Striv: Agreement and Terms of Service for NebPreps

Last Updated: October 8, 2018

Welcome to NebPreps.com.   Striv, Inc. provides this NebPreps website for individuals, journalists, newspapers, companies, schools, school districts and other organizations to enjoy and build community through photos, videos, writings, and other story mediums (“Media”) around prep sports and other related stories (the “Services”).  The following are the terms and conditions for use of the Services by the person or persons accessing the website or finding the Media through other apps or services (the “User”). Please read these Terms of Service (“Terms” or “Agreement”) carefully before using this website operated by Striv, Inc. (“us”, “We”, “Striv”, “our”).

Your access to and use of the website and Services is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access this site or use the products or services offered by Striv.

BY ACCESSING AND USING THE SERVICES IN ANY MANNER, YOU ARE “ACCEPTING” AND AGREEING TO BE BOUND BY THESE TERMS OF SERVICE TO THE EXCLUSION OF ALL OTHER TERMS. IF YOU DO NOT UNCONDITIONALLY ACCEPT THESE TERMS IN THEIR ENTIRETY, YOU SHALL NOT (AND SHALL HAVE NO RIGHT TO) ACCESS OR USE THE SERVICES. THESE TERMS SHOULD BE READ IN CONJUNCTION WITH THE PRIVACY POLICY AND ANY USE OR OTHER AGREEMENT(S) FOR THE SERVICES OR PRODUCTS OFFERED.

Wherever used in these Terms of Service, “You”, “Your”, “User”, or similar terms means the person or legal entity accessing or using the Services.  If You are accessing and/or using the Services on behalf of yourself, others, a school, company, or organization (such as Your employer) or other legal entity, You will be binding such entity and You represent and warrant that You have the authority to bind any person(s), organization, school, company or other legal entity to these Terms of Service.

We reserve the right, at any time, to update and change any or all of these Terms of Service, in our sole discretion, including, but not limited to, the scope of services and fees and charges, if any, associated with the use of the Services. If We do so, We will post the modified Terms of Service on this site.  Continued use of the Services after any changes have been made shall constitute Your consent to such changes and any updated version of these Terms of Service. You are responsible for regularly reviewing the most current version of these Terms of Service, which are currently available at: www.nebpreps.com. When We change these Terms of Service, We will modify the “Last Updated” date above.

FAIR USE POLICY.  Striv may suspend Your access to the Services for abusive practices that degrade the performance of the Services for You and/or other Users of Striv.

NON-EXCLUSIVITY.  You acknowledge that the rights granted to You under this Agreement are non-exclusive and that nothing in this Agreement will be interpreted or construed to prohibit or in any way restrict Striv’s right to license, sell, or otherwise make available the Services to any third party or perform any Services for any third party.

INDEMNIFICATION.  You agree to indemnify, defend, and hold harmless Striv from any and all claims, liabilities, expenses, and damages, including without limitation, interest, penalties, court costs, attorney’s fees and expenses made or pursued by any third party related to, resulting from, or arising out of: (i) the content You or any of Your users post on Your social media accounts through use of the Striv platform; (ii) Your use or attempted use of the Services in violation of these Terms; (iii) Your violation of any law or rights of any third party; or (iv) the breach by You of any of the terms and conditions of the Agreement.  Your obligations under this paragraph shall survive the termination of the Agreement.

NOTICE.  By signing up for email list information and using these Services or communicating with Striv, You agree that Striv may communicate with You electronically regarding security, privacy, and administrative issues relating to Your use of the Services or these Terms.  If Striv learns of a security system’s breach, Striv may attempt to notify You electronically by posting a notice through the Services or sending an email to You at the email address used if you sign up for receiving notices or further information.  You may have a legal right to receive this notice in writing, subject to the Privacy Policy.  Notice will be deemed given twenty-four hours after email is sent, unless the sending party is notified that the email address is invalid.  

REGISTRATION.  Content Providers are selected by Striv and permitted access to send and upload content to Striv for potential use with the Services.  Content Providers will need to register with Striv and obtain an account and access.  When You register, the information You provide to Striv during the registration process will help Striv in offering content, User service, and other services and are subject to the terms of the Privacy Policy.   You are solely responsible for maintaining the confidentiality of Your account, UserName, and password (collectively, “Your”Account, aka “My Account”) and for all activities associated with or occurring under Your Account.  You represent and warrant that Your Account information will be accurate at all times.  To the extent permissible under applicable law, We cannot and will not be responsible for any loss or damage arising from Your failure to comply with the foregoing requirements or as a result of use of Your Account, either with or without Your knowledge, prior to Your notifying Striv of unauthorized access to Your Account.

You may not transfer Your Account to any other person and You may not use anyone else’s Account at any time without the permission of the Account holder.  In cases where You have authorized or registered another individual, including a minor, to use Your Account, You are fully responsible for (i) the online conduct of such Student and other user; (ii) controlling that Student’s access to and use of the Services; and (iii) the consequences of any misuse.

