Welcome to STRIKE.TV!
1. DESCRIPTION OF SERVICE AND ACCEPTANCE
StrikeTV, Inc. ("StrikeTV," "we" or "us") provides an online video service offering a selection of television shows, movies, clips and other content (collectively, "Content") available on the Strike.TV website (the "StrikeTV Site"), StrikeTV's affiliate and distribution partner websites ("Distribution Sites"), and other websites where users may embed the Content (these websites, together with the StrikeTV Site and Distribution Sites, are referred to collectively as the "Sites"). Our video service, including the Content and our video player, and any other features, tools, applications, materials or other services offered from time to time by StrikeTV in connection with its business on any of the Sites are referred to collectively as the "StrikeTV Services." We are a company based in the United States.
3. ACCESS AND USE OF THE STRIKETV SERVICES
You must be at least 13 years of age to visit the StrikeTV Site or use the StrikeTV Services on any Site.
Your License. StrikeTV is pleased to grant you a limited license to access and make personal, non-commercial use of the StrikeTV Services. StrikeTV owns and retains all rights to the StrikeTV Services. Please remember that the Content provided to users as part of the StrikeTV Services is owned by StrikeTV and its licensors. The StrikeTV Services are protected by intellectual property laws, including trademark, trade secret, copyright, and other laws.
The Content. You may view the Content only for your own use and you must leave any copyright and other proprietary notices marked on the Content. The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying, translation, broadcast, distribution, performance, display, sale, or transmission of the Content is strictly prohibited unless you have obtained the prior written consent of StrikeTV or unless it is expressly permitted by StrikeTV on a Site. The Content covered by this restriction includes any text, graphics, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works, or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless you have obtained the prior written consent of StrikeTV or unless it is expressly permitted by StrikeTV on a Site. This prohibition applies even if you intend to give away the derivative materials.
The Video Player. With respect to StrikeTV's video player, you must not modify, enhance, or otherwise alter in any way any portion of the video player or its underlying technology. This restriction includes disabling or otherwise modifying the video service in a manner that enables users to view the Content without using the StrikeTV video player. Also, you may not embed StrikeTV's video player on any website or other location that contains content that is unlawful, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule or regulation, infringes any right of any third party including intellectual property rights, or is otherwise inappropriate (collectively, "Unsuitable Material").
Your Responsibilities. In order for us to keep the StrikeTV Services safe and available for everyone to use, we all have to follow the same rules of the road. In general, we need for everyone to use the StrikeTV Services for lawful and appropriate purposes only. Your commitment to this concept is critical. More specifically, you agree not to use the StrikeTV Services in a way that:
• violates the rights of others including patent, trademark, trade secret, copyright, publicity or other proprietary rights;
• uses technology or other means to access the StrikeTV Services that is not authorized by StrikeTV (including disabling or circumventing any mechanisms for preventing the unauthorized reproduction or distribution of the StrikeTV Services);
• accesses the StrikeTV Services through any automated system, including "robots," "spiders," or "offline readers" (other than public search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices — but not caches or archives — of the StrikeTV Services);
• attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• attempts to damage, disable, overburden, impair, or gain unauthorized access to the StrikeTV servers, computer network, or user accounts;
• encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
• violates these Terms, guidelines or any policy posted on the StrikeTV Site; or
• interferes with any other party's use and enjoyment of the StrikeTV Services.
No Spam/Unsolicited Communications. We know how annoying and upsetting it can be to receive unwanted email or instant messages from people you do not know. Therefore, no one may use the StrikeTV Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent unsolicited bulk or other communications from entering, utilizing or remaining within our computer or communications networks. If you Post (as defined below) or otherwise send spam, advertising, or other unsolicited communications of any kind through the StrikeTV Services, you acknowledge that you will have caused substantial harm to StrikeTV and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay StrikeTV $50 for each such unsolicited communication you send through the StrikeTV Services.
Downloads. In order to participate in certain StrikeTV Services, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.
Suspension/Discontinuation. We hope not to, but in order to ensure that we provide you with a first class user experience, we may find it necessary to change, suspend or discontinue — temporarily or permanently — some or all of the StrikeTV Services, at any time without notice. It is important that you understand that StrikeTV will not be liable to you for any modification, suspension or discontinuance of the StrikeTV Services.
Access to the StrikeTV Site and use of the StrikeTV Services is free. If we feel it is appropriate to charge for certain premium StrikeTV Services, we will of course notify you. You will then have an opportunity not to use such premium StrikeTV Services if you are not interested in paying for them. You are responsible for any costs you incur to access the internet.
5. ACCOUNTS AND REGISTRATION
We may from time to time offer various features that require registration or the creation of an account on the StrikeTV Site. If at any time you choose to register or create an account with us, these additional terms and conditions also will apply.
