Terms of Service
PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO
THE TERMS AND CONDITIONS SET FORTH BELOW, PLEASE DO NOT USE THE WEBSITE OR ANY
INFORMATION CONTAINED THEREIN. BY USING THE WEBSITE AND/OR THE INFORMATION CONTAINED
THEREIN, YOU ACKNOWLEDGE YOUR FULL ACCEPTANCE TO THE TERMS SET FORTH BELOW.
BY CLICKING THE "I ACCEPT" CHECKBOX AND COMPLETING THE REGISTRATION
PROCESS, YOU ARE STATING THAT YOU ARE ELGIBLE FOR AN ACCOUNT AND THAT YOU AGREE
TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE.
The following is the Terms of Service Agreement ("Agreement")
between you and StrandVision, LLC.
1. ACKNOWLEDGEMENT OF NAMES
The words "user", "users", or "you"
and all other phrases and words that may be deemed to have a similar meaning,
appearing within this Agreement represent any parties (or party) and any individuals
(or individual) "using", to the extent of uploading Content, downloading
or displaying electronic documents, including but not limited to HTML documents
on this site, StrandVision, LLC. The phrase "StrandVision, LLC", "this
site", the word "we", the word "our", or any variations
thereof appearing within this Agreement represent StrandVision, LLC as a company,
its parent, subsidiaries or affiliated corporations, or any of their respective
employees, officers, directors, shareholders, affiliates, agents, suppliers,
third-party information providers, merchants, licensors, our services, features,
programs, graphics, publications, policies, documents and all else that may
be deemed to belong to StrandVision, LLC or that applies to a specific statement
or point.
2. TERMS AND CONDITIONS
StrandVision, LLC provides its services to you, subject to the
following Terms of Service ("Agreement"), which may be updated by
us from time to time without notice to you. In addition, when using particular
StrandVision, LLC services, you shall be subject to any posted guidelines or rules
applicable to such services that may be posted from time to time. All such guidelines
or rules are hereby incorporated by reference into the Agreement.
3. DESCRIPTION OF SERVICE
StrandVision, LLC currently provides users with access to a collection
of information sources, including personalized promotional content and branded
signage transmission through its network of properties (the "Service").
Unless explicitly stated otherwise, any new features that augment or enhance
the current Service, including the release of new StrandVision, LLC properties,
shall be subject to the Agreement. You understand and agree that the Service
is provided "AS-IS" and that StrandVision, LLC assumes no responsibility
for the timeliness, deletion, mis-delivery or failure to store any user communications
or personalization settings.
In order to use the Service, you must obtain access to the
Internet/World Wide Web, either directly or through devices that access Web-based
content, and pay any service fees associated with such access. In addition,
you must provide all equipment necessary to make such connection to the Internet/World
Wide Web, including a computer and modem or other access device.
4. STRANDVISION, LLC PRIVACY NOTICE
Registration Data and certain other information about you is
subject to our Privacy Notice. You acknowledge that,
despite our great efforts to uphold privacy to the best of our ability, as illustrated
by our privacy policy, data sent through the Internet, as can data at physical
locations that are even heavily guarded, can potentially be breached or read.
You therefore agree to indemnify StrandVision, LLC from all legal responsibility
and liability for such events as, but not limited to, security breaches, stolen
information, successful hacking attempts against this site, lost information,
or other actions that result in the untimely and unexpected release of information.
5. MEMBER CONDUCT
As a condition of your use of the Service, you warrant to StrandVision, LLC
that you will not use the Service for any purpose that is unlawful or prohibited
by these terms, conditions and notices. You understand that all information,
data, text, software, music, sound, photographs, graphics, video, messages or
other materials ("Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from which such Content
originated. This means that you, and not StrandVision, LLC, are entirely responsible
for all Content that you upload, post, email or otherwise transmit via the Service.
StrandVision, LLC does not control the Content posted via the Service and, as such,
does not guarantee the accuracy, integrity or quality of such Content. Under
no circumstances will StrandVision, LLC be liable in any way for any Content, including,
but not limited to, for 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 or otherwise transmitted via the Service.
You agree to abide by all applicable local, state, national
and international laws and regulations and are solely responsible for all acts
or omissions that occur under your account or password, including the content
of your transmissions through the Service. You agree to not use the Service
to:
- upload, post or otherwise transmit any Content that is
unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited
to, a StrandVision, LLC official, forum leader, guide or host, or falsely state
or otherwise misrepresent your affiliation with a person or entity;
- upload, post or otherwise transmit any Content that you
do not have a right to transmit under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or under nondisclosure
agreements);
- upload, post or otherwise transmit any Content that infringes
any patent, trademark, trade secret, copyright or other proprietary rights
("Rights") of any party;
- upload, post or otherwise transmit any material that contains
software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment;
- interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements, procedures, policies
or regulations of networks connected to the Service; or
- intentionally or unintentionally violate any applicable
local, state, national or international law, including, but not limited to,
regulations promulgated by the U.S. Securities and Exchange Commission, any
rules of any national or other securities exchange, including, without limitation,
the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and
any regulations having the force of law;
6. CONTENT SUBMITTED TO STRANDVISION, LLC
StrandVision, LLC does not claim ownership of the Content you place
on your site. You acknowledge that StrandVision, LLC does not pre-screen Content,
but that StrandVision, LLC and its designees shall have the right (but not the obligation)
in their sole discretion to refuse or remove any Content that is available via
the Service. Without limiting the foregoing, StrandVision, LLC and its designees
shall have the right to remove any content that violates the Agreement or is
otherwise objectionable. You agree that you must evaluate, and bear all risks
associated with, the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. In this regard, you acknowledge
that you may not rely on any Content created by StrandVision, LLC or submitted to
StrandVision, LLC.
You acknowledge and agree that StrandVision, LLC may preserve Content
and may also disclose Content if required to do so by law or in the good faith
belief that such preservation or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce the Agreement; (c) respond to claims
that any Content violates the rights of third-parties; or (d) protect the rights,
property, or personal safety of StrandVision, LLC, its users and the public.
7. INDEMNITY
You agree to indemnify, defend and hold StrandVision, LLC harmless
from and against any and all claims, damages, losses, liabilities, suits, actions,
demands, proceedings (whether legal or administrative), and expenses (including,
but not limited to, reasonable attorney's fees) threatened, asserted, or filed
by any third party due to or arising out of Content you submit, post to or transmit
through the Service, your use of the Service, your connection to the Service,
your violation of the Agreement, or your violation of any rights of another.
The terms of this section shall survive any termination of this Agreement.
8. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or
exploit for any commercial purposes, any portion of the Service, use of the
Service, or access to the Service without prior written approval from StrandVision, LLC.
9. PRACTICES REGARDING USE AND STORAGE
You acknowledge that StrandVision, LLC may establish general practices
and limits concerning use of the Service, including without limitation the maximum
number of days that uploaded Content will be retained by the Service, the maximum
bandwidth that will be allowed for a given period of time, the maximum disk
space that will be allotted on StrandVision, LLC's servers on your behalf, and the
maximum number of times (and the maximum duration for which) you may access
the Service in a given period of time. You agree to abide by these practices
and pay for the usage that exceeds the limits established for the Service. You
agree that StrandVision, LLC has no responsibility or liability for the deletion
or failure to store any Content maintained or transmitted by the Service. You
acknowledge that StrandVision, LLC reserves the right to log off accounts that are
inactive for an extended period of time. You further acknowledge that StrandVision, LLC
reserves the right to change these general practices and limits at any time,
in its sole discretion, with or without notice.
You expressly (i) grant to StrandVision, LLC a license to cache
the entirety of the Content, hosted by StrandVision, LLC under this Agreement and
(ii) agrees that such caching is not an infringement of any of Customer's intellectual
property rights or any third party's intellectual property rights.
10. MODIFICATIONS TO SERVICE
StrandVision, LLC reserves the right at any time and from time
to time to modify or discontinue, temporarily or permanently, the Service (or
any part thereof) with or without notice. You agree that StrandVision, LLC shall
not be liable to you or to any third party for any modification, suspension
or discontinuance of the Service.
