Terms of Service

Stratacam Service Terms of Use

The following Terms of Use (the "Terms") is a binding agreement between you, either an individual subscriber, customer, member, or user of at least 18 years of age or a single entity ("you", or collectively "Users") and WHDC LLC ("Stratacam") regarding your use of the Stratacam web site (located at www.Stratacam.com) and other web sites, services and networks owned or controlled by Stratacam that allow for the distribution and reception of video, audio, and other content (the "Stratacam Service").

By accessing the Stratacam Service and/or by clicking "I agree", you agree to be bound by these Terms of Use. You hereby represent and warrant to Stratacam that you are at least eighteen (18) years of age or and otherwise capable of entering into and performing legal agreements, and that you agree to be bound by the following Terms and Conditions. If you use the Stratacam Service on behalf of a business, you hereby represent to Stratacam that you have the authority to bind that business and your acceptance of these Terms of Use will be treated as acceptance by that business. In that event, "you" and "your" will refer to that business in these Terms of Use.

When using the Stratacam Service, You will be subject to any additional posted policies, guidelines or rules applicable to specific services and features which may be posted from time to time (the "Policies"). All such Policies are hereby incorporated by reference into these Terms. In the case of any inconsistency between these Terms of Service and any other document that has been incorporated by reference herein, these Terms of Service shall control.

Stratacam reserves the right, at Stratacam' discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms to the Stratacam Service. Please check these Terms and any Policies periodically for changes. Your continued use of the Stratacam Service after the posting of changes constitutes your binding acceptance of such changes. Except as stated elsewhere, such amended Terms or fees will automatically be effective thirty (30) days after they are initially posted on the Stratacam Service.

1. Ownership of Materials; Limited License

1.1 The data and materials on the Stratacam Service, except the Produced Content (as defined below), including, without limitation, the text, graphics, interactive features, logos, photos, music, videos, software, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Stratacam Service (collectively, the "Materials") are the intellectual property of Stratacam, its licensors and its suppliers. The Materials are protected by copyright, trade dress, patent, trademark and other laws, international conventions and proprietary rights and all ownership rights to the Materials remain with Stratacam, its licensors or its suppliers, as the case may be. All trademarks, service marks, and trade names are proprietary to Stratacam or its affiliates and/or third party licensors. Except as expressly authorized by Stratacam, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make use of the Materials. If, with authorization, you download or print a copy of the Materials for personal use, you must retain all copyright, trademark, or other proprietary notices. Stratacam reserves all rights not expressly granted in and to the Stratacam Service and the Materials.

1.2 Subject to your compliance with the terms and conditions set out in these Terms, Stratacam hereby grants you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the Stratacam Service.

2. Incorporation by Reference

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3. Produced Content

3.1 YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST STRATACAM WITH RESPECT THERETO AND AGREE TO INDEMNIFY AND HOLD STRATACAM, ITS OWNERS/OPERATORS, AFFILIATES, SUPPLIERS, AND/OR LICENSORS HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR CONTENT AND END USER CONTENT AND USE OF THE STRATACAM SERVICE.

3.3 Stratacam permits you to link to the Stratacam Service for personal, or commercial purposes.

4. Prohibited Uses

YOU HEREBY REPRESENT AND WARRANT THAT YOU WILL NOT (AND THE FOLLOWING SHALL SOMETIMES BE REFERRED TO AS "PROHIBITED USES"):

