To become a member of the Site, if you are a minor, you must have your account created and registered for you by your parent or legal guardian or have received permission from your parent or legal guardian to enter into this Agreement and register for and use the Site and Services (defined below) after you have reviewed this Agreement with him or her and discussed any questions that you may have.
TERMS & CONDITIONS
StoryJumper, Inc. (“StoryJumper”, “us” or “we”) provides software and personal publishing services on and through the Site that allow its customers to create, design, layout and/or print books as well as other tangible goods, including, without limitation, t-shirts, and stickers (collectively, each, a “Product” or together, “Products”). The services offered by StoryJumper on the Site include the StoryJumper online publishing services, StoryJumper community and any other features, content, or services offered from time to time by StoryJumper on or through the Site (collectively, the “Services”).
These Terms & Conditions (“Agreement”) set forth the legally binding terms for your use of the Site and Services. By using the Site and Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website) or you are a “Member” (which means that you have registered with StoryJumper and set up an account (“Account”)). The term “User” refers to a Visitor or a Member. You represent and warrant that you are authorized to enter into this Agreement on behalf of yourself and/or as the parent/guardian of a child. Visitors to the Site can only participate in the StoryJumper community by becoming a registered Member of the Site.
Additional Terms. In order to participate in or receive certain Services (e.g., participate in a specific area of the Site), you may be required to download software or content and/or agree to additional terms and conditions that govern the use of those Services, software and/or content (“Additional Terms”). Unless otherwise provided by the Additional Terms, those Additional Terms are hereby incorporated into this Agreement. To the extent there is a conflict between the terms in this Agreement and any Additional Terms, the specific Additional Term shall have precedence with respect to your use of that area of the Site or Service.
Amendments. StoryJumper may modify this Agreement from time to time. If so, we will post our updated Agreement on this page and post notice of the change so it is visible when Users visit and/or log-on to the Site for the first time after the change is posted. Your continued use of the Site and Services after the changes have been posted shall constitute your acceptance of the changes. If you do not agree to the updated Agreement, you must cease your use of the Services.
2. Term. This Agreement shall remain in full force and effect while you use the Site and Services. You may delete your Account and end your membership at any time, for any reason by following the instructions on the “My” (Account) page. StoryJumper may terminate your membership 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 understand that termination of this Agreement and your Account may involve deletion of your StoryJumper profile information from our live databases as well as any Content (defined below), including, without limitation, Your Story Content (defined below), that you uploaded to the Site using such Account; but you should understand that any Content (defined below) that you have posted to the Site that is posted in areas other than your user profile and/or that you or your parent/guardian (for children under the age of 13) have expressly designated as being “public” or “shared” and that StoryJumper and/or other Users of the Site have made available in areas on the Site (including, without limitation, in another Member’s library) other than your user profile may not be deleted. StoryJumper will not have any liability whatsoever to you for any termination of your Account or related deletion of your profile information or Content, nor, once we have deleted or removed your user profile, will StoryJumper be responsible for any Content that was not included within your deleted and/or removed user profile that remains on the Site.
3. Fees and Payment Terms.
a. Fees. You acknowledge that StoryJumper reserves the right to charge for Services and to change its fees from time to time in its discretion, upon posting by StoryJumper on the pricing page located on the Site. You will be responsible for the payment of any fees, taxes or other charges to your Account and shall pay such fees, taxes and other changes in accordance with StoryJumper’s billing terms then in effect as set forth on the pricing page on the Site.
