TERMS AND CONDITIONS
This MAIN SERVICE LEVEL AGREEMENT ("Agreement" and/or "Terms and Conditions" and/or “Terms of Service” and/or “TOS”) is a legal agreement between You (an entity or person) (“You”) and StoryXpress, Inc a Delaware Corporation (here forth referred to as "StoryXpress"), that governs Your limited, non-exclusive, terminable right to use the StoryXpress.co website and related services (“Site”), the servers the Site is stored on, the computer files stored on that server (collectively, the “Service”).
By clicking on the "Accept" button/checking the checkbox on the signup page, or otherwise using the Service, you agree to be bound by the terms of this Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IF YOU REGISTER FOR A TRIAL OF OUR SERVICE, THESE TERMS WILL ALSO GOVERN THAT TRIAL. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT CLICK ACCEPT AND CANNOT USE THE SERVICES. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
We respect the privacy and security of our Users. You understand that by using our Services, you give consent to the collection, use, and disclosure of your personally identifiable information as well as any non-personally identifiable information.
You affirm that you are more than 13 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If you are under 13 years of age, then please do not use our website or our Service.
By connecting to us with a third-party service (CRMs and integrations in general, e.g., MailChimp, Calendly, Intercom, etc.), you give us permission to access and use your information from that service as permitted by that third-party service, to present the information stored in that service to better display information on your StoryXpress account, and to store your log-in credentials for that third-party service. The Service is not available to any User who has been removed from the Service by us.
Your use of the Site following the effective date of any modifications to this agreement will constitute Your acceptance of the Agreement, as modified. You agree that notice on the Site of modifications is adequate notice.
You are allowed to invite two types of user accounts to your StoryXpress Service.
“User” means an employee, consultant, or contractor who is authorized by you to use your StoryXpress account.
“Administrator” means a person authorized to act on behalf of You, who is responsible for the administration and management of Your StoryXpress account. “Users” and “Administrators” must comply with specific obligations, which are set forth specifically when necessary in the Sections below.
Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Service. If you do not agree to be bound by these Terms of Service in their entirety, you may not access or use the Service.
- “Confidential Information” means all trade secrets, know-how, inventions, developments, software and other financial, business or technical information disclosed by or for a party in relation to this Agreement, but not including any information the receiving party can demonstrate is (a) already rightfully known by it without restriction, (b) rightfully furnished to it by a third party without restriction and without breach of any obligation to the disclosing party, (c) generally available to the public without breach of this Agreement or (d) independently developed by it without reliance on the Confidential Information of the disclosing party. All pricing information is StoryXpress’s Confidential Information.
- “Content” means all text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials that may be viewed on, accessed through, or contributed to the Services.
- “Customer Data” means all Customer registration information and other transaction data collected, processed and retained by StoryXpress in connection with providing the Services.
- “Plan” means StoryXpress free or any paid plans, as applicable and as further described on StoryXpress’s website available at: https://storyxpress.co/pricing.
- “Services” means the services hosted by StoryXpress and provided to Customer under this Agreement.
- “Systems” means modems, servers, software, network and communications equipment and anci
- “Updates” means any patch, revision or update to the Services delivered by StoryXpress.
ABOUT THE SERVICE
- The Service allows you to create, record, manage and host videos for your business. StoryXpress integrates with other third party tools like CRMs, Helpdesks and other business tools to help us share data among different tools and setup workflows & automations.
- As a condition of use of the Services, You promise not to use the Services for any purpose that is prohibited by these Terms, or prohibited by the StoryXpress Content Standards policy.
By way of example, and not as a limitation, you shall not upload, submit, distribute, facilitate any of the foregoing, or otherwise use the Services or interact with the Services in a manner that:
- infringes or violates the intellectual property rights or any other rights of any other person or entity (including StoryXpress);
- violates any law or regulation;
- is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, pornographic, contains or depicts nudity, or otherwise objectionable, as determined by StoryXpress in its sole discretion;
- jeopardizes the security of your StoryXpress account or anyone else’s (such as allowing someone else to log in to the Services as you)
- attempts, in any manner, to obtain the password, account, or other security information from any other user;
- violates the security of any computer network, or cracks any passwords or security encryption codes;
- runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
- crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
- copies or stores any significant portion of the Content;
- decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
Additionally, You shall not (directly or indirectly) permit any third party to: (a) use any of StoryXpress’s Confidential Information to create any software, documentation or service that is similar to the Services or any documentation provided in connection therewith; (b) modify, translate, or otherwise create derivative works of any part of the Services, (c) copy, license, sublicense, sell, resell, encumber, rent, lease, time-share, distribute, transfer or otherwise use or exploit or make available the Services in any service bureau arrangement or otherwise for the benefit of any third party without the prior written consent of StoryXpress. You shall abide by all applicable local, state, national and international laws and regulations, including, without limitation, any export control laws or regulations of the United States of America or any other relevant jurisdiction. Finally, you must be a human. Access to the Services by “bots” or other automated methods is not permitted.
