STORYCLOUD TERMS OF SERVICE
Version 2.1. Last Revised: March 11, 2016
WELCOME TO STORYCLOUD!
These Terms of Service (“Terms”) are a legal contract between You and StoryCloud, Inc. ("Us" or "Our" or "We") and govern Your use of all the text, data, information, software, graphics, photographs and more (all of which We refer to as “Materials”) that We make available to You, as well as Your use of any services (“Services”) that We may provide through any of Our websites, and any software that we provide to you that allows you to access the Services from a mobile device (a "Mobile Application"). Unless otherwise stated in these Terms, references to the “Site” include all of Our websites and portals, Our Mobile Applications and all Our Services and Products. READ THESE TERMS CAREFULLY BEFORE BROWSING OR USING ANY PART OF THE SITE. USING THIS SITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THE SITE IF YOU DO NOT ACCEPT THESE TERMS.
We may alter the Site and the Materials and/or may choose to modify, suspend or discontinue the Site at any time and without notifying You. We may also change, update, add or remove provisions (collectively, “modifications”) of these Terms from time to time. We promise to inform You of any modifications to these Terms by posting them on the Site. If You object to any such modifications, Your sole recourse shall be to cease using the Site. Continued use of the Site following notice of any such modifications indicates You acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the Site. These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.
In these Terms we are granting You a limited, non-exclusive and non-transferable license to use and to display the Materials and access and use the Our websites, portals and Services; Your right to use the Site and Materials is conditioned on Your compliance with these Terms. You have no other rights in the Site or any Materials or User Submissions, and You may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit the Site or Materials in any manner. If You make copies of any of the Materials or any other Site content, We ask that You be sure to keep on the copies all of Our copyright and other proprietary notices as they appear on the Site. Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms. If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Us and Our affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees. Unfortunately, if You breach any of these Terms the above license will terminate automatically and You must immediately destroy any downloaded or printed materials (and any copies thereof).
We may make available Mobile Applications as one way to access the Site other than through a computer. To use the Mobile Application You must have a device that is compatible with the Mobile Application. We do not warrant that the Mobile Application will be compatible with Your device. We hereby grant to You a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one device owned or leased solely by You, for Your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that We may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that You are using on Your mobile device. You consent to such automatic upgrading on Your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and We and Our third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to Your use of the Mobile Application. The following additional terms and conditions apply with respect to any Mobile Application that We provide to You designed for use on an Apple iOS-powered device (an “iOS App”): You acknowledge that these Terms are between You and Us only, and not with Apple, Inc. (“Apple”). Your use of Our iOS App must comply with Apple’s then-current App Store Terms of Service. We, and not Apple, are solely responsible for Our iOS App and the Services and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to Our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to Our iOS App. You agree that We, and not Apple, are responsible for addressing any claims by You or any third-party relating to Our iOS App or Your possession and/or use of Our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to Us as provider of the iOS App. You agree that We, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to Our iOS App or Your possession and use of Our iOS App. You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties. You agree to comply with all applicable third-party terms of agreement when using Our iOS App (e.g., You must not be in violation of Your wireless data service terms of agreement when using the iOS App). The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to Your license of Our iOS App. Upon Your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against You as they relate to Your license of the iOS App as a third-party beneficiary thereof. The following additional terms and conditions apply with respect to any Mobile Application that We provide to You designed for use on an Android-powered device (an “Android App”): You acknowledge that these Terms are between You and Us only, and not with Google, Inc. (“Google”). Your use of Our Android App must comply with Google’s then-current Android Market Terms of Service. Google is only a provider of the Android Market where You obtained the Android App. We, and not Google, are solely responsible for Our Android App and the Services and Content available thereon. Google has no obligation or liability to You with respect to Our Android App or these Terms. You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to Our Android App. We may elect to provide you with support or modifications for the Mobile Applications ("Support"), in Our sole discretion, and We may change, reduce or terminate such Support at any time without notice to you. We reserve the right to charge fees for Support.
USING THE SITE.
We appreciate You visiting the Site and allow You to do just that – stop by and check it out – without even registering with Us! You can even use many of the Services that are available. However, to use certain Services and Materials offered on and through the Site, You must successfully register an account with Us. If You want an account with Us, You must submit the required information through the account registration page on the Site:
We may also give you an opportunity to provide additional, optional information so that We can provide You a more customized experience when using the Site – but, We will leave that decision with You. Once You submit the required registration information, We alone will determine whether or not to approve Your proposed account. If approved, You will be sent an e-mail detailing how to complete Your registration. For so long as You use the account, You agree to provide true, accurate, current, and complete information which can be accomplished by logging into Your account and making relevant changes directly or contacting Us using the below contact information and We can make the changes for You. And, if You forget Your password – no worries, as We will happily send a password update to Your provided email address. You are responsible for complying with these Terms when You access the Site or any part of the Site, whether directly or through any account that You may setup through or on the Site. Because it is Your account, it is Your job to obtain and maintain all equipment and services needed for access to and use of This Site as well as paying related charges. It is also Your responsibility to maintain the confidentiality of Your password(s), including any password of a third-party site that We may allow You to use to access the Site. Should You believe Your password or security for this Site has been breached in any way, You must immediately notify Us
By registering for an account with Us, You will create a StoryCloud Account with access to certain password-restricted areas of the Site and to use certain Services and Materials offered on and through the Site. Each StoryCloud Account and the rights and privileges provided is personal and non-transferable. All sales and payments of account fees (if any) will be in US Dollars.