b. Eligibility; Credit Card Terms. To become a “Premium” member and/or order any Products, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction. You will be required to give us a valid credit card number (VISA, MasterCard, American Express or any other issuer then accepted by us) and associated payment information at the time you order Products hereunder, including all of the following: (i) your name as it appears on the card, (ii) the credit card type, (iii) the date of expiration of your credit card, (iv) billing address, and (v) any activation numbers or codes needed to charge your card. StoryJumper currently does not accept cash, checks or any other payment form, although in the future we may change this policy. Your credit card issuer agreement governs your use of your designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. By providing StoryJumper with your credit card number and associated payment information, you agree that StoryJumper is authorized to immediately charge your credit card on file in connection with your Account for all fees and charges due and payable to StoryJumper as a result of your purchase of any Products. You agree that no additional notice or consent is required before StoryJumper charges the credit card for all amounts due and payable. You agree to immediately notify StoryJumper of any change in your billing address or the credit card used for payment hereunder. StoryJumper reserves the right, at any time, to change its prices and billing methods for Services and/or Products, either immediately upon posting notice of the changes on the Site and/or by e-mail notification to your e-mail address on file in connection with your Account.
c. Taxes, Fees and Charges. You agree to pay all taxes, fees and other charges incurred in connection with your use of the Services and orders and purchases of Products (including, but not limited to, sales, use or value-added taxes, unless you provide StoryJumper with sufficient evidence that the order and purchase is made solely for the resale or redistribution of the Products to your customers). StoryJumper may automatically charge and withhold such taxes, fees or other charges for orders to be delivered to addresses within any jurisdictions that it deems is required. When you order Products for overseas delivery, you may be subject to import duties and taxes, which are levied when the Products arrive at the destination that you specified. Any charges for customs clearance have to be borne by you, as StoryJumper has no control over such charges and cannot foresee the amount charged (if any). Since customs policies vary from country to country, you should contact the customs office in the country where you have us ship your Products to get more information. Please be also aware that you are considered the importer of record and must comply with all laws and regulations of such country.
d. Disputes. You must notify us in writing within seven (7) days after receiving your credit card statement if you dispute any of our charges on that statement, or such dispute will be deemed waived. Notice of billing disputes should be sent to the following address: StoryJumper Customer Service, 2625 Middlefield Road, #256, Palo Alto, CA 94306-2516. If StoryJumper does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by StoryJumper or its agents.
e. Returns. All returns of Products are subject to StoryJumper’s then-current return policies, as posted on the Site at the following URL: www.storyjumper.com/main/returns.
4. Order acceptance policy. Your receipt of an electronic or other form of order confirmation does not signify StoryJumper’s acceptance of your Product order, nor does it constitute confirmation of our offer to sell Products to you. StoryJumper reserves the right at any time after receipt of your order to accept or decline your order for any reason. StoryJumper further reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any Product. Your order will be deemed accepted by StoryJumper upon our delivery of the Products that you have ordered. We may require additional verifications or information before accepting any order.
5. Accounts. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to promptly notify StoryJumper of any unauthorized use of your username, password or any other Account information, or any other breach of security that you become aware of involving or relating to the Site. In addition, you agree to exit from your Account at the end of each session.
Subject to applicable law, we may suspend or terminate your Account and your ability to use the Site or Services, or any portion thereof, for your failure to comply with any term of this Agreement or any Additional Term, or for any other reason whatsoever in StoryJumper’s sole discretion.
6. Password. When you sign up to become a Member, you will also be asked to choose a username and a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Account, username, or password of another Member at any time. You agree to notify StoryJumper immediately if you suspect any unauthorized use of your password or access to your Account. You are solely responsible for any and all actions taken using your password and/or Account.
7. Your Story Content.
a. Definitions. “Content” includes text, files, images, photos, videos, sounds, musical works, works of authorship, and any other materials. “Your Story Content” includes any Content that you post to the Site, including, without limitation, any Content in the Products that you submit to StoryJumper or that you contribute to other Members’ stories posted on the Site (excluding Feedback and Submissions (both as defined below)).
