Strimm, Inc. (the “Strimm.com” or “Strimm” or “Site”) provides social networking services and video content streaming that enable users watch video shows at certain time and continuously, upload video, audio, graphic and textual content to the Site, create video playlists, store videos, schedule video broadcast and socialize (communicate with other users) right on the Site (collectively, the “Service”, “Services”).
1. Eligibility and Registration.
In order to access certain features of the Site and Services, you will have to create a Strimm account and become a "User". To become a User you must be at least 13 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
If you are under 13 years of age, then please do not use the Strimm.com Site unless you have direct and constant supervision from your parents or legal guardian. Parents and legal guardians should be aware that certain parts of the site (e.g., those containing videos with adult or drug or violence themed language and/or content) may be unsuitable for younger viewers.
No portion of this Site is targeted to minors younger 13 years old, and any such minor should seek consent of his or her legal guardian before using this site. Please be aware that Strimm Site may have certain areas that contain adult, drug, violence or mature content with or without notification to viewers. You must be at least 18 years of age to access and view such areas.
Nevertheless, all users of the site who create playlists featuring adult themed content must to indicate that their channel may contain content that is unsuitable for viewers under 18.
When you register, you will be requested to provide an email and choose a username and a password. You are responsible for safeguarding your password and you agree not to reveal your password to any third party. You must provide an accurate e-mail address and must continue to maintain the accuracy and accessibility of your e-mail address for the balance of your duration using the Service. Strimm reserves the right (but not an obligation) to cancel any accounts where it is unable to reach the owner of the account in a reasonable timeframe by e-mail, or, in any event or when the account is not accessed by the owner in ninety (90) days period. Please ensure that your e-mail address is always current and that you access your account at least once every ninety (90) days, especially if you registered channel with a unique name.
You agree that you will be solely responsible for any activities, content or any actions taken inside of your account under your password, whether or not you have authorized such activities or actions. You will immediately notify Strimm of any unauthorized use of your password. You agree that the information that you provide to us upon registration, and at all other times will be true, accurate, current and complete. Without limiting any other positions of these Terms, you may not use false identities or impersonate any other person or use a username or password that you are not authorized to use. Strimm reserves the right (but not an obligation) to require you to change your username or channel name or password for any reason and may do so at any time.
No user may attempt to access another user’s account without direct authorization of that user. Any such action will result in instant deletion of your account and data and you will be restricted eternally from further use of the Site and Services.
You should print off or save a local copy of the latest version of the Terms for your records.
2. Changes to the Terms
3. Content on the Site
The Site allows users to upload, post, link and/or distribute USER-GENERATED CONTENT. You understand and agree that all user-generated content, feedback, data, comments, suggestions, information, text, data, software, sounds, photographs, audio, audiovisual, video, artwork, graphics, messages and other content of any nature ("Content") that are transmitted to or via the Site is the sole responsibility of the person from which the Content originated. Strimm cannot verify the authority prior to its publishing and may not be able to do so after it is been published on the Site. This means you, and not us, are entirely responsible for the Content you transmit through the Site.
Further, you understand that by using the Site you may be exposed to Content that is offensive, objectionable or indecent. If you believe that content placed by another user infringes your copyrights, then you may contact Strimm with complete proof of your authority to the content. However, if Content is being linked to Strimm from third-party website or source, then you have to contact that third-party website or source directly. Strimm has no rights or authority to control such Content and does not have the capabilities to remove content from a third-party website. In most cases Strimm clearly identifies the third-party website or source of the video content and where the video is hosted with a third-party source logo that appears more frequently in the bottom right or left corner of the video display.
Content owners who find their own unauthorized copyrighted material on Strimm through third-party website or service should CONTACT THE SOURCE WEBSITE DIRECTLY for any complains and not the Strimm.
You understand and agree that you are solely responsible for your own Content, placed by you on the Site and the consequences of posting or publishing it. Strimm expressly disclaims any and all liability in connection with Content. You also agree that we have no liability or responsibility for the storage or deletion of Content that you or any other persons submit or post.
You represent and warrant that you have all required licenses, rights, agreements, and permissions which are required to post your Content on the Site, and otherwise to use your Content in the manner anticipated by the Services and the Terms.
