Terms and Conditions

 

TERMS OF USE

BY USING ANY PORTION OF THE STORYNAMICS WEBSITE, www.storynamics.com (“WEBSITE”) YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. If you disagree with any of the Terms of Use (“Terms”) below, we do not grant you the right to use the Website and you should immediately discontinue all use of the Services.

 

These Terms contain the terms and conditions that govern your access to and use of the Website and is an agreement between Storynamics, LLC (“Storynamics”, “we”, “us”, “our”, or “it”) and you. These Terms are effective as of May 12, 2015. We reserve the right to change these Terms from time to time without notice to you. You acknowledge and agree that it is your responsibility to review the Website and these Terms periodically and to be aware of any modifications. Your continued use of the Website after such modifications will constitute your acknowledgement of the modified Terms and agreement to abide and be bound by the modified Terms.

 

Table of Contents

  1. Description of Services
  2. Access to the Website
  3. License to Use Website
  4. Your Conduct on the Website
  5. Third Party Sites and Information
  6. Storynamics Reservation of Rights
  7. Intellectual Property Information
  8. User Suggestions for Improvement
  9. Representations and Warranties
  10. Disclaimers and Exclusions
  11. Indemnification
  12. Termination
  13. Miscellaneous

 

 

  1. Description of Website

The purpose of this Website is to provide information about products offered by Storynamics. You are solely responsible for providing, at your own expense, all equipment necessary to use the Website (including a computer and Internet access).

 

You understand and agree that temporary interruptions impacting access to the Website may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of the Website, and therefore, delays and disruption of other network transmissions are completely beyond our control.

 

You understand and agree that the Website is provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

 

  1. Access to the Website

Storynamics will only knowingly provide the access to the Website to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, you are not authorized to use the Website.

 

  1. License to Use Website

Storynamics grants you a limited revocable license to access and use the Website for its intended purpose, subject to your compliance with these Terms. This license does not include the right to collect or use information contained on the Website for purposes prohibited by Storynamics; to compete with Storynamics by offering a similar Website or products displayed on the Website; to create derivative works of the Website or products displayed on the Website; or download or copy the Website (other than for page caching). If you use the Website in a manner that exceeds the scope of this license or you breach these Terms, Storynamics may revoke the license granted to you.

 

  1. Your Conduct on the Website
    1. Prohibited Uses Your use of the Website is subject to all applicable laws and regulations and you are solely responsible for the content of your communications through the Website. You may only use the Website as expressly permitted by Storynamics. You may not cause harm to the Website. Specifically, but for purposes of illustration only and not limitation, you may not:
      1. Interfere with the Website by using viruses or any other programs or technology designed to disrupt or damage any software or hardware;
      2. Modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Website;
  • Interfere with, or disrupt the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Website;
  1. Use a robot, spider or other device or process to monitor the activity on or copy pages from the Website, except in the operation or use of an internet “search engine”;
  2. Collect electronic mail addresses or other information from third parties by using the Website;
  3. Impersonate another person or entity;
  • Use any meta tags, search terms, key terms, or the like that contain Storynamics’ name or trademarks;
  • Engage in any activity that interferes with another user’s ability to use or enjoy the Website;
  1. Sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of the Website, or use of or access to the Website; or
  2. Assist or encourage any third-party in engaging in any activity prohibited by the Terms.

 

  1. Privacy Policy. By entering into the Terms, you agree to Storynamics’ collection, use, and disclosure of your personal information in accordance with the Privacy Policy.

