Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE
StoryAmp reserves the right, at its sole discretion, to change these Terms and Conditions at any time. Any such changes will be effective immediately upon posting, and your continued use of the Site following the posting of such changes will constitute your acceptance of the revised Terms and Conditions. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. Your use of our Site and/or purchase of any product and/or service on the Site constitutes your binding agreement and acceptance of these Terms and Conditions, including any modifications that we make.
The terms “you,” “your,” “User,” “Undersigned” and “Subscriber” as used herein refer individually and collectively to all individuals, entities, and their representatives accessing this Site for any reason.
To obtain full access to the Site and its services, you will be required to complete a registration. In consideration of your use of the Site and its services, you agree to: (a) provide accurate, current, and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; and (c) maintain and promptly update the Registration Data, and any other information you provide to us.
You are responsible for safeguarding and maintaining the secrecy of your password and identification at all times. You shall notify us promptly of any unauthorized use of your password and identification. You accept responsibility for all activities that occur under your account or password and such use shall be deemed to be use by you. You will ensure that all use of your account fully complies with these Terms and Conditions of Use. We may suspend your access to the Site without notice to you in the event that you do not use the Site for an extended period of time. Transfer of the account by you to any other person or entity is prohibited.
Acceptable Use Policy.
You are solely responsible for any and all acts and omissions that occur under your account or password for the Site and/or its services, and you agree not to engage in unacceptable use of the Site and/or its services, which includes, without limitation, use of the Site and/or its services to: (i) disseminate or transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (ii) disseminate or transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (iii) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (iv) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (v) interfere, disrupt or attempt to gain unauthorized access to other accounts of the websites and/or service or any other computer network; (vi) disseminate or transmit viruses, trojan horses or any other malicious code or program; or (vii) engage in any other activity reasonably deemed by the Company to be in conflict with the spirit or intent of this Agreement. If you violate these restrictions, we may limit and/or terminate your access to the Site and/or its services, without refund.
Managing User Content and Communications.
StoryAmp reserves the right, in its sole discretion, to delete or remove your User Material and/or content from the Site or databases and to restrict, suspend or terminate your access to the Site and/or its services, or all or part of the Site, at any time for any reason without prior notice or liability. Your profile may be deleted without warning, if it is found that you are misrepresenting your age, misrepresenting your identity, and/or if Company reasonably suspects that you do not have the rights required pursuant to these Terms and Conditions. Company may establish general practices and limits on the use of the Site and/or its services, including, but not limited to, limits on retention time, file size, and storage space for your content. Company shall have no liability or responsibility for the deletion or failure to store any information or materials in connection with the Site and/or its services. Company may, but is not obligated to, monitor or review (i) any areas on the Site or features of the Site and/or its services in which users submit, transmit or post content, and (ii) the substance of any of your content. To the maximum extent permitted by law, Company has no liability related to your content arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Company also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any of content. If Company terminates your subscription and/or membership in the services because you have breached the Agreement, you shall not be entitled to a refund of any unused portion of your subscription or distribution fees.
You agree not to use the Site and/or its services to send the same or substantially similar unsolicited electronic mail messages, whether commercial or not, to a large number of recipients. This prohibition includes sending unsolicited mass mailings from another Internet service that in any way involves the use of the Site and/or its services or any equipment owned or operated by Company in connection with the Site. A message is unsolicited if it is posted in violation of a USENET or newsgroup charter and/or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one’s e-mail address accessible to the public shall not constitute a request or invitation to receive messages.
Trademarks, Trade Names, and Service Marks
Unless otherwise indicated, all logos, names, package designs, and marks on the Site are trademarks or service marks owned or used under license by us or our business partners. The unauthorized use or misuse of any of these marks or other information is strictly prohibited and may subject you to civil or criminal liability.
Proprietary Rights of Users.
You understand and agree that material posted on the Site by StoryAmp and/or its users is owned by and/or licensed to such registered user. The limited license granted to users by these Terms and Conditions shall in no way be deemed to grant to third parties any right or license in or to any user material, including but not limited to musical compositions and/or sound recordings, text, excerpts, and photographs, available on the Site except as otherwise specifically set forth herein, unless otherwise owned by such a third party or licensed by such a third party pursuant to a valid agreement or under valid copyright laws.
