Spill is a messaging company. Our services—including Spill that link to this Privacy Policy—provide a fast and private way to send messages through iMessage! When you use these services, you’ll share some information with us. So we want to be upfront about the information we collect, how we use it, whom we share it with, and the controls we give you to access, update, and delete your information. That’s why we’ve written this Privacy Policy. And it’s why we’ve tried to write it in a way that’s blissfully free of the legalese that often clouds these documents. Of course, if you still have questions about anything in our Privacy Policy, just contact us at levibkline@gmail.com Information We Collect There are three basic categories of information we collect: Information you choose to give us. Information we get when you use our services. Information we get from third parties. Here’s a little more detail on each of these categories. Information You Choose to Give Us When you interact with our services, we collect the information that you choose to share with us. For example, most of our services may at one point require you to set up a basic Spill account, so we need to collect a few important details about you, such as: a unique username you’d like to go sign in with, a password, and an email address. To make it easier for others to find you, we may also ask you to provide us with some additional information that will be publicly visible on our services, such as profile pictures and a name. Of course, you’ll also provide us whatever information you send through our services, such as data related to Spill messages you send to your friends. Keep in mind that the users you send Spill and any other content may find ways to save your content. So, the same common sense that applies to the internet at large applies to Spillers as well: Don’t send messages or share content that you wouldn’t want someone to save or share. It probably goes without saying, but we’ll say it anyway: When you contact customer support or communicate with us in any other way, we’ll collect whatever information you volunteer. Information We Get When You Use Our Services When you use our services, we collect information about which of those services you’ve used and how you’ve used them. We might know, for instance, that you read a Spill, saw a specific ad for a certain period of time, and sent a few Spills to friends. Here’s a fuller explanation of the types of information we collect when you use our services: Usage Information. We collect information about your activity through our services. For example, we may collect information about: how you interact with our services, such as which Spills you open, screenshot, save, etc. how you communicate with other Spillers, such as their device identifiers, the time and date of your communications, the number of messages you exchange with your friends, which friends you exchange messages with the most, and your interactions with messages (such as when you save a message or screenshot one). Content Information. We collect content you create on our services and information about the content you create or provide, such as if the recipient has viewed the content and the metadata that is provided with the content. Device Information. We collect information from and about the devices you use. For example, we collect: information about your hardware and software, such as the hardware model, operating system version, device memory, advertising identifiers, unique application identifiers, apps installed, unique device identifiers, browser type, language, battery level, and time zone; information from device sensors, such as accelerometers, gyroscopes, compasses information about your wireless and mobile network connections, such as mobile phone number, service provider, and signal strength. Information Collected by Cookies and Other Technologies. Like most online services and mobile applications, we may use cookies and other technologies, such as web beacons, web storage, and unique advertising identifiers, to collect information about your activity, browser, and device. We may also use these technologies to collect information when you interact with services we offer through one of our partners, such as advertising and commerce features. Most web browsers are set to accept cookies by default. If you prefer, you can usually remove or reject browser cookies through the settings on your browser or device. Keep in mind, though, that removing or rejecting cookies could affect the availability and functionality of our services. Log Information. We also collect log information when you use our website. That information includes, among other things: details about how you’ve used our services. device information, such as your web browser type and language. access times. pages viewed. IP address. identifiers associated with cookies or other technologies that may uniquely identify your device or browser. pages you visited before or after navigating to our website. Information We Collect from Third Parties We may collect information that other users provide about you when they use our services. We may also obtain information from our affiliates and third parties. Here are a few examples: Advertisers may let us know you installed a new app or game so we can determine whether we showed you an ad for it. If you interact with one of our advertisers, they may share information with us to help target or measure the performance of ads. How We Use Information What do we do with the information we collect? The short answer is: Provide you with an amazing set of products and services that we relentlessly improve. Here are the ways we do that: develop, operate, improve, deliver, maintain, and protect our products and services. send you communications, including by email. For example, we may use email to respond to support inquiries or to share information about our products, services, and promotional offers that we think may interest you. monitor and analyze trends and usage. personalize our services by, among other things, suggesting friends or profile information, or customizing the content we show you, including ads. provide and improve ad targeting and measurement enhance the safety and security of our products and services. verify your identity and prevent fraud or other unauthorized or illegal activity. use information we’ve collected from cookies and other technology to enhance our services and your experience with them. enforce our Terms of Service and other usage policies. How We Share Information We may share information about you in the following ways: With other Spillers. We may share the following information with other Spillers: any information you have directed us to share. content you send. How widely your content is shared depends on your personal settings and the type of service you are using. For example, a Spill may be sent to just a single friend you select, but in the future when group Spill are available, numerous recipients can receive Spills. With all Spillers, our business partners, and the