Strands - The Ultimate Digital Training Log For Active People

Terms of Use Agreement

Last Revised: March 9, 2009

This Terms of Use Agreement ("Terms") governs your use of the site strands.com and its subdomains (the "Sites" and each a "Site") and the Sites' online services (the "Services" and each a "Service").

By accessing the Sites as an unregistered user, you agree to these Terms. If you do not agree to these Terms, you may not access the Sites. If you register to use the Service, you represent that you are at least 13 years of age, and you expressly accept these Terms. If we believe that you have misrepresented your age in registering for the Sites, we may delete your account and postings and deny you access to the Site without notice to you.

Please read these Terms carefully and print a copy for your records.

Strands may, in its sole discretion, change or amend these Terms at any time. Notice of such changes will be posted on the Sites. Your continued use of the Sites and Service following notice of such changes will mean you accept any such modification. If you do not agree to any such changes, you must (as your sole remedy) immediately stop using the Sites and the Services. Any attempt by you to modify these Terms is void.

Strands takes your privacy seriously. To view our privacy policy, click here.

Third Party Content and Services

You are solely responsible for ensuring that you have all necessary rights and permissions to use content recommended by Strands or by users of the Service. Strands does not grant you any license rights to third party content. Any use of third party content by you that violates the law or the rights of another is prohibited by and a violation of these Terms.

Services offered by third parties may be linked to and/or recommended by the Service. Before you use such services, you should carefully review the terms of use and the privacy policy of the provider. Strands is not responsible for your use of third-party services. Linked websites are not under the control of Strands, and Strands is not responsible for the accuracy or content of such websites. Strands makes no representation concerning the terms of use, privacy policies or content of these sites to you. If you decide to access linked third party websites, you do so at your own risk.

User Submitted Content

From time to time, you may submit to us copies of works of authorship ("Content"). You retain all ownership rights to any Content posted to or transmitted by you through the Service to which you are entitled by law. We do not claim any ownership rights to any Content posted to or transmitted by you through a Strands Service. However, by uploading Content to one of our Sites, you grant, represent and warrant that you have the right to grant, and/or represent and warrant to us that the owner of the copyright has granted a perpetual, royalty-free, irrevocable right and license to display, perform, reproduce, adapt, and distribute such Content, and to incorporate such Content into any form, medium, or technology now known or later developed. In addition, you represent and warrant to us that all so-called moral rights or their equivalents worldwide in the Content have been waived.

You may encounter Content submitted by other users on the Sites. You must use your own judgment in evaluating this Content, and you agree that Strands is not responsible for this Content.

Although Strands does not exercise editorial control over user-submitted Content, we reserve the right to take action to prevent the misuse of the Service for unlawful or objectionable Content. Accordingly, you agree not to use the Service to post, upload, or transmit any Content that is:

1. unlawful under the laws of any jurisdiction to which you or Strands are subject;
2. harmful, threatening, harassing, defamatory, invasive of the privacy of another, or obscene (including without limitation any images or depictions of child abuse, child pornography, or minors engaged in sexual conduct or explicitly sexual situations);
3. insider information, or any other proprietary or confidential information;
4. an infringement of any patent, trademark, trade secret, copyright or other intellectual property right;
5. falsified, including without limitation the use of forged headers or otherwise manipulated identifiers in order to disguise its origin; or
6. containing or transmitting software viruses or any other malicious computer code, files or programs designed to gain unauthorized access to a computer, or to interrupt, destroy or limit the functionality of any computer software.

Identifying Images or Tags

Users of our Services have the opportunity to identify themselves to other users of the Sites with images or tags. If you use a photograph of yourself or a tag that includes personal information, any person may be able to identify you with any information you have chosen to display. Tags and profile photos are Content subject to the restrictions in the preceding paragraph of these Terms, and may not be used to impersonate or violate the privacy of another person.

Comments, feedback, suggestions, or ideas related to the improvement of the Service and submitted to Strands by you (collectively "Comments") are not "Content" as defined above. In consideration of your use of the Sites and Services, you hereby assign all right, title and interest in and to such Comments to Strands.

