STIRR Terms of Use

Operated by Thinking Media, Inc., d/b/a STIRR

Last Revised: January 2025

PLEASE READ THESE TERMS OF USE CAREFULLY. THIS IS A BINDING LEGAL AGREEMENT. BY ACCESSING OR USING THE STIRR SERVICES ON ANY PLATFORM OR DEVICE, YOU AGREE TO BE BOUND BY THESE TERMS. ANY DISPUTE ARISING UNDER THESE TERMS SHALL BE RESOLVED EXCLUSIVELY IN THE STATE OR FEDERAL COURTS LOCATED IN NEW CASTLE COUNTY, DELAWARE.

1. Agreement to Terms

These Terms of Use ("Terms") govern your access to and use of all STIRR websites, mobile applications, connected television applications, streaming interfaces, and interactive services (collectively, the "Sites") and the streaming, content, advertising, and related services provided in association with the Sites (collectively, the "Services"), all operated by Thinking Media, Inc., d/b/a STIRR ("STIRR," "we," "us," or "our").

The Services are accessible across a wide range of platforms and devices, including but not limited to: desktop and laptop computers; web browsers; iOS and Android smartphones and tablets; and connected television (CTV) platforms including Roku, Apple TV, Amazon Fire TV, Google TV, Samsung Smart TV, Google Play, and other streaming devices, app stores, and distribution channels now existing or developed in the future. These Terms apply to your use of the Services on all such platforms and devices.

By accessing or using the Services in any manner on any platform or device, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference and available at https://stirr.com/page/2/privacy-policy/.

If you do not agree to these Terms, you must immediately stop using the Services on all platforms and devices.

We reserve the right to modify these Terms at any time by posting the updated Terms on the Services with a new "Last Revised" date at the top. Your continued use of the Services on any platform following the posting of updated Terms constitutes your acceptance of those changes.

2. Eligibility

You must be at least 18 years of age to use the Services. If you are between 13 and 17 years of age, you may use the Services only with the involvement and prior consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf. The Services are not directed to children under the age of 13, and we do not knowingly collect personal information from children under 13.

By using the Services, you represent and warrant that: (a) you meet the eligibility requirements above; (b) you have the legal capacity to enter into this agreement; and (c) your use of the Services does not violate any applicable law or regulation.

3. Accounts

Some features of the Services require you to create an account. When creating and maintaining an account, you agree to:

Provide accurate, current, and complete registration information
Maintain and promptly update your account information
Keep your password and account credentials confidential and secure
Not share your account with any third party or allow any third party to access or use the Services through your account
Accept full responsibility for all activity that occurs under your account, regardless of which platform or device is used to access it
Notify us immediately at support@stirr.com of any unauthorized use of your account or any other breach of security

You are solely responsible for any Internet connection, data, and telecommunications fees or charges you incur when accessing the Services on any device or platform. We reserve the right to suspend or terminate your account at any time, for any reason or no reason, with or without notice.

4. License to Use the Services

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your personal, non-commercial purposes across authorized platforms and devices.

This license expressly excludes any right to:

Reproduce, distribute, publicly display, publicly perform, or otherwise exploit any content available through the Services on any platform
Modify, adapt, translate, reverse engineer, disassemble, decompile, or create derivative works based on the Services or any content therein
Sell, rent, lease, sublicense, transfer, or otherwise make the Services available to any third party
Remove, alter, or obscure any copyright, trademark, or other proprietary notices
Use the Services or any content therein for any commercial purpose
Use the Services in any way that violates these Terms or any applicable law

5. Prohibited Conduct

You agree that you will not, in connection with your access to or use of the Services on any platform or device:

