1. Overview These terms of service (“Terms of Service”) are entered into between you and
Stramel Media Inc. (“Stramel Media,” “we,” or “us”). The Terms of
Service govern your access to and use of the Stramel Media website at www.stramelmedia.com ,
including any content, functionality, communication channels, software, and
Services offered on or through it (the “Platform”). By using the Platform, you agree to be bound and abide by these Terms of
Service. Stramel Media may terminate your ability to use the Platform
without notice if you do not comply with these Terms of Service. If you do not
agree to these Terms of Service, you must not access or use the Platform. You
must be at least 18 years old to use the Platform. Stramel Media reserves the right to make changes to the Platform and to
these Terms of Service at any time. All changes are effective immediately when posted.
Your continued use of the Platform following the posting of the revised Terms
of Service means that you accept and agree to the changes. All Information Stramel Media collects on the Platform is subject to
our Privacy Notice posted on the Platform. By using the Platform, you consent
to all actions taken by us with respect to your Information in compliance with
the Privacy Notice. The Privacy Notice is incorporated into and governed by
these Terms of Service. To the extent there is a conflict, these Terms of
Service supersede the Privacy Notice. You agree that you will not upload any
confidential or personal information onto the Platform except for personal
information specifically requested by Stramel Media pursuant to the
Privacy Notice. All Platform Content (as defined below) is current as of the date it is
posted on the Platform to the best of Stramel Media’s knowledge. As used in these Terms of Service, references to the “Stramel Media
Team” include Stramel Media, our owners, assigns, subsidiaries, affiliated
companies, officers, and directors, and all parties involved in creating,
producing, and/or delivering the Platform. 2. Services Stramel Media provides a multitude of product integrations and services
(the “Services”) on the Platform, which you may subscribe to through the
Platform. All references to the Platform include the Services. All Services are
subject to these Terms of Service as well as the additional provisions below.
The terms in these Terms of Service govern to the extent there is a direct
conflict between the additional terms linked below and these Terms of Service. a. Right to Modify the Services. We reserve the right to implement new
elements as part of the Services including changes that may affect the previous
mode of operation of the Services. We believe that any such modifications will
enhance the overall Services, but it is possible that your opinion may vary. b. No Contingency on Further Releases and Improvements. You understand that
your purchase of Services on or through the Platform is not contingent on the
delivery by us of any future release of any functionality or feature, including
but not limited to the continuation of a certain Service beyond its current
subscription term, or any third party services. c. As-Is. The Platform is provided on an as-is basis as further described in
Section 21, except as expressly provided otherwise in this Agreement. d. Features. Features and terms used in connection with the Platform and
Services such as “power dialer” may have some resemblance to those provided by
others, but our Platform features and terms are specific to our Platform. e. Additional Terms. Additional terms may apply to specific services and
programs offered by Stramel Media on the Platform. To the extent there is
a conflict, these Terms of Service will take precedence. The terms for the Stramel Media affiliate program are available here: https://www.stramelmedia.com/affiliate-policy . 3. Intellectual Property The Stramel Media Platform and all its content, including data,
features, services, and functionality (such as text, graphics, videos, logos,
button icons, databases, music, sounds, images, or any other material that can
be viewed on the Platform) (“Platform Content”), are the property of Stramel Media
or its licensors and are protected by copyright, trademark, and other
intellectual property laws. This excludes User Contributions as defined below. The Stramel Media name and related logos are trademarks and service
marks (“Marks”) of Stramel Media. These Marks may not be used without
advance written permission from Stramel Media, except in connection with Stramel Media products or services. Any use in a manner likely to cause confusion or
to disparage, discredit, or misrepresent Stramel Media is prohibited. The
Platform may mention other products or company names, which may be trademarks
or service marks of their respective owners. Third-party websites may feature our logos or trademarks, with or without
authorization. However, featuring our logos or trademarks on third-party
websites does not imply any approval, sponsorship, or endorsement of Stramel Media. If you believe that any content on the Platform violates your intellectual
property rights, please notify Stramel Media as described in Sections 18
and 31. 4. Limited License And Prohibited Uses Stramel Media grants you a personal, royalty-free, non-assignable,
revocable, and non-exclusive license to access and use the Platform Content
while using the Platform. Except to make the Services available to you and your
end users, as expressly permitted under these Terms of Service, any other use,
including the reproduction, modification, distribution, transmission,
republication, framing, display, or performance of Platform Content without
prior permission of Stramel Media is strictly prohibited. You may not
remove any Marks or other proprietary notices, including, without limitation,
attribution information, credits, and copyright notices that have been placed
on or near the Platform Content. You, your employees, and your end user clients (“Clients”) may use the
Platform only for lawful purposes and in accordance with these Terms of
Service. You agree that you, your employees, and your Clients will not: - Use the Platform or any Services in any way that violates any applicable
