STORYRIGHT.COM TERMS OF SERVICE
1. ACCEPTANCE OF TERMS
StoryRight.com, ("StoryRight") provides the following service to you, subject
to these Terms of Service ("TOS"), which may be updated periodically without
prior notice. You can review the current version of the TOS at:
http://www.storyright.com/terms.htm. Failure to comply with these TOS may
result in account revocation.
2. DESCRIPTION OF SERVICE
StoryRight is a web-based service that allows its users to create and update
story outlines (herein referred to as "StoryRight", or the "Service"). The
Service may be used through a web browser or by the use of downloadable
clients (the "Software"). Once registered with StoryRight, each user receives
his or her own space to store information concerning or linked to their story
(the "Content"). This Content may reside on StoryRight's servers or on the
servers of a third party.
Unless explicitly stated otherwise, any new features that augment or enhance
the current Service, including the release of new Yahoo! properties, shall be
subject to the TOS. You understand and agree that the Service is provided
"AS-IS" and that StoryRight assumes no responsibility for timeliness,
deletion, errors, or failure to store any information.
You also understand and agree that the Service may include certain
communications from StoryRight, such as service announcements, administrative
messages, and product updates. You are responsible for obtaining access to
the service, which may involve third-party fees (such as Internet service
provider or airtime charges).
3. ACCOUNT STRUCTURE
Subscription accounts are available for term-based fee and offer users.
Subscription accounts are nontransferable and non-refundable. Once a username
is chosen and paid for, that user generally retains it until their story
information is deleted, by the user or after a set period inactivity
determined by StoryRight. Lifetime Memberships: These accounts have access to
all the paid account features for as long as the Service continues to run,
with no recurring fees. By using the Service, you agree to this structure, and
to StoryRight's right to change, modify, or discontinue any type of account
and/or its respective services.
4. YOUR REGISTRATION OBLIGATIONS
Account registration and verification is required in order to create a
StoryRight account. During registration, all users are required to provide
accurate, complete and current information about themselves in all required
fields. Should any of your own information change after submitting it to
StoryRight, you are required to update that information as soon as possible.
Should StoryRight suspect that your personal information is not complete,
current, or accurate, your account may be subject to suspension or
termination. Should you feel that StoryRight's privacy policy is not
sufficient for you to complete the registration form truthfully, please email
your policy concerns to privacy@StoryRight.com. Users under 13 years of age
are required to have a parent or guardian review and complete the registration
process, which may include age verification steps in addition to the standard
process.
5. STORYRIGHT.COM PRIVACY POLICY
Your use of the Service is subject to StoryRight's privacy policy. For
information on StoryRight's privacy practices, please see the entire privacy
policy at http://www.storyright.com/privacycopyright.htm.
6. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account and are fully responsible for all
activities that occur under your password or account. You agree to (a)
immediately notify StoryRight of any unauthorized use of your password or
account or any other breach of security, and (b) ensure that you exit from
your account at the end of each session. StoryRight cannot and will not be
liable for any loss or damage arising from your failure to comply with this
Section 6.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Content. Specifically, you
agree to comply with all applicable laws regarding the transmission of
technical data exported from the United States or the country in which you
reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
StoryRight does not claim ownership of Content you submit or make available
for inclusion on the Service. However, with respect to Content you submit or
make available for inclusion on publicly accessible areas of the Service, you
grant StoryRight the following worldwide, royalty-free and non-exclusive
license(s), as applicable:
* With respect to Content you submit or make available for inclusion on
publicly accessible areas of StoryRight Groups, the license to use,
distribute, reproduce, modify, adapt, publicly perform and publicly display
such Content on the Service solely for the purposes of providing and promoting
the specific StoryRight Group to which such Content was submitted or made
available. This license exists only for as long as you elect to continue to
include such Content on the Service and will terminate at the time you remove
or StoryRight removes such Content from the Service.
"Publicly accessible" areas of the Service are those areas of the StoryRight
network of properties that are intended by StoryRight to be available to the
general public. By way of example, publicly accessible areas of the Service
would include StoryRight Open Community Services and portions of StoryRight
Groups that are open to both users and visitors.
9. INDEMNITY
You agree to indemnify and hold StoryRight and its subsidiaries, affiliates,
officers, agents, employees, partners and licensors harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to
or arising out of Content you submit, post, transmit or otherwise make
available through the Service, your use of the Service, your connection to the
Service, your violation of the TOS, or your violation of any rights of
another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit
for any commercial purposes, any portion of the Service (including your
StoryRight ID), use of the Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that StoryRight may be required to send you emails regarding
your use of the Service; however, we will never ask you to submit additional
personal information or to verify the status of information related to your
account in any such email. You acknowledge that StoryRight may establish
limits concerning use of the Service and may modify these limits at any time.