Use of Services

Your use of the Services is at the sole discretion of Strands, which may deny you further use of the Services at any time, for any reason, with or without cause, including, without limitation, for your violation of these Terms, failure to provide accurate registration data, misuse of the service including for commercial purposes, or overall lack of use. You may also terminate your use of the Service at any time. In the event of termination, whether by you or by Strands, your responsibility for your past use of the Sites or Service will survive, including without limitation your warranty and indemnity obligations. Your use of the Services must always comply with applicable law, including without limitation all applicable laws respecting copyright. You agree not to use the Services to impersonate any person or entity, or to falsely state or otherwise misrepresent your affiliation with any person or entity.

You may close your account and terminate the Service at any time, just log in to your account, click on "settings", select "my account", then click on "delete account".

Unauthorized uses of the Services include without limitation: altering or deleting Content posted by another user; harassing other users or disrupting the dialogue among other users; collecting usernames, email addresses, or other personal information of members for any commercial purpose, including without limitation advertising, marketing, and sending of unsolicited communications about any goods or services; and any other act that imposes an undue burden on the infrastructure of our Service. You may not use the Service to advertise or market goods, services, or business opportunities or to circulate petitions, request donations, offer club memberships, distribute chain letters or otherwise solicit other users. You are not authorized to present any of the Sites, or any part of any of the Sites, in a "frame" or inline link on any other site. You may not try to copy, decode, reverse-engineer, decompile or disassemble the software used by us to provide the Service, including without limitation Java applets associated with the Service. Unauthorized or illegal uses of the Sites and Services will be investigated, and appropriate action will be taken.

Our Compliance With Copyright Law

We will comply with all applicable laws respecting copyright. If you believe your copyright in a work has been infringed through one of our Sites, please contact our agent for notice of claims of copyright violation:

Strands Labs, Inc. Attn: General Counsel 760 SW Madison Ave., Suite 106 Corvallis, Oregon 97333

You must provide our agent with the following information in writing:

1. a description of the copyrighted work you believe has been infringed;
2. information sufficient to identify the location of the allegedly infringing material on Strands;
3. your address, telephone number, and email address;
4. a statement to the effect that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
5. a declaration, under penalty of perjury, that the information you have provided is accurate and that you are the owner of the copyright involved or you are authorized to act on behalf of that owner; and
6. your physical or electronic signature. Upon receiving your complaint, we may remove content that you believe infringes your copyright. In addition, we may terminate the account of the registered user responsible for posting or transmitting the infringing material.

Strands Not Liable for Misuse by Third Parties of Posted Content

Strands has implemented certain procedures designed to reduce the likelihood that Content posted to the Sites may be altered or otherwise misused by third parties. However, we cannot guarantee that unauthorized alteration or misuse will not occur. As to any Content you post to any of the Sites, you agree to waive any and all claims you may have against Strands, and to hold us harmless, for any unauthorized alteration or misuse of such Content, including without limitation claims arising under the laws of countries other than the United States for derogation of "moral rights".

User Information

To register for the Service you must provide a screen name, email address, and password and certify that you are 13 years of age or older. Optional additional information includes a mobile number (to receive SMS text message alerts), your name and your zip code. Providing the optional information allows the Service to offer you additional features or information. All the information you provide at registration or when amending your user profile is, collectively, your "User Information". We will treat your User Information in accordance with our Privacy Policy. You are responsible for keeping your password secure and for ensuring that your email address is current. You agree to receive exclusively via email, to the address last provided to Strands, any notice that we are required or choose to send to you. You will promptly notify Strands if you discover any unauthorized use of your User Information.

Alerts

You may set up the Service to notify you of certain events or conditions. Alerts will be sent to your email address or, at your option, to your SMS text message account. The alerts can generally be read by anyone with access to your email or SMS account. The alerts are part of the Service and are subject to these Terms, including the disclaimer of warranties and limitation of liability provisions. You release and hold Strands harmless from any and all liability arising from or related to delayed delivery of alerts, failure to deliver alerts, misdirected alerts, acts taken in reliance on alerts, and/or errors/omissions in the content of alerts.

To cancel the SMS service, text STOP to 81890 and you will be unsubscribed immediately. We will send you an SMS message confirming that you have been unsubscribed and you will not receive any additional SMS messages unless you re-register on our Site. Our service never charges users to send or receive text messages. However, according to your individual mobile service plan, your wireless carrier’s standard text messaging rates, data plan rates, or other charges, will apply.

Representations

You represent that your User Information is true and correct; that the account information you provide is true, current, and complete; and that if you register on behalf of a corporation, company or other legal entity you have authority to bind that entity.

