Terms of Service

Updated July 7th, 2016

StoryCub, Inc. – Terms of Service

 

StoryCub is an entity of StoryCub, Inc. (“StoryCub”). Your use of the Apps and/or Online Services is expressly conditioned on your acceptance of and agreement to this Terms of Use Agreement (the “Agreement”). This Agreement sets forth the terms and conditions which apply to your use of the Apps and/or Online Services. By using the Apps and/or Online Services, you agree to abide by this Agreement. In addition, when using specific services or features, you agree to abide by any guidelines or rules posted in connection with such services or features, all of which are hereby incorporated by reference into this Agreement. If you do not agree with any posted guidelines or rules, or with any part of this Agreement, you must not use the Apps and/or Online Services. StoryCub reserves the right to change, amend, or otherwise alter this Agreement at any time by posting the modified terms and conditions to this “Terms of Use” section of the Website or in the Apps. Such modifications shall becomes effective immediately upon posting. Your continued use of the Apps and/or Online Services following the posting of any modifications to this Agreement means that you accept and agree to abide by such modifications. If you do not comply with this Agreement at all times when using the Apps and/or Online Services, StoryCub reserves the right to remove your posting and/or deny or restrict your access to the Apps and/or Online Services. The terms and conditions of this Agreement shall apply regardless of the means by which the Apps and/or Online Services were accessed, including, but not limited to, through the URL address, electronic mail, or links from other websites. Users who are under 18 years old may not use the areas of the Website or Apps directed only to registered users. Users who are under 18 years old may use the areas of the Website or Apps not directed only to registered users provided a parent or legal guardian consents to such user’s use of the Apps and/or Online Service, assumes the obligations provided in this Agreement, and assumes full responsibility for such user’s use of the Apps and/or Online Service. If you are the parent or legal guardian of a user of the Apps and/or Online Services who is under 18 years old, you consent to such user’s use of the Apps and/or Online Services, assume the obligations provided in this Agreement, and assume full responsibility for such user’s use of the Apps and/or Online Service.

Use of StoryCub’s Apps and/or Online Services
By using StoryCub’s Apps and/or Online Services, you agree that:

1. Your use of the Apps and/or Online Services, including, without limitation, any of the elements or content, is solely for your own noncommercial use and benefit.

2. You will not interfere with any other user’s use and enjoyment of the Apps and/or Online Services. You will not use the Apps and/or Online Services or the information contained therein in unsolicited mailings or spam material. In particular, you will not use any of our trademarks, trade names, service marks, copyrights, or logos in unsolicited mailings or spam material. You will not spam or send unsolicited mailings to any person or entity using the Apps and/or Online Services.

3. You will not submit, post, upload, distribute, or otherwise make available any Submission (as defined below) that contains, in the opinion of StoryCub: (1) personal information about another person; (2) unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, indecent, profane, lewd, lascivious, filthy, excessively violent, offensive, or otherwise objectionable, inappropriate, or unlawful material; (3) material that could harm minors; (4) any material that infringes any intellectual property or other proprietary rights of any person or entity, or any right of any person or entity; or (5) any information intended to promote and/or generate revenue for any third party business activity.

4. You have all necessary rights, including, but not limited to, intellectual and other proprietary rights, in and to all Submissions you provide and all materials they contain.

5. You will not delete any legal notices, proprietary notices (including trademark or copyright symbols), or disclaimers, or modify any logos that you do not own or have written permission to modify.

6. You will not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, including, but not limited to, by using another person’s username, password, name, likeness, voice, or photograph. You will not submit any personal information to the Apps and/or Online Services, about yourself or others, that is not accurate and truthful.

7. When using features on the Apps and/or Online Services that allow you to communicate with others, such as the “send to a friend” or similar feature, you will, in the opinion of StoryCub: (i) use such features solely to inform others about StoryCub content available on the Apps and/or Online Services; (ii) not upload or send any message that is unlawful, harassing, libelous, slanderous, defamatory, abusive, threatening, harmful, vulgar, obscene, pornographic, hateful, indecent, profane, lewd, lascivious, filthy, excessively violent, offensive, insulting, misleading, deceptive, or racially, ethnically, or otherwise objectionable; (ii) not upload or send any commercial, promotional, or solicitation information; and (iii) remain friendly and treat all recipients with respect. You will immediately cease using the Apps and/or Online Service features to communicate with recipients who have requested not to receive communications from you.

