Please read these Terms of Service ("Terms") carefully. By downloading, accessing or using the Strings Media, Inc. (“Strings Media, Inc.”, “we”, “us” or “our”) Strings application (“Strings”) or internet website (“Site”) (collectively "Services"), you agree to be bound by these Terms. If you do not agree to all of these Terms, do not use the Services.
Strings is intended for use by people who are 13 years of age and older, and persons under the age of 13 are prohibited from creating Strings accounts. You are entirely responsible for any Content you post to Strings and any harm that may result from it. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, a video file, or computer software.
If you create an account on Strings, you are responsible for maintaining the security of your account. You are responsible for all activities that occur under the account and any other actions taken in connection with the account. You must take reasonable steps to guard the security of your account. We will not be liable for any acts or omissions resulting from a breach of security, including any damages of any kind incurred as a result of such acts or omissions.
We claim no ownership or control over any Content that you post to Strings. By submitting Content to Strings, you hereby grant us a non-exclusive, worldwide, royalty-free, sublicensable and transferable license to use, reproduce, modify, adapt, publish, create derivative works from, distribute, perform and display such Content in connection with the Services, subject to your use of Strings to control who can see your Content.
If you delete Content, we will use reasonable efforts to remove it from the Services, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
By posting Content, you represent that you have the rights to reproduce the Content (and the right to allow us to serve the Content) without violation of the rights of any third party. You agree that you will bear any liability resulting from the posting of any Content that you do not have the rights to post.
All Content posted to Strings in any way, is the responsibility of the user who posted the Content. Within the confines of international and local law, we will generally not place a restriction on the type or appropriateness of any Content. If Content is deemed illegal by any law having jurisdiction over you, you agree that we may submit any necessary information to the proper authorities.
We do not pre-screen Content. However, you acknowledge that we have the right (but not the obligation), in our sole discretion, to remove or refuse to remove any Content from the service. You also agree that we may, without limitation, take any steps necessary to remove Content from the site search engine or member directory, at our sole discretion.
Objectionable Content includes, but is not limited to, any material that promotes discrimination, hate speech, harassment, threats, or any form of harmful behavior. Objectionable Content will not be tolerated.
Abusive users are those who engage in activities that produce Objectionable Content and may be banned or suspended from the service.
You agree that by using the Services, you may be exposed to Content you find offensive or objectionable. You are always free to delete Content or block a user whose Content you find offensive. You agree that we are not responsible for removing offensive Content.
Strings is meant to be a safe place to share without fear of unwanted publicity or visibility. You agree to respect the privacy of other users by not reproducing content on Strings. Strings detects the use of screenshots and you agree that if you take screenshots while using Strings that this usage will be reported to other users in the conversation. Taking screenshots will lead to suspension of your account.
You agree not to upload, post, or otherwise transmit any Content that is harmful, threatening, abusive, hateful, invasive to the privacy and publicity rights of any person, or that violates any applicable local, state, national, or international law, including any regulation having the force of law.
You agree not to upload, post, or otherwise transmit any Content that is spam, or contains unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing).
You agree not to maliciously impersonate any real person or entity, including but not limited to a Strings, Inc. staff member or volunteer, or to otherwise misrepresent your affiliation with any person or entity.
You agree not to 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).
You agree not to interfere with or disrupt Strings or servers or networks connected to Strings, or disobey any requirements, procedures, policies or regulations of networks connected to Strings including uploading, posting or otherwise transmitting any Content that contains viruses, worms, malware, Trojan horses or other harmful or destructive content.
You agree not to use Strings to solicit passwords or personal identifying information for unintended, commercial or unlawful purposes from other users.
You agree not to provide any material that is illegal under United States law.
You agree not to enable or allow usage by others in such a way as to violate these Terms including making excessive or otherwise harmful automated use of Strings, accessing any other person's account, or exceeding the scope of Strings that you have signed up for; for example, accessing and using features you don't have a right to use.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of Strings, use of Strings, or access to Strings.
Strings may include renewable in-app purchases that allow you to subscribe to content within the app ("Auto-Renewable Subscription"). If it does, it will not be necessary to make any In-App Purchases in order to use Strings. Whilst you cannot switch off In-App Purchases from being offered to you within Strings and there is no cap on the number of Auto-Renewable Subscriptions you can make, you can switch off/manage your ability to complete Auto-Renewable Subscription by altering the settings on the device you use to access the Strings app. You acknowledge and agree that you are fully responsible for managing your Auto-Renewable Subscription and the amount you spend on Auto-Renewable Subscription within the Strings app.
