Stringwire is operated by NBCUniversal Media, LLC ("NBCUniversal").
Each time You access Stringwire, or post or access Stringwire User Content, You agree to be bound by these Terms of Service (“TOS”). These TOS may be updated by Stringwire from time to time in Stringwire’s sole discretion, and any such updates posted here will apply to You prospectively. More
By using Stringwire, You are permitted to view, use, post, edit, access and download Your content and the content of other Stringwire Users as authorized by the User Content License located in these TOS. More
By posting content on Stringwire (“User Content”), You are granting all other users of Stringwire as well as NBCUniversal, the right to use Your User Content, including the right to create new content which includes Your User Content. You may use any User Content posted on Stringwire, subject to the usage guidelines and the attribution policy. You are responsible for any User Content You post, and any uses you make of Stringwire Content posted by other users. No confidential or fiduciary relationship is created by Your posting User Content on Stringwire. More
By accessing and using Stringwire, and posting User Content, You agree that We may use tracking technologies associated with Stringwire to collect and process information about Your current location. More
All User Content posted on Stringwire is available for viewing by other Stringwire Users. While We may offer You the ability to post Your User Content anonymously, please be aware that Your account information relating to Your User Content is still stored by Us. More
Your use of Stringwire and posting of User Content is subject to our rules regarding acceptable conduct and applicable laws. When filming with Stringwire, please obey the law and respect people’s privacy. If you film using a drone or unmanned aircraft system, you must comply with current Federal Aviation Administration regulations and any other laws governing its use. https://www.faa.gov/uas/ More
NBCUniversal does not accept unsolicited submissions for motion pictures, television programs, websites, articles, streaming video, e-books, or other products or services. Therefore, please do not make any such unsolicited submissions through Stringwire. More
To access Stringwire or some of the resources it has to offer, You may set up an account by registering your email address and a password, and you may choose to provide additional account information, such as your location and social media account information. Users may also contribute videos without creating an account by joining a Stringwire channel. If you provide us with information about your social media accounts, we may use that information to monitor Your social media activity and may contact You via Your social media accounts. More
Wireless carrier charges may apply to Your use of Stringwire via wireless networks or devices and geo-location details. More
NBCUniversal may, but has no obligation to, monitor Your use of Stringwire or Your User Content. More
We make no warranties or representations as to the accuracy, timeliness, reliability or completeness of the Stringwire services. More
You agree that You are not entitled to any damages for any claims related to Your use of Stringwire, except as set out below. More
Our liability to you is limited. More
We are not responsible for third parties or their content, advertisement(s), apps or sites, even if they are linked from or included within Stringwire. More
You agree to indemnify Us for material posted by You or through Your account. More
We reserve the right to modify or discontinue Stringwire for any reason or no reason whatsoever. More
We may terminate Your account, password or access in Our sole discretion at any time, without giving You prior notice. More
Stringwire and the Stringwire technology are owned by NBCUniversal. Certain of the logos, images and other content on Stringwire are protected by copyright or other laws, or are registered or unregistered trademarks, trade names and/or service marks, and logos owned by NBCUniversal or others (“Trademarks”). More
You may not post content You do not own or control or otherwise have the right to post. We encourage You to report to Us any infringing activity You identify on Stringwire. More
You may link to Stringwire, subject to some basic rules. More
If You choose to access Stringwire from locations outside of the U.S.A., You do so on Your own initiative and at Your own risk. There are restrictions on Your use of Stringwire for those countries subject to export controls of the U.S.A. More
You agree to arbitrate and waive jury trial and class actions. More
Non-U.S.A. citizens agree to an alternative procedure for dispute resolution if a tribunal rules that arbitration is prohibited by law. More
Residents of California are entitled to specific consumer rights information. More
By accessing and using Stringwire, You agree to certain terms regarding (a) the applicable law and venue; (b) no waiver; (c) the enforcement and interpretation of these TOS; (d) Your limited time to file claims; (e) the manner in which You communicate with Us. You also agree not to assign or delegate Your rights and obligations under these TOS. More
There are some other things You should know if You are accessing or using the Stringwire services through an Apple device. More
By using Stringwire, You are permitted to film, stream, edit, access, view, upload and download Your content and the content of other Stringwire Users posted on Stringwire (collectively “User Content”) and use other User Content as authorized by the User Content License located in Paragraph 3 of these TOS. User Content posted on Stringwire contains meta data and may contain encoding or other watermarks. You may not either directly or through the use of any personal computer, browser, laptop, tablet, mobile phone or other device (each a “device”) or other means remove, alter, bypass, avoid, interfere with, or circumvent any watermark or other encoding embedded on User Content and used for attribution purposes. You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on Stringwire or its servers and infrastructures. You agree not to circumvent, disable or otherwise interfere with security-related features or any other features that prevent or restrict use or copying of any content or enforce limitations on use of Stringwire or the content therein.
