PLEASE CAREFULLY READ THE FOLLOWING STRINGCAN INTERACTIVE WEBSITE TERMS OF USE (“TERMS“) BEFORE ACCESSING OR USING THE STRINGCAN INTERACTIVE WEBSITE (“WEBSITE“). BY ACCESSING OR USING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO CONSENT TO THESE TERMS AND AGREE TO BE BOUND BY THESE TERMS IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEBSITE.
The Website is owned and operated by StringCan Interactive LLC (“StringCan Interactive,” “we,” “us,” “our,” or similar pronouns). As used in these Terms, the term “Website” shall also refer to the logos, designs, text, graphics, software, other content, and materials available through the Website and the selection and arrangement thereof (collectively, “Content“), and the StringCan Interactive hardware, software, and networks associated with making the Website available to you (collectively, “StringCan Interactive System“). Unless explicitly stated otherwise, any new features, functionality, or services that augment or enhance the Website in the future shall be considered part of the Website and subject to these Terms.
By using or accessing the Website, you represent and warrant that: (a) you are 18 years of age or older; (b) if you are under the age of majority in your jurisdiction, you have your parent’s or legal guardian’s authorization to use and access the Website and to agree to these Terms; (c) you own or have authorization to use a personal computer to access the Website; and (d) you will use the Website in accordance with these Terms.
You acknowledge that the Website is subject to outages, slowdowns, or other interruptions. You further acknowledge that we are not responsible for performance degradation, interruption, or delays arising from any source. StringCan Interactive will not be liable to you if the Website is unavailable at any given time. You agree that your sole remedy for any Website unavailability shall be to terminate your use of the Website.
You are solely responsible for providing any hardware, systems, and software programs you use to access the Website, and any associated fees, charges, and expenses. For example, if you choose to access the Website through your personal computer, you are required to obtain at your own cost a compatible personal computer and an Internet access plan from a service provider.
If you do not agree with any of these Terms, please do not use the Website. StringCan Interactive reserves the right, in its sole discretion, to modify these Terms at any time without further notice. The most recent modification date will be noted by the “Last Updated” date below. Your continued use of the Website after any such modification constitutes your acceptance of these Terms as modified. If you register for or use additional features available as a part of the Website, additional terms and conditions, rules, policies, and disclaimers may apply. StringCan Interactive may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Website, temporarily or permanently, including the availability of any features of the Website or access to any parts of the Website, at any time with or without notice to you.
You agree that StringCan Interactive shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website.
You may terminate your use of the Website at any time. StringCan Interactive may terminate your access to or use of the Website at any time for any reason with or without notice to you. Upon any termination of your use of the Website, you must promptly destroy all Content obtained through the Website, as well as any copies of the Content. Sections 3, 5, 7, 9, 10, 11, 12, 14, and 16 and any other provisions that by their nature should survive termination shall so survive any termination of your use of the Website. You agree that StringCan Interactive shall not be liable to you for any termination of your use of or access to the Website.
In order to participate in certain features of the Website, you may be required to register for a Website account or receive access to a StringCan Interactive client account (each, an “Account”). If you choose to register for or receive an Account, you agree to: (a) provide true, accurate, and complete information about yourself as prompted by the registration form or as requested by your StringCan Interactive contact; and (b) maintain and promptly update such information to keep it true, accurate, current, and complete as permitted through the functionality of the Website or through your StringCan Interactive contact. You acknowledge and agree that StringCan Interactive will have no liability associated with or arising from your failure to maintain accurate information about yourself, including, without limitation, your failure to receive important information and updates about the Website.
If StringCan Interactive has reasonable grounds to suspect that the information you provided on the registration form or otherwise is untrue, inaccurate, or incomplete, StringCan Interactive may suspend or terminate your Account and refuse any and all current or future use of the Website (or any portion thereof). For StringCan Interactive clients, you represent and warrant that you have duly authorized those accessing your client section of the Website using your login credentials to do so and that you will be directly responsible for the acts or omissions of those who use your login credentials to access the Website. You are responsible for all use of your Account under any user name or password (or login credentials) by any person or entity and for ensuring that use of your Account complies fully with the provisions of these Terms. You are solely responsible for protecting the confidentiality of your user name and password. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
For information about StringCan Interactive’ privacy practices, please read the StringCan Interactive Privacy Policy at (“ http://www.stringcaninteractive.com/privacy). The Privacy Policy is incorporated into these Terms and explains how StringCan Interactive collects, uses, shares, and secures your personal information in connection with the Website. By using the Website, you agree to the terms of the Privacy Policy.