general public. We may share the following information with all Spillers as well as with our business partners and the general public: public information like your number of messages sent. With third parties. We may share your information with the following third parties: With service providers. We may share information about you with service providers who perform services on our behalf. With business partners. We may share information about you with business partners that provide services and functionality. With third parties for legal reasons. We may share information about you if we reasonably believe that disclosing the information is needed to: comply with any valid legal process, governmental request, or applicable law, rule, or regulation. investigate, remedy, or enforce potential Terms of Service violations. protect the rights, property, and safety of us, our users, or others. detect and resolve any fraud or security concerns. With third parties as part of a merger or acquisition. If Spill gets involved in a merger, asset sale, financing, liquidation or bankruptcy, or acquisition of all or some portion of our business to another company, we may share your information with that company before and after the transaction closes. We may also share with third parties—such as advertisers—aggregated, non-personally identifiable, or de-identified information. Third-Party Content and Integrations Our services may also contain third-party links and search results, include third-party integrations, or offer a co-branded or third-party-branded service. Through these links, third-party integrations, and co-branded or third-party-branded services, you may be providing information (including personal information) directly to the third party, us, or both. You acknowledge and agree that we are not responsible for how those third parties collect or use your information. As always, we encourage you to review the privacy policies of every third-party service that you visit or use, including those third parties you interact with through our services. Analytics and Advertising Services Provided by Others We may let other companies use cookies, web beacons, and similar technologies on our services. These companies may collect information about how you use our services over time and combine it with similar information from other services and companies. This information may be used to, among other things, analyze and track data, determine the popularity of certain content, and better understand your online activity. Additionally, some companies may use information collected on our services to measure the performance of ads and deliver more relevant ads on behalf of us or other companies, including on third-party websites and apps. Provided by Us We may collect information about your activity on third-party services that use cookies and other technologies provided by us. We use this information to improve our advertising services, including measuring the performance of ads and showing you more relevant ads. How Long We Keep Your Information Spill lets you send Spill to others to make yourself happier, the recipient happier, and to help raise money. On our end, that means most messages—like Spill—sent in Spill will be deleted by default from our servers after we you delete your account. We store other information for longer periods of time. For example: We store your basic account information—like your name, and email address—and list of friends until you ask us to delete them. We’re constantly collecting and updating information about the things you might like and dislike, so we can provide you with more relevant content and advertisements. If you ever decide to stop using Spill, you can just ask us to delete your account. We’ll also delete most of the information we’ve collected about you after you’ve been inactive for a while—but don’t worry, we’ll try to contact you first! Keep in mind that, while our systems are designed to carry out our deletion practices automatically, we cannot promise that deletion will occur within a specific timeframe. There may be legal requirements to store your data and we may need to suspend those deletion practices if we receive valid legal process asking us to preserve content or if we receive reports of abuse or other Terms of Service violations. Finally, we may also retain certain information in backup for a limited period of time or as required by law. Control over Your Information We want you to be in control of your information, so we provide you with the following tools. Download My Data. You can access and edit most of your basic account information right in our apps. Because your privacy is important to us, we may ask you to verify your identity or provide additional information before we let you access or update your personal information. We may also reject your request to access or update your personal information for a number of reasons, including, for example, that the request risks the privacy of other users or is unlawful. Revoking permissions. If you let us use your information, you can always change your mind and simply revoke your permission by changing the settings on your device if your device offers those options. Of course, if you do that, certain services may lose full functionality. Deletion. While we hope you’ll remain a lifelong Complimenter, if for some reason you ever want to delete your account, just go email us to learn how and have your account deleted. Communicating with other Complimenters. It’s important to us that you stay in control over whom you communicate with. That’s why we’ve built a number of tools that prevent users who repeatedly cause harm to you from sending Spill or interacting with you. Children Our services are not intended for—and we don’t direct them to—anyone under 13. And that’s why we do not knowingly collect personal information from anyone under 13. If we need to rely on consent as a legal basis for processing your information and your country requires consent from a parent, we may require your parent’s consent before we collect and use that information. Revisions to the Privacy Policy We may change this Privacy Policy from time to time. But when we do, we’ll let you know one way or another. Sometimes, we’ll let you know by revising the date at the top of the Privacy Policy that’s available on our website and mobile application. Other times, we may provide you with additional notice (such as adding a statement to our websites’ homepages or providing you with an in-app notification).