8. You will not use the Apps and/or Online Services for any harmful or unlawful purpose, including engaging in (or attempting to engage in) any criminal activity including, but not limited to, child pornography, stalking, sexual assault, fraud, harassment, and conspiracy to commit any criminal activity. You agree that your use of the Apps and/or Online Services will not harm minors in any way.

9. You will not submit, post, upload, distribute, or otherwise make available any material that may contain a computer virus or other harmful material, or otherwise impair, interrupt, destroy or limit the functionality of any computer software, hardware, or telecommunications equipment.

10. You will not attempt to gain unauthorized access to StoryCub’s computer systems. You recognize that not all areas of the Website or Apps may be available to you.

11. If you do not agree with the terms of this Agreement, you will not use the Apps and/or Online Services.

StoryCub cannot and does not guarantee that other Apps and/or Online Service users will comply with the rules above. StoryCub reserves the right to change Apps and/or Online Services or delete content or features in the Apps and/or Online Service at any time, in any way, for any or no reason.

Proprietary Rights
Title and intellectual property rights for the Apps and/or Online Services and content on the Apps and/or Online Services are owned by StoryCub, Inc., its agents, suppliers, or affiliates or their licensors or otherwise by the owners of such material and are protected by copyright laws and treaties. Trademarks, trade names, service marks, copyrights, and logos of StoryCub Inc., including, without limitation, “StoryCub”, the StoryCub.com name, “Video PIcture Books”,“It’s Storytime, Anytime”, and “Real People-Real Storytime”, may not be used or copied in any manner without the express prior written consent of StoryCub, Inc. or except as specifically provided herein. All other trademarks, trade names, service marks, copyrights, and logos Appearing on the Apps and/or Online Services are the property of their respective owners. Except as specifically provided herein, the copying, redistribution, reselling, or publication of any part of the Apps and/or Online Services without express prior written consent from StoryCub, Inc. or other owner of such material is prohibited. In particular, except as specifically provided herein, StoryCub prohibits the use, copying, distribution, transmission, display, performance, creation of derivative works, or exploitation in any form or manner of any and all content on the Apps and/or Online Services (which includes, without limitation, any and all articles, text, graphics, logos, advertisements, video clips, music clips, still photographs, and software) without StoryCub’s express prior written consent. Further, the computer code that StoryCub creates to generate its Apps and/or Online Services is protected by copyright and any copying or adapting of such code is strictly prohibited. StoryCub hereby grants you a personal, non-exclusive, non-assignable, non-sub-licensable, and non-transferable limited license to use and display, for your noncommercial and personal use only, one copy of any content that you are authorized to download from the Apps and/or Online Services, including, without limitation, any files, codes, audio, or images incorporated in or generated by software on the Apps and/or Online Services, provided that you maintain all copyright and other notices contained in such material.

Registration
To access certain areas or features of the Website or certain Apps, you may be asked to register and to provide StoryCub with certain information about yourself. Should you choose to register, you hereby represent, warrant, and covenant that: (i) you have the power and authority to enter into this Agreement; and (ii) you are at least eighteen (18) years old. For information about our privacy practices for Apps and/or Online Services, click here for the Privacy Policy. You are responsible for providing StoryCub with true, accurate, and updated information about yourself. If you provide any information that is untrue or inaccurate, or which StoryCub reasonably believes is untrue or inaccurate, StoryCub reserves the right to suspend or terminate your use of the Apps and/or Online Services.

You shall not use a username or password that StoryCub, in its sole discretion, deems offensive or inappropriate. StoryCub reserves the right to deny creation of your account based on StoryCub’s inability to verify the authenticity of your registration information. You shall be solely responsible for maintaining the confidentiality of your password and shall not share your password with third parties. You shall immediately email us at support@StoryCub.com to notify us of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You are fully responsible for all usage and activity on your StoryCub account, including, but not limited to, use of the account by any third party authorized by you to use your username and password. The use of your account by any individual under age eighteen (18) is strictly prohibited. If the computer system on which you accessed the Apps and/or Online Services is sold or transferred to another party, you warrant and represent that you will delete all cookies and software files obtained by or through use of the Apps and/or Online Services. You may terminate your account at any time by contacting us at support@StoryCub.com. Notwithstanding anything else herein, StoryCub reserves the right to pursue any and all claims against any user of your account. You agree to maintain only one account at any time and certify that you currently have no other account(s) with StoryCub.

