Last Updated: February 23, 2015
The following is an agreement between Storybird Inc. (“Storybird”, “us”, “our” and “we”), and any person or other legal entity, (“you”, “your” or “account holder”) who wishes to use the Storybird website or any mobile or other apps that we provide (together, the “Site”, and together with the service provided on our website or through any mobile or other apps that we provide, the “Service”), whether as the holder of an account on the Site (“Member”) or merely to browse the Site (Members and other users of the Site are collectively described in this agreement as “Users”).
Some Members are artists (“Artists”) and/or writers (“Writers”) who license their Content on the Site for commercial purposes and who may earn royalties from the use of their Content in connection with the Site. You must apply and be pre-approved by us before becoming an Artist or Writer. More information about how the Artist and Writer programs works, including on how you apply to become a Storybird-approved Artist or Writer, is available here and here.
This agreement (“Agreement”) consists of these terms and conditions, and any other terms incorporated in these terms and conditions by reference, and any information that you provide to us as part of our registration processes. By using the Site in any way, including browsing the Site or completing the Member registration process, you enter into and are bound by this Agreement.
If you are under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
Welcome to the Storybird Site. Except as expressly permitted on the Site (for example, the use by Artists to earn payments from our use of their Content), the Service is for personal and non-commercial use only, and may not be used for any purpose not expressly permitted by this Agreement. In addition, you may not reproduce, copy, duplicate, sell or resell any part of the Service.
Your use of the Service, including new features and enhancements to the Service, is entirely conditioned on and subject to your compliance with this Agreement. If you do not agree with this Agreement, you should leave the Site and discontinue use of the Services immediately. Please read this Agreement carefully and save it. If you wish to become a Member, communicate with other Members through the Site and make full use of the Services, you must read this Agreement and indicate your acceptance during the registration process.
You may not change, supplement or amend this Agreement in any manner. Storybird may unilaterally amend or supplement this Agreement from time to time. Storybird will notify you of any amendments at the email address you provide to us on registration, or we will post a notice visible to you the next time you access the Site or use the Service, and we will give you the opportunity to terminate this Agreement if you do not agree with such amendments. If you do not agree with the amendments you must terminate your Member account and cease use of the Site and the Service. Your use of the Site or the Service after notice of an amendment to the Agreement is your agreement to that amendment. Please note that it is your responsibility to keep your registration information with us, including your email address for notification purposes, up-to-date. Any such amendments that amend the licenses provided in this Agreement shall amend any licenses granted before the amendment takes effect, as well as any granted after the amendment takes effect. These terms shall always bear a “last updated” date at the top of the page showing the date on which they were last updated.
Any breach or non-compliance of any of these User Conduct terms will entitle Storybird to immediately and without notice (i) terminate any Member account, which could result in the permanent loss of any data in the account and any User Content of the Member, and (ii) block you from any further use of the Site and Service.
Storyspotters are Storybird volunteers who help us identify special stories. If you apply to be a Storyspotter, we have sole discretion over whether to accept you. Work you perform using the Service as a Storyspotter is volunteer activity and you are not entitled to any compensation for that activity. We may make certain Storybird benefits available from time to time for Storyspotting: these are entirely within our discretion and may be changed at any time. We may impose further eligibility requirements for certain of such benefits. Any intellectual property you create in the performance of Storyspotting is licensed to us non-exclusively in perpetuity on a royalty-free basis, and we can use such intellectual property for any purpose whatsoever and transfer such license to any other person. Finally, you may encounter personal information included in stories by their authors, before it has been edited out in our editing process. You agree to keep all such information confidential and to not use it for any purpose except the tasks you perform as a Storyspotter.
Basic use of the Service is free. Certain products and services are available through the Service on payment of a fee or fees. You agree that you will pay for all products and services you purchase through the Service, and that we may charge your credit card or other form of payment for any products and services purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing us with a valid credit card (or other form of payment accepted on the Site) for payment of all fees. All fees will be billed to the credit card or other form of payment you designate during the registration or payment process. If you want to designate a different credit card or if there is a change in your credit card account status, you must change your information online in the Account information section of the Site.
Your total price will include the price of the product or service plus any applicable sales tax; such sales tax is based on the bill-to address and the sales tax rate in effect at the time you purchase the product.
All sales are final and non-refundable, including in the event of termination of your account on the Site.
Prices offered via the Service may change at any time, and the Service does not provide price protection or refunds in the event of a price reduction or promotional offering.
