Amendments. We may modify this Agreement from time to time and each such modification shall be effective: (1) upon posting by us on the Website, for all users who first use the Services (defined below) affected by such modification after the posting, or (2) thirty (30) days after posting by us on the Website, for all pre-existing users of the affected Services. If you do not agree to the modifications, you must cease your use of the Services.
Term. This Agreement shall remain in full force and effect while you use the Services or maintain an Account. Even after termination of this Agreement, all obligations will remain in effect until fully performed.
The Website and Services.
The Services. The services offered by us include our website which is currently located at www.tstoryteller.com (the “Website”), the blog (“the Blog”), the social network (the “Community”), the interactive cross-platform design & publishing tool (“Conducttr”) and any other features, content, or, applications offered from time to time by us in connection with the Website (collectively, the “Service”)
Fees. You acknowledge that we reserve the right to charge fees for use of the Services and to change such fees from time to time in our discretion, upon notice to you at the then-current e-mail address in your account or by posting such information on the Website. Upon using the Services, you will be responsible for the payment of any applicable fees.
General Practices Regarding Use and Storage. You acknowledge that we may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that messages, postings or other uploaded Content (defined below) will be retained by the Services, the file size of Content, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Services.
You agree not to attempt to copy, duplicate, modify, create derivative works from or distribute all or any portion of the Conducttr.
You agree not attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of Conducttr. You agree not to access all or any part of Conducttr or Service in order to build a product or service which competes with Conducttr.
Modifications to Service. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, any of the Services with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
Additional Terms. In order to participate in certain Services, you may be required to download software or content and/or agree to additional terms and conditions, which terms shall be available prior to download. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate, any additional terms are hereby incorporated into this Agreement.
Users and Accounts.
Eligibility. By using the Services, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years old or older at the time of registration; and (d) your use of the Services does not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of any of the Services.
Accounts: Eligible users may register a user account (an “Account”) with us. An Account may be required to access certain Services. We may terminate your Account at any time and for any reason, effective upon sending notice to you at the then-current e-mail address in your Account profile. You may terminate your Account at any time and for any reason by emailing us through our contact form. We will be in contact with you to confirm your information and help you delete your Account. You understand that termination of your Account may result in deletion of certain information from our databases. We will not have any liability whatsoever to you for any termination of your Account or the deletion of any information related to such termination. Users agree to use only one Account when using the Services. Users agree to not create additional Accounts as a method of participating and/or engaging in any restricted behavior as defined within the terms of this Agreement or behavior that we deem inappropriate at any time. We reserve the right to determine what constitutes “inappropriate” behavior. Any user found creating one or more additional Accounts or engaging in inappropriate behavior may have their Account deleted. Additionally, we reserve the right to permanently ban offenders from the use of all Services. You agree that your Account is non-transferable.
Children: We are committed to protecting the privacy of children. The Services are not designed or intended to attract children under the age of 13 and children under such age will not be permitted to register with the Website. Your profile will be deleted without warning if we believe, for any reason, that you are younger than 13, and you will have to appeal such deletion by providing credible evidence of your age. We do not collect personal information from any person we actually know is under the age of 13.
Password. When you create an Account, you will be asked to choose a password. You are solely responsible for any and all use of your account. You are entirely responsible for maintaining the confidentiality of your password and agree not to share it with any other person. You agree not to use the Account, username, or password of another user at any time. You agree to notify us immediately if you suspect any unauthorized use of your Account or access to your password.
Responsibility. Your interactions with other users on the Services or with advertisers, clients and other third parties, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other user or the advertiser. You agree that we are not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other user’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including any other user), we are under no obligation to become involved; however, we reserve the right to monitor disputes between you and other users.