law or regulation. - Use the Platform or any Services for the purpose of exploiting, harming or
attempting to exploit or harm anyone in any way. - Send, knowingly receive, upload, download, use, or re-use any material
that does not comply with these Terms of Service. - Transmit, or procure the sending of, any unlawful advertising or promotional
material, including any “junk mail,” “chain letter,” “spam,” or any other
similar solicitation. - Impersonate or attempt to impersonate Stramel Media, a Stramel Media employee, another user or any other person or entity (including, without
limitation, by using email addresses associated with any of the foregoing). - Engage in any other conduct that restricts or inhibits anyone's use or
enjoyment of the Platform or any Services, or which, as determined by Stramel Media, may harm Stramel Media or users of the Platform or expose them to
liability. - Use the Platform or any Services in any manner that could disable,
overburden, damage, or impair the Platform or interfere with any other party's
use of the Platform, including their ability to engage in real-time activities
through the Platform. - Use any robot, spider, or other automatic device, process, or means to
access the Platform for any purpose, including monitoring or copying any of the
material on the Platform. - Use any manual process to monitor or copy any of the material on the
Platform or for any other unauthorized purpose without Stramel Media’s
prior written consent. - Use any device, software, or routine that interferes with the proper
working of the Platform or any Services. - Introduce any viruses, Trojan horses, worms, logic bombs, or other
material that is malicious or technologically harmful. - Attempt to gain unauthorized access to, interfere with, damage, or disrupt
any parts of the Platform, the server on which the Platform is stored, any
server, computer, or database connected to the Platform, or any Services. - Attack the Platform via a denial-of-service attack or a distributed
denial-of-service attack. - Otherwise attempt to interfere with the proper working of the Platform or
any Services. 5. Customer/End User Conduct In connection with your use of the Platform or Services, you agree that: You, your employees, agents, and Clients will maintain in effect all
licenses, permissions, authorizations, consents, and permits necessary to carry
out the obligations under these Terms of Service. You are fully responsible for your actions and the actions of your
employees, agents, and Clients with respect to use of the Platform. You are fully responsible for the use of the Services by your Clients. Stramel Media’s agreement is with you, not your Clients. You, your employees, agents and Clients will not misrepresent the Services. You will provide these Terms of Service to your employees, agents, and Clients
and confirm that all employees, agents, and Clients understand that they are
subject to these Terms of Service if they use or offer the Services. You own or control all rights in and to all content you provide to Stramel Media. You will be solely responsible for all of your use of the Platform,
including the quality and integrity of any data and other information made
available to us by or for you through the use of the Services under these Terms
of Service and each Service that you make available to your Clients. You have provided, and will continue to provide, adequate notices and have
obtained, and will continue to obtain, the necessary permissions and consents
to provide your Client’s data to us for use and disclosure in accordance with
these Terms of Service and our Privacy Notice. You, your employees, and your Clients will provide reasonable cooperation
regarding information requests from law enforcement, regulators, or
telecommunication providers. 6. Your Use Of Communications Features of the Services Stramel Media is the provider of Services for your use, which may
include certain communications features such as SMS, MMS, email, voice call
capabilities and other methods. You agree that: You are exclusively responsible for all communications sent using the
Services, including compliance with all laws governing those communications
such as the Telephone Consumer Protection Act (“TCPA”) and the CAN-SPAM Act,
and you agree that you understand and will comply with those laws. You understand that your use of the Services may violate applicable laws if
you do not comply with them. Stramel Media is not responsible for your
compliance with laws and does not represent that your use of the Services will
comply with any laws. You should consult a lawyer for legal advice to ensure
your communications comply with applicable law. Stramel Media is a technology platform communication service
application provider only. Stramel Media does not originate, send, or
deliver any communications to any recipient via SMS, MMS, email, or other
communication method; You, not Stramel Media, are the maker or initiator of any
communications. You control the message, timing, sending, fraud prevention, and
call blocking. The Service is purely reactive and sends messages only as
arranged and proscribed by you. All communications, whether, without
limitation, SMS, MMS or email, are created by and initiated by you and/or your
Clients, whether generated by you or sent automatically via the Services at
your direction. Any customer data provided to Stramel Media through any means,
including without limitation, by inbound text, data imports, tablet sign-ins,
API calls or manual entry, only includes data from individuals who have
explicitly opted into your communications program and have explicitly agreed to
receive your communications (whether by SMS, MMS, email, voice communication or
other method) in accordance with applicable law, including without limitation
the TCPA. 7 . Payment a. Fees. If you choose to purchase one or more of the Services provided on
the Platform, you agree to pay all fees (“Fees”) associated with the Services.
Our monthly subscription provides tiered pricing for different levels of
Services and products based on the Services you choose to use. In addition to
our monthly subscription Services, you may purchase add-in Services for a
one-time Fee or recurring subscription Fees. Fees may change from time to time.