Submissions
StoryCub is pleased to hear from its users and welcomes your comments regarding our Apps and/or Online Services. However, StoryCub does not review, preserve, or consider creative ideas, suggestions, or materials other than those it has specifically requested. This policy is designed to avoid misunderstandings if projects developed by StoryCub’s professional staff seem to others to be similar to their own creative work. Accordingly, StoryCub requests that your comments relate to those services and products offered by StoryCub, and that you not submit any creative ideas, suggestions, or materials.

If you send, submit, upload, post, or otherwise make available submissions via the Apps and/or Online Services, including, without limitation, contest or sweepstakes entries, digital artworks, photographs, videos, your child’s original work in the form of a birthday card, craft or other creative entry including, without limitation, any accompanying drawing, photograph, voice, actions, likeness, child’s first name, child’s age, and child’s city and state of residence, or unsolicited creative ideas, suggestions, or materials (each a “Submission” and collectively, the “Submissions”), you agree that none of the Submissions shall be subject to any obligation of confidence on the part of StoryCub. Please be advised that Submissions do not necessarily reflect the views of StoryCub.

Please note that there are some Submissions for which you must be a registered user, and for which you agree to submit any additional documentation required in connection with such Submissions. For such Submissions that require you to be a registered user, you hereby warrant and represent that you are at least eighteen (18) years old and are the parent or legal guardian of the minor named in the image label created which may accompany the Submission, or who may Appear in the Submission (your “Child”).

In consideration of the opportunity to have your Submission considered for publication or broadcast on the Website, any other StoryCub website, and/or television programming of StoryCub, you hereby warrant and represent that your Submission is the original creation of you and/or your Child or that you have a valid and enforceable license from all creators of such materials and all persons identified in your Submission (your “Licensors”) to use and sublicense such materials herein, and, for yourself and on behalf of your Child and your Licensors, and your and their respective heirs, executors, administrators, successors, and assigns, you hereby: (i) agree that any physical copy of your Submission shall be deemed, and shall remain, the property of StoryCub; (ii) grant to StoryCub and its licensees, designees, assignees, parents, subsidiaries and affiliates, and their respective employees, agents, representatives, officers and directors (collectively “Releasees”), a non-exclusive, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, transferable, worldwide license to use, reproduce, distribute, publicly display and perform, modify, and create derivative works from such Submission, including without limitation all video, photographs, artwork, likenesses, trademarks, voices, names, ages, and addresses, and all intellectual property and other proprietary rights included therein, in any and all media now known or hereafter developed and for all purposes, including without limitation, to publicize, promote, or advertise Releasees’ businesses or programming services, and without notice or attribution to you or any other person or entity and without obtaining any further permission or license or making any payment whatsoever, but acknowledge that Releasees have no obligation to use your Submission; and (iii) waive all copyright, trademark, right of publicity or privacy, and all other claims or causes of action against Releasees for exercising these rights. You agree to indemnify and hold harmless and, at Releasees’ request, to defend Releasees from any and all claims, actions, lawsuits, liabilities, and expenses arising out of or relating to their use of the Submission, and you further agree that Releasees shall not be liable for any use or disclosure of the Submission, and hereby waive any claim against Releasees as a result of the use or disclosure of the Submission. You agree that you shall not be entitled for any reason to terminate or rescind this license and release, nor to enjoin, restrain, or otherwise impair the exercise of any rights and privileges granted hereunder, nor to enjoin or otherwise impair the property, assets, programming, or productions of Releasees or the development, production, exhibition, or exploitation of the Submission or any portion or modification thereof in advertising, publicity, or promotions in connection therewith. You acknowledge and agree that neither your Child, your Licensors, nor you will be paid any money or other compensation for granting this license/release and that this license/release shall be governed by the laws of the United States and the State of Minnesota and any action related hereto shall be heard exclusively in the state or federal courts in Hennepin County, Minnesota. You hereby certify that your Submission includes no personally identifiable information about any child under the age of thirteen (13), and acknowledge that StoryCub has requested no such information. YOU HEREBY WARRANT AND REPRESENT THAT YOU READ AND UNDERSTOOD THIS LICENSE/RELEASE, NO ORAL OR WRITTEN REPRESENTATIONS TO THE CONTRARY HAVE BEEN MADE TO YOU, AND YOU AGREE TO THIS LICENSE/RELEASE ON BEHALF OF YOUR CHILD. Notwithstanding anything to the contrary in this paragraph, StoryCub does not intend to disclose any Submissions you submit, post, upload, or otherwise make available only to your customized web page on the Website.

