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Go · Fiction · Finance
Last updated: May 15, 2025
This Terms of Service (the “Terms”) is entered into between you ( “you” or “your”) and Shellscript Logical Inc. dba Mirth Turtle Media ( “Mirth Turtle”, “we” or “our”) and applies to any Mirth Turtle product, website or service, including but not limited to the Mirth Turtle website at mirthturtle.com and its subdomains (collectively, “Website”), Mirth Turtle applications and Mirth Turtle products, including the Mirth Turtle streaming platform (collectively, the “Platform”).
BY CLICKING “I AGREE” OR SIMILAR CONFIRMATION OR BY USING THE SERVICE YOU ARE AGREEING TO BE BOUND BY THE TERMS.
IF YOU ARE USING THE SERVICE ON BEHALF OF AN ORGANIZATION, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THE ORGANIZATION TO THE TERMS AND ARE AGREEING TO THE TERMS FOR THAT ORGANIZATION. WHERE YOU ARE USING THE SERVICE ON BEHALF OF AN ORGANIZATION, “YOU” AND “YOUR” REFER TO THE ORGANIZATION.
Mirth Turtle operates numerous services via the Website and Platform, including but not limited to video games, merchandise, membership systems, social integrations, video streams and more (collectively, the “Service”).
2.1. Age of Access. You must be at least the age of majority in your jurisdiction in order to use the Service. If you already accessed the Service and have yet to reach the age of majority in your jurisdiction, you must immediately cease use of the Service.
2.2. Membership. When using the Service, Mirth Turtle hereby grants you a non-exclusive, non-transferrable, revocable, subscription to access and use the Service through an Account and free, trial or paid subscription (each, a “Membership”), subject to your compliance with the Terms and any restrictions associated with obtaining and/or accessing your Account. If using the Service via the Website, Mirth Turtle also grants you a non-exclusive, non-sublicensable, non-transferrable, revocable, limited license use the Website.
2.3. Accounts and Login Information. Access to the Service and/or certain features of the Service may require registering an account with Mirth Turtle (each, an “Account”). In order to access an Account or to access the Service in general, you may be required to obtain a user ID, password and/or access key ( “Login Information”). As an Account holder, you shall: (a) provide Mirth Turtle with accurate contact information, as requested by Mirth Turtle, including but not limited to your user name, password and email address; (b) maintain the confidentiality of Account Login Information, which you shall use each time you log onto the Service; (c) use commercially reasonable efforts to manage and ensure the security, confidentiality and authorized use of your Login Information and shall not share it with any other person or entity; and (d) be responsible for all activity through the Service that originates from any Account logged in through your Login Information. Mirth Turtle is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your Login Information. If you detect unauthorized access to or use of your Account, you shall promptly notify Mirth Turtle of such unauthorized access or use.
2.4. Verification. When registering your Account or signing up for a Membership, Mirth Turtle may collect a variety of personal information from you, including but not limited to your:
a. Name;
b. Email address;
c. Payment information; and
d. Other information collected at the time of Account registration.
2.5. Fees. If you choose to use any paid features of the Service, including membership options, Mirth Turtle may charge a fee in connection with your Account ( “Fee”). Mirth Turtle, or any third party acting on Mirth Turtle’s behalf, is authorized and has the right to automatically charge the Fee to such authorized payment method each month unless you terminate the Services as described in these Terms. The Fee excludes applicable taxes, which Mirth Turtle may charge as required by the laws of your jurisdiction. The current Fees are listed on the Website at Memberships or presented to you prior to selecting a paid feature, and such Fee may change at any time at Company’s sole discretion, but Company shall provide prior written notice at least 30 days before any Fee increase. Any changed Recurring Fees (as defined below) will apply to the next renewal payment of the current Recurring Fee, which you are deemed to accept unless you cancel or terminate the Recurring Fee prior to renewal)
2.6. Recurring Fees. The Fee may be charged on a one-time basis or on a recurring monthly basis ( “Recurring Fee”), as requested by you. The Recurring Fee excludes applicable taxes, duties and charges. You shall provide Mirth Turtle with a valid credit card, or other method acceptable to Mirth Turtle, to be charged by Mirth Turtle and third parties authorized on our behalf. If you choose to have your Fees charged on a recurring basis, you agree that your credit card shall be charged monthly, as applicable, on the anniversary of your purchase (or such later date selected by Mirth Turtle). You may elect to terminate a Recurring Fee by clicking the “Cancel” button within the Service. Recurring Fees are automatically renewed and charged, unless cancelled or terminated prior to renewal. Each purchase of a digital item is non-refundable even if you choose never to access such digital item, except as required by applicable law. Digital items purchased or housed on an Account, including but not limited to Digital Assets (as defined below), may be forfeited and/or deleted upon termination, deletion and/or cancellation of such Account, as determined in the sole and absolute discretion of Mirth Turtle.