The Service may from time to time pay Members for certain rights to User Content they provide to the Site, or provide for other payments to Members. The Site contains descriptions of any payments to which Members may be entitled. We may without prior notice change at any time any program under which Members receive payments in connection with the Service, provided that no change shall affect any such payment due to you prior to such change. No amounts other than those described on the Site, or in Member payment information that we provide to you specifically for that purpose, is due to you in connection with User Content you provide to us or with your use of the Service.
In particular, the following is not included in any calculation of any amounts due to you:
Under the Storybird Class Fundraiser Program, educators (“Teachers”) can join Storybird as Members and hold Storybird class fundraisers (“Class Fundraisers”). The Teacher’s students participating in the Class Fundraiser (“Students”) invite their families and friends to purchase Storybird books made from Student stories, and every order that is purchased through us during an applicable Class Fundraiser, Storybird will pay USD$5 to the respective Teacher. (These funds are paid to the Teacher through Paypal once the Class Fundraiser is over.)
More information about the Storybird Class Fundraiser Program is available here.
You are responsible for maintaining up-to-date information for payments to be made to you, and we are not responsible for any loss you suffer as a result of your failure to do so. We are not responsible for any fees or other charges, including currency exchange fees or changes in amounts caused by changes in currency exchange rates, imposed or charged by any payment intermediary used to make payment to you (including Paypal).
Our calculation of amounts due to Members is the definitive calculation of such amounts, and is final. We will pay such amounts to Members using Paypal or such other payment intermediary as we may from time to time use. No amounts will be paid to you unless your account with us, net of any amounts you owe to us, has accrued at least USD$100 (except in the case of Class Fundraisers).
Any amounts we pay you include any sales or other taxes due on such amounts in connection with its payment to you. All such taxes are for your account, and are not our responsibility, and you agree to pay all such taxes on any amounts paid by us to you. We have the right to withhold from any amounts due to you hereunder any amounts in respect of taxes that we are, or reasonably believe we are, required to withhold from you in respect of taxes due from you.
You agree that we may deduct or set-off any amounts you owe to us from any amounts due to you from us.
If your account on the Site is terminated, we cannot make further payments to you, and our obligation to make any further payment to you in connection with the Site or any Content on the Site ceases.
Third Party Content. Content created by third parties is made available to you through the Services. You agree that Storybird is not responsible for any such Content, including information about third party products or services; that Storybird makes no guarantees about the accuracy, currency, suitability, or quality of such Content; and that Storybird assumes no responsibility for unintended, objectionable, infringing, inaccurate, misleading, or unlawful Content made available by other Users, advertisers, and third parties.
Responsibility. Your interactions with other Users or third parties, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User or third party. The foregoing also applies to any interaction between Members (including the contribution and/or receipt of any Content) in the course of using the Site. You agree that Storybird will not be responsible for any loss or damage incurred as the result of any such interactions and dealings listed in this section or with respect to any other User’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including any User) in relation to the use of the Site, we are under no obligation to become involved; however, Storybird reserves the right to monitor disputes between you and other Users. You hereby release Storybird, its directors, officers, employees, agents and shareholders (the “Storybird Parties”) from all claims, demands, losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that are either directly or indirectly related to or arise from any interactions with other Users or their Content or any third party through or in relation to the Site or the Service.
In order to ensure that Artists and Writers are free to receive User suggestions and feedback, and to engage with Users about their work, if you use the Site or the Service you agree that you have no claim against, and you hereby release, all past, current and future Artists and Writers and their respective heirs, executors, administrators, successors and permitted assigns (the “Releasees”), from any of and from any and all actions, causes of action, claims, suits, liabilities, debts, covenants, contracts, accounts, duties, demands whatsoever at law or in equity (“claims”) you have had, have or may in the future have against any of them or arising from or relating to your activity on the Site or your User Content, including any comments, feedback, suggestions or communications you direct at an Artist or Writer, except for claims of an Artist’s or a Writer’s direct and material infringement of your copyright in original work created by you (an “Infringement”). In particular, if you use the Site or the Service you have no claim for royalties or any other payment, attribution or any other moral or other rights against any Releasee arising from their or your use of any of the Site, the Service or your User Content, unless in connection with an Infringement that you prove in a final, non-appealable judgment issued by a court of competent jurisdiction. You agree that if we ask you to, you will at the Releasee’s expense and without further consideration, execute or cause to be executed all such further deeds, documents, writings or other instruments and give all such further assurances as may be required by a Releasee to effectively carry out the intent and meaning of this paragraph. You also agree that each Releasee is an intended third party beneficiary of your promises in this paragraph, and that they may rely upon them to the same extent as if they were a direct party to this Agreement.