(I) UPLOAD TO OR CREATE ON THE SITE ANY PRODUCED CONTENT THAT VIOLATES ANY LAW, REGULATION, TREATY OR THIRD PARTY RIGHT (INCLUDING, WITHOUT LIMITATION, TRADE SECRET, INTELLECTUAL PROPERTY, PRIVACY, OR PUBLICITY RIGHTS);
(II) PUBLISH FALSEHOODS OR MISREPRESENTATIONS THAT COULD DAMAGE STRATACAM OR ANY THIRD PARTY;
(III) POST, UPLOAD TO, OR CREATE ANY PRODUCED CONTENT THAT IS UNLAWFUL, OBSCENE, DEFAMATORY, LIBELOUS, THREATENING, PORNOGRAPHIC, VULGAR, HARASSING, HATEFUL, RACIALLY OR ETHNICALLY OFFENSIVE, OR ENCOURAGES CONDUCT THAT WOULD BE CONSIDERED A CRIMINAL OFFENSE, GIVE RISE TO CIVIL LIABILITY, VIOLATE ANY LAW, OR, IN STRATACAM' SOLE DISCRETION, IS OTHERWISE INAPPROPRIATE;
(IV) UNLESS YOU HAVE SUCESSFULLY REGISTERED AND TIMELY PAID ALL FEES FOR A STRATACAM ACCOUNT, POST ADVERTISEMENTS OR SOLICITATIONS OF BUSINESS;
(V) IMPERSONATE ANOTHER PERSON OR ENTITY, WHETHER ACTUAL OR FICTITIOUS, FALSELY CLAIM AN AFFILIATION WITH ANY PERSON OR ENTITY, OR ACCESS THE STRATACAM SERVICE ACCOUNTS OF OTHERS WITHOUT PERMISSION, MISREPRESENT THE SOURCE, IDENTIT, OR CONTENT OF INFORMATION TRANSMITTED VIA THE STRATACAM SERVICE, OR PERFORM ANY OTHER SIMILAR FRAUDULENT ACTIVITY;
(VI) USE THE STRATACAM SERVICE FOR ANY PURPOSE OTHER THAN TO ACCESS THE STRATACAM SERVICE AS SUCH SERVICES ARE OFFERED BY STRATACAM;

(VII) CIRCUMVENT, DISABLE OR OTHERWISE INTERFERE WITH SECURITY-RELATED FEATURES OF THE STRATACAM SERVICE OR FEATURES THAT PREVENT, LIMIT OR RESTRICT USE OR COPYING OF ANY MATERIALS OR ANOTHER USER'S PRODUCED CONTENT;
(VIII) RENT, LEASE, LOAN, SELL, RESELL, SUBLICENSE, DISTRBUTE OR OTHEWISE TRANSFER THE LICENSES GRANTED HEREIN OR ANY MATERIALS. FOR CLARITY, YOU MAY NOT ASSIGN, SELL, OR TRANSFER ANY OF YOUR CHANNELS.
(IX) DELETE INDICATIONS OR NOTICES REGARDING THE COPYRIGHT OR OTHER PROPRIETARY RIGHTS ON THE STRATACAM SERVICE OR ANY THIRD PARTY CONTENT;

(X) MAKE UNSOLICITED OFFERS, ADVERTISEMENTS, PROPOSALS, OR SEND JUNK MAIL OR SPAM TO OTHER USERS OF THE STRATACAM SERVICE. THIS INCLUDES, BUT IS NOT LIMITED TO, UNSOLICITED ADVERTISING, PROMOTIONAL MATERIALS, OR OTHER SOLICITATION MATERIAL, BULK MAILING OF COMMERCIAL ADVERTISING, CHAIN MAIL, INFORMATIONAL ANNOUNCEMENTS, CHARITY REQUESTS, AND PETITIONS FOR SIGNATURES;
(XI) USE THE STRATACAM SERVICE FOR ANY ILLEGAL PURPOSE, OR IN VIOLATION OF ANY LOCAL, STATE, NATIONAL, OR INTERNATIONAL LAW, INCLUDING, WITHOUT LIMITATION, LAWS GOVERNING INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS, AND DATA PROTECTION AND PRIVACY;

(XII) DEFAME, HARASS, ABUSE, THREATEN OR DEFRAUD USERS OF THE STRATACAM SERVICE, OR COLLECT, OR ATTEMPT TO COLLECT, PERSONAL INFORMATION ABOUT USERS OR THIRD PARTIES WITHOUT THEIR CONSENT, OR, EXCEPT AS EXPRESSLY AUTHORIZED HEREIN, USE MATERIALS, THIRD PARTY PRODUCED CONTENT, OR OTHER CONTENT ON THE STRATACAM SERVICE FOR ANY COMMERCIAL USE, IT BEING UNDERSTOOD THAT, OTHER THAN AS EXPRESSLY STATED HEREIN, THE MATERIALS, THIRD PARTY PRODUCED CONTENT AND OTHER CONTENT AVAILABLE ON THE STRATACAM SERVICE IS FOR PERSONAL, NON-COMMERCIAL USE ONLY;
(XIII) REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE ATTEMPT TO DISCOVER THE SOURCE CODE OF THE STRATACAM SERVICE OR ANY PART THEREOF, EXCEPT AND ONLY TO THE EXTENT THAT SUCH ACTIVITY IS EXPRESSLY PERMITTED BY APPLICABLE LAW NOTWITHSTANDING THIS LIMITATION;