Submitting Content , General: You understand and agree that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials (“Content”) are the sole responsibility of the person from which the content originated. This means that you, and not TSL, are entirely responsible for all Content that you upload, post, transmit, or otherwise make available via the Service. TSL does not control the Content posted via the Service, and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand and agree that under no circumstances will TSL be liable in any way for Content, including, but not limited to, for any errors or omissions in any Content, errors or omissions in the timing of the transmission and publication of the Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that TSL does not pre-screen Content, but that TSL shall have the right (but not the obligation) in its sole discretion to refuse or move any Content that is available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. By posting Content on the Website or in connection with the use of Services, you represent and warrant that: (i) you own all Content posted by you on the Service or otherwise have the right to grant the license set forth in this section, and (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person. You may only upload Content that is in the public domain, is your original work of authorship or for which you have authorization to display. If you are unsure about the ownership of Content, do not post it.
Submitting Content to the Community and Blog: Subject to your privacy settings, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any Content that you post on or in connection with TSL (“Content License”). This Content License ends when you delete your Content or your account unless your Content has been shared with others, and they have not deleted it. When you delete Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed Content may persist in backup copies for a reasonable period of time (but will not be available to others). When you publish Content or information using the “everyone” setting, it means that you are allowing everyone, including people outside the Community, to access and use that information, and to associate it with you (i.e., your name and profile picture).
Technological Protections. You understand that the Services and software embodied within the Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by us and/or content providers who provide content to the Services. You may not attempt to override or circumvent any of the usage rules embedded into the Services.
Infringement Notices and Takedown. We prohibit the posting of any Content that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Website infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. We will process notices of alleged infringement which we receive and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed copyright infringement should be sent to our designated agent who is:
10 Post Office Square, 8th Floor
Boston, MA 02109, USA
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
- Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may not upload, post or transmit unsolicited commercial email or “spam”. This includes unethical marketing, advertising, or any other practice that is in any way connected with “spam”, such as (a) sending mass email to recipients who haven’t requested email from you or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting your Content by posting multiple submissions in public forums that are identical. Also defined as “spam” are any videos or other Content involving affiliate marketing, network marketing, cash gifting, multi-level marketing, phishing, or any videos or Content that a reasonable person would consider to be a scam. Further, “spam” can include any content that TSL deems in its sole discretion is not entertaining or informative.
You may not use Service to:
- send unsolicited Content to anyone without their permission, including but not limited to sending e-mail or mobile text messages to addresses from any purchased or harvested e-mail list.
- send Content that may harass, embarrass, defame, abuse, threaten, or otherwise violate the legal rights of any individual, group, or organization;
- send Content that contains a computer virus or other code or files that could damage, harm, or otherwise disrupt the operation of anyone else’s computer or storage device, or violate the privacy or security of any individual, group, or organization;
- perform or promote illegal activities such as starting or forwarding chain letters, illegal contests or promotions, or any other activity that is illegal;
- impersonate, use the name of (without expressed permission), or misrepresent any real-world individual, group, or organization.
Every email sent through the Service must include unsubscribe information. TSL shall add an unsubscribe link to the bottom of each email sent through the Service.
TSL will attempt to automatically honor unsubscribe requests. In any event that this does not work, you must honor in a timely manner all unsubscribe requests sent directly to you.
For our Services for which you pay no fee, TSL shall have the right to include a 1-line attribution message such as “Audience Engagement by Transmedia Storyteller” or a substantially similar message, at the bottom of every e-mail delivered by the Service. Such message shall include a link to a page within the website of TSL . Users of the paid versions may request to remove these attribution messages.
The trademarks, service marks and logos (the “Trademarks”) used and displayed on the Website or in connection with the Services are registered and unregistered Trademarks of Transmedia Storyteller Ltd or its licensors. Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or any other TSL intellectual property displayed on the Website. We aggressively enforce our intellectual property rights to the fullest extent of the law. The name Conducttr and any other Trademarks shall not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without prior written permission from us.
Copyrights. The copyright in all materials provided on the Website is held by TSL or by the original creator of the material. Except as stated herein, none of the materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of TSL or the copyright owner; unless the content has been explicitly marked with Creative Commons or similar permission. Permission is granted to download one copy of the materials on this Website on a single computer for your personal or internal business use only provided that you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates immediately if you breach this Agreement. You may not “mirror” any material contained on the Website without our express written permission. Any unauthorized use of the materials contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes. All Content and functionality on the Website or relating to the Services, including text, graphics, logos, icons, and images and the selection and arrangement thereof, are the exclusive property of TSL or its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.
