Stills LLC Website Terms of Use

Overview

Welcome to the website of Stills, LLC, a Texas limited liability company (“Stills,” “we” or “our” or “us”). The Stills website provides the user (“you” or “user”) with licensing options for the use of certain rights in and to audio/video recordings (“Works”) from a curated catalog of content suppliers. Please read the Website Terms of Use (“Terms of Use”) carefully prior to using the Stills website.

THESE TERMS OF USE CONTAIN LIMITATIONS ON LIABILITY AS DESCRIBED IN SECTION 10 AND ARBITRATION REQUIREMENTS FOR UNRESOLVED DISPUTES, AND CLASS ACTION WAIVER AS DESCRIBED BELOW IN SECTION 15.

Acceptance of Terms of Use.
1. These Terms of Use, which include and incorporate by reference our Privacy and Cookie Policy, License Agreement and all other operating rules, policies, and agreements we may publish from time to time on the Stills website (“Additional Terms”), govern your use of Stills services as a guest or user. The Terms of Use form a legal agreement between you and Stills in relation to your use of the Stills website. By using the Stills website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the Stills website.
2. As used in these Terms of Use, “Content” includes the text, software, scripts, graphics, photos, videos, audiovisual combinations, interactive features, and other materials you may view on, access through, or contribute to the Service. The “Service” includes all aspects of Stills, including, but not limited to, all products, software, and services offered via the Stills website, and all features and functionalities, website, and user interfaces.
3. The Service may contain links to third-party websites that are not endorsed, owned, or controlled by Stills. Stills does not monitor or review the content of any third-party websites. Stills has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Stills will not and cannot censor or edit the content of any third-party website. By using the Service, you expressly release Stills from any and all liability arising from your use of any third-party website. You should evaluate the security and trustworthiness of any other website connected to the Stills website or accessed through this site yourself before disclosing any personal information to them.
Changes to Terms of Use.
Stills may, from time to time and in its sole discretion, amend, modify, or revise these Terms of Use, including the Privacy and Cookie Policy, License Agreement, and Additional Terms, and you agree to be bound by such amendments, modifications, or revisions. Such amendments, modifications, or revisions shall be effective immediately and apply to your use from that date on, except that material changes will be effective 30 days after posting. If the modifications are material, Stills will make reasonable efforts to post a prominent notice on the website and notify users via email. Your continued use of the Stills website after changes are effective indicates that you have read, understood, and agreed to the changes in the Terms of Use.
Privacy
Personally identifying information is subject to our Privacy and Cookie Policy, the terms of which are incorporated herein as if fully set forth herein. Please review our Privacy and Cookie Policy to understand our practices. Any changes to the Privacy and Cookie Policy will be posted on the website 30 days prior to these changes taking place.
Use of the Service.
Stills hereby grants you permission to access and use the Service as set forth in these Terms of Use, provided that:
- You must be 18 years of age, or the age of majority in your province, territory, or country, to use the Service. Individuals under the age of 18, or the applicable age of majority, may utilize the Service only with the permission of and in the presence of a parent or legal guardian, under such parent or legal guardian’s account and otherwise subject to these Terms of Use. As such, if you transact or attempt to transact any business with Stills or submit, or attempt to submit, any personal information to Stills, YOU AFFIRMATIVELY REPRESENT AND WARRANT THAT YOU ARE AT LEAST 13 YEARS OF AGE (AND, IF UNDER THE AGE OF 18, THAT YOU HAVE PARENTAL PERMISSION TO USE THE STILLS SERVICE AND ARE IN THE PRESENCE OF YOUR PARENT OR LEGAL GUARDIAN) AND THAT YOU POSSESS THE LEGAL RIGHT TO USE THE STILLS SERVICE IN ACCORDANCE WITH THESE TERMS OF USE AND ALL OTHER TERMS AND CONDITIONS.
- The Service is not intended for and may not be used by any person, firm, or entity engaged in the development, training, or operation of generative artificial intelligence systems, models, or technologies, including those that generate or manipulate music, audio, text, images, video, or other content. In addition to these Terms of Use, the License Agreement strictly prohibits use of our Content, directly or indirectly, for any purpose related to training, fine-tuning, evaluating, outputting, or otherwise operating a generative AI system. Entities engaged in such activities are expressly prohibited from accessing or licensing any Content from this Service. Any such use shall be deemed a material breach of these Terms of Use.
- The Service and any Content accessible through our Service are for your use only. For each license purchase, we grant you a limited, non-exclusive, non-transferable license, in accordance with License Agreement , to access the Service and use Content through the Service. Except for the foregoing limited license, no right, title, or interest shall be transferred to you.
