Last Updated: October 4, 2023
IMPORTANT NOTICE: THESE TERMS OF USE ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW.Welcome to our website and software! This website (referred to as the "Website") and the software (referred to as the "Software") are owned by MyStreamingGuide. By using or accessing this Website or the Software, collectively referred to as the "Services," you agree to the following Terms of Use ("Terms").
Please read these Terms carefully. If you are under 18, you must use the Services under the supervision of a parent or guardian. Our Services are not intended for individuals under the age of 18. These Terms constitute a legal contract between you and MyStreamingGuide. If you do not agree with these Terms, please do not use the Website or the Services. MyStreamingGuide reserves the right to modify, add, or delete portions of these Terms at any time. Your continued use of the Services after any changes have been made constitutes your acceptance of the modified Terms, which will become effective when posted on this website.
Before using the Services, please review our Privacy Policy, which governs the collection and use of your information in connection with the Services. Your use of the Services implies your consent to collecting and using your information as outlined in our Privacy Policy.
We retain the right to enhance, modify, or remove features and functionality of the Services at any time, as well as update the way our Services are delivered. Any future updates or changes to the Services will be subject to these Terms unless we post an updated set of Terms. Additionally, we may suspend or terminate the Services without notice and for any reason.
By accessing this website, you agree to comply with these Terms and any other policies or requirements posted on the website. You also agree to adhere to all applicable laws, rules, and regulations when using the Services, and you may not engage in fraudulent or abusive behavior that harms or harasses others.
Engaging in any activities that violate the security of the Services is strictly prohibited and may lead to criminal and civil liability. We may investigate such violations and cooperate with law enforcement if illegal activity is suspected. While we are not obligated to monitor your use of the Services, we reserve the right to do so to improve and operate the Services, ensure compliance with the Terms, and comply with applicable laws or legal requirements.
You acknowledge that this website contains content protected by copyrights, trademarks, service marks, patents, trade dress, moral rights, and other proprietary rights, valid and protected in all forms, media, and technologies.
Unless specifically requested, MyStreamingGuide does not wish to receive confidential, proprietary, or trade secret information from you through the website or contact email. By submitting information or creative works, you grant MyStreamingGuide a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, fully transferable, assignable, and sublicensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works, and distribute the material in any media now known or developed, including for commercial purposes.
- Third-Party Links and Services
The Website and Software may include links to third-party websites, offers, events, and promotions not owned or controlled by MyStreamingGuide ("Linked Sites"). We do not endorse or control Linked Sites and make no warranties or representations about their content or actions. When you access Linked Sites, you are subject to their terms of use and privacy policies, so please read and agree to those terms and policies.
MyStreamingGuide allows you to search for and learn about your favorite shows and movies through the software. Using the software, you agree that MyStreamingGuide may send you third-party content. We do not endorse such content and have no affiliation with it. To stop receiving third-party content, you must uninstall the software.
You can uninstall the software at any time. Visit the Uninstall page on the website and follow the provided instructions. If you have questions or need assistance, please email .
MyStreamingGuide respects intellectual property rights. If you believe any content on our Website or Software infringes your copyright or other proprietary rights, don't hesitate to contact us at by our Copyright Policy.
You agree to indemnify and hold MyStreamingGuide and its corporate family members (including parents, subsidiaries, and affiliates), as well as their agents, partners, employees, and contractors, harmless from any claims, damages, losses, costs, fines, penalties, settlements, expenses, payments, or other liabilities, including attorney's fees and legal expenses, resulting from your use of the Services, violation of these Terms, or infringement of any law or third-party rights related to your use of the website.
- Disclaimer of Representations and Warranties
MyStreamingGuide makes no representations regarding the completeness, accuracy, or currency of the information on this Website or Software. Your use of the Services is at your own risk. The content and information provided on this website are "as is" and "as available," without any warranties, whether express or implied, including but not limited to merchantability, fitness for a particular purpose, privacy, or non-infringement. MyStreamingGuide does not guarantee uninterrupted or error-free Services and does not warrant that the website or server is free of viruses or harmful components. Some jurisdictions may not allow the exclusion of implied warranties, so some of these exclusions may not apply to you.
MyStreamingGuide and its officers, directors, agents, employees, representatives, affiliates, parents, subsidiaries, sublicensees, successors, assigns, independent contractors, and parties (collectively, the "MyStreamingGuide Entities") shall not be liable for any consequential, indirect, incidental, punitive, exemplary, or special damages arising from or in connection with these Terms, the use or inability to use the Website, Services, or content, breach of security, or any content, information, products, or services obtained through the Services. This includes but is not limited to loss of revenue or profits, loss of use, loss of data, or business interruption. This limitation applies regardless of whether the claim is based on contract, tort, strict liability, regulation, common law, or any other legal theory, even if the MyStreamingGuide Entities were advised of the possibility of damages or if such injuries result from the negligence or gross negligence of any MyStreamingGuide Entity. The aggregate liability of the MyStreamingGuide Entities shall not exceed one hundred US dollars (US $100.00) unless otherwise required by applicable law. Some jurisdictions do not permit the limitation of liability in contracts, so this section may not apply to you.