We’ve drafted these Terms of Service (which we call the “Terms”) so you’ll know the rules that govern our relationship with you. Although we have tried our best to strip the legalese from the Terms, there are places where these Terms may still read like a traditional contract. There’s a good reason for that: These Terms do indeed form a legally binding contract between you and Spill. So please read them carefully. By using Spill or any of our other products or services that link to these Terms (we refer to these simply as the “Services”), you agree to the Terms. Of course, if you don’t agree with them, then don’t use the Services. ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE A LITTLE LATER ON. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND Spill AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND Spill WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. 1. Who Can Use the Services No one under 13 is allowed to use the Services. We may offer additional Services with additional terms that may require you to be even older to use them. So please read all terms carefully. By using the Services, you state that: You can form a binding contract with Spill You are not a person who is barred from receiving the Services under the laws of the United States or any other applicable jurisdiction—meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition. You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations. If you are using the Services on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity. 2. Rights We Grant You Spill grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms and our usage policies. Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings. You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so. 3. Rights You Grant Us Many of our Services let you create, upload, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content. How broad that license is depends on which Services you use and the Settings you have selected. Public Content refers to data such as numbers of messages sent, time stamps, and character counts. Your messages are end to end encrypted, and are only accessible to you and your recipient. For all content you submit to the Services other than Public Content, you grant Spill and our affiliates a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones. Because Public Content is inherently public and chronicles matters of public interest, the license you grant us for this content is broader. In addition to granting us the rights mentioned in the previous paragraph, you also grant us a perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, sublicense, publicly perform, and publicly display Public Content in any form and in any and all media or distribution methods (now known or later developed). To the extent it’s necessary, when you appear in, create, upload, post, or send Public Content, you also grant Spill, our affiliates, and our business partners the unrestricted, worldwide, perpetual right and license to use your name, likeness, and voice, including in connection with commercial or sponsored content. This means, among other things, that you will not be entitled to any compensation from Spill, our affiliates, or our business partners if your name, likeness, or voice is conveyed through the Services, either on the Spill application or on one of our business partner’s platforms. For information about how to tailor who can watch your content, please take a look at our Privacy Policy. While we’re not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including to provide and develop the Services or if we think your content violates these Terms. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Service. The Services may contain advertisements. In consideration for Spill letting you access and use the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Services. Because the Services contain content that you and other users provide us, advertising may sometimes appear near your content. We always love to hear from our users. But if you volunteer feedback or suggestions, just know that we can use your ideas without compensating you. 4. The Content of Others Much of the content on our Services is produced by users, publishers, and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that submitted it. Although Spill reserves the right to review or remove all content that appears on the Services, we do not necessarily review all of it. So we cannot—and do not—take responsibility for any content that others provide through the Services. Through these Terms, we make clear that we do not want the Services put to bad uses. But because we do not review all content, we cannot guarantee that content on the Services will always conform to our Terms. 5. Privacy Your privacy matters to us. You can learn how we handle your information when you use our Services by reading our Privacy Policy. We encourage you to give the Privacy Policy a careful look because, by using our Services, you agree that Spill can collect, use, and share your information consistent with that policy. 6. Respecting Other People’s Rights Spill respects the rights of others. And so should you. You therefore may not use the Services, or enable anyone else to use the Services, in a manner that: violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual-property right. bullies, harasses, or intimidates. defames. spams or solicits our users. You must also respect Spill’s rights. These Terms do not grant you any right to do any of the following (or enable anyone else to do so): use branding, logos, designs, photographs, videos, or any other materials used in our Services. copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms. use the Services, any tools provided by the Services, or any content on the Services for any commercial purposes without our consent. In short: You may not use the Services or the content on the Services in ways that are not authorized by these Terms. Nor may you help anyone else in doing so. 7. Respecting Copyright Spill honors the requirements set forth in the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if Spill becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user’s account. We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please contact as at levibkline@gmail.com Or you may file a notice with our designated agent: Spill Attn: Levi Kline email: levibkline@gmail.com If you file a notice with our Copyright Agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must: contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner. identify the copyrighted work claimed to have been infringed. identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material. provide your contact information, including your address, telephone number, and an email address. provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. 8. Safety We try hard to keep our Services a safe place for all users. But we can’t guarantee it. That’s where you come in. By using the Services, you agree that: You will not use the Services for any purpose that is illegal or prohibited in these Terms. You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information. You will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent. You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services. You will not use or attempt to use another user’s account, username, or password without their permission. You will not solicit login credentials from another user. You will not post content that contains or links to pornography, graphic violence, threats, hate speech, or incitements to violence. You will not upload viruses or other malicious code or otherwise compromise the security of the Services. You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access. You will not probe, scan, or test the vulnerability of our Services or any system or network. You will not encourage or promote any activity that violates these Terms. We also care about your safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws. For example, never Spill and drive. And never put yourself or others in harm’s way just to write a Spill. 