The fee that We will charge You for Your StoryCloud Account will be the price posted on the Site on the date that You register. Although we do not charge any fees now, We reserve the right to charge fees in the future and to change prices for accounts at any time. We do not provide price protection or refunds in the event of promotions or price decreases. The fee that We will charge You for Your StoryCloud Account will be the price posted on the Site on the date that You register. All sales and payments of account fees (if any) will be in US Dollars.
You are liable for paying any and all applicable sales and use taxes for the purchase of Your account based on the mailing address that You provide when You register.
You agree to pay all applicable fees related to Your use of the Site and Our Services which are described fully on the Site. We may suspend or terminate Your account and/or access to Our Services and the Site if Your payment is late and/or Your offered payment method (e.g., credit card or PayPal account) cannot be processed. By providing a payment method, You expressly authorize Us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on Your particular account and utilized services. We understand that You might cancel Your account, but please know that We will not provide any refund(s) and You will be responsible for paying any balance due on the account. To make things less complicated, You agree that We may charge any unpaid fees to Your provided payment method and/or send You a bill for such unpaid fees.
LINKS TO THIRD-PARTY SITES.
We think links are convenient, and We sometimes provide links on his Site to third-party websites. If You use these links, You will leave the Site. We are not obligated to review any third-party websites that You link to from the Site, We do not control any of the third-party websites, and We are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, We do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If You decide to access any of the third-party websites linked to from the Site, You do this entirely at Your own risk and You must follow the privacy policies and terms and conditions for those third-party websites. Certain areas of the Site may allow You to interact and/or conduct transactions with one or more third-party websites, and, if applicable, allow you to configure your privacy settings in that third-party website account to permit Your activities on the Site to be shared with Your contacts in your third-party site account.
The Site permits You to submit feedback, and to upload information, images, text, software, messages, or other materials for general posting or for sharing with specific recipients You identify (each, a "User Submission"). You agree that You are solely responsible for all of Your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Further, We do not guarantee that You will be able to edit or delete any User Submission You have submitted. By submitting any User Submission, You are promising Us that: You own all rights in Your User Submissions (including, without limitation, all rights to the reproduction and display of Your User Submissions) or, alternatively, You have acquired all necessary rights in Your User Submissions to enable You to grant to Us the rights in Your User Submissions as described in these Terms; You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of Your User Submissions; Your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party; You voluntarily agree to waive all "moral rights" that You may have in Your User Submission; Any information contained in Your User Submission is not known by You to be false, inaccurate, or misleading; Your User Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising); Your User Submission is not, and may not be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy; You were not and will not be compensated or granted any consideration by any third party for submitting Your User Submission; Your User Submission does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than Your own); Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files; Your User Submission does not contain any information that You consider confidential, proprietary, or personal; and Your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
By submitting a User Submission, You grant to Us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to: Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display Your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed; Display advertisements in connection with Your User Submissions and to use Your User Submissions for advertising and promotional purposes.
We may, but are not obligated to, pre-screen or investigate User Submissions or monitor any area of the Site through which User Submissions may be submitted. We are not required to host, display, or distribute any User Submissions on or through the Site and may remove at any time or refuse any User Submissions for any reason. We are not responsible for any loss, theft, or damage of any kind to any User Submissions. Further, You agree that We may freely disclose Your User Submission to any third party absent any obligation of confidence on the part of the recipient.
To be clear, We authorize Your use of the Site only for the purposes set forth in these Terms. Any other use of the Site beyond the permitted purposes is prohibited and, therefore, constitutes unauthorized use of the Site. This is because as between You and Us, all rights in the Site remain Our property. Unauthorized use of the Site may result in violation of various United States and international copyright laws. Because We prefer keeping this relationship drama-free, so When using this Site, you agree to abide by common standards of etiquette and act in accordance with the law. For example, you agree not to do the following: Act in a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of the Site; Act in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law; To stalk, harass, threaten, intimidate or harm another individual; To impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity; To interfere with or disrupt the Site or servers or networks connected to the Site; To use any data mining, robots, or similar data gathering or extraction methods in connection with the Site; or Attempt to gain unauthorized access to any portion of the Site or any other accounts, computer systems, or networks connected to the Site, whether through hacking, password mining, or any other means.
Remember, these are examples only and the list above is not a complete list of everything that You are not permitted to do.