b. Ownership of Your Story Content. You represent, warrant and covenant that: (i) you own or otherwise have the right to grant the licenses set forth in this Agreement for Your Story Content that you provide to and/or post on the Site and Services, contribute to other Members, and/or provide for our print services to have them printed in a Product, (ii) you have obtained all necessary consents and clearances to enable StoryJumper and/or other Members to exercise the rights granted herein and (iii) Your Story Content does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person or entity. You have full responsibility for Your Story Content, including its legality, accuracy, appropriateness, and trademark and copyright ownership. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO YOUR STORY CONTENT THAT YOU SUBMIT TO STORYJUMPER AND/OR ON THE SITE OR THROUGH THE SERVICES.
c. License to StoryJumper. You hereby grant to StoryJumper and its affiliates a non-exclusive, worldwide, perpetual, irrevocable, fully-paid and royalty-free license, sublicensable (with the right to sublicense through multiple tiers of licensees) (in any media, whether known or not currently known and invented) (“License”) to: (i) use, re-format, modify (as necessary to prepare Your Story Content for printing), reproduce and distribute any and all of Your Story Content for the purpose of printing and distributing Products that you order or that you authorize for purchase by others, (ii) use, re-format, create backup copies, modify (as necessary to prepare Your Story Content for the specific restricted purposes your specify during the submission process (“Restricted Purpose(s)”)), reproduce and distribute Your Story Content for the Restricted Purpose(s) (if and to the extent applicable); and (iii) with respect to any of Your Story Content that you or your parent/guardian (for children under the age of 13) expressly designate as being “public” or “shared”, to link to, use, reproduce, create derivative works from, syndicate, sell, license, print, sublicense, distribute, publicly display, publicly perform and otherwise exploit Your Story Content, including, without limitation, making Your Story Content available to the StoryJumper community and to include Your Story Content in StoryJumper’s promotional and marketing materials. You agree that StoryJumper may exercise the License granted by you without notice, payment or attribution (unless expressly specified by you during the submission process). You agree that the License granted to StoryJumper includes the right for StoryJumper to contract out the production, including, without limitation, physical printing, of the Products to a third party. You agree that StoryJumper reserves the right to maintain electronic files of Your Story Content and any Products, as applicable, to fulfill any further orders which may be placed for such Products and to maintain an archival copy of the tangible Product.
d. License to Other Members. Except for any of Your Story Content that you specify as being usable only for Restricted Purpose(s) during the submission process, and subject to any restrictions set forth in this Agreement, you also hereby grant all other Members of the Site and Services the a non-exclusive, worldwide, perpetual, irrevocable license to link to, use, copy, publicly display, publicly perform, create derivative works from and otherwise communicate and distribute Your Story Content for any purpose on or through the Site and Services and/or in such Member’s own Products solely in connection with a Member’s personal use of the Site and the Services. You acknowledge and agree that a Member can exercise the foregoing rights without further notice, payment or attribution to you (unless expressly specified by you during the submission process as further described below).
e. Public Use. Except for any of Your Story Content that you or your parent/guardian (for children under the age of 13) expressly designate as being “public” or “shared” or otherwise agree to share with StoryJumper or some or all Users and/or Members of the StoryJumper community during the submission process, you submit Your Story Content on a “private” (i.e., non-public) basis. For the avoidance of doubt, any of Your Story Content that you or your parent/guardian (for children under the age of 13) expressly designate as being “public” or “shared” will not be limited to any Restricted Purpose(s) and is provided on a non-proprietary and non-confidential basis, and will be generally accessible by other Users of the Site and Services. Therefore, be sure that any information that you include in Your Story Content that you or your parent/guardian (for children under the age of 13) have designated as “public” or “shared” or otherwise agree to share with StoryJumper or some or all Users and/or Members of the StoryJumper community during the submission process is information that you are comfortable with sharing with others.
g. No Back Up of Content. StoryJumper encourages you to maintain your own backup of any Content that you post to the Site or submit to StoryJumper, including, without limitation, Your Story Content. StoryJumper is not a backup service, and StoryJumper will not be liable for any loss of, modification, suspension or discontinuation of any Content offered on or through the Site and Services.