By filming and streaming Your User Content on Stringwire, You hereby grant NBCUniversal and other Users and their licensees, affiliates, successors and assigns a perpetual, worldwide, royalty-free, irrevocable, non-exclusive, fully sub-licensable license to:
You acknowledge and agree that NBCUniversal and other Users, their licensees, affiliates, successors and assigns, will be entitled to retain any and all revenue generated from the exercise of the license granted by You, including revenue from sales, licenses, assignments and other transfers of the rights granted by You to User Content hereunder, as well as any and all revenue generated by the display of any advertising, publicity, promotional materials or distribution rights in connection with uses by NBCUniversal and other Users of Your User Content.
Ownership of User Content: Except for the license granted by You as expressly set forth in these TOS, You shall continue to own all rights in and to Your User Content. To the extent Your User Content contains materials or elements owned by You or any third parties, such as logos, slogans, characters or other elements protected by copyright, trademark or other laws, Your and any User’s rights to make any other use of Your User Content will continue to be governed by and may be limited by other applicable laws and the rights of any third party.
Liability for User Content: You represent and warrant that You own any and all User Content that You stream or upload to Stringwire, or otherwise have sufficient rights in such User Content to grant to other Users the foregoing license without infringing or violating the rights of any third party. You, and not NBCUniversal, are entirely responsible and liable for any claims, loss or damages relating to all User Content that You upload, post, and email or otherwise transmit via Stringwire. You are responsible for any use You make of User Content posted by other Users. You understand that User Content may contain intellectual property that is not owned or controlled by the User, including trademarks, logos and copyrighted content. You are solely responsible for determining if your intended use of User Content required additional clearance or permission. NBCUniversal, its affiliates, and its officers, directors, and employees, subsidiaries and/or affiliates are not responsible for User Content, nor shall they have any liability for any such User Content. We do not have any obligation to investigate, monitor or check User Content, although We may do so, and We reserve the right to remove User Content, including User Content that includes trademarks, logos, or other content owned by NBCUniversal. You understand that by using Stringwire, You may be exposed to User Content that is offensive, indecent, or objectionable.
Attribution. It is a condition of the User Content License that You provide attribution to the creator of any User Content used by you (“Attribution”). Attribution means identifying the User(s) responsible for the User Content used by You in a manner visible to the public either on, or in direct proximity to, the User Content as used by You. Attribution must include the name or social media handle of the User, a license notice, and a Stringwire URL that links the User Content and, inclusion of the Stringwire logo if it is part of the User Content. You agree that You will be identified by NBCUniversal by your social media account name (if available). NBCUniversal is not responsible and will not enforce whether Users provide Attribution to other Users for use of User Content.
Stringwire contains geolocation tracking features that Stringwire will use for a variety of purposes. By downloading and using Stringwire, You agree that We may collect, retain, and process information about Your current location and the locations where You have used Stringwire to record and share video. Stringwire has an optional tracking feature that can be turned off. We will use Your geolocation information in the following ways:
The location-based services offered in connection with Our Mobile App or Site feature(s) are for individual use only and should not be used or relied on as an emergency locator system for any business or enterprise used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or severe physical or property damage.
Your privacy is important to Us. To better protect Your privacy, We provide a notice explaining Our online information practices and the choices You can make about the way Your information is collected and used on Stringwire. Click here to show this notice, which forms part of these TOS.
All User Content on Stringwire is made available for viewing by other Stringwire Users and may be made available by Us or any User to the public. You acknowledge that You have no expectation of privacy with regard to Your User Content. While We offer You the ability to post Your User Content anonymously, please be aware we cannot guarantee that technical errors may not result in your User information being transmitted with your User Content. Your account information relating to Your User Content is stored by Us. If you wish to have your User account information deactivated, you may contact us at firstname.lastname@example.org. If your account is deactivated, We reserve the right to keep any User Content on Stringwire nd you acknowledge that your User Content will continue to have the Attribution information you provided when you created the User Content.