You agree to indemnify and hold Us and our officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) that we suffer in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of this Site or the use of this Site by any person using your user name and/or password violates any applicable law or regulation, or a third party’s copyrights, trademark rights or other rights. This means that You agree to hire attorneys we choose to defend Us if You violate these Terms and that violation results in a problem for Us. You also agree to pay any damages that We may end up having to pay as a result of Your violation. You alone are responsible for any violation of these Terms by You. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and, in such case, You agree to cooperate with Our defense of such claim.
You also release, waive, discharge and promise not to sue or bring any claim of any type against Us for any loss, damage or injury relating in any way to the Site or any part thereof. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” IF YOU ARE A RESIDENT OF ANOTHER JURISDICTION, YOU WAIVE ANY COMPARABLE STATUTE OR DOCTRINE. PROPRIETARY RIGHTS."StoryCloud", “StoryCloud and Design”, “Phickle”, “MinderPro”, “It’s Your Digital Life. Own it” are trademarks that belong to Us. Other trademarks, names and logos on the Site are the property of their respective owners. Unless otherwise specified in these Terms, all Materials, including the arrangement of them on the Site are Our sole property. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
INTELLECTUAL PROPERTY INFRINGEMENT.
We respect the intellectual property rights of others and encourage You to do the same. Accordingly, We have a policy of removing User Submissions that violate intellectual property rights of others, suspending access to the Site (or any portion thereof) to any user who uses the Site in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the Site in violation of someone’s intellectual property rights. Pursuant to Title 17 of the United States Code, Section 512, We have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If You believe Your copyright or other intellectual property right is being infringed by a user of the Site, please provide written notice to Our Agent for notice of claims of infringement:
Attention: StoryCloud, Inc. Designated Agent DLA Piper 4635 Executive Drive, Suite 1100 San Diego, CA 92121 email@example.com
To be sure the matter is handled immediately, Your written notice must: Contain Your physical or electronic signature; Identify the copyrighted work or other intellectual property alleged to have been infringed; Identify the allegedly infringing material in a sufficiently precise manner to allow Us to locate that material; Contain adequate information by which We can contact You (including postal address, telephone number, and e-mail address); Contain a statement that You have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law; Contain a statement that the information in the written notice is accurate; and Contain statement, under penalty of perjury, that You are authorized to act on behalf of the copyright or other intellectual property right owner.
Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
SUBMITTING A DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) COUNTER-NOTIFICATION
We will notify You that We have removed or disabled access to copyright-protected material that You provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, You may provide Our Agent with a written counter-notification that includes the following information: Your physical or electronic signature; Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; A statement from You under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and Your name, physical address and telephone number, and a statement that You consent to the jurisdiction of a court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which We may be located, and that You will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
TERMINATION OF REPEAT INFRINGERS
We reserve the right, in Our sole discretion, to terminate the account or access of any user of the Site who is the subject of repeated DMCA or other infringement notifications.
DISCLAIMER OF WARRANTIES.
WE DO NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. THE SITE AND ALL MATERIALS ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE IS WITH YOU. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE SITE AND MATERIALS, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. Without limiting the generality of the foregoing, We make no warranty that the Site will meet Your requirements or that the Site will be uninterrupted, timely, secure, or error free or that defects in the Site will be corrected. We make no warranty as to the results that may be obtained from the use of the Site or as to the accuracy or reliability of any information obtained through the Site. No advice or information, whether oral or written, obtained by You through the Site or from Us or Our subsidiaries/other affiliated companies shall create any warranty. We disclaim all equitable indemnities.
LIMITATION OF LIABILITY.
WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE SITE OR ANY PART THEREOF OR FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SITE. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.
LOCAL LAWS; EXPORT CONTROL.
We control and operate the Site from Our headquarters in the United States of America and the entirety of the Site may not be appropriate or available for use in other locations. If You use the Site outside the United States of America, You are solely responsible for following applicable local laws.
Any submissions by You to Us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and We are free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that We are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution.
We think direct communication resolves most issues – if We feel that You are not complying with these Terms, We will tell You. We will even provide You with recommended necessary corrective action(s) because We value this relationship. However, certain violations of these Terms, as determined by Us, may require immediate termination of Your access to the Site without prior notice to You. California state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Except for disputes subject to arbitration as described above, any disputes relating to these Terms or the Site will be heard in the courts located in San Diego, California. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforce any of these Terms, We are not waiving Our rights. These Terms are the entire agreement between You and Us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between You and Us about the Site. The proprietary rights, disclaimer of warranties, representations made by You, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
CALIFORNIA CONSUMER NOTICE.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Site and Service are provided by StoryCloud, Inc.
If You have a question or complaint regarding the Site or Service, please contact Customer Service at firstname.lastname@example.org. You may also contact Us by writing:
c/o DLA Piper LLP (US)
4365 Executive Drive, Suite 1100
San Diego, California 92121-2133
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
If You have any questions about these Terms or otherwise need to contact Us for any reason, You can reach Us at email@example.com.