TERMS OF SERVICE AND USE - LAST REVISED: SEPTEMBER 1, 2007
PLEASE READ THIS TERMS OF SERVICE AND USE AGREEMENT CAREFULLY. STORYMASH LLC ENCOURAGES YOU TO REVIEW THIS AGREEMENT EACH TIME YOU VISIT THE STORYMASH SITE OR USE ANY STORYMASH SERVICES. IF YOU DO NOT AGREE TO THESE TERMS (INCLUDING ANY TERMS, GUIDELINES, AND POLICIES INCORPORATED BY REFERENCE), YOU SHOULD NOT ACCESS OR USE THIS WEBSITE OR ANY SERVICES PROVIDED BY STORYMASH LLC. IF YOU WOULD LIKE TO PRINT THIS AGREEMENT, PLEASE CLICK THE PRINT BUTTON ON YOUR BROWSER TOOLBAR.
1. Acceptance of Terms Triggered by Use.
This StoryMash Terms of Service and Use Agreement (the "Agreement") governs the provision of the Services (as defined below) and your access and use of the various webpages (the "StoryMash Site") made available by StoryMash LLC ("StoryMash") to you. Your access and use of the StoryMash Site, and any services offered by StoryMash, will constitute your unconditional acceptance of this Agreement.
2. Changes to Terms.
StoryMash reserves the right to change or revise the terms of this Agreement from time to time at its sole discretion. When it has made a modification, notice of the modification will be prominently posted on the front (landing) page of http://StoryMash.com for a period of 14 days, along with a link to the modified terms. If you use the StoryMash Site frequently, you should encounter this notice and you should review the revised terms immediately. If you are an infrequent user of the StoryMash site, you should review the terms every time you use it. The changed or revised terms will be effective immediately after they are posted.
3. Description of Services; Grant of Limited License.
StoryMash offers a variety of services through the StoryMash Site, including but not limited to, a community where users can post content, read content others have posted, interact with other users and StoryMash, and obtain news and announcements from StoryMash (collectively, the "Services," or individually, a "Service"). The proprietary software and materials underlying the Services (the "Materials," excluding any user-submitted or StoryMash developed content/text-based creative works (the "Content")) are works protected under copyright and other intellectual property laws. In consideration for your promises reflected in this Agreement, StoryMash grants to you a personal, nonexclusive, nonassignable and nontransferable, non-commercial license to use the Services from a single computer and as permitted under this Agreement.
You agree to:
- not copy or distribute the Materials to any third party;
- not reverse engineer, disassemble or decompile any portion of the Materials or otherwise attempt to discover or re-create the source code to the Materials;
- comply with all applicable laws, including U.S. export control laws, applicable to your use of the Materials;
- not make any modification, adaptation, improvement, enhancement, translation, or derivative work of or to any portion of the Materials;
- not remove, alter, or obscure any proprietary notices (including copyright notices) of StoryMash or its suppliers in any portion of the Materials or Services or on the StoryMash Site;
- not interfere with or disrupt the use and enjoyment of the Services or StoryMash Site by other users; and
- not use any type of automated means to utilize or access the Services or the StoryMash Site.
4. License to Access Content.
StoryMash makes available content submitted by users (the "Content"). StoryMash grants you the right (a license) to read and access the Content you may not reproduce, display, link to, monetize, license, or otherwise exploit the Content in any way. You may solely access and read it for your own non-commercial purposes. Also, you may not modify, revise, or adapt any of the Content in any way. In order to modify, revise, or adapt any of the Content you must first agree to the Content Submission and License Agreement.
Note: this document does not cover any Content you make available to StoryMash pursuant to any of StoryMash's revenue-sharing or licensing programs. The relevant document can be found on the StoryMash Site at http://StoryMash.com/legal/license/.
5. Registration Data and Account Security.
In consideration for access to certain parts of the StoryMash Site and/or use of certain Services, you may be required to establish a username and password, and provide StoryMash with certain information requested on a registration form ("Registration Data"). (You may be able to use certain parts of the StoryMash Site on an anonymous basis, in which event this Section is not applicable to you.)
You agree to:
- provide true, accurate, current and complete information about you;
- maintain and promptly update the Registration Data to keep it true, accurate, current and complete;
- maintain the confidentiality and security of your username and password;
- accept all responsibility for all activities, charges, and liabilities that occur through use of your account, username, and password;
- notify StoryMash immediately of any unauthorized use of your account or breach of security of your account; and
- accept all risks of unauthorized access to the Registration Data and other information you provide to StoryMash, as well as all risks and liabilities resulting from your failure to comply with this section.
You also agree that StoryMash may send you an e-mail and require you to confirm your e-mail address before using certain Services.
StoryMash reserves the right to terminate your use of the Services and refuse to provide you with any and all current or future use of the Services if StoryMash, in its sole discretion, determines that any of your Registration Data is untrue, inaccurate, not current or incomplete.
6. Agreement to Pay for Certain Services.
StoryMash may require payment for certain Services or for access to certain parts of the StoryMash Site. You agree to pay all fees and charges specified when you choose to use these Services or access these parts of the StoryMash Site. StoryMash retains the right to suspend your access to these paid Services or the StoryMash Site if you fail to make any payment when it becomes due.
All users, registered or not, agree to strictly abide by StoryMash's Code of Conduct, incorporated herein by reference in its entirety, when using any portion of the Services or the StoryMash Site. The Code of Conduct can be found at http://StoryMash.com/legal/coc/. The Code of Conduct may change from time to time so you should check it frequently.