Additionally, subject to StoryAmp’s rights hereunder or under any prior agreement between StoryAmp and its users, the Company understands and agrees that as between its users and Company, all right, title and interest in, to and embodied in user material and all materials furnished by such users will be theirs. As such, Company does not own copyright and other intellectual property rights in any user material, and users have not assigned or transferred any such rights other than a limited license as described in these Terms and Conditions.
License to StoryAmp.
By submitting any content and material to the Site, including but not limited to audio files, photos, bios, reviews, feedback, press kits, excerpts of your published material, reviews and/or critiques, any company information etc., (individually and collectively “User Material(s)”), you hereby grant to StoryAmp, its affiliates, subsidiaries, assigns, successors, partners, independent contractors and licensees (which such licensees, include but may not be limited to other users), the non-exclusive, irrevocable, fully-paid, royalty-free, perpetual, worldwide right and license to: (i) use, publicly perform, publicly display, modify (for purposes of formatting, maintenance or website administration only), reproduce, publish, adapt, distribute and translate User Material posted on the Site and/or otherwise make available such User Material, for use in podcasts, audio and/or video blogs, on Internet radio, webzines, video sites, books, CD-ROMs or any other digital form or medium whatsoever, whether now known or as may hereafter be developed solely in connection with promotion and marketing of users or as otherwise agreed herein; (ii) store your content on StoryAmp’s servers; (iii) distribute your content on the Site to users and third-parties and through email lists; (iv) distribute, create compilations and derivative works, and publicly display and perform such content in any medium whether now known or hereafter created, so that other users may see and hear your work as an example of a successful application of this Site and/or its services; (v) use User Material and metadata as may be reasonably necessary or desirable for StoryAmp to exercise rights under this Agreement; and/or (vi) use the name, biography and likeness of you, and other persons performing services in connection with you, for the purposes of trade in connection with promotion, advertising, sale, distribution, and exploitation of the Site. Users acknowledge and agree that any content and/or material which they post on the Site are subject to the license described in this paragraph.
You may not submit, post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is StoryAmp’s policy to terminate membership privileges of any user who infringes copyright upon notice to the Company by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright 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 owner or authorized to act on the copyright owner’s behalf.
Representations and Warranties.
No Warranties; Liability Disclaimer; Limited Liability.
STORYAMP PROVIDES THE SITE, ITS SERVICES, AND THE SOFTWARE “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. STORYAMP, ITS AFFILIATES, SUBSIDIARIES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/ OR SUPPLIERS (COLLECTIVELY, THE “COMPANY PARTIES”) MAKE NO WARRANTIES. THE COMPANY PARTIES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES ARISING
THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT. COMPANY MAY CHANGE THE SITE AND/OR ITS SERVICES OR THE FEATURES IN ANY WAY, AND AT ANY TIME AND FOR ANY REASON. IN NO EVENT SHALL ANY OF THE COMPANY PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SITE AND/OR ITS SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, WITH THE DELAY OR INABILITY TO USE THE SITE AND/OR ITS SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE AND/OR ITS SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE AND/OR ITS SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE AND/OR ITS SERVICES, OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND/OR ITS SERVICES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL STORYAMP’S LIABILITY EXCEED THE GREATER OF (i) THE AMOUNT PAID TO COMPANY DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY OR (ii) $100.
You shall indemnify and hold StoryAmp, its subsidiaries, affiliates, officers, agents, designees, representatives, successors, assigns, licensees, partners, employees, independent contractors, and user (individually and collectively the “Indemnified Parties”), harmless from and against any and all liabilities, losses, claims, costs, demands, damages, and expenses (including reasonable attorneys’ fees, court costs, and disbursements) arising out of or in connection with a breach or alleged breach of the covenants, warranties and representations contained in this Agreement, including but not limited to your use of the Site and/or its services, including posting material on the Site, in violation of these Terms and Conditions, as may be amended from time to time. You will reimburse the Indemnified Parties on demand for any payment made at any time in respect of which such Indemnified Party is entitled to be indemnified.
You hereby release StoryAmp, its affiliates, subsidiaries and licensees, from any and all liability arising out of or in connection with any publicity material, biographical information, pictures, photos, logos, trademarks, servicemarks, tapes, songs, or recordings submitted to Company by you or on your behalf, including but not limited to any claims of copyright infringement.