If you are under 18 then you must have your parents' or guardians' permission to make any In-App Purchases. By completing an In-App Purchase, you are confirming to us that you have any and all permission that may be necessary in order to allow you to make that In-App Purchase.
More information about how you may be able to switch off and/or manage In-App Purchases using your device may be set out in the Apple iTunes's terms and conditions/EULA, in your device's help settings or online. If you are a parent or guardian of someone under the age of 18 we recommend that you consider any parental controls that may be provided by the Apple iTunes if you are concerned that your child may make excessive In-App Purchases.
Auto-Renewable Subscriptions can only be consumed within Strings app. If you buy an Auto-Renewable Subscription, that Auto-Renewable Subscription can be cancelled for next billing period. Auto-Renewable Subscriptions cannot be redeemed for cash or other consideration or otherwise transferred. If you make any In-App Purchases in Strings app, then the Apple iTunes’s terms and conditions/EULA applicable to In-App Purchases will also apply.
If any Auto-Renewable Subscription is not accessible, we will, after becoming aware of the fault or being notified of the fault by you, investigate the reason for the fault. We will act reasonably in deciding whether to provide you with a patch to repair the fault. In no event will we charge you anything further to replace or repair the Auto-Renewable Subscription. In the unlikely event that we are unable to replace or repair the relevant Auto-Renewable Subscription or are unable to do so within a reasonable period of time and without significant inconvenience to you, we will authorize the Apple iTunes to refund you an amount up to the cost of the relevant Auto-Renewable Subscription. Alternatively, if you wish to request a refund, you may do so by contacting the Apple iTunes directly. In-app purchases are purchased from and billed by Apple iTunes, not Strings. These purchases are subject to the terms and conditions of Apple iTunes. All billing and refund inquiries must be directed to Apple iTunes.
You acknowledge and agree that all billing and transaction processes are handled by the Apple iTunes from whose platform you downloaded the Strings from and are governed by the Apple iTunes’s terms and conditions/EULA. If you have any payment related issues with In-App Purchases then you need to contact the Apple iTunes directly.
Subscribers who have made an in-app purchase through Strings app may use the Restore button on the paywall, for example, when re-installing the application on an existing Apple or new Apple device. A restore can only be completed on devices which share the same Apple ID as the initial purchase.
On your iPhone, iPad, or iPod touch
The Premium Strings program provides your fans the ability to show support for you by paying to subscribe for access to your Premium String. People using the Strings Service may make monthly subscription payouts (“Subscription”) to get access to your Premium Strings.
When you create your Premium Strings account, you will determine the specific price(s) of your Subscription(s) (based on the Subscription pricing options built into the feature), provided Strings reserves the right, in our discretion, to place restrictions or limitations on Subscriptions to your Premium Strings, including, without limitation, the amount that may be charged for a particular Subscription, who may purchase a Subscription (for example, a minimum age requirement to purchase a Subscription), and the number of Subscriptions that may be purchased to a specific Premium String account. In addition, Strings may from time to time, in its sole discretion, change (e.g., add or remove) types or values of Subscription pricing, payout methods made available to persons purchasing Subscriptions or any other Program-related features.
You acknowledge that information about your Premium Strings account, including, the number of subscribers and identity of the purchasers of Subscriptions, may be publicly displayed on, or associated with, your account so long as it is available on the platform.
You further acknowledge that Strings reserves the right to handle and analyze content from your Premium Strings account in the same manner as content you publicly post outside of your Premium Strings account on the platform.
In order to make Subscriptions available to your Premium Strings account and to earn revenue generated by the purchase of Subscriptions from Strings, we may require you to be approved to be part of the Program
Strings uses a third party payout Processor (“Payout Processor”) to process revenue share payouts generated from Subscriptions sold to your Subscribers. To be part of the Program, you will first need to create an account with the Payout Processor who will require you to meet certain identity verification requirements, such as providing proof of identity and/or residence. You will also be required to submit payout and tax information to the Payout Processor. If Strings or the Payout Processor determines as part of the application or payout onboarding process, or later, that payouts cannot be made to you for any reason, you cannot be part of the Program. By accepting these Terms, you expressly authorize Strings to access data about your Payout Processor connected account activity and transactions and to conduct other activities in connection with the processing and monitoring of revenue payouts under these Terms.