11. TERM, TERMINATION, CANCELLATION POLICY
The initial term of this Agreement shall be as set forth in
your order (the "Initial Term"). The Initial Term shall begin when
your Service is activated. After the Initial Term, this Agreement shall automatically
renew for successive terms of equal length as the Initial Term, unless terminated
or cancelled by either party as provided in this section. The Initial Term and
all successive renewal periods shall be referred to, collectively, as the "Term".
This Agreement may be terminated (i) by either party by giving
the other party 30 days prior written notice, (ii) by StrandVision, LLC in the event
of nonpayment for Service, (iii) by StrandVision, LLC, at any time, without notice,
if, in StrandVision, LLC's judgment, you are in violation of any term or condition
of the Agreement or your use of the Service disrupts or, in our judgment, could
disrupt, our business operations.
You agree that upon termination, StrandVision, LLC will terminate
your password, account, use of the Service, and remove and discard any Content
within the Service.
If you cancel this Agreement prior to the end of the Term,
(i) you shall be obligated to pay all fees and charges accrued prior to the
effectiveness of such cancellation, (ii) StrandVision, LLC shall refund to you all
pre-paid fees for Service for the full months remaining after effectiveness
of cancellation (i.e., no partial month fees shall be refunded). Any cancellation
request shall be effective 30 days after receipt by StrandVision, LLC, unless a
later date is specified in such request.
If StrandVision, LLC cancels this Agreement prior to the end of
the Term, StrandVision, LLC shall not refund to you any fees paid in advance of
such cancellation and you shall be obligated to pay all fees and charges accrued
prior to the effectiveness of such cancellation. You agree that StrandVision, LLC
shall not be liable to you or any third party for any termination of your access
to the Service.
12. THIRD PARTY LINKS/STATEMENTS
The Service may provide, or third parties may provide, links
to other Internet/World Wide Web sites or resources or statements made by third
parties. StrandVision, LLC may, but is not obligated to monitor such third party
link and statements for accuracy, legality, ownership or other characteristics,
and makes no representations in connection therewith. You acknowledge and agree
that StrandVision, LLC is not responsible for the availability of such external
sites or resources, and does not endorse and is not responsible or liable for
any content, advertising, products, or other materials on or available from
such sites or resources. You further acknowledge and agree that StrandVision, LLC
shall not be responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with use of, dealings
with or reliance on any such content, goods or services available on or through
any such site or resource or as the result of the presence of such links or
statements on the Service.
All product and brand names mentioned on this website are trademarks
of their respective owners, and any mention thereof on this website is for informational
purposes only and does not necessarily constitute an endorsement or a recommendation
thereof by StrandVision, LLC.
13. PROPRIETARY RIGHTS
StrandVision, LLC owns all right, title and interest in and to
the Service and StrandVision, LLC's trade names, trademarks, service marks, inventions,
copyrights, trade secrets, patents, know-how, logos, labels, slogans, captions
and other intellectual property rights relating to the design, function, marketing,
promotion, sale and provision of the Services, site and the related hardware,
software, systems ("Marks"). Nothing in this Agreement constitutes
a license to Customer to display, use or resell the Marks without StrandVision, LLC's
prior written permission.
You acknowledge and agree that the Service and any necessary
software used in connection with the Service ("Software") contain
proprietary and confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content contained
in sponsor advertisements or information presented to you through the Service
or advertisers is protected by copyrights, trademarks, service marks, patents
or other proprietary rights and laws. Except as expressly authorized by StrandVision, LLC
or advertisers, you agree not to modify, rent, lease, loan, sell, distribute
or create derivative works based on the Service or the Software, in whole or
in part.