- As a condition of use of the Services, You promise not to use the Services for any purpose that is prohibited by these Terms, or prohibited by the StoryXpress Content Standards policy.
QUALITY AND MAINTENANCE
- StoryXpress will use reasonable endeavors to provide the StoryXpress Service with minimum disruptions. However, StoryXpress cannot guarantee that the Service will always function without disruptions, delay or other imperfections. Since the StoryXpress Service will be transmitted through public internet lines and the public switched telephone network, there may be power outages or internet service disruption and you may experience some disruptions e.g. packet loss and delay which will interfere with the quality of our communications.
- StoryXpress may change technical features in order to keep pace with the latest demands and technological developments or to comply with any Applicable Laws. StoryXpress may also have to repair, improve, and/or upgrade the StoryXpress Service and this may require us to restrict, limit, suspend, interfere and/or interrupt the Service at any time at our sole discretion.
StoryXpress grants you a limited, revocable, non-exclusive, non-transferable license to use the Service for your own individual, enterprise, and limited commercial use subject to the other terms of this Agreement.
- You agree not to resell the Service without prior written permission from StoryXpress.
- You may not modify, reverse engineer, decompile or disassemble any part of the Service.
- You may not copy, adapt, alter, modify, translate, or create derivative works of the Service without written authorization of StoryXpress.
- You may not use the Service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another’s privacy, abusive, threatening, obscene or that infringes on the rights or intellectual property of others.
- You may not permit other individuals to use the Service, including but not limited to shared use via a network connection, except under the terms of this Agreement.
- You may not rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Service.
- You may not circumvent or disable any technological features or measures in the Service for the protection of intellectual property rights.
- You may not use the Service in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright law of any jurisdiction.
- Any such forbidden use shall immediately terminate your license to the Service.
- StoryXpress grants you a limited, revocable, non-exclusive, non-transferable license to use the Service for your own individual, enterprise, and limited commercial use subject to the other terms of this Agreement.
LINKS TO OTHER SITES AND/OR MATERIALS
- As part of the Service, we may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. We have no control over Third Party Sites or Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply our approval or endorsement. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies, including these Terms of Service, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the Third Party Site.
- INTELLECTUAL PROPERTY
- You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Service.
- “Customer Content” Customer owns all rights, title and interest in and to the Customer Content. You hereby grant StoryXpress a royalty-free, fully paid-up, irrevocable, worldwide license to exploit the Customer Content as necessary to provide the Services to you. You are responsible for all Customer Content, and you represent and warrant you have all rights necessary to grant the rights in Customer Content set forth in this Agreement.
- “Customer Data” As between the parties, Customer shall own all Customer Data. StoryXpress shall not disclose to third parties or use any Customer Data except as reasonably necessary to provide the Services or to comply with any legal, regulatory or similar requirement or investigation. Notwithstanding the foregoing, during and after the term of this Agreement, StoryXpress may use Customer Data, as combined with other StoryXpress customers’ data, to improve and/or market the Services. Customer hereby grants StoryXpress a nonexclusive and royalty-free right and license to use the Customer Data solely for the purposes described above. Customer agrees to create archival copies or backup copies of all Customer Data.
