Terms & Conditions
8STRINGTV
TERMS AND CONDITIONS OF SERVICE
Thank you for using 8StringTv!
The following terms and conditions (“Terms”) apply to your use of the websites of 8StringTv Corporation (“8StringTv”, “8StringTv” “we” “us” or “our”), including any content, functionality, products, and services offered on or through https://www.8StringTv.com, the 8StringTv app or such other platform (collectively, the “website”), whether as a guest or a subscribed user. In these terms, the website, app and additional services are collectively referred to as the “services.”
Before you may use the Services of 8StringTv you must read, agree with, and accept all of the terms and conditions of this agreement and the 8StringTv Privacy Policy. Material contained on other pages and websites is expressly referred to and is expressly incorporated by reference into this Agreement. If you do not agree to be bound by all of these terms and conditions, including those expressly incorporated by reference, then you may not use 8StringTv or the Services of 8StringTv.
To enter into the contract created by these terms, you must be an adult of the legal age of majority in your country of residence. You are legally and financially responsible for all actions using or accessing our services, including the actions of anyone you allow to access the service. You affirm that you have reached the legal age of majority, understand and accept these terms (including its dispute resolution terms). If you are under the legal age of majority, your parent or legal guardian must consent to these terms.
Privacy Policy
Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.
Changes to Terms or Services
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
8StringTv shall reserve the sole right to change the structure of package/plans and prices, at any point in time. The information regarding prices and services available on our website may be changed at any point in time, without prior notification to you. Changes in prices for product and services will be at the sole decision of 8StringTv. However, change in prices would be effective for new projects only. Order for projects placed at rates before a change in price will be completed at the agreed rates.
Arbitration Notice
Unless you opt-out of arbitration within 30 days of the date you first agree to these terms by following the opt-out procedure specified in the “Arbitration” section below, and except for certain types of disputes described in the “Arbitration“ section below, you agree that disputes between you and 8StringTv will be resolved by binding, individual arbitration and you are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
Copyright Protection
8StringTv gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Services from 8StringTv. Authorized license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by 8StringTv, in the manner permitted by the Terms & Conditions.
All versions of the 8StringTv software/apps are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
Intellectual Property Rights
The services, including all content, features, and functionality thereof, are owned by 8StringTv, its licensors, or other providers of such material and are protected by the United States and international copyright, trademark, patent, and other intellectual property or proprietary rights laws.
You are permitted to use the Services for your personal, non-commercial use only or legitimate business purposes related to your role as a current or prospective user of the software. Except as provided below, you must not copy, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any of the material obtained through the Services, or delete, or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services. However, if you are otherwise in compliance with these Terms, you are permitted to use, elsewhere and on other websites, an unaltered copy of portions of the content that is publicly available on the Website for the limited, non-commercial purpose of discussing such content.
You must not reproduce, sell, or exploit for any commercial purposes any part of the Services, access to the Services or use of the Services or any services or materials available through the Services.
Links to Websites or Other Resources
8StringTv may provide links to websites of resources of third-parties other than 8StringTv’. Those links to other websites are provided solely as a courtesy and convenience purpose without any representation or warranty as to their content, use, or terms. Your use of such other websites is subject to the terms and conditions and privacy policies if any, of the party who control such other websites and you use them at your own risk. 8StringTv cannot control such websites of other persons.
Eligibility
8StringTv Services are available only to persons who are capable under the applicable law of forming valid contracts. If you are a natural person using 8StringTv on behalf of an entity, then by registering in the name of the entity and using the Services you represent and warrant that the entity may lawfully enter into this agreement and that you have lawful authority to bind that entity to the terms and conditions of these terms. If you are a child (under the age of 18 years) or lack legal competency, then the Services of 8StringTv are not available to you; do not use the Services. If you are under the age of 18 or are subject to legal guardianship, then you can use 8StringTv and the Services only if your legal guardian or representative first agrees with us that you may use 8StringTv and the Services and then supervises your use of 8StringTv and the Services.
User Generated Contents and Contributions
The service may contain message boards, profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to the Model, other users, or other persons (“post”) content or materials (collectively, “User Content”) on or through the Website.
You may upload certain User Content from time to time for a certain aspect of the services. You guarantee that you own all rights in the User Content and you acknowledge and agree that you have sole responsibility for the legality, reliability, accuracy and quality of the User Content.
You grant to 8StringTv a non-exclusive, royalty-free, worldwide license to use the User Content to the extent reasonably necessary for the provision of the Services from time to time. This right cannot be withdrawn by you (but you can delete the content from any public-facing elements of the Website) and the license may be used by us on an ongoing basis. For the avoidance of doubt, by posting User Content publicly to a Service, you grant us the right and license to use, modify, display, reproduce and distribute such User Content for any purpose.
