Welcome to Strawbees Terms of Service

6.1 Strawbees IP

Except for user-generated content, all other content that you find on our Services are owned or controlled by us or our licensors. This includes, but is not limited to, all text, graphics, photographs, logos, and other imagery, videos, user interfaces, trademarks, computer code, and other content of our Site, Apps and other Services (collectively “the Strawbees IP”). This also includes the design, structure, coordination, arrangement, expression, and the “look and feel” of Site and Apps. Our Site, Apps, and the content within our Services are protected by copyright, trademarks, trade dress, trade secret, and other intellectual property rights.

Except for material that we specifically identify as shareable, you may not use, reproduce, copy, modify, republish, perform, display, disassemble, reverse engineer, translate, or distribute any Strawbees IP in any way to any person, computer, server, website, or other entity without our explicit permission. This means that you can’t sell, license, rent, use in your own business or website, incorporate into marketing materials or presentations, or make other commercial use of any Strawbees IP. In addition, you must not use our trademarks or logos to label, promote, or endorse any product or service. You may use the Strawbees and Strawbees Classroom names only to refer to our Services.

6.2 Digital Millennium Copyright Act (DMCA)

If you are a copyright holder and believe that content on our Services violates your rights, you may send a DMCA notification to support@strawbees.com. For more information, including the information that must be included in a DMCA notification, see the text of the DMCA, 17 U.S.C. § 512.

If you are a user and you believe that your content did not constitute a copyright violation and was taken down in error, you may send a notification to support@strawbees.com. Please include: Your name and email address; the specific content you believe was taken down in error; and a brief statement of why you believe there was no copyright violation (e.g., the content was not copyrighted, you had permission to use the content, or your use of the content was a “fair use”).

You agree to indemnify, defend, and hold harmless Strawbees, its employees, officers, directors, agents, and affiliates from and against all costs, expenses, damages, judgments, and liabilities (including reasonable attorneys’ fees) resulting from allegations, threats, claims, suits, or other proceedings brought by third parties related to your use or misuse of our Services, including but not limited to any breach of these Terms, violation of any federal, state, or local law, and infringement of someone else’s intellectual property, privacy, publicity, or other rights.

8.1 Our Services

We work hard to ensure that our Services are always available and working properly, but disruptions do occur from time to time and we can’t guarantee that any or all features will always work, or that our Services will be continuously available.

We are constantly working to improve our Services for all of our users. We may update or change available functionality at any time. We make no guarantees to users respecting the findability or searchability of any Resource or other content offered through our Services.

YOU AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. STRAWBEES (INCLUDING ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND AFFILIATES) DISCLAIMS ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO YOUR USE OF THE SERVICES OR CONTENT AVAILABLE ON THE SERVICES. We make no guarantees respecting the availability of the Services, the security of the Services at any particular time or from any particular location, the correction of any defects or errors, the existence of any viruses or other harmful materials, or any other guarantees.

YOU AGREE THAT STRAWBEES (INCLUDING ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND AFFILIATES) SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, including, but not limited to, damages for loss of profits, goodwill, reputation, use, data, or other intangible losses, resulting from: (i) the access to, use, or the inability to access or use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) any other matter relating to the Services.

Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you. If you are a resident of such a jurisdiction, Strawbees’ liability to you or any third party shall be limited to (a) the total amounts paid by you to Strawbees during the twelve (12) months prior to the claim or action allegedly giving rise to such liability, or (b) one hundred dollars ($100.00 USD), whichever is the lesser amount.

8.2 Content

The content available on the Services does not reflect the opinions or the official policy or position of Strawbees. Strawbees makes no representations or warranties as to the quality, accuracy, effectiveness, legality, appropriateness, or other aspects of any content.

8.3 Other Users

You may have the ability to communicate, interact, or otherwise connect with other users through our Services. It’s your responsibility to take precautions when sharing any information about yourself with another user or anyone else, and you release Strawbees from any liability that may arise out of your interactions with another user of our Services.

8.4 Third-Party Services

The Services may link to other websites, or use other services or resources on the Internet in conjunction with our Service (“Third Party Services”), and Third Party Services may contain links to the Services. When you access Third Party Services, you do so at your own risk. Third-Party Services are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of such Third Party Services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such Third Party Service.