All Fees are exclusive of any applicable communications service or telecommunication
provider (e.g., carrier) fees or surcharges (collectively, “Communications
Surcharges”). You will pay all Communications Surcharges associated with your
use of the Services. Communications Surcharges will be shown as a separate line
item on an invoice. All Fees and Communications Surcharges are nonrefundable. b. Any charges incurred by your purchase or use of the Services will be
billed to the credit card we have on file. In the event you sign up for a
Service that is ongoing and incurs recurring charges (such as a subscription),
such charges will be billed in advance of Service. You agree to provide us with
accurate and complete billing information, including valid credit card
information, your name, address, and telephone number, and to provide us with
any changes in such information within 10 days of the change. If you are passing the obligation to pay Platform-related Fees to your
Clients, you are solely responsible for all related transactions, including but
not limited to refunds and charge backs of such Fees that are passed on. Stramel Media is not responsible for resolving issues related to costs passed on to
your Clients. Any fees passed on to Clients or other third parties must be
amounts charged by Stramel Media, without increase or markup. c. Taxes. You are exclusively responsible for taxes and other governmental
assessments (“Taxes”) associated with your use of the Platform, including all
Taxes associated with the Services you order and any transactions you conduct
with your Clients. Stramel Media may collect Taxes from you as part of the
Fees as it deems appropriate, and all Stramel Media determinations
regarding what Taxes to collect are final. Stramel Media may recalculate
and collect additional Taxes from you if it determines at any point that they
are due. You will indemnify Stramel Media for all Claims related to Taxes
that are associated with your activities on the Platform, including any Taxes
related to your transactions with your Clients, as described in Section 22.
Taxes, like all Fees, are nonrefundable. d. Overdue Amounts. If, for any reason, your credit card company declines or
otherwise refuses to pay the amount owed for the Services you have purchased,
you agree that we may suspend or terminate performance of Services or delivery
of products and may require you to pay any overdue Fees and other amounts
incurred (including any third-party chargeback fees or penalties) by other
means acceptable to us. In the event legal action is necessary to collect on
balances due, you agree to reimburse us for all expenses incurred to recover
sums due, including attorney fees and other legal expenses. e. Payment Disputes. You will notify us in writing within sixty (60) days of
the date we bill you for any invoiced charges that you wish to dispute. You
must pay all invoiced charges while the dispute is pending or you waive the
right to pursue the dispute. Where you are disputing any fees, you must act
reasonably and in good faith and cooperate diligently with us to resolve the
dispute. All Stramel Media determinations regarding your obligation to pay
invoiced charges are final. f. No Refunds. Except as described below, all Fees assessed by Stramel Media
are non-refundable, and Stramel Media does not provide Fee refunds
or credits for partially used or unused subscriptions. If you sign up for a
Service subscription but do not access the Service or Platform, you are still
responsible for all Fees during the term of your subscription. If Stramel Media
chooses at its sole discretion to issue a refund or credit in one
instance, we are under no obligation to issue the same refund or credit in the
future. We reserve the right to issue refunds or credits at our sole discretion in
the following situations: 1 . Where we materially modify these Terms of Service or Privacy Notice
during a billing period and such modification adversely affects you, we may
refund a portion of your subscription Fee equal to the remaining unused term,
as we determine appropriate or as may be required by applicable law. To be
eligible for a refund, you must provide written notice that (a) identifies your
account and (b) requests cancellation of the specific Service. The cancellation
will be effective upon our receipt of your notice and our determination that
you are authorized to effect such cancellation. Please refer to the
“Communications and Contact Information” section below on how to provide notice
to us. 2 . Where a modification or interruption of Services adversely affects you
and alternative remedies, as specified in these Terms of Service, are not
available, we may refund a portion of your paid subscription Fee equal to the
remaining unused term of your subscription, as we determine appropriate or as
may be required by applicable law. 8 . Resale of Services (MAP Policy) Some levels of the Services allow you to resell access to the version of the
Platform that is customized for or by you. If you are authorized to resell
access, you must comply with our minimum advertised price policy as described
in this section and the provisions below. a. Minimum Advertised Price. You cannot advertise access to the Platform for
a price of less than $97 per month (the “MAP”). b. Determining Advertised Price. The price at which you are advertising
access to the Platform is determined after deduction of coupon discounts,
rebates, value of product giveaways, gift card amounts, and other promotional
offers, that have the effect of lowering an advertised price. c. Media. This MAP policy applies to advertising in any media. However, this
policy does not apply to advertising at a brick-and-mortar selling location
that is not distributed or visible to customers outside that location, or final
sale prices first disclosed to customers in “shopping carts” in web-based sales
(so long as such prices cannot be retrieved by search engines or otherwise
displayed to other customers). d. Changes. The MAP is established by Stramel Media and may be changed
by Stramel Media from time to time in its sole discretion. Any changes to
the MAP will be communicated by a change to this section of these Terms of
Service. Stramel Media may also notify you of any change to the MAP. e. Final Sale Price. This MAP policy applies only to the prices at which you
advertise access to the Platform and does not restrict your ability to set the
final price at which you resell access to the Platform. Stramel Media will
not sanction or otherwise penalize you solely for reselling access to the
Platform below the MAP. f. Exceptions. This MAP policy does not apply to advertising within any
jurisdiction in which minimum advertised price policies are prohibited by law.