Prohibitions
You agree not to do any of the following:
i. Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity, or (vii) promotes illegal or harmful activities or substances;
ii. Use, display, mirror or frame the Services, or any individual element within the Services, 8StringTv’ name, any 8StringTv trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without 8StringTv’ express written consent;
iii. Access, tamper with, or use non-public areas of the Services, 8StringTv’ computer systems, or the technical delivery systems of 8StringTv’ providers;
iv. Attempt to probe, scan, or test the vulnerability of any 8StringTv system or network or breach any security or authentication measures;
v. void, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by 8StringTv or any of 8StringTv’ providers or any other third party (including another user) to protect the Services;
vi. Attempt to access or search the Services or download Collective Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by 8StringTv or other generally available third party web browsers;
vii. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other forms of solicitation;
viii. Use any meta tags or other hidden text or metadata utilizing a 8StringTv trademark, logo URL or product name without 8StringTv’ express written consent;
ix. Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
x. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
xi. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
xii. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
xiii. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
xiv. Impersonate or misrepresent your affiliation with any person or entity;
xv. Violate any applicable law or regulation; or
xvi. Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Mobile Usage
8StringTv offers a tool(s) or display functionality that may be made available to you via your mobile phone or other mobile computing devices. Please note that your mobile carrier’s normal messaging, data, and other rates and fees may apply to your use of the service. Therefore, you are solely responsible for checking with your mobile carrier to determine if the 8StringTv services are available for your devices; what restrictions, if any, may be applicable to your use of the service; and how much such use will cost you.
Terms And Termination
This T&C will take effect (or re-take effect) at the (and each) time you begin installing, accessing, or using the 8StringTv, whichever is earliest, and is effective until terminated as set forth below. 8StringTv reserves the right to terminate this T&C at any time on reasonable grounds, which shall specifically include, without limitation, discontinuation of the 8StringTv (or related services) as an offering of the 8StringTv business, nonpayment, termination of account, fraudulent or unlawful activity, or actions or omissions that violate this T&C.
In addition, 8StringTv shall have the right to take appropriate administrative and/or legal action in the event of a breach or (alleged) criminal activity, including alerting legal authorities, as it deems necessary in its sole discretion.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your usage of the service at any time by discontinuing your use of the service. Upon any termination, discontinuation or cancellation of Services, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
Warranty Disclaimers
The Services, Products and Content are provided “as is,” without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement and any warranties arising out of course of dealing or usage of trade.
We make no warranty that the Services or Products will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
Indemnification
You will indemnify and hold harmless 8StringTv and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content or (ii) your violation of these Terms.
Limitation of Liability
Neither 8StringTv nor any other party involved in creating, producing, or delivering the Services, Products or Content will be liable for any incidental, special, exemplary or consequential damages, including, but not limited to, lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute Services or Products arising out of or in connection with these terms or from the use of or inability to use the Services, Products or Content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not 8StringTv has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. In no event will 8StringTv’ total liability arising out of or in connection with these terms or from the use of or inability to use the Services, Products or Content exceed the amounts you have paid to 8StringTv for use of the Services, Products or Content or fifty dollars ($50), if you have not had any payment obligations to 8StringTv, as applicable. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between 8StringTv and you.
Governing Law and Dispute Resolution
Governing Law
These Terms and any action related thereto will be governed by the laws of the State of Connecticut without regard to its conflict of laws provisions. You access and use the 8StringTv services on your own volition and are responsible for compliance with all applicable laws concerning your access and use of the 8StringTv services.
Agreement to Arbitrate
Any dispute or claim relating in any way to your use of any 8StringTv Service, or to any products or services made available to you or distributed by 8StringTv or through 8StringTv.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter/post/mail requesting arbitration and describing your claim to us at 3053 Main Street, Hartford, CT 06120 (United States of America). The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $1,000 unless the arbitrator determines the claims are frivolous. Likewise, 8StringTv will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions or at another mutually agreed location.
Class Action Waiver
To the maximum extent permitted by applicable law, you and 8StringTv agree to only bring Disputes in an individual capacity and shall not:
i. seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity (e.g., private attorney general actions); or
ii. consolidate or combine individual proceedings or permit an arbitrator to do so without the express consent of all parties to this Agreement and all other actions or arbitrations.
General Terms
Entire Agreement: These Terms constitute the entire and exclusive understanding and agreement between 8StringTv and you regarding the Services, Products and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between 8StringTv and you regarding the Services, Products and Content. No joint venture, partnership, employment, or agency relationship exists between you and 8StringTv as a result of this T&C or your utilization of the 8StringTv, and you do not have any authority of any kind to bind 8StringTv in any respect whatsoever. This T&C is not assignable, transferable, or sub-licensable by you except with 8StringTv’s prior written consent. 8StringTv may transfer, assign, or delegate this T&C and its rights and obligations without consent.
Severability: If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Arbitration” section above or by a court of competent jurisdiction, but only if you timely opt-out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without 8StringTv’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. 8StringTv may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices: Any notices or other communications provided by 8StringTv under these Terms, including those regarding modifications to these Terms, will be given: (i) by 8StringTv via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
No Waiver: 8StringTv’ failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of 8StringTv. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
CONTACT INFORMATION
If you have any questions about these Terms or the Services or Products, please contact us through LegalPolicy@8StringTv.com .
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