STIRR Terms of Service

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

Last Revised: January 2025

PLEASE READ THIS TERMS OF SERVICE CAREFULLY. THIS IS A BINDING LEGAL CONTRACT. BY ACCESSING OR USING THE STIRR SERVICE 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 These Terms

This Terms of Service (this "TOS") describes the terms and conditions applicable to your access 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 "Service"), all operated by Thinking Media, Inc., d/b/a STIRR ("STIRR," "we," "us," or "our").

The Service is 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 Service on all such platforms and devices.

Your access to or use of the Sites or Service on any platform constitutes your acceptance of and agreement to be bound by this TOS. If you do not agree to these Terms, you must immediately stop using the Sites and the Service on all platforms and devices.

STIRR grants you a limited, personal, non-exclusive, non-transferable, revocable permission to access and use the Sites and Service in accordance with this TOS. STIRR may make changes to the Sites, Service, and this TOS at any time by posting updated terms on our website. The date of last revision is shown at the top of this page. Your continued use of the Service on any platform after any amendment constitutes your acceptance of the revised TOS.

2. Privacy Policy and Data Collection

By using the Sites or the Service on any platform or device, you represent that you have read and consent to our Privacy Policy, available at https://stirr.com/page/2/privacy-policy/ (which is incorporated herein by reference). You acknowledge and agree that your use of the Sites and the Service, including any search queries, content interactions, viewing history, and other inputs you submit, may be collected, processed, and shared with third-party analytics providers, advertising partners, measurement services, and other technology partners as described in the Privacy Policy. Such collection and sharing is part of the normal operation of the Service across all platforms to which you consent by using the Service. STIRR may revise the Privacy Policy at any time. Updated versions will be available on the Sites. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Sites and/or Service on all platforms.

3. STIRR Accounts

In order to access some features of the Sites and Service, you may need to create a STIRR account. You agree that:

You will provide accurate, current, and complete information when creating your account
You will not use another person's STIRR account without permission
You will keep your account password and credentials confidential and secure
You are solely responsible for all activity that occurs under your STIRR account, regardless of which device or platform is used to access it
You will notify STIRR immediately at support@stirr.com if you become aware of any breach of security or unauthorized use of your account

You are solely responsible for any Internet connection, data, and telecommunications fees or charges you incur when accessing the Service on any device or platform.

4. Eligibility

You represent that you are 18 years old or older and have the legal capacity to enter into a contract in the jurisdiction where you reside, or that you have the permission, consent, and agreement of your parent or authorized legal guardian where applicable. The Sites and Service are not directed to children under the age of 13. We do not knowingly collect personal information from children under 13. If we learn we have inadvertently collected such information, we will take steps to delete it promptly.

5. Termination of Service

STIRR reserves the right to deny service to any person at STIRR's sole and absolute discretion. STIRR may terminate any account and/or your access to the Sites and/or Service on any or all platforms at any time, for any reason or no reason, including without limitation for any violation of this TOS or our Privacy Policy, with or without notice. STIRR may stop offering and/or supporting the Sites and/or Service, or any feature or platform integration, at any time. Upon termination, your right to use the Sites and Service will immediately cease on all platforms and devices.

6. Unsolicited Idea Submissions

STIRR values your feedback but please do NOT submit any unsolicited creative ideas, suggestions, or materials to us. Neither STIRR nor any of its employees and/or subcontractors accept or consider unsolicited ideas, original creative artwork, or other works, including without limitation ideas or suggestions for new or improved business concepts or technologies, product enhancements, improvements to existing programs, marketing plans, or names for new content (collectively, "Unsolicited Ideas"). This policy is intended to avoid potential misunderstandings or disputes if STIRR products, Sites, or Services seem similar to Unsolicited Ideas that were submitted.