- Except for the specific rights granted by this Agreement, the receiving party shall not use or disclose any of the other’s Confidential Information without its written consent, and shall use reasonable care to protect the other’s Confidential Information, including ensuring that its employees and contractors with access (a) have a need to know for the purposes of this Agreement and (b) are bound by obligations of confidentiality at least as protective as those provided herein. Each party shall be responsible for any breach of confidentiality by its employees and contractors. Each party may disclose only the general nature, but not the specific terms, of this Agreement without the prior consent of the other party; provided, either party may provide a copy of this Agreement or otherwise disclose its terms in connection with any financing transaction or due diligence inquiry, provided that the party to whom such information is disclosed is bound by confidentiality obligations substantially similar to those herein and the party disclosing such information is responsible for any breaches of confidentiality by the party to whom such information is disclosed
- “Compelled Disclosure” Nothing herein shall prevent a receiving party from disclosing any Confidential Information as necessary pursuant to any court order, lawful requirement of a governmental agency or when disclosure is required by operation of law (including disclosures pursuant to any applicable securities laws and regulations); provided, that prior to any such disclosure, the receiving party shall use reasonable efforts to (a) promptly notify the disclosing party in writing of such requirement to disclose and (b) cooperate with the disclosing party in protecting against or minimizing any such disclosure or obtaining a protective order.
- Promptly after any termination of this Agreement (or at the disclosing party’s request at any other time), the receiving party shall return all of the other’s tangible Confidential Information, permanently erase all Confidential Information from any storage media and destroy all information, records and materials developed therefrom. Notwithstanding the foregoing, StoryXpress may retain and use Customer Data, as combined with other StoryXpress customers’ data, solely to improve and/or market the Services, even after termination of the provision of Services to You.
BILLING, PLAN CHANGE AND REFUND POLICY
- You authorize StoryXpress to charge and/or place a hold on your credit card with respect to any unpaid charges related to the Services. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and You agree that Your acceptance of this Agreement is authorization to the issuer of the credit card to pay all such amounts.
- You authorize StoryXpress and/or any other company acting as billing agent for StoryXpress to charge Your credit card on a recurring monthly basis on the monthly anniversary of Your initial registration for a paid StoryXpress plan and to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to Your credit card until such amounts are paid in full.
- You will provide StoryXpress with updated credit card information upon StoryXpress’s request and any time the information You previously provided is no longer valid. You are solely responsible for maintaining and updating the credit card information. StoryXpress is not liable for any non-sufficient funds or other charges incurred by You as a result of such attempts to charge, and/or place holds on, Your credit card. If You mistakenly provide a debit card number, instead of a credit card number, You authorize all charges described herein to be applied to such debit card unless and until You provide a credit card number.
- For our subscription plans, monthly or annual fees will be charged directly to the credit card you provide to us as specified in our pricing plans found at Pricing Page. Except as provided below, monthly services (and add-ons fees if any) are billed and charged one month in advance, and there is no proportion of such charges if service is terminated on other than the last day of Your billing cycle. You agree to pay for all StoryXpress Services. For annual plans, your billing cycle will be 12 months from the date of payment of your annual plan subscription fees. If any new add-on is added during the billing cycle, an amount equivalent to prorated amount for the remaining period in the billing cycle will be charged on your credit card on file. If you cancel your annual plan subscription during the billing cycle, your subscription will not be renewed after the end of the current billing cycle. No refund will be given for cancellation or add-on removal during the ongoing billing cycle. In case of team member removal, the annual plan subscription amount will be accordingly adjusted (if applicable) for the next billing cycle onwards.
- Renewal. Your subscription to the Services will renew automatically for a Subscription Term equivalent in length to the then expiring Subscription Term. Unless otherwise provided for in any Form, the Subscription Charges applicable to Your subscription to the Services for any such subsequent Subscription Term shall be Our standard Subscription Charges for the Service Plan to which You have subscribed as of the time such subsequent Subscription Term commences. You acknowledge and agree that, unless You terminate Your Account in accordance with Section 11, Your credit card will be charged automatically for the applicable Subscription Charges.
- We may use a third party service provider to manage credit card and other payment processing; provided that such service provider is not permitted to store, retain or use Your payment account information except to process Your credit card and other payment information for Us. You must notify Us of any change in Your credit card or other payment account information, either by updating Your Account or by emailing us at email@example.com
- Refunds. Unless otherwise specified in these Terms or a Form or a Service Plan, all Subscription Charges are non refundable. No refunds shall be issued for partial use or non-use of the Services by You.
- Late Payments/Non-payment of Subscription Charges. We will notify You if We do not receive payment towards the Subscription Charges within the due date for Your Account. For payments made through credit cards, We must receive payments due within a maximum of two (2) days from the date of Our notice and for payments through other accepted methods, We must receive payments within a maximum of fourteen (14) days from the date of Our notice. If We do not receive payment within the foregoing time period, in addition to Our right to other remedies available under law, We may (i) charge an interest for late payment @ 1.5% per month and/or; (ii) suspend Your access to and use of the Services until We receive Your payment towards the Subscription Charges as specified herein and/or; (iii) terminate Your Account in accordance with Section 11.2.