- Some, if not most, of the Content found on the Service is provided by third-party providers, and not Stills. Each third-party provider is solely responsible for its Content and for compliance with applicable laws related thereto.
- You may view Stills Content through the Stills Service only in geographic locations where we offer our Service and have licensed such Stills Content. The Content that may be available for viewing or listening may vary by geographic location. Stills will use technologies to verify your geographic location.
- You agree not to access Content through any technology or means other than the video playback pages of the Service itself or other explicitly authorized means Stills may designate.
- We continually update the Service, including the Content library. In addition, we continually test various aspects of our Service, including our website, user interfaces, service levels, plans, promotional features, availability of Stills Content, delivery, and pricing. We reserve the right to, and by using our Service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our Service.
- You agree to use the Service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules, and regulations, or other restrictions on use of the Service or Content therein. Except as explicitly authorized in these Terms of Use, you agree not to archive, download (other than through browser caching necessary for accessing the Service), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the Service without express written permission from Stills. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Service; use any robot, spider, scraper, or other automated means to access the Service; decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Service; insert any code or product or manipulate the Content of the Service in any way; or, use any data mining, data gathering, or extraction method. In addition, you agree not to upload, post, email, or otherwise send or transmit any material designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Service, including any software viruses or any other computer code, files, or programs.
- The availability of Content to view will change from time to time and from location to location. The quality of the display of the Content may vary from device to device, and may be affected by a variety of factors, such as your location and the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. Stills makes no representations or warranties about the quality of your watching experience on your visual devices or equipment. The time it takes to begin watching Content will vary based on a number of factors, including your location, available bandwidth at the time, the Content you have selected, and the configuration of your viewing device.
- We may terminate or restrict your use of our Service, without compensation or notice, if you are, or if we suspect that you are, (A) in violation of any of these Terms of Use or (B) engaged in illegal or improper use of the Service. We may also pursue permanent injunctive relief and other applicable legal remedies.
- The Content on the Service, and the trademarks, service marks, and logos on the Service, are owned by or licensed to Stills, subject to copyright and other intellectual property rights under the law.
- You agree not to circumvent, disable, or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
- Stills reserves the right to discontinue any aspect of the Service at any time.
- You agree that you will log each use of a Works in your user account. Logging a use creates an individual license agreement. Without an individual license agreement, the use is invalid.
Payment.
Visa, MasterCard, Discover, American Express, and PayPal, are all valid, acceptable forms of payment (“Payment Method”). All monies shall be paid in full prior to receipt of your license(s). For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details. Payment processing services are provided by Braintree and are subject to the Braintree Marketplace Service Agreement, which includes the Braintree Terms of Service (collectively, the “Braintree Services Agreement”). By agreeing to these Terms of Use or continuing to use the Services, you agree to be bound by the Braintree Services Agreement, as the same may be modified by Braintree from time to time. As a condition of Stills enabling payment processing services through Braintree, you agree to provide Stills accurate and complete information about you and/or your business, and you authorize Stills to share it and transaction information related to your use of the payment processing services provided by Braintree.
License Cancellation Policy.
Stills has a 14-day cancellation policy on all single-use licenses. The license shall not be cancelled if the Works have already been used in a film or project. You must submit a request for a refund via email or telephone within 14 days of your original license purchase date.
User Account Termination Policy.
Notwithstanding anything herein to the contrary, you agree that Stills, in its sole and absolute discretion, may deactivate your user account or otherwise terminate your use of the Service if we believe that you have (a) breached these Terms of Use, (b) infringed the intellectual property rights of a third party, (c) submitted, posted, uploaded, or transmitted unauthorized Content, or (d) violated or acted inconsistently with these Terms of Use, our Privacy and Cookie Policy, our License Agreement, or Additional Terms. You agree that any deactivation or termination of your access to the Service for the foregoing reasons may be effected without prior notice to you and without compensation, and that Stills will not be liable to you nor any third party for any termination of your user information. IN THE EVENT OF ACCOUNT DEACTIVATION BASED ON (I) A FRAUDULENT PURCHASE OR (II) MISUSE AS OUTLINED IN PARAGRAPH 3 OF STILLS’S LICENSE AGREEMENT THAT THE USER FAILS TO REMEDY, THE LICENSE (OR LICENSES) AT ISSUE SHALL BE TERMINATED AND THE USER MAY BE SUBJECT TO CLAIMS OF COPYRIGHT INFRINGEMENT. THERE IS NO REFUND FOR TERMINATED LICENSES. You acknowledge and agree that Stills may retain and store your information on Stills’s systems for archival purposes, and may continue to maintain and use any of your Content submitted to Stills or on the Service, notwithstanding any termination of your account.