 

  1. Third Party Sites and Information
    1. Alphragraphics Website. From the Website, you are provided access to a website offered by a third party printing and fulfillment company for the purposes of ordering customized products (“Third Party Printing and Fulfillment Website”). On the Third Party Printing and Fulfillment Website you can upload images, text, data, and other content to create, produce and purchase products that you can customize for your own use. Storynamics has provided its products to the Third Party Printing and Fulfillment Website for customization according to your specifications. Storynamics has no affiliation with the Third Party Printing and Fulfillment Website or the company that operates it, the services offered on the Third Party Printing and Fulfillment Website, or the printing and fulfillment of products made available on the Third Party Printing and Fulfillment Website. Any agreement or terms of use to which you are required to consent in accordance with your use of the Third Party Printing and Fulfillment Website are separate and distinct from these Terms. In the event of a conflict, the Third Party Printing and Fulfillment Website terms and conditions will govern with respect to the content and services provided through that website. You further agree that any dispute regarding orders placed on the Third Party Printing and Fulfillment Website including, but not limited to, errors in the orders placed, the condition of the goods received or errors in payment for goods received, will be resolved with the company that owns the Third Party Printing and Fulfillment Website according to the terms made available on that website. The Third Party Printing and Fulfillment Website may allow you to cancel your order or return a product in limited circumstances according to terms made available upon your placement of an order on the Third Party Printing and Fulfillment Website. Storynamics bears no responsibility for processing any order cancellation or return of products.

 

  1. Payments on Third Party Sites. While on the Third Party Printing and Fulfillment Website, you will be prompted to provide payment prior to completing your order. Storynamics is responsible for collecting and processing this payment through a third-party service provider. Storynamics does not store any information that you provide and is not responsible for the security of this information. When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize the third party credit card updating services to obtain current expiration dates on credit cards.

 

  1. Outgoing Links to Other Third Party Websites. The Website may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

 

  1. Storynamics Reservation of Rights
    1. Storynamics reserves the right, but does not assume the obligation, to monitor communications that occur through the Website. If Storynamics determines, in its sole and absolute discretion, that you or another Storynamics user will breach a term or condition of these Terms or that such communication is inappropriate, Storynamics may take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.

 

  1. Right to Deny Services. Storynamics reserves the right to refuse access to the Website if, in Storynamics’ sole determination, your continuing use of the Website is:
    1. Unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates Storynamics’ rules or policies;
    2. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
  1. Constitutes unauthorized or unsolicited advertising, junk or bulk mail, any other form of unauthorized solicitation, or any form of lottery or gambling; or
  2. Impersonates any person or entity, including any of our employees or representatives.

 

  1. Modification of the Website. We reserve the sole right to either modify or discontinue the Website, including any features therein, at any time with or without notice to you. Storynamics shall not be liable to you or any third party should it exercise such right. Any new features that augment or enhance the then-current Website will also be subject to these Terms.

 

 

  1. Intellectual Property Information

All content on the Website and all products specifically discussed on the Website are Copyright © 2015 Storynamics. All Rights Reserved.

 

For purposes of these Terms “content” is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our Website. This includes, but is in no way limited to, product description pages, blog postings, and other original content.

 

By accepting these Terms, you acknowledge and agree that all content presented to you on this Website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Storynamics. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for digital copies made by your computer or third-party service provider incidental to your access and use of the Website, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Website in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Website. Any unauthorized use of the materials appearing on this Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

 

The following are trademarks or service marks of Storynamics: STORYNAMICS. All custom graphics, icons, logos and service names are trademarks of Storynamics. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or the name of Storynamics.

 

  1. User Suggestions for Improvement

When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, communications, or any other information (“Submissions”), you grant Storynamics permission to use such Submissions for marketing and other promotional purposes, including the right to sublicense. You agree that Storynamics will have no obligation to keep any Submissions confidential. You will not bring a claim against Storynamics based on “moral rights” or the like arising from Storynamics’ use of a Submission.

 

  1. Representations and Warranties
    1. Mutual Representations and Warranties. You represent and warrant to Storynamics and Storynamics represents and warrants to you:
      1. That you or it has the full power and authority to enter into and perform under these Terms;
      2. The execution and performance of your or its obligations under these Terms does not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound; and
  • These terms are a legal, valid, and binding obligation of the party entering into these Terms, enforceable in accordance with its terms and conditions.