If you do submit Unsolicited Ideas to STIRR notwithstanding this policy, you acknowledge and agree that: (a) your submission is non-confidential and non-proprietary; (b) STIRR has no obligation to review, consider, return, or compensate you; and (c) from the time of submission, you grant STIRR and its designees a worldwide, perpetual, irrevocable, sublicensable, transferable, assignable, and royalty-free right to use, reproduce, distribute, create derivative works of, publicly perform, publicly display, make, sell, and import your Unsolicited Ideas for any purpose whatsoever, commercial or otherwise, without compensation or attribution to you. You also waive any claim that any use by STIRR of your Unsolicited Ideas violates any of your rights, including moral rights, privacy rights, rights of publicity, proprietary rights, or rights to credit.

7. Restrictions and Conditions of Use

7.1 Permitted Use

STIRR authorizes you to view and use the Sites solely for your personal, non-commercial use across authorized platforms and devices. This authorization is not a transfer of title in the Sites, any information, or any copies thereof, or in any text, graphics, logos, images, videos, data compilations, software, or other materials on or related to the Sites ("Materials"). You may not: (a) remove or modify any copyright, trademark, logo, or other proprietary notices affixed to any Materials; (b) modify any Materials in any way, or reproduce, publicly display, distribute, or otherwise use the Materials for any public or commercial purpose; or (c) license, create derivative works from, transfer, sell, or re-sell any information, Materials, or Services obtained from the Sites.

7.2 No Violation of Laws

You agree that you will not, in connection with your use of the Sites or the Service on any platform, violate any applicable law or regulation, including without limitation any law relating to privacy, data protection, wiretapping, electronic surveillance, intellectual property, or consumer protection.

7.3 Prohibited Conduct

You may not access or use the Sites and/or Service in any way not expressly permitted by this TOS. Without limiting the foregoing, you agree that you will not:

Institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon the Sites and/or Service, or otherwise attempt to disrupt the Sites and/or Service or any other person's use thereof
Attempt to gain unauthorized access to the Sites, Service, accounts registered to other users, or any computer systems or networks connected to the Sites and/or Service
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 Sites or Service, 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 Sites or Service, 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 Service. You acknowledge and agree that any information you voluntarily submit to the Sites or Service 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
Use any type of bot, spider, virus, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb, or any other codes, instructions, malware, or third-party software designed to provide a means of surreptitious or unauthorized access to, or to distort, delete, damage, or disassemble the Sites or the Service
Transmit, distribute, or store information that is defamatory, harmful, abusive, obscene, hateful, or otherwise objectionable
Perform any unsolicited commercial communication not permitted by applicable law
Constitute harassment or a violation of privacy, or threaten other people or groups of people
Make any false, misleading, or deceptive statement or representation regarding STIRR and/or the Service
Constitute phishing, pharming, or impersonation of any person, or steal or assume any person's identity
Generate artificial, automated, or fraudulent views of pages or videos, or fraudulent clicks on advertisements or offers
Obtain or attempt to obtain any information from the Service, including email information of other account holders, without authorization

7.4 No Commercial Uses

You agree that you will not use the Sites or the Service for any commercial purpose or for the benefit of any third party, or charge any person or receive any compensation for the use of the Sites or Service, without STIRR's prior written consent.

7.5 Platform and Device Compliance

When accessing the Service through any third-party platform, app store, or device — including Roku, Apple TV, Amazon Fire TV, Google TV, Samsung Smart TV, the Apple App Store, the Google Play Store, or any other distribution platform — you agree to comply with all applicable terms and policies of that platform in addition to this TOS. Your use of platform-specific features is also subject to the terms of the relevant platform operator as set forth in Section 12 of this TOS.

8. Promotions, Sweepstakes, and Contests

We may from time to time provide certain promotional opportunities, sweepstakes, and/or contests to users of the Sites. Such promotions may be subject to additional official rules that will be provided at that time. All promotions will be run at our sole discretion and can be activated, modified, or removed at any time without advance notification. Our liability, and the liability of any of our partners, pursuant to such promotions will be limited as set forth in Section 10 of this TOS.

9. Third-Party Links, Integrations, and Social Networks

9.1 Third-Party Links

The Sites may contain links to websites, apps, and content platforms operated by other parties (for example: Google, YouTube, Instagram, Amazon, Apple, Roku, Facebook, and others). STIRR provides these links as a convenience and does not endorse, control, or assume responsibility for any third-party content, websites, products, or services. Use of linked third-party sites and platforms is at your own risk. STIRR disclaims all liability with regard to your access to and use of any third-party linked sites, apps, and platforms.