Violate any applicable federal, state, local, or international law or regulation
Infringe or violate the intellectual property rights, privacy rights, or other rights of any third party
Transmit, distribute, or store any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, hateful, or otherwise objectionable
Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity
Use any automated means, including robots, scrapers, crawlers, spiders, or data mining tools, to access, collect data from, or otherwise interact with the Services without our prior written consent
Use any network analyzer, packet sniffer, protocol analyzer, deep packet inspection tool, browser developer tools network monitoring feature, or any similar technology — on any platform or device — to monitor, intercept, capture, or record communications, data transmissions, or network traffic generated by your use of the Services, whether for the purpose of identifying claimed legal violations, building an evidentiary record, testing compliance with any law or regulation, or for any other purpose not expressly authorized in writing by STIRR
Access or use the Services, or submit any search query, form entry, text input, voice command, or other communication on any platform or device, for the primary purpose of testing, probing, surveilling, or identifying potential legal claims against STIRR, its affiliates, or its technology partners, rather than for your genuine personal use of the Services. You acknowledge and agree that any information you voluntarily submit to the Services while simultaneously monitoring network traffic, or with advance knowledge that the information may be transmitted to or processed by third-party services, is not submitted with a reasonable expectation of privacy, and you expressly waive any claim that such submission, transmission, or processing constitutes an unauthorized interception, eavesdropping, wiretapping, or invasion of privacy under any applicable law, including but not limited to California Penal Code Section 631 or any similar federal or state statute
Interfere with, disrupt, or damage the Services, servers, networks, or infrastructure connected to the Services on any platform
Attempt to gain unauthorized access to any portion of the Services or any account, system, or network connected to the Services
Introduce, transmit, or store any virus, malware, ransomware, trojan, worm, or any other harmful or disruptive code
Generate artificial, automated, or fraudulent views, impressions, clicks, traffic, or engagement
Use the Services to send unsolicited commercial messages, spam, or other unsolicited communications
Collect or harvest personal information about other users of the Services

6. Content and Intellectual Property

6.1 STIRR Content

The Services and all content, features, and functionality thereof, including but not limited to text, graphics, images, video, audio, data, software, and the design, selection, and arrangement thereof (collectively, "STIRR Content"), are owned by Thinking Media, Inc. or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. STIRR and the STIRR logos and marks are trademarks of Thinking Media, Inc. All rights not expressly granted in these Terms are reserved.

6.2 User-Generated Content

If and to the extent the Services allow you to submit, upload, post, or otherwise make available content ("User Content"), you retain ownership of any intellectual property rights you hold in that User Content. By submitting User Content, you grant STIRR a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, and otherwise exploit your User Content in connection with operating and improving the Services across all platforms.

You represent and warrant that: (a) you own or have the necessary rights to grant the license above; (b) your User Content does not infringe any third-party rights; and (c) your User Content complies with these Terms and all applicable laws. We reserve the right to remove any User Content at our sole discretion.

6.3 DMCA Copyright Policy

We respect the intellectual property rights of others and comply with the Digital Millennium Copyright Act (17 U.S.C. § 512). If you believe that content available through the Services infringes your copyright, please provide our designated Copyright Agent with the following:

Your name, mailing address, telephone number, and email address
A description of the copyrighted work you claim has been infringed
A description of the material you claim is infringing and where it is located on the Services
A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law
A statement under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf
Your physical or electronic signature

Send DMCA notices to:

Thinking Media, Inc., d/b/a STIRR

ATTN: DMCA Copyright Agent / Legal Department

Email: support@stirr.com

We reserve the right to terminate the accounts of repeat infringers in appropriate circumstances.

7. Third-Party Content and Links

The Services may contain links to, integrations with, or content from third-party websites, applications, and services that are not owned or controlled by STIRR. We provide these links and integrations as a convenience and do not endorse, control, or assume any responsibility for any third-party content, websites, products, or services. Your access to and use of third-party services is governed by those services' own terms and policies.

8. Privacy and Data Collection

Our collection, use, and disclosure of information in connection with the Services on all platforms and devices is described in our Privacy Policy, available at https://stirr.com/page/2/privacy-policy/, which is incorporated into these Terms by reference. By using the Services on any platform or device, you acknowledge that you have read our Privacy Policy and consent to the collection, use, and sharing of your information as described therein, including the use of cookies, mobile advertising identifiers, CTV device identifiers, analytics tools, advertising technologies, and other tracking technologies appropriate to each platform. You acknowledge and agree that search terms and other inputs you enter into the Services on any platform may be transmitted to and processed by third-party analytics and advertising partners as disclosed in our Privacy Policy, and that such transmission is part of the normal operation of the Services to which you consent by using them.

9. Advertising

The Services are supported by advertising revenue. By using the Services on any platform or device, you agree that we and our advertising partners may deliver advertisements to you, including targeted advertisements based on information about your use of the Services, your general location, your interests, and your online and viewing activity as described in our Privacy Policy. We are not responsible for the content of any third-party advertisement or for any products, services, or representations made therein.

10. Unsolicited Ideas and Submissions

We do not accept, consider, or solicit unsolicited ideas, concepts, suggestions, or materials of any kind ("Unsolicited Submissions"). If you send us Unsolicited Submissions notwithstanding this policy, you agree that: (a) your submission is non-confidential and non-proprietary; (b) we have no obligation to review, consider, return, or compensate you; and (c) you grant us a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, adapt, publish, distribute, and otherwise exploit your Unsolicited Submission for any purpose, without compensation or attribution to you.

