Terms of Use

Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Strings website (the “Site”). Your access to and use of the Services (as defined below) is conditioned on your compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. By accessing and/or using the Services, you agree to be bound by these Terms, which constitute a binding legal agreement between you and Strings (“Strings”).

The Services are currently available only as a beta version and may contain errors. Strings is willing to allow you to participate in the evaluation and testing of the beta version of the Services on the condition that (i) you abide by these Terms; (ii) you regularly test, use and evaluate the Services; and (iii) you provide feedback to Strings regarding your use of the Services including, logging any errors, bugs or other issues related to the Services. You may be asked to provide comments, suggestions, and feedback regarding your use of the Services and you acknowledge and agree that any such Feedback (as defined herein) you provide regarding the Services is given entirely voluntary and, even if designated as confidential, will not create any confidentiality obligation for Strings.

Use of the Services

Strings provides an online shopping experience across multiple categories such as apparel, gourmet, beauty, and home products, and Strings provides applications, products, content and other services through the Site and any mobile applications or other software applications (“Application”) that we make these services available through (collectively, the “Services”). These Services may change from time to time without prior notice to you and we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on access and use of the Services at our sole discretion at any time without prior notice to you.

Except as expressly provided herein, Strings grants you a limited, personal, non-exclusive and non-transferable license to use the Services solely for your personal use if you are an individual and solely for business use if you are an organization or agent of your organization. Except as expressly set forth herein, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, alter, enhance or in any way exploit any of the Services in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Subject to your compliance with this Agreement, Strings also grants you a non-exclusive and non-transferable single user license to download and install a copy of the Application to your mobile device, to access and use the Services. You may not: (i) copy, modify or distribute the Application for any other purpose; or (ii) decompile, reverse-engineer, disassemble, or create derivative works of the Application.

Account Registration

In order to access, use or receive certain Services, you may need to register and create an account (“Account”). In creating an Account, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. When creating an Account, you may be required to provide certain personal information about yourself and establish a username and a password.

You agree to provide accurate, current and complete information about your Account. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading. You are responsible for maintaining the confidentiality of your password and Account, and agree to notify Strings if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your Account. You agree to immediately notify Strings of any unauthorized use of your Account.

You also have the option of linking to your various webmail, social networking, and other online accounts that you wish to link with your Account. You may only link your own accounts. We will access and retrieve your account information from these sites on your behalf (in some cases, by using your username and password) and will make that information available to you through the Services. By using the Services and linking your online accounts, you expressly authorize Strings to access your account information in those third party accounts, on your behalf as your agent. You hereby authorize and permit Strings to use and store the information submitted by you to the Services (including, in some cases, the account username and password) to accomplish the foregoing. In order to make your account information available as part of the Services, you grant Strings a limited power of attorney, and appoint Strings as your attorney-in-fact and agent, in order to access these third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person.

Privacy Policy

Your use of the Services is governed by the Strings Privacy Policy, which is available at http://www.strings.com/about/privacy (the "Privacy Policy").

Content Submissions

You acknowledge that you are responsible for the information, text, graphics, images and other material appearing on the Services (“Content”) that you post, upload or submit. You, and not Strings, will have full responsibility for all Content you submit, including its legality, reliability, and appropriateness. When you submit, post or display any Content on or through the Services, you will have the option to select your preference regarding who may view your Content and you hereby grant to Strings a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Services and in accordance with your preferences and the Strings Privacy Policy. You represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Strings asks that you respect our on-line community and other users. When submitting Content to or otherwise using the Services, you agree not to:

  • submit material that violates a third party’s proprietary rights, including privacy and publicity rights, or that otherwise violates any applicable law
  • publish falsehoods or misrepresentations that could damage Strings or any third party
  • submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate
  • post advertisements
  • Impersonate another person or represent yourself as affiliated Strings, our staff or other industry professionals.
  • Solicit a member's password or other account information.
  • Harvest user names, addresses, or email addresses for any purpose other than to conduct Strings business.

This list is an example and is not complete or exclusive. These Terms do not require Strings to monitor or remove any Content or other information submitted by you or any other user. Strings reserves the right to terminate your access to your account, your ability to access and post to the Services, or to receive the services, or remove your Content, with or without cause and with or without notice, or for any action that Strings determines is inappropriate or disruptive to the Services or to any other user of the Services. You hereby agree to waive any claims against Strings and its affiliates, contractors, agents and employees for losses, damages and injuries for which are based on or relate to communications or materials posted on the Services by persons other than Strings. Strings may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Strings's discretion, Strings will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Services.

