Terms of Service
Privacy Policy
Terms of Service

Starpower AI Terms of Service

Last Modified on Aug 18 2023

PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.

Welcome to the Starpower AI, a service provided by Boom.tv including the website and/or apps across multiple platforms provided by BoomTV Inc (the "Apps"). This Terms of Use (this "Terms") describes the conditions applicable to your access and use of the Apps that allows you to create avatars, voice and pitch cloning using your likeness and create content including audio and videos; (collectively, the "Service"). This Terms sets forth the terms and conditions under which Boom.tv, Inc. ("Starpower AI", "Boom.tv", "we", "us" or "our") provides you access to the Apps and the Service.

Starpower AI may amend this Terms at any time by posting the amended Terms of Use on the Apps, and you agree that you will be bound by any changes to this Terms. For your convenience, the date of last revision is included at the top of this page. Starpower AI may make changes to the Apps and/or the Service at any time. You understand that Boom.tv may discontinue or restrict your use of the Apps and/or Service for any reason or no reason with or without notice. If at any point you do not agree to any portion of the then-current version of this Terms, you must immediately stop using the Apps and/or Service.

YOUR USE OF THE APPS, AND/OR THE SERVICE SIGNIFIES THAT YOU AGREE TO THIS TERMS AND CONSTITUTES YOUR BINDING ACCEPTANCE OF THIS TERMS, INCLUDING ANY MODIFICATIONS THAT Boom.tv MAKES FROM TIME TO TIME.

Privacy Policy. By using the Apps or the Service, you represent that you have read and consent to our Privacy Policy. Starpower AI may revise the Privacy Policy at any time, and the new version will be available at the above link. If at any point, you do not agree to any portion of the Privacy Policy, you must immediately stop using the Apps and/or Service. To provide our Apps and Services to you, we may send you Service announcements, updates and other information periodically.

User. By using the Service, you must: (i) agree to this Terms and the Privacy Policy; (ii) register for an account on the Service unless using the free service that doesn’t require registration (an “Account”); and (iii) be 18 years of age or older or be 13 years of age or older with parental consent . These requirements may change as the Service evolves. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy.

You may use the App or Service as Consumer or Business. “Consumer” is a natural person who is acting outside the scope of an economic activity and a “Business” is a natural or legal person or corporation or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of its commercial or self-employed professional activity.

To use our Apps and Services on behalf of a Business an authorized representative of that Business must agree to these terms.

What you can expect from us.

We constantly develop our technology and features to develop, improve, and update our Apps and Services. As part of this we may add or remove features, modify usage limits, as well as offer new services or end those previously offered. We may also make changes to our Apps and Services to:

  • prevent abuse or harm
  • respond to legal, regulatory, safety or security issues
  • respond to changes in the licenses and partnerships we have with others
  • adapt to new technologies
  • adapt to changes in the number of people who use our Services

We will also update our Apps and Services to comply with relevant laws and regulations. You can expect us to meet the legal safety standards. We may also automatically update our Apps and Services to counter high safety or security risks.

Our Service is provided on an as-is and as-available basis. We continuously update our Apps and Services and we do our best to keep them working as expected. However, due to the nature of AI technology, machine learning and other factors, we cannot guarantee our models will always produce the output you intended - your Generated Content can sometimes contain visual / audio errors, mispronunciations and unintended artifacts.

For users subscribed to plans that are free of charge we reserve the right to modify, suspend or stop offering our Apps for any reason and without notice.

For users subscribed to paid plans: we will notify you in advance of making changes to our Apps which may adversely impact your use of them.

US based

You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection with our Apps

EU based

If you’re an EEA-based Consumer, you can also withdraw from these terms within 14 days of accepting them. Please see EEA Instructions on Withdrawal for more specific information.

Our permission to you to use our Apps and Services do not grant you any rights to our Intellectual Property Rights that we have in them. This includes, all source code, technical capability for image, video and speech synthesis, avatar, picture and voice cloning or design, databases, functionality, software, technology, images, avatars, videos, website designs, text and graphics contained in our Apps and Services, as well as their design and arrangement. This also includes our trademarks, trade names and logos. We ask you not to copy, reproduce, republish, upload, publicly display, distribute, sell, license or use any parts of our Apps and Services described above for commercial purposes. You must not use any part of our Apps, Services or their output to research and develop products, models and services that compete with Boom.tv and Starpower AI.