Digital Millennium Copyright Act.
Please review our Digital Millennium Copyright Act (DMCA) provision regarding Stills’ rights under DMCA included in our License Agreement and available at https://www.Stills.com/license-terms is incorporated herein by reference with the same force and effect as if fully set forth herein.
DMCA Takedown Notice Procedure.
Stills abides by the DMCA by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. If you believe that you or someone else’s copyright has been infringed on the Service, you (or the owner or rights holder, collectively, “Rights Holder”) should send notification to our designated agent immediately. The following notice requirements are intended to comply with Stills’s rights and obligations under the DMCA and, in particular, section 512(c), and do not constitute legal advice. Consult with an attorney prior to submitting your complaint. For your complaint to be valid under the DMCA, please provide the following information:
1. Identification of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.;
2. Identification to enable Stills to identify and locate the material that is allegedly infringing the Rights Holders’ work(s) (for example, file name or URL of the page(s) that contain(s) the material);
3. Contact information for the Rights Holder so that we can contact them (including the Rights Holder’s address, telephone number, and email address);
4. A statement that the Rights Holder has a good faith belief that the use of the material identified above in 2 is not authorized by the copyright owner, its agent, or the law;
5. A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and
6. The Rights Holder’s physical or electronic signature.
Notice may be sent:
By Mail: Attn: Stills Legal Dept. 9555 Harmon Road, Fort Worth, Texas 76177

By Email: legal@stills.com
Disclaimer of Warranties; Limitation of Liability.
1. Disclaimer of Warranties
  YOU AGREE THAT YOUR USE OF THE STILLS SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, STILLS, ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. STILLS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT, THE SERVICE, OR THE CONTENT OF ANY SITES LINKED TO THE STILLS WEBSITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. STILLS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SERVICE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND STILLS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
2. Limitation of Liability.
  1. IN NO EVENT SHALL STILLS, ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR EXPECTED REVENUE, LOST PROFITS, OR LOSS OF BUSINESS, FROM ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
  2. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT STILLS SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF YOU OR ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
  3. NOTWITHSTANDING THE FOREGOING, IN NO EVENT OR CIRCUMSTANCE SHALL STILLS’S CUMULATIVE LIABILITY TO YOU EXCEED THE AMOUNT PAID BY YOU TO STILLS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY.
3. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall remain in full force and effect.
Indemnity. To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Stills, and its, officers, managers, members, employees, attorneys, representatives, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Service; (b) your violation of any term of these Terms of Use; (c) your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (d) any claim that your Content caused damage to a third party.
Use of Information Submitted. Stills is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the Service, including the Stills website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement, or payment to you for any purpose whatsoever, including without limitation, developing, manufacturing, and marketing products and creating, modifying, or improving the Service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law. Please note Stills does not accept unsolicited materials or ideas for Content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Stills. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Stills regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
Monitoring and Enforcement.
Notwithstanding anything herein to the contrary, Stills has the right to:
1. remove or refuse to post any Content or Feedback for any or no reason in our sole and absolute discretion;
2. take any action with respect to any Content or Feedback that we deem necessary or appropriate in our sole and absolute discretion, including if we believe that such Content or Feedback violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public, or could create liability for Stills;
3. disclose your identity or other information about you to any third party who claims that any portion of your Content violates their rights, including their intellectual property rights or their right to privacy;
4. ake appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service or the Stills website; and
5. terminate or suspend your access to all or part of the Service or the Stills website for any violation of these Terms of Use. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service or the Stills website.
Customer Support.
To find more information about our Service and its features, or if you need assistance with your account, please contact Customer Support at support@stills.com . In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will control.
General Provisions.
1. Amendments; Waiver.
  Stills reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Service following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Stills’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. YOU AND STILLS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN TWO YEARS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
2. Entire Agreement.
  These Terms of Use, together with the Privacy and Cookie Policy, the License Agreement, Additional Terms, and any other legal notices published by Stills on the Service, shall constitute the entire agreement between you and Stills concerning the Service.
