Site Terms of Use

Last updated: September 18, 2015
See also: User Terms of Use

By using this website www.storyshares.org (collectively the "Website"), you are knowingly and willingly agreeing to be bound by these Terms of Use and understand that these Terms of Use shall constitute a binding and enforceable contract between you and Story Shares, Inc. (the "Company"). These Terms of Use set forth the terms and conditions under which you may access and use the Website. If you do not agree to these Terms of Use, you may not use this Website.

Modifications

The Company may, in its sole discretion and at any time, modify these Terms of Use, in whole or in part, by posting such modifications on the Website. Your continued use of the Website following the posting of changes will operate as an acknowledgement of your acceptance of and agreement to be bound by the then current Terms of Use. The Terms of Use will include the date the Company last updated the Terms of Use.

Use of the Website

You agree and acknowledge that the Website and the content, including, but not limited to, graphics, text, video, and the like, including any third party content, and other information provided on the Website ("Website Content"), is the sole and exclusive intellectual property of the Company or is licensed by the Company for use on the Website. The Website Content shall not be copied, reproduced, displayed, used, sold or otherwise distributed commercially or modified without the express prior written consent of the Company or its licensors. The Company hereby grants you a license to view the Website and Website Content solely in accordance with the terms and conditions of these Terms of Use. Exclusive of any third party content and subject to the above limitations, you may print copies of limited portions of the Website Content solely for your non-commercial use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.

As a condition of your use of the Website and Website Content, you warrant to us that you will not use the Website or Website Content for any purpose that is prohibited by these Terms of Use, and will not act in any manner that will be harmful or detrimental to the Website, the Company, or its users in connection with the Website or Website Content, including but not limited to the following:

You agree to cooperate with us in causing any of the prohibited activities set forth in this section to immediately to cease.

Through your continued use of this Website, you represent and warrant that you possess all power, authority and applicable approvals (if any) necessary for you to agree and abide by these Terms of Use; that these Terms of Use constitute a valid and binding agreement enforceable against you; and that your agreeing to and abiding by these Terms of Use will not cause you to be in violation of any other agreement or law, regulation, order or court process or decision to which you are a party or by which you or your properties are bound or affected.

To access this Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this Website that any and all of the information you provide on this Website will be correct, current, and complete and that you will abide by these Terms of Use. When submitting data, documents, information or other material in the course of using the Website or Website Content, you shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all such materials.

The Company reserves the right to temporarily disable or permanently discontinue any and all functionality or your use of the Website, including the provision of any and all Website Content, at any time without notice and with no liability to you. The Company additionally reserves the right to withhold, remove and/or discard any submitted data without notice. If you fail to comply with any provision of these Terms of Use, any rights granted to you herein will automatically terminate. In the event of such termination, you must immediately cease use of the Website.

Privacy

The Privacy Policy, available at https://www.storyshares.org/pages/privacy, contains additional information about how your information (including information that will not be publicly viewable) will and will not be used.

Geographic Restrictions

The Company intends that the Website will be viewed by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

User Name and Password

You must treat any user name, password or any other piece of information that you choose or are provided in connection with the Website's security procedures ("Security Information") as confidential, and you must not disclose such Security Information to any other person or entity. You hereby acknowledge that your account is personal to you and agree not to provide any other person with access to any part of this Website using your Security Information. You agree to notify the Company immediately of any unauthorized access to or use of your Security Information or any other breach of security. You agree to use reasonable measures in maintaining the confidentiality of any Security Information.

User Submissions

By posting, uploading, inputting, providing, submitting, or otherwise contributing ("Posting") any information, graphical material, comments, ratings, survey responses or any other input to the Website ("Submission"), you affirm your agreement to be bound by these Terms of Use.

The Company is under no obligation to post, maintain, or otherwise use any Submission you may provide. You understand and agree that the Company may, but is not obligated to, review the Website and may delete, remove (without notice) or refuse to post any Submission in its sole discretion, for any reason or no reason, including Submissions that in the Company's sole judgment might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any Submissions you post or store on the Website or provide to the Company.