Provided you have the necessary intellectual property rights in the Content you generate with our Apps, you may use this generated Content for commercial purposes.

User Content

Content. “Content” means any content you upload and generate including your images, audio, voice recordings, videos, sounds, and all the material and information that you upload or transmit through the Apps, Service and/or to your Account.

To avoid any doubt, we claim no Intellectual Property Rights over the Files you Upload or the Content you Generate using our Apps and Services, including the avatars of your images, recordings of your own voice, and we will not use the Files you Upload to independently generate any content. We will also not use any of your Generated Content without your permission for purposes other than listed in ”License and Intellectual Property” section below.

You agree that you may not upload or otherwise transmit on or through the Apps, Service and/or your Account any Content that is subject to any third-party rights.

We will use the Content you Upload to provide Apps and Services and we may use this content to improve our Apps, Services and models. We store and process your Files with security measures in place to prevent unauthorized users from having access to them. The Files you Upload are processed automatically and they can be deleted at your request but they cannot be returned to you (we do not offer a data storage service).

Due to the nature of machine learning, the content you generate using our Apps may not be unique across users and the Apps may generate the same or similar output for other parties. Content that is requested by and generated for other users are not considered your Content.

Starpower AI may retain or delete such Content at any time at our sole discretion. You shall not rely on Starpower AI to retain such Content through your Account and agree to back up such Content on separate systems if you would like to retain a copy of such Content. Starpower AI shall have no obligation to provide the Content to you upon your request or otherwise.

Content Screening and Disclosure. We do not, and cannot, pre-screen or monitor all Content. However, we may or our representatives may monitor and/or record your content, and you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the submission of any Content. We do not assume any responsibility or liability for Content that is generated by users of the Apps and/or Service. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any Content. We also reserve the right, at all times and in our sole discretion, to disclose any Content (i) to satisfy any applicable law, regulation, legal process or governmental request; (ii) to enforce the terms of this Terms or any other agreement; (iii) to protect our legal rights and remedies; (iv) where we feel someone’s health or safety may be threatened; or (v) to report a crime or other offensive behavior.

Rules and Prohibited Content. You agree that you shall not upload, display or transmit any Content (including but not limited to links to any of the following Content, from any source, as it appears on third party Apps or services) through the Apps, Service and/or your Account that: (i) is unlawful, libelous, defamatory, harassing, threatening, harmful, invasive of privacy or publicity rights, personally identifiable information of another user, abusive, inflammatory, fraudulent, deceptive, misleading or is otherwise objectionable; (ii) conveys expressions of bigotry, prejudice, racism, hatred or profanity; (iii) constitutes, assists or encourages a criminal offense, violates the rights of any party, or that otherwise creates liability or violates any local, state, national, or international law; (iv) infringes or encourages the infringement of any patents, trademarks, trade secrets, copyrights or other intellectual or proprietary right of any party; (v) contains any viruses, Trojan horses, worms, time bombs, cancelbots, farming bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, expropriate any system, data or personal information or otherwise interfere with normal user experience; (vi) misrepresents its source or origin; (vii) installs any computer software or program or code without prior end-user consent or in a manner that is in violation of any applicable law or regulation; (viii) triggers a pop-up, pop-under, dialogue box, or initiates a downloadable application; or (ix) is for or associated with online gambling, online pharmacies, medicinal marijuana, pornographic products or services, alcohol, guns, or tobacco (collectively, the “Prohibited Content”).

License and Intellectual Property.

License.

You retain the Intellectual Property Rights that you have in Your Content. This includes any content you upload and generate including your images, audio, voice recordings, videos, sounds, and all the material and information that you upload or transmit through the Apps, Service and/or to your Account. We need your permission if your Intellectual Property Rights restrict our use of Your Content. You provide us with this permission through this license:

This license covers Your Contributions and the Content you Upload to and Generate using our Apps and Services if that Content is protected by Intellectual Property Rights.

This license doesn't affect your data protection rights — it's only about your Intellectual Property Rights. This license doesn't cover publicly available factual information that you provide, such as name of celebrity or event or address of an entity or content that is in the public domain.

This license is:

  • worldwide, which means it’s valid anywhere in the world
  • non-exclusive, which means you can license Your Content to others
  • royalty-free, which means there are no monetary fees for this licenses

Rights.

This license allows us and our technology partners to use, host, store, display, reformat, archive, cache Your Content to perform our Apps and Services, to save Your Content on our systems and make it accessible.

