Terms of Use Agreement

This Terms of Use Agreement ("Terms") governs your use of the sites mystrands.com and partystrands.com (the "Sites") and the Sites' online services (the "Services"). The Terms are an agreement between you and MediaStrands, Inc., an Oregon corporation ("us" or "MyStrands"). By accessing and using one of the Sites, you agree to these Terms. If you do not agree to these Terms, you may not access and use the Sites. Please read these Terms carefully and print a copy for your records.

MyStrands may, in its sole discretion, change or amend this Agreement at any time. Notice of such changes will be posted on the MyStrands website(s). Your continued use of the Software and Services following notice of such changes will be deemed your acceptance of any such modification. If you do not agree to any such changes, you must immediately stop using the Software and the Services.

MyStrands takes your privacy seriously. To view our privacy policy, click here.

No License for Third Party Content

You are solely responsible for ensuring that you have all necessary rights or permissions to use content recommended by MyStrands. MyStrands does not grant you any license rights to third party content, including without limitation the songs or other works of authorship recommended by MyStrands. Any use of third party content by you that violates the law or the rights of another is prohibited by and a violation of these Terms.

User Submitted Content

From time to time, you may submit to us copies of works of authorship such as pictures or songs ("Content"). You retain all ownership rights to any Content posted to or transmitted by you through the Service to which you are entitled by law. We do not claim any ownership rights to any Content posted to or transmitted by you through the Service. However, by uploading Content to one of our Sites, you grant (or represent and warrant to us that the owner of the copyright has granted) to us a perpetual, royalty-free, irrevocable right and license to display, perform, reproduce, adapt, and distribute such Content, and to incorporate such Content 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 Content have been waived.

Although MyStrands does not exercise editorial control over the Content, and further recognizes that art comes in many forms, we reserve the right to take action to prevent the misuse of the Service for unlawful or objectionable content. Accordingly, you agree not to use the Service to post, upload, or transmit any Content that is:

(1) unlawful under the laws of any jurisdiction to which you or MyStrands are subject;
(2) harmful, threatening, harassing, defamatory, invasive of the privacy of another, or obscene (including without limitation any images or depictions of child abuse, child pornography, or minors engaged in sexual conduct or explicitly sexual situations);
(3) insider information, or any other proprietary or confidential information;
(4) an infringement of any patent, trademark, trade secret, copyright or other intellectual property right;
(5) falsified, including without limitation the use of forged headers or otherwise manipulated identifiers in order to disguise its origin; or
(6) containing or transmitting software viruses or any other malicious computer code, files or programs designed to gain unauthorized access to a computer, or to interrupt, destroy or limit the functionality of any computer software. You agree to indemnify and hold harmless MyStrands from any liability incurred as the result of your violation of these Terms, in accordance with the applicable provisions of these Terms.

Users of our Services have the opportunity to submit profile photos or tags, to appear with postings on our Sites. If you are a registered user of MyStrands and you participate in a partyStrands event, your regular profile photo and tags will be used at the event and on the partyStrands web page for the event. You may also post photographs of the event at the event's web page. Tags or photos depicting celebrities, people in the news, politicians, world leaders or convicted criminals are not permitted. Tags and profile photos are Content subject to the restrictions in the preceding paragraph of these Terms, and may not be used to impersonate or violate the privacy of another person.

User Submitted Comments, Suggestions and Ideas

Comments, feedback, suggestions, or ideas submitted to MyStrands (collectively "Comments") are not "Content" as defined above. In consideration of your use of the Sites and Services, you hereby assign all right, title and interest in and to such Comments to MyStrands. If you are aware of a patent, pending or issued, that may cover the Comments you submit, or affect their use or implementation, please include that information in your submission.

Use of Services

Your use of the Services is at the sole discretion of MyStrands, which may deny you further use of the Services at any time, for any reason, with or without cause, including, without limitation, for your violation of this Agreement, failure to provide accurate registration data, or lack of use. In the event of termination, all representations, warranties, indemnifications, and promises made by you will survive. Your use of the Services must always comply with applicable law, including but not limited to all laws respecting copyright. You agree not to use the Services to impersonate any person or entity, or to falsely state or otherwise misrepresent your affiliation with any person or entity.

Unauthorized use of the Services includes collecting usernames, email addresses, or other personal information of members for any commercial purpose, including but not limited to advertising, marketing, and sending of unsolicited email about any goods or services. You are also not authorized to present any of the Sites, or any part of any of the Sites, in a "frame" or inline link on any other site. Unauthorized or illegal uses of the Sites and Services will be investigated, and appropriate legal action will be taken.