8. StoryJumper Content and Member Story Content. The Services contain Content owned by StoryJumper or its licensors (other than Members) (“StoryJumper Content”) and Content that certain Members of the Site have permitted other Members to use pursuant to the license granted above (“Member Story Content”). You may use the StoryJumper Content or Member Story Content only in connection with the Site and Services, and you may not link to, use, copy, publicly display, publicly perform, communicate, distribute or otherwise exploit the StoryJumper Content or Member Story Content in or on any third party website (including, without limitation, a website owned or controlled by you or another User) or in products, goods and/or services not ordered through StoryJumper. StoryJumper and its licensors (other than Members) own and retain all proprietary and intellectual property rights in and to the StoryJumper Content, Site and Services. StoryJumper hereby grants you a limited, revocable, non-sublicensable, non-transferable, personal license to link to, use, copy, publicly display, publicly perform, create derivative works from and otherwise communicate and distribute the StoryJumper Content on or through the Site and Services and/or in your Products ordered through StoryJumper solely in connection with your personal use of the Site and the Services. Except for the rights expressly granted under this Agreement, you have no other rights to the StoryJumper Content or Member Story Content.
9. Software. StoryJumper may provide you with certain proprietary software that StoryJumper allows you to download from this Site (“Software”). StoryJumper grants you a limited, personal, non-exclusive and non-transferable license to use the Software solely for your personal use in connection with viewing the Site and using the Services. Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit the Software in any manner. This limited license terminates automatically, without notice to you, if you breach any of term of this Agreement. Upon termination of this limited license, you agree to immediately destroy any downloaded Software. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Software.
10. Rules of Conduct & Activity. You are solely responsible for any Content, including, without limitation, Your Story Content, that your submit, post or otherwise provide by or through your Account or the Site and/or the Services and/or that you transmit to Users or any other third party through your Account and/or in connection with the Site and Services, including, without limitation, through e-mails, posting areas, profiles, personal pages or other services available in connection with the Site and Services, included in any of your Products and/or through your interactions with other Users.
a. Prohibited Content. You agree that you will not post, submit or otherwise provide to the Site and/or Services any Prohibited Content (defined herein). “Prohibited Content” includes any Content that: (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) involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing, or “spamming,”; (iv) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) promotes, reproduces, performs or distributes an illegal or unauthorized copy of another person’s work that is protected by copyright or trade secret law, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated images or links to pirated image files; (vi) is involved in the exploitation of persons in a sexual or violent manner, or solicits personal information from anyone under 13; (vii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses and other harmful code; (viii) solicits passwords or personally identifying information for commercial or unlawful purposes from other Users; (ix) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; (x) violates any applicable law, rule or regulation, including, but not limited to, laws and regulations governing export control, unfair competition, anti-discrimination and false advertising and privacy and data protection; (xi) involves commercial activities that are detrimental to the interests of StoryJumper; or (xii) otherwise violates this Agreement or creates liability for StoryJumper. StoryJumper reserves the right to refuse to print any Products that contain Content that it determines in it sole discretion is Prohibited Content, and you agree to indemnify and hold StoryJumper and its subsidiaries, affiliates, officers, employees, suppliers, service providers, and partner companies harmless for any claims, losses, liabilities and expenses arising out of or relating to any breach of this section.
b. Your Profile. Any Content posted by you in your User profile on the Site may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post, submit or otherwise provide a name, likeness, photograph or image of another person without that person’s permission.
c. Member Interaction. You will not use (a) the Services and (b) any information obtained from the Services in order to harass, abuse, send Spam to, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent.
d. No Disruption. You will not: (i) interfere with, disrupt, or create an undue burden on the Site and/or Services or the networks or services connected to the Site and/or Services; or (ii) introduce software or automated agents to the Site and/or Services, generate automated messages, or to strip or mine data from the Site and/or Services.