9.2 Links to the Sites

Unless otherwise set forth in a written agreement between you and STIRR, any link to our Sites must: (i) not damage or dilute the goodwill associated with STIRR's names and trademarks; (ii) not create the false appearance that you or your organization is sponsored by, affiliated with, or associated with STIRR; (iii) display the Sites on full-screen and not within a frame on the linking site; and (iv) comply with any additional requirements STIRR may establish. STIRR reserves the right to revoke its consent to any link at any time at its sole discretion.

9.3 Social Networks

The Service may include features that operate in conjunction with third-party social networking sites or apps, including features that allow you to log into your account on the Sites using social credentials ("Social Network Features"). While your use of Social Network Features is governed by this TOS, your access and use of third-party social networking sites is governed by those sites' own terms and policies. You agree that you alone are responsible for your use of any Social Network Features and that STIRR will not be liable to you or anyone else for any violation or breach of any third-party terms resulting from your use of such features.

10. Intellectual Property

10.1 Trademarks

STIRR and related marks and logos are trademarks and/or service marks of Thinking Media, Inc. Unauthorized use of any Thinking Media, Inc. trademark, service mark, or logo is prohibited and constitutes a violation of applicable federal, state, and international trademark laws.

10.2 Copyright

The Sites, the Service, and all content made available through the Sites and the Service — including on all supported platforms and devices — are protected by U.S. and international copyright law. Except as authorized in this TOS, you may not use, modify, reproduce, or distribute any content, or the design or layout of the Sites or Service, or individual sections thereof, without STIRR's express prior written permission.

10.3 User Postings and Submitted Content

The Sites may provide users with the ability to post feedback, fan art, messages, or testimonials ("Postings"). STIRR is under no obligation to review any Postings and assumes no responsibility or liability relating to any Postings. STIRR may monitor and remove Postings at its sole discretion. By submitting Postings, you grant other users permission to access, use, reproduce, distribute, publicly display, and prepare derivative works of your Postings. We do not guarantee any confidentiality with respect to any Postings you submit.

STIRR does not claim ownership of your Postings. However, by submitting Postings you grant STIRR a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive license to use, copy, distribute, publicly perform, display, modify, create derivative works of, and sublicense such Postings in connection with operating and improving the Service across all platforms. You represent and warrant that you have the full right to grant this license and that your Postings do not infringe any third-party rights. You also grant us the right, but not the obligation, to use your name, likeness, and identity in connection with your Postings. You voluntarily waive all so-called "moral rights" or similar rights in your Postings.

10.4 DMCA Copyright Claims and Agent

STIRR respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (17 U.S.C. § 512). If you believe your copyrighted work has been infringed on our Sites or Service, please send the following information to our designated Copyright Agent:

Your name, address, telephone number, and email address
A description of the copyrighted work you claim has been infringed
A description of where the allegedly infringing material is located on the Sites or Service
A statement that you have a good faith belief that the disputed use is not authorized by you, 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

STIRR may, in appropriate circumstances, terminate the accounts of users who are repeat infringers.

10.5 DMCA Counter-Notice

If you believe that your Posting that was removed or disabled is not infringing, or that you have authorization from the copyright owner to post and use the content, you may send a counter-notice to our Copyright Agent at support@stirr.com containing:

Your physical or electronic signature
Identification of the material that has been removed or disabled and the location where it appeared before removal
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification
Your name, address, email, and telephone number, and a statement that you consent to the exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware, and that you will accept service of process from the person who provided the original notification

Upon receipt of a valid counter-notice, STIRR will notify the complaining party and, unless that party files a court action within 10 to 14 business days, will restore the removed material.

11. Geographic Scope and Export Compliance

The Sites and the Service are owned and operated by STIRR in the United States. The Sites and Service are intended for access and use by residents of the United States. If you are a resident of, or access the Sites from, a jurisdiction outside the United States, you do so at your own risk and are responsible for compliance with all applicable local laws. We make no representation that the Sites or Service content is appropriate or legally available for use in other locations. You may not use or export any of the Sites content in violation of United States export laws and regulations.

