The last update to these Terms and Conditions was posted on January 17, 2017.
This User Agreement (“Agreement”) governs your access to and use of our Services, including our various websites, reference and communication tools, message boards, search tools, and related services (collectively, the “Services”), and any information, text, graphics, videos, or other materials uploaded, downloaded or appearing on the Services (collectively, the “Content”).
When the Agreement refers to “us,” “our,” “we,” “the Company,” “Story Street Labs,” and words of similar import, it means Story Street Labs, Inc. and its affiliates. The Company operates Services branded as Story Street Labs. A “User” is an individual that uses the Services. When the Agreement refers to “you” and words of similar import, it means the User.
We reserve all of our other rights not granted in these Terms and Conditions.
Your continued use of the Services constitutes your acceptance of these Terms and Conditions as a legally binding contract and the equivalent of an electronic signature. If you are not in agreement with any part of the Terms and Conditions, please do not access and use the Services and immediately discontinue use of the Services.
We may amend our Terms and Conditions at any time without specific notice to you. The latest copies of our Terms and Conditions will be posted at storystreetlabs.com/terms, and you should periodically review them from time to time. Revisions to our Terms and Conditions become effective as of the time of posting, or such later date as may be specified in the revised Terms and Conditions. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms and Conditions.
You agree to safeguard and maintain as confidential your entire account information, including your password. You may only use your own personal account to access the Services. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your ID, password), you must promptly change your password and notify us by contacting us by email at: firstname.lastname@example.org.
You are solely responsible for all of the activity in the Services linked to your account. Any Content submitted or posted by you to the Services is your sole responsibility. If you discontinue using the Services and deactivate your account, it is possible that your published Content may remain publicly visible. If you would like us to remove the Content posted by your account, please contact us with this request once your account has been deactivated.
Use of Service
You must be at least 13 years old to use the Services. By continuing to use the Services, you affirm that you are either 18 years of age or older and allowed to enter into a legally binding contract with the Company or, if under the age of 18 but over the age of 13, that you are an emancipated minor or possess legal parental or guardian consent to accept these Terms and Conditions on your behalf. You also agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Services.
You agree not to access the Services by any means other than through the interface that is provided by us for use in accessing the Services. You may only access Content through the Services or other means by which we make Content available. You may not remove any copyright notices from the Content.
You may not post, email, transmit or otherwise distribute through the Services: (a) information infringing on intellectual property or privacy rights of others; (b) Content that is unlawful, harmful, obscene, defamatory, harassing, abusive, or slanderous in our sole opinion; (c) information that harms minors in any way; (d) advertisements or other commercial messages; (e) viruses or other harmful computer code designed to interrupt, destroy or limit the use of any computer software or hardware; or (f) confidential information belonging to any other person.
You may not engage in any conduct to: (a) collect information about others; (b) interfere with the Services or the servers or other technology hardware used by the Services; (c) inhibit others from using the Services; (d) allow any other person or entity to use your password or other identification; or (e) violate any law or regulation.
Story Street Labs reserves the right to monitor activity on the Services, investigate complaints or reported violations of the Terms and Conditions, and to take any action we deem appropriate, including but not limited to deletion of Users’ Content and/or cancellation of membership or Users’ accounts, without notice.
The rights of Story Street Labs under these Terms and Conditions shall survive a termination of this Agreement.
Intellectual Property Rights
You acknowledge and agree that the Services and Content include proprietary and confidential information that is protected under United States and international intellectual property laws, including those pertaining to the protection of copyrights, trademarks, service marks, and patents, and security components that protect digital information. You agree not to reproduce, distribute, modify, or adapt any part of the Service, in whole or in part. You agree not to reproduce, modify, adapt, or distribute any other user’s Content in whole or in part, except to the extent agreed to by the user who originated such Content.
Our Services may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Services does not constitute any right or license for you to use such service marks or trademarks without the prior written permission of the corresponding service mark owner or trademark owner. Our Services are also protected under international copyright laws. Your use of our Services does not grant you ownership rights of any kind on our Services.
You retain ownership of all original Content you submit, post, display, or otherwise make available through the Services. You retain or obtain intellectual property rights to modifications or adaptations made to or from your original Content through the Service by other Users. If you are not the original author of the Content to which you make modifications or adaptations, you agree to assign to the original author any intellectual property rights you would otherwise be entitled to claim. You assume the sole responsibility for ensuring that your Content does not violate the copyrights or other intellectual property rights of others.
All Content submitted by you to the Services will be viewable by other Users and may be promoted through third party websites. By submitting such Content, you grant the Company a worldwide, non-exclusive, transferable, royalty-free, irrevocable, perpetual license to use, reproduce, distribute, publicly perform, and publicly display such Content. It is the Company’s policy to use user-submitted Content only in connection to operating and promoting the Services, as required by law, and as otherwise reasonably necessary.
DMCA Notification Guidelines
We will respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”) according to our DMCA Notification Guidelines, found here.
Links to Other Websites
Our Services may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. Unless otherwise expressly stated inclusion of links within our Services do not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. Story Street Labs has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
We may assign this contract at any time without notice to you. You may not assign this contract to anyone else.
We reserve the right to change any and all Content and features of the Services, at any time without notice. Our Services may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Content on the Services.
OUR SERVICES ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THOUGH WE WILL ALWAYS STRIVE TO DELIVER THE BEST POSSIBLE PRODUCT FOR YOUR ENJOYMENT, OUR SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. STORY STREET LABS, INCLUDING ALL OF OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR SERVICES, OTHER THAN AS SPECIFIED IN OUR LEGAL TERMS. STORY STREET LABS CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR SERVICES. WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT IT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED PROGRAMS TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES ATTRIBUTED TO OUR
SERVICES ARE DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU USE OUR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOU, YOUR MOBILE DEVICE OR COMPUTER SYSTEM, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF INCOME, BUSINESS, PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND STORY STREET LABS. OUR SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN OUR LEGAL TERMS.
Limitation Of Liability
We shall not be liable for any loss, injury, claim, liability, or damage of any kind, based on intellectual property rights or other rights, resulting in any way from (a) any errors in or omissions from our Services; (b) the unavailability or interruption of our Services; (c) your use of our Services; or (d) any delay or failure in performance of our Services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STORY STREET LABS AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, NEGLIGENCE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. STORY STREET LABS WILL HAVE NO LIABILITY AND WILL MAKE NO WARRANTY, REFUND, OR OTHER RESTITUTION TO YOU WITH REGARDS TO OUR SERVICES, OTHER THAN AS SPECIFIED HEREIN, FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, DELAYS, CANCELLATIONS, STRIKES, GOVERNMENTAL ISSUES, OR FORCE MAJEURE.
IN NO EVENT WILL STORY STREET LABS OR ANY OF ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOSSES ARISING FROM YOUR USE OF OUR SERVICES, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID US, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR LIABILITIES, SO CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold us, our officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and related fees and expenses, resulting from, or alleged to result from, your violation of these Terms and Conditions.
Governing Law and Venue
These Terms and Conditions shall be treated as though it were executed and performed in Chicago, Illinois and shall be governed by and construed in accordance with the laws of Illinois without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts.
Should any part of these Terms and Conditions be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Services conflicts or is inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence.
Time Limitation on Claims
Any cause of action by you with respect to our Services must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
Our failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision.