Terms of Service

Last Updated: September 29, 2008

Welcome to Strutta and thank you for taking the time to read through this most wordy but important document. The Strutta.com Service Agreement ("Agreement") is made by and between Strutta Media Inc. ("Strutta," "Strutta.com" or "Company") and you. By using or accessing this website ("Site"), you agree that you have read and agree to the terms of this Agreement, the Strutta Privacy Policy and Strutta's Community Guidelines. This Agreement also applies to any Strutta software downloaded on your computer. Strutta may update this Agreement at any time, without notification to you. You should review this Agreement from time to time.

Ability to Enter into this Agreement

In order to enter into this Agreement, you must be 18 years of age, or are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. Unless you are at least 13 years old, you may not submit anything to the Site or provide any information about yourself to Strutta.com, even if you have a parent or guardian's consent.

Strutta Accounts

In order to access parts of the Strutta website and/or ensure that your votes are counted, you will have to create a Strutta account. You are only allowed one account per person or up to two accounts per mailing address. When creating your account, ensure that all information you enter is complete and accurate. You are solely responsible for all activity on your account, so please keep your password protected. You are not allowed to use anyone else's account without their permission. If you feel that the security of your account has been breached or accessed without your permission, you are responsible for notifying Strutta immediately.

The Strutta Website

The Strutta website consists of online contests ("Contest" or “Contests”) created by registered users of the site, site sponsors and Strutta.com. Contests are made up of content uploaded by Users of the site and are voted on Strutta community members and/or a select panel of judges. For each contest, You understand and agree that the Service may include advertisements and that these advertisements are necessary for Strutta to provide the Service. You may also receive notifications and updates about the Strutta service and as a user of the site, you can opt out of receiving such messages. Any new features that change or enhance the current Service are subject to the Terms, unless explicitly stated. You understand and agree that the Service is provided "AS-IS" and that Strutta assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

You agree not to modify any part or our website. You may embed Strutta's video player or contest widgets into your blog or other website but you agree not to alter or modify the player or any its related technologies. You agree not to use the website or our embeddable video player for commercial use, without the written prior consent of Strutta. Commercial use that is prohibited includes but is not limited to: the use or sale of access to the website or related technologies and services, the sale of advertising on Strutta or any 3rd party website. You may also use the site if you represent a commercial entity that is utilizing the site’s contest functionality.

Submission of Content

The Site and Software enable you to publish videos, photos, text or audio ("Content") that you submit to Strutta as an entry in a Contest, for display on the Site or a mini site. Your posting of Content is subject to the following conditions:

You agree and acknowledge that you are solely responsible for all Content you post on Strutta and the consequences for posting or publishing it.
You agree that any Content that you submit is deemed non-confidential, and Strutta shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in the Content.
You agree not to post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Company.
You agree that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including without limitation, the personnel of Strutta.
You further agree that you will not misrepresent an affiliation with another person or organization, nor will you post any content that contains slanderous or libelous comments about others, or that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party.
You agree that you will not post any software, files or links to other sites, and that you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or feature of the Site. You further agree that you will not modify in any way any specifications, technology or application codes provided to you by Strutta or as embedded in the Content unless expressly authorized in writing by Strutta.
You agree that you will not intentionally or unintentionally violate any applicable local, state, national or international law;
You understand that by using these services that your Content will be publicly available to others and that Strutta has no obligation to prevent the unauthorized copying, dissemination, alternation or other use of your Content by others.
You continue to retain all ownership rights to any Content you have posted to the Site and you have the right to use your Content in any way you choose, subject to these Terms. Company may remove any Content you submit that in the sole judgment of Strutta violates these Terms.
You represent and warrant that you own the Content or have the necessary licenses, rights, consents, and permissions you entered, published or posted by you on the Site and have the right to grant the license set forth herein and that Company's use of thereof pursuant to the Content License, does not/will not violate the copyrights, privacy rights, publicity rights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity.
You agree to pay all royalties, fees and any other monies owning any person by reason of Content displayed or posted by you to the Site. Except for your Content, you may not copy, modify, publish, broadcast, transmit, distribute, perform, display or sell any Content appearing on the Site.
Company's or third parties' ownership of material on the Site, such as lyrics and music, that may be incorporated in Content you provide to Company, you retain ownership of the copyright and other intellectual property rights in the Content, including but not limited to your performance.
By displaying, publishing, or otherwise posting any Content on or through the Site, you hereby grant to Company a perpetual, irrevocable, royalty free, worldwide license to use, publicly display, sublicense, modify and distribute such Content without the requirement to make payment to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any Content.
You agree that Strutta is not responsible for any violations of any intellectual property rights in any Content that you submit to Strutta.