StringCan Interactive grants to users a limited, non-exclusive, non-transferable license to access and use the Website (including any Content) strictly in accordance with these Terms. StringCan Interactive may terminate this license at any time for any reason. You may use the Website on one personal computer for your own personal, non-commercial use. No part of the Website may be reproduced in any form or incorporated into any information retrieval system, electronic, mechanical, or otherwise. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer, or transfer the Website or any portion thereof. You may not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website and you may not take any action that imposes an unreasonable or disproportionately large load on the StringCan Interactive System.
All ownership rights and title in and to the Website, including all Content therein, are owned by StringCan Interactive and its licensors, or other providers of such material (collectively and individually, “Company Content Providers”) and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Except as expressly stated in these Terms, you may not modify, copy, publish, license, reproduce, perform, create derivative works from, republish, upload, post, transmit, sell, re-sell, or distribute in any way the Website, or any portion therein, including, without limitation, any Content, without the prior written permission of StringCan Interactive.
The Content and Website may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of StringCan Interactive. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of StringCan Interactive without express written consent. You must not modify copies of any materials from this Website or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website. You may not use any meta tags or any other “hidden text” utilizing StringCan Interactive’s name or trademarks without the express written consent of Company. You may not misuse the Website. You may use the Website only as permitted by law. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by StringCan Interactive and/or the Company Content Providers. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
StringCan Interactive’s name, its trademarks, its logo, and all related names, logos, product and service names, designs, and slogans are trademarks (collectively, the “Trademarks”) of the Company or its affiliates or licensors. You must not use such Trademarks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners. Nothing in these Terms grants to you any right to use any of StringCan Interactive’s Trademarks.
In using or accessing the Website, you agree:
In addition, you agree that you will comply with all applicable local, state, national, and international laws and regulations that relate to your use of or activities in connection with the Website.
You agree to immediately notify us if you suspect fraudulent or abusive activity, or any activity in violation of these Terms. If you so notify us, or we otherwise suspect fraudulent or abusive activity, you agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe.
These content standards apply to any and all use of the Stringcan Interactive Systems. You agree that you will not:
In addition, you agree that you will comply with all applicable local, state, national, and international laws and regulations that relate to your use of or activities in connection with the Website. You agree to immediately notify us if you suspect fraudulent or abusive activity, or any activity in violation of these Terms. If you so notify us, or we otherwise suspect fraudulent or abusive activity, you agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe.
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
You acknowledge and agree that StringCan Interactive is not responsible for the availability of any such third party applications, websites, content, or resources. You further acknowledge that StringCan Interactive is not liable to you for any loss or damage which may be incurred by you as a result of these third party applications, websites, content, or resources.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. THE WEBSITE, IN WHOLE AND IN PART (INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND USER MATERIALS), IS PROVIDED, TRANSMITTED, DISTRIBUTED, AND MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, StringCan Interactive MAKES NO WARRANTY: (A) THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; (B) THAT DEFECTS OR ERRORS IN THE WEBSITE WILL BE CORRECTED; (C) THAT THE WEBSITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (D) AS TO THE QUALITY, ACCURACY, COMPLETENESS, AND VALIDITY OF ANY INFORMATION OR MATERIALS YOU RECEIVE IN CONNECTION WITH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THIRD PARTY SUBMITTED USER MATERIALS; (E) THAT YOUR USE OF THE WEBSITE WILL MEET YOUR REQUIREMENTS; OR (F) THAT TRANSMISSIONS OR DATA WILL BE SECURE.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND THE RESULTS AND PERFORMANCE THEREOF (INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY THIRD PARTY SUBMITTED USER MATERIALS, THIRD PARTY APPLICATIONS, WEBSITES, AND ANY GOODS, SERVICES, OR CONTENT YOU MAY RECEIVE IN CONNECTION WITH LINKS CONTAINED WITHIN THE WEBSITE).
IN NO EVENT AND UNDER NO CAUSE OF ACTION, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL STRINGCAN INTERACTIVE AND ITS AFFILIATED ENTITIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AUTHORIZED AGENTS (COLLECTIVELY, THE “STRINGCAN INTERACTIVE PARTIES”) BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING, WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING FROM OR IN CONNECTION WITH THE FOLLOWING CIRCUMSTANCES, EVEN IF A STRINGCAN INTERACTIVE PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES: (A) THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY CONTENT; (B) YOUR USE OR INABILITY TO USE THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY CONTENT; (C) ANY USER MATERIALS, WHETHER PROVIDED BY YOU OR ANY THIRD PARTY, OR YOUR USE OF OR RELIANCE UPON ANY USER MATERIALS; (D) ANY THIRD PARTY APPLICATION, WEBSITE, OR WEBSITE USED IN CONNECTION OR AVAILABLE THROUGH THE WEBSITE; (E) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED IN CONNECTION WITH THE WEBSITE; (F) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR WEBSITE INTERRUPTIONS; OR (G) ANY MODIFICATION, DELETION, OR ADDITION TO YOUR USER MATERIALS BY STRINGCAN INTERACTIVE OR ANOTHER WEBSITE USER.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, STRINGCAN INTERACTIVE’ CUMULATIVE LIABILITY TO YOU ARISING FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR THE WEBSITE. IF NO AMOUNTS WERE PAID, YOUR SOLE REMEDY UNDER THESE TERMS SHALL BE TO DISCONTINUE ANY USE OF THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION, OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES, AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, STRINGCAN INTERACTIVE’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
The Website is controlled, operated,and administered by StringCan Interactive from its offices within the UnitedStates. StringCan Interactive makes no representation that materials on theWebsite are appropriate or available for use at other locations outside of theUnited States and access to them from territories where the content availablethrough the Website is illegal is prohibited. If you access this Website from alocation outside of the United States, you are responsible for compliance withall local laws.
Export Laws. You may not use the Website or export the Content in violation of United States export laws and regulations. The Website and Content may not be used or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria, or any other country to which the United States has embargoed goods; or (b) to anyone on the United States Treasury Department’s list of specially designated nationals or on the United States Commerce Department’s Table of Deny Orders.
Force Majeure. StringCan Interactive will not be liable in any amount for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, or war.
Headings. The section titles in these Terms are provided solely for convenience and have no legal or contractual significance.
Notices. You agree that StringCan Interactive may provide you with notices in connection with the Website by e-mail, regular mail, or postings on the Website.
Waiver. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Entire Agreement; Limitation of Actions. The Terms constitute the entire agreement between StringCan Interactive and you with respect to your use of the Website. To the extent permitted by law, any cause of action you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary.
Indemnification. You agree to indemnify and hold harmless the StringCan Interactive Parties from any loss, liability, claim, or demand, including costs and reasonable attorneys’ fees, arising out of or relating to your violation or breach of these Terms or your use of the Website, any use of the Website’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website. As a part of your indemnification obligations, you agree to indemnify the StringCan Interactive Parties for any claims or suits arising from User Materials you provide and your use of any Community Feature.
Severability. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Applicable Law and Disputes. These Terms shall be governed by and construed in accordance with the laws of Arizona, without resort to its conflict of law provisions. In the event of a dispute arising out of these Terms or your use of the Website (or any portion herein), the proper jurisdiction and venue will be the courts residing in Maricopa County, Arizona. You consent to the exercise of personal jurisdiction of these courts over you in the event of such a dispute.
Relationship of the Parties. Nothing in these Terms will be construed as creating a joint venture, partnership, employment, or agency relationship between you and StringCan Interactive, and you do not have any authority to create any obligation or make any representation on StringCan Interactive’ behalf. You may not assign these Terms by operation of law or otherwise, without StringCan Interactive’ written consent. Subject to the foregoing, these Terms will be binding on, inure to the benefit of, and be enforceable against you and StringCan Interactive and their respective successors and assigns.
If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement to the address below. It is the policy of the Company to terminate the user accounts of repeat infringers. In the event materials are made available to this Site by third parties not within our control, we are under no obligation to, and do not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Website. If you believe any materials on the Website infringe a copyright, you should provide us with written notice that at a minimum contains:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Website are covered by a single notification, a representative list of such works at that Website;
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
iv. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
v. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
Copyright Administrator
Weiss Brown
6263 North Scottsdale Road, Suite 340
Scottsdale, AZ 85250
CopyrightAdministrator@WeissBrown.com
Contact Us. If you have any questions or comments regarding the Website, you may contact us at termsofuse@stringcaninteractive.com.
Last Updated: February 8, 2024
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