Indemnification

You agree to defend, indemnify and hold harmless Strands and its officers, directors, employees, contractors and affiliates from and against any and all claims, damages, costs, and expenses (collectively "Claims"), including without limitation claims based upon the alleged negligence of Strands, arising from or related in any way to (1) your use of any Strands Service, the materials it contains, and any sites linked to it; or (2) your breach of any representation, warranty, or material provision of these Terms.

Disclaimer of Warranties

Strands strives to provide the Service in accordance with the highest industry standards for accuracy, reliability, and security. However, due to the nature of the Service, you agree that:

• Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. Strands expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to implied warranties of fitness for a particular purpose, merchantability, non-infringement, quality, performance, non-interference with information, and accuracy of informational content. There is no warranty that information provided hereunder, our efforts, or any Service will fulfill any of your particular purposes or needs.
• Strands does not guarantee or warrant that your use of the Service will be uninterrupted, timely, secure, or error-free; that the results that may be obtained from the use of the Service will be accurate or reliable; that any errors in the technology will be corrected; or that the quality of any products, services, information, or other material purchased or obtained by you through or at the suggestion of the Service will meet your expectations.
• Any material downloaded or otherwise obtained through the use of the Services or Sites is done at your own discretion and risk and you will be solely responsible for any losses or claims, including without limitation for damage to your computer system or resulting loss of data.
• No information, whether oral or written, obtained by you from Strands or through a Strands Service will create any warranty not expressly stated in these Terms.

Limitations and Exclusions of Liability

Strands will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, or the cost of getting substitute goods or services, or the use, inability to use, unauthorized use, performance or non-performance of any third-party account (even if Strands has been advised of the possibility of such damages), whether based on contract, tort or any other legal theory, resulting from:

• The use or the inability to use the Service;
• unauthorized access to or alteration of your transmissions or data;
• statements or conduct of any third party on a Strands site; or
• any other matter relating to the Services.

If you are dissatisfied with the Service, or any of the information contained therein, or refuse to abide by these Terms, your sole and exclusive remedy is to discontinue your use. You further agree not to join in any lawsuit with another person or serve as a class representative of any class action lawsuit against Strands arising out of the use of the Service.

Strands Intellectual Property

The Sites and their content are protected by copyright, trademark, trade dress and other intellectual property rights. You may use the Sites and Service consistently with our rights. You may not reproduce or reuse our content for commercial purposes or otherwise except incidentally to your use of the Sites or Services.

Our trademarks or service marks include, without limitation, the following: MoneyStrands, MyStrands, MusicStrands, partyStrands, OpenStrands, What You Play Counts!, Social Player, and Strands. Any content copied, downloaded or printed from the Sites must retain all copyright, trademark and other notices of proprietary rights.

The Strands logos, and other trademarks, service marks, labels, product names and service names (collectively, the "Marks") are owned or licensed by Strands. You agree not to copy, display or otherwise use any of the Marks (except incidentally to your use of the Service) without the prior written permission of Strands. Notwithstanding the foregoing, the Marks may not be used in any manner likely to cause confusion, disparage or dilute these marks and/or in connection with any product or service that is not authorized or sponsored by Strands, Inc.

The entire Site, and all content including without limitation look-and-feel, text, graphics, multimedia content, images, illustrations, audio and video clips, html and other mark up languages, and all scripts within the Site associated therewith, except for user-posted Content and third-party content used by permission, are copyright 2003-2009, Strands, Inc. All rights reserved.

Entire Agreement

These Terms constitute the entire agreement between you and us with respect to their subject matter. Strands or its affiliates may offer other sites and services with different terms. In the event of any conflict between these Terms and another written agreement between you and Strands, these Terms will be controlling as to your use of the Service.

Severability

If any provision of these Terms is deemed unlawful, void, voidable or unenforceable for any reason, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions.

Governing Law and Venue

These Terms will be governed by and construed in accordance with the laws of the State of Oregon, without giving effect to its rules respecting the conflicts of laws.

This contract is deemed made and is fully performable in Benton County, Oregon. Any litigation between the parties may be brought only in the state or federal courts having subject matter jurisdiction in Benton County, Oregon. You hereby irrevocably and unconditionally consent to the jurisdiction of any such court and waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, objection to venue with respect to any such action or proceeding, and objection to jurisdiction based on your place of residence or domicile