Purpose

This license is for the limited purpose of:

  • operating and improving the Apps and Services, which means allowing the Apps and Services to work as designed and creating new features and functionalities. This includes using automated systems and algorithms to analyze Your Content:
    • for spam, malware, and illegal content
    • to research and development such as e.g. recognize patterns in data for improving the quality of our Apps and Service
    • This analysis occurs as the content is sent, received, and when it is stored.
  • sharing your content on the Content Library if you choose to do so. By making your Content available on the Content Library, other StarPower AI users will be allowed to access and reuse your Content according to our Terms of Service.
  • developing and making available new technologies or services for Starpower consistent with these terms

Duration. This license lasts for as long as Your Content is protected by Intellectual Property Rights.

If you remove from our Apps any content that’s covered by this license we will cease to use it to the extent that is technically feasible.

If your Uploaded Content contains personal data of EU citizens, you are responsible and accountable for this data as a controller according to the General Data Protection Regulation. You authorize Starpower AI to process this data on your behalf by hosting your enrolled data. You also authorize Starpower AI to engage other parties as processors. We process your Uploaded Content according to these Terms.

EU & UK Specific

If you are a EU or UK citizen this license should not prevail over your right to opt out from certain purposes of personal data processing, as specified in our Privacy Policy.

Content Library. The Content Library makes available content generated by Starpower AI and other Starpower AI users with their permission. You can access and reuse Content made available on the Content Library under the terms of our license described below.

Content Library Licence allows you to access and reuse any Content available on the Content Library for any purposes, including personal and commercial use.

Content Library License is:

  • worldwide, which means it’s valid anywhere in the world
  • non-exclusive, which means you can license Your Content to others
  • royalty-free, which means there are no monetary fees for this license
  • non-transferable, which means that you cannot sell, lease, or sublicense Content made available through the Voice Library.
  • revocable, which means Starpower AI reserves the right to withdraw this license at any time and for any reason.

Starpower AI reserves all rights not expressly granted in this license. Crediting or attributing materials made available through our Voice Library to one of our account users does not mean or suggest the materials or the underlying voice synthesis capability are owned by the account user at hand. The ownership of rights in the materials made available through our Voice Library is governed by our Terms of Service.

This license is also contingent on your compliance with our Terms of Service.

This license does not grant you the right to use the Content for any purpose listed in the ‘Restrictions’ section of these Terms, or to infringe on the rights of any third party, including and without limitation to any intellectual property or privacy rights.

Usage.

Accounts and Security

Third Party Accounts. If you are a registered user of certain third party social networking accounts as specified on the Apps, such as Twitch, Youtube, Discord, Twitter, etc. (“Third Party Accounts”), you may use your Third Party Account information by logging into your Third Party Accounts through the Apps to do some or all of the following: (i) log into your Account on the Apps; (ii) enable you to automatically fill in certain information in your Account profile; (iii) find your friends from your Third Party Accounts on the Service; and/or (iv) perform other actions as permitted by the Service and your Third Party Accounts from time to time. Your Third Party Accounts are subject to separate terms and conditions provided by the Third Party Account providers. You hereby acknowledge that the Third Party Account providers are not responsible for any liability as a result of your use of the Service and that the Service is in no way sponsored, endorsed or administered by the Third Party Account providers. Further, you acknowledge that Starpower AI is not responsible for and does not guarantee continued functionality between the Apps and your Third Party Accounts, and is not responsible for any effect your use of the Apps has on your Third Party Accounts.

Account Security. Maintaining account security is very important. You are entirely responsible for maintaining the confidentiality of the Account username and password. You agree to notify Starpower AI immediately if you believe that an Account username and/or password have been compromised.

Account Sharing or Transfers. You may not share, transfer or sell any Account, except that you may permit your minor child to use an Account registered to you so long as you accept full responsibility for the conduct of that child. You may not disclose your username and password to anyone other than a minor child as set forth herein. Notwithstanding anything contained herein, under no circumstances shall you provide access to the Apps a child under the age of 13 or allow a child under the age of 13 to use your Account. Restrictions and Conditions of Use.

If you further choose a paid subscription, you will be asked to provide your payment information. By providing this information you grant us the right to charge our fees for using the Apps covered in your subscription. Other than this, the registration is free of charge. We will accept your offer by sending you a confirmation email or by providing access to the Apps to you.

