These Terms of Use (“TOU”) apply to each user of the website linking these TOU (