Subject to these Terms, you agree that Strings has the right to offer, display, and make available your Premium Strings through the Strings Service and sell Subscriptions to your fans, and in exchange for those licensed rights and your providing the benefits and features of your Premium Strings account, you can earn revenue generated from the Subscriptions purchased from Strings, as further described below.
You agree that the following rules and restrictions apply to participation in the Program, the sale of Subscriptions and receipt of revenue generated from Strings selling Subscriptions:
Violation of any of the above rules and restrictions may lead to termination of your participation in the Program and/or your forfeiture of any share of revenue generated from the sale of Subscriptions to your Premium Strings account.
Any and all revenue share payouts made to you will be handled by the Payout Processor. The processing of revenue payouts will be subject to, and you agree to comply with, the user agreements, terms of service and privacy policies of the Payout Processor and your bank. Strings will not be responsible or liable for any errors made by the Payout Processor or your bank. All revenue share payouts will be made in US Dollars. If you desire revenue share payouts in your local currency, the Payout Processor will handle the conversion, provided you will be responsible for any conversion or transfer fees. In addition, select forms of payout may carry additional processing fees that you are responsible for paying. When we share revenue with you, we will provide revenue share payout to you through the Payout Processor approximately 30 days following the end of the month in which the Subscriptions revenue was received, except as otherwise set forth herein.
You are responsible for promptly responding to any inquiries and requests that are sent to you related to Subscriptions sold to your Premium Strings account. You further acknowledge that you are responsible for disputes relating to Subscriptions sold to your fans. Notwithstanding the foregoing, you agree that Apple’s respective customer support team can make a determination (in its discretion) on refund and/or chargeback requests that are directed to Apple in response to customer complaints and to comply with applicable laws. Where revenue payouts that you have received from the purchase of Subscriptions are subject to any chargeback or refund/credit process, we or the Payout Processor may suspend, set-off (against any future revenue share payouts due to you), invoice you or otherwise recoup the amount of those payouts previously made or credited to you (plus any associated fees) and remove such payouts from your receipt history.
In order to receive revenue share payouts, you are responsible for making sure your tax, banking and/or other payout information provided to the Payout Processor is up-to-date, complete and accurate. If the Payout Processor is unable to make a payout to you for any reason, we may terminate or suspend your eligibility to receive revenue share payouts under these Terms and/or participate in the Program. Any payout to you is always conditioned upon any fraud and other legal checks that we or the Payout Processor may (in our and their discretion) put in place and conduct.
The Premium Strings Program will disperse 100% of all subscription revenue less processing and handling fees, App Store fees, and other expenses incurred on behalf of Strings in providing you this service. Access to the Premium Strings Program is provided on a subscription basis detailed below.
For a monthly fee of $9.99 USD, you can create up to 5 Premium Strings. For a monthly fee of $19.99 USD you can create up to 15 Premium Strings. For the monthly fee of $29.99 USD you can create up to 25 Premium Strings. For a monthly fee of $49.99 USD, you are awarded Brand Status and the ability to create an infinite number of Premium Strings as well as having access to brand related features such as the ability to assign multiple brand managers to your account.
Subscriptions are not legal tender, currency, currency equivalents, electronic money or any type of financial payout instrument (or linked to any of these things), and Subscriptions have no monetary value and do not constitute property. We do not promise that the purchase of Subscriptions can be used to redeem any guaranteed sum of money, or any money at all. You agree that we have the sole right to manage, regulate, control, terminate, and/or modify the license rights underlying Subscriptions as we see fit, without liability to you. You agree that we will not be liable to you, and you will not assert that we are liable to you, based on the sale of Subscriptions to your Premium Strings account, including for any share of revenue generated from the sale of Subscriptions.
We also have the right to stop the sale of Subscriptions and redemption of Subscriptions altogether, in our sole discretion, without any liability to you.
We also do not guarantee that everyone with access to your Premium Strings account will have purchased a Subscription.
You are responsible for paying applicable Taxes (as defined below), if any, due to taxing authorities arising from, or in connection with, your receipt of any revenue share generated from Subscription sales. Strings may deduct or withhold any Taxes that it may be legally obligated to deduct or withhold from any amounts payable to you, and payout to you as reduced by such deductions or withholdings will constitute full payout and settlement of the amounts payable under these Terms. Each party will provide the other party with any tax documentation reasonably necessary to process payouts hereunder. As used above, “Taxes” means any income, stamp, sales, use, value-added or other taxes, duties, charges, fees, deductions or withholdings.