Notwithstanding any other provision of this Agreement, Storybird is under no obligation to refrain from reproducing, publishing or otherwise using any communications, other than personal information, you send to or receive from us by electronic mail or other electronic means, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose, including the developing, manufacturing and/or marketing or products or services incorporating such information. You hereby waive and release us from any interest or claims you may have had, have or in the future have in any such ideas, inventions, concepts, techniques or know-how, and in any such developments, manufactures, products or services. Please don’t send us any such communications if you want to preserve any interest or rights you may have in them.
Storybird respects intellectual property rights. If you believe that any Content on the Site infringes on another's intellectual property rights you may contact us with the contact information on the Site. Storybird reserves the right to remove Content and User Content without prior notice. Storybird may also terminate a Users’ access to the Site, immediately and without notice, if Storybird believes, in its sole discretion, that the User is infringing any third party rights (including but not limited to any copyright, patent, trademark, trade secret, other intellectual property rights, moral rights, privacy rights or publicity rights).
You agree to indemnify and hold harmless the Storybird Parties from any damage, liability, cost, expense, loss, claim or demand (collectively, “Losses”) including reasonable lawyers’ fees, due to or arising out of your use of the Site or the Services, including your breach of this Agreement, and including also any claims that Content provided by you to us or Members infringes the intellectual property or other rights of any third party.
Storybird is not responsible or liable in any manner for any Content posted by third parties on the Site or available from third parties in connection with the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what Users do, post, transmit or share on the Site.
Under no circumstances will Storybird be responsible for any loss or damage, including any loss or damage to any User Content, or for personal injury or death, resulting from anyone's use of the Site or the Service, any Content posted on or through the Site, or any interactions between users of the Site, whether online or offline. You post Content on the Site at your own risk.
Storybird expressly disclaims all warranties of any kind, whether express or implied, including such warranties as may be applicable under Sale of Goods legislation or other statutes, and including but not limited to the implied warranties of merchantability, fitness for a particular purpose, performance and non-infringement, or of availability or results. Storybird does not warrant that (i) the Service will meet your specific 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 Service or any software will be corrected.
In no event will the Storybird Parties be liable to you for any indirect, consequential, exemplary, incidental, special, aggravated, exemplary or punitive damages, or damages for loss of profits, goodwill, use, data or other intangible losses, whether arising out of contract, tort, negligence (including strict liability), warranty, indemnity or otherwise, arising from your use of the Site or the Service, or any of the Site Content or other materials on, accessed through or downloaded from the Site or the Service, even if the Storybird Parties are aware or have been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained in this Agreement, the Storybird Parties’ maximum aggregate liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Storybird for the Service during the one month prior to the time the liability arose, or, if amounts are due to you by Storybird pursuant to Section 7, our aggregate liability to you for such unpaid amounts shall be the aggregate amount of such unpaid amounts. You acknowledge that if no fees are paid to Storybird for the Service or due to you under Section 7, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from the Storybird Parties, regardless of the cause of action.
The communications between you and Storybird use electronic means, whether you visit the Site or use the Service or send Storybird e-mails, or whether Storybird posts notices on or through the Site or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Storybird in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Storybird provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in writing. The foregoing does not affect your statutory rights.
This Agreement continues until terminated by either Storybird or you. Storybird reserves the right to refuse access to the Service to any person at any time for any reason, or for no reason, in its sole discretion.
Storybird may terminate this Agreement and your account, delete your account and any Content or information that you have posted on the Site or and/or prohibit you from using or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site) for any reason, or no reason, at any time in its sole discretion, with or without notice. If we terminate your account or this Agreement, our license to your User Content shall continue as described in Section 3(d) of this Agreement.
If you terminate this Agreement, the effective time of termination is the later of the effective time you specify in your notice and a reasonable period of time, not less than 30 days, after we receive your notice. Notices are automatically sent to us when you delete your Storybird account or shop and its contents. After termination of your license to us with respect to all of the User Content you contribute to the Site or termination of your account, you will no longer have access to your account and all information contained therein may be deleted. If you need assistance, please contact us at the technical support contact information available on the Site.
Upon termination of this Agreement, for whatever reason, Section 3(d) and (f), 4(a), 6, 7, 9, 10, 12, 13, 14, 15, 16, 17 and 18 shall continue to apply following the termination.
The Agreement and the relationship between you and Storybird shall be governed by and construed and interpreted in accordance with the laws of Ontario, Canada and the federal laws of Canada applicable therein.
Any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) arising out of or relating to this Agreement; (b) the Services; (c) oral or written statements, advertisements or promotions relating to this Agreement or to the Services; or (d) the relationships that result from this Agreement or the Services (collectively, a “Claim”) will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
If you choose to access the Site from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify the Storybird Parties for your failure to comply with any such laws.
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