1. ACCEPTANCE OF TERMS AND CONDITIONS OF SERVICE
Welcome to String . String provides the Service (as defined below) to you ("you", “Paid Service Provider”, “Concierge”, “User” or the "Recommender"), subject to the following terms and conditions, as they may be amended from time to time (the "Ts and Cs"). String may amend or modify the Ts and Cs without notice, effective immediately, by posting the Ts and Cs on the String.me website or mobile application or by otherwise notifying the Recommender of the Ts and Cs. String reserves the right to discontinue, on a temporary or permanent basis, the Service (in whole or in part) without notice and without liability to the Recommender. If the Recommender uses the Service after String posts changes to the Ts and Cs, the Recommender accepts the changed Ts and Cs.
By registering for or using the Service the Recommender agrees to the Ts and Cs. String may offer certain services that will be governed by different or additional terms and conditions. All such additional terms and conditions are hereby incorporated by reference into the Ts and Cs.
2. DESCRIPTION OF SERVICE
The Service provided by String to the Recommender is as follows:
The String messaging platform enables hospitality experts to more efficiently communicate with paying or non-paying clients for recommendations and requests. String’s artificial intelligence engine maintains and generates lists from previous recommendations to enable more efficient communication for new requests. The platform also provides tools for experts to easily manage their clients, processes payments, and enables professionals to keep doing what they do best, while receiving recurring revenues.
String may offer other services, some of which may be available free of charge and some of which may only be available for paying members who subscribe to such portions of the Service, on its String.me website for use only under a nonexclusive, nontransferable, and nonassignable license subject to the Ts and Cs. The Recommender does not have the right to copy, sell, or otherwise exploit for any commercial purpose (other than communicating with the Recommender’s clients) the Service (in whole or in part), access to the Service or use of the Service. Any service added to the Service shall be governed by the Ts and Cs, unless String expressly provides that such service shall be governed by different terms and conditions.
The Service is provided "AS IS." String shall have no liability for any interruption, error, omission, deletion, defect, delay, or other problem with the Service.
3. ELIGIBILITY FOR MEMBERSHIP
The Service is available only to individuals who can form legally binding contracts under applicable law and are at least 18 years of age. If you do not qualify, please do not use the Service or any of our services that require your ability to form legally binding contracts. String may refuse access to the Service to anyone, at any time, in its sole and absolute discretion.
4. FEES AND PAYMENTS TO USERS’ SUBSCRIBERS
Although a substantial portion of the Service is currently available to Users free of charge, including the ability to initiate and receive message communications, Users have the option of setting Premium Membership rates. If You elect to charge for Premium Memberships to your subscribers, String shall bill the subscribers on a monthly basis and remit the proceeds, less String’s service fee and any net chargeback or refunds provided to subscribers, to You on a monthly basis. You are must provide Premium Members advance notice of any rate change at least 30 days in advance.
5. RECOMMENDER'S OBLIGATIONS TO PROVIDE ACCURATE INFORMATION, CERTAIN OTHER RECOMMENDER OBLIGATIONS AND TERMINATION
The Recommender represents and warrants that the Recommender will: (a) provide true, accurate, complete, and up-to-date information about the Recommender as prompted by the components of the Service and in the registration process; and (b) maintain and in a timely manner update this information, including, without limitation, banking and payment information, so that it is at all times true, accurate, complete and up to date. If any information provided by the Recommender is untrue, inaccurate, incomplete, or not up to date, if the Recommender has violated the Ts and Cs, or if the Recommender has violated the rights of String or others, then String may, without notice, terminate the Recommender's access and use of the Service. In addition, String reserves the right, in its sole and absolute discretion, for any or no reason, without liability to the Recommender, to refuse access to the Service to the Recommender.
It is the Recommender's responsibility to arrange, be responsible for and pay for the Internet access service or wireless fees connecting the Recommender's computer to the Internet to enable the Recommender to have access to the Service.
6. USE OF INFORMATION, PRIVACY, CONTENT AND LICENSE
To enable String to use and publish the Recommender’s information that you choose to make publicly available on String website or mobile application in connection with your use of the Service ("Recommender Information"), the Recommender grants String a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right (including all moral rights) and license to use, reproduce, modify, adapt, publish, perform, prepare derivative works from, distribute, and display Recommender Information (in whole or in part) and to incorporate it in other works, in any form, media or technology now known or later developed, for the full term of any rights that may exist in Recommender Information.
7. USE OF COPYRIGHTED, TRADEMARKED OR OTHER PROTECTED MATERIAL
The Recommender may not post any information or items to String website or on its mobile application that are copied, in whole or in part, from third-party sources without the third party's authorization. This includes:
- scanning of images created by others,
- copying, modifying, and linking to code, images, sound recordings, audiovisual works or text created by others,
- any other activities that would infringe the proprietary rights of others.