3. Communication Preferences.
  By using the Service, you consent to receiving electronic communications from Stills relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the Service or in your account, and will include notices about your account and are part of your relationship with Stills. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You are responsible for updating Stills regarding any changes to your email address provided during registration. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new Stills features and content, special offers, and promotional announcements via email or other methods. If you no longer want to receive certain non-transactional communications, go to the “Notification Preferences” link from your “Account Settings” (www.stills.com/login) and manage your preferences there. Please review our Privacy and Cookie Policy for further details on our marketing communications.
4. Assignment.
  These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by Stills without restriction. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits
5. Arbitration Agreement and Dispute Resolution
  Please read this Arbitration Agreement carefully. It is part of your contract with Stills and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
  1. Scope of Arbitration Agreement (“Arbitration Agreement”):
    You acknowledge and agree that any dispute or claim relating in any way to your access or use of the Website or to any other aspect of your relationship with Stills will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Stills may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose before this or any prior agreement. NOW OR IN THE FUTURE, THERE MAY BE LAWSUITS AGAINST STILLS ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS. SUCH CLAIMS, IF SUCCESSFUL, COULD RESULT IN SOME MONETARY RECOVERY TO YOU. THE EXISTENCE OF SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUITS DOES NOT MEAN THAT SUCH LAWSUITS WILL ULTIMATELY SUCCEED. BUT IF YOU AGREE TO ARBITRATION WITH STILLS, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF UNDER SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUITS. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST STILLS IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.
  2. Arbitration Rules and Forum:
    This Arbitration Agreement is governed by the Federal Arbitration Act in all respects. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the legal notices address provided herein. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at https://www.adr.org or by calling the AAA at 1-800-778-7879. Payment of all filing, administration, and arbitration fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $5,000 unless the arbitrator determines the claims are frivolous. Likewise, Stills will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum.
  3. Arbitrator Powers:
    The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Stills. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms of Use. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding on you and Stills.
  4. Waiver of Jury Trial:
    YOU AND STILLS EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and Stills are instead electing to have claims and disputes resolved by arbitration. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms of Use as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is limited. In any litigation between you and Stills over whether to vacate or enforce an arbitration award, you and Stills waive all rights to a jury trial, and elect instead to have a judge resolve the dispute.
  5. Waiver of Class or Consolidated Actions:
    ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Stills is entitled to arbitration. Instead, all claims and disputes will then be resolved in a court as set forth below.
6. Governing Law; Venue; Jurisdiction; Waiver:
  These Terms of Use shall be governed by and construed in accordance with the domestic laws of the State of Texas, U.S.A., without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than the State of Texas. You agree that the Service shall be deemed solely based in Texas, and the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Stills, either specific or general, in jurisdictions other than Texas. YOU CONSENT AND AGREE THAT ANY CAUSE OF ACTION BETWEEN YOU AND STILLS THAT ARISES IN WHOLE OR IN PART FROM THESE TERMS OF SERVICE SHALL BE DECIDED EXCLUSIVELY BY A STATE OR FEDERAL COURT OF COMPETENT JURISDICTION LOCATED IN TARRANT COUNTY, TEXAS. To the fullest extent permitted under applicable law, you irrevocably waive and agree not to assert, by way of motion, as a defense or otherwise, any claim that you are not subject to the jurisdiction of the above-referenced Texas courts and any objection that you may now or hereafter have to the laying of venue of any suit, action, or proceeding brought in any such court has been brought in an inconvenient forum. You also hereby unconditionally waive your right to a jury trial of any and all claims or causes of action arising from or relating to these Terms of Use.
7. Survival Clause:
  The Disclaimer of Warranties (Paragraph 10.a.), Limitation of Liability (Paragraph 10.b.), Severability (Paragraph 10.c.), Indemnity (Paragraph 11), and Governing Law; Venue; Jurisdiction; Waiver (Paragraph 15.e.) provisions shall survive the termination of your use of the Service, the deactivation or termination of your account, and the expiration or termination of your License Agreement(s).
8. Force Majeure:
  Except for the payment of license-related fees, each party will be excused from any failure or delay caused by or the result of causes beyond its reasonable control and could not have been avoided or corrected through the exercise of reasonable diligence, including, but not limited to, acts of God, fire, flood, earthquake, hurricane or other natural catastrophe, terrorist actions, laws, orders, regulations, directions or actions of governmental authorities having jurisdiction over the subject matter hereof, or any civil or military authority, national emergency, civil unrest, insurrection, riot or war, labor strikes not involving either party’s employees, general failure of telecommunication or digital transmission links, general failure of the Internet, failure of any third party operating systems, platforms, applications or networks not under reasonable control of Stills, or other similar occurrence.

Last Updated August 18, 2025