Terms of Service for OpenStrands Public Web Services

This Terms of Service Agreement ("Agreement") constitutes a valid, binding contract between you and MediaStrands, Inc, a Delaware corporation ("MediaStrands"), the owner and operator of the services and content accessible through www.MyStrands.com, and/or other websites registered to MediaStrands ("Sites") with respect to the use of MediaStrands public content and services via these websites. OpenStrans is provided subject to compliance with the terms of this Agreement. Your use of OpenStrands signifies and constitutes your acceptance of this Agreement, as it may be amended from time to time. Please read this Agreement carefully as it forms a binding contract between you and MediaStrands. Please print a copy of this agreement for your records.

MediaStrands takes the issue of privacy on the Internet very seriously. To view our privacy policy, click here.

Use of Contents

The content and services of Openstrands are for commercial, governmental, non-profit, or for your personal, noncommercial use subject to volume and breadth limitations detailed here. You shall only create a single Openstrands account and must provide accurate identification, contact, and other information required as part of the registration process. You shall not create any automated procedure or script that attempts to create multiple OpenStrands accounts.

You may write applications that interface with OpenStrands. You may make calls that use OpenStrands any time the service is available, subject to volume limitations noted above. If you create and release applications enabling calls to OpenStrands, those volume limitations apply to the sum of the calls made by all of the installed copies of the applications in aggregate.

You may publicize your use of OpenStrands, however, you shall not issue any press release concerning OpenStrands or this Agreement without our prior written consent. You agree to follow our guidelines concerning the use of our Marks and to be careful to use current guidelines, as the guidelines may change from time to time. You shall not in any manner state or imply any relationship between you and MediaStrands except as explicitly permitted by this Agreement, nor shall you state or imply that MediaStrands or its affiliates sponsors or endorses you, your application, or your business efforts.

You shall treat as personal your subscriber ID that you receive following successful registration to use OpenStrands. You are entirely responsible for all activities that occur through use of your subscriber ID. MediaStrands is not responsible for any loss of data you may have submitted as a result of unauthorized access under your subscriber ID.

If you wish to do anything other than the above, you must obtain MediaStrands™ prior written consent.

Use of Site

Your use of OpenStrands is at the sole discretion of MediaStrands, which may deny you further use of the Site at any time, for any reason, with or without cause. Your use of OpenStrands must always comply with applicable law. In particular, but without limitation, you agree and represent not to use OpenStrands to:

(a) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;
(b) upload, post, e-mail, create, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(c) upload, post, e-mail, create, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(d)?�upload, post, e-mail, create, or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware or telecommunications equipment;
(e) register more than once for OpenStrands services with the apparent intent of working around use limits imposed on individual accounts; or
(f) interfere or attempt to interfere in any manner with the functionality or proper working behavior of OpenStrands.

User Submissions

As a user of OpenStrands, you acknowledge that you may provide information regarding your tastes and preferences, and you hereby authorize MediaStrands and its affiliates to use such information. In some cases, use may include licensing the information to third parties in anonymous and aggregate form. Any information that MediaStrands collects about you will be used to enhance your utilization of the Sites or of OpenStrands. By using our web site, you consent to the collection and use of this information by MediaStrands and its affiliates.

By uploading material to any forum or by submitting any comments, recommendations or data ("information") to us, you automatically grant (or represent and warrant to us that the owner of such rights has expressly granted) to us a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, sub-license,translate, create derivative works of and distribute such information worldwide and/or incorporate such information into any form, medium, or technology now known or later developed. In addition, you represent and warrant to us that all so-called moral rights in the information have been waived.

There are some restrictions on the kinds of "tags" that can go on tracks, artist, playlists: No celebrities, politicians, world leaders or convicted criminals. In addition, nothing "newsworthy", obscene, offensive, blasphemous, pornographic, menacing, supportive of unlawful action "or otherwise objectionable" is allowed.

Links to Other Sites

OpenStrands may contain URIs defining links to the Sites, and the Sites may contain links to third party websites. Such third party websites are not under the control of MediaStrands. Please note that MediaStrands is not responsible for the accuracy or content of websites of other providers that may have links from this Site. Accordingly, MediaStrands can make no representation concerning the terms of use, privacy policies or content of these sites to you, nor can the fact that MediaStrands has provided this link serve as an endorsement by MediaStrands of this or any other site. In creating hypertext links to any other website, MediaStrands is not recommending that website or giving any assurances as to its standing. MediaStrands is providing this link only as a convenience to you. The inclusion of these links is not intended to reflect their importance, nor is it intended to endorse any views expressed, or products or services offered, on these outside sites, or the organizations sponsoring the sites. MediaStrands makes no warranties, explicit or implied, regarding the performance of the links, the performance of the outside sites or the contents of the outside sites. If you decide to access linked third party websites, you do so at your own risk.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS MediaStrands AND ITS AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION CLAIMS BASED UPON THE NEGLIGENCE OF MediaStrands, ARISING FROM OR RELATED TO YOUR USE OF THE SITE, THE MATERIALS IT CONTAINS, AND ANY SITES LINKED TO THIS SITE.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MediaStrands EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED HEREUNDER, OUR EFFORTS, OR THE SITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.