2.7. Physical and Digital Purchases. You may be able to purchase certain physical and digital items via the Service, including but not limited to physical Mirth Turtle merchandise at the URL www.streamlabs.com/mirthturtle/merch. In addition, certain digital items can be purchased and/or attached to an Account, including but not limited to Mirth Turtle’s fictional cryptocurrencies such as Raccooncoin and Comedy Gold, or purchase in relation to Mirth Turtle’s virtual corporation and/or virtual airline Air Mirth One (collectively, “Digital Assets”). You hereby acknowledge and agree all digital items purchased via the Service: (a) are fictional and are not housed on any blockchain or external trading service; and (b) can be revoked and/or deleted by Mirth Turtle at any time, including but not limited to upon the deletion of an Account or the cancellation of a Recurring Fee. Further, you acknowledge and agree you are not entitled to a refund for any purchase made while using the Service as further detailed pursuant to Section 2.8, unless required by law. Further, you are not permitted to sell any aspect of the Service, including but not limited to aspects of the Service you access individually (including but not limited to Accounts and/or Digital Assets) to any third-party.
2.8. Refunds. Mirth Turtle is unable to offer a refund of your online payments to Mirth Turtle, including but not limited to the Fee, Recurring Fee and/or a Digital Assets, unless required by applicable law, once access to the Services has been provided to you (each a “Refund”). Mirth Turtle may elect to grant a Refund as a result of extenuating circumstances, as determined in Mirth Turtle’s sole and absolute discretion. If you believe that you are entitled to a Refund under laws applicable in your jurisdiction or due to an extenuating circumstance, you may request a Refund by emailing Mirth Turtle at Christian [at] MirthTurtle.com, including the email header “REFUND REQUEST” and describing in the body of the email how you qualify for a Refund and other relevant details of your request.
2.9. Taxes. The Fee excludes taxes, duties and charges, which you shall pay as well. If Mirth Turtle pays or collects taxes on your behalf, Mirth Turtle shall invoice you for the applicable amount, which you shall pay on the same terms as the Fee.
3. SUBSCRIPTION. Mirth Turtle grants you a limited, revocable, non-exclusive, non-transferrable, subscription to access the Service and to use features associated with an Account. You acknowledge and agree that we may modify, suspend, remove sections or features of the Website, your Account or any part the Service at any time acting in our sole and absolute discretion.
4.1. Authorized Use. span When using the Service, you may not:
a. knowingly provide false or inaccurate information to Mirth Turtle;
b. decompile, disassemble or reverse engineer the Service or otherwise attempt to derive the Service source code or gain unauthorized access to the Service;
c. alter, change or circumvent security related aspects of the Service;
d. use any automated system (bot, spider, etc.) to access the Service;
e. reproduce, rearrange, modify, change, alter, translate, create derivative works from, display, perform, publish, or distribute the Service;
f. break, disrupt or attempt to break or disrupt any device used to support the Service or other’s experience of the Service or knowingly exploit a flaw or bug in the Service;
g. store or transmit material that is infringing, libellous, unlawful or in violation of any person’s rights or a group of people’s rights;
h. use the Service to provide information or data to a competitor of Mirth Turtle;
i. harass, abuse, stalk, threaten or impersonate any person or group of people;
j. display content containing sexually explicit acts;
k. sell, rent, lease or sublicense the Service or access thereto, unless expressly permitted by Mirth Turtle;
l. promote, encourage or undertake illegal activity; or
m. infringe or violate third-party rights including but not limited to: (i) contractual rights, (ii) copyright, patent, trademark or trade secret rights, (iii) privacy rights, (iv) publicity rights, or (v) confidential information,
as determined by Mirth Turtle in its sole and absolute discretion.
4.2. Suspension and Termination. Mirth Turtle may suspend or terminate access to the Service and/or your Account, without notice or compensation to you, at any time for any reason (or for no reason) including but not limited to technical issues, your non-compliance with the Terms or your failure to adhere to the terms of an agreement with Mirth Turtle. Mirth Turtle has sole discretion to lift a suspension or reverse a termination. Your access to the Service and/or your Account automatically terminates upon the earliest of the date: (a) you or Mirth Turtle terminates access to your Account; (b) of your non-compliance with the Terms; or (c) when your click the Delete Account button within the Service.