It is a violation of this policy, however, to transmit an advertised price less
than the MAP from any such jurisdiction to customers in any jurisdiction in
which the policy is permissible. g. European Union and United Kingdom. For sales into the European Union and
United Kingdom, this MAP policy does not prohibit you from offering consumers
discounts or communicating to consumers that their final price could differ
from the MAP. h. Resale Restrictions. When reselling the service, you agree that you are
fully liable to your resale Clients for the Service and will handle all
disputes and inquiries they have without any involvement from Stramel Media, unless Stramel Media offers to assist. i. You Are Not Stramel Media. Do not present yourself as Stramel Media when reselling the Service, hold yourself out as a representative of Stramel Media, or indicate that you are associated with Stramel Media in any
way. Do not direct your resale Clients to contact Stramel Media for any
reason, including for Service support. j. Suspension and Termination. We may suspend or terminate your ability to
resell Services as described in this section in our sole discretion and with or
without advance notice to you if we determine that you are violating this
Agreement or for any other reason. 9 . Excessive Data Usage Your excessive data use may cause the Service to be slow or unavailable. We
have no liability for the effect that your excessive data use may have on
Service performance. We may (1) suspend or terminate your use of the Service or
(2) reduce the amount of data you are able to use, with or without advance
notice, if we determine in our sole discretion that your data use is excessive,
abusive or has a negative effect on the Services in any way. We provide the Service on a tiered-pricing basis, and some tiers can process
more data with less impact on Service performance. Contact us if you would like
more information about pricing for data usage that may be more appropriate for
your needs. 10 . Training Stramel Media may offer training to you related to how to use the
Services. All training and associated information conveyed as part of it
(“Training”) is as-is, with no warranty, as explained further in Section 21
(Disclaimer). You know your own situation and your Clients, and you alone are
responsible for how and whether you adopt any strategies learned through
Training. Stramel Media makes no guarantees that Training will produce any
particular outcome, and Training may in rare cases be counterproductive
depending on your situation. 11 . Data Stored on Our Servers Subject to our Privacy Notice , you agree that we have no responsibility or
liability for the deletion or failure to store any content maintained or
transmitted on or through the Platform. You acknowledge that we reserve the
right to remove or terminate accounts that have not paid a subscription Fee,
that remain inactive for longer than one (1) year, or that have violated one or
more terms of this Agreement. 12 . Account Registration To access portions of the Platform or to register for or use the Services,
you will be asked to provide registration details or other Information. It is a
condition of your use of the Platform that all Information you provide is
complete, current, and accurate. All Information you provide to register with
the Platform, complete a transaction through the Platform, or otherwise is
governed by our Privacy Notice, and you consent to all actions Stramel Media takes with respect to your Information consistent with our Privacy
Notice. 13 . Use and Protection of Login Credentials You are responsible for maintaining the confidentiality of your user name
and password (“Login Credentials”). You are responsible for all uses of your
account and Login Credentials, whether or not authorized by you. You agree to
notify Stramel Media immediately of any unauthorized access to or use of
your account or Login Credentials or any other breach of security. Stramel Media Systems reserves the right to disable your Login Credentials at any time in its
sole discretion for any or no reason, including if, in Stramel Media’s
opinion, you have violated any provision of these Terms of Service. User
accounts are non-transferable, and all users are obligated to take preventative
measures to prohibit unauthorized users from accessing the Platform with his or
her password. 14 . User Contributions To ask questions about this Privacy Notice and our privacy practices,
contact us at [email protected]
by mail at: Stramel Media Inc ATTN: Legal Department Bartlett Country EFFECTIVE DATE: 21st, March 2024 • You own or control all rights in and to the User Contributions and have
the right to grant the license granted above to us, the Stramel Media
Team, and our service providers, and each of their licensees, successors, and
assigns. • All of your User Contributions do and will comply with these Terms of
Service. • You understand and acknowledge that you are responsible for any User
Contribution you submit or contribute, and you, not Stramel Media, have
full responsibility for such content, including its legality, reliability,
accuracy, and appropriateness. By posting information on the Platform, or by otherwise using any
communications service, message board, newsgroup, or other interactive service
available on the Platform, you agree that you will not post comments, messages,
links, code, or other information that: • Are unlawful, threatening, abusive, harassing, defamatory, deceptive,
fraudulent, tortious, invasive of another’s privacy, or includes graphic
descriptions of sexual or violent content; • victimizes, harasses, degrades, or intimidates an individual or group of
individuals on the basis of religion, gender, sexual orientation, race,
ethnicity, age, or disability; • infringes any patent, trademark, trade secret, copyright, right of
publicity, or other proprietary right of any party; or • breaches the security of, compromises or otherwise allows access to
secured, protected or inaccessible areas of this Platform, or attempts to gain
access to other network or server via your account on this Platform. We are not responsible or liable to any third party for the content or
accuracy of any User Contribution posted by you or any other user of the
Platform, nor do we endorse the User Contribution of third parties. Further, we
are not responsible for any failure or delay in removing such postings. While
we do not monitor User Contributions, at our sole discretion, Stramel Media may choose to unpublish or otherwise make not available for public
viewing any material we deem unnecessary or inappropriate for use on our
Platform. 15 . User Customization Portions of the Platform may be modified by you, incorporating your name,
logo, trademark, and color scheme into your individual access area within the
Platform. You are solely responsible for copyright, trademark or other
intellectual property concerns connected with your and your Clients’ customized
