This Terms of Use Agreement ("Agreement") constitutes a valid, binding contract between you and MediaStrands, Inc, an Oregon corporation ("MyStrands"), the owner and operator of the site accessible through www.MyStrands.com, with respect to the use of this website (the "Site"). The products and services of MyStrands are provided subject to compliance with the terms of this Agreement. Your use of this Site signifies and constitutes your acceptance of this Agreement, as it may be amended from time to time. Please read this Agreement carefully as it forms a binding contract between you and MyStrands. Please print a copy of this agreement for your records. MyStrands takes the issue of privacy on the Internet very seriously. To view our privacy policy, click here.
The content of the Site is for your personal, noncommercial use. Content copied, downloaded or printed must retain all the copyright, trademark and other proprietary notices. For commercial use of any portion of the contents you must secure the written consent from the appropriate content provider.
Your use of the Site is at the sole discretion of MyStrands, which may deny you further use of the Site at any time, for any reason, with or without cause. Your use of the Site must always comply with applicable law. In particular, but without limitation, you agree and represent not to use the Site to:
As a user of the Site, you acknowledge that you may provide information regarding your tastes and preferences, and you hereby authorize MyStrands to use such information to enhance the value of our products. Any information that MyStrands collects about you will be used to enhance your use of our products. By using our products, you consent to the collection and use of this information by MyStrands within any of our affiliated products.
From time to time, you may submit to MyStrands copies of digital sound recordings, photography, video, lyrics, biographical information and other electronic media (collectively known as “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. MyStrands does not claim any ownership rights to any Content posted to or transmitted by you through the Service. However, by uploading Content to any page or forum, you automatically grant (or represent and warrant to us that the owner of such rights has expressly granted) to us a perpetual, non-exclusive, royalty-free, revocable right and license to display and perform the Content for the MyStrands audience. This includes the right to reproduce, adapt, publish and display such information for the enjoyment of the MyStrands audience and the promotion of MyStrands’ products. Likewise, you grant us the right to incorporate such information 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 in the information have been waived.
Comments and suggestions submitted to MyStrands, including comments and suggestions submitted by e-mail to the MyStrands management, do not constitute “Content” and will become the intellectual property of MyStrands. By submitting comments and suggestions, you waive all ownership rights to the intellectual property that may be derived from such submissions.
Although MyStrands does not exercise editorial control over the Content, and further recognizes that art comes in many forms, 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 MyStrands 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 interrupt, destroy or limit the functionality of any computer software. You agree to indemnify and hold harmless MyStrands from any liability incurred as the result of your violation of these Terms, in accordance with the applicable provisions of these Terms.
There are limited restrictions on the kinds of "tags" and “profile photos” that can be submitted via MyStrands products: Tags or photos depicting celebrities, politicians, world leaders or convicted criminals are not permitted. In addition, nothing "newsworthy", obscene, offensive, blasphemous, pornographic, menacing, supportive of unlawful action "or otherwise objectionable" is allowed.
Organizations, companies, and/or businesses other than Independent Labels may not use the Service for any purpose without our express consent. Illegal and/or unauthorized uses of the Site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken. MyStrands reserves the right to make changes to this Agreement at any time without prior notice or warning.
MyStrands will comply with all applicable laws respecting copyright. If you believe your copyright in a work has been infringed through MyStrands, please contact our agent for notice of claims of copyright violation:
MediaStrands, Inc.
Attn: General Counsel
760 SW Madison Ave. Suite 106 Corvallis, Oregon 97333
dmca@mystrands.com
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 MyStrands; (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; (4) 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; (5) 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.
MyStrands has implemented certain procedures designed to reduce the likelihood that Content posted to the site may be altered or otherwise misused by third parties. However, MyStrands cannot guarantee that unauthorized alteration or misuse will not occur. By posting Content with MyStrands, you agree to waive any and all claims you may have against MyStrands, including but not limited to claims arising under the laws of countries other than the United States for derogation of “moral rights,” and to hold MyStrands harmless, for any unauthorized alteration or misuse of the Content.
The Site may contain links to third party websites. Such third party websites are not under the control of MyStrands. Please note that MyStrands is not responsible for the accuracy or content of websites of other providers that may have links from this Site. Accordingly, MyStrands can make no representation concerning the terms of use, privacy policies or content of these sites to you, nor can the fact that MyStrands has provided this link serve as an endorsement by MyStrands of this or any other site. In creating hypertext links to any other website, MyStrands is not recommending that website or giving any assurances as to its standing. MyStrands is providing this link only as a convenience to you. The inclusion of these links is not intended to reflect their importance, nor is it intended to endorse any views expressed, or products or services offered, on these outside sites, or the organizations sponsoring the sites. MyStrands makes no warranties, explicit or implied, regarding the performance of the links, the performance of the outside sites or the contents of the outside sites. If you decide to access linked third party websites, you do so at your own risk.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS MYSTRANDS AND ITS AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION CLAIMS BASED UPON THE NEGLIGENCE OF MYSTRANDS, ARISING FROM OR RELATED TO YOUR USE OF THE SITE, THE MATERIALS IT CONTAINS, AND ANY SITES LINKED TO THIS SITE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MYSTRANDS SHALL NOT BE 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 MYSTRANDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, 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 MYSTRANDS ARISING OUT OF THE USE OF THE SITE. MYSTRANDS SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY SITES IN RELATION TO THE INFORMATION PROVIDED IN THIS SITE.
The Site is protected by copyright, trademark, trade dress and other intellectual property rights.
MyStrands may update, revise, supplement, modify or amend this Agreement at any time. Any updates, revisions, supplements, modifications or amendments shall be effective immediately upon its posting on the Site. You agree that you will be bound by this Agreement, however and whenever it is updated, revised, supplemented, modified, or amended, whether you have actual or constructive notice of, and whether you have used or continue to use the Site after, the updates, revisions, supplements, modifications or amendments.
You agree not to upload or transmit any communications or content of any type that infringes or violates any rights of any party. It is our policy not to permit materials known by us to be infringing to remain on the site. MyStrands has made every effort to secure appropriate clearances for all proprietary intellectual properties used on this site. If you believe any material on this site is infringing, please contact us immediately. Pursuant to the Digital Millennium Copyright Act, DMCA, we have registered an agent to receive copyright claims ("Designated Agent"). You may notify us of alleged intellectual property rights infringement by contacting our Designated Agent at: MediaStrands, Inc. Attn: General Counsel 760 SW Madison Ave. Suite 106 Corvallis, Oregon 97333 dmca@mystrands.com Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set for the in the DMCA. You are encouraged to review them (see 17 U.S.C. § 512(c)(3)) before sending your claim. Upon receipt of notice of claimed infringement, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue. Please do not send any other communications to the Designated Agent, who is appointed solely for the purposes of receiving notices of copyright claims under the DMCA.
This Agreement constitutes the entire agreement between you and MyStrands with respect to your use of the Site. There are no other representations, warranties, terms, agreements or conditions, either written or oral, with respect to your use of the Site except as set forth in this Agreement.
If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason, then that provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of any remaining provisions.
This Agreement, the entire relationship between you and MyStrands, and any litigation or other legal proceeding between you and MyStrands (whether grounded in tort, contract, law or equity) shall be governed by and construed in accordance with the laws of the State of Oregon, without giving effect to its choice of law rules.
This contract is fully performable in Benton County, Oregon. Any litigation arising between the parties hereto shall 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 hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.
MyStrands may terminate your right to use this Site, with or without cause at any time in its sole discretion, including, without limitation, your violation of this Agreement, failure to provide accurate registration data, and lack of use. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.