StoryCub reserves the right, in its sole discretion, to delete, take down, or refuse to post or otherwise make public any Submissions. Without limitation of the foregoing, StoryCub shall have the right to use and change the Submissions in any manner that StoryCub may determine. You acknowledge that StoryCub may or may not pre-screen Submissions, but StoryCub and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Submissions. StoryCub may, in its sole discretion, monitor the Submissions of all users, but StoryCub cannot be responsible for the views or opinions expressed. StoryCub neither endorses the contents of any user communications or Submissions nor assumes responsibility for any material contained therein, any infringement of any intellectual property rights arising therefrom, or any crime facilitated thereby. StoryCub may delete or terminate, in its sole discretion, any and all information, communication(s), and/or Submissions, at any time, without notice, for any reason, including without limitation, Apps and/or Online conduct that it believes is harmful to other users, the business of StoryCub, its affiliates, or other third-party information providers, or for conduct that violates this Agreement or other policies or guidelines set out by StoryCub elsewhere on the Website or in the Apps.

Contests, Sweepstakes, and Other Activities
StoryCub provides Official Rules for certain activities on the Website, including without limitation, contests, sweepstakes, and giveaways and in conjunction with third parties. You agree that both the provisions of this Agreement and the provisions contained in the Official Rules for the activity in which you are participating will govern your participation in such activity. If there is a conflict between a provision of this Agreement and the Official Rules, the provisions of the Official Rules for the activity in which you are participating shall prevail over the conflicting provision in this Agreement.

Links
The Apps and/or Online Services may contain hyperlinks to external locations (e.g., other websites) controlled by third parties, including social networking sites. These links are provided solely as a convenience to you, and do not imply an endorsement by StoryCub or that any affiliation exists between StoryCub and the linked website. You agree that StoryCub is not responsible for the availability of these external locations, or other content including, without limitation, solicitations thereon or products or services made available thereby. StoryCub has not necessarily reviewed, and does not necessarily endorse or verify, content at linked websites, and is not responsible for such content or for your use of such content. You acknowledge that some external locations may contain material or communications which are unedited, untrue, or illegal in some jurisdictions or that may be offensive. You agree to access external locations at your own risk and not to permit minors to have access to inappropriate material. You agree that StoryCub shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any such external location. Any concerns regarding any external location should be directed to its respective website administrator, system operator, or webmaster.

Malware and Adware
If you are experiencing unusual occurrences or seeing unusual content or advertisements on the Apps and/or Online Services, these problems may be caused by malware or adware installed on your computer or mobile device. Malware is malicious software, such as a virus or spyware, that could damage or disable a computer system or mobile device. Adware is any software application in which advertising banners, toolbars, and/or pop-up windows are displayed while the adware program itself is still running. Adware can cause ad banners to be placed directly over the actual advertisement placement within a website. Malware and adware are typically installed on a user’s computer or mobile device without his or her knowledge or consent. Malware and adware can interfere with how StoryCub’s Apps, StoryCub.com and other websites appear on your computer, and with the Apps. You may need to repair your computer or mobile device to remove malware and adware. StoryCub is not responsible for the effects of or liable for damage caused by any third party software on your computer or mobile device.