These Terms will commence on the date you click to accept these Terms (regardless of whether or not you are accepted into the Program) and will continue until terminated by either party as provided in this Agreement. You may opt out of participating in the Program at any time. Strings may terminate these Terms, at any time, with or without cause, in Strings’ sole discretion, including, without limitation, if you misrepresent yourself or your Premium Strings account; violate these Terms, the Strings User Agreement, or any applicable laws; or no longer meet the eligibility requirements to participate in the Program.
In addition, we reserve the rights, in our sole discretion, to deny a Creator the ability to make Subscriptions available to a Premium Strings account; limit the number of Subscriptions that may be granted to, or Subscriptions revenue that may be received by, a Creator based on volume or time frame; suspend, remove or disable access to a Creator’s Premium Strings account or cease providing a Creator with all or part of the Program; remove a Creator from the Program; and/or withhold, suspend, recoup or set-off Subscriptions revenue (including any earned balance that may have been generated from past or future Subscription sales to a Creator’s Premium Strings account) if we believe the Creator is in breach or violation of these Terms, the Strings User Agreement or any applicable laws. We will have no liability for taking any of the above actions.
Upon termination of these Terms and/or your participation in the Program: (a) the rights and obligations under these Terms will immediately cease, (b) any and all liabilities accrued before the effective date of the termination will survive, subject to the following: (i) if your earned balance at the time of termination of these Terms is greater than the Minimum payout Threshold, the Payout Processor will attempt to pay you for amounts earned and unpaid. If, however, the Payout Processor is unable to remit payout to you due to circumstances beyond its control, you will automatically forfeit all such amounts and Strings will own any and all such amounts.
YOU EXPRESSLY ACKNOWLEDGE THAT THE PROGRAM AND PREMIUM STRINGS (OR FEATURES THEREOF) MAY BE EXPERIMENTAL IN NATURE AND/OR IN A BETA PHASE AND AGREE THAT ACCESS TO AND/OR USE OF THE PROGRAM AND PREMIUM STRINGS IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROGRAM AND PREMIUM STRINGS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. STRINGS DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING OR PERFORMANCE. STRINGS MAKES NO WARRANTIES OR REPRESENTATIONS AND DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR: (I) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE PROGRAM AND SUPER FOLLOWS, AND (II) WHETHER THE PROGRAM OR PREMIUM STRINGS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. STRINGS DOES NOT CONTROL, ENDORSE OR ADOPT YOUR PREMIUM STRINGS ACCOUNT (INCLUDING ANY CONTENT, FEATURES OR BENEFITS THEREIN).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE STRINGS ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO, USE OF OR PARTICIPATION IN (OF INABILITY TO ACCESS, USE OR PARTICIPATE IN) PREMIUM STRINGS AND THE PROGRAM; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE STRINGS SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE STRINGS SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE STRINGS ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (US$100.00) OR THE AMOUNT PAID TO YOU BY STRINGS, IF ANY, IN THE PAST SIX MONTHS UNDER THESE TERMS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE STRINGS ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE “STRINGS ENTITIES” REFERS TO STRINGS, ITS PARENTS, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS.
APPLICABLE LAW IN YOUR JURISDICTION MAY NOT ALLOW FOR CERTAIN LIMITATIONS OF LIABILITY. TO THE EXTENT REQUIRED BY APPLICABLE LAW IN YOUR JURISDICTION, THE ABOVE DOES NOT LIMIT THE STRINGS ENTITIES’ LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, GROSS NEGLIGENCE, AND/OR INTENTIONAL CONDUCT. TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, THE STRINGS ENTITIES’ MAXIMUM AGGREGATE LIABILITY FOR ANY NON-EXCLUDABLE WARRANTIES IS LIMITED TO ONE HUNDRED U.S. DOLLARS (US$100.00).