The following rules are a condition of Your use of Stringwire. NBCUniversal does not verify or endorse any Content submitted to Stringwire by any User or other licensor, or any opinion, recommendation, or advice expressed therein.
NBCUniversal does not accept unsolicited submissions for motion pictures, television programs, websites, articles, streaming video, e-books, or other products or services. Therefore, please do not make any such unsolicited submissions to Us through Stringwire. However, if You decide to make any such unsolicited submission, you hereby grant to Us the right and license to the submission as if it were Your User Content as specifically set forth above. In addition, We retain all of the rights held by members of the general public with regard to Your unsolicited ideas and materials. Our receipt of Your unsolicited ideas and materials is not an admission by Us of their novelty, priority, or originality, and it does not impair Our right to contest existing or future intellectual property rights relating to Your unsolicited ideas and materials.
To access Stringwire or some of the resources it has to offer, You will be asked to register and provide Us with certain information. You will also be asked to provide information about Your social media network accounts. You understand and agree that Your activities (e.g., video viewing, interactions with Users and/or advertisers) may be shared with others both on and off Stringwire. If You don’t want Your activities on such social network to be shared, Your only options are to stop using Stringwire or deactivate the related social network account. By using Stringwire and providing information about Your other social networks, You consent to Us contacting You via those social networks.
If You establish an account with Us, You agree to provide true, accurate, complete and current data in connection with that account. If We believe the details are not correct, current, or complete, We have the right to refuse You access to Stringwire, or any of its resources, and to terminate or suspend Your account. Any usernames and passwords used for Stringwire are for individual use only. You are solely responsible for the activity that occurs on Your account and for maintaining the security and confidentiality of the password You use to access Your account. You agree to immediately notify Us of any unauthorized use of Your password or account or any other breach of security. If you wish to deactivate your account, please contact at us at email@example.com. Please be advised your User Content will remain on Stringwire. Although We will not be liable for your losses caused by any unauthorized use of Your account, You may be liable for Our losses or others due to such unauthorized use.
Connectivity. You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet service providers, mobile service, and other services needed for Your access to and use of Stringwire and You will be responsible for all charges related to them.
Automatic Updates. By installing Stringwire, You acknowledge that You may automatically download and install updates from time to time. These updates are designed to improve, enhance and further develop Stringwire and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Stringwire to deliver these to You) as part of Your use of Stringwire. You acknowledge that Stringwire might not function properly without such updates.
Wireless Features. Stringwire will offer certain features and services that are available to You via Your wireless device. These features and services may include the ability to access the Stringwire features and upload/download User Content, receive messages from Stringwire, and download applications to Your wireless device (collectively, “Wireless Features”). Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with Your carrier or wireless device. In addition, Your carrier may charge You for standard messaging, data, and other fees to participate in Wireless Features. Fees and charges may appear on Your wireless bill or be deducted from Your pre-paid balance. We have no responsibility or liability for any fees or charges You incur when using Wireless Features. You should check with Your carrier to find out whether any fees or charges will apply, what plans are available and how much they cost. You should also contact Your carrier with any other questions regarding these issues.
Social Media Plug-Ins. Social media plug-ins of social networks such as Facebook, Twitter and Google Plus are integrated on Stringwire. Where Stringwire contains a plug-in to a social network, these are clearly marked. If You chose to click on one of these buttons or links, Your browser connects directly to the servers of the relevant social network. The social network directly transmits the content of the plugin to Your browser. If You are registered on the relevant social network and logged into Your respective account the social network receives the information that the web page was used by You. If You interact with a social network plug-in (e.g. You press the Facebook “Like” feature, the Twitter “Tweet this” feature and Google Plus “+1” button or equivalent) or drop a comment on the appropriate web page, the corresponding information is directly transmitted to the relevant social network from Your browser. If You are not registered with the social network or You are logged out before You visit Stringwire, there is the possibility that at least Your IP address will be submitted to and stored by the social network. If You interact with Us through a social media platform, plug-in etc., then You may be permitting Us to have on-going access to certain information from Your social network profile (such as name, social networking id page, email address, photo, gender, location, the people/sites You follow etc.).