11. Platform-Specific Terms

The Services are available across multiple platforms and devices. The following additional terms apply when you access the Services through specific platforms. In the event of a conflict between these Terms and any platform-specific terms in this Section, the platform-specific terms in this Section shall control with respect to matters specific to that platform.

11.1 Apple Platforms (iOS, iPadOS, Apple TV, Mac App Store)

If you access or use the Services through a device or platform manufactured and/or sold by Apple, Inc. ("Apple"), including iPhone, iPad, Apple TV, or Mac, the following terms apply:

These Terms are entered into between you and STIRR only. Apple is not a party to these Terms, except as a third-party beneficiary as set forth below
Your use of the Services on Apple platforms is subject to the Apple Media Services Terms and Conditions and any other applicable Apple terms
STIRR, and not Apple, is responsible for the Services and the content thereof
Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Services
To the maximum extent permitted by applicable law, Apple will have no warranty obligation with respect to the Services
STIRR, and not Apple, is responsible for addressing any claims you have relating to the Services, including: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation
If the Services infringe any third-party intellectual property rights, you agree not to hold Apple responsible for the investigation, defense, settlement, or discharge of any such claim
You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and that Apple will have the right to enforce these Terms against you as a third-party beneficiary thereof
When using the Services on Apple platforms, you agree to comply with any and all applicable third-party terms

11.2 Android and Google Play

If you access or use the Services through an Android device via the Google Play Store, the following terms apply:

These Terms are entered into between you and STIRR only. Google LLC is not a party to these Terms
Your use of the Services on Android is subject to the Google Play Terms of Service
STIRR, and not Google, is responsible for the Services and content thereof, and for addressing any claims you have relating to the Services
Google has no obligation to furnish maintenance or support services with respect to the Services

11.3 Roku

If you access or use the Services through a Roku device or the Roku platform, the following terms apply:

These Terms are entered into between you and STIRR only. Roku, Inc. is not a party to these Terms
Your use of the Services on Roku is also subject to Roku's applicable terms of service and privacy policy
STIRR, and not Roku, is responsible for the Services and content thereof

11.4 Amazon Fire TV

If you access or use the Services through an Amazon Fire TV device or the Amazon Appstore, the following terms apply:

These Terms are entered into between you and STIRR only. Amazon.com, Inc. is not a party to these Terms
Your use of the Services on Amazon Fire TV is also subject to Amazon's applicable terms of service and privacy policy
STIRR, and not Amazon, is responsible for the Services and content thereof

11.5 Google TV and Android TV

If you access or use the Services through a Google TV or Android TV device, the following terms apply:

These Terms are entered into between you and STIRR only. Google LLC is not a party to these Terms
Your use of the Services on Google TV or Android TV is also subject to Google's applicable terms of service and privacy policy
STIRR, and not Google, is responsible for the Services and content thereof

11.6 Samsung Smart TV

If you access or use the Services through a Samsung Smart TV or the Samsung Smart Hub platform, the following terms apply:

These Terms are entered into between you and STIRR only. Samsung Electronics Co., Ltd. is not a party to these Terms
Your use of the Services on Samsung Smart TV is also subject to Samsung's applicable terms of service and privacy policy
STIRR, and not Samsung, is responsible for the Services and content thereof

11.7 Other Platforms and Future Devices

If you access or use the Services through any other current or future platform, app store, connected television device, streaming device, or distribution channel not specifically listed above, these Terms apply to your use of the Services on that platform. STIRR, and not the applicable platform operator, is responsible for the Services and content thereof. Any reference to a specific platform in these Terms shall apply by analogy to any similar current or future platform or distribution channel through which the Services are made available.

12. Disclaimer of Warranties

THE SERVICES, ON ALL PLATFORMS AND DEVICES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THINKING MEDIA, INC. AND ITS AFFILIATES, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY, THE "STIRR PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

THE STIRR PARTIES MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE ON ANY PLATFORM; THAT DEFECTS WILL BE CORRECTED; THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT ANY PARTICULAR PLATFORM INTEGRATION OR FEATURE WILL REMAIN AVAILABLE.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the foregoing exclusions may not apply to you.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE STIRR PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES ON ANY PLATFORM OR DEVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE STIRR PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US, IF ANY, IN THE SIX (6) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00).

Some jurisdictions do not allow certain limitations of liability, so some of the foregoing may not apply to you.