- Arbitration and Class Action Waiver
Please carefully read this section, as it affects your legal rights, including the right to file a lawsuit in court.You and MyStreamingGuide agree that these Terms affect interstate commerce and are governed by the Federal Arbitration Act. This section broadly covers all disputes between you and MyStreamingGuide, including those related to any aspect of our relationship, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory. This includes claims arising before or after these Terms were agreed upon. The only excluded disputes are intellectual property claims, and small claims court claims, as specified below.
By accepting these Terms, you agree to resolve any disputes with MyStreamingGuide as follows:
Initial Dispute Resolution: We both agree to make reasonable faith efforts to resolve any disputes, claims, questions, or disagreements through direct consultation and negotiation with MyStreamingGuide within thirty (30) days from initiating informal dispute resolution as specified in the Initial Dispute Resolution provision above. Unless it's an intellectual property or small claims court claim, this negotiation is a condition before either party can initiate a lawsuit or arbitration.
Binding Arbitration: If an agreed-upon solution is not reached within thirty (30) days of initiating informal dispute resolution, either party may initiate binding arbitration as the exclusive means to resolve claims, subject to the terms below. The arbitrator, not any court or agency, shall have sole authority to resolve disputes related to the interpretation, applicability, enforceability, or formation of these Terms or the Privacy Policy. The arbitrator's award shall be binding and may be entered as a judgment in a court of competent jurisdiction. To begin an arbitration, you must:
- write a Demand for Arbitration, including a description of the claim and damages sought (you can find a Demand for Arbitration at www.jamsadr.com);
- send three copies of the Demand for Arbitration, along with the appropriate filing fee, to JAMS, 620 Eighth Ave. NY Times Building 34th Floor New York, NY 10018 USA; and
- email a copy of the Demand for Arbitration to us at .
You understand that, without this mandatory arbitration provision, you would have the right to sue in court and have a jury trial. You also acknowledge that in some cases, arbitration costs may exceed litigation costs, and the right to discovery may be limited compared to court proceedings.
Class Action Waiver: Both parties agree that arbitration shall be conducted in their capacities, not as a class or representative action. You expressly waive your right to file or participate in a class action or seek relief on a class basis. If a court or arbitrator determines that this class action waiver is unenforceable or void or that arbitration can proceed on a class basis, the arbitration provisions will be null and void, and the parties will not be bound by arbitration.
30-Day Right to Opt-Out: You can opt out of the arbitration and class action waiver provisions by sending written notice of your decision to opt-out to , with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." You must send this notice within thirty (30) days of agreeing to these Terms; otherwise, you will be bound to arbitrate disputes as specified in these paragraphs. If you opt-out, MyStreamingGuide will also not be bound by these provisions.
Changes to This Section: MyStreamingGuide will provide thirty (30) days notice of any changes to this section by posting on the Services, sending you a message, or notifying you in another reasonable manner. Amendments will become effective thirty (30) days after posting on the Services or sending to you. Changes will only apply prospectively to claims arising after the thirtieth (30th) day. If a court or arbitrator determines that the "Changes to This Section" subsection is unenforceable or invalid, it will be severed from the "Arbitration and Class Action Waiver" section, and the first Arbitration and Class Action Waiver section existing when you began using the Services will apply.
Survival: This Arbitration and Class Action Waiver section remains in effect even after the termination of the Services.
These Terms and the relationship between you and MyStreamingGuide are governed by the laws of the State of California without regard to its conflict of law provisions. Any claims or disputes not subject to arbitration must be resolved in a court in Los Angeles County, California. Both parties consent to the personal jurisdiction of federal and state courts within Los Angeles County, California, for litigating such claims or disputes.
Any claim or dispute arising from these Terms, the Website, or the Services must commence within one (1) year after the cause of action accrues. Otherwise, it is permanently barred. This limitation may not apply in certain jurisdictions.
These Terms constitute the entire agreement between you and MyStreamingGuide regarding the Services, superseding any prior oral or written agreements. Some sections of these Terms survive the termination of your account or any aspect of the Services. MyStreamingGuide failing to enforce any part of these Terms does not constitute a waiver. Any amendments or waivers must be written and signed by MyStreamingGuide. If any provision of these Terms is found invalid or unenforceable by a court with competent jurisdiction, it shall be severed, and the remaining provisions will remain valid and enforceable to the fullest extent permitted by law. MyStreamingGuide may assign its rights and obligations under these Terms freely. Nothing in these Terms prevents MyStreamingGuide from complying with the law.
If you have any questions about these Terms, don't hesitate to contact us at .