Company may do any or all of the foregoing for any purpose necessary or relating to the Company's services, products or advertising.

Third Party Content

The Strutta website may contain third party links that are not owned or controlled by Strutta. Strutta assumes no responsibility for the content, privacy policies, or practices of any third party websites. In addition, Strutta cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Strutta from any and all liability arising from your use of any third-party website. We encourage you to review the terms of use for each website you visit.

Contests and Sweepstakes

From time to time, this Site might host or facilitate contests and/or sweepstakes for other clients. In such cases, the rules for each contest or sweepstakes shall be prominently displayed, and you agree to read such rules, comply with them and only participate in any such contests under and pursuant to the terms thereof.

Account Termination Policy

Strutta reserves the right to terminate your account if under appropriate conditions you are determined to be a repeat offender. As mentioned in the Strutta accounts section, you are only allowed one account per user and two accounts per address; Strutta reserves the right to monitor any effort to establish multiple accounts; in the event the Site discovers that you have opened more than one account per person, all additional accounts will be closed without notice and continued violation will result in the termination of any and all of your accounts. The Site also reserves the right to deny access to anyone, including, but not limited to those players who use proxy servers and/or IP addresses residing in certain geographical areas outside of Canada and the U.S. Strutta.com reserves the right to terminate any portion of the Site at any time, for any reason, with or without notice, even though termination may affect your ability to participate in games.

Intellectual Property Rights

If you are a copyright owner or agent of an owner and believe that Content on the site or anything else infringes your intellectual property rights, You may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): Please provide Company with a statement by you, under the penalty of perjury, that the following information below, as provided by you is accurate and you are the authorized copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf:

A physical or electronic signature of a person authorized to act on behalf of the owner, who is allegedly infringed;
Identify a description of the copyrighted work or other intellectual property that you claim has been infringed;
include to the best of your ability, the location on the Site of where the material that you claim is infringing a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner or its agent.
if you are not the owner, please include an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
Include your contact information - address, phone number and email so that Company can contact you.

And mail all of this information to:
Strutta
375 Water Street
Suite 350
Vancouver, BC V6B 5C6

After reviewing your complaint, Strutta, in its sole discretion, may remove the material you believe infringes your copyright or intellectual property and disable and/or terminate the account of the users, who may be repeat infringers.

Site Availability

You understand that the Site may be taken down for maintenance from time to time and that most Site features, including access to Games, will not be available during that time. Strutta makes no representations about the reliability of the features of this Site, the Strutta Content, Submitted Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material and/or systems will be at your own risk.

THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW STRUTTA.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. STRUTTA.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. BIX.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND STRUTTA.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

IN NO EVENT SHALL STRUTTA.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT STRUTTA.COM SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is offered and controlled by Strutta.com from its facilities in Canada. Strutta.com makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law. This Agreement shall be governed in all respects by the laws of the Province of British Columbia as they apply to agreements entered into and to be performed entirely within California, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Strutta.com must be resolved by a court located in Vancouver, British Columbia. You agree to submit to the personal jurisdiction of the courts located within British Columbia for the purpose of litigating all such claims or disputes.

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