look and feel of the Platform. You acknowledge that you may not be able to
customize the Platform according to your unique branding to the extent that
your customization would appear to be independently developed. Stramel Media remove any of your modifications at any time without advance notice
and with no liability to you. 16 . Promotions From time to time, this Platform may include advertisements offered by third
parties. You may enter into correspondence with or participate in promotions of
the advertisers showing their products on this Platform. Any such correspondence
or promotions, including the delivery of and the payment for goods and services
by those third parties, and any other terms, conditions, warranties or
representations associated therewith, are solely between you and the
advertiser. We assume no liability, obligation or responsibility for any part
of any such correspondence or promotion. You will ensure that these activities
comply with all relevant laws. 17 . Content You Create You own and retain all ownership rights to your data and User Contributions
uploaded to the Service (“Your Data”). You grant us, the Stramel Media
Team, and our service providers the right to use Your Data as necessary to
provide the Services to you and as permitted by these Terms of Service and our
Privacy Notice. You also grant Stramel Media the right to use Your Data to
improve the Service, develop new services, and for other Stramel Media
business purposes, subject to Stramel Media’s obligation to maintain the
confidentiality of Your Data. If you are using the Services on behalf of
another party, then you represent and warrant that you have all sufficient and
necessary rights and permissions to do so. Subject to the limited license
granted, we acquire no right, title or interest from you or your licensors under
these Terms of Service. Submission of Ideas. The Platform may include a platform through which users
may submit ideas in connection with new products, Services and/or related
features (each, an “Idea”). By submitting an Idea to Stramel Media, you agree
to the following unless we have mutually agreed in writing otherwise: • You are submitting your Idea to Stramel Media on a voluntary,
non-confidential, and gratuitous basis; • You grant Stramel Media and its designees a perpetual, irrevocable,
non-exclusive, fully-paid up and royalty-free license to use any Idea you
submit to Stramel Media without restrictions or payment or other
consideration of any kind, or permission or notification to you or any third
party. The license includes, without limitation, the irrevocable right to
reproduce, prepare derivative works, combine with other works, alter,
translate, distribute copies, display, perform, license the Idea, and all
rights therein, in the name of Stramel Media or its designees throughout
the universe in perpetuity in any and all media now or hereafter known; • Stramel Media may already be working on the same or a similar Idea,
or it may have received a similar or identical idea from other sources; • The Idea represents your own original work, you have all necessary rights
to disclose the Idea to Stramel Media, and neither your disclosure of the
Idea nor Stramel Media's review and/or use of the Idea will infringe upon
the rights of any other individual or entity; • Disclosing your Idea to Stramel Media does not establish a
confidential relationship or obligate Stramel Media to treat the Idea as
confidential; • Stramel Media has no obligation to develop or use your Idea and does
not owe you or anyone else any compensation for any use of your Idea or any
Ideas that are related to or derived from your Idea; • Stramel Media assumes no obligation with respect to any Idea unless
and until it enters into a written contract with you, and then only as
expressed in such written contract; • If your Idea is the subject of a patent that is pending or has been issued,
you have or will disclose that fact to Stramel Media. Stramel Media
acknowledges that to the extent you hold a patent in the Idea, no license under
any patent is granted to Stramel Media; • Any license to use a patented Idea shall be in the form of a written
contract, and Stramel Media's obligations shall be limited to only those
in such written contract; • Stramel Media is not obligated to review your Idea, give reasons for
rejecting your Idea, or disclose any activities that are related to the subject
matter of your Idea; • You will not construe Stramel Media's review of your Idea, or any
discussion, negotiations or offer between yourself and Stramel Media
relating to the possible purchase or license of your Idea, as recognition of
the novelty, originality, priority, other rights, or value of your Idea, and Stramel Media’s discussions or negotiations with you will not in any way impair Stramel Media’s right to contest the validity or infringement of your rights; • You hereby irrevocably release and forever discharge Stramel Media
and the Stramel Media Team from any and all actions, causes of actions,
claims, damages, liabilities and demands, whether absolute or contingent and of
any nature whatsoever, which you now have or hereafter can, shall or may have
against Stramel Media or the Stramel Media Team with respect to the
Idea, including without limitation in respect of how Stramel Media
directly or indirectly uses the Idea, with the sole exception in respect of the
foregoing release and discharge being your right to bring a claim of patent
infringement; and • You agree that you are responsible for the content of the Idea and further
agree (at Stramel Media's option and at your sole expense) to defend,
indemnify, and hold Stramel Media harmless from any and all actions,
claims, and liabilities, demands, whether absolute or contingent and of any
nature whatsoever, damages, losses, costs, fees, fines or expenses, including
reasonable attorneys' fees, which Stramel Media or the Stramel Media
Team may incur as a result of use of your Idea in accordance with these Terms
of Service. 18 . Copyright; Digital Millennium Copyright Act If you believe that your work has been copied in a way that constitutes
copyright infringement, or that your intellectual property rights have been
otherwise violated, you should notify us of your infringement claim in
accordance with the procedure set forth below. We will process and investigate notices of alleged infringement and will
take appropriate actions under the Digital Millennium Copyright Act (“DMCA”)
and other applicable intellectual property laws with respect to any alleged or
actual infringement. A notification of claimed copyright infringement should be
emailed to [email protected]
(Subject line: “DMCA Takedown Request”) and mailed to the designated copyright
agent address below. Our designated copyright agent to receive DMCA Notices is: Stramel Media ATTN: Copyright Agent Bartlett Country To be effective, the notification must be in writing and contain the