You are solely responsible for any Submission that you Post. You may not Post any Submission that you did not create or that you do not have permission to Post. You represent and warrant that any Submission or other content and information that you submit to the Company or the Website:

(a) is owned or controlled by you and provided without violation of any third party's rights;

(b) does not otherwise violate these terms of use;

(c) does not infringe any patent, trademark, trade secret, copyright or other intellectual property right of any party or person; and

(d) does not contain any content that is infringing, harmful, threatening, unlawful, defamatory, abusive, inflammatory, harassing, vulgar, obscene, lewd, fraudulent, or invasive of privacy or publicity rights or that may expose the Company or any users of the Website or the Website Content to any harm or liability of any type.

You Post content on the Website at your own risk. The Company cannot and does not guarantee that your submissions will not be viewed by unauthorized persons.

Rights Granted to the Company

By posting to the Website, you grant the Company a royalty-free, irrevocable, perpetual, non-exclusive license to use your Submission. This includes, without limitation, the license rights to: copy, distribute, reproduce, modify, edit, publish, transmit, translate, reformat, create derivative works from, display, perform, and otherwise use such Submissions in whole or in part, on a worldwide basis; to incorporate such Submissions into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes; to publish your name in connection with your Submission; and the right to sublicense such rights to any user of the Website. No compensation will be paid with respect to the use or license of your Submission, as provided herein.

Rights Reserved By You

You maintain the same ownership and rights in all Submissions that you held prior to Posting, subject only to the non-exclusive license granted to the Company as described above in "Rights Granted to the Company."

DISCLAIMER OF WARRANTIES

THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY THAT (i) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM VIRUSES OR MALICIOUS CODE; OR (ii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU DIRECTLY OR INDIRECTLY THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL OR INFORMATION DOWNLOADED FROM OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA RESULTING FROM SUCH DOWNLOAD OR USE. WE CANNOT AND DO NOT MAKE ANY WARRANTIES THAT YOUR USE OF THE WEBSITE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY, WHETHER EXPRESS OR IMPLIED, IN THESE TERMS.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL THE COMPANY, ITS PARTNERS, AFFILIATES, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, ADVISORS, LICENSORS, LICENSEES OR CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSSES, DAMAGES, INJURIES OR EXPENSES THAT RESULT FROM ANY ASPECT OF YOUR USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE ON INFORMATION OBTAINED ON THE WEBSITE, FROM OTHERS USING THE WEBSITE, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR ELECTRONIC MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE WEBSITE WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THIS PROVISION WILL APPLY WHETHER OR NOT THE COMPANY IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL WEBSITE CONTENT, MERCHANDISE OR SERVICES THAT MAY BE AVAILABLE FROM TIME TO TIME FROM THE COMPANY OR ITS PARTNERS AND ANY LOSSES, DAMAGES, INJURIES OR EXPENSES THAT RESULT THEREFROM. WITHOUT LIMITING THE FOREGOING, YOU WAIVE AND HOLD HARMLESS THE COMPANY, ITS PRINCIPLES, AFFILIATES AND EMPLOYEES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ANY INVESTIGATION RELATED TO ANY ILLEGAL OR UNAUTHORIZED USE OF THE WEBSITE AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF SUCH INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES. NOTWITHSTANDING THE FOREGOING, IF, DESPITE THE LIMITATIONS ABOVE, THE COMPANY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN ANY LIABILITY RESULTING THEREFROM SHALL BE LIMITED TO ONE HUNDRED DOLLARS, IN THE AGGREGATE FOR ALL CLAIMS AGAINST THE COMPANY AND THE COMPANY INDEMNITIES.

Exclusions and Limitations

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the Company. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In any event, the foregoing limitations shall apply to the greatest extent permitted by law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Legal Notices

If you intend to carry out legal action of any kind against the Website or the Company, you are required to contact the Company seven (7) business days before any legal claim is made. Please remember the Website is intended to benefit its users and the Company intends no harm to you or anyone else by operating this Website.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, partners, advisors, employees, members, managers, officers, directors, agents, licensors, licensees or content providers) (the "Company Indemnities") from any claims, losses, damages, expenses, demands, and costs (including without limitation reasonable attorneys' fees), arising out of or relating to your use of the Website.

