Changes to the Privacy Policy

Because the Site is a growing service which will be implementing new features and technologies, we may need to change the terms of this Privacy Policy from time to time. Any changes in the terms of this Privacy Policy will be posted on this page so we encourage you to check this page regularly. Your continued use of the Site following any changes to this Privacy Policy will constitute your acceptance of such changes.

Why stimTV™ collects information

Anonymous Information

In order to provide you the unique stimTV™ personalized brand of programming, when you visit the Site, we need to collect anonymous non-personally identifiable information from your computer such as your computer’s IP address, the type of internet browser you use, and web site browsing patterns. This information will not be personally associated with you. We will use this information for internal purposes only and to improve the services we provide to you.
We may also collect non-personally identifiable information from you by “passive” means, often through the use of cookies. On occasion the Site may also set a “session cookie” to help us administer the Site. A session cookie expires when you close your browser, and does not retain any information about you after it expires. Third party advertisers that may appear on the Site from time to time may also use cookies or similar technology.

Your Likes and Dislikes

Because stimTV™ wants to provide you with a quality experience and content that is best suited for you, we may ask you to provide non-personally identifiable information about yourself, such as your age, your gender, the type of music or movies you like, your postal zip code (or non-US equivalent), your sports or hobbies and/or other such broadly-based categorical information. While we hope you will provide requested information to enrich your stimTV™ experience, providing this information will always be optional. This information will not be combined with personally identifiable information or otherwise be personally associated with you. We will use this information to improve the quality of your experience on the Site and the content you view.

Your Email Address

As stimTV™ grows and implements new services, we may collect your email address in connection with certain services which you register for on the Site, such as notifying you of the addition of certain videos to our database that are of particular interest to you. We will only use your email address in connection with the service for which you registered. If you change your mind about participating in any of these services, you can always opt-out of such service by emailing us at optout@stimtv.com and we will cease sending you the communications you registered to receive and remove your email address from our files. We will not combine your email address with your anonymous profile. Each email message you receive from us will also provide you with an opportunity to opt-out. Please note that changes to your preferences may not be effective immediately.

Other Personal Information

As stimTV™ grows and implements new services, we may collect “personally identifiable information” from you such as your name, postal address, telephone number, fax number and email address in connection with certain features we may offer on the Site. We will collect personally identifiable information from you only when you actively give us the information. We will only use your personal information for the purpose for which you provided it, such as to fulfill your requests for products or services.

Financial Information

As stimTV™ adds new features and services to the Site, you may be able to purchase goods or services directly through the Site for which we may request you to provide financial information such as account or credit card numbers. We will only use your financial information to bill you for products and services or otherwise process your transactions. By making a direct purchase on the Site, you consent to our providing your financial information to our service providers and to such third parties as are typically required to process such transactions. These third parties may include the credit card companies and banking institutions used to process the transaction.

Sharing Your Information

We may use third party contractors to help us operate our business and the Site or administer activities on our behalf, such as authorization of credit card transactions, and may share your information with these contractors for those limited purposes. When we use these third party contractors, we will require that they protect your personal information in accordance with this Privacy Policy and that they utilize industry-standard privacy and security procedures. We may also share non-personally identifiable information in the aggregate form with third parties to illustrate trends and patterns.
If NPOWR Digital Media, Inc. is sold to, or merges with, another company, or declares bankruptcy, some or all of the information collected from you may be transferred to a third party as a result of the transfer of assets. Such third party would be deemed to be bound by this Privacy Policy. We may also disclose your information when we determine it is necessary to comply with applicable laws or when compelled to as a result of court orders, subpoenas or as otherwise required by law. We may also disclose your information if we determine it is reasonably necessary to protect the interests or safety of NPOWR Digital Media, Inc. and its users.
Except in the circumstances specified herein, we will not share your personally identifiable information with third parties, unless you specifically authorize us to do so.

Links

From time to time, the Site may contain links to other Web sites, including, among others, those of advertisers, other third parties and companies whose trademarks may appear on the Site. We are not responsible for the information collection practices or the content of the Web sites to which we link.

Community Functions

The Site may make available to its users chat rooms, forums, message boards, and/or other community functions. Remember that any information you disclose in these areas becomes public information and you should exercise caution when deciding to disclose your personal, financial or other information. You should use such community functions at your own risk.

Security

Protecting your information is of paramount importance to us. We use the industry-standard technology to protect the security of your information both as it passes over the Internet and while it is housed on our systems. We have implemented internal security procedures and protocol in an effort to restrict access to information to designated personnel only. Unfortunately, although we will utilize best-of-class methods to ensure the security of your information, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we are committed to protecting your information, we cannot ensure or warrant the security of any information you transmit to us.

Visitors Outside of the US

The Site is operated in the United States. If you reside outside of the United States and provide information to us while on the Site, you agree that such information will be transferred to and processed in the United States.

Visitors Under 13

We will not knowingly collect any personally identifiable information submitted by visitors to the Site who are under the age of 13.