You shall not create and/or distribute content or a user name or screen name or channel name or board name or video room name or upload to, distribute through or otherwise publish through the Site Content which is infringing someone copyrights, trademarks or other intellectual property right of any third party, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, harmful of minors in any way, abusive, illegal or harassing, or contain expressions of hatred, bigotry, racism or pornography, or are otherwise objectionable, or that would constitute or inspire a criminal offense, violate the rights of any party or violate any law or that you do not have a right to make available under contractual relationships.
You are not allowed to:
- 1. Award an interest in, sell or transfer copies of all or any portion of the Service to other parties in any way not expressly authorized herein, nor shall you rent, lease or license all or any portion of the Service to others;
- 2. Frame or otherwise display any portion of the Site or its contents that is not your User-Generated Content without prior authorization from the owner and the Strimm;
- 3. Exploit the Service or any of its parts for any commercial purpose whatsoever without the express prior written authorization of Strimm
- 4. Host, modify or add components to the Service, use of utility program or any other techniques now known or hereafter developed, for any purpose, including without limitation unauthorized access in any form over the Internet to the Strimm Site;
- 5. Facilitate, create or maintain any unauthorized connection to the Site and Service, or any portion thereof, including without limitation any connection to any unauthorized server that emulates, or attempts to emulate, the Service and the Site.
- 6. Use the Site and Service in a manner prohibited by any applicable law or government regulations.
You further understand and agree that by using the Service, you may be exposed to.
Content that is inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Strimm with respect to any such Content.
You shall not upload to, distribute through or otherwise publish through the Site a Content that contains viruses or any other computer code, corrupt files or special programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment of the Site or any third party. You agree that you shall not affect other users' ability to interact with the Site or collect their personal data without their prior authorization.
You further understand and agree that Strimm reserves the right (but no obligation) to decide whether your Content complies with Strimm Terms. You agree that Strimm may remove such Content and/or terminate a User's access if Content violates any of these Terms at any time, without prior notice and at its sole discretion.
4. Ownership of Content and Trademarks
When you upload or post your User-Generated Content to Strimm, you grant:
- a. To Strimm, a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, show any types of advertisement on your channels and during video broadcast, prepare copied works of, display, make Original User-Generated Content available to the public, broadcast and publically perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and Strimm business, including without limitation for promoting and redistributing part or all of the Service in any media formats and through any media channels;
- b. To each user of the Service, a worldwide, non-exclusive, royalty-free license to access your Content through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the functionality of the Service and under these Terms. If you elect your board or video room or channel to be publicly accessible, then you understand and agree that any user of the Site may access your board or video room or channel and use your Content on his own channel or board or video room without limitation and royalty-free.
You understand and agree that Strimm may or may not, at its own discretion, share advertisement revenue, placed on your channel or board, with you as account holder. The above licenses granted by you are permanent and irreversible. You may revoke this license at any time by requesting to cancel your account.
With the exception of User-Generated Content submitted to the Site by you, you are not granted any right and/or license, or ownership including any copyright, trademark and other intellectual property rights to any Content submitted or posted on the Site. Any third party brands, trade or service marks present on Content not uploaded or posted by you are brands, trade or service marks of their respective owners. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Strimm or any third party with respect to any such image, logo or name. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Strimm.
You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, Content or related products and services and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site and Content.
You admit that you are aware that Strimm has limited capability to control or monitor possible infringement of your intellectual property rights by other parties and that Strimm assumes no responsibility for controlling or monitoring such intellectual property rights. In addition, Strimm is not responsible for enforcing your intellectual property or for taking legal action against infringers or against people or sub-licensees who fail to cease using the original user generated Content upon withdrawal of your license. You further accept that Strimm cannot recover content that has been downloaded by others, and its actions upon withdrawal are limited solely to removing the ability to access your original User-Generated Content on Strimm servers and attempting to inform sub-licensees of such revocation where practicable.
5. Commercial Usage of Content by Strimm
If Strimm has an occasion to make a commercial use of your original User-Generated Content, Strimm may or may not notify you of this fact and may or may not provide you with the opportunity to agree to participate in such use and in any revenues generated from such use based on Strimm Terms. Strimm, however, may place general advertising on the Site, your Board and your channels without any obligations of revenue share with you. Such advertisements are required to cover costs of managing and further developing the Site and the Services.
