By checking the below “I agree” checkbox, you accept and agree to
be bound by the following terms relating to your use of the Video
Creator to create videos and/or the Video Publisher to upload
videos or otherwise provide content to Target, Best Buy, Walmart,
Amazon, and Shopify:
You agree that any Content created and/or submitted by you will
not
1. Violate the Terms of Use posted at the respective e-commerce
platform or hosting service (e.g.,
https://www.target.com/c/terms-conditions/-/N-4sr7l for Target and
https://partners.bestbuy.com/terms for Best Buy).
2. Violate any right of any third party, including without
limitation, copyright, trademark, privacy, or other personal or
proprietary right(s).
3. Cause injury to any person or entity.
4. Be or contain libelous 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”.
You acknowledge that Target and Best Buy reserve the right (but
not the obligation) to monitor and edit or remove, in their sole
discretion, any Content published to their platforms for internal
or external use via StoryXpress Video Creator from their sites for
any reason whatsoever.
You understand that StoryXpress Video Creator offers certain
specialized templates restricted to certain retailers and
e-commerce platforms. Content created using such templates can not
be used beyond those retailers and e-commerce platforms.
You agree to abide by the following Terms of Service. Although you
may assent to separate terms and conditions when using the Video
Creator and/or the Video Publisher for the first time, the
following Terms of Service will exclusively control your use of
the Video Creator and/or the Video Publisher in creating,
uploading, or otherwise providing content in the specified
e-commerce workspaces.
Terms of Service
Please read carefully the following terms and conditions (the
“Terms“, or the “Terms of Service“), before using Video Creator
and/or Video Publisher (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
shall 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 videos and publish them on specified e-commerce websites.
“Content” may include text, images, and videos.
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 does not breach any duty
toward or infringe any rights of any person or entity, including,
without limitation, intellectual property rights, the right to
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.
5.You are duly authorized to enter into these Terms of Service and
to perform your duties and obligations hereunder.
You further 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.
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's 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 the conveyance of your login 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 from your
registered email address used to sign up and create your account
in the first place. 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.
(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 Target, Best Buy, Walmart,
Amazon, and Shopify may prevent Content from being deployed or
syndicated to their websites due to factors determined by them
that are beyond the control of StoryXpress.
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 backup, 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 (including Best Buy,
Walmart, Amazon, and Shopify) a royalty-free, worldwide,
non-exclusive license to use all or a portion of the Content in
any medium for their 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, layout, 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, trademarks,
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's 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
ERRORS. 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 Resolution
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 the 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, 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.
(UPDATED: November 21, 2023)