- Applicable Taxes: Unless otherwise stated, the Subscription Charges do not include any taxes, levies, duties or assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). You are responsible for paying the Taxes that would be levied against You by government authorities. We will invoice You for such Taxes if We believe We have a legal obligation to do so and You agree to pay such Taxes if so invoiced.
SUSPENSION AND TERMINATION OF LICENSE
- We shall not be liable to You or any other third party for suspension or termination of Your Account or access to and use the Services, if such suspension or termination is in accordance with this Agreement.
- Suspension and Termination by Us: In addition to suspension for late payment or non-payment of Subscription Charges, We may suspend Your access to and use of Your Account or the Services if You are in violation of the Agreement. We will notify You of Your activities that violate these Terms and, at Our sole discretion, provide You with a period of fifteen (15) days (“Cure Period”) to cure or cease such activities. If You do not cure or cease such activities within said Cure Period or if We believe that Your breach of these Terms cannot be cured, Your Account shall be terminated.
- Termination by You: To close your account and stop billing, You may terminate Your Account by writing to firstname.lastname@example.org or by contacting live support.
Effect of Terminating Your Account:
- Data Export: We strongly recommend that You export all Your Data before You terminate Your Account. In any event, following the termination of Your Account either by You or Us or if You do not subscribe to any paid plan (refer our pricing page) on expiry of Your free trial, Your Data will be retained for a period of 14 days (“Data Retention Period”) from such termination or expiry of free trial within which You may contact Us to export Your Data. Beyond this Data Retention Period, We reserve the right to delete all Your Data in the normal course of operation. Your Data cannot be recovered once it is deleted. Please note that some of your content, data, information, text, files might remain in our backups for a period not exceeding three months.
- Charges: If You terminate Your Account prior to the end of Your then-effective Subscription Term or We effect such termination, in addition to other amounts You may owe Us, You must immediately pay any then unpaid Subscription Charges associated with the remainder of such Subscription Term, unless waived by Us in writing. This amount will not be payable by You in the event You terminate Your subscription to the Services or terminate Your Account as a result of a material breach of these Terms by Us, provided that You provide advance notice of such breach to Us and afford Us not less than thirty (30) days to reasonably cure such breach.
EMAIL MAY NOT BE USED TO PROVIDE NOTICE
- Communications made through the Service’s email and messaging system will not constitute legal notice to the Site, the Service, or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. We may also use your email address to send you other messages, including information about the Site or the Service and special offers. You may opt out of such email by changing your account settings, using the “Unsubscribe” link in the message, or by sending an email to email@example.com
or mail to the following postal address:
44331 Apache Circle
Ashburn VA 20147 USA
Opting out may prevent you from receiving messages regarding the Site, the Service or special offers.
- For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. We may also use your email address to send you other messages, including information about the Site or the Service and special offers. You may opt out of such email by changing your account settings, using the “Unsubscribe” link in the message, or by sending an email to firstname.lastname@example.org or mail to the following postal address:
- The materials appearing on StoryXpress’s Site may include technical, typographical, or photographic errors. StoryXpress does not warrant that any of the materials on its Site are accurate, complete, or current. StoryXpress may make changes to the materials contained on its Site at any time without notice. StoryXpress however, makes no commitment of any kind to update the materials.
ASSUMPTION OF RISK
- You use the Internet solely at Your own risk and subject to all applicable local, state, national, and international laws and regulations. While StoryXpress has endeavored to create a secure and reliable Service, please be advised that the confidentiality of any communication or material transmitted to/from a Service over the Internet cannot be guaranteed. Accordingly, StoryXpress is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. StoryXpress shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using the Service. Any material downloaded or otherwise obtained through the use of the Service is done at Your own discretion and risk. You will be solely responsible for any damage to Your computer system or loss of data that results from the download of any such material.
YOUR RESPONSIBILITY TO PROTECT DATA AND PASSWORD
- It is Your responsibility to protect Your personal data and maintain the confidentiality of Your user information and password. You are also responsible for immediately notifying StoryXpress of any unauthorized use of Your account, or breach of Your account information or password. StoryXpress will not be liable for any loss that You may incur as a result of someone else using Your username or password, either with or without Your knowledge. To the extent allowable by law, You shall be liable for any expenses, including usage charges and fines, fees, civil judgments, and reasonable attorney’s fees for Your failure to safeguard user and password information and/or promptly notify StoryXpress about unauthorized use of Your account or breach of Your account information or password.