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

12. Platform-Specific Terms

The Service is available across multiple platforms and devices. The following additional terms apply when you access the Service through specific platforms. In the event of a conflict between this TOS 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.

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

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

This TOS is entered into between you and STIRR only. Apple is not a party to this TOS, except as a third-party beneficiary as set forth below.
Your use of the Service 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 Service and the content thereof.
Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Service.
To the maximum extent permitted by applicable law, Apple will have no warranty obligation with respect to the Service.
STIRR, and not Apple, is responsible for addressing any claims you have relating to the Service, including: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
If the Service infringes 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 this TOS and that Apple will have the right to enforce this TOS against you as a third-party beneficiary thereof.
When using the Service on Apple platforms, you agree to comply with any and all applicable third-party terms.

12.2 Android and Google Play

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

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

12.3 Roku

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

This TOS is entered into between you and STIRR only. Roku, Inc. is not a party to this TOS.
Your use of the Service on Roku is also subject to Roku's applicable terms of service and privacy policy.
STIRR, and not Roku, is responsible for the Service and content thereof.

12.4 Amazon Fire TV

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

This TOS is entered into between you and STIRR only. Amazon.com, Inc. is not a party to this TOS.
Your use of the Service 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 Service and content thereof.

12.5 Google TV and Android TV

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

This TOS is entered into between you and STIRR only. Google LLC is not a party to this TOS.
Your use of the Service 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 Service and content thereof.

12.6 Samsung Smart TV

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

This TOS is entered into between you and STIRR only. Samsung Electronics Co., Ltd. is not a party to this TOS.
Your use of the Service 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 Service and content thereof.

12.7 Other Platforms and Future Devices

If you access or use the Service through any other current or future platform, app store, connected television device, streaming device, or distribution channel not specifically listed above, this TOS applies to your use of the Service on that platform. STIRR, and not the applicable platform operator, is responsible for the Service and content thereof. Your use of the Service on such platforms is also subject to the applicable terms of the relevant platform operator. Any reference to a specific platform in this TOS shall apply by analogy to any similar current or future platform or distribution channel through which the Service is made available.

13. Advertising

The Service is supported by advertising revenue. By using the Service on any platform or device, you agree that STIRR and its advertising partners may deliver advertisements to you, including targeted advertisements based on information about your use of the Service, 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.

14. Children's Privacy

The Sites and Service do not knowingly collect information from children under 13 or allow them to create an account or access account features on any platform. The Children's Online Privacy Protection Act (COPPA) of 1998 provides safeguards to protect children who use the Internet. To ensure compliance, STIRR does not knowingly collect or maintain information provided by children under the age of 13 unless expressly authorized by a parent or legal guardian. If we learn that we have inadvertently collected personal information from a child under the age of 13, we will make all reasonable efforts to delete that data from our records promptly.

15. Disclaimer of Warranties

THE SITES AND SERVICE, ON ALL PLATFORMS AND DEVICES, 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.

STIRR MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SITES OR THE SERVICE ON ANY PLATFORM OR DEVICE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITES AND/OR THE SERVICE IS AT YOUR SOLE RISK. STIRR DOES NOT WARRANT THAT THE SITES OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE SITES OR SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT ANY PARTICULAR PLATFORM INTEGRATION OR FEATURE WILL REMAIN AVAILABLE.

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

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, STIRR, ITS AFFILIATES, LICENSORS, PLATFORM PARTNERS, AND BUSINESS PARTNERS (COLLECTIVELY, THE "STIRR PARTIES") DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, 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 SITES AND/OR SERVICE ON ANY PLATFORM OR DEVICE, EVEN IF THE STIRR PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, IN NO CASE WILL THE TOTAL LIABILITY OF THE STIRR PARTIES EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO STIRR IN THE SIX (6) MONTHS PRIOR TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00).