(XIV) MODIFY, ADAPT, TRANSLATE OR CREATE DERIVATIVE WORKS BASED UPON THE STRATACAM SERVICE OR ANY PART THEREOF, EXCEPT AND ONLY TO THE EXTENT THAT SUCH ACTIVITY IS EXPRESSLY PERMITTED BY APPLICABLE LAW NOTWITHSTANDING THIS LIMITATION;

(XV) INTENTIONALLY INTERFERE WITH OR DAMAGE OPERATION OF THE STRATACAM SERVICE OR ANY USER'S ENJOYMENT OF THEM, BY ANY MEANS, INCLUDING UPLOADING OR OTHERWISE DISSEMINATING VIRUSES, ADWARE, SPYWARE, WORMS, OR OTHER MALICIOUS CODE;
(XVI) TAKE ANY ACTION THAT IMPOSES OR MAY IMPOSE (IN STRATACAM'S SOLE DISCRETION) AN UNREASONABLE OR DISPROPORTIONATELY LARGE LOAD ON STRATACAM' INFRASTRUCTURE;
(XVIII) INTERFERE OR ATTEMPT TO INTERFERE WITH THE PROPER WORKINGS OF THE STRATACAM SERVICE OR ANY ACTIVITIES CONDUCTED ON THE STRATACAM SERVICE;
(XIX) BYPASS ROBOT EXCLUSION HEADERS OR OTHER MEASURES STRATACAM MAY USE TO PREVENT UNAUTHORIZED ACCESS TO THE STRATACAM SERVICE;
(XX) UNLESS YOU HAVE SUCESSFULLY REGISTERED AND TIMELY PAID ALL FEES FOR A STRATACAM ACCOUNT, UPLOAD OR POST ANY PRODUCED CONTENTS THAT CONTAIN ADVERTISING OR OTHER PROMOTIONAL MATERIAL, INCLUDING LINKS TO SUCH MATERIAL UNLESS EXPRESSLY AUTHORIZED BY STRATACAM; OR

5. Termination; Terms of Use Violations

5.1 Stratacam.
You agree that Stratacam, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate any account (or any part thereof) you may have with Stratacam or your use of the Stratacam Service and remove and discard all or any part of your account, User profile, and any Produced Content, at any time. Stratacam may also in its sole discretion and at any time discontinue providing access to the Stratacam Service, or any part thereof (including without limitation all Materials), with or without notice. You agree that any termination or suspension of your access to the Stratacam Service or any account you may have or portion thereof may be effected without prior notice, and you agree that Stratacam will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Stratacam may have at law or in equity. As discussed herein, Stratacam does not permit copyright infringing activities on the Stratacam Service, and shall be permitted to terminate access to the Stratacam Service, and remove any Produced Content or other content submitted by any Users who are found to be repeat infringers. Should Stratacam terminate this Agreement for convenience prior to the completion of any particular subscription period, your sole remedy is a pro-rata refund of the purchase price paid for the unavailable service.

5.2 You.
Your only remedy with respect to any dissatisfaction with (i) the Stratacam Service, (ii) any term of this Terms of Use, (iii) any policy or practice of Stratacam in operating the Stratacam Service, or (iv) any content or information transmitted through the Stratacam Service, is to terminate this Terms of Use and Your account. You may terminate this Terms of Use at any time by discontinuing use of any and all parts of the Stratacam Service and providing Stratacam written notice at the postal or email address in Section 23, below. For clarity, no fees payable by you hereunder are refundable upon termination of this Terms of Use by you.