E-COMMERCE SERVICES
You may purchase goods and services via StoryCub.com or the StoryCub App, which is owned and operated by StoryCub, Inc. The StoryCub App or StoryCub.com and all purchases made through the StoryCub App or StoryCub.com are subject to the StoryCub, Inc. terms and conditions of use and privacy policy.  StoryCub is not responsible and has no liability whatsoever for goods or services you obtain through the StoryCub App or StoryCub.com or other websites or web pages. StoryCub does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to provide on the StoryCub App or StoryCub.com, and you irrevocably waive any claim against us with respect to such sites. We are not responsible for assisting you in correcting any problem you may experience with goods and services purchased through the StoryCub App or StoryCub.com, even if the goods or services were shown on the StoryCub Website or Apps. We cannot ensure that you will be satisfied with any products or services that you purchase from the StoryCub App or StoryCub.com as it is owned and operated by an independent entity. Customer service issues related to goods or services should be directed to StoryCub, Inc. via the “Contact” page.

StoryCub does not guarantee that product descriptions or other content on the StoryCub App or StoryCub.com will be accurate, complete, reliable, current, or error-free. Descriptions and images of, and references to, products on the the StoryCub App or StoryCub.com do not imply our or any of our affiliates’ endorsement of such products.

Disclaimer
The Apps and/or Online SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING AND/OR TRADE USAGE. StoryCub DOES NOT GUARANTEE OR WARRANT CONTINUOUS, UNINTERRUPTED OR ERROR-FREE ACCESS OR USAGE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPS and/or Online SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES SO THE FOREGOING DISCLAIMER MAY NOT BE APPLICABLE IN FULL. THIS SECTION WILL BE ALLOWABLE TO THE MAXIMUM EXTENT ALLOWED BY LAW.

StoryCub DOES NOT MAKE ANY WARRANTY, WHETHER EXPRESS OR IMPLIED, OR MAKE ANY REPRESENTATIONS REGARDING ANY CONTENT, INFORMATION, SERVICES, OR PRODUCTS OBTAINED OR PROVIDED THROUGH OR IN CONJUNCTION WITH THE Apps and/or Online SERVICES. NEITHER StoryCub NOR ITS AFFILIATES AND THIRD-PARTY INFORMATION PROVIDERS, NOR OTHER CONTENT PARTNERS MAKE ANY GUARANTEE REGARDING THE ACCURACY, CORRECTNESS, TIMELINESS, SEQUENCE, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION OR CONTENT PROVIDED BY StoryCub.com. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION. ANY HEALTH INFORMATION PROVIDED BY StoryCub.com SHOULD BE USED FOR INFORMATIONAL PURPOSES ONLY. THE INFORMATION SHOULD NOT BE USED AS A SUBSTITUTE FOR A CONSULTATION WITH A PHYSICIAN OR OTHER QUALIFIED MEDICAL PROFESSIONAL. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED MEDICAL PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. StoryCub DOES NOT PROMOTE OR RECOMMEND ANY PARTICULAR FORM OF MEDICAL OR ALTERNATIVE TREATMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Apps and/or Online SERVICES IS DOWNLOADED AT THE USER’S OWN RISK. THE USER WILL BE SOLELY RESPONSIBLE FOR, AND ASSUMES THE ENTIRE COST OF, ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY DAMAGE OR LOSS DUE TO CONTENT, DOWNLOADS OR ANY OTHER MATERIAL OR INFORMATION THE USER OBTAINS FROM StoryCub.com. ANY MATERIAL UPLOADED OR OTHERWISE SUBMITTED THROUGH THE USE OF Apps and/or Online SERVICES IS UPLOADED AT THE USER’S OWN RISK. THE USER WILL BE SOLELY RESPONSIBLE FOR, AND ASSUMES THE ENTIRE COST OF, ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY DAMAGE OR LOSS DUE TO UPLOADING THROUGH THE USE OF THE Apps and/or Online SERVICES.