following information: • an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright or other intellectual property interest; • a description of the copyrighted work or other intellectual property that
you claim has been infringed; • a description of where the material that you claim is infringing is
located on the Platform, with enough detail that we may locate it; • your address, telephone number, and email address; • a statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright or intellectual property owner, its agent,
or the law; and • a statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright or
intellectual property owner or authorized to act on the copyright or
intellectual property owner's behalf. Counter-Notice: If you believe that your User Contribution that was removed
(or to which access was disabled) is not infringing, or that you have the
authorization from the copyright owner, the copyright owner's agent, or
pursuant to the law, to upload or display the content in your User
Contribution, you may send a written counter-notice containing the following
information to the above-listed Copyright Agent: • your physical or electronic signature; • identification of the content that has been removed or to which access has
been disabled and the location at which the content appeared before it was
removed or disabled; • a statement that you have a good-faith belief that the content was removed
or disabled as a result of mistake or a misidentification of the content; and • your name, address, telephone number, and email address, and a statement
that you will accept service of process from the person who provided
notification of the alleged infringement. If a counter-notice is received by our copyright agent, we will send a copy
of the counter-notice to the original complaining party, informing that person
that Stramel Media may repost the removed content or cease disabling it in
ten (10) business days. Unless the copyright owner files an action seeking a
court order against the content provider, member or user, the removed content
may be reposted, or access to it restored, in ten (10) to fourteen (14)
business days or more after receipt of the counter-notice, at our sole
discretion. We may, at our sole discretion, limit access to the Platform and/or
terminate the account of any user who infringes any intellectual property
rights of others. 19 . Third Party Content This Platform may include content provided by third parties. All statements
and opinions expressed by third parties are solely the opinions and the
responsibility of the person or entity providing those materials. Those
materials do not necessarily reflect the opinion of Stramel Media. Stramel Media is not responsible for the content or accuracy of any materials
provided by any third parties. 20 . Links To Other Web Sites Stramel Media may provide links to external web sites for the convenience
of Platform users. The inclusion of an external link on this Platform does not
constitute or imply support or endorsement of any kind. Stramel Media does
not control those web sites, is not responsible for their content or function,
and is not responsible for any loss or damage that may arise from your use of
them. If you decide to access the third party sites linked to this Platform,
you do so entirely at your own risk and subject to the terms and conditions of
use and the privacy notice for such sites. 21 . Disclaimer THE PLATFORM AND THE SERVICES OFFERED THROUGH IT ARE PROVIDED ON AN “AS IS”
AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF
NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE PLATFORM,
PLATFORM CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE PLATFORM
CONTENT, SERVICES OR PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR
SERVICES OFFERED WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF
ANY PLATFORM CONTENT OR SERVICES PURCHASED OR OBTAINED BY YOU FROM THE
PLATFORM, FROM US OR THE Stramel Media TEAM WILL MEET YOUR EXPECTATIONS OR
BE FREE FROM MISTAKES, ERRORS OR DEFECTS. YOU ACKNOWLEDGE THAT THE INTERNET AND TELECOMMUNICATIONS PROVIDERS’ NETWORKS
ARE INHERENTLY INSECURE. ACCORDINGLY, YOU AGREE WE ARE NOT LIABLE FOR ANY
CHANGES TO, INTERCEPTION OF, OR LOSS OF YOUR DATA WHILE IN TRANSIT VIA THE
INTERNET OR A TELECOMMUNICATIONS PROVIDER’S NETWORK. THIS PLATFORM COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR
TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE PLATFORM CONTENT AND SERVICES
ON OR THROUGH THE PLATFORM, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY
PRODUCTS OR SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR
PRODUCTS AVAILABLE ON THE PLATFORM MAY BE OUT OF DATE, AND WE MAKE NO
COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS. THE USE OF THE PLATFORM, THE SERVICES OR THE DOWNLOADING OR OTHER
ACQUISITION OF ANY PRODUCTS OR PLATFORM CONTENT THROUGH THE PLATFORM IS DONE AT
YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM SUCH ACTIVITIES. Through your use of the Platform, you may have the opportunities to engage
in commercial transactions with other users and vendors. You acknowledge that
all transactions relating to any products or services provided by YOUR OR any
third party, including, but not limited to the purchase terms, payment terms,
warranties, guarantees relating to such transactions, are solely between the
seller OR PURCHASER of such merchandise OR SERVICE and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD
PARTY, OR IN CONNECTION WITH THE PLATFORM, AND YOU UNDERSTAND AND AGREE THAT
SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS
PROVIDED IN CONNECTION WITH ANY SERVICES OR CONTENT AVAILABLE ON OR THROUGH THE
PLATFORM FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY
US OR THE Stramel Media TEAM. WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE PLATFORM,
INCLUDING ANY SERVICES OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE
TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE
SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN THE
PRICING STRUCTURE AND THE ADDITION OF FREE OR FEE-BASED SERVICES. ANY NEW
FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT SERVICES ON THIS PLATFORM
SHALL ALSO BE SUBJECT TO THESE TERMS OF SERVICE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE
CONSULT THE LAWS IN YOUR JURISDICTION 22 . Limitation of Liability, Indemnification, and Mitigation Your exclusive remedy and our entire liability, if any, for any claims
arising out of these Terms of Service and your use of the Platform or the
Services shall be limited to the amount you paid us for Services purchased on
the Platform during the three (3) month period before the act giving rise to
the liability. IN NO EVENT SHALL Stramel Media BE LIABLE TO YOU OR ANY THIRD PARTY FOR
ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY
KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING
FROM MALICIOUS CODE, LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF
LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM OR OF
ANY WEBSITE REFERENCED OR LINKED TO FROM THE PLATFORM. FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES AND/OR