STIRR WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, LIABILITY, EXPENSES, OR DAMAGES INCURRED IN CONNECTION WITH THE SITES AND/OR SERVICE TO THE EXTENT CAUSED BY OR RESULTING FROM: (A) YOUR ACTS, DEFAULTS, OR OMISSIONS; (B) YOUR VIOLATION OF ANY TERM, CONDITION, REPRESENTATION, OR WARRANTY IN THIS TOS; OR (C) ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING PLATFORM OPERATORS AND THIRD PARTIES CONTRACTED BY STIRR.

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 the STIRR Parties shall be limited to the fullest extent permitted by law.

17. 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 Sites and/or Service on any platform or device; (b) your violation of this TOS or any applicable law or regulation; (c) your violation of any right of a third party, including any intellectual property right, privacy right, or publicity right; (d) any Postings or other content you submit to the Sites; or (e) any dispute between you and any third party. We reserve the right, at your expense, to assume exclusive control of the defense of any matter subject to indemnification. You agree to cooperate with our defense of such claims.

18. Governing Law and Exclusive Jurisdiction

This TOS and any dispute or claim arising out of or relating to this TOS, the Privacy Policy, or the Service 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 this TOS, the Privacy Policy, or the Service, 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 Sites, the Service, or this TOS 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.

19. Electronic Communications

By using the Service 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.

20. Additional Terms

20.1 TOS Revisions

This TOS may be revised by STIRR at any time by publishing the revised version on the Sites. The date of last revision is shown at the top of this page. Your continued use of the Service on any platform after any revision constitutes your acceptance of the revised TOS.

20.2 No Partnership

Nothing in this TOS shall be construed to create a partnership, joint venture, agency, franchise, or employment relationship between you and STIRR. You have no authority to make or accept any offers or representations on STIRR's behalf.

20.3 Assignment

STIRR may assign this TOS, in whole or in part, to any person or entity at any time with or without your consent, including in connection with a merger, acquisition, or sale of assets. You may not assign this TOS without STIRR's prior written consent, and any unauthorized assignment by you is null and void.

20.4 Severability

If any part of this TOS is determined to be invalid or unenforceable under applicable law, that portion will be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, will be severed from this TOS. The remaining provisions will continue in full force and effect. The parties intend that if any court finds the tester conduct waiver in Section 7.3 unenforceable as applied to statutory claims, the court shall nevertheless enforce all other provisions of Section 7.3 and this TOS to the maximum extent permitted by law.

20.5 Attorneys' Fees

In the event any litigation is brought by either party in connection with this TOS, if STIRR is the prevailing party, STIRR will be entitled to recover from the other party all reasonable costs, attorneys' fees, and other expenses incurred by STIRR in connection with such litigation.

20.6 No Waiver

Our failure to enforce any provision of this TOS will in no way be construed to be a present or future waiver of such provision, nor in any way affect STIRR's right to enforce each and every such provision thereafter. Any waiver by STIRR of any provision, condition, or requirement of this TOS will not constitute a waiver of any future obligation to comply with such provision, condition, or requirement.

20.7 Notices

All notices to STIRR under this TOS 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 Sites, or via the platform through which you access the Service.

20.8 Equitable Remedies

You agree that STIRR would be irreparably damaged if the terms of this TOS were not specifically enforced, and therefore you agree that STIRR will be entitled, without bond, other security, or proof of damages, to seek appropriate equitable remedies with respect to breaches of this TOS in any court of competent jurisdiction, in addition to such other remedies as STIRR may have under applicable law.

20.9 Controlling Language

In the event of any conflict between the English language version of this TOS and any translation thereof (including without limitation, Spanish), the English language version will be controlling in all respects.

20.10 Entire Agreement

This TOS, including the Privacy Policy and any other documents expressly incorporated by reference, constitutes the entire agreement between you and STIRR with respect to the Sites and/or Service and supersedes all prior or contemporaneous communications, whether electronic, oral, or written, between you and STIRR with respect to the Sites and/or Service.

21. Contact Us

If you have questions, concerns, or feedback regarding this TOS or the Service on any platform, please contact us at:

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

ATTN: Legal Department

Email: support@stirr.com

These Terms of Service are effective as of January 2025 and apply to all users of the STIRR Service 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/2/terms-of-service/