9. Your Account You are responsible for any activity that occurs in your Spill account. So it’s important that you keep your account secure. One way to do that is to select a strong password that you don’t use for any other account. By using the Services, you agree that, in addition to exercising common sense: You will not create more than one account for yourself. You will not create another account if we have already disabled your account, unless you have our written permission to do so. You will not buy, sell, rent, or lease access to your Spill account, Spill, a Spill username, or a friend link without our written permission. You will not share your password. You will not log in or attempt to access the Services through unauthorized third-party applications or clients. If you think that someone has gained access to your account, please immediately reach out to us. 10. Data Charges and Mobile Phones You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services. 11. Third-Party Services If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party’s terms will govern the respective party’s relationship with you. Spill is not responsible or liable for a third party’s terms or actions taken under the third party’s terms. 12. Modifying the Services and Termination We’re relentlessly improving our Services and creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand. While we hope you remain a lifelong Spiller, you can terminate these Terms at any time and for any reason by deleting your account. Spill may also terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use our Services. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason. Regardless of who terminates these Terms, both you and Spill continue to be bound by Sections 3, 6, 9, and 12-21 of the Terms. 13. Indemnity You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Spill, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms. 14. Disclaimers We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE Spill ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE. Spill TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH Spill WILL BE RESPONSIBLE FOR. 15. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, Spill AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF Spill HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Spill’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID Spill, IF ANY, IN THE LAST 12 MONTHS. 16. Arbitration, Class-Action Waiver, and Jury Waiver PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND Spill TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION. Applicability of Arbitration Agreement. You and Spill agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and Spill are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. To be clear: The phrase “all claims and disputes” also includes claims and disputes that arose between us before the effective date of these Terms. Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules, available here as of the date of these Terms, or by calling the AAA at 1-800-778-7879. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise. Fees. If you choose to arbitrate with Spill, you will not have to pay any fees to do so. That is because Spill will reimburse you for your filing fee and the AAA’s Consumer Arbitration Rules provide that any hearing fees and arbitrator compensation are our responsibility. To the extent another arbitral forum is selected, Spill will pay that forum’s fees as well. Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Spill 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 law, the arbitral forum’s rules, and the Terms. 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 upon you and Spill Waiver of Jury Trial. YOU AND Spill WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Spill are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Spill over whether to vacate or enforce an arbitration award, YOU AND Spill WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED 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 we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 17. Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement. Opt-out. You may opt out of this arbitration agreement. If you do so, neither you nor Spill can force the other to arbitrate. To opt out, you must notify Spill in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your Spill username and the email address you used to set up your Spill account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement. You must email the opt-out notice to levibkline@gmail.com. Small Claims Court. Notwithstanding the foregoing, either you or Spill may bring an individual action in small claims court. Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Spill 17. Exclusive Venue To the extent that these Terms allow you or Spill to initiate litigation in a court, both you and Spill agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the United States District Court for the Central District of California. If, however, that court would lack original jurisdiction over the litigation, then all such claims and disputes will be litigated exclusively in the Superior Court of California, County of Los Angeles. You and Spill consent to the personal jurisdiction of both courts. 18. Choice of Law Except to the extent they are preempted by U.S. federal law, the laws of California, other than its conflict-of-laws principles, govern these Terms and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or their subject matter. 19. Severability If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions. 20. Additional Terms for Specific Services Given the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of your agreement with us if you use those Services. If any part of those additional terms and conditions conflicts with these Terms, the additional terms and conditions will prevail. 21. Final Terms These Terms (together with any additional terms applicable to specific Services you use) make up the entire agreement between you and Spill, and supersede any prior agreements. These Terms do not create or confer any third-party beneficiary rights. If we do not enforce a provision in these Terms, it will not be considered a waiver. We reserve all rights not expressly granted to you. You may not transfer any of your rights or obligations under these Terms without our consent. Contact Us Spill welcomes comments, questions, concerns, or suggestions. Please send us feedback by emailing levibkline@gmail.com Spill is located in the United States in Los Angeles, California.