PROTECTION OF DATA
- StoryXpress will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of your data.
- The Services may be provided using equipment or facilities located in the European Union or the United States. The Supplier’s US service providers are either Privacy Shield compliant or have executed Standard Contractual Clauses (as approved by the European Commission) that provide legal grounds for assuring that, when processed in the United States, the personal data of EU citizens that are processed when using the Service will receive an adequate level of protection within the meaning of Article 46 of Regulation (EU) 2016/679 (General Data Protection Regulation).
- By agreeing to these Terms, You grant StoryXpress a general authorization in the meaning of Article 28 (2) of Regulation (EU) 2016/679 to engage processors for the purposes of providing the Services. We will inform You of changes in such processors in accordance with the procedure of modifying these Terms.
List of Processors
- Google Cloud
Hosting services in the US
Payment gateway (PCI compliant)
CRM for customer success & marketing
Email API Provider
- Google (Google Analytics)
- In some cases, it is necessary for StoryXpress employees to access your account and content in order to diagnose a problem. When you contact our support team, it is implied that you are allowing StoryXpress employees to access your account if necessary, in order to be helpful. If you wish to receive assistance without granting permission to your account, please specify as much in your communication with our support team and those requests will be honored to the extent possible.
- You agree to indemnify and hold StoryXpress, its parents, subsidiaries, affiliates, officers, partners and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the StoryXpress Service, use of your account by any third party, your violation of these Terms of Service, or any infringement by you or any third party using your account.
- THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES; RELEASE
- TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, THE SERVICE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
MODIFICATION OF Terms of Service
- We can amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this agreement. Your continued use of the Site or the Service signifies your agreement to our revisions to these Terms of Service. We will endeavor to notify you of material changes to the Terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers. No purported waiver or modification of this agreement on our part via telephonic or email communications shall be valid.
- “Governing Law” This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflicts of law provisions. Neither the United Nations Convention on Contracts for the International Sale of Goods nor any enactment of the Uniform Computer Information Transactions Act shall apply to this Agreement. The sole jurisdiction and venue for actions related to this Agreement will be the state or federal courts located in Delaware having jurisdiction over StoryXpress’s offices, and both parties consent to the jurisdiction of such courts with respect to any such action. In any action or proceeding to enforce or interpret this Agreement, the prevailing party will be entitled to recover from the other party its costs and expenses (including reasonable attorneys' fees) incurred in connection with such action or proceeding and enforcing any judgment or order obtained.
- “Remedies” Except as specifically provided otherwise, each right and remedy in this Agreement is in addition to any other right or remedy, at law or in equity. Each party agrees that, in the event of any breach or threatened breach of Section 5, the non-breaching party may suffer irreparable damage for which it may have no adequate remedy at law. Accordingly, the non-breaching party shall be entitled to seek injunctive and other equitable remedies to prevent or restrain such breach or threatened breach, without the necessity of posting any bond.
- “Notices” Except as otherwise provided in Sections 9.1 and 10, any notice or communication hereunder shall be in writing and either personally delivered or sent recognized express delivery courier or certified or registered mail, prepaid and return receipt requested, addressed to the other party at its address specified in the Plan, or at such other address designated in a subsequent notice. All notices shall be in English, effective upon receipt.
- “Assignment” This Agreement and the rights and obligations hereunder may not be assigned, in whole or in part, by either party without the other party’s written consent (which shall not be unreasonably withheld). However, without consent, either party may assign this Agreement to any successor to all or substantially all of its business which concerns this Agreement (whether by sale of assets or equity, merger, consolidation or otherwise). Any attempted transfer in violation hereof will be void and of no effect. This Agreement shall be binding upon, and inure to the benefit of, the successors, representatives and permitted assigns of the parties hereto.
- “Independent Contractors.” The parties shall be independent contractors under this Agreement, and nothing herein will constitute either party as the employer, employee, agent or representative of the other party, or both parties as joint venturers or partners for any purpose.
- “Publicity” Neither party will make public announcements or issue press releases relating to this Agreement or the terms hereof without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed.