Strayform Terms of Use

Prohibited Content and Activity

• No Advertising
• No Illegal Activity
• No Copyright Infringement
• No Activity against Community Standards
• No Fraudulent or Misleading Proposals
• No Hacking or Automated Use

* To protect our Users Strayform can investigate and take action against violators and possible violators, including but not limited to editing, deleting, banning, limiting access, to both your account and your information; returning, confiscating, or giving funds to other parties. Violators may be subject to legal action from Strayform and or other members.

Proposals and Pledges

Proposals are a contract between pledgers and proposing artists in which Strayform is only a facilitator. Strayform cannot guarantee proper action of either party or the quality or validity of products. Both parties agree to indemnify Strayform from damages and legal action that may occur as a result of a Proposal or other action taken on Strayform. Disputes are between Artist and Pledgers. During disputes and in creating the rules of the system Strayform attempts to balance rights and benefits of both artists and pledgers.

Pledges can be canceled and funds returned anytime before the artist accepts. Accepted pledge funds are only returned to pledgers if the artist cancels, or more than 50% of the pledgers accounting for 50% of the pledge funds for a proposal complain or if the artist is found to be in violation. Funds will not be returned for individual complaints.
Since tastes vary dramatically complaints cannot be made for qualitative reasons.
Complaints may only be made for:

• unauthorized use of copyrighted material
• illegal or offensive media
• fraud, deceit, clear violation of proposal stipulations
• lack of a best attempts effort to meet proposal stipulations.

Warranty and Legal Info

By using Strayform you agree to this Terms of Use and our Privacy Policy. Use of this web system is at your own risk. This web system only facilitates user transactions and communications; you agree not to hold us liable. The jurisdiction for litigation is Dallas, Texas.

Prohibited Content and Activity

Strayform at its sole discretion reserves the right to investigate and take action against violators and suspected violators including but not limited to editing, removing, and banning member and member’s associated content and legal action. Prohibited Activity includes, but is not limited to:

Copyright Violation

• trading, selling, uploading, linking to, downloading or inclusion in a proposal of illegal or unauthorized copy of another person's copyrighted work
• uploading a image, video, or audio of another person without that person's consent

Offensive

• is patently offensive or promotes bigotry, hatred or physical harm of any kind against any group or individual;
• contains nudity, violence, or offensive subject matter or contains a link to such material;

Impersonation

• attempting to impersonate another Member or person;
• selling, transferring, or permitting any third party to access your profile;
• using the account, username, or password of another Member;
• soliciting passwords or personal identifying information for commercial or unlawful purposes from other Users;

Illegal Use

• using Strayform in a manner inconsistent with any and all applicable laws and regulations.
• using any information obtained from Strayform in order to commit criminal or tortious activity
• Improper System Use
• any automated use of the system, such as using scripts
• interfering with, disrupting, or creating an undue burden on the Strayform or the networks or services connected to the Strayform;

Advertising

• transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
• involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
• displaying an advertisement in any page you control.
• accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through Strayform on behalf of that person other than Proposals,
• placing commercial content on your profile, posting blogs or bulletins with a commercial purpose,
• sending private messages with a commercial purpose; or advertising to, or solicitation of, any Member to buy or sell any products or services through the Strayform.
• use any information obtained from Strayform in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.

* In order to protect our Members from such advertising or solicitation, Strayform reserves the right to restrict the number of messages and posts which a Member may send to other Members in any 24-hour period to a number which STRAYFORM.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Strayform, you acknowledge that you will have caused substantial harm to Strayform, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Strayform $10 for each such unsolicited email or other unsolicited communication you send through Strayform.

Proposals and Pledges

Proposals are a contract between the proposing artist and those members that pledge money on a proposal. This contract is accepted only when one or more members have pledged money (without canceling it) AND an artist accepts the pledge. The proposal contract consists primarily of the details of the proposal and these terms of use, and secondarily of communications and promises listed on the proposal pages, and to lesser degree additional communications made through Strayform and external media.

Strayform and its employees, managers, equity holders, subsidiaries, and contractors only provide a platform to handle these transactions and are not a participant in these transactions. Strayform tries its best to eliminate fraud and reduce the risk for both the Members and the Artists makes no guarantees the actions of any party or quality of products. Strayform is not obligated, but may attempt to assist in disputes or errors; you agree not to hold Strayform liable for outcomes or for Strayform’s assistance.