e. Miscellaneous. You will not attempt to impersonate another User or person, including any employee of StoryJumper. You will use the Site and Services in a manner consistent with any and all applicable laws, rules and regulations.
f. Enforcement by StoryJumper and Removal of Content. StoryJumper has the right (but not the obligation) to review any Content on the Site and to reject, refuse, delete or remove any Content on the Site, with or without case and with or without notice, for any reason or no reason. Without limiting the foregoing in any way, StoryJumper may delete Prohibited Content and Content that is illegal, offensive, violates this Agreement and/or the rights of StoryJumper or any other entity or person, harms or threatens the safety of any User or any other person; or creates liability for StoryJumper, its suppliers, service providers, partner companies or any User. StoryJumper reserves the right (but has no obligation) to investigate and take action in its sole discretion against you if you violate this provision or any other provision of this Agreement, including without limitation, removing Prohibited Content from the Site and/or Services, terminating your membership, reporting you to law enforcement authorities, and taking legal action against you. StoryJumper does not and cannot review all Content posted by you or other Users of the Site. The foregoing prohibitions do not require StoryJumper to monitor, police or remove any Content or other information submitted by you or any other User. StoryJumper reserves the right to retain a copy of any Content deleted from the Site and/or Services in order to comply with applicable law, resolve disputes, enforce this Agreement and to take any other actions otherwise permitted by law that StoryJumper deems necessary in its sole discretion.
11. Copyright Policy. It is StoryJumper’s policy to terminate membership privileges of any Member who repeatedly infringes the copyright rights of others upon prompt notification to StoryJumper by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site and/or through the Services or used in any Product in a way that constitutes copyright infringement, please provide our Copyright Agent identified below with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the location on the Service of the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for StoryJumper’s Copyright Agent for notice of claims of copyright infringement is as follows:
2625 Middlefield Road, #256
Palo Alto, CA 94306-2516
12. Feedback and Submissions. To the extent that you provide StoryJumper with any suggestions, information, ideas, or feedback concerning the Site, Services and/or Content on or in the Site and Services, including, without limitation, through e-mails, voicemails, postings, feedback forms (“Feedback”), the Feedback will be the sole and exclusive property of StoryJumper. You agree to assign and hereby assign to StoryJumper all right, title and interest worldwide in and to the Feedback, and all related intellectual property rights, and you agree to assist StoryJumper in perfecting and enforcing such rights. To the extent that you provide any story ideas to StoryJumper, either solicited or unsolicited (collectively, “Submissions”), you hereby grant StoryJumper a non-exclusive, perpetual, worldwide, irrevocable, royalty-free, fully paid license (with the right to sublicense through multiple tiers of licensees), under all intellectual property rights therein, to use, reproduce, modify, edit, adapt, create derivative works, publicly perform, publicly display, publish, make, sell, offer for sale and otherwise exploit your Submissions on an unrestricted basis for any purpose. These rights are non-exclusive, and you are free to use your Submissions for any purpose too. Therefore, to avoid the possibility of any future misunderstandings when projects developed by us or under our direction might seem similar to your own creative works, do not submit any Submission for which you are not willing to grant the license set forth above. You retain ownership of any copyrights or other intellectual property rights in any Submissions. You agree that any Feedback and Submissions you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way. Please be sure that any information you include in any Feedback or Submission is information that you are comfortable with sharing with others. You further acknowledge and agree that you have no expectation of any review, compensation or consideration of any of your Feedback or Submissions. The terms of this provision apply equally to Feedback and Submissions that are either solicited by StoryJumper or voluntarily submitted by you. Accordingly, we, our licensees, distributors, agents, representatives and Users of the Site and Services shall be entitled to exploit and disclose all Feedback and Submissions, and we shall not be liable to you or any third party for any exploitation or disclosure thereof.