INTELLECTUAL PROPERTY RIGHTS.  As between You and Striv, Striv retains all right, title, and interest in and to the Services, including its trademarks and other products and services, it owns and associated with its business, any related companies, and NebPreps. Nothing herein shall be construed to restrict, impair, encumber, alter, deprive, or adversely affect the Services or any of Striv’s rights or interests therein or any other Striv intellectual property, brands, information, content, processes, methodologies, products, goods, services, materials, or rights, tangible or intangible. All rights, title, and interest in and to the Services not expressly granted in this Agreement are reserved by Striv. You may from time to time provide suggestions, comments or other feedback to Striv with respect to the Services (“Feedback”). Feedback, even if designated as confidential by You, shall not create any confidentiality obligation for Striv notwithstanding anything else. You shall, and hereby do, grant to Striv a non-exclusive, worldwide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, fully paid-up license to use and exploit the Media and any content you submit and/or provide on this site and the Feedback for any purpose.

All copyrights related to available Media posted by Content Providers and any other third parties are retained by the respective content producers and contributors of Media displayed on www.nebpreps.com or associated social media or any site(s) owned or authorized by Striv.  You acknowledge that all right, title, and interest in and to the Media, including without limitation, any and all trademark, copyright, and any other intellectual property rights therein remain with the Content Providers and contributors and nothing contained herein shall be construed to convey any rights or proprietary interest in the Media other than the rights granted to Striv herein.  Your use by sharing or reposting of the Media bounds you by the copyright laws of the United States and international copyright treaties and You will acknowledge the source as NebPreps or Striv and the respective Content Producer or contributor, the respective Media reference, and any other information or metadata that is embedded in the electronic file that comprises any Media that you have downloaded or otherwise received from NebPreps and/or Striv.  All contents of the Service are subject to and under copyright ownership by Striv.  You will immediately notify Striv is you become aware of or suspect that any third party has gained access to the Media through you, is wrongfully using the Media, in whole or in part or is violating any of Striv’s intellectual property rights.  You should direct reports, questions, and inquiries regarding these actions to nebpreps@striv.tv.

2.  Reporting Claims of Copyright Infringement of Your Copyright Material.  Striv respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask Users to do the same.

The Digital Millenium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law.  If you believe in good faith that Media or any other wise recognized content hosted by the Services infringes your copyright, you (or your agent) may send Striv a notice requesting that the content or Media be removed or access to it blocked.

The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) 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); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Striv to locate the content or material within the Services; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the content or material in a manner complained of is not authorized by the copyright owner, its agent or the law; and (f) 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.  If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice and sets forth subsequent and additional procedures and protections.  Notices and counter-notices must meet the then-current statutory requirement imposed by the DMCA. 

Notices and counter-notices with respect to the Services should be sent to:

Taylor Siebert
NebPreps c/o Striv, Inc.
PO. Box 385
Henderson, NE 68371
nebpreps@striv.tv

DISCLAIMERS.  THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED.   STRIV SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OR DEALING OR USAGE OF TRADE.  STRIV FURTHER DISCLAIMS ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT.  YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.

LIMITATION OF LIABILITY.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, STRIV SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN STRIV, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION.  IN NO EVENT SHALL STRIV’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED TWENTY U.S. DOLLARS ($20) OR THE TOTAL AMOUNT OF FEES RECEIVED BY STRIV FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST SIX MONTHS, WHICHEVER IS GREATER. 

YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF SERVICE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND STRIV, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO STRIV’S ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.

YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.  OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

JURISDICTION & GOVERNING LAW; RESOLUTION OF CLAIMS AND DISPUTES.  This website is owned and operated from offices located in Henderson, Nebraska.  Regardless of the place of execution, this Agreement shall be deemed to be an agreement made in Henderson, NE, fully performed in Henderson, NE, and the laws of the State of Nebraska shall govern this agreement without regard to the principles of conflicts of laws.  User expressly waives any presumption or rule, if any, which requires this Agreement to be construed against Striv.  Since our goal is to seek to resolve any disagreements in a manner which preserve a relationship with You, any claims or disputes arising from or related to this Agreement shall be settled by mediation and, if necessary, legally binding arbitration in Henderson, NE in accordance with the Rules of Procedure for Christian Conciliation of the Institute for Christian Conciliation (a division of Peacemaker Ministries) (available here: http://peacemaker.net/rules-of-procedure/ ).  Judgment upon an arbitration decision may be entered in any court otherwise having jurisdiction.  The parties understand that these methods shall be the sole remedy for any controversy or claim arising out of this Agreement and expressly waive their right to file a lawsuit in any civil court against one another for such disputes, except to enforce an the mandatory arbitration provision of this Agreement or to enforce an arbitration decision.

GENERAL TERMS.  If any portion of this Agreement shall be held to be illegal, invalid, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.  In lieu of each such illegal, invalid, or unenforceable provision, there shall be added automatically as part of this Agreement a provision as similar to such former provision as shall be legal, valid, and enforceable, if possible, and such provision shall be applied.  The provisions of this Agreement shall apply to, bind and inure to the benefit of Striv and User and their respective successors, legal representatives, or assigns.

NOTICE FOR CALIFORNIA USERS.  Under California Civil Code Section 1789.3, California websites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210.