Last updated: September 18, 2015
Use of the Website
- Conduct or promote any illegal activities while using the Website or Website Content;
- Upload, distribute or print anything that may be harmful to minors;
- Transmit any material which violates or infringes upon the rights of others, or is unlawful;
- Transmit any information that the Company, in its sole discretion, believes to be abusive, excessively violent, harassing, defamatory, vulgar, obscene, lewd, lascivious, or otherwise objectionable;
- Attempt to reverse engineer or jeopardize the correct functioning of the Website or Website Content, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
- Attempt to gain access to secured portions of the Website or Website Content to which you do not possess access rights or obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Site or Services;
- Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
- Use the Website or Website Content to generate unsolicited email advertisements or spam;
- Use any automatic or manual process to search or harvest information from the Website or Website Content, or to interfere in any way with the proper functioning of the Website or Website Content;
- Use the Website or Website Content in any manner which could disable, overburden, damage, or impair the Site or interfere with any other party's use and enjoyment of the Website or Website Content;
- Impersonate another user or the Company's employees, partners, or providers;
- "Frame," inline link or similarly display Website Content without the express prior written permission of our authorized representative;
You agree to cooperate with us in causing any of the prohibited activities set forth in this section to immediately to cease.
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.
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;
(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
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.
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.
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.
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
PO BOX 5157
Santa Cruz, CA 95063
(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):
- Identification of the copyrighted work claimed to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit the Company to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- Sufficient information by which the Company can contact you (including your name, postal address, telephone number and, if available, email address); and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
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):
- 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 disabled;
- Sufficient information by which the Company can contact you (including your name, postal address, telephone number and, if available, email address);
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.
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.
Contacting Story Shares, Inc.