Disclaimer of Warranties: While We use reasonable efforts to include up to date information on Stringwire, We make no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise. Stringwire is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, We, Our parent, Our and their respective directors, officers affiliates, agents, licensors, partners and employees (collectively, the “NBCUniversal Parties”) disclaim any and all warranties and conditions, statutory or otherwise, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and noninfringement. Without limiting the foregoing, We do not warrant that Stringwire, or Your access to or use of Stringwire will (1) be uninterrupted; (2) be free from inaccuracies, errors, viruses or other harmful components; (3) meet Your requirements; or (4) operate in the configuration or with the hardware or software You use. We do not warrant that the functions contained in Stringwire will be available, uninterrupted or error-free, that defects will be corrected, or that Stringwire or the servers that make Stringwire available are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the material, information, software, facilities, services, User Content or any websites linked to Stringwire in terms of their correctness, accuracy, reliability, or otherwise. We make no warranties that Your use of the materials, information, software, facilities, service, User Content or other content on or in Stringwire or any website linked to Stringwire will not infringe the rights of others and We assume no liability or responsibility for errors or omissions in such materials, information, software, facilities, service, User Content or other content on or in Stringwire or any website linked to Stringwire.
Events: Your use of Stringwire and filming and posting of User Content at any public or private event is at Your sole and exclusive risk. By using Stringwire, You agree and understand that in connection with Your participation in any event or activity, You may be exposed to a variety of hazards and risks, foreseen or unforeseen, which may or may not be inherent in those activities and events. These inherent risks include, but are not limited to, the dangers of serious personal injury, property damage, and death from exposure to the hazards of public or private outings and activities. You are personally responsible for all costs and/or risks associated with any public or private event or activity. Notwithstanding anything to the contrary contained herein, to the fullest extent allowed by law, You agree to waive and discharge all claims, release use from all liability and indemnify and hold the NBCUniversal Parties harmless from any and all liability on account of, or in any way resulting from injuries and damages in any way connected with any events or activities. You agree and understand and intend that this assumption of risk and release is binding upon You and Your heirs, executors, agents, administrators and assigns, and includes any minors accompanying You at the events.
We will not be liable to You or any third party for any direct, indirect, punitive, incidental, special, or consequential damages (including damages relating to lost profits, lost data or loss of goodwill) or any damages whatsoever that result from Your use or inability to use Stringwire. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other legal theory, and even if We have been advised of the possibility of such damage. This waiver applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication line failure, network or system outage, or theft, destruction, unauthorized access to, alteration of, or use of any records. You specifically acknowledge and agree that We shall not be liable for any defamatory, offensive or illegal conduct of any User. Without limiting the foregoing, We will not be liable for any loss or damage arising out of (1) Your failure to comply with Section 10 (Registration, Passwords, Unauthorized Use of Your Account, and Sharing of Social Features) or (2) User Content filmed or made available from Stringwire by You or any third party.
In no event will Our aggregate liability to You in connection with Stringwire or these TOS exceed the lesser of (A) the amount (if any) paid by You to Us in the six (6) months immediately preceding the event which gave rise to the liability; or (B) one hundred dollars ($100.00).
Because some jurisdictions do not allow for the exclusion of damages, Our liability in such jurisdictions shall be limited to the greatest extent permitted by the law of such jurisdiction. In addition, because some jurisdictions do not permit the disclaimer of certain warranties, the disclaimers set forth above may not apply to You. This paragraph will only apply if an arbitrator with applicable jurisdiction finds exclusions of damages or limitations of liability to be unconscionable.
You agree to defend, indemnify and hold harmless the NBCUniversal Parties from and against any and all claims, demands, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or accruing from (a) any breach of these TOS, including any of the foregoing provisions, representations or warranties, and/or from Your placement or transmission of any User Content or other content onto Our servers, and/or from any and all use of Your Stringwire account; (b) any material posted or otherwise provided by You (including without limitation User Content), or any other User of Your account that infringes any intellectual property right of any person or entity or defames any person or violates their rights of publicity or privacy; (c) any misrepresentation made by You in connection with Your use of Stringwire; and (d) any breach of any of the representation, warranties or other terms or conditions relating to Your use of Your User Content, the User Content of other Users or Stringwire.
We reserve the right to take any steps available to Us, including the right to modify or discontinue or suspend, temporarily or permanently, or terminate Your access to Stringwire or all or any part of Stringwire and/or any software, facilities and services on Stringwire, or seeking other legal or equitable remedies, with or without notice, and/or to establish general guidelines and limitations on their use, if We become aware of any violation of these TOS.