In the course of using the Services, you may elect to provide information about yourself (other than Content) which may be visible to certain other StoryMash Site users. By submitting such information in connection with your use of such Services, you grant StoryMash a royalty-free, perpetual, irrevocable license to use such information in connection with its Service offerings. Furthermore, you understand that StoryMash retains the right to reformat, excerpt, or translate any materials submitted by you. By way of example and not limitation, StoryMash may use an obscenity filter to revise any messages you may transmit via the Services.
You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that StoryMash will not be liable for any errors or omissions in any content. You understand that StoryMash cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, we cannot guarantee the authenticity of any data which users may provide. StoryMash may monitor any communications effected through the StoryMash Site or Services in order to ensure compliance with any laws, rules, or regulations, and compliance with any StoryMash policies or rules, including the Code of Conduct.
8. No Warranties- Services Provided "As Is".
YOU UNDERSTAND AND AGREE THAT THE SERVICES AND THE STORYMASH SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND THE STORYMASH WEB SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, STORYMASH AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER STORYMASH NOR ANY OF ITS AFFILIATES OR LICENSORS, NOR ANY OF THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (i) THAT THE SERVICES OR STORYMASH SITE WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR ERROR FREE; (ii) THAT THE SERVICES WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (iii) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (iv) THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY MATERIAL PUBLISHED OR ACCESSIBLE ON OR THROUGH THE SERVICES OR THE STORYMASH SITE; (v) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (vi) THAT THE SOFTWARE BEHIND THE SERVICES ARE NONINFRINGING. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES OR CONTENT OBTAINED THROUGH THE USE OF THE SERVICES AND STORYMASH SITE ARE DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICES, STORYMASH SITE, AND ANY SOFTWARE AND/OR CONTENT THEREIN.
9. Limitation of Liability.
IN NO EVENT SHALL STORYMASH OR ANY OF ITS AFFILIATES OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION) ARISING OUT OF (i) USE OF THE SERVICES OR STORYMASH SITE BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION AND CONTENT ACCESSED OVER THE SERVICES, (ii) ANY USE OR INABILITY TO USE THE SERVICES FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE SERVICES, OR (iii) ANY GOODS OR SERVICES DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH THE SERVICES OR THE STORYMASH SITE, IN EACH CASE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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 AND EXCLUSIONS MAY NOT APPLY TO YOU.
Your rights under this Agreement terminate automatically if you fail to comply with any of the terms and conditions of this Agreement or with any other StoryMash policy or rule. No notice is required from StoryMash to effect such termination. Additionally, StoryMash may terminate this Agreement at any time and for any reason and may effect notice of such termination through any means, including but not limited to posting such notice on the StoryMash Site, sending you an email, or otherwise proclaiming such termination. Upon termination, you must immediately stop using the Services. StoryMash has no obligation to return any Content, Registration Data, or other materials you provide to StoryMash in the course of using the Services or the StoryMash Site.
11. Indemnification Obligations.
You agree to hold harmless, defend, and indemnify StoryMash and its licensees, licensors and their officers, directors, employees, subsidiaries, contractors, subcontractors, suppliers, agents, partners and affiliates, successors and assigns from all liabilities, claims, demands and expenses, including attorney's fees, that are due to, or that arise from your use or misuse of the StoryMash Site and/or Services, the Materials, any Content transmitted to or through the Services or the StoryMash Site, or for infringement by you of intellectual property rights or other rights of any third party or injuries caused by you to StoryMash or any third party. StoryMash may assume exclusive control of any defense of any matter subject to indemnification by you, and you agree to cooperate with StoryMash in such event.
12. Third Party Links and/or Content.
StoryMash does not endorse and is not responsible or liable for any content, advertising, goods or services, or other materials available on or from any third party web sites or resources. StoryMash will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, goods or services, or other materials on or available from such web sites or resources.
Any comments or materials sent to StoryMash, including feedback data, such as questions, comments, suggestions, or the like regarding the Services or any other products or programs of StoryMash (collectively "Feedback"), is non-confidential. StoryMash has no obligation to you of any kind with respect to such Feedback and is free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, StoryMash is free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback.
14. Notices; Announcements.
StoryMash may provide notices, including notice of any changes to this Agreement by displaying notices to you generally on the StoryMash Site or by emailing you at the email address you provided StoryMash. StoryMash may change its addresses (email or mailing) by displaying such changes on the StoryMash website (i.e., accessible via (http://StoryMash.com). Except as set forth herein, you must provide StoryMash all notices in writing, delivered to StoryMash's street address listed on our contact page. Notwithstanding, StoryMash will endeavor to respond to any emails you send raising any concerns or questions.
15. Entire Agreement.
Except for any agreements or policies explicitly referenced herein (such as the agreement pursuant to which you may submit Content to StoryMash), this Agreement constitutes the complete and entire agreement between you and StoryMash as it pertains to your use of the StoryMash Site. StoryMash reserves all rights not granted in this Agreement. If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable, and such decision will not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.
You agree that any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, the rights or obligations of either party or any defenses with respect thereto, shall be referred to and finally resolved by arbitration under the rules of the American Arbitration Association with one arbitrator presiding. The arbitration shall take place in Las Vegas, Nevada, USA.
YOU WAIVE YOUR RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE REGARDING THIS AGREEMENTS OR ANY RIGHTS OR OBLIGATIONS HEREUNDER.
17. Applicable Law and Venue.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEVADA, USA, AS THEY APPLY TO AGREEMENTS MADE AND SOLELY PERFORMED THEREIN. YOU IRREVOCABLY CONSENT TO AND WAIVE ALL OBJECTION TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN CLARK COUNTY, NEVADA, USA. YOU AGREE TO NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE STORYMASH SITE OR THE SERVICES EXCEPT IN THE FOREGOING COURTS.