Strimm may have subscription revenue services on the Site and enterprise sales or any other revenue streams, which Strimm shall have the rights to create and have at its own decision and under NO revenue share obligations to you. Under no circumstances Strimm is obligated to share its revenue with any user of the Site.
Strimm is a Site that intended for non-commercial use by Users. Without limiting other restrictions, you agree not to reproduce, transmit, sell, or otherwise exploit the Site and its content for any commercial purpose without Strimm prior written authorization.
6. Forbidden Content and Use
You are not allowed to use any automated system or software that accesses the Site, including your channels, in a manner that sends more request messages to the Strimm servers than a human can reasonably produce during casual surfing, using a conventional online web browser. You are not allowed to created artificial views of your videos, using an automated system and not actual viewers.
You agree not to collect or harvest any personally identifiable information, including channel names and content, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes.
Any user of the Site is solely responsible and liable for any User-Generated Content that he or she uploads, posts, links from the third party Service, inputs, publishes or otherwise distributes using the Service on the Site. As a condition of your use of the Site, you agree not to use the Site for any unlawful or prohibited purpose. The User-Generated Content, which is prohibited to be used on the Site, includes, but is not limited to:
- 1. Content, which includes any illegal or unauthorized copy, in whole or in part, of another person’s copyrighted or copyrightable work;
- 2. Content that discloses trade secrets without proper authorization, or otherwise infringes the proprietary rights of a third party;
- 3. Content, which misleads and/or misrepresents the source or identity of any material;
- 4. Content, which is unlawful, inappropriate, obscene, defamatory, libelous, threatening, abusive and harassing;
- 5. Content that promotes racism, bigotry, hatred, terrorism or physical harm of any kind against any individual or group, or encourages any other conduct that would be considered a criminal offence, create civil liability, or is otherwise offensive to users of the Site or the wider online community;
- 6. Content, which is showing porn, excessive nudity, cruelty, false or deceptive;
- 7. Content, which violates the rights of privacy or publicity of any person;
- 8. Content, which includes material that exploits people under the age of 18 in a sexual or violent manner;
- 9. Content, which is unlawful under the laws of any individual country, state or locality, or any international treaty or convention;
Strimm is unable to monitor all User-Generated Content on the Site. You understand and agree that Strimm is a service provider that may allow users to socially interact online regarding topics and User-Generated content chosen by the users. Strimm does not endorse any User-Generated Content or any opinion, recommendation or advice that may be expressed. Strimm may, without notice to you, remove or block any User-Generated Content, including disabling access to such User-Generated Content if any provision of these Terms is violated or if Strimm feels that interests of its other Users are best served by such removal. Strimm may terminate your access to the Site and may refer the User-Generated Content to law enforcement authorities if Strimm believes a crime has been committed or about to be committed.
7. Strimm Services, Including Paid Subscriptions
- a. License to Use Our Services. Subject to this Agreement, we and our licensors grant to you a limited, non-exclusive, non-transferable license to use our paid services on a single website, based on this Agreement, for your personal or business use and not for resale or further distribution. Your right to use our services is limited by all terms and conditions set forth in this Agreement. Except for your pre-existing rights and this license granted to you, we and our licensors retain all right, title and interest in and to our services, including all related intellectual property rights. Our services and those of our licensors are protected by applicable intellectual property laws, including United States copyright law and international treaties.
- b. Paid Services and Auto-Renewal. Please see our subscription pages for current subscription plans, features and pricing. Features and prices are subject to change. Additional terms and conditions (to be shown prior to purchase) apply to custom accounts. All fees may be subject to taxes. By default, all subscriptions are set to automatically renew for the same period of time as the original subscription. You may decline to renew at any time prior to the commencement of a renewal subscription. If you sign-up for any Strimm subscription plan or Service, the payment Terms and Obligations shall commence on the day you access the Strimm Services for the first time and shall continue until your account is cancelled to which you cease using Strimm Services (the “Term”). If you are purchasing Strimm packages on a subscription basis, you can choose to purchase on a monthly or yearly subscription and your subscription will renew automatically. You authorize Strimm to charge your credit card or a PayPal account, or any other payment method (“Payment Method “) on each monthly, annual, or other renewal term (based on the applicable billing cycle), on the calendar day corresponding to the first day you subscribed to a paid subscription. When you provide a Payment Method to us, you confirm that you are permitted to use that Payment Method. You also authorize us to collect and store it, along with other related transaction information. When you make a purchase, you authorize us (and our designated payment processor) to charge the full amount to the Payment Method you designate for the transaction. If your paid subscription to Strimm services began on a day not contained in a subsequent month (e.g., your service began on January 30 and there is no February 30), Strimm will process your payment on the last day of such month.