Limitation of Liability
UNDER NO CIRCUMSTANCES AND IN NO EVENT SHALL StoryCub, ITS AFFILIATES, PARENT, SUBSIDIARIES, INFORMATION PROVIDERS, OR CONTENT PARTNERS, OR THEIR RESPECTIVE EMPLOYEES, REPRESENTATIVES, AGENTS OR LICENSORS (COLLECTIVELY, “THE StoryCub PARTIES”), BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR ABSENCE OF AUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE Apps and/or Online SERVICES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. UNDER NO CIRCUMSTANCES AND IN NO EVENT SHALL StoryCub OR ANY OF THE StoryCub PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT AND/OR USE OF, OR INABILITY TO USE, THE Apps and/or Online SERVICES, OR THE CLAIMS OF THIRD PARTIES, INCLUDING USERS, HOWEVER CAUSED, UNDER ANY LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), EVEN IF ANY StoryCub PARTY HAS BEEN ADVISED OF (OR IF ANY StoryCub PARTY IS AWARE OF OR SHOULD HAVE BEEN AWARE OF) THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, UNDER NO CIRCUMSTANCES AND IN NO EVENT WILL THE AGGREGATE LIABILITY OF ALL StoryCub PARTIES ARISING OUT OF OR RELATING TO THIS AGREEMENT AND/OR RELATING TO USE OF, OR INABILITY TO USE, THE Apps and/or Online SERVICES, UNDER ANY LEGAL THEORY, EXCEED THE AMOUNT PAID BY THE USER, IF ANY, TO ACCESS THE Apps and/or Online SERVICES.

Indemnification

You the user agree to indemnify and hold harmless, and at StoryCub’s request, defend StoryCub and the StoryCub Parties and their respective parents, subsidiaries, affiliates, partners, agents, employees, directors, officers, shareholders, members, and other owners, from and against any and all claims, actions, demands, liabilities, losses, damages, judgments, penalties, settlements, costs and expenses (including reasonable attorney’s fees and costs) (hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of, are based on, or relate to: (i) your use of the Apps and/or Online Services; (ii) use of the Apps and/or Online Services by anyone using your computer or your account; (iii) a violation of this Agreement by you or anyone using your computer, your mobile device, or your account; (iv) any unauthorized deletions, additions, insertions or alterations to, or any unauthorized use of, the Apps and/or Online Services by you or someone using your computer, your mobile device, or your account; or (v) any misrepresentation of any information, representation or warranty, or breach of this Agreement or any other covenant or agreement. If any third party brings a claim, lawsuit, or other proceeding(s) against StoryCub or any StoryCub Party based on your conduct or use of the Apps and/or Online Services or that of someone using your computer or account, you agree to compensate StoryCub and all StoryCub Parties (including their respective officers, directors, employees and agents) for any and all Losses in connection with any such claim, lawsuit or proceeding.

Independent Investigation
StoryCub reserves the right to investigate suspected violations of the terms and conditions of this Agreement whenever StoryCub becomes aware of possible violations. Such an investigation may include gathering information from the user and the complaining party and reviewing materials on StoryCub’s servers and systems. During an investigation, StoryCub may remove any and all disputed material from StoryCub’s servers and systems. If StoryCub believes, in its sole discretion, that a violation of the terms or conditions of this Agreement has occurred, StoryCub may take any action it deems appropriate under the circumstances known to it, which may include removal of material from StoryCub’s servers and systems, warnings, and/or suspension or termination of user account(s). Violations also could subject users to criminal or civil liability.

Jurisdictional Issues/Governing Law
The Apps and/or Online Services are controlled and operated by StoryCub from within the United States of America, and is intended for use only by residents of the United States. StoryCub makes no representations or warranties that the content or materials of the Apps and/or Online Services are appropriate or lawful in any foreign countries, or that any items offered for sale through links on the Apps and/or Online Services will be available outside the United States. Those who choose to access the Apps and/or Online Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export or re-export any content downloaded from the Apps and/or Online Services or any copy or adaptation of such content, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

The formation, construction and interpretation of this Agreement shall in all respects be governed by and construed in accordance with the laws of the United States and the State of Minnesota, U.S.A., without giving effect to any principles of conflicts of laws. This Agreement shall not be governed by the United Nations Conventions of Contracts for the International Sale of Goods, the Application of which is hereby expressly excluded from any interpretation of this Agreement. It is hereby agreed that any action at law or in equity arising under this Agreement and/or your use of the Apps and/or Online Services shall be finally adjudicated or determined in any court or courts in the State of Minnesota or of the United States of America, in Hennepin County, Minnesota, and the parties hereto hereby submit generally and unconditionally to the personal and exclusive jurisdiction and venue of these courts in respect to any such matter and consent to service of process by any means authorized by Minnesota law.