14. Indemnification

You agree to indemnify, defend, and hold harmless the STIRR Parties from and against any and all claims, demands, actions, liabilities, losses, damages, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to: (a) your access to or use of the Services on any platform or device; (b) your violation of these Terms or any applicable law or regulation; (c) your violation of any right of a third party; (d) any User Content you submit to the Services; or (e) any dispute between you and any third party.

15. Governing Law and Exclusive Jurisdiction

These Terms and any dispute or claim arising out of or relating to these Terms, the Privacy Policy, or the Services on any platform or device (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. The parties acknowledge that Thinking Media, Inc. is incorporated in Delaware and that Delaware law provides a well-developed and commercially sophisticated legal framework appropriate for governing these Terms.

You and STIRR irrevocably agree that the state courts of New Castle County, Delaware, and the United States District Court for the District of Delaware shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms, the Privacy Policy, or the Services, including any claim arising under any federal or state privacy, wiretapping, data protection, electronic communications, or consumer protection statute. You and STIRR irrevocably waive any objection to the laying of venue of any such dispute in those courts, and irrevocably waive any claim that such courts constitute an inconvenient forum, regardless of where the events giving rise to the claim occurred, where you are located, or on which platform or device the alleged conduct occurred.

Notwithstanding the foregoing, STIRR reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent or enjoin the actual or threatened infringement, misappropriation, or violation of our intellectual property rights or other proprietary rights.

Any cause of action or claim arising out of or related to the Services or these Terms must be commenced within one (1) year after the cause of action accrues. Any claim not brought within this period is permanently barred, regardless of any statute of limitations to the contrary.

16. Electronic Communications Consent

By using the Services and providing your email address, you consent to receive electronic communications from us, including service-related notices, administrative messages, and promotional communications. You agree that any notices or other communications we provide electronically satisfy any legal requirement that such communications be in writing. You may opt out of promotional communications at any time by following the unsubscribe instructions in those communications or by contacting us at support@stirr.com.

17. Termination

These Terms are effective until terminated. We reserve the right to suspend or terminate your access to all or any part of the Services on any or all platforms at any time, with or without cause, with or without notice, effective immediately. Upon termination, your right to use the Services will immediately cease on all platforms and devices. Sections 6, 10, 12, 13, 14, 15, and 18 of these Terms shall survive any termination.

18. General Provisions

18.1 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements or policies expressly incorporated by reference herein, constitute the entire agreement between you and STIRR with respect to the Services and supersede all prior and contemporaneous agreements, representations, warranties, and understandings with respect to the Services.

18.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, shall be severed from these Terms. The remaining provisions shall continue in full force and effect. The parties intend that if any court finds the tester conduct waiver in Section 5 unenforceable as applied to statutory claims, the court shall nevertheless enforce all other provisions of Section 5 and these Terms to the maximum extent permitted by law.

18.3 No Waiver

Our failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof. Any waiver of any provision of these Terms must be in writing and signed by an authorized representative of STIRR.

18.4 Assignment

You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without our prior written consent. We may assign these Terms or any of our rights or obligations hereunder at any time without your consent, including in connection with a merger, acquisition, or sale of assets.

18.5 Attorneys' Fees

In any action or proceeding arising out of or related to these Terms in which STIRR is the prevailing party, STIRR shall be entitled to recover its reasonable attorneys' fees, costs, and expenses from the non-prevailing party.

18.6 Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms to the extent such failure or delay is caused by circumstances beyond our reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, civil unrest, governmental action, labor disputes, power failures, or failures of third-party service providers or platform operators.

18.7 Notices

All notices to STIRR under these Terms must be in writing and sent to support@stirr.com. We may provide notices to you via the email address associated with your account, via posting on the Services, or via the platform through which you access the Services.

18.8 No Partnership

Nothing in these Terms shall be construed to create a partnership, joint venture, agency, franchise, or employment relationship between you and STIRR.

18.9 Controlling Language

These Terms are written in English. In the event of any conflict between the English language version and any translation, the English language version shall control in all respects.

18.10 Export Compliance

You may not use or access the Services if you are located in a country subject to a U.S. government embargo or designated as a terrorist-supporting country, or if you are listed on any U.S. government list of prohibited or restricted parties.

19. Contact Information

If you have any questions, concerns, or feedback regarding these Terms or the Services on any platform, please contact us at:

Thinking Media, Inc., d/b/a STIRR

ATTN: Legal Department

Email: support@stirr.com

These Terms of Use are effective as of January 2025 and apply to all users of the STIRR Services on all platforms and devices, operated by Thinking Media, Inc. Any disputes arising under these Terms shall be resolved exclusively in the state or federal courts of New Castle County, Delaware. Current URL: https://stirr.com/page/10/terms-of-use/