Ownership

The Services are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Strings and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site or any Application. Any feedback, reports or evaluations of the Site or Services or an Application ("Feedback") that you provide to Strings will be the property of Strings. You agree to assign, and hereby assign, all right, title and interest worldwide in the Feedback.

Third Party Content

Certain information and content may be provided by third party licensors and suppliers to Strings ("Third Party Content"). The Third Party Content is, in each case, the copyrighted work of the creator/licensor. Unless you have permission from the owner of the Third Party Content, you agree to only display the Third Party Content on your personal computer solely for your personal or business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. Strings DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Links to Third Party Sites

The Services may include links to other sites that are not Strings Sites. Strings is providing these links to you only as a convenience, and Strings is not responsible for the content or links displayed on such sites. You are responsible for and assume all risk arising from your use or reliance of any third party sites.

Unauthorized Activities

The Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Services: (i) upload, post, email or otherwise transmit (a) any Content to which you do not have the lawful right to copy, transmit and display (including any Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the Content) or (b) any Content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity); (ii) attempt to access or search the Services or download content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Strings or other generally available third party web browsers; (iii) access, tamper with, or use non-public areas of the Services, Strings’s computer systems, or the technical delivery systems of Strings’s providers; (iv) gather and use information, such as other users’ names, real names, email addresses, available through the Services to transmit any unsolicited advertising, junk mail, spam or other form of solicitation; (v) use the Services for any commercial purpose or for the benefit of any third party or in any manner not by these Terms; (vi) violate any applicable law or regulation; or (vii) encourage or enable any other individual to do any of the foregoing.

We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms. You acknowledge that Strings has no obligation to monitor your access to or use of the Services but has the right to do so for the purpose of operating the Services to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

You shall indemnify and hold Strings and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) Strings or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Services or the use of the Services by any person using your user name and/or password (including without limitation your participation in the posting areas) violates any applicable law or regulation, or the rights of any third party.

Termination

If you breach any of these Terms, Strings will have the right to suspend, disable or terminate your access to or use of the Services, at its sole discretion and without prior notice to you. Strings will not be liable to you or any third party for termination of your access or use of the Services. Any suspension or termination will not affect your obligations to Strings under these Terms (including, without limitation, ownership, confidentiality, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension or termination.

Copyrights and Copyright Agents

Strings respects the intellectual property of others, and we ask you to do the same. Strings may, in appropriate circumstances and at our discretion, terminate service and/or access to the Services to users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and appears on our Services, please provide Strings's copyright agent the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
  • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • identification of the URL or other specific location on the Services where the material that you claim is infringing is located;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Strings's agent for notice of claims of copyright infringement on this Site can be reached as follows:
By mail:
Strings, LLC c/o Cairncross & Hempelmann
524 Second Ave., Ste. 500
Seattle, WA 98104-2323

By e-mail:
feedback@strings.com

For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to feedback@strings.com.

Disclaimers

Your use of the Services (including any Application) is at your own risk. The Content available through the Services has not been verified or authenticated in whole or in part by Strings, and they may include inaccuracies or typographical errors. Strings does not make any warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of the Services; or (ii) that the Services (including any Application) will be error-free or that any errors will be corrected.

STRINGS, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITE, THE SERVICES, ANY APPLICATION OR ANY MATERIALS, THIRD PARTY CONTENT OR SUBMISSIONS, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY CONTENT CONTAINED IN THE SERVICES. THE SITE AND SERVICES, ANY APPLICATION, AND ALL CONTENT, INFORMATION, AND MATERIALS INCLUDED THEREIN ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STRINGS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION With THESE TERMS, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; (iv) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF the SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES AND (v) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT STRINGS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

General

Washington State law and U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms will be heard in the courts located in Washington State. If any of these Terms is found to be inconsistent with applicable to law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Strings's failure to enforce any of these Terms is not a waiver of such term. The Terms are the entire agreement between you and Strings and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Strings about the Services. We may revise these Terms from time to time, and we will try to provide at least 30 days notice prior to any new terms taking effect. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

Contacting Us

If you have any questions regarding this Privacy Policy please contact us via email at feedback@strings.com.

These Terms are effective as of: April 11, 2011