StrandVision, LLC grants you a personal, non-transferable and non-exclusive
right and license to use the object code of its Software on a single computer;
provided that you do not (and do not allow any third party to) copy, modify,
create a derivative work of, reverse engineer, reverse assemble or otherwise
attempt to discover any source code, sell, assign, sublicense, grant a security
interest in or otherwise transfer any right in the Software. You agree not to
modify the Software in any manner or form, or to use modified versions of the
Software, including (without limitation) for the purpose of obtaining unauthorized
access to the Service. You agree not to access the Service by any means other
than through the interface that is provided by StrandVision, LLC for use in accessing
the Service.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE AND ANY INFORMATION OBTAINED THORUGH OR FROM STRANDVISION, LLC
IS AT YOUR SOLE RISK. THE SERVICE PROVIDED UNDER THIS AGREEMENT ARE PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. STRANDVISION, LLC
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- STRANDVISION, LLC MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, COMPLETE, RELIABLE,
OR HOLD ANY VALIDITY WHATSOEVER, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE
WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
STRANDVISION, LLC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE AGREEMENT.
15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCE
SHALL STRANDVISION, LLC BE HELD RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF STRANDVISION, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST
OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT,
STRANDVISION, LLC'S MAXIMUM LIABILITY UNDER THIS AGREEMENT FOR ALL DAMAGES, LOSSES,
COSTS AND CAUSES OF ACTIONS FROM ANY AND ALL CLAIMS (WHETHER IN CONTRACT, TORT,
INCLUDING NEGLIGENCE, QUASI-CONTRACT, STATUTORY OR OTHERWISE) SHALL NOT EXCEED
THE ACTUAL DOLLAR AMOUNT PAID BY CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO
SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 12-MONTH PERIOD PRIOR
TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
THIS LIMITATION OF LIABILITY REFLECTS AN INFORMED, VOLUNTARY
ALLOCATION BETWEEN THE PARTIES OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST
IN CONNECTION WITH THIS AGREEMENT. THE TERMS OF THIS SECTION SHALL SURVIVE ANY
TERMINATION OF THIS AGREEMENT.
16. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND 15 MAY
NOT APPLY TO YOU.
17. NOTICE
Notices to you may be made via either email or regular mail.
The Service may also provide notices of changes to the Agreement or other matters
by displaying notices or links to notices to you generally on the Service. Additions
and modifications that have taken place to this Agreement within the past month
will often be italicized.
18. COPYRIGHTS AND COPYRIGHT AGENTS
StrandVision, LLC respects the intellectual property of others,
and we ask our users to do the same. If you believe that your work has been
copied in a way that constitutes copyright infringement, please contact us and
provide the following information:
- an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has
been infringed;
- a description of where the material that you claim is infringing
is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner, its agent, or the
law;
- a statement by you, made under penalty of perjury, that
the above information in your notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf.
19. GENERAL INFORMATION
This Agreement constitutes the entire agreement between you and
StrandVision, LLC and govern your use of the Service, superceding any prior agreements
between you and StrandVision, LLC. You also may be subject to additional terms and
conditions that may apply when you use other software and services provided
by StrandVision, LLC or third party software, services or equipment. The Agreement
and the relationship between you and StrandVision, LLC shall be governed by the
laws of the State of Wisconsin without regard to its conflict of law provisions.
You and StrandVision, LLC agree to submit to the personal and exclusive jurisdiction
of the courts located within the county of Eau Claire, Wisconsin. The section
titles in the Agreement are for convenience only and have no legal or contractual
effect. The failure of StrandVision, LLC to exercise or enforce any right or provision
of the Agreement shall not constitute a waiver of such right or provision. If
any provision of the Agreement is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court should endeavor
to give effect to the parties' intentions as reflected in the provision, and
the other provisions of the Agreement remain in full force and effect. You agree
that regardless of any statute or law to the contrary, any claim or cause of
action arising out of or related to use of the Service or the Agreement must
be filed within one (1) year after such claim or cause of action arose or be
forever barred.
QUESTIONS? COMMENTS? SUGGESTIONS?
If you have unanswered questions about our terms of service
or have a suggestion for StrandVision, LLC, please e-mail us at suggest
@
StrandVision.com
or visit our contact page for more options. All questions, comments, and suggestions
are both welcomed and encouraged.
Version 1.01 - 12/1/2003