All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any representative of any Site. You are responsible for all use on your account, including unauthorized use by any third party. Therefore, it is critical that you do not share your password with anyone. Please notify us at firstname.lastname@example.org (subject line: "Account Security Breach") as soon as you know of, or suspect any unauthorized use of, your account. Please also make sure to notify us if your registration information changes, in case we need to contact you.
You may terminate your account by emailing email@example.com (subject line: "Account Termination Request"). Please identify your account and provide a valid reply email address in the event we require additional information to terminate your account.
6. COLLECTION AND USE OF PERSONAL INFORMATION
7. USER REVIEWS, COMMENTS, AND OTHER MATERIAL
Your Posts. As part of the StrikeTV Services, users may have an opportunity to publish, transmit, submit or otherwise post (collectively, "Post") reviews, comments or other materials (collectively, "User Material"). In order to keep the StrikeTV Services enjoyable for all of our users, we ask you to adhere to the following rules.
Please choose carefully the User Material you Post. Please limit yourself to User Material directly relevant to the StrikeTV Services. Moreover, you must not Post User Material that: (a) contains Unsuitable Material; or (b) improperly claims the identity of another person. You should also be careful if you decide to Post personally identifiable information, such as your full name, email address, telephone number or street address.
You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant StrikeTV the license provided below; you also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. StrikeTV will remove all User Material if properly notified that such User Material infringes on another person's rights. You understand that StrikeTV does not guarantee any confidentiality with respect to any User Material.
Third Party Posts. Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate or inappropriate. StrikeTV does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of StrikeTV. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate. In no event does StrikeTV assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against StrikeTV with respect to such User Material. You can help us tremendously by notifying us of any inappropriate User Material you find. If a "report" feature through the StrikeTV Services is not available for a specific instance of inappropriate User Material, please email firstname.lastname@example.org (subject line: "Inappropriate User Material").
8. LINKED WEBSITES AND ADVERTISING
StrikeTV is not responsible for the content or practices of any other website, even if it links to the StrikeTV Site or any of the other Sites and even if the website is operated by a company affiliated or otherwise connected with StrikeTV. By using the StrikeTV Services, you acknowledge and agree that StrikeTV is not responsible or liable to you for any content or other materials hosted and served from any third party website.
Advertisements. StrikeTV takes no responsibility for advertisements or any third party material Posted on any of the Sites, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the StrikeTV Services are between you and the advertiser, and you agree that StrikeTV is not liable for any loss or claim that you may have against an advertiser.
StrikeTV, the StrikeTV logo, www.strike.tv, www.striketv.org and other StrikeTV marks, graphics, logos, scripts, and sounds are trademarks of StrikeTV. None of the StrikeTV trademarks may be copied, downloaded or otherwise exploited without StrikeTV's prior written consent.
10. UNSOLICITED SUBMISSIONS
StrikeTV does not knowingly accept unsolicited submissions including, scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas or concepts. StrikeTV's policy is to delete any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any StrikeTV creative work, including a film, series, story, title, or concept, would be purely coincidental.
11. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
WHILE WE DO OUR BEST TO ENSURE THE OPTIMAL PERFORMANCE OF THE STRIKETV SERVICES, YOU AGREE THAT USE OF THE STRIKETV SERVICES IS AT YOUR OWN RISK. THE STRIKETV SERVICES, INCLUDING THE STRIKETV SITE AND THE OTHER SITES, THE CONTENT, USER MATERIAL AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE SITES, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, STRIKETV DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; OR THAT THE STRIKETV SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE OR RELIABLE.
IN NO EVENT SHALL STRIKETV OR ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS (COLLECTIVELY, THE "STRIKETV PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE STRIKETV SERVICES (INCLUDING ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN, OBTAINED ON OR PROVIDED THROUGH THE SITES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY, EVEN IF THE STRIKETV PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE STRIKETV PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS AND YOUR USE OF THE STRIKETV SERVICES.
12. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any Content, User Material or other material provided through the StrikeTV Services, including through a link, infringes your copyright, you should notify StrikeTV of your infringement claim in accordance with the procedure set forth below.
We will process each notice of alleged infringement which StrikeTV receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to StrikeTV's Copyright Agent at email@example.com (subject line: "DMCA Takedown Request").
To be effective, the notification must contain the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the StrikeTV Services that is reasonably sufficient to enable StrikeTV to identify and locate the material; (d) how StrikeTV can contact you, such as your address, telephone number, and email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
StrikeTV has a policy of terminating repeat infringers in appropriate circumstances.
13. GENERAL INFORMATION
International Use. StrikeTV's goal is to bring you as much Content as is legally available. That said, we are limited by the rights that our content licensors grant to us. Using technologies to access the Content from territories where StrikeTV does not have rights is prohibited.
Export Controls. Software and the transmission of applicable technical data, if any, in connection with the StrikeTV Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.