By checking the below “I agree” checkbox, you accept and agree to be bound by the following terms relating to your use of Video Creator to create, upload or otherwise provide content to Target:
1. You agree that any Content submitted by you will not (i) violate the Terms of Use posted at http://www.target.com/c/terms-conditions/-/N-4sr7l; (ii) violate any right of any third party, including without limitation, copyright, trademark, privacy or other personal or proprietary right(s); or (iii) cause injury to any person or entity. You further agree that no Content submitted by you will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
2. You acknowledge that Target reserves the right (but not the obligation) to monitor and edit or remove, in its sole discretion, any Content from the Target sites for any reason whatsoever.
3. You agree to abide by the following Terms of Service. Although you may assent to separate terms and conditions when using the Video Creator for the first time, the following Terms of Service will exclusively control your use of the Video Creator in creating, uploading or otherwise providing content in the Target workspace:
Terms of Service
Please read carefully the following terms and conditions (the “Terms“, or the “Terms of Service“), before using Video Creator(the “Platform“) powered by StoryXpress, Inc. By registering or using the Platform you agree to follow and be bound by the Terms. If you do not agree with the Terms, you may not use the Platform.
Please note that these Terms of Service shall replace and supersede any separate terms and conditions contained in any click-through use agreement you may assent to while accessing the Service.
The Terms apply to manufacturers, as well as retailers (collectively “Manufacturers” or “you”), that may use the Service or be affected by the Service, directly or indirectly.
The Platform permits Manufacturers to submit, and update Content to create the videos and publish on Target’s websites. “Content” may include, images and text.
By accessing and using the Platform, you represent, warrant and covenant that: (1) you are the owner of all rights in and title to the Content you submit on the Platform, or you are legally authorized or licensed by the owners of the Content to use and allow the use of the Content under the Terms; (2) you will not use the Platform to create unlawful content, which is prohibited under any applicable law, including by court injunctions or restraining orders; (3) the Content you submit on the Platform do not breach any duty toward or infringe any rights of any person or entity including, without limitation, intellectual property rights, the right of publicity, the right to privacy, or rights or duties under consumer protection, product liability, tort, or contract theories, or constitute libel, slander or defamation, or include material which is obscene, pornographic, or adult-oriented; (4) you are solely and exclusively responsible for the Content that you submit on the platform, and you shall make all reasonable efforts to verify that such Content is accurate, up-to-date and lawful ; and (5) you are duly authorized to enter into these Terms of Service and to perform your duties and obligations hereunder.
You agree to: (1) comply, at your expense, with all statutes, regulations, rules and ordinances of any governmental body, department or agency which apply to or result from your obligations under these Terms; (2) take full account for all acts or omissions associated with your access or use of the Platform; (3) comply with all instructions and technical specifications provided by StoryXpress to enable the proper functionality of the Platform; and (4) communicate your requests, queries and other submissions with respect to the access or use of the Platform, directly and only to StoryXpress.
By submitting Content of a product, you represent and warrant that you are the product owner or that you have received authorization from the product owner to submit such Content. You will submit Content only to the product detail pages which correspond to such Content.
Registration and User account
When you register with the Platform, StoryXpress may ask you to provide certain contact and personal details. You must submit only true, complete and accurate details. False, incorrect, or outdated information may prevent you from registering, and may further impair StoryXpress ability to contact you. StoryXpress will indicate the fields for mandatory completion. If you do not enter the requisite data in these fields, you will not be able to register with the Platform.
To log in, you must use your e-mail address and password. From time to time, StoryXpress may establish and require additional or different means of identification and authentication for logging in and accessing the Service.
You agree to maintain your password in absolute confidentiality and refrain from disclosing the password to others. You assume full responsibility for any outcome of your failure to provide true, accurate and complete details in the course of the registration process, or your conveyance of your log in details to a third party.