- c. Free Trial Period. If you sign up online for a Strimm subscription plan with a free initial trial period (the “Free Trial”), you must provide Strimm with a valid credit card or PayPal account. If you do not cancel your Strimm subscription plan within the Free Trial period from the date it was initially created, your credit card or PayPal account will automatically be billed starting on the first day after the Free Trial is over. If you cancel your Strimm subscription plan prior to the beginning of the paid period, no charges will be put through your credit card or PayPal account.
- d. Purchases by Authorization Form or Invoice. If an Authorization Form is issued for the purchase of Strimm Services, you agree to pay all fees as and when described per the Authorization Form(s). Strimm shall invoice you for the fees in the currency set forth on the Authorization Form. Unless otherwise stated on the Authorization Form, all invoices shall be payable within 30 days of the invoice date. Any disputed amounts shall not affect payment of non-disputed amounts. You shall make payments to the entity and address set forth in the invoice.
- e.Late Payment. If any amounts due hereunder are not received by Strimm by the due date, then, at Strimm’s discretion, such charges may accrue late interest at the rate of 12% per year or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid. In addition, upon 7 days' written notice, Strimm may suspend your access to the subscribed services and/or restrict or terminate your access to your account and Strimm services and Strimm products if Strimm does not receive the payment on the due date.
Upon termination of Strimm Services and/or this Agreement for any reason, (i) you will immediately cease the use of the Services; (ii) you will have no further access to your account or paid subscription provided by Strimm; and (iii) you will pay Strimm all unpaid amounts owing to Strimm.
- g. Effect of Termination of Account or Service or Subscription. If you cancel the plan, the access to the subscribed Strimm services will be terminated. In this case, the channel, schedule and content that you created and submitted may no longer be available to you and your audience. You agree that Strimm shall not be responsible for any loss caused by termination an access to the subscribed services.
As an example, if you subscribed to any Channel Embedding plan, then embedded your channel on your website and then your plan or account becomes terminated or canceled, your embedded channel may disappear from your site or be no longer available. It may affect the overall appearance of your site and/or page. It may affect your own services and/or your own business. Strimm holds no liability if something like this were to occur. By using Strimm services, you agree to these Terms.
- h. Taxes and Withholdings. You are responsible for paying all Taxes associated with your purchase of services. If Strimm has the legal obligation to pay or collect Taxes for which you are responsible under this Section, the appropriate amount shall be invoiced to and paid by you, unless you provide Strimm with a valid tax exemption certificate authorized by the appropriate taxing authority. Any and all payments by or on account of the compensation payable under this Agreement shall be made free and clear of and without deduction or withholding for any Taxes. If you are required to deduct or withhold any Taxes from such payments, then the sum payable shall be increased as necessary so that, after making all required deductions or withholdings, Strimm receives an amount equal to the sum it would have received had no such deduction or withholding been made.
- i. Other Purchases. Purchases of other products and services through the Strimm Service are subject to our Payment Addendum or Agreement and to other terms and conditions that are presented to you at the time of purchase.
8. Service Availability
Strimm uses all reasonable means to ensure that the Service is available 24 hours a day, 7 days a week. However, there may be occasions when the Service will be interrupted for maintenance, upgrades, excessive loads, and emergency repairs or due to failure of telecommunications links and servers or due to equipment issues, software errors or other circumstances that are beyond the immediate control of Strimm. Reasonable steps will be taken by us to minimize such Service disruption where it is within the reasonable control of Strimm.