4.3. Privacy Policy and Privacy Law Compliance. Your use of the Service is governed by a Privacy Policy detailing how Mirth Turtle collects, uses and discloses personal and anonymous data about you. If at any time you disagree with the Privacy Policy, you must immediately stop using the Service and contact Mirth Turtle at the address provided below. By agreeing to the Terms and using the Service, you represent and warrant that your use of the Service complies with applicable privacy laws.
5.1. Ownership and Rights. Mirth Turtle retains all right, title and interest in the Service, including but not limited to copyrights, copyrightable works, patents, patent rights, trademarks, trade names, trade secrets and in Accounts. The Terms do not convey any right, title or interest in, or constitute the sale of any right to, the Service, any related software or your Account.
5.2. User Content. You may provide Mirth Turtle with responses, comments, recommendations, advice, ideas, submissions, forum posts or other information ( “User Content”)). By providing User Content, you represent and warrant that all consents, licenses and rights necessary to license User Content to Mirth Turtle are obtained and hereby grant Mirth Turtle an irrevocable, fully-paid, royalty-free, non-exclusive, perpetual, worldwide license to User Content under all copyright, trademark, trade secret, patent, privacy and publicity rights and any other intellectual or industrial property rights you own or control to use, broadcast, disclose, display, distribute, modify, make derivative works of, publicly perform, publish, record, reproduce, sublicense (on multiple levels), translate, transmit or otherwise exploit for all purposes and in all formats and mediums without attribution, notice, permission, royalty or payment. Mirth Turtle is under no obligation to review or act upon any User Content that you may provide.
5.3. DMCA. Mirth Turtle responds to notices alleging copyright infringement that comply with the United States Digital Millennium Copyright Act (the “DMCA”). If you wish to make a DMCA claim, you must provide the following information in writing in your DMCA notice:
a. identify the copyrighted work that you claim has been infringed;
b. identify the material claimed to be infringing and where it is located;
c. provide reasonably sufficient information to allow us to contact you, such as your address, phone number and e-mail address;
d. provide a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or law;
e. provide a statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the owner; and
f. provide an electronic or physical signature of a person authorized to act on behalf of the copyright owner.
Mirth Turtle may provide you notice if your communication, post, submission or upload was removed as a result of Mirth Turtle receiving a DMCA notice from a copyright owner. If you receive notice from Mirth Turtle, you may provide a counter-notification in writing to Mirth Turtle’s designated DMCA agent through the means provided below.
DMCA notices can be sent to Mirth Turtle by emailing Christian [at] MirthTurtle.com or by mail:
Copyright Compliance Department – Shellscript Logical Inc.
403-134 Abbott Street
Vancouver, BC
V6B 2K4
6.1. DISCLAIMER. THE SERVICE IS PROVIDED TO YOU “AS IS” AND MIRTH TURTLE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND ASSIGNS (COLLECTIVELY, THE “REPRESENTATIVES”) DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR COMPLIANCE WITH LAWS WITHIN YOUR JURISDICTION. WITHOUT LIMITING THE FOREGOING, MIRTH TURTLE MAKES NO REPRESENTATIONS THAT USE OF THE SERVICE WILL NOT INFRINGE ANY COPYRIGHT, PATENT, TRADEMARK LAW OR OTHER RIGHTS HELD BY A THIRD PARTY. FURTHER AND WITHOUT LIMITING THE FOREGOING, MIRTH TURTLE AND ITS REPRESENTATIVES MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE, SERVICES PERFORMED AND PRODUCTS PROVIDED BY MIRTH TURTLE OR OTHER THIRD PARTIES, WILL COMPLY WITH APPLICABLE LAWS WITHIN YOUR JURISDICTION, MEET YOUR REQUIREMENTS, NOT CAUSE DAMAGE TO YOU, YOUR PROPERTY OR PROPERTY OF OTHERS, OR THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, CONTINUOUSLY AVAILABLE, ERROR FREE OR WILL NOT HARM YOUR COMPUTER OR MOBILE DEVICE OR RESULT IN LOST DATA. NO ORAL ADVICE OR WRITTEN INFORMATION PROVIDED BY MIRTH TURTLE AND THE REPRESENTATIVES WILL CREATE ANY WARRANTY AND YOU SHALL NOT RELY EXCLUSIVELY UPON SUCH ADVICE OR INFORMATION. YOU BEAR THE ENTIRE RISK AS TO THE PERFORMANCE, OPERATION AND QUALITY OF THE SERVICE.