 

  1. By You. You represent and warrant to Storynamics that, in your use of the Storynamics WebsiteServices, you: (i) Will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party; and (ii) Will not violate any applicable laws, rules, and regulations, including without limitation, by exploiting images or the likeness of minors.

 

  • Disclaimers and Exclusions
    1. “AS IS” BASIS AND DISCLAIMER OF SPECIFIC WARRANTIES. STORYNAMICS PROVIDES THE WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. STORYNAMICS DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCRUACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS; or (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. STORYNAMICS MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
    2. Limitation of Liability. STORYNAMICS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF ANY THIRD PARTY SERVICES PROVIDED BY PARTIES LINKED TO BY THE WEBSITE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR A BREACH OF A PARTY’S REPRESENTATIONS AND WARRANTIES UNDER THESE TERMS OR IN CONNETION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TERMS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THESE TERMS EXCEED THE GREATER OF (i) THE AMOUNT PAID BY STORYNAMICS TO YOU DURING THE SIXTH MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY OR (ii) $100. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.

 

  1. Indemnification

You hereby indemnify and hold Storynamics and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the “Parties”) harmless from any damage, loss, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought against any of the Parties alleging that you have breached any provision of these Terms through any act or omission, including without limitation monetary damages incurred by Storynamics due to any breach of this Agreement or violation of any policy. If you have to indemnify Storynamics under this Section, Storynamics will have the right to control the defense, settlement, and resolution of any Claim solely as against you and at your sole expense. However, you may not settle or otherwise resolve any Claim without Storynamics’ express written permission.

 

  • Termination
    1. In its sole discretion, with or without notice to you, Storynamics may: (i) suspend, limit your access to, or terminate your use of the Website; (ii) suspend, limit your access to, or terminate your account; and (iii) prohibit you from using the Website.

 

  1. Survival of Terms. Notwithstanding Section 12.a, above, these Terms will survive indefinitely unless and until Storynamics chooses to terminate these Terms.

 

  1. Effect of Termination. If you or Storynamics terminates your use of the Website, Storynamics may delete any Content or other materials relating to your use of the Website on Storynamics’ servers or otherwise in its possession and Storynamics will have no liability to you or any third party for doing so.

 

  1. Miscellaneous
    1. Entire Agreement. These Terms constitute the entire agreement between Storynamics and you concerning the Website.

 

  1. We may give notice to you by email, a posting on the Website, or other reasonable means. You must give notice to us in writing via email to info@storynamics.com or as otherwise expressly provided by Storynamics from time-to-time via its Website. If Storynamics provides notice to you, Storynamics will use the contact information provided by you to Storynamics. All notices will be deemed received 24 hours after the message was sent, if no “system error” or other notice of non-delivery is generated. If applicable law requires that a given communication be “in writing,” you agree that email communication will satisfy this requirement.

 

  1. Assignment of obligations.
    1. By Storynamics. All of the obligations of Storynamics under these Terms may be assigned at any time.
    2. By You. You may not assign or otherwise transfer any of your rights and obligations under these Terms without our prior written approval.

 

  1. These terms are contractual and are not a mere recital. If any portion of these Terms are held to be invalid or unenforceable, the remaining portion of the Terms will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from these Terms but the rest of the Terms will remain in full force and effect.

 

  1. Dispute Resolution. All disputes arising out of, relating to or connected with these Terms or your use of any part of the Website will be exclusively resolved under confidential binding arbitration held in Maricopa County, Arizona, before and in accordance with the rules of the American Arbitration Association’s Arbitration Rules, by a sole arbitrator applying Arizona law (without regard for conflicts of law principles). The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. Any action to enforce an arbitrator’s award will be brought in a federal or state court located in Maricopa County, Arizona. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and Arizona state courts in Maricopa County. Notwithstanding anything to the contrary in this Section 13.e, Storynamics may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.

 

  1. Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.

 

 

[LAST MODIFIED: May 6, 2015]