You may terminate your account at any time, by sending a written notification through e-mail to: support@storyxpress.co . We may require you to verify your termination notice by sending us an additional termination request message by e-mail, as a prerequisite for terminating your account. Your account will terminate 15 days following your notification, and from that date of termination you will no longer be able to access your account.
Notwithstanding any remedies that may be available to StoryXpress under any applicable law, StoryXpress may temporarily or permanently deny, limit, suspend, or terminate your account, remove content from the platform, and take technical and legal steps to keep you off the Platform if StoryXpress believes that: (1) you have abused your rights to use the Platform; (2) you have breached the Terms; or (3) you have performed any act or omission which is harmful or likely to be harmful to StoryXpress, or to any third party, including other retailers or manufacturers. StoryXpress may send you a notice within a reasonable period of time prior to the termination or suspension of your account.
Furthermore, you acknowledge that the Target may prevent Content from being deployed or syndicated to its website due to factors determined by Target that are beyond StoryXpress control.
Intellectual property
All Content published through the Platform may be subject to copyright and other intellectual property rights. You represent and warrant that you will abide by all applicable laws and all copyright notices, restrictions and signs indicating proprietary rights, such as a copyright mark [©] or trademark [® or ™] contained in, applied to, or accompanying the Content through the Platform.
By submitting Content to the Platform, you grant StoryXpress a royalty free, worldwide, non-exclusive, license to store the Content, on StoryXpress computer servers, retaining back up, cached and archived copies of the Content and using the Content in any other reasonable manner in connection with providing the video creation service.
In addition, by submitting Content on the Platform, you grant Target and its affiliates a royalty free, worldwide, non-exclusive license to use all or a portion of the Content in any medium for its business purposes in connection with the promotion and sale of the product(s) referred to in such Content.
As between you and StoryXpress, all rights, title and interest, including patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, in and to the Platform, including computer code, graphic design, lay-out and the user interfaces of the Platform are owned by, or licensed to StoryXpress.
You shall not use any of the computer code, graphic design, layout and user interfaces (collectively, “Features”) of the Platform. StoryXpress is the sole owner of the Platform, the Features and all associated intellectual property rights.
StoryXpress retains all trademark or service mark rights in the Platform, and all applicable marks and logos, whether registered or not. You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to any of these marks and logos. You may not dilute or tarnish the goodwill of StoryXpress or its marks and logos.
You grant StoryXpress a royalty free, worldwide non-exclusive license to use your name, trade marks, service marks and logos on the StoryXpress network, and in presentations, customer lists, financial reports, website listings of customers, press releases and marketing materials.
Requests to remove Content
StoryXpress respects the intellectual property rights of others. Any requests to remove copyright infringing content on the Platform, or counter requests to repost content, on grounds of mistake or misidentification of the content, must be made in accordance with the Copyright Policy.
You agree that StoryXpress may remove Content that you have submitted on the Platform.
Data retention
At all times, StoryXpress may review, retain and disclose any information and communications as may be deemed necessary to satisfy any applicable law, regulation, legal process or governmental request. However, by doing so StoryXpress does not either expressly or impliedly endorse, affirm or in any manner assume any responsibility for such information and communications.
Privacy
StoryXpress respects your privacy. The Privacy Policy explains StoryXpress privacy practices. StoryXpress may modify the Privacy Policy from time to time. Whenever you express your consent to the Terms and any amendments made to the Terms, you also acknowledge your consent to the Privacy Policy, as modified from time to time.
NO WARRANTY
STORYXPRESS DOES NOT WARRANT OR GUARANTEE ANY OUTCOME FROM YOUR USE OF THE PLATFORM, INCLUDING WITHOUT LIMITATION, THE IMPACT OF USING THE VIDEOS CREATED FROM THE PLATFORM ON YOUR REVENUE.