Our Compliance With Copyright Law

We will comply with all applicable laws respecting copyright. If you believe your copyright in a work has been infringed through one of our Sites, please contact our agent for notice of claims of copyright violation:

MediaStrands, Inc.
Attn: General Counsel
760 SW Madison Ave., Suite 106
Corvallis, Oregon 97333
dmca@MyStrands.com

You must provide our agent with the following information in writing: (1) a description of the copyrighted work you believe has been infringed; (2) information sufficient to identify the location of the allegedly infringing material on MyStrands; (3) your address, telephone number, and email address; (4) a statement to the effect that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (4) a declaration, under penalty of perjury, that the information you have provided is accurate and that you are the owner of the copyright involved or you are authorized to act on behalf of that owner; and (5) your physical or electronic signature. Upon receiving your complaint, we may remove content that you believe infringes your copyright. In addition, we may terminate the account of the registered user responsible for posting or transmitting the infringing material.

MyStrands Not Liable for Misuse by Third Parties of Posted Content

MyStrands has implemented certain procedures designed to reduce the likelihood that Content posted to the Sites may be altered or otherwise misused by third parties. However, we cannot guarantee that unauthorized alteration or misuse will not occur. As to any Content you post to any of the Sites, you agree to waive any and all claims you may have against MyStrands, and to hold us harmless, for any unauthorized alteration or misuse of such Content, including but not limited to claims arising under the laws of countries other than the United States for derogation of "moral rights".

Links to Other Sites

The Services may contain links to third party websites. Such third party websites are not under the control of MyStrands, and MyStrands is not responsible for the accuracy or content of websites of other providers that may have links from this Service. Accordingly, MyStrands can make no representation concerning the terms of use, privacy policies or content of these sites to you, nor can the fact that MyStrands has provided this link serve as an endorsement by MyStrands of this or any other site. In creating hypertext links to any other website, MyStrands is not recommending that website or giving any assurances as to its standing. MyStrands 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. MyStrands 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 mystrands and its affiliates from and against any and all claims, damages, costs, and expenses, including without limitation claims based upon the negligence of mystrands, arising from or related to your use of the service, the materials it contains, and any sites linked to the service.

Disclaimer of Warranties

You expressly understand and agree that:

(a) Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Mystrands 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 service will fulfill any of your particular purposes or needs.
(b) Mystrands makes no warranty that:
(1) your use of the service will be uninterrupted, timely, secure, or error-free,
(2) the results that may be obtained from the use of the service will be accurate or reliable, or
(3) The quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.
(c) Any material downloaded or otherwise obtained through the use of the service 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 mystrands or through this service will create any warranty not expressly stated in this agreement.

Limitations and Exclusions of Liability

You expressly understand and agree that mystrands 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 mystrands has been advised of the possibility of such damages), resulting from:

(a) The use or the inability to use the service;
(b) unauthorized access to or alteration of your transmissions or data;
(c) statements or conduct of any third party on the partystrands website; or
(d) any other matter relating to the service.
If you are dissatisfied with the service, 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 mystrands arising out of the use of the service. Mystrands shall not be held liable for any representations on third party sites in relation to the information provided in this site.

Notice and Grant of Intellectual Property Rights

The Sites are protected by copyright, trademark, trade dress and other intellectual property rights. Our trademarks or service marks include, without limitation, the following: MusicStrands and partyStrands. Any content copied, downloaded or printed from the Sites must retain all copyright, trademark and other notices of proprietary rights.
(a) MyStrands grants you a personal, revocable, non-transferable, and non-exclusive right and license to use the object code of the Sites on a single computer; provided that you do not (and do not allow any third party to) copy, 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 the Sites.
(b) The MyStrands logos, and other trademarks, service marks, labels, product names and service names (collectively, the "Marks") are owned or licensed by MyStrands. You agree not to copy, display or otherwise use any of the Marks without the prior written permission of MyStrands. 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.
(c) The entire Site, and all object code and source code, text, graphics, multimedia content, including but not limited to images, illustrations, audio and video clips, html and other mark up languages, and all scripts within the Site associated therewith, are copyright 2003-2008, MediaStrands, Inc. All rights reserved.

Entire Agreement

This Agreement, together with any End User License Agreement between you and MyStrands and the Referral Agreement, if any, constitutes the entire agreement between you and us with respect to your use of the Services and Sites. There are no other representations, warranties, terms, agreements or conditions, either written or oral, with respect to your use of the Services and Sites, except as set forth in this Agreement and the End User License Agreement, if any.

Severability

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

Governing Law and Venue

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

This contract is fully performable in Benton County, Oregon. Any litigation arising between the parties hereto will 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.