Completing a transaction using material that you are not the copyright holder of or, failing to make a best efforts attempt to deliver what is promised in the Proposal, including its details, blogs, discussions, and all other communication with pledgers is fraud and may be punished accordingly. In order to provide a safe environment for pledgers, all artists agree that in the event of a dispute Strayform has the right to return pledges to the pledging members as long as Strayform allows the Artist to remove the media included in the proposal from the site, even if downloads of the file have already occurred. In some cases the media may be distributed through other means, including but not limited to file sharing networks, separate internet sites, and other external means. Strayform is not responsible and is not liable for these distributions. If an Artist is paid for the production of media through a proposal the artist may not restrict access to those who pledged by removing it from the site, thus in these cases this functionality will be removed, otherwise an artist is free to add and remove media.

Pledges can be canceled and funds returned anytime before the artist accepts. Accepted pledge funds are only returned to pledgers if the artist cancels, or more than 50% of the pledgers accounting for 50% of the pledge funds for a proposal complain or if the artist is found to be in violation. Funds will not be returned for individual complaints. Since tastes vary dramatically complaints cannot be made for qualitative reasons. Complaints may only be made for:

• unauthorized use of copyrighted material
• illegal or offensive media
• fraud, deceit, clear violation of
• lack of a best attempts effort to meet proposal stipulations.

Following the uploading of the specified media and Finishing the proposal by clicking on the Finish button on the Proposal administration page. The Proposal enters a verification phase, during this time Strayform may attempt to verify and members may rate and lodge complaints about the proposal and its associated media. This period lasts 10 days after which the proposal is eligible for payment. Payment will be made in a timely fashion, with most payments processed on the Friday following the end of the verification period. Currently payments may only be made to Artists with active PayPal accounts with information properly listed in there Artist Profile. Should there be no account or should account information not be properly listed Strayform will be not be able to pay the artist and the artist will forfeit pledges funds if the artist does not remedy the situation in a timely manner. Strayform is not responsible for distribution of funds to Artist accounts with multiple members. After payment is made to the account specified in the Artist account, distribution is solely the responsibility of Artist and Strayform will not get involved. *Individuals involved in an artist account please have appropriate agreements in place before creating a proposal.

Warranty and Legal Info

YOU AGREE THAT YOUR USE OF THE STRAYFORM WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, STRAYFORM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF.

STRAYFORM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE STRAYFORM WEBSITE. STRAYFORM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE STRAYFORM WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND STRAYFORM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

IN NO EVENT SHALL STRAYFORM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE STRAYFORM WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

This Agreement does not create a relationship of agency, partnership, or representation between Strayform and you for any purpose whatsoever, it being understood between the parties hereto that Strayform.com, Members, and Artists are to act as an independent contractors and are not authorized to make any contract, agreement, warranty or representation on behalf of each other.

The failure of Strayform to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This defense and indemnification obligation will survive these Terms of Service and your use of the Strayform Website. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. You agree that: (i) the Strayform Exchange website shall be deemed solely based in Texas; and (ii) the Strayform Exchange website shall be deemed a passive website that does not give rise to personal jurisdiction over Strayform, either specific or general, in jurisdictions other than Texas. These Terms of Service shall be governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. Any claim or dispute between you and Strayform that arises in whole or in part from the Strayform Exchange website shall be decided exclusively by a court of competent jurisdiction located in Dallas County, Texas.

These Terms of Service, together with the Privacy Policy and any other legal notices published by Strayform on the Website, shall constitute the entire agreement between you and Strayform concerning the Strayform Exchange website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. You and Strayform Agree that any cause of action arising out of or related to the Strayform website must commence within one (1) year after the caues of action accrues. Otherwise such cause of action is permenently barred. Strayform reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes.

You must comply with all applicable laws, statutes, ordinances and regulations regarding: (i) your use of the Web Site and the Services and any Other Services provided thereby or therein; (ii) your posting of, proposals, requests, and media, if applicable; and (iii) the posting and retrieval of information by you, including without limitation those governing antitrust, unfair competition, false advertising, taxation and export control. You are responsible for paying all applicable fees and taxes you incur in connection with access to our servers and our Web Site. You do not have the right to assign or transfer this Agreement or any rights hereunder to any other person or entity without our prior written consent.