Contact Us

Please contact us with any questions or comments regarding our Privacy Policy:

NPOWR Digital Media, Inc.
4347 Raytheon Road
Oxnard, CA 93033

help@stimtv.com

Information you provide to us through email inquiries will only be used to respond to your inquiry.

REGISTRATION AND ORDERING OBLIGATIONS?

In consideration of your use of the Site and/or Applications, you agree to provide true, accurate and complete information about yourself as prompted by the Site registration or ordering process, provided that in connection with registration, you do not need to, and should not, use your full or true name for your username. In addition, you agree to update that information in order to maintain its truth, accuracy and completeness.

AGREEMENT TO DEAL ELECTRONICALLY

All transactions with or through the Site or stimTV™ may, at stimTV™ 's option, be conducted electronically. stimTV™ may keep records of any type of communication conducted via the Site. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient's control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.

OBLIGATION FOR USING YOUR PASSWORD?ALL CONTENT OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD ON THE SITE WILL BE DEEMED BINDING ON YOU.

You agree that you are solely liable for all actions taken via your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site for which you will be legally responsible. If you suspect that someone may have obtained access to your password who is not intended to have authority to act on your behalf, please contact stimTV™ immediately to authorize stimTV™ to deny access to the Site to anyone else presenting your password.

LIMITED NON-COMMERCIAL LICENSE TO USE SITE

stimTV™ hereby grants you the limited right to view and use the Site only for the purposes of viewing or content such as films, placing product orders or for accessing information, Applications and services. stimTV™ reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site. This license is limited to personal and non-commercial uses by you. Any rights not expressly granted to you herein are reserved to stimTV™ .

No portion of this Site is targeted to children, and any minor should seek consent of his or her legal guardian before using this site. Unless you have received specific written permission from stimTV™ , you may not (a) "frame" or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, content displayed on the Site or (b) alter or modify any content on the Site. Without limiting other restrictions, you agree not to reproduce, transmit, sell, or otherwise exploit the Site and/or Applications for any commercial purpose.??

You acknowledge that stimTV™ may not pre-screen any Materials posted by you or other users, but that stimTV™ and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Materials. Without limitation, stimTV™ and its designees shall have the right to remove any Materials that violate the Terms or is otherwise objectionable, as well as terminate your access to the Site.

stimTV™ may establish practices and limits concerning the use of the Site and Applications, including the maximum disk space that will be allotted to your use. You agree that stimTV™ has no liability or responsibility for the storage or deletion of any Materials that you submit or post. stimTV™ reserves the right to change these general practices and limits at any time in its sole discretion, with or without notice.??

LIMITED NON-COMMERCIAL LICENSE TO USE APPLICATIONS ?

stimTV may offer you the ability to use certain applications, services or software, and content such as games and films for use therewith, either at no charge or for a fee (such applications, services, software and any related content provided by stimTV™ or its licensors is referred to herein collectively as "Applications"). For example, stimTV™ may provide chat areas, bulletin boards, e-mail functions, software and services that allow you to download specific content from the Sites to your computer.

COPYRIGHTS AND TRADEMARKS

EXCEPT AS EXPRESSLY PROVIDED HEREIN BY THESE TERMS, NEITHER stimTV™, ITS AFFILIATES, NOR ANY THIRD PARTY HAS CONFERRED UPON YOU BY IMPLICATION, ESTOPPEL OR OTHERWISE, ANY LICENSE OR RIGHT UNDER ANY PATENT, TRADEMARK, COPYRIGHT OR OTHER PROPRIETARY RIGHTS TO USE THE SITE OR ANY APPLICATIONS OFFERED ON THE SITE. NO OWNERSHIP RIGHTS ARE OR WILL BE ASSIGNED TO YOU.?

stimTV™ will not tolerate copyright infringement and reserves the right to block, disable, or otherwise remove any content or materials uploaded to the Site as well as terminate access to the Site if you engage in copyright or other intellectual property infringement.

DISCLAIMER OF WARRANTIES

EXCEPT IF EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT (SUCH AS A EULA) BETWEEN YOU AND STIMTV™, THE SITE AND APPLICATIONS OFFERED AT OR THROUGH THE SITE, AND APPLICATIONS ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND AND WITH ALL RISKS. stimTV™ HEREBY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW (A) ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AVAILABILITY OF THE SITE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION ON THE SITE; AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SITE, APPLICATIONS, OR RELATED INFORMATION. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION IS BORNE BY YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN ADDITION, stimTV™ DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT IN CONNECTION WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION.

ASSUMPTION OF RISKS?YOU ASSUME ALL RISKS THAT THE SITE, APPLICATIONS, AND RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. BY PARTICIPATING IN MULTI-PLAYER GAMES OR VISITING CHAT ROOMS YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT, OR OTHER OFFENSIVE LANGUAGE OR REFERENCES. YOU AGREE THAT stimTV™ SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDER ON THE SITE. ??

NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES?TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER stimTV™ NOR ANY OF stimTV™'S AFFILIATES OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRIVACY OR FOR FAILURE TO MEET ANY DUTY INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT) OR ANY OTHER INDIRECT, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE SITE, APPLICATIONS OR RELATED INFORMATION, OR TO ANY BREACH OF THESE TERMS, EVEN IF stimTV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY

YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS BY stimTV™ SHALL BE, AT stimTV™'S OPTION, (1) SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE APPLICATION OR PRODUCT THAT GIVES RISE TO DAMAGES INCURRED BY YOU IN REASONABLE RELIANCE ON STIMTV™; OR (2) REFUND OF THE AMOUNT THAT YOU PAID TO STIMTV™. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

YOUR REPRESENTATIONS AND WARRANTIES

You represent and warrant for the benefit of stimTV™, stimTV™'s suppliers, and any third parties mentioned on the Site, in addition to other representations and obligations contained in these Terms, that: (a) you possess the legal right and ability to enter into and make the representations and warranties contained in these Terms; (b) all information submitted by you to the Site is true and accurate; (c) you will keep your registration information current; (d) you will be responsible for all use of your password even if such use was conducted without your authority or permission; (e) you will not use the Site for any purpose that is unlawful or prohibited by these Terms; (f) you are the owner of the Materials and they are original to you; (g) the Materials do not infringe any third party right, such as copyright, trademark, and publicity/privacy right; (h) the Materials do not constitute defamation or libel or otherwise violate the law, and (i) you agree to defend, indemnify, and hold stimTV™ (and its employees, representative, agents, and assigns) harmless from breaches of (a) through (h).

LINKS, ADVERTISERS

The Site contains links to third party sites that are not under the control of stimTV™ and stimTV™ is not responsible for any content on any linked site. If you access a third party site from the Site, then you do so at your own risk. stimTV™ provides links only as a convenience and the inclusion of the link does not imply that stimTV™ endorses or accepts any responsibility for the content on those third party sites. Additionally, your dealings with or participation in promotions of advertisers found on the Site, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that stimTV™ shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

INTERNATIONAL USAGE

This Site is controlled and operated by stimTV™ from its offices within California, United States of America. stimTV™ make no representation that the Site, Applications, or related information offered by stimTV™ are appropriate or available in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.??

OWNERSHIP

The Site, Applications, and related information are the exclusive property of stimTV™ or its suppliers. All rights not licensed herein are hereby reserved to stimTV™ or its suppliers.

TERMINATION OR CANCELLATION OF SITE ACCESS, MODIFICATIONS TO SITE AND APPLICATIONS

If you violate these Terms, stimTV™ may terminate or cancel your access rights to the Site and/or Applications immediately without notice. stimTV™ may also block your use of the Site and/or Applications or direct you to cease using it. stimTV™ reserves the right at any time to modify or discontinue the Site, Applications, or any part thereof and you agree that stimTV™ shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, Applications, or any part thereof, except you may receive a pro-rata refund in the event such modification, suspension, or discontinuance materially affects your access to those parts of the Site or Applications that you have paid for.??

EXCLUSIVE JURISDICTION

These Terms shall be governed by the laws of the State of California without regard to its conflict of law provisions. Any disputes arising under or related in any way to these Terms, the Site or any Application shall be litigated or otherwise heard in the appropriate forum in Ventura County, California. The parties hereto hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the County of Ventura, California, and hereby waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by California law.

ENTIRE AGREEMENT

These Terms, as amended, your registration forms, and the disclosures provided by stimTV™ and the consents provided by you, constitute the entire agreement between you and stimTV™. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. stimTV™'s failure to act with respect to a breach by you or others does not waive stimTV™'s right to act with respect to subsequent or similar breaches.

AMENDMENTS

You agree that stimTV™ may amend or modify these Terms or impose new conditions at any time by updating these Terms on the Site or upon notice from stimTV™ to you as published through the Site or by email. Any use of the Site or order by you after such updating shall be deemed to constitute acceptance of such amendments, modifications, or new conditions. If you do not want to be bound by an amendment, you will need to terminate your registration, if any, and refrain from using the Site or using or ordering Applications after that date. No other amendments will be valid unless they are in a paper writing signed by stimTV™ and by you.

NOTICES

Except as expressly stated otherwise, any notices required or allowed under these Terms shall be given to stimTV™ by postal mail to: stimTV™, NPOWR Digital Media Inc., 4347 Raytheon Road, Oxnard, CA 93033, or as to a successor address that stimTV™ makes available on the Site or through other reasonable manner. If applicable law requires that stimTV™ accepts email notices (but not otherwise), then you may send stimTV™ email notice using stimTV’s contact form. With respect to stimTV™'s notices to you, stimTV™ may provide notice of amendments by posting them in the Site and you agree to check for changes. Instead or in addition, stimTV™ may give notice by sending email to the email address you provide during registration. Notice shall be deemed given 24 hours after it is posted or an email is sent, unless (as to email) the sending party is notified that the email address is invalid.