Tougo CoCollage :: Terms of Service

CoCollage™ Terms of Use, and Privacy Statement

This Terms of Use Agreement (“Terms”) governs your use of the sites cocollage.com, tougo.cocollage.com, and their subdomains (the “Sites” and each a “Site”) and the Sites' online services (the “Services” and each a “Service”). The Terms are an agreement between you and Strands Labs, Inc., an Oregon corporation (“us” or “Strands”). 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.

Beta Phase

You acknowledge that the Sites and the Service are experimental, have not been fully tested and are in need of testing, experimental use, review, comment, and modification before they can be released to the public for use (“Beta Phase”). You wish to have early, pre-release access to the Licensed Product solely for evaluation and testing purposes.

Because the Sites and Services are in the Beta Phase, Strands may, in its sole discretion, change or amend these Terms at any time. Notice of such changes will be posted on the Sites. Your continued use of the Sites and Service following notice of such changes will mean you accept any such modification. If you do not agree to any such changes, you must (as your sole remedy) immediately stop using the Sites and the Services. Any attempt by you to modify these Terms is void.

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

Third Party Content

You are responsible for ensuring that you have all necessary rights and permissions to use third party content. Strands does not grant you any license rights to third party content. 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

You may use the Service to publish comments, photos, artwork or other works of authorship (“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 or their equivalents worldwide in the Content have been waived.

Although Strands does not exercise editorial control over the Content, 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:

unlawful under the laws of any jurisdiction to which you or Strands are subject;
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);
insider information, or any other proprietary or confidential information;
an infringement of any patent, trademark, trade secret, copyright or other intellectual property right;
falsified, including without limitation the use of forged headers or otherwise manipulated identifiers in order to disguise its origin; or
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.

Users may submit profile photos or tags, to appear with postings on our Sites. However, tags or photos depicting celebrities, people in the news, politicians, celebrity convicted criminals or world leaders 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, harass or violate the privacy of another person.

Comments, feedback, suggestions, or ideas submitted to Strands by you (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 Strands.

Use of Services

Your use of the Services is at the sole discretion of Strands, 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 these Terms, 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 applicable 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 uses of the Services include 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 communications about any goods or services. You are 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:

Strands, Inc.
Attn: General Counsel
760 SW Madison Ave., Suite 106
Corvallis, Oregon 97333

legal@Strands.com

You must provide our agent with the following information in writing:

a description of the copyrighted work you believe has been infringed;
information sufficient to identify the location of the allegedly infringing material on Strands;
your address, telephone number, and email address;
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;
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
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.

Strands Not Liable for Misuse by Third Parties of Posted Content

Strands 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 Strands, 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 Sites contain links to third-party websites. Such third party websites are not under the control of Strands, and Strands is not responsible for the accuracy or content of such websites. Strands makes no representation concerning the terms of use, privacy policies or content of these sites to you. In creating links to any other website, Strands is not recommending that website, and Strands 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 harmless Strands and its officers, directors, employees, contractors and affiliates from and against any and all claims, damages, costs, and expenses (collectively “Claims”), including without limitation claims based upon the negligence of Strands, arising from or related in any way to (1) your use of any Strands Service, the materials it contains, and any sites linked to it; or (2) your breach of any representation, warranty, or material provision of these Terms.

Disclaimer of Warranties

You agree that:

Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis. Strands expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to 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 any Service will fulfill any of your particular purposes or needs.
Strands makes no warranty that:
1. your use of the Service will be uninterrupted, timely, secure, or error-free,
  1. the results that may be obtained from the use of the Service will be accurate or reliable, or
  2. The quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations.
  3. Any material downloaded or otherwise obtained through the use of the Services or Sites is done at your own discretion and risk and you will be solely responsible for any losses or claims, including without limitation for damage to your computer system or resulting loss of data.
  4. No information, whether oral or written, obtained by you from Strands or through a Strands Service will create any warranty not expressly stated in these Terms.

Limitations and Exclusions of Liability

Strands will 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 Strands has been advised of the possibility of such damages), whether based on contract, tort or any other legal theory, resulting from:

The use or the inability to use the Service;
unauthorized access to or alteration of your transmissions or data;
statements or conduct of any third party on a Strands site; or
any other matter relating to the Services.

If you are dissatisfied with the Service, or any of the information contained thereon, or refuse to abide by these Terms, 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 Strands arising out of the use of the Service.

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: MyStrands, MusicStrands, partyStrands, OpenStrands, What You Play Counts!, Social Player, moneyStrands and Strands. Any content copied, downloaded or printed from the Sites must retain all copyright, trademark and other notices of proprietary rights.

Strands 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.

The Strands logos, and other trademarks, service marks, labels, product names and service names (collectively, the “Marks”) are owned or licensed by Strands. You agree not to copy, display or otherwise use any of the Marks without the prior written permission of Strands. 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 Strands, Inc.

The entire Site, 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, except for user-posted Content and third-party content used by permission, are copyright 2003-2008, Strands, Inc. All rights reserved.

Entire Agreement

These Terms constitute the entire agreement between you and us with respect to their subject matter. Strands and its affiliates may offer other sites and services with different terms. In the event of any conflict between these Terms and another written agreement between you and Strands, the more specific provision will be controlling.

Severability

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

Governing Law and Venue

These Terms 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 between the parties may 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.