StoryNow Terms of Service Agreement
Welcome StoryNow App users. We at StoryNow are passionate to help inspiring businesses and nonprofits, such as yours, make compelling video stories in order to reach more customers and raise your revenue or advance your mission and increase donations.
These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our Services. Please read them carefully and reach out to us if you have any questions.
Terms of Service
These Terms govern your access to and us StoryNow App, as well as all content and services (for example: training, resources and editing services).
Our Services are offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, StoryNow’s Security Statement), and procedures that may be published from time to time by StoryNow (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and the Agreement will apply to any upgrades. As indicated herein, we may change these Terms of Service from time to time, and we will notify you of any such changes. You agree that your continued use of the StoryNow App after such changes reflects your continued acceptance of this Agreement incorporating such changes.
Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Agreement. If you do not agree to all the terms of the Agreement, then you may not access or use our Services.
- Who’s Who
Throughout these Terms, “you” applies to both individuals and entities that access or use our Services as an “Authorized User.” You are using this app on behalf of your business or nonprofit.
If you are an individual using our Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Service(s), you are accepting the Agreement on behalf of that entity.
We refer to Story Now LLC as “StoryNow” or “we” throughout these Terms. We also reference the StoryNow App as the “App” in this Agreement.
- Our Services
StoryNow App — We provide you with this App that enables you to create Content (such as, but not limited to, video, text, photo, audio, or other materials) with your phone or tablet to reach more customers and raise your revenue or advance your mission and increase donations. The App contains story-templates with interview questions and shot-lists, as well as best practices and how-to resources.
While we provide these valuable tools, you play a critical role as the director, interviewer, filmmaker and overall producer of the Content. So, that is why we highly recommend that you participate in our webinar trainings and use our resources.
Editing Services — With this Agreement, there is no agreement of an edited video. However, if you do pay for editing services see the “Editing Agreement” for Terms of Service.
Our App and Services maybe offered only during a limited time. However, the Agreement remains in perpetuity.
- Your Account
Use of our Services requires an account, and thus you agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your account information up-to-date and for keeping your password secure.
You are responsible for maintaining the security of your account and any services related to the app, the website, or other content, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with our Services. You shall not share or misuse your access credentials. You must immediately notify us of any unauthorized uses of your account, app, or website portal, or of any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
When you create a StoryNow account, we consider that to be an inquiry about our products and services, which means that we may contact you to share more details about what we have to offer. Don’t worry — if you aren’t interested in learning more, you can opt out of the marketing communication, whether it’s an email, phone call, or text message.
- Minimum Age Requirements
Our Services are not directed to children. Access to and use of our Services is only for those over the age of 18. If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 18 years of age or older.
- Your Responsibility
StoryNow is committed to equipping Authorized Users to create video stories that inspire and encourage good in the world. It is your responsibility to use the App and Services for the intended purposes, including abiding by our best practices (for example: proper completion of the StoryNow Consent form for every interview).
We highly encourage you to adhere to our recommended approach to interviewing and filming to make the storytelling experience a positive one for you as well as those being interviewed and filmed. StoryNow will not be responsible for your use of the App and Services. You and your nonprofit or business are solely responsible for anyone involved in your interviewing and filming with the App.
We are not liable for any and all Content (such as, but not limited to, video, text, photo, audio, or other materials) created by you with our App and Services and are not responsible for any use or effects of such Content or any damages resulting from such Content.
- Content Restrictions
In keeping with our commitment to help you create positive video stories, you may not use our App and Services to capture and/or share Content that:
Violates or infringes upon:
- Any applicable law;
- Any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
Promotes or depicts:
- Unlawful acts or extreme violence;
- Hateful, defamatory, or discriminatory speech or practices;
- Terror or hate groups;
- Exploitation of minors;
- Sexually explicit or sexually exploitive Content (e.g., pornography);
- Instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms;
- Animal cruelty or extreme violence towards animals;
- False information or misleading claims.
- Content Ownership
The nonprofit or business using the CLT StoryNow App owns the Content created with the App to be used to advance its mission and increase donations or reach more customers and raise revenue. However, StoryNow has the rights to view all Content created by the App and to use the Content you captured for educational and marketing purposes.
Your Content ownership and StoryNow’s rights of use extends beyond the App’s availability into perpetuity.
- Editing of Content
If you choose to submit your Content for editing, StoryNow has the right to edit and modify the Content in any way in order to create the final video story. Once you submit the Content as an Authorized User and pay for it, StoryNow reserves the right to make all editing decisions. While we are dedicated to helping you create a great video story, we are not obligated to give you rights of review or to make any changes.