13. Limited Warranty
a. Limited Warranty for Purchased Products. StoryJumper warrants that, subject to minor differences across products and printing partners as described in StoryJumper’s Return Policy, any books that you order from the Site (“Books”) will be free of any defects in materials and workmanship. StoryJumper will, at its own expense and at its sole obligation and your exclusive remedy, replace any defective Books which you report to StoryJumper via StoryJumper’s customer support within seven (7) days of your receipt thereof. Warranties offered for other Products ordered through the Site, if any, will be subject to the terms and conditions set forth on any warranty information page(s) on the Site. To report a warranty claim and/or for further limited warranty information, you may contact StoryJumper’s customer support department: StoryJumper Customer Service, 2625 Middlefield Road, #256, Palo Alto, CA 94306-2516.
b. Warranty Disclaimer. StoryJumper does not proof, edit or change any of the Content, including, without limitation, any of Your Story Content or any Member Story Content, in the Products that you post or submit for production. As a result, the foregoing limited warranty does not include the obligation to correct any (a) typographical errors, mistakes in grammar, unfinished text or other text errors; (b) low resolution images that may appear blurry in print; (c) design issues, including formatting, organization, style, color and page layout; or (d) other creative choices that you make related to the Product. THE CONTENT OF A PRODUCT THAT YOU HAVE SUBMITTED CANNOT BE EDITED ONCE THE PRODUCT HAS BEEN ORDERED. Therefore, you agree that you will not order a Product unless it has been fully proofed and you are satisfied that it is ready to be published and/or produced. StoryJumper is not responsible for any incorrect or inaccurate Content (including, without limitation, any of Your Story Content or any Member Story Content) posted on the Site and/or Services, whether such inaccuracies are caused by StoryJumper or its Users or by any of the equipment or programming associated with or utilized in connection with providing the Services. StoryJumper assumes 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 Content submitted by Users. StoryJumper is 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 Site and/or Services. Under no circumstances shall StoryJumper be responsible for any loss or damage, including personal injury or death, resulting from use of the Site and/or Services or from any Content posted on the Site and/or Services or transmitted by or to Users, or any interactions between Users of the Site and/or Services, whether online or offline.
EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, TO THE EXTENT LEGALLY PERMITTED UNDER THE APPLICABLE LAWS, (A) THE SITE, SERVICES AND ALL CONTENT ON OR IN THE SITE AND SERVICES AND PRODUCTS AS WELL AS THE PRODUCTS ARE PROVIDED “AS-IS” AND AS AVAILABLE AND, (B) STORYJUMPER EXPRESSLY DISCLAIMS AND EXCLUDES ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
14. LIMITATION ON LIABILITY: TO THE EXTENT REQUIRED BY APPLICABLE LAW, WE DO NOT LIMIT IN ANY WAY OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FOR OUR FRAUDULENT MISREPRESENTATION OR CONCEALMENT OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWS. SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL STORYJUMPER AND ITS AFFILIATES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE SITE, SERVICES OR ANY CONTENT OR PRODUCTS, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DIRECT DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE ARISING OUT OR RELATED TO THIS AGREEMENT OR THE SITE, SERVICES, CONTENT AND PRODUCTS EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $50 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE STORYJUMPER SITE. MOREOVER, SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL STORYJUMPER OR ITS AFFILIATES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
15. System Outages and Changes to Services. You acknowledge and agree there will be occasions when the Site and/or Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of StoryJumper, and that StoryJumper will have no liability for your inability to access and/or use the Site and/or Services, or any portion thereof, during any of the foregoing events. StoryJumper reserves the right to change, alter or vary the Site, Services and/or Content offered on or through the Site and Services at any time without notice.
16. Release. You hereby release StoryJumper, its officers, 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 any interactions with other Users. 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.”
17. Indemnity. You agree to defend, indemnify, and hold StoryJumper, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Site and Services in violation of this Agreement, Your Story Content or any other Content submitted by you or an individual using your Account that violates any applicable local, state, federal or international law, rule or regulation or intellectual property rights of a third party or arising from your breach of any provision of this Agreement.