Acceptance
Your use of the Apps and/or Online Services constitutes acceptance of this Agreement. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and lack of signing or other form of electronic execution by the parties hereto. You agree to abide by the terms and conditions of this Agreement and any additional terms, conditions, rules, or procedures imposed by StoryCub or by third-party content providers in connection with content, software, or services available on, through or in connection with the Apps and/or Online Services.

Amendments
StoryCub reserves the right to change, amend, or otherwise alter this Agreement at any time by posting the modified terms and conditions to this “Terms of Use” section of the Website or in the Apps. Such modifications shall become effective immediately upon posting.

Acts of God
StoryCub shall be excused from its obligations for any period to the extent that StoryCub is prevented from performing, in whole or in part, its obligations under this Agreement, as a result of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s), or request(s) prove(s) to be invalid), Internet or other communications failure, equipment failure, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, foreign or domestic court order, third party non-performance (including the acts or omissions of any suppliers, agents, or subcontractors) or any other cause beyond StoryCub’s reasonable control affecting production or delivery in any manner, including failure or fluctuations in electrical power, heat, light, air conditioning or telecommunications equipment or lines or other equipment, whether electronic or otherwise.

Waiver
StoryCub’s failure to enforce strict performance of any provision of this Agreement will not constitute a waiver of StoryCub’s right to subsequently enforce such a provision or any other provision of this Agreement, nor will any delay or omission on the part of StoryCub to exercise or take advantage of any right or remedy that StoryCub has or may have hereunder operate as a waiver of any right or remedy.

Sever-ability
In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, the remaining portion hereof shall remain in full force and effect and such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed to the extent necessary to make such provisions valid and enforceable.

Headings
Division of this Agreement into sections and the use of headings is for convenience of reference only and shall not modify or affect the interpretation or construction of this Agreement, or any provision hereof.

Entire Agreement
This Agreement constitutes the entire agreement between you and StoryCub concerning the subject matter contained herein and supersedes all prior or contemporaneous representations, proposals, conditions, communications, and agreements, whether oral or written, between the parties relating to the subject matter herein and all past courses of dealing or industry custom. The subject matter herein may not be modified except by StoryCub.

Copyright Compliance
StoryCub respects the intellectual property of others, and we ask that our users do the same. If you have a good-faith reason to believe that material on the Apps and/or Online Services infringes a copyright that you own, or if your intellectual property rights have been otherwise violated by material posted on the Apps and/or Online Services, then you may notify StoryCub using the procedures set forth below.

Send your notice of infringement to our designated agent:

Dave Swerdlick
StoryCub, Inc.
452 Northco Drive
STE 180
Minneapolis, MN 55432
Telephone: (763) 746-5535
Email: support@StoryCub.com

Your notice must be in writing and include the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

A description of the copyrighted work that is alleged to have been infringed, including the electronic location, such as the URL (i.e., the website address), where the copyrighted work exists, or a copy of the copyrighted work;

An identification of the URL web address on StoryCub.com or other specific location where the allegedly infringing material is located;

The address, telephone number, and email address of the notifying party;

A statement by the notifying party that it has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

A statement by the notifying party, made under penalty of perjury, that the above information in the notice is accurate and that the notifying party is the copyright owner.

WARNING: IF YOU KNOWINGLY MISREPRESENT THAT Apps and/or Online MATERIAL IS INFRINGING, YOU MAY BE LIABLE FOR DAMAGES, INCLUDING ATTORNEY’S FEES, INCURRED BY A COPYRIGHT OWNER, ALLEGED INFRINGER, OR STORYCUB, INC. AS A RESULT OF RELIANCE ON THE MISREPRESENTATION.

Once we receive this information, StoryCub may expeditiously remove or block access to the allegedly infringing material, and notify the user who posted the material that we have taken such action. If you, as the user, receive a notice that material has been blocked, and believe that this material was removed by mistake or misidentification, you may submit a written counter-notification to our designated agent which must include:

A physical or electronic signature;

Identification of the material that has been removed or to which access has been disabled and the location on the Website or in the Apps at which the material appeared before it was removed or access to it was disabled;

A statement by you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

Your name, physical address, and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification of copyright infringement or an agent of such person.