You represent and warrant that: (a) you have, or have obtained, and will maintain all rights, authorizations and licenses that are necessary to perform your obligations under these Terms and to offer, host and monetize your Premium Strings account in connection with the Program without further payouts by Strings to any third party, (b) all of the information provided by you to Strings and/or the Payout Processor to enroll and participate in the Program is correct, accurate, complete and current at all times, (c) you are at least eighteen (18) years of age, (d) you have all necessary rights, power, and authority to enter into these Terms, (e) you comply, and will continue to comply, with all applicable laws, rules, statutes, ordinances, regulations and ethical obligations in your performance of any acts hereunder (including, without limitation, any relevant data protection and privacy laws; laws applicable to contests, promotions or giveaways; advertising laws and Federal Trade Commission (FTC) rules and regulations such as the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising), and you will not cause Strings and/or the Payout Processor to be in violation of any of the foregoing, (f) you will at all times adhere to the Strings User Agreement, and (g) your Premium Strings account will not violate or infringe the rights of any third party (including copyright, trademark, service mark, trade secret, contract, privacy or right of publicity rights) or contain any material that, if relied upon, might cause harm or injury to any person or property.
You agree to indemnify, defend and hold the Strings Entities (collectively, “Indemnified Persons”) harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of or related to: (a) your participation in the Program, (b) breach of your representations, warranties and obligations as set forth in these Terms, or (c) your negligence or misconduct. Your indemnification obligations hereunder will be subject to: (i) the Indemnified Persons providing prompt written notice of the claim to you, provided that any delay in notification will not relieve you of your indemnification obligations except and solely to the extent that such delay materially impairs your ability to defend such claim, (ii) the Indemnified Persons reasonably cooperating with you with respect to the defense and settlement of such claim, and (iii) you permitting Strings, at its option, to participate in and control the defense and settlement of such claim. You will not settle any such claim that may compromise any interest of the Indemnified Persons without the Indemnified Persons’ prior written consent; provided that the Indemnified Persons will reasonably cooperate with such defense or settlement, at your request and expense.
MANDATORY ARBITRATION, CLASS ACTION WAIVER, AND OPT-OUT
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Application. You and Strings agree that this Agreement affects interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section 13 is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this Agreement or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of this Agreement. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
Initial Dispute Resolution. Most disputes can be resolved without resort to arbitration. If you have any dispute with us, you agree that before taking any formal action, you will contact us at email@example.com and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account). Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with Strings, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
Binding Arbitration. If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, (except as provided in Section 13.7 below) subject to the terms set forth below. Specifically, all claims arising out of or relating to this Agreement (including this Agreement’s formation, performance, and breach), the parties’ relationship with each other, and/or your use of Strings Services, App, or Website shall be finally settled by binding arbitration administered by the JAMS Comprehensive Arbitration Rules & Procedures (“JAMS”). The JAMS rules will govern payout of all arbitration fees. Strings will pay all arbitration fees for claims less than $75,000. If you receive an arbitration award that is more favorable than any offer we make to resolve the claim, we will pay you $1,000 in addition to the award. Strings will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Arbitrator’s Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement including but not limited to any claim that all or any part of this Agreement is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
Filing a Demand. To start an arbitration, you must do the following: (i) Write a Demand for Arbitration (“Demand”) that (a) briefly explains the dispute, (b) lists your and Strings’s names and addresses, (c) specify the amount of money in dispute, if applicable, (d) identify the requested location for a hearing if an in-person hearing is requested, and (e) state what you want in the dispute; (ii) send one copy of the Demand to JAMS, along with a copy of these Terms and the filing fee required by JAMS; and (iii) Send one copy of the Demand for Arbitration to us at firstname.lastname@example.org.
The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing, unless you and we both agree to another location or telephonic arbitration. For individuals residing outside the United States, arbitration shall be initiated in San Francisco County, California, United States, and you and Strings agree to submit to the personal jurisdiction of any federal or state court in San Francisco County, California, United States, in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Class Action Waiver. The parties further agree that the arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND STRINGS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception: Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in small claims court in San Francisco, California for disputes or claims within the scope of that court’s jurisdiction.
30-Day Right to Opt Out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to email@example.com with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within the later of 30 days of your first use of the Service or within 30 days of changes to this section being announced on the Website or App. Otherwise you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Strings also will not be bound by them.
Changes to This Section. Strings will provide thirty (30) days’ notice of any changes to this section by posting on the Services, Website, or App. Amendments will become effective thirty (30) days after they are posted on the Services, Website, App, or sent to you by email. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled Mandatory Arbitration and Class Action Waiver, and the court or arbitrator shall apply the first Mandatory Arbitration and Class Action Waiver section in existence after you began using the Services, Website, or App.