STORYXPRESS DOES NOT WARRANT THAT THE PLATFORM WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT THE PLATFORM WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS, OR ERROR. THE USE OF THE PLATFORM IS MADE AT YOUR OWN DISCRETION AND ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
LIMITATION OF LIABILITY
STORYXPRESS, INCLUDING OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS OF STORYXPRESS DISCLAIM LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE PLATFORM, OR IN CONNECTION WITH ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE PLATFORM, ANY FAULT, OR ERROR MADE BY THE STORYXPRESS STAFF OR ANYONE ACTING ON STORYXPRESS’S BEHALF, ANY COMMUNICATION WITH STORYXPRESS, ANY DENIAL, CANCELATION OR REVOCATION OF YOUR USER ACCOUNT, ANY CONSEQUENCES RELATING TO THE USE OF ANY APPLICATION, COMPUTER CODE AND OTHER TECHNOLOGICAL MEANS PROVIDED BY THE PLATFORM, OR USED BY STORYXPRESS TO PROVIDE AND ADMINISTER STORYXPRESS’ SERVICES, ANY RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT OR PERSONAL DETAILS.
Changes to the Terms
StoryXpress may change the Terms, including any and all documents, forms and policies incorporated thereto, from time to time. Substantial changes will take effect 15 days after StoryXpress has posted an initial notification on the Service or by other ways such as E-mail messages. Other changes will take effect immediately after being made. However, any amendment made to comply with any legal requirements will take effect as legally required.
You agree to be bound by any and all changes made in the Terms, including changes to any and all documents, forms and policies incorporated thereto. Continuing to use the Platform indicates your acceptance of the amended Terms. If you do not agree with the amended Terms, then you must cease any further use of the Platform.
You are advised to periodically read the Terms.
Governing Law, Jurisdiction and dispute resolutionChanges
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Delaware other than its conflict of laws principles. The parties agree that in the event that any suit or proceeding is brought in connection with this Agreement, such suit or proceeding shall be brought in the state or federal courts located in New Castle County, Delaware, and the parties shall submit to the exclusive jurisdiction of such courts and waive any and all jurisdictional, venue and inconvenient forum objections to such courts.
Notices Contact
StoryXpress may contact you and send you notices and messages via e-mail, regular mail, Fax messages and through other means, as may be available from time to time.
You may contact StoryXpress by sending an email to support@storyxpress.com. Your message will be deemed as received only following an actual receipt of the notice by StoryXpress.
General
The Terms constitute the entire agreement between you and StoryXpress with respect to the use of the Platform and supersedes any and all other agreements with respect to the Platform. No waiver, concession, extension, representation, alteration, addition or derogation from the Terms, or pursuant to the Terms, will be effective unless consented to explicitly and executed in writing by both parties.
The Terms do not create in any way a partnership, joint venture, employment relationship, franchise, agency or any other similar relationship between StoryXpress and you, and nothing in the Terms will be interpreted or construed as creating or establishing any such relationship.
As between you and StoryXpress, the Terms will take precedence over all documents, forms and policies incorporated thereto, unless specifically indicated in such documents that a certain provision takes precedence over the conflicting provision of the Terms. Notwithstanding the foregoing, the Terms will take precedence over any separate terms and conditions contained in a click-through use agreement you assent to while accessing the Platform.
Failure on the part of StoryXpress to demand performance of any provision of the Terms will not constitute a waiver of any right under the Terms.
All provisions of the Terms which by their nature should survive termination, will survive termination, including, without limitation, the intellectual property, disclaimer of warranty, limitation of liability and indemnification sections.
At any time, StoryXpress may transfer ownership, rights in and title to the Platform, or any part thereof to any third party.
You may not assign, transfer, delegate, sublicense, or otherwise deal with or dispose of any of your rights or obligations under the Terms, without the prior explicit and written consent of StoryXpress. Any attempted assignment without StoryXpress’s consent is void.
The section headings in the Terms are included for convenience only.
Severability
If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision will be performed and enforced to the maximum extent permitted by law, and the remaining provisions of the Terms will continue to remain in full force and effect.
(PUBLISHED: January 15, 2018)
