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.
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.
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.
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.
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:
StrandVision, LLC does not claim ownership of the Content you place on your signage. 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.
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.
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.
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 and make backup copies of 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.
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.
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 any usage requirements imposed by the Service are not met or exceeded, (iv) 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 have the option to 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.
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.
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 including U.S. patent #7,685,259. 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.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
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.
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.
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.
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:
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.
If you have unanswered questions about our terms of service or have a suggestion for StrandVision, LLC, please e-mail us at mjstrand@StrandVision.com or visit our contact page for more options. All questions, comments, and suggestions are both welcomed and encouraged.
Version 1.02 - 05/21/2010