Date of Last Revision: April 2023
Eligibility and Registration. You represent and warrant that you are above the age of majority in your state of residence. As a visitor to Strobe, you need not be a Registered User. However, certain sections of Strobe may require you to register, or otherwise may ask you to provide information to participate in certain features. If registration is requested, you agree to provide us with accurate and complete registration information. It shall be your responsibility to inform us of any changes to that information. Each registration is for a single individual and noncommercial use only, unless specifically designated otherwise on the registration page. You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you, the User. You agree to immediately notify us of any unauthorized use of your registration or password.
Registration Data; Account Security. You agree to (a) provide accurate, current, and complete information about yourself during registration (“Registration Data”); (b) maintain the security of your password and account information; and (c) be fully responsible for all use of your account and for any actions that take place using your account. You acknowledge that we will use the email address you provide with your Registration Data as the primary method for communication.
Your Use of Strobe; Restrictions.
The User has a nonexclusive, nontransferable, limited, and revocable right to use Strobe solely for the User‘s personal use, and such other use for which Strobe is intended as described herein. User will not use Strobe for any other purpose, without the Company‘s express prior written consent.
You agree not to use Strobe or to authorize any other person to use Strobe to:
cause Strobe, or any portion thereof, to be framed in such a way that Strobe, or any portion thereof, appears on the same screen with a portion of another website or application;
harvest or collect email addresses or other contact information of other users from Strobe by electronic or other means;
use Strobe in any unlawful manner or in any other manner that could damage, disable, overburden or impair Strobe;
use automated scripts to collect information from or otherwise interact with Strobe;
impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
sell, resell, rent, or charge for our services and data; or
reverse engineer, alter, modify, create derivative works from, decompile, or extract code from Strobe.
Company’s Intellectual Property Rights and License to You.
Company’s Proprietary Rights. The User acknowledges and agrees that all content on Strobe, including designs, text, graphics, pictures, photographs, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Strobe Content”), are the property of Company, its content providers, and/or their respective owners, and that the Company, its content providers, and/or the respective owners, retain all right, title, and interest in Strobe Content. No Strobe Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission.
Copyright and Trademarks. Strobe and other Company names, graphics, logos, designs, page headers, button icons, scripts and service names are registered and common law copyright, trademarks, service marks or trade dress of the Company in the U.S. and/or other countries. The Company‘s copyrights, trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
No Intellectual Property Infringement Permitted. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks or service marks or other proprietary information owned by another party without obtaining the prior written consent of the copyright owner.
User Intellectual Property and License to Company
User Intellectual Property. You retain ownership rights in all information, data, content, items and materials in any form which are provided by you, or made available, approved, or linked to by you, or on your behalf in connection with your use of Strobe, including any images, text, graphics, illustrations, affiliated names, brand identifiers, logos, trademarks, photographs, audio, videos, music and all related intellectual property rights related to them, including any third-party material, data or content contained therein (“User Content”).
Your License to Us. While you retain ownership in User Content, by submitting User Content to us, you hereby grant the Company and its affiliates a worldwide, non-exclusive, irrevocable, fully-sublicensable, fully paid and royalty-free license, to reproduce, make derivative works of, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, transfer, import, and exercise any and all such rights in any User Content, or other information collected from your use of Strobe, for the purpose of internal analytics, reporting, and external marketing. You also agree that this license to the Company extends to our use of your brand, approved images, name, approved likeness, and associated information if submitted by you to Strobe. To the extent that you have any moral rights in the licensed User Content, you hereby waive such moral rights for the benefit of the Company and its affiliates.
User Content General Rules
User Content must not include any false or defamatory statements about Company or any third party.
User Content must be appropriate for audiences 13 years of age and older.
User Content must comply with trademark, copyright, and other intellectual property rights and/or guidelines provided by Company or within applicable laws and regulations.
User Content must comply with all Federal Trade Commission (FTC) rules or regulations in your jurisdiction.
User Content must not falsely state, misrepresent, or conceal affiliation with any person or entity.
Term. This Agreement will remain in full force and effect while you use Strobe and/or are a Registered User. The Company may terminate your registration, delete your account and any content or information that you have provided on Strobe and/or prohibit you from using or accessing Strobe (or any portion, aspect or feature thereof) for any reason, including if you violate this Agreement or are engaged in illegal or fraudulent use of our service, at any time in its sole discretion, with or without notice. You may terminate your registration at any time for any reason as well; however, the Company may still retain your Registration Data and User-Submitted Content. Even after your membership is terminated, certain sections of this Agreement will remain in effect; see Section 13 below for a list of the provisions of this Agreement that will survive the termination of your Registration.
Disclaimers and Limitations on Liability.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE COMPANY TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE STROBE APP. BY ACCESSING OR USING STROBE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
STROBE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH STROBE, IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT STROBE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.
IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEBSITE OR ANY THIRD-PARTY APPLICATIONS, SOFTWARE OR CONTENT OR ANY OF STROBE USER CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM STROBE, EVEN IF COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR USING STROBE DURING THE TERM OF THIS AGREEMENT AND IN NO CASE WILL EXCEED THE AMOUNT PAID BY YOU TO COMPANY IN THE PRECEDING 6 MONTHS. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR USE OF STROBE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY REGARDLESS OF THE CAUSE OF ACTION.
Governing Law; Venue and Jurisdiction. While Strobe can be accessed in different countries all over the world, by visiting or using Strobe you agree that the laws of the Province of British Columbia, and the Federal laws applicable thereto, shall apply to any actions or claims arising out of or in relation to this Agreement or your use of Strobe, without regard to conflicts of laws principles thereof.
Copyright Notifications. If you believe that Content on Strobe infringes copyrights, please notify us in accordance with our Copyright Policy.
Fees and Taxes. You are responsible for all carrier data plan and other fees and taxes associated with your use of Strobe.
Export. You agree that you shall comply with all applicable export and import control laws and regulations in your use of Strobe, or materials or services received through Strobe, and, in particular, you shall not export or re-export anything on or received through this site in violation of local or foreign export laws and/or without all required U.S. and foreign government licenses.
Survival. Although this Agreement may be terminated by you or us at any time and for any reason, the terms of the following sections of this Agreement will survive any such termination and you and we will continue to be bound by such terms indefinitely: (Term), (Company Intellectual Property and Proprietary Rights), (Disclaimers and Limitation on Liability), (Indemnity), and this (Miscellaneous).