© 2013 Transmedia Storyteller Ltd
All rights reserved.
Compliance with Law. You will use the Services in a manner consistent with any and all applicable laws and regulations.
User Interaction. You will not use any information obtained from the Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent.
No Disruption. You will not: (i) interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services, or (ii) introduce software or automated agents to the Services so as to produce multiple Accounts, generate automated messages, or to strip or mine data from the Services.
Prohibited Content. You may not post any illegal Content on the Website. We may also, from time to time, prohibit the posting of certain types of materials. We generally prohibit Content that in our sole discretion: (i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) bullies, harasses or advocates stalking, bullying, or harassment of another person; (iii) contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website; (iv) involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing, or “spamming,”; (v) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (vi) promotes, copies, performs or distributes an illegal or unauthorized copy of another person’s work that is protected by copyright or trade secret law; (vii) is involved in the exploitation of persons under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; (viii) provides instructional information about or promotes illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses and other harmful code; (ix) solicits passwords or personally identifying information for commercial or unlawful purposes from other Users; (x) except in connection with a TSL project, involves commercial activities and/or promotions such as campaign, sweepstakes, barter, advertising, or pyramid schemes; (xi) contains viruses, trojan horses, worms, time bombs, corrupted files, or similar software; (xii) includes a photograph or video of another person that you have posted without the person’s consent; or (xiii) otherwise violates the terms of this Agreement or creates liability for TSL .
Review of Content by TSL. We have the right (but not the obligation) to review any Content and delete any Content that in our sole judgment violates this Agreement or which may be offensive, illegal, violate the rights, harm, or threaten the safety of any user or any other person, or create liability for us or any user.
Certain Liability Matters.
Disclaimers. We are not responsible for any incorrect or inaccurate Content posted on the Services, whether caused by users or by any of the equipment or programming associated with or utilized in the Services. We are not responsible for the conduct, whether online or offline, of any user of the Services. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or user communication or content. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or at the Website or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall TSL be responsible for any loss or damage, including personal injury or death, resulting from use of the Services or from any Content posted on the Website or transmitted to users, or any interactions between users of the Services, whether online or offline.
THE SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE. WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
Limitation on Liability. IN NO EVENT SHALL TSL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF FIFTY US DOLLARS ($50) AND THE AMOUNTS YOU PAID TO TSL IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE CLAIM.
Release. You hereby release TSL and its clients and affiliates and their respective shareholders, officers, directors, managers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) any interactions with other users, (ii) the use of the Services, or (iii) participation in any TSL project.
If you are a California resident, you hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Indemnity. You agree to defend, indemnify, and hold TSL and its clients and affiliates and their respective shareholders, officers, directors, managers, employees, agents and successors, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from your breach of any provision of this Agreement.
U.S. Export Controls. Software available in connection with the Services (the “Software”) is subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. By downloading or using the Software, you represent and warrant that such download or use is not in violation of any such law.
Governing Law. This agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by, and construed in accordance with, the law of England. The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
Entire Agreement; Waiver; Headings. This Agreement constitutes the entire agreement between you and TSL regarding the use of the Services. The failure of TSL to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement. You may also receive a copy of this Agreement (in ASCII text format) by please contacting member support.
No Third-Party Beneficiaries. You agree that there shall be no third-party beneficiaries to this Agreement.
Notice. We may provide you with notices, including those regarding changes to the Agreement, by email, regular mail or postings on the Service.
Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
Investigation; Enforcement. We reserve the right (but have no obligation) to investigate and take appropriate legal action at its sole discretion against you if you violate this provision or any other provision of this Agreement, including without limitation, removing the prohibited Content from the Services, terminating your Account, reporting you to law enforcement authorities, and taking legal action against you.
Assignment. You may not assign this Agreement. All rights you may have under this Agreement automatically terminate upon your death.