YOU AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC THIRD PARTY MATERIALS ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE THIRD PARTY MATERIALS, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS AND CONDITIONS OF USE, THE SITE, THE USER CONTENT, SITE CONTENT, AND THIRD PARTY MATERIALS (INCLUDING YOUR VISIT TO OR USE OF THE SITE) SHALL BE FINAL AND BINDING ARBITRATION, except that, to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark, or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above, then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought before, during, or after the pendency of any arbitration proceeding brought pursuant to these Terms and Conditions of Use, or in lieu of such proceedings.
Arbitration under these Terms and Conditions of Use shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules for consumer disputes) and in these Terms and Conditions of Use. In rendering a decision, the arbitration panel shall follow the law of the United States and of the State of Indiana, and shall not use equitable or other principles which would permit the panel to ignore these Terms and Conditions of Use or the law. The arbitration panel's award shall be binding and may be entered as a judgment in any court of competent jurisdiction, provided, however, that errors of law may be appealed to a court of competent jurisdiction for review. Any award in arbitration shall be subject to all dollar and other limitations set forth in these Terms and Conditions of Use.
Modification and Termination of This Agreement
We may modify these Terms and Conditions of Use from time to time. When we do, we will post the updated agreement and will note the date it was last revised. When you use the Site after those updates are posted, you are deemed to accept and agree to be bound by those changes.
This Agreement will continue to apply until terminated by either you or StoryAmp as described below. If you choose to terminate your legal agreement with StoryAmp, you may do so by canceling your account on the Site.
Directions for canceling your account:
1. Log in to your StoryAmp account.
2. Go to "My Account"
3. Click "Billing Information"
4. Click "Cancel Your Account"
5. On the confirmation screen, click "Yes, I Understand the Consequences"
6. Your account will be deactivated immediately, and your account data will be scheduled for deletion. Deletion will occur within 15 days.
We may terminate this Agreement, terminate your access to all or part of the Site, or suspend any user's access to all or part of the Site, at any time, without notice to you, if we believe, in our sole judgment, that you have breached or may breach any term or condition of this Agreement, if we believe it is required by law, or otherwise. If we terminate your service for cause or you terminate the service you will not be entitled to any refund of any sum you have paid us and Company may delete any User Material or other materials relating to your use of the Site and/or its services on Company’s servers or otherwise in its possession. You acknowledge that Company shall not be liable to you or any third party for any termination of your access to the Site and/or its services.
These Terms and Conditions of Use shall be governed by the laws of the State of Indiana without giving effect to any choice or conflict of law or rule (whether of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Indiana, provided, however, that disputes concerning patent, federal trademark, or federal copyright matters shall be governed by federal law. You consent to jurisdiction in the State of Indiana of any claims or controversies regarding this Agreement, and, any action or other proceeding which involves such a claim or controversy will be brought exclusively in the courts located within Marion County, State of Indiana. Your use of this Site and/or its services indicates your agreement to waive any jurisdictional, venue or inconvenient forum objections to such courts.
U.S. Export Controls.
All materials on this Site are provided solely for the purpose of promoting our operations and products in the United States and its territories. We make no representation that the materials on the Site are appropriate or available for use in other locations. If despite these conditions, you use the Site from outside the United States, you are solely responsible for compliance with any applicable local laws. Software from the Site (the “Software”) is also subject to United States export controls. You may not download the Software from the Site or otherwise export or re-export it: (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
StoryAmp shall be not held liable for any delay or failure in performance of any part of this Agreement from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons or transportation facilities, or acts or omissions of transportation or telecommunications common carriers or acts, omissions, overloading or slowdowns over the Internet or any third party Internet service providers.
Third Party Web Sites
StoryAmp may provide links and pointers to Internet sites maintained by others ("Third Party Sites"). We have not reviewed all of the Third Party Sites linked to the Site and are not responsible for the content of or any products or services offered on such Third Party Sites.
Neither this Agreement nor your use of the Site shall create any partnership, agency, or joint venture between StoryAmp and you. Our relationship shall be that of independent contractors, and StoryAmp shall not have a fiduciary obligation to you because you entered into this Agreement.
Last Updated: September 15, 2011