1.2 Although we may attempt to notify you when major changes are made to the terms of service, you should periodically review the most up-to-date version. StoryOrigin may, in its sole discretion, modify or revise the Agreement at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
1.3 The Website is offered for those who are 18 years of age or older. By using the Website, you represent and warrant that you are of legal age to form a binding contract.
2.1. The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to StoryOrigin, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be copied, modified, produced, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, translated, published, performed or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. StoryOrigin reserves all rights not expressly granted in and to the Website and the Content. You must retain all copyright and other proprietary notices contained in the original Content in any copy you make of the Content.
2.2 You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Website in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, StoryOrigin grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials. StoryOrigin reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including names or email addresses or pen names, from the Website for any commercial solicitation purposes.
2.3 StoryOrigin will not be liable if for any reason if all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some or part of the Website or to the entire Website to users.
2.4 The Website may contain links to third party websites that are not owned or controlled by StoryOrigin. StoryOrigin has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, StoryOrigin will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve StoryOrigin from any and all liability arising from your use of any third-party website.
2.5 StoryOrigin does not endorse any opinion, recommendation, or advice expressed in content submitted to the Website, and StoryOrigin expressly disclaims any and all liability in connection with such submissions. StoryOrigin does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and StoryOrigin will remove all Content if properly notified that such Content infringes on another's intellectual property rights or contravenes any applicable privacy legislation. StoryOrigin reserves the right to remove Content without prior notice.
2.6 StoryOrigin participates in affiliate programs with third party websites, which offer a commission for qualifying purchases made by a customer delivered by StoryOrigin to an online storefront. Any and all commissions that StoryOrigin receives through StoryOrigin's participation in affiliate programs shall be retained in their entirety by StoryOrigin.
2.7 If you believe that materials on the Website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed. Notices and counter-notices must meet the then-current statutory requirements of the Digital Millennium Copyright Act of 1998 (see http://www.loc.gov/copyright for details). Notices and counter notices with respect to the Website should be sent to StoryOrigin at: firstname.lastname@example.org
2.8 Fees and Services. We charge fees for certain services. When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our schedule of fees and charges, which may change from time to time and will update you by placing on our Website. We may choose to temporarily change the fees for our services for promotional events or new services and such changes are effective when we post the temporary promotional event or new services on the Website. Unless otherwise stated, all fees are quoted in United States Dollars.
3.1 As a StoryOrigin user you may submit textual, audio, visual, or audiovisual files and content. User submitted content are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, StoryOrigin does not guarantee any confidentiality with respect to any User Submissions.
3.2. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting such content to StoryOrigin, you hereby grant StoryOrigin a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, distribute, display, and perform the content in connection with the Website.
3.3 You also grant to StoryOrigin a non-exclusive sub-licensable license to make minor changes to User Submissions, as defined above, provided that these changes do not materially alter the meaning, context, narrative, or representation of the User Submission. As an example, we may modify a copy of your User Submission with a "digital watermark" to indicate that it is being given away through a StoryOrigin campaign.
3.4. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize StoryOrigin to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions and have all necessary consents to collect, use and disclose any personally identifiable information contained or displayed in any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and this Agreement.
3.5 By posting a reader magnet, review copy, or other book on StoryOrigin, you represent that you are not forbidden to do so by other Programs in which you are enrolled, such as Amazon's Kindle Direct Publishing Select program. StoryOrigin holds no responsibility for parties who violate the Terms and Conditions of other Programs by using the StoryOrigin service.
3.6 Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS STORYORIGIN AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY STORYORIGIN AND ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER STORYORIGIN OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
3.7 We may read all content posted on the Website or download or access, and test (if necessary), all uploaded files, or other information related to your use of the Website for the purpose of investigating fraud and for risk management and related purposes. However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted nor can we verify the accuracy, completeness or veracity of any such User Submission. Accordingly, we assume no liability for any User Submission or for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
4.1 You are solely responsible for the legality of any reader magnet, review copy or other book whether it's a part of a Campaign on the Website or otherwise. You are solely responsible for maintaining that the digital file you are using to generate a read magnet, review copy, or other book is a valid and up to date version.
5.1 IN NO EVENT SHALL STORYORIGIN, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY, PROPERTY, BODILY, MORAL OR MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS AND CONDITIONS OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT STORYORIGIN SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. StoryOrigin makes no representations that the Website is appropriate or available for use in their locations. Those who access or use the Website do so at their own volition and are responsible for compliance with local law.
6.1 You agree to defend, indemnify and hold harmless STORYORIGIN, its parent corporation, officers, directors, employees and agents, from and against any and all claims, demands, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses, (including but not limited to reasonable legal fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Website.
7.1 StoryOrigin reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to the Website or the Content at any time, for any reason, without prior notice or liability. StoryOrigin reserves the right to change, suspend, or discontinue all or any part of the Website or the Content at any time without prior notice or liability. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. Upon termination: (a) all rights granted to you under this Agreement will also terminate; and (b) you must cease all use of the Website.
7.2 Sections 2 (USE OF CONTENT ON THE SITE), 5 (LIMITATION OF LIABILITY), 6 (INDEMNITY), 7 (TERMINATION OF THE AGREEMENT), and 10 (Miscellaneous) shall survive the termination of this Agreement.
8.1 This Agreement shall be governed and construed in accordance with the laws of Texas, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of this Agreement will not be considered a waiver of those rights. If any provision of this Agreement is held to be invalid or unenforceable by a court, the remaining provisions of this Agreement will remain in effect. This Agreement constitute the entire agreement between us regarding our service, and supersede and replace any prior agreements we might have had between us regarding the service.
9.1 The Content is provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Use of the Website or Content by the Government constitutes acknowledgement of our proprietary rights in the Website and Content.
10.1 At StoryOrigin's sole discretion, it may require you to submit any disputes arising from the use of these terms and conditions or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration in Austin, Texas under the Rules of Arbitration of the American Arbitration Association applying Texas law.
10.2 In the event of a legal notice to you, such notice will be sent by electronic mail or mail, at the StoryOrigin's sole and absolute discretion, to the email or address you provided StoryOrigin during the registration process. Email notices will be deemed given twenty-four (24) hours after email is sent, unless StoryOrigin is notified that the email address is invalid or that the email has not been delivered. You consent to receive notices and information from us regarding the Website and this Agreement by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your account with StoryOrigin.