5.3 Survival.
Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 1, 2, 3, 4, 5, 6, and 9-23.

6. Copyright infringement notification

6.1 If you are a copyright owner or an agent thereof (the "Copyright Owner") and believe that any content on the Stratacam Service infringes your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the Digital Millennium Copyright Act ("DMCA"). This notification of claimed infringement must be a written communication provided to the designated agent of Stratacam that includes the following information:

(i) A physical or electronic signature of a person authorized to act on behalf of the Copyright Owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Stratacam to locate the material.
(iv) Information reasonably sufficient to permit Stratacam to contact the Copyright Owner, such as an address, telephone number, and, if available, an electronic mail address at which the Copyright Owner may be contacted.
(v) A statement that the Copyright Owner has a good faith belief that use of the material in the manner complained of is not authorized by the Copyright Owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the Copyright Owner of an exclusive right that is allegedly infringed.

6.2 Stratacam' registered designated copyright agent to receive notifications of claimed infringement will be provided upon request.

6.3 Only DMCA notices should go to the designated copyright agent; any other comments, requests, or other communications should be directed to Stratacam customer service (support@stratacam.com). Any notification of claimed infringement that does not comply with the DMCA's requirements, is invalid.

6.4 If you receive notice from Stratacam that your content has been taken down pursuant to a notification of alleged infringement and believe that this takedown is improper or incorrect, you may provide Stratacam with a counter notification. To be valid, a counter notification must be a written communication provided to Stratacam' designated agent as mentioned in section 6.2 that includes substantially the following:

(i) Your physical or electronic signature.
(ii) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
(iii) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(iv) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, the jurisdiction of the Federal District Court for the Southern District of California, and that you will accept service of process from the Copyright Owner who provided notification as mentioned in section 6.1 or an agent of such person.

6.5 Stratacam reserves the right to terminate without notice any User's access to the Stratacam Service if that User is determined by Stratacam to be a "repeat infringer." In addition, Stratacam accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.

7. Registration, Accounts and Passwords

7.1 If you become a registered member and create an account on the Stratacam Service, you agree to be responsible and/or liable for: maintaining the confidentiality of passwords or other account identifiers which you choose; and all activities that occur under such password or account identifiers.

7.2 You agree to notify Stratacam of: any loss of your password or account identifiers; and any unauthorized use of your password or account identifiers.

7.3 Without limiting anything in this Agreement, Stratacam will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section 7.

8. Third Party Websites

This Stratacam Service may contain links (including, but not limited to, through the Search Functionality) to websites or services operated by other people or companies, (collectively "Third-party Services"). Third Party Services may have their own terms or use and privacy policy or no terms of use or privacy policy at all. Stratacam does not endorse any such Third-party Services or the information, materials, products, or services contained on or accessible through Third-party Services. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Stratacam Service are solely between you and such advertiser. Access and use of Third-party Services, including the information, materials, products, and services on or available through Third-party Services is solely at your own risk.

9. Privacy Policy

Stratacam is committed to protecting the privacy of users of the Stratacam Service. For information regarding how Stratacam collects, uses and discloses your personal information, please see the Stratacam Privacy Policy.

10. Disclaimer

CONTENT ON THE STRATACAM SERVICE, INCLUDING WITHOUT LIMITATION, MATERIALS, AND PRODUCED CONTENT, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY.

STRATACAM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE STRATACAM SERVICE AND DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, STRATACAM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (III) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE STRATACAM SERVICE, OR ANY PART THEREOF; (IV) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE STRATACAM SERVICE; (V) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA ON THE STRATACAM SERVICE; AND (VI) OTHER WARRANTIES RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS OF STRATACAM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, OR SUPPLIERS .

FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, STRATACAM MAKES NO WARRANTY THAT THE STRATACAM SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. THE STRATACAM SERVICES MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STRATACAM OR THROUGH THE STRATACAM SERVICE WILL CREATE ANY WARRANTY. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE STRATACAM SERVICE (INCLUDING RSS FEEDS) OR ANY THIRD-PARTY SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, STRATACAM', AND ITS OFFICERS', DIRECTORS', EMPLOYEES', AFFILIATES', AGENTS', LICENSORS', AND SUPPLIERS' LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

13. Limitation of Liability

IN NO EVENT WILL STRATACAM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS STRATACAM SERVICE BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF: (I) THIS STRATACAM SERVICE, YOUR ACCESS, USE OR INABILITY TO USE THIS STRATACAM SERVICE; (II) ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE STRATACAM SERVICE); (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE STRATACAM SERVICE, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL IDENTIFIABLE INFORMATION STORED THEREIN, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE STRATACAM SERVICE BY ANY THIRD PARTY.

IN NO EVENT WILL STRATACAM OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE STRATACAM SERVICE OR YOUR INTERACTION WITH OTHER STRATACAM SERVICE USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO STRATACAM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.

STRATACAM RESERVES THE RIGHT TO ALTER, REMOVE OR DISCONTINUE ANY PORTION OF THE STRATACAM SERVICE OR THE CONTENT ON THE STRATACAM SERVICE OR TO SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.

THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF STRATACAM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD-PARTY SERVICES OR OTHERWISE BY THIRD PARTIES OTHER THAN STRATACAM AND RECEIVED THROUGH OR ADVERTISED ON THE STRATACAM SERVICE OR RECEIVED THROUGH ANY REFERENCE SITES.

YOU SPECIFICALLY ACKNOWLEDGE THAT STRATACAM SHALL NOT BE LIABLE FOR PRODUCED CONTENT 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.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, STRATACAM', ITS OFFICERS', DIRECTORS', EMPLOYEES', AFFILIATES', AGENTS', LICENSORS' AND SUPPLIERS' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

11. Indemnification

You agree to indemnify, defend and hold harmless Stratacam, its officers, directors, employees, affiliates, agents, licensors, suppliers, successors, assigns, and their past and present officers, directors and employees, representatives and agents from and against any losses, claims, damages, liabilities, including legal fees and expenses, arising out of:

(i) any claim due to or arising out of your violation of these Terms of Use, including but not limited to a claim arising out of a breach of your representations or warranties made hereunder;
(ii) your use or misuse of or access to the Stratacam Service;
(iii) your violation of any law, regulation or third party right, including without limitation any copyright, property, or privacy right; or
(iv) any claim that you or your Produced Content caused damage to a third party.

Stratacam reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Stratacam, and you agree to cooperate with Stratacam' defense of these claims.

12. Release for disputes between users.

Stratacam does not control the actions of its Users. If you have a dispute with one or more Users, you release Stratacam (and Stratacam' officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you hereby waive California Civil Code ยง1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

13. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Stratacam without restriction.

14. Waiver and Severability

The failure to require performance of any provision shall not affect Stratacam' right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms of Use constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any portion of these Terms of Use is found to be unenforceable, such portion will be modified to reflect the parties' intention and only to the extent necessary to make it enforceable, and the remaining provisions of this Agreement will remain in full force and effect.

15. Notice

Stratacam may provide you with notices, including those regarding changes to Stratacam' terms and conditions, by email, regular mail or postings on the Stratacam Service. Notice will be deemed given twenty-four hours after email is sent, unless Stratacam is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Stratacam Service. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Stratacam Service is deemed given 30 days following the initial posting.

16. Choice of Law and Forum

These Terms of Use shall be governed and construed in accordance with the laws of the State of California, excluding its conflicts of law rules. Any dispute arising out of or relating to these Terms of Use or your access or use of the Stratacam Service will be subject to the exclusive jurisdiction of the state and federal courts located within Santa Clara County in the State of California, and you hereby submit to the personal jurisdiction of such courts. YOU AND STRATACAM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE STRATACAM WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

17. Headings.

The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

18. Entire Agreement.

This is the entire agreement between you and Stratacam relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Policies made by Stratacam as set forth above.

19. No Agency.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

20. No Third Party Beneficiaries

The parties specifically disavow any desire or intention to created a "third party" beneficiary contract, and specifically declare that no person, except for the parties and their permitted assigns, shall have any rights hereunder nor any right of enforcement hereof.

21. Third Party Advertising.

If a user wishes to know more about this practice or would like to know more about his/her options, the user can visit the Network Advertising Initiative (NAI). The NAI is a cooperative of online advertising companies who are committed to responsible practices and consumer protection.

22. Disclosures.

The services are offered by Stratacam, USA and email: feedback@Stratacam.com. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

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