STATEMENTS REGARDING OUR SERVICES OR CONTENT OR FOR ASSISTANCE IN CONDUCTING
COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THE PLATFORM, INCLUDING
WITHOUT LIMITATION THE PROCESSING OF ORDERS. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION. You agree to defend, indemnify, and hold harmless Stramel Media and the
Stramel Media Team against all demands, claims, actions, proceedings,
damages, liabilities, losses, fees, costs or expenses (including without
limitation reasonable attorneys’ fees and the costs of any investigation)
directly or indirectly arising from or in any way connected with your use of
the Platform or Services (“Claims”), including, but not limited to: (a) our use
of or reliance on information or data supplied or to be supplied by you, your
employees, agents, or Clients; (b) any breach of or default under these Terms
of Service by you, your employees, agents, or Clients; (c) the wrongful use or
possession of any Stramel Media property by you, your employees, agents,
or Clients; (d) any negligence, gross negligence or willful misconduct by you
or your employees, agents, or Clients; (e) misrepresentations by you, your
employees, agents, or Clients (f) violation(s) of applicable law by you, your
employees, agents, or Clients, (g) your actions and the actions of your
employees, agents, or Clients; (h) the acts or omissions of you, your
employees, agents, or Clients in connection with providing notice and obtaining
consents regarding the origination or content of the SMS or MMS messages, email
or other communications using the Services, (i) Taxes and other Fees and/or (j)
any disputes between (1) you and other users, (2) you and your Client(s),
and/or (3) your Clients. If any of the Services or Platform are, or in our opinion are likely to be,
claimed to violate any third-party intellectual property right, at our option
we may: (a) obtain the right for you to continue to use the Services and
Platform as contemplated by these Terms of Service; (b) modify or replace the
Services or Platform, in whole or in part, to seek to make the Services or
Platform non-infringing; or (c) require you to immediately cease any use of the
Services and Platform, including but not limited to the Stramel Media
platform. 23 . Limitation On Time To File Claims ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO
THESE TERMS OF SERVICE, THE PRIVACY NOTICE, OR THE PLATFORM MUST BE COMMENCED
WITHIN THREE (3) MONTHS AFTER THE EVENT GIVING RISE TO THE ACTION OR CLAIM
OCCURRED, REGARDLESS OF WHEN YOU KNEW OR SHOULD HAVE KNOWN ABOUT IT; OTHERWISE,
SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 24 . Injunctive Relief You agree that a breach of these Terms of Service will cause irreparable
injury to Stramel Media for which monetary damages would not be an
adequate remedy and Stramel Media shall be entitled to seek equitable
relief, in addition to any remedies it may have hereunder or at law, without
having to post a bond or other security. 25 . Waiver And Severability No waiver by Stramel Media of a term or condition set forth in these
Terms of Service shall be deemed a continuing waiver of such term or condition
or a waiver of any other term or condition. Any failure of Stramel Media
to assert a right or provision under these Terms of Service shall not
constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other
tribunal of competent jurisdiction to be invalid, illegal or unenforceable for
any reason, such provision shall be eliminated or limited to the minimum extent
such that the remaining provisions of the Terms of Service will continue in
full force and effect. 26 . Entire Agreement Except as noted below, these Terms of Service and our Privacy Notice
constitute the sole and entire agreement between you and Stramel Media
with respect to the Platform and supersede all prior and contemporaneous
understandings, agreements, representations and warranties, both written and
oral, with respect to the Platform. These Terms of Service may not be altered,
supplemented, or amended by the use of any other document(s). Stramel Media may enter into a separate agreement with you. The terms of
any separate agreement between you and Stramel Media will be considered a
part of your entire agreement with Stramel Media. To the extent there is a
conflict between these Terms of Service and the terms of your separate
agreement with Stramel Media, your separate agreement with Stramel Media will control. 27 . Term and Termination These Terms of Service will remain in full force and effect while you use
the Platform or subscribe to any Services. Even after you are no longer a user
of the Platform, those provisions of these Terms of Service that by their
nature are intended to survive will remain binding on you, including but not
limited to Sections 3, 7, 11, 14, 17, and 21 to 31 and the Privacy Notice. a. Grounds for Termination. You agree that Stramel Media, in its sole
discretion, may suspend or terminate your access to the Platform (or any part
thereof) for any reason, with or without notice, and without any liability to
you or to any third party for any claims, damages, costs or losses resulting
therefrom. Any suspected fraudulent, abusive or illegal activity may be grounds
for barring your access to this Platform, and reporting you to the proper
authorities, if necessary. b. No Right to Services Upon Termination. Upon termination and regardless of
the reason(s) motivating such termination, your right to use the Services
available on this Platform will immediately cease. We shall not be liable to
you or any third party for any claims for damages arising out of any
termination or suspension or any other actions taken by us in connection
therewith. c. How to Terminate or Make Adjustments. If you, for any reason, would like
to terminate your access to the Platform or make adjustments, Stramel Media requires written notice at least 30 days before your next billing date. e. No Termination by Third Party Users. Stramel Media has limited
access to subscriptions not directly purchased from us. Any user who has been
given access to the Platform by any party other than Stramel Media, must
contact the party who originally provided access to the Platform for any
inquiries related to termination. 28 . Applicable Law, Binding Arbitration, and Class Action Waiver PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO
AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL
ARBITRATION. The laws of the State of Texas will govern these Terms of Service and any
disputes under them, without giving effect to any principles of conflicts of
laws. Any controversy or claim arising out of or relating to these Terms of
Service shall be exclusively settled by arbitration administered by the
American Arbitration Association in accordance with Commercial Arbitration
Rules, then in effect. This arbitration provision is governed by the Federal
Arbitration Act. The arbitration proceedings shall be held in Dallas, Texas.