Strimm may add certain features or functionalities on the Site, from time to time and without notice to you, or delete some of them from the Service we provide. Strimm has the right to shut down the Service completely at its sole discretion, if Strimm is required to do so. By using the Site, you understand and agree that Strimm shall not and will not be liable to you for any such interruptions, modification, changes, suspension or discontinuance of the Service on the Site.
9. International Use of the Site
Recognizing the worldwide nature of the Internet, you agree to comply with all local rules and regulations regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
10. User-created names on the Site
As a part of the Service, a user may create a unique username, board name, video room name, channel name and as a result a custom channel URL will be created in the form of strimm.com/channelname. Strimm reserves the right, but no obligation, to revoke any particular name of a user, disable a particular URL or user account, if it violates these Terms or any other reasonable cause. To prevent such causes, a user must follow the requirements of these Terms and some direction below on choosing appropriate custom Names of the username, board, video room or channel. As a general guidance, the Names should NOT include the following:
- 1. Any trademarked names, brands, or names of well-known companies, which are not yours, or any variation that might reasonably be confused with the original trademark owner. This includes, for example, adding words such as “TV” to an existing trademark or digits;
- 2. Any name of a well-known music band, celebrity, individual, movie, TV show, landmark or sport team, which are not yours. However, variations are allowed, for example “WorldOfFrankSinatra” or “HistoryOfQueens”, etc.
- 3. Any direct name of a country or a city, unless you officially represent government of that location and have a legal governmental authority to do so. It includes, for example, adding words such as “TV” or digits, like “FranceTV” or “Canada1”. However, variations are allowed, for example “BestOfFrance” or “NatureOfCanada”
- 4. Any name of a major genre, for example strimm.com/comedy. However, genre variations are allowed, like strimm.com/comedyworld or strimm.com/musicTV
- 5. Any name, which is certainly misleading or which gains a benefit through the misleading people;
- 6. Anything of an adult, violence or offensive nature or which promotes racism, bigotry, hatred or physical harm or harassment of any kind against any group or individual or business;
- 7. Anything, which infringes someone privacy and includes personal information of another person besides yourself, including that person’s name, address, social security number, telephone number, etc;
- 8. Anything which might reasonably be confused with a present or future service or a page of the Site. Please use your common sense, do not register channel and URL under strimm.com/sales or strimm.com/education or similar. It will lead to confusion, disappointment and will be removed by Strimm.
Please know that we strongly recommend you to choose a more personal or unique name such as strimm.com/AlexTV or strimm.com/XOtravel, etc. Doing so will ensure that there are no problems in the future and helps create a good service for all. We do not want to revoke names or URL’s away from users, since we do not want to hurt you in any way, but will have to do so, if our Terms, requirements and guidelines are not followed.
A user may register no more than ten (10) channels per account. No user may register a unique channel name, which he does not intend to use during the next ninety (90) days or is not using it for one reason or another during that period. Strimm reserves the right to monitor names registration and account activity and reclaim, disable or otherwise prevent any user from any such activity or revoke names without warning or notification, where we do not feel is in the best interests of the Service or there is no activity for ninety (90) days or more or where there are violations of the Terms.
11. Interactions between users
You are exclusively accountable for your interactions, including any disputes or posts, with other users. You understand and agree that Strimm is not able to know or monitor all users and their interactions with other users on the site and offline. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and Services and disclosing personal information to other Strimm Users. You agree to take reasonable precautions in all interactions with other Strimm Users, particularly if you decide to meet a Strimm User offline, or in person. Your use of the Site, Services, Content and any other information or other materials made available through the Site or Services is at your sole risk and discretion. Strimm hereby disclaims any and all liability to you or any third party relating thereto and you agree not to hold Strimm liable for it. Strimm reserves the right to contact Users, in compliance with applicable law, in order to evaluate compliance with the rules and policies in these Terms of Service. You will cooperate fully with Strimm to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting authorized Strimm representatives access to any password-protected portions of your Strimm account.
12. General Use And Storage
You understand and agree that we may establish general practices and limits concerning use of the Service, including and without limitation the maximum number of days the User-Generated Content or Content created by Strimm will be retained on the Site, the maximum number of Content that may be sent from or received by an account, the maximum size of any Content materials, the maximum disk space that will be allotted to you, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. You recognize and agree that we reserve the right to log off accounts that are inactive for an extended period of time.