Third Party Links

The Website may contain hyperlinks to third party websites to assist you, the user. The Company does not control such third party websites. THE COMPANY MAKES NO REPRESENTATION OR WARRANTIES CONCERNING SUCH THIRD PARTY WEBSITES OR RESOURCES AND IS NOT RESPONSIBLE FOR THE CONTENT OR OPERATION OF SUCH THIRD PARTY WEBSITES OR RESOURCES, AND SHALL HAVE NO LIABILITY IN CONNECTION WITH THEM. Inclusion of such hyperlinks does not imply any endorsement by the Company, including but not limited to opinions, statements, information, individuals or entities referred to on such hyperlinks or any association with their operators. You are solely responsible for any charges or obligations that you may incur in your dealings with such linked site operators or advertisers. Linked sites or other websites may also have a hyperlink to this Website; the Company is not, and you agree that the Company is not, responsible for the content of any such website or the actions of any operator of any such website.

Security

Unfortunately, data transmission over the Internet cannot be guaranteed to be secure nor is any security system completely secure. The Company does not guarantee the security of any information you transmit to the Company or provide online. The Company requests that you do not send, and the Company will not be liable for your sending sensitive or confidential information electronically. It is possible that other users or unauthorized "hackers" may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such materials. It may also be possible for other users or "hackers" to obtain personal information about you. By using the Website, you assume the risk of such occurrences.

Copyright Complaints

Story Shares, Inc. respects the intellectual property rights of others and therefore prohibits users from uploading, posting or otherwise transmitting on the Website any materials that violate another party's intellectual property rights. It is the Company's policy to respond to notices of alleged infringement that comply with the United States Digital Millennium Copyright Act ("DMCA"). The Company may, at its sole and absolute discretion, limit access to the Website and/or terminate use of the Website by those who infringe the intellectual property rights of others.

(a) If you believe that your work has been copied in any way that constitutes copyright infringement or your intellectual property rights have been otherwise violated by virtue of the Website, please promptly notify our Copyright Agent at:
ATTN: Copyright Agent for Story Shares, Inc. site
Cheryl Becking
PO BOX 5157
Santa Cruz, CA 95063
cheryl@jabico.com
(831) 454-0850 ext. 25

To be effective under the DMCA, the notification must be in writing, include the signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, and also contain the following (see 17 U.S.C 512(c)(3) for more specific information):

When the Company receives proper notification of alleged copyright infringement, the Company will promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the Digital Millennium Copyright Act.

(b) If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with the Company (a "Counter-Notice") by submitting written notification to our copyright agent listed above. To be effective, under the DMCA, the Counter-Notice must be in writing and include the signature of the user whose material was removed and also contain the following information (see 17 U.S.C 512(g)(3) for more specific information):

The DMCA allows the Company to restore the removed content if the party filing the original DMCA Notice does not notify the Company that it has filed a court action within ten business days of receiving the copy of your Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Messages, Requests, and other Content Provided to Us

The Website may provide you with the ability to contact the Company through email addresses, contact forms, or other means. To the extent that you do so, you grant the Company a perpetual, irrevocable, non-exclusive, royalty-free license to use any ideas, input, feedback, inquiries, or any other communication or communicated concept in connection with the Website or the Company.

Miscellaneous

(a) Governing Law. By accessing the Website, you agree that the laws of the State of New York, without regard to principles or conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or its affiliates. In addition, you agree to submit to the jurisdiction of the courts of the State of New York in the county of New York, and that any action pursued concerning these Terms of Use or your use of the Website shall be within the exclusive jurisdiction of the courts of the State of New York in the county of New York.

(b) Severability and Survival. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of the Terms of Use shall continue in full force and effect and shall be interpreted in such a manner as to preserve enforceability of the remainder of the Terms of Use while maintaining the least change in scope. Each provision in these Terms of Use regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of these Terms of Use.

(c) No Waiver. The failure by either you or the Company to exercise or enforce any rights or provisions of these Terms of Use shall not constitute a waiver of such right or provision or any other provision of these Terms of Use. Only a specific, written waiver signed by an authorized representative of the Company shall have any legal effect.

(d) Assignment. You may not assign your rights and obligations under these Terms of Use to any third party, and any attempt to do so shall be null and void. The Company may freely assign its rights and obligations under these Terms of Use.

(e) Headings. The headings hereof are descriptive only and not to be used in interpreting the provisions of these Terms of Use.

Contacting Story Shares, Inc.

You may contact the Company if you any questions about the Terms of Use, the practices of this Website, or your dealings with the Website by sending an e-mail to support@storyshares.org.