Restrictions. You are specifically restricted from all of the following

  • violate any national or international law
  • violate the rights of others, or in any way that is illegal, threatening, fraudulent, or harmful, including Generating Content that discriminates against people based on their race, color, national or ethnic origin, religion, age, sex, gender, sexual orientation and/or preference, or disability
  • violate the rights of others, including but not limited to infringing Copyright, right of publicity, right of likeness, and/or any other Intellectual Property Rights, or to defame a third party or cast a third party in false light
  • fraudulently impersonate other people or companies
  • exploit or harm minors
  • harass or threaten any person or to promote violence against a specific person or class of people
  • trick or mislead us or other users, especially in an attempt to learn sensitive account information, for example user passwords
  • disable, interfere with or circumvent security-related features of our Apps and Services
  • interfere with, disrupt, or create an undue burden on our Apps and Services or the networks or services connected to ours
  • engage in any automated use of the systems (except of our Public API), for example by using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
  • copy our Apps and Services’ software, including all code
  • reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Apps and Services (except to the extent such restrictions are contrary to applicable law)
  • sell or transfer your profile
  • harass, annoy, intimidate, or threaten any of our employees engaged in providing our Apps and Services or assistance to you
  • make improper use of our support or submit false reports of abuse or misconduct
  • harm us or our Apps and Services in any way.
  • create, distribute or use any third party software provided through the Apps, the Service or otherwise, in a manner designed to change, interfere with, misuse, abuse, unlawfully access, or otherwise manipulate the Service and/or Apps.

Suspending or terminating your Account

Starpower AI reserves the right to suspend or terminate your account access to the Apps and Services or delete your Starpower AI Account if any of these things happen:

  • you materially or repeatedly breach these terms
  • we’re required to do so to comply with a legal requirement or a court order
  • we reasonably believe that your conduct causes harm or liability to a user, third party, or Starpower AI — for example, by harassing, misleading, impersonating, defaming others, or hacking, phishing, scraping content that doesn’t belong to you.

If you believe your account on our Service has been suspended or terminated in error, you can appeal by writing to contact@boom.tv.

You’re always free to stop using our Services at any time.

EU Specific

If you’re an EEA-based Consumer, you can also withdraw from these terms within 14 days of accepting them.

Payment, term and termination

If you subscribe to a paid plan, you will be charged monthly upfront, starting on the day you subscribe. The exact price will be based on the current price information shown on our pricing page. All prices include VAT. You may terminate your subscription for convenience at any time until the end of your current billing period.

Your plan’s monthly limits must be used during the applicable term. Any unused limits do not transfer over to the next month.

Refund policy

If you subscribed to a paid plan and you request a refund of your most recent payment within the last 30 days, please do let us know by email to your account representative within our company.

You are eligible for a refund if a request is filed within 14 days of payment and no character quota was used in the period for which you are seeking the refund.

In case of problems and disagreements

Both the law and these terms give you the right to a certain quality of service, and ways to fix problems if things go wrong.

EU & UK Specific

If you’re a Consumer based in the EU and UK, then you enjoy all legal rights granted to Consumers under applicable law.

EU Specific

If you are based in the EU and you have agreed to our Terms of Service, then EU Consumer laws provide you with a legal guarantee covering the digital services that we provide you. Under this guarantee, we’re liable for any lack of conformity that you discover at any time during the “continuous” supply of digital content or services.

Your national laws may provide an even longer guarantee. If you want to make a guarantee claim, please contact us at legal@boom.tv

Notice for Claims of Copyright Infringement

If you are a copyright owner or agent thereof and believe that content posted on the Apps by a Starpower AI user infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our Copyright Agent with the following information: (a) an electronic signature of the person authorized to act on behalf of the owner of the copyright; (b) a description of the copyrighted work that you claim has been infringed; (c) the URL of the location on our Apps containing the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent can be reached by email at contact@Boom.tv. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.

Intellectual Property

Trademarks. Starpower AI, Boom.tv and the Starpower AI, Boom.tv logo are trademarks/service marks of Boom.tv. Unauthorized use of any Boom.tv trademark, service mark or logo may be a violation of federal and state trademark laws.

Copyright. The Apps and the Service are protected by U.S. and international copyright laws. Except for your use as authorized above, you may not modify, reproduce or distribute the content, design or layout of the Apps and the Service, or individual sections of the content, design or layout of the Apps without our express prior written permission.