Any arbitration award may be entered in a court of competent jurisdiction. All claims and disputes within the scope of this arbitration agreement must
be arbitrated or litigated on an individual basis and not on a class basis.
Claims of more than one customer or user cannot be arbitrated or litigated
jointly or consolidated with those of any other customer or user. 29 . No Bug Bounties Stramel Media does not have a bug bounty program and does not pay bug
bounties. Stramel Media prohibits any third party access to the Platform
or any Stramel Media systems or networks, including any network
penetration testing, security assessment or probing, except as expressly
permitted by this Agreement or as agreed to by Stramel Media in a separate
agreement. 30 . Miscellaneous a. Your Privacy Obligations. When you provide access to the Platform to any
other parties, i.e. your Client(s), you must implement and enforce your own
privacy notice, providing the level of protection at least equal to that
provided to you by Stramel Media. You must obtain consent from your
Client(s), affirmatively acknowledging that your Client(s) agree(s) to be bound
by your privacy notice. b. International Use. Although the Platform may be accessible worldwide, we
make no representation that materials on the Platform are appropriate or
available for use in locations outside the United States. Those who choose to
access the Platform from other locations do so on their own initiative and at
their own risk. If you choose to access the Platform from outside the United
States, you are responsible for compliance with local laws in your
jurisdiction, including but not limited to, the taxation of products purchased
over the Internet. Any offer for any product, Services, and/or information made
in connection with the Platform is void where prohibited. c. Force Majeure. In addition to any excuse provided by applicable law, we
shall be excused from liability for non-delivery or delay in delivery of
products and/or Services available through the Platform arising from any event
beyond our reasonable control, whether or not foreseeable by either party,
including but not limited to: labor disturbance, war, fire, accident, adverse
weather, inability to secure transportation, governmental act or regulation,
and other causes or events beyond our reasonable control, whether or not
similar to those which are enumerated above. d. How to send Notices to Stramel Media. All notices to a party shall
be in writing and shall be made via email. Notices to Stramel Media must
be sent to the attention of Customer Service at [email protected] .
You agree to allow us to submit notices to you either through the email address
you provided when registering, or to any address we have on record. Notices are
effective on receipt. 31 . Communications and Contact Information Stramel Media may contact you regarding these Terms of Use or the
Privacy Notice using any Information you provide, or by any other means if you
do not provide contact Information. If you no longer wish to receive
communications from Stramel Media, you can click on the “unsubscribe link”
provided in such communications or contact us at [email protected] . When you enroll in the Service, you must designate a primary email address
that will be used for receiving electronic communication related to these Terms
of Use and the Service. Stramel Media will never send you an email
requesting confidential information such as account numbers, usernames, or
passwords, and you should never respond to any email requesting such
information. If you receive such an email purportedly from Stramel Media,
do not respond to the email and notify Stramel Media by emailing us at [email protected] . For all other feedback, comments, requests for technical support, and other
communications relating to the Platform, these Terms of Service, and the
Privacy Notice, please contact us at [email protected]
or by mail at: Stramel Media ATTN: Legal Department Bartlett Country EFFECTIVE DATE: 21st, March 2024
Stramel Media is the only comprehensive platform for customer experience that offers a range of products that scale with your business. Book a time to chat with a Product Specialist to see how Customer Reviews can help impact your business.
Our all-in-one platform streamlines essential business tools into a single platform, enabling you to work more efficiently and accelerate growth.
Our all-in-one platform streamlines essential business tools into a single platform, enabling you to work more efficiently and accelerate growth.
Stramel Media Copyright© 2025 All Rights Reserved | Privacy Policy | Terms Of Service | GDPR