13. Copyright of Strimm.com Site
a) Copyright of Strimm proprietary content
With the exception of Content submitted to the Strimm by you, you are not granted any right and/or license, or ownership including any copyright, trade mark and other intellectual property rights to any Content, other than as explicitly set forth in this policy. Such content on the Strimm.com website (“Site”), including without limitation, the text, software, graphics, photos, posts and any Strimm owned and hosted videos, which are owned by or licensed to Strimm, subject to copyright and other intellectual property rights and trademark laws, trade secret laws, foreign laws, and international conventions. Other than as specifically permitted, you may not engage in the unauthorized use, broadcasting, copying, or distribution of any of said content of Strimm. All copyright, trademarks, service marks and other intellectual property rights in the Site (including the design, arrangement, and look and feel) and all material or content supplied as part of the Site, other than User-Generated Content, shall remain at all times the property of Srimm, Inc.
b) Copyright of third party content
Strimm is a video platform, which provides a user-generated content to the public. Strimm respects the intellectual property of others, and we ask our users to do the same. It is strictly the user’s responsibility to ensure that they are complying with the applicable copyright laws and this copyright policy should not be a substitute for a professional legal advice.
Please know that if you create a channel or a playlist with videos from a third-party providers like YouTube or Vimeo or Dailymotion, you do not upload or download videos onto your account on Strimm. You simply create a link to their server, where the publicly shared video is located and is being streamed from. The video is also played on their embedded player. Since these third-party video providers allow embedding most of its videos and players on any public website, we use their embedding function to play their videos on Strimm and to allow scheduling a playlist. Only videos, which are allowed to be embedded and used by these third-party video providers on public sites and which are not restricted by them can be played on Strimm. While some videos posted on YouTube or Vimeo or Dailymotion may infringe someone’s copyrights, it is only under their control to respond to any copyright complaints and they usually do a great job by restricting and removing millions of videos, which infringe copyright laws. If the video added to your channel becomes restricted or removed by any of these video providers, a relevant message will appear in the video box, preventing you from using this video.
Please note that if you broadcast videos on Strimm from your own YouTube or Vimeo or Dailymotion account, it is then your own responsibility to comply with copyright laws.
If you are a copyright owner of the video and have found a video on Strimm that should not be there, we encourage you to contact a relevant video provider directly. The icon, identifying a video provider is usually located right on the video player. We have absolutely no way to control their user generated content and are not able to remove it from their servers. If the video is playing on our site, then it is playing on their site as well and on any other site it is embedded on. Click on their logo in the bottom right corner of the player (appears on mouse over) and you should be taken to the relevant page on their site. Then, you can file a complaint, directly on their website. Alternatively, you can copy the name of the video and search it on their website.
YouTube’s copyright information page is here.
Vimeo’s copyright information page is here.
Dailymotion’s copyright information page is here.
- • What information we may collect about you;
- • What we use that information for; and
- • With whom we share that information.
Your use of the Site, Services, Content and User-Generated Content is at your sole discretion and risk. The Site, Services, Content and User-Generated Content, and all materials, information, products and services included therein, are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind.
Channels and User-Generated Content created and posted by users on the Site may contain links to other websites and videos streaming from the third party websites. Strimm is not responsible for the content, quality, accuracy or opinions expressed on such websites or in the videos, and such websites or videos are in no way investigated, monitored or checked by Strimm. Thus, Strimm does not guarantee that any content available on the Site complies with this Agreement or is suitable for all users of all ages and genders.
Strimm expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of proper content of the Site, quality and availability of the Service, quality of broadcast, merchantability, suitability for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Strimm makes NO representations or warranties:
- a. regarding the security, accuracy, reliability, timeliness and performance of the Site, Content or Services;
- b. that the Site, Services, Content and User Submissions will be error-free or that any errors will be corrected;
- c. that the Site will have incorrect or inaccurate content posted on the Site or in connection with the Service, whether caused by Users of the Site or by any of the equipment or programming associated with or utilized in the Strimm Service;
- d. That the Strimm Service will be permitted in your jurisdiction;
- e. That the Strimm Service will be uninterrupted or error-free;
- f. Concerning any content submitted by any user of the Strimm Site;
- g. That any content you submit will be made available on the Strimm Service or will be stored by Strimm;
- h. That the Strimm Service will meet your business or professional needs;
- i. That Strimm will continue to support any particular feature of the Strimm Service.