18. Electronic communications. The communications between you and StoryJumper use electronic means, whether you visit the Website or send StoryJumper e-mails, or whether StoryJumper posts notices on the Website or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from StoryJumper in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that StoryJumper provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in writing. The foregoing does not affect your statutory rights.
19. U.S. Export Controls. Content and software available in connection with the Site and Services (the “Software”) is further subject to United States export controls. No Content or software may be downloaded from the Site and/or Services or otherwise exported or re-exported in violation of U.S. export laws. By downloading or using the Content and software, you represent and warrant that such download or use is not in violation of any such law.
20. Governing Law and Arbitration. This Agreement shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You and StoryJumper agree to submit to the jurisdiction of, and agree that venue is proper in, the state courts located in San Mateo, California (USA) and the federal courts located in the Northern District of California (USA) in such legal action or proceeding. The application of the United Nations Convention on the International Sale of Goods is hereby expressly excluded. Any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with this Agreement where the total amount of the award sought is less than five thousand U.S. Dollars (US$ 5,000.00) may be resolved in a cost effective manner through binding non-appearance-based arbitration, at the option of the party seeking relief. Such arbitration shall be initiated through JAMS (“ADR Provider”) and under the rules of such ADR Provider, except to the extent such rules are in conflict with this Agreement. The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider. The ADR Provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) all arbitration proceedings shall be held in English; c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider. Notwithstanding the foregoing, StoryJumper may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. Please note that the laws of the jurisdiction where you are located may be different from California law, including the laws governing what can legally sold, bought, exported, offered or imported. You shall always comply with all the international and domestic laws, ordinance, regulations and statutes that are applicable to your use of the Services and your purchase of Books and other products from the StoryJumper Services.
21. Links to Third Party Web Sites. This Site may be linked to other web sites that are not StoryJumper websites (“Third Party Web Sites”) and certain areas of the Site may allow you to conduct transactions or purchase goods or services from or through such Third Party Web Sites. StoryJumper is providing these links to you as a convenience, and StoryJumper does not verify, make any representations or take any responsibility for such linked to Third Party Web Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, links displayed or activities conducted on such Third Party Web Sites. The Third Party Web Sites may have different privacy policies and terms and conditions and business practices than StoryJumper. Your dealings and communications through the Site with any party other than StoryJumper are solely between you and such third party. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party. YOU AGREE THAT STORYJUMPER WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, RESOURCES OR CONTENT AVAILABLE THROUGH ANY THIRD PARTY WEB SITES AND/OR THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT, ADVERTISING OR BUSINESS PRACTICES OF ANY THIRD PARTY. Any reference on the Site to any product, process, publication or service of any third party, by trade name, domain name, trademark, trade identity, service mark, logo, manufacturer or otherwise does not constitute or imply StoryJumper’s endorsement or recommendation.
22. Force Majeure. A party will not be liable for non-performance or delay in performance (other than of obligations regarding payment of money) caused by any event reasonably beyond the control of such party including, but not limited to wars, hostilities, revolutions, riots, civil commotion, national emergency, epidemics, fire, flood, earthquake, force of nature, explosion, embargo or any “act of God.”
23. Copyright/Trademark Information. Copyright © 2009, StoryJumper. All rights reserved. The trademarks, logos and service marks (“Marks”) displayed on the Website are the property of StoryJumper or other third parties. You are not permitted to use these Marks without the prior written consent of the third party that owns the Mark.
24. General. If any term of this Agreement is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. StoryJumper’s failure to enforce any term of this Agreement is not a waiver of such term. This Agreement is the entire agreement between you and StoryJumper and supersede any prior or contemporaneous negotiations, discussions or agreements between you and StoryJumper with respect to the subject matter hereof. The proprietary rights, disclaimer of warranties, indemnities, limitations of liability and definitions and rights, duties and obligations of the arties that by their nature continue and survive shall survive any termination of this Agreement.