- General Representation and Warranty
You represent and warrant that your use of our Services:
- Will be in strict accordance with these Terms;
- Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, and the transmission of technical data exported from the United States or the country in which you reside);
- Will not use the Services for any unlawful purposes, to create, post, distribute or otherwise publish illegal content, or in furtherance of illegal activities;
- Will not infringe or misappropriate the intellectual property rights of any third party;
- Will not overburden StoryNow’s systems, as determined by us in our sole discretion;
- Will not disclose sensitive personal information of others;
- Will not be used to send spam or bulk unsolicited messages;
- Will not interfere with, disrupt, or attack any service or network; and
You are responsible for taking precautions as necessary to protect yourself and your phone, tablet and/pr computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- Third-Party Sites
Our services may link or permit you to link to other websites or resources on the internet, and other websites or resources may contain links to the Site. When you access third-party websites, you do so at your own risk. Those other websites are not under StoryNow’s control, and you acknowledge that StoryNow is not liable for the Content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Site does not imply endorsement by or affiliation with StoryNow. You further acknowledge and agree that StoryNow will not be liable for any damage related to the use of any Content, goods, or services available through any third-party website or resource.
- Relationship of Parties
StoryNow is an independent contractor, and nothing in these Terms and Conditions or any other Documentation will create any partnership, joint venture, franchise, sales representative, or employment relationship between you and StoryNow or our respective affiliates. You will have no authority to make or accept any offers or representations on our or our affiliates’ behalf. You will not make any statement, whether on your site or otherwise, that contradicts or may contradict anything in this Section. If you authorize, assist, encourage, or facilitate another person or entity to take any action related to the subject matter of these Terms and Conditions, you will be deemed to have taken the action yourself.
- StoryNow’s Intellectual Property
Nothing in this Agreement or your use of the StoryNow App shall be construed to transfer ownership of or grant a license under any IP Rights, Patent Rights, or other rights in intellectual property or technology of StoryNow, by implication, by estoppel or otherwise.
As an Authorized Pilot Participant you agree to not share your App account with anyone or share any details concerning the StoryNow App or process with anyone outside your non-profit organization.
We are constantly updating our Services and that means sometimes we have to change the legal terms under which our Services are offered. These Terms may only be modified by a written amendment signed by an authorized executive of StoryNow, or by the posting by StoryNow of a revised version.
- Terms and Termination
You will have access to the app from October 16 through December 31, 2019. However, these terms of the Agreement continue in perpetuity.
We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) refuse or remove any content that, in our reasonable opinion, violates any StoryNow policy or is in any way harmful or objectionable, (ii) ask you to terminate your account, if we believe your use of the App and storage or usage is out of hand and burdens our systems (which is rare and typically only occurs when the App or Yarkon is not used as intended ), or (iii) terminate or deny access to and use of any of our Services to any individual or entity for any reason.
All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
- Disclaimer of Warranties
Our Services are provided “as is.” StoryNow and its subsidiaries, parents, affiliates, directors, officers, employees, and agents hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of fitness for a particular purpose and non-infringement. Neither StoryNow, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain our App and our Services at your own discretion and risk.
- Jurisdiction and Applicable Law.
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of North Carolina, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in Charlotte, North Carolina.
- Limitation of Liability
In no event will StoryNow and its subsidiaries, parents, affiliates, directors, officers, employees, and agents be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data. StoryNow shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless StoryNow and its subsidiaries, parents, affiliates, directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement, Content that you post, and any ecommerce activities conducted through your or another user’s website.
You agree to provide StoryNow with all information and data necessary to complete the services outlined in this Agreement. Data submitted by you for use in conjunction with the StoryNow Services, whether supplied by you or by other third parties, shall remain the sole property of you or such third parties, as applicable, unless expressly stated. Your Data is further defined as you, the nonprofit, and/or other data subject’s Personal Information, and other User Submissions, directly associated with your use of the Services. “Personal Information” means any of your information processed by StoryNow pursuant to the Agreement, relating to an identified or identifiable natural person; where an “identifiable natural person” means an individual who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to the individual’s physical, physiological, mental, economic, cultural or social identity.
You grant StoryNow the nonexclusive, worldwide, right to use, copy, store, transmit and display your Data to the extent necessary to provide services pursuant to this Agreement. StoryNow will not sell, license, share, transfer or otherwise disclose your Data, specifically including but not limited to list administer login information, to any third party except when expressly directed by you or when required by law. StoryNow may disclose your Data to its employees, contractors and agents and access your Data in order to provide technical support to Users.
StoryNow shall exercise reasonable commercial efforts to make the Service secure. You however, are solely responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all your Data. StoryNow shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any of you Data.
The Agreement constitutes the entire agreement between StoryNow and you concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; StoryNow may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
These terms are derived, under Creative Commons license, from the terms at Automattic.
- Contact Us
If you have any questions regarding these terms, feel free to contact the StoryNow team at firstname.lastname@example.org.
Thanks for using our StoryNow App and Services!