We may, in Our sole discretion, terminate Your password, account (or any part thereof) or use of Stringwire, or remove and discard any User Content or information stored, sent, or received via Stringwire without prior notice and for any reason or no reason, including, but not limited to: (i) permitting another person or entity to use Your identification to access Stringwire, (ii) any unauthorized access or use of Stringwire, (iii) any violation of these TOS, or (iv) tampering with or alteration of any of the software, data files contained in or accessed through, Stringwire. You may terminate Your account for any reason or no reason. Termination, suspension, or cancellation of these TOS or Your access rights to Stringwire shall not affect any right or relief to which We may be entitled, at law or in equity.
Stringwire and the Stringwire technology are owned by NBCUniversal. Certain of the logos, images and other content on Stringwire are also protected as registered or unregistered trademarks, trade names and/or service marks, they and other intellectual property are owned or licensed by NBCUniversal (“NBCU Intellectual Property”). As between Us and You, We own all right, title and interest in and to the NBCUniversal Intellectual Property throughout the world.
We respect the intellectual property of others, and We ask Users to do the same. Stringwire is and materials incorporated on Stringwire may be (collectively, “Material”) protected by copyrights, patents, trade secrets or other proprietary rights (“Copyrights”).
Pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), We reserve the right, but not the obligation, to terminate Your license to use Stringwire if it determines in its sole and absolute discretion that You are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. We accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials. Therefore, in compliance with the Act, if You believe that any such third party materials infringe Your intellectual property please send a written notice to the agent identified below to request a review of the alleged infringement: By mail: DMCA Agent Stringwire 75 Broadway, Suite 201 San Francisco, California 94111 By e-mail: firstname.lastname@example.org In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:
We grant You a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to Stringwire, so long as: (a) the links only incorporate text, and do not use any trademarks, (b) the links and the content on Your website do not suggest any affiliation with or endorsement by Us or cause any other confusion regarding Your relationship to Stringwire or the NBCUniversal Parties (c) the links and the content on Your website do not portray the NBCUniversal Parties or Our products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to Us. We reserve the right to suspend or prohibit linking to Stringwire for any reason, in its sole discretion, without advance notice or any liability of any kind to You or any third party.
Stringwire is controlled and operated by Us from Our offices within the State of New York, in the United States of America (“U.S.A.”). We make no representation that Stringwire or any User Content is appropriate or available for use outside the U.S.A., its territories, possessions and protectorates.
You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the U.S.A. or the country in which You reside.
If You choose to use or access Stringwire outside of the U.S.A., We make no representation that Material on Stringwire are appropriate for use outside the U.S.A. and You do so on Your own initiative and take full responsibility for compliance with local laws, if and to the extent that local laws are applicable. Software from Stringwire is further subject to the export controls of the U.S.A. No software may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S.A. has embargoed goods, or (B) to anyone on the U.S.A. Treasury Department list of Specially Designated Nationals or the U.S.A. Commerce Department’s Table of Deny Orders. By using Stringwire, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.
(a) Single Arbitrator. The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between You and Us (the “Arbitrator”);
(b) Arbitrator Will Interpret This Agreement. The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these TOS and/or these arbitration provisions in Section 23 hereof, including but not limited to any claim that all or any part of these TOS is void or voidable;
(c) Location of Arbitration. The Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for You and does not require travel in excess of 100 miles from Your home or place of business); or (ii) at such other location as may be mutually agreed upon by You and Us; or (iii) at Your election, if the only claims in the arbitration are asserted by You and are for less than $10,000 in aggregate, by telephone or by written submission.
(d) Governing Law. The Arbitrator (i) shall apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S.A., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
(e) No Class Relief. The Arbitration can resolve only Your and/or Our individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
Arbitration Costs. In the event that You are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, We will pay as much of Your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that Your claim(s) were frivolous or asserted in bad faith;
Reasonable Attorney’s Fees. In the event You recover an Award greater than Our last written settlement offer, the Arbitrator shall also have the right to include in the Award Our reimbursement of Your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but We shall in all events bear Our own attorneys’ fees; and
Interpretation and Enforcement of Arbitration Clause. With the exception of Section 24 subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, Section 24 subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither You nor We shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction.
Modification of Arbitration Clause With Notice. We may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after We have given notice of such modifications.
Small Claims Matters are Excluded. No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at Your option, You may bring any claim You have against Us in Your local small claims court within the U.S.A., if Your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.
This Section 25 applies to non-U.S.A. residents, where applicable law prohibits arbitration of disputes in accordance with Section 23.