Strimm takes no responsibility for third party advertisements which are posted on the Site or located in the videos or broadcasted directly from third party websites together with videos, nor does it take any responsibility for the goods or services mentioned and provided by its advertisers.
Strimm is not responsible for any problems or technical failure of any network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Strimm Services or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading Content in connection with the Strimm Service. Under no circumstances shall Strimm be responsible for any loss or damage, including personal injury or death, resulting from use of the Strimm Service, from any Content posted on or through the Strimm Service, or from the conduct of any users of the Strimm Service, whether online or offline.
Strimm reserves the right to modify the Strimm Service and shall assume no liability for such modifications. Strimm cannot guarantee and does not promise any specific results from use of the Strimm Service. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of ninety (90) days after the date on which you first used the Strimm Service, and no warranties shall apply after such period.
16. Limitation of Liability
In no event and to the fullest level allowed by law:
- a. Strimm shall not be liable to you any third party for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses;
- b. Strimm total liability to you shall not exceed the amounts paid by you to Strimm over the ninety (90) days preceding your claim(s).
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. Thus, the above limitation may not apply to you. You have to check your local laws and regulations before you start using the Strimm Service and Site. If you disagree with these Terms or the Site or Service, your sole and exclusive remedy is to discontinue using the Strimm Site and Service.
17. Compliance Notice Pursuant to 18 U.S.C. § 2257
All pictures, graphics, videos, and other visual media displayed on the Strimm Service are exempt from 18 U.S.C. § 2257 and 28 C.F.R. 75 because they do not consist of depictions of conduct as specifically listed in 18 U.S.C. § 2256 (2) (A) - (D), but are merely, at most, depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995. Strimm is not the primary producer of the visual content contained in the Strimm Service and Site.
You agree to indemnify, hold harmless, and defend Strimm and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns (collectively "Indemnified Parties") from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys' fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to:
- a. your use of and access to the Strimm.com Site;
- b. your violation of any term of these Terms;
- c. your violation of any third party right, including without limitation any copyright, property, or privacy right; or
- d. your User-Generated Content, uploaded, linked to or posted on Strimm.com Site;
- e. any Commercial Products you offer on or through the Site or using our Services;
- f. any claim that one of your actions caused damage to a third-party. This defense and indemnification obligation will survive these Terms and your use of the Strimm.com Site.
This includes, but is not limited to, any breach or violation of this Agreement by you or anyone utilizing your account. You agree to fully cooperate, at your expense, as reasonably required by an Indemnified Party.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Strimm without limitation.
20. No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to this Agreement.
21. General Legal Terms
- a. Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delays by Strimm in exercising any right hereunder will waive any further exercise of that right. Strimm rights and remedies hereunder are cumulative and not exclusive.
- b. These Terms constitute the entire understanding and agreement between you and us and govern your use of the Site, superseding any prior agreements. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services, affiliate services, third-party content or third-party software.
- c. This Agreement shall be governed by the laws of the State of Illinois, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
- d. Any action arising out of or relating to this Agreement or your use of the Strimm Service must be commenced in the state or federal courts located in Cook County, Illinois, United States of America (and you consent to the jurisdiction of those courts). In any such action, Strimm and you irrevocably waive any right to a trial by jury.
- e. You agree that Strimm may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Strimm.com Site. For support-related inquiries, you may contact us, using our contact information and tools, located on Strimm.com Site or by mail:
Attention: Legal Department
113 McHenry Rd., Unit #147
Buffalo Grove, IL 60089, USA
Nothing herein shall limit Strimm right to object to subpoenas, claims, or other demands.
- f. This Agreement may not be modified except by a revised Terms of Service posted by Strimm on the Strimm Site or a written amendment signed by an authorized representative of Strimm. A revised Terms of Service will be effective as of the date it is posted on the Strimm Site.
- g. This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Strimm prior written consent. No third party shall have any rights hereunder.