(b) MediaStrands MAKES NO WARRANTY THAT:
(1) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(2) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR
(3) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(d) NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BREWER OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitations and Exclusions of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MediaStrands SHALL NOT BE LIABLE 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 (EVEN IF MediaStrands HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

(a) THE USE OR THE INABILITY TO USE THE SITE;
(b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR
(d) ANY OTHER MATTER RELATING TO THE SITE.

IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE. YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST MediaStrands ARISING OUT OF THE USE OF THE SITE.

MediaStrands SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY SITES IN RELATION TO THE INFORMATION PROVIDED IN THIS SITE.

Intellectual Property Rights

You retain all intellectual property rights you may have in the applications you create which utilize OpenStrands, subject to MediaStrands??? established rights in OpenStrands.

(a) MediaStrands grants you a personal and non-exclusive right and license to use the source code of sample programs of OpenStrands on one or more computers; you may modify, create derivative works from, and charge for such modifications or derivative works; provided that you do not alter, remove or obscure MediaStrands´ copyright notice, trademarks, or other intellectual property notices from the sample programs or the documentation.

(b) MediaStrands grants you a personal, revocable, non-transferable, and non-exclusive right and license to use and sub-license on one or more computers any object code on the Sites that MediaStrands provides to you as part of OpenStrands; provided that, when the source code from which the object code may be created is not also part of OpenStrands, you do not (and do not allow any third party to) modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software for OpenStrands.

(c) The MediaStrands' logos, and other trademarks, service marks, labels, product names and service names (collectively, the "Marks") are owned or licensed by MediaStrands. You agree not to copy, display or otherwise use any of the Marks without the prior written permission of MediaStrands. Notwithstanding the foregoing, the Marks may not be used in any manner likely to cause confusion, disparage or dilute these marks and/or in connection with any product or service that is not authorized or sponsored by MediaStrands, Inc.

(d) The entire Sites, and all object code and source code, text, graphics, multimedia content, including but not limited to images, illustrations, audio and video clips other than those copyrighted by third parties, html and other mark up languages, and all scripts within the site associated therewith, are copyright 2003-2008, MediaStrands, Inc. All rights reserved.

Modification

MediaStrands may update, revise, supplement, modify or amend this Agreement at any time. Any updates, revisions, supplements, modifications or amendments shall be effective immediately upon its posting on the Sites. You agree that you will be bound by this Agreement, however and whenever it is updated, revised, supplemented, modified, or amended, whether you have actual or constructive notice of, and whether you have used or continue to use the Sites after, the updates, revisions, supplements, modifications or amendments.

MediaStrands reserves the rights to charge a fee for services and content in excess of those in OpenStrands. MediaStrands also reserves the right to charge a fee for services initially included in OpenStrands with at least 90 days advance notice; in that case you do not have any obligation to continue using the service, and MediaStrands will state the fees, payment terms, and conditions in detail in advance for each such service.

Digital Millennium Copyright Act

You agree not to upload or transmit any communications or content of any type that infringes or violates any rights of any party. It is our policy not to permit materials known by us to be infringing to remain on the Sites. MediaStrands has made every effort to secure appropriate clearances for all proprietary intellectual properties used on the Sites and in OpenStrands. If you believe any material accessed via OpenStrands or on the Sites is infringing, please contact us immediately. Pursuant to the Digital Millennium Copyright Act, DMCA, we have registered an agent to receive copyright claims ("Designated Agent").

You may notify us of alleged intellectual property rights infringement by contacting our Designated Agent at:

MediaStrands, Inc. Attn: General Counsel, 760 SW Madison Ave., Ste. 106, Corvallis, Oregon 97333

Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set for the in the DMCA. You are encouraged to review them (see 17 U.S.C. ?� 512(c)(3)) before sending your claim.
Upon receipt of notice of claimed infringement, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.
Please do not send any other communications to the Designated Agent, who is appointed solely for the purposes of receiving notices of copyright claims under the DMCA.

Entire Agreement

This Agreement together with the Terms of Logo Use constitutes the entire agreement between you and MediaStrands with respect to your use of OpenStrands. There are no other representations, warranties, terms, agreements or conditions, either written or oral, with respect to your use of OpenStrands except as set forth in this Agreement and in the Terms of Logo Use.

Severability

If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason, then that provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of any remaining provisions.

Governing Law and Venue

This Agreement, the entire relationship between you and MediaStrands, and any litigation or other legal proceeding between you and MediaStrands (whether grounded in tort, contract, law or equity) shall be governed by and construed in accordance with the laws of the State of Oregon, without giving effect to its choice of law rules.

This contract is fully performable in Benton County, Oregon. Any litigation arising between the parties hereto shall be brought only in the state or federal courts having subject matter jurisdiction in Benton County, Oregon. You hereby irrevocably and unconditionally consent to the jurisdiction of any such court and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.

Termination

You may terminate this Agreement by simply ceasing use of OpenStrands; in that case you must delete from your computer(s) any music recommendations you may have obtained from the service that exceed one day´s volume limit on recommendation requests. MediaStrands may terminate your right to use OpenStrands, with or without cause at any time in its sole discretion, including, without limitation, your violation of this Agreement, failure to provide accurate registration data, and lack of use. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.