For further clarification, please see the U.S. Law on Copyrights, or see the websites of the U.S. Copyright Office or U.S. Trademark Office.
String respects the intellectual property rights of others and requires that the Recommender do so as well. String will terminate the membership of recommenders who are repeat infringers of the intellectual property rights of others.
If a Recommender or visitor to String website or mobile application believes his or her copyright or other intellectual property right has been infringed or violated by a posting on String website, the Recommender or visitor should send notification to String's copyright agent, Michael Smith, immediately. To be effective, the notification must include:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed,
- Identification of the copyrighted work or other intellectual property claimed to have been infringed or violated, or if multiple allegedly infringed works at String website or mobile application are covered by a single notification, a representative list of such works at that site,
- Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit String to locate the material,
- Information reasonably sufficient to permit String to contact the complaining party, such as address, telephone number and, if available, e-mail address at which the complaining party may be contacted,
- A statement that the complaining party 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,
- 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 owner of an exclusive right that is allegedly infringed or violated.
Or contact String's copyright agent via telephone, postal mail or fax:
String/ RECFIVE LLC
Attention: Michael Smith, Copyright Agent
433 Broadway #509, New York, NY 10013
String will then take appropriate remedial action, which may include the removal of said infringing or violative material or items from String website or mobile application. Please make all notifications of alleged infringements or violations promptly and allow String at least 48 hours to review and, if appropriate, remove the infringing or violative materials or items. String is not responsible for material that is copied from the Recommender's profile or postings.
8. PASSWORD AND SECURITY
The Recommender will select a password upon completing registration. The Recommender authenticates the Recommender's session by entering the Recommender's password and the Recommender's ID. The Recommender is responsible for maintaining the confidentiality of the password and for all activities in connection with the Recommender's password. The Recommender must immediately notify String of any unauthorized use of the Recommender's password or any other breach of security.
To keep the Recommender informed about String's latest offers, String may notify the Recommender of current promotions, specials and new additions to String website or mobile application; String may also send the Recommender service announcements and administrative messages. The Recommender may not unsubscribe to this information as it is part of the Recommender's membership. The Recommender can, however, terminate the Recommender's membership at any time by notifying String at email@example.com of such termination; after such termination, the Recommender will no longer receive such communications without the Recommender's prior consent.
9. ADDITIONAL RECOMMENDER RESPONSIBILITIES
The Recommender shall comply with all applicable local, state, national and international laws and regulations in connection with the Recommender's use of the Service, shall not impersonate any person or entity or falsely represent Recommender's identity, and shall not interfere with the use of the Service by others, including, without limitation, by submitting any virus or other mechanism to the Service, by transmitting junk mail, spam, bombs or unsolicited e-mail or by attempting to cause the Service to crash. The Recommender shall be solely responsible for the content that the Recommender publishes, transmits or displays on String.me website or mobile application and for all communications in connection with the Recommender's use of the Service. The Recommender shall not use the Service to communicate any unlawful, annoying, harassing, defamatory, libelous, abusive, threatening, harmful, vulgar, obscene or tortious content ("content" for purposes of the Ts and Cs shall mean data, textual material, software, sound recordings, audiovisual works, photographs or other illustrations or other information or materials) of any kind or any content that invades, infringes or violates the personal or proprietary rights of any person or entity. The Recommender shall not attempt to gain unauthorized access to other networks that may be connected to the Service.
You shall not use the Service to: post or otherwise make available any content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harass or promote harassment of other members of the Service; send unsolicited e-mail; post or otherwise make available content you know to be inaccurate, illegal or misleading or that promotes conduct that is abusive, threatening, obscene, defamatory or libelous; post or otherwise make available content that exploits people under the age of 18 in a sexual, violent or other objectionable manner, or solicits personal information from anyone under the age of 18; in any way harm people under the age of 18; provide instructional content about illegal activities; post or otherwise make available content that you do not have the right to make available; solicit passwords or personally identifiable information for commercial or unlawful purposes from other members of the Service or recommenders of String website or mobile application; or solicit other members of the Service or recommenders of String website or mobile application to buy or sell any product or service without their prior consent.
The Recommender shall indemnify and hold String harmless from any claim, demand, action, loss, cost or expense, including, without limitation, reasonable attorney's fees, arising out of or in connection with the Recommender's use of the Service, the Recommender's breach of any representation or warranty in the Ts and Cs, the Recommender's violation or breach of the Ts and Cs or the Recommender's violation or infringement of the rights of others.