Survival. This Mandatory Arbitration and Class Action Waiver section shall survive any termination of your use of the Services, Website, or App.
We reserve the right to modify these Terms, from time to time. We will notify you of material revisions, for example via a service notification or an email to the email associated with your account. Your continued participation in the Program after changes have become effective will be deemed as your acceptance of such changes. If any changes are not acceptable to you, you may terminate your participation in the Program by providing written notice to Strings and stopping use of the Premium Strings features.
You understand that your relationship with us is solely that of a user of our services, as an independent entity. You are not our employee. No agency, partnership or joint venture is intended or created by these Terms or your participation in the Program. You maintain all rights and responsibilities for the nature and legality of your content, the manner in which it is created and offered, and whether you decide to offer it at all.
You agree that any feedback, suggestions, ideas, or other information or materials regarding the Services, that you provide, whether by email or otherwise ("Feedback"), are non-confidential and shall become the sole property of Strings, Inc. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). We like hearing from users, but please do not share your ideas with us if you expect to be paid or want to continue to own or claim rights in them.
If you believe that material located on Strings or the Site violates your copyright, you may notify us in accordance with our Digital Millennium Copyright Act Policy (“Copyright Policy”). We will respond to all such notices as required by law, including by removing the infringing material or disabling access to the infringing material. As set forth by law, we will, in our sole discretion, terminate or deny access to Strings to users who have repeatedly infringed upon the copyrights or intellectual property rights of others.
Strings Media, Inc.
600 Congress, 14th Floor
Austin, TX 78701
We reserve the right, at our sole discretion, to modify or replace any part of the Terms at any time. We will take reasonable steps to notify you of any substantial changes to the Terms; however, it is your responsibility to check the Terms periodically for changes. Your continued use of or access to Strings following the posting of any changes to the Terms constitutes acceptance of those changes.
We may also, in the future, offer new services and/or features through Strings or the Site (including the release of new tools and resources). Such new features and/or services shall be subject to the Terms.
You agree to indemnify and hold harmless Strings, Inc, its contractors, its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of our Services, including but not limited to, out of your violation of the Terms.
We may terminate your access to all or any part of Strings, Inc.’s Services at any time, at our sole discretion, if we believe that you have violated the Terms. You agree that any termination of your access to our Services may involve removing or discarding any content you have provided. We may, at our sole discretion, discontinue providing Services at any time, with or without notice.
If you do not wish to be bound to the Terms, you may delete your account and cease using Services. If you delete your account on Strings, all your content will be permanently deleted.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Services are provided "as is.” Strings, Inc. and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Strings, Inc., nor its suppliers and licensors, makes any warranty that Strings, Inc.’s Services will be error free or that access to Strings, Inc.’s Services will be continuous or uninterrupted. You agree that any interruptions to the service will not qualify for reimbursement or compensation. You understand that you download from, or otherwise obtain content or services through, Strings, Inc. at your own discretion and risk.
No advice or information, whether oral or written, obtained by you in any fashion shall create any warranty not expressly stated in these Terms.
You expressly understand and agree that in no event will Strings, Inc., or its suppliers or licensors, be liable with respect to any subject matter of the Terms under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) interruption of use or loss or corruption of data; (iv) any statements or conduct of any third party on the service; or (v) any unauthorized access to or alterations of your Content. We shall have no liability for any failure or delay due to matters beyond our reasonable control.
The foregoing shall not apply to the extent prohibited by applicable law.
These Terms constitutes the entire agreement between us and you concerning your use of Strings, Inc’s Services. The Terms may only be modified by a written amendment signed by an authorized representative of Strings, Inc., or by the posting of a revised version to this location. Except to the extent that applicable law (if any) provides otherwise, any dispute arising between you and Strings, Inc. regarding these Terms and/or your use or access of Strings, Inc.’s Services will be governed by the laws of the state of Washington and the federal laws of the United States of America, excluding any conflict of law provisions. You agree to submit to the jurisdiction of the state and federal courts located in Seattle, Washington for any disputes arising out of or relating to your use of Strings, Inc. Services or your acceptance of these Terms.
If any part of the Terms are held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
Please email us firstname.lastname@example.org report a violation.
These Terms of Service are effective as of Oct 11, 2014.
Last updated as of Jun 8, 2021.