Location

The Apps and the Service are operated by Boom.tv in the United States. Those who choose to access the Apps, and/or the Service from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.

Children

The Apps and the Service are not directed toward children under 13 years of age nor does Boom.tv knowingly collect information from children under 13. If you are under 13, please do not submit any personally identifiable information to BooCm.tv.

DISCLAIMER OF WARRANTIES

THE APPS AND SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. BOOM.TV MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE APPS AND/OR SERVICE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE APPS, THE SERVICE AND/OR THE CONTENT AVAILABLE ON THE APPS, INCLUDING THE ASSETS, IS AT YOUR SOLE RISK. BOOM.TV DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE APPS AND/OR SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE APPS OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR- FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE APPS OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.

LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOOM.TV, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIM ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE APPS AND/OR SERVICE, EVEN IF BOOM.TV AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF BOOM.TV OR ANY OF THE RELATED PARTIES EXCEED THE AMOUNT THAT YOU PAID TO US OR OUR DESIGNEES DURING THE SIX (6) MONTHS PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE, OR 0, WHICHEVER IS GREATER.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Boom.tv and its affiliates shall be limited to the fullest extent permitted by law.

Indemnification. You agree to indemnify, defend and hold Boom.tv and the Related Parties harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Apps, Service, or any breach by you of this Terms or any other policies that Boom.tv may issue for the Apps and/or Service from time to time.

Governing Law; Jurisdiction. This Terms shall be is governed by, and will be construed under, the laws of the United States of America and the law of the State of California, without regard to conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Except as provided in Section below (and claims proceeding in any small claims court), all disputes arising out of or related to your use of the Apps and/or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco, California and you agree to submit to the personal jurisdiction and venue of such courts.

Binding Arbitration

Arbitration Procedures. You and Boom.tv agree that, except as provided in Section below, all disputes, controversies and claims related to this Terms (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in this Terms. In the event of a conflict between the terms set forth in this Section 23 and the JAMS Rules, the terms in this Section 23 will control and prevail.

Except as otherwise set forth in Section 23.4, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this Terms, (i) you and Boom.tv may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.

BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND BOOM.TV WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

Location. The arbitration will take place in your hometown area if you so notify Boom.tv in your notice of arbitration or within ten (10) days following receipt of our arbitration notice. In the absence of a notice to conduct the arbitration in your hometown area, the arbitration will be conducted in San Francisco, California, unless the parties agree to video, phone and/or internet connection appearances.

Limitations. You and Boom.tv agree that any arbitration shall be limited to the Claim between Boom.tv and you individually. YOU AND BOOM.TV AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.

Exceptions to Arbitration. You and Boom.tv agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claim seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.

Severability. You and Boom.tv agree that if any portion this Section is found illegal or unenforceable (except any portion of Exceptions), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 23.4 is found to be illegal or unenforceable then neither you nor Boom.tv will elect to arbitrate any Claim falling within that portion of Exceptions found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within San Francisco, State of California, United States of America, and you and Boom.tv agree to submit to the personal jurisdiction of that court.

General

TERMS Revisions. This Terms may only be revised in a writing signed by Boom.tv, or published by Boom.tv on the Apps.

No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Boom.tv as a result of this Terms or your use of the Apps or the Service.

Assignment. Boom.tv may assign this Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Terms without our prior written consent, and any unauthorized assignment by you shall be null and void.

Severability. If any part of this Terms is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the Terms shall be given full force and effect.

Attorneys’ Fees. In the event any litigation or arbitration is brought by either party in connection with this Terms, the prevailing party in such litigation or arbitration shall be entitled to recover from the other party all the reasonable costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.

No Waiver. Our failure to enforce any provision of this Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Notices. All notices given by you or required under this Terms shall be in writing and addressed to: Boom.tv, Inc. 55 E 3rd Ave San Mateo CA 94401, ATTN: LEGAL.

Export Administration. You will comply fully with all relevant export laws and regulations of the United States, including, without limitation, the U.S. Export Administration Regulations (collectively “Export Controls”). Without limiting the generality of the foregoing, you will not, and you will require your representatives not to, export, direct or transfer any direct product thereof, to any destination, person or entity restricted or prohibited by the Export Controls.

Equitable Remedies. You hereby agree that Boom.tv would be irreparably damaged if the terms of this Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.

Entire Agreement. This Terms, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Apps and/or Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Apps and/or Service; provided, however, that this Terms shall coexist with, and shall not supersede the Privacy Policy.