11. LINKS, ADVERTISING AND THIRD-PARTY SERVICES
Links to other websites may be provided in the Service. Certain String branded services may be provided by third parties. String will not be responsible for the availability of such external sites or third-party services, and does not endorse and is not responsible or liable for any content, advertising, service, product, or other material on or available from such external sites, String website or mobile application, or third parties or for any damages caused by or in connection with such content, advertising, service, product or other material available from such sites or third parties.
12. STRING's PROPRIETARY RIGHTS
Information made available to the Recommender through the Service and the content of the Service may be protected under copyright, trademark, patent or other laws of the United States and foreign jurisdictions. Recommender may use this information and content only as expressly authorized by String or the other proprietors of this information and content and may not reproduce, publicly display or perform, distribute or prepare derivative works of such information or content without express authorization of the proprietors thereof. "String" “EVERYONE’S PERSONAL CONCIERGE” and certain other trademarks and service marks displayed on the String.me website are trademarks and service marks of String, and the Recommender shall not display or otherwise use for any purpose whatsoever such trademarks or service marks without the prior written permission of RECFIVE, LLC.
13. CARE IN USING THE SERVICE
The Recommender should use caution when using the Service. String reserves the right at any time to screen or otherwise monitor content that is provided in connection with the Service and to delete or remove any content that violates the Ts and Cs or that String considers inappropriate, offensive, illegal, a threat to the rights or safety of any member of the Service or otherwise objectionable. String does not monitor that the people who are using the Service are bona fide, that confidential information will be treated as such or that the content provided is accurate, truthful, up-to-date or not misleading.
14. DISCLAIMERS AND DISCLAIMERS OF WARRANTIES
USE OF THE SERVICE IS AT THE RECOMMENDER'S SOLE DISCRETION AND RISK. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE."
RECFIVE MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, FREE OF VIRUSES OR OTHER MECHANISMS, OR ERROR-FREE. RECFIVE MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. RECFIVE MAKES NO WARRANTY REGARDING ANY TRANSACTION ENTERED INTO THROUGH THE SERVICE.
RECFIVE DOES N0T MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF RECFIVE WEBSITE OR MOBILE APPLICATION OR ITS CONTENT OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF RECFIVE WEBSITE OR MOBILE APPLICATION.
THE RECOMMENDER UNDERSTANDS AND AGREES THAT ANY CONTENT AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE OR RECFIVE WEBSITE OR MOBILE APPLICATION IS AT THE RECOMMENDER'S OWN DISCRETION AND RISK AND THAT THE RECOMMENDER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE RECOMMENDER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT AND/OR DATA.
RECFIVE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
THE ABOVE EXCLUSIONS OF WARRANTIES MAY NOT APPLY TO THE RECOMMENDER IN JURISDICTIONS THAT DO NOT PERMIT SUCH EXCLUSIONS.
15. LIMITATION OF LIABILITY
RECFIVE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES OF WHATEVER KIND AND HOWEVER CAUSED, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, EVEN IF RECFIVE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, RECFIVE WEBSITE OR MOBILE APPLICATION OR THE CONTENT POSTED OR OTHERWISE MADE AVAILABLE THEREON OR ANY INTERACTION BETWEEN RECOMMENDERS, WHETHER ONLINE OR OFFLINE, ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, INTERNET OR OTHER DELAYS, COMMUNICATION-LINE FAILURES, THEFTS, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OR ALTERATION OF RECOMMENDER OR MEMBER COMMUNICATIONS, OR THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICE OR THE RECFIVE WEBSITE, OR THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR INFORMATION RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR THE RECFIVE WEBSITE. RECFIVE'S CUMULATIVE LIABILITY TO THE RECOMMENDER FOR ALL CLAIMS ARISING IN CONNECTION WITH THE SERVICE SHALL NOT EXCEED THE TOTAL FEES, IF ANY, PAYABLE BY THE RECOMMENDER FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM.
THE ABOVE EXCLUSIONS OR LIMITATIONS OF LIABILITY MAY NOT APPLY TO THE RECOMMENDER IN JURISDICTIONS THAT DO NOT PERMIT SUCH EXCLUSIONS OR LIMITATIONS.
The Ts and Cs shall be governed by the internal laws of the State of New York applicable to agreements made and to be fully performed therein, without giving effect to conflict of laws principles thereof. The Recommender and RECFIVE shall submit to the personal and exclusive jurisdiction of the courts located within the county of New York, State of New York.
If any provision of the Ts and Cs is held by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions of the Ts and Cs shall remain in full force and effect.
The paragraph headings are for convenience only and shall have no effect upon the meaning of the paragraph.
Effective: November 1, 2015