6.2. LIMITATION OF LIABILITY. MIRTH TURTLE AND THE REPRESENTATIVES SHALL NOT BE LIABLE TO YOU FOR ANY CLAIM, LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO THE SERVICE OR THIRD-PARTY SERVICES, INCLUDING WITHOUT LIMITATION DIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES. TO THE EXTENT THAT THE ABOVE LIMITATION OF LIABILITY IS NOT APPLICABLE IN YOUR JURISDICTION, ANY CLAIM THAT YOU MAY HAVE AGAINST MIRTH TURTLE AND THE REPRESENTATIVES MUST BE COMMENCED NO LATER THAN 6 MONTHS AFTER THE DAY ON WHICH THE CLAIM IS DISCOVERED OR OUGHT TO HAVE BEEN DISCOVERED BY YOU.
6.3. MAXIMUM AGGREGATE LIABILITY. NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN TERMS OR WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES AND, IF ANY DISCLAIMER OR LIMITATION OF LIABILITY IS FOUND UNENFORCEABLE, VOID OR DOES NOT FULLY SHIELD MIRTH TURTLE AND THE REPRESENTATIVES FROM LIABILITY, YOU AGREE THAT MIRTH TURTLE’S (AND THE REPRESENTATIVES’) MAXIMUM AGGREGATE LIABILITY IN ANY CASE WHATSOEVER WILL BE THE TOTAL AMOUNT PAID BY YOU TO MIRTH TURTLE IN THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE HARM IN QUESTION.
6.4. Indemnity. You shall defend and indemnify Mirth Turtle and the Representatives against any claim, demand, suit or proceeding made or brought against Mirth Turtle and the Representatives in connection with your use of the Service, including claims that Mirth Turtle, the Service, or you, (i) infringe or misappropriate a third party’s intellectual property rights (excluding where such infringement or misappropriation is solely attributed to an action of Mirth Turtle), (ii) violate any applicable law, including any failure to obtain the required legal documentation, including applicable consent documentation, prior to using the Service, (iii) cause bodily harm or death, or (iv) commit an act of gross negligence or intentional misconduct. Your obligation to indemnify Mirth Turtle and the Representatives arises so long as Mirth Turtle: (a) promptly gives written notice of the claim against Mirth Turtle (b) gives you sole control of the defense and settlement of the claim except that you shall not enter any settlement or disposition that attributes liability or confers a financial obligation on Mirth Turtle without Mirth Turtle’s advance written consent, which shall not be unreasonably withheld or delayed; and (c) gives all reasonable assistance, at your expense.
7.1. No Joint Relationship. Nothing in the Terms shall be construed to create any joint partnership, joint venture, employer-employee or agency relationship between you and Mirth Turtle.
7.2. Governing Law. The Terms, Privacy Policy and any other policy of Mirth Turtle (collectively, “Mirth Turtle Policies”) are governed by the laws of the province of Nova Scotia and the laws of Canada, without reference to principles of conflicts of laws. The parties irrevocably attorn to the jurisdiction of the appropriate provincial and federal courts of the province of Nova Scotia to hear any proceedings related to the Mirth Turtle Policies.
7.3. Severability and Waiver. If any provision of the Mirth Turtle Policies is held by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law with remaining provisions of such Mirth Turtle Policy in full force and effect. No failure or delay by a party in exercising any right, power or remedy under the applicable Mirth Turtle Policy constitutes a waiver.
7.4. Assignment. Mirth Turtle may assign the Mirth Turtle Policies without your consent or notice to you. You cannot assign the Mirth Turtle Policies.
7.5. Survival. Sections 2, and 4 to 7 survive termination of the Terms.
7.6. Entire Agreement. The Mirth Turtle Policies constitute the entire agreement between you and Mirth Turtle with respect to the subject matter hereof and supersedes any prior oral or written agreements, communications, representations or undertakings provided.
7.7. Updates. Mirth Turtle reserves the right to modify the Terms and all Mirth Turtle Policies at any time (each, an “Update”) and shall make each Update available on the Website. You are deemed to accept any Update by continuing to use the Service. Unless Mirth Turtle states otherwise, an Update is automatically effective 30 days after posting on the Website.