You acknowledge that StoryRight reserves the right to log off accounts that
are inactive for an extended period of time. You further acknowledge that
StoryRight reserves the right to modify these general practices and limits
from time to time.
12. MODIFICATIONS TO SERVICE
StoryRight reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that StoryRight shall not be liable to you
or to any third party for any modification, suspension or discontinuance of
the Service.
13. TERMINATION
You agree that StoryRight may, under certain circumstances and without prior
notice, immediately terminate your StoryRight account, any associated email
address, and access to the Service. Cause for such termination shall include,
but not be limited to, (a) breaches or violations of the TOS or other
incorporated agreements or guidelines, (b) requests by law enforcement or
other government agencies, (c) a request by you (self-initiated account
deletions), (d) discontinuance or material modification to the Service (or any
part thereof), (e) unexpected technical or security issues or problems, (f)
extended periods of inactivity, (g) engagement by you in fraudulent or illegal
activities, and/or (h) nonpayment of any fees owed by you in connection with
the Services. Termination of your StoryRight account includes (a) removal of
access to all offerings within the Service, (b) deletion of your password and
all related information, files and content associated with or inside your
account (or any part thereof), and (c) barring of further use of the Service.
Further, you agree that all terminations for cause shall be made in
StoryRight's sole discretion and that StoryRight shall not be liable to you or
any third party for any termination of your account, any associated email
address, or access to the Service.
14. LINKS
The Service may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because StoryRight has no control over such sites
and resources, you acknowledge and agree that StoryRight is not responsible
for the availability of such external sites or resources, and does not endorse
and is not responsible or liable for any Content, advertising, products or
other materials on or available from such sites or resources. You further
acknowledge and agree that StoryRight shall 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, goods or
services available on or through any such site or resource.
15. STORYRIGHT'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in
connection with the Service ("Software") contain proprietary and confidential
information that is protected by applicable intellectual property and other
laws. You further acknowledge and agree that information presented to you
through the Service is protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws. Except as expressly authorized
by StoryRight, you agree not to modify, rent, lease, loan, sell, distribute or
create derivative works based on the Service or the Software, in whole or in
part.
StoryRight grants you a personal, non-transferable and non-exclusive right and
license to use the object code of its Software on a single computer; provided
that you do not (and do not allow any third party to) copy, modify, create a
derivative work from, reverse engineer, reverse assemble or otherwise attempt
to discover any source code, sell, assign, sublicense, grant a security
interest in or otherwise transfer any right in the Software. You agree not to
modify the Software in any manner or form, nor to use modified versions of the
Software, including (without limitation) for the purpose of obtaining
unauthorized access to the Service. You agree not to access the Service by any
means other than through the interface that is provided by StoryRight for use
in accessing the Service.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. STORYRIGHT 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.
(b) STORYRIGHT MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE
SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL
BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS 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 OR OTHER
LIABILITYTHAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM StoryRight.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TOS.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT STORYRIGHT SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF STORYRIGHT HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY
TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY
OTHER MATTER RELATING TO THE SERVICE.
18. U.S. GOVERNMENT RESTRICTED RIGHTS
The materials on StoryRight are provided with "RESTRICTED RIGHTS." Use,
duplication, or disclosure by the U.S. Government is subject to restrictions
as set forth in applicable laws and regulations. Use of the materials by the
U.S. Government constitutes acknowledgment of StoryRight's proprietary rights
in them.
19. NOTICE
StoryRight may provide you with notices, including those regarding changes to
the TOS, by email, regular mail or postings on the Service.
20. GENERAL INFORMATION
The TOS constitutes the entire agreement between you and StoryRight and
governs your use of the Service, superseding any prior agreements between you
and StoryRight (including, but not limited to, any prior versions of the TOS)
and any prior representations by StoryRight. The laws of the State of
California, U.S.A, shall govern the TOS and the relationship between you and
StoryRight. without regard to its conflict of law provisions. You and
StoryRight agree to submit to the personal and exclusive jurisdiction of the
courts located within the county of Baltimore, Maryland, U.S.A. The failure of
StoryRight to exercise or enforce any right or provision of the TOS shall not
constitute a waiver of such right or provision. If any provision of the TOS is
found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions of
the TOS remain in full force and effect. You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising out of or
related to use of the Service or the TOS must be filed within one (1) year
after such claim or cause of action arose or be forever barred. The section
titles in the TOS are for convenience only and have no legal or contractual
effect.
21. VIOLATIONS
Please report any violations of the TOS to our Customer Care group.
23. REVISIONS
StoryRight may at any time revise these Terms of Service by updating this
posting. By using this Site, you agree to be bound by any such revisions and
should therefore periodically visit this page to determine the then-current
Terms of Service to which you are bound.