8.5 Communication

Strawbees reserves the right to communicate with you regarding your use of the Services, and also for marketing purposes. See our Privacy Policy for information about opting out of certain communications. Notwithstanding the aforementioned, Strawbees reserves the right to communicate with the users via email regarding specific orders, requests, or inquiries from the users that are related to the Services.

We may change these Terms from time to time. Whenever the changes we’re making are material to you, we’ll attempt to notify you before those changes go into effect so that you can choose whether or not to continue using our Services. To notify you, we may send a message to the email address we have for your Account, we may post notifications on our Services, or we may use other communication methods to reach you. We also may make changes to our Privacy Policy, Community Guidelines, or any other policies apply to your use of the Services. The notice will include the date on which the changes will be effective. Continuing to use our Services after the changes go into effect serves as your acceptance of the changes.

10.1 Jurisdiction

We offer our Services from our facilities and those of our service providers in Sweden and the United States. We make no representations that our Services are appropriate or available for use in other locations. Those who access or use our Services are responsible for compliance with local law.

10.2 Disputes and Governing Law

If you have a concern or problem with our Services, we want to address your concerns without needing a formal legal case. Before initiating any formal claim or proceeding against us, you agree to try to resolve the dispute informally by sending a written notice of the dispute to legal@strawbees.com. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Strawbees may bring a formal proceeding.

Any dispute, controversy, or claim, whether in contract or in tort or otherwise, arising out of or in connection with the Terms and/or the Services provided hereunder, or the breach, termination or invalidity thereof, shall be exclusively and finally settled by binding arbitration. YOU UNDERSTAND AND AGREE THAT, BY ACCEPTING THESE TERMS, YOU WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

If you are an individual resident of, or a legal entity formed under the laws of, the United States, then these Terms shall be governed by and construed in accordance with the substantive laws of the state of New York, without regard to its principles of conflict of laws, and any arbitration will be settled under the Federal Arbitration Act and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA using a single arbitrator. The applicable rules are available at www.adr.org, by calling the AAA at 1-800-778-7879. The place of the arbitration will be New York City, New York. If this arbitration requirement is found to be unenforceable, then it will be null and void and all disputes will be subject to the exclusive jurisdiction of the courts located in New York City, New York, and you and we agree to the exclusive jurisdiction of such courts.

If the previous paragraph does not apply to you, then these Terms shall be governed by and construed in accordance with the substantive laws of Sweden, without regard to its principles of conflict of laws, and any arbitration will be settled under the Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce, unless the Arbitration Institute, taking into account the complexity of the case, the amount in dispute and other circumstances, determines, in its discretion, that the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply. In the latter case, the Arbitration Institute shall also decide whether the arbitral tribunal shall be composed of one or three arbitrators, to be appointed by the Arbitration Institute. The place of arbitration shall be Stockholm, Sweden.

Regardless of your location, the language to be used in the proceedings shall be English. Confidentiality shall apply to the arbitral proceedings and any information disclosed or decision or arbitral award made or declared during such proceedings. Each party will bear its own costs of the arbitration.

10.3 Choice of Language

If we provide you with a translation of these Terms, the Privacy Policy, or any other policy into another language, then you agree that the translation is provided for informational purposes only and does not modify the English language version. In the event of a conflict between a translation and the English version, the English version will govern.

10.4 No Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

10.5 Severability

If any part of these Terms is deemed invalid, unenforceable, or illegal, that part which is unenforceable is severed from the Terms and will have no impact on the enforceability of the remainder of these Terms.

The following provisions survive if you cease using one of our Services or if your Account is closed for any reason:

• Intellectual Property Rights. You still have to respect our intellectual property rights as described in Section 6, and if you’ve posted content, the content is still subject to Section 4.
• Privacy Policy. Section 5 of these Terms and the terms of our Privacy Policy continue to apply.
• Warranty Disclaimer, Limitation of Liability, and Indemnity. (Section 7 and Section 8.)
• Other Terms. (Section 10.)