(a) Section 25 disputes. If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to Stringwire or these TOS, whether heretofore or hereafter arising or to any of Our actual or alleged intellectual property rights (collectively, a “Section 25 Dispute”), then You and We agree to send a written notice to the other providing a reasonable description of the Section 25 Dispute, along with a proposed resolution of it. Our notice to You will be sent to You based on the most recent contact information that You provide Us. But if no such information exists or if such information is not current, then We have no obligation under this Section 25(a). Your notice to Us must be sent to:
By mail: DMCA Agent Stringwire 75 Broadway, Suite 201 San Francisco, California 94111 By e-mail: email@example.com
For a period of sixty (60) days from the date of receipt of notice from the other party, You and We will engage in a dialogue in order to attempt to resolve the Section 25 Dispute, though nothing will require either You or Us to resolve the Section 25 Dispute on terms with respect to which You and We, in each of Our sole discretion, are not comfortable.
(b) Jurisdiction. The parties agree that the state or federal courts in New York shall have non-exclusive jurisdiction of any Section 25 Dispute.
(c) Governing Law. To the maximum extent permitted by the mandatory laws in Your country of residence, these TOS and any Section 25 Dispute arising out of or in connection with it or its subject matter or formation (including non-contractual disputes), will be governed by, and construed in accordance with, the laws of the U.S.A. and the State of New York without regard to its conflicts of law provisions, without regard to its conflicts of law provisions.
(d) Limited Time to File Claims. To the fullest extent permitted by applicable law, if You or We want to asset a Section 25 Dispute against the other, then You or We must commence it (by delivery of written notice as set forth in section 25(a)) within one (1) year after discovery of the Section 25 Dispute arises – or it will be forever barred.
(e) Injunctive Relief. The foregoing provisions of this Section 25 will not apply to any legal action taken by Us to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to Stringwire, Your User Content and/or Our intellectual property rights (including such We may claim that may be in dispute), Our operations and/or products or services.
Under California Civil Code Section 1789.3, California Users of Stringwire are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, Updated on Feb 28, 2011
(a) Applicable law. These TOS and the relationship between You and Us shall be governed by the laws of the U.S.A. and the State of New York without regard to its conflicts of law provisions.
(b) Venue. Subject to the arbitration provisions above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these TOS will be brought exclusively in the federal or state courts located in New York, New York, and You irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that You will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.
(c) No Waiver. No failure or delay by Us in exercising any right, power or privilege under these TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these TOS.
(d) Severability. Unless otherwise expressly provided herein, the invalidity or unenforceability of any provision of these TOS will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect.
(f) Paragraph and Section Titles are For Your Convenience. The paragraph or section titles in these TOS are for convenience only and have no legal or contractual effect.
(g) This is the Entire Agreement. These TOS represent the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter, and may not be amended, altered or waived except in writing by the party to be charged.
(h) Assignment. These TOS are binding upon and shall ensure to the benefit of parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. You shall not assign Your rights or obligations hereunder without Our prior written consent.
If You are accessing or using Stringwire through an Apple device, the following terms are applicable to You and are incorporated into these TOS by this reference:
You acknowledge that these TOS are entered into between You and NBCUniversal and, that Apple, Inc. (“Apple”) is not a party to these TOS other than as third-party beneficiary as contemplated below.
The license granted to You in Section 3 (License to Content) is subject to the permitted Usage Rules set forth in the App Store Terms (see: http://www.apple.com/legal/itunes/us/terms.html) and any third party terms of agreement applicable to Stringwire.
You acknowledge that NBCUniversal, and not Apple, is responsible for providing Stringwire.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to You with respect to Stringwire.
To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Stringwire.
Notwithstanding anything to the contrary herein, and subject to the terms in these TOS, You acknowledge that, solely as between Apple and NBCUniversal, NBCUniversal and not Apple is responsible for addressing any claims You may have relating to Stringwire, or Your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that Stringwire fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. As set forth under these TOS, NBCUniversal’ s liability to You for use of Stringwire is greatly limited.
Further, You agree that if Stringwire, or Your possession and use of Stringwire, infringes on a third party’s intellectual property rights, You will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these TOS, and that, upon Your acceptance of these TOS, Apple will have the right (and will be deemed to have accepted the right) to enforce these TOS against You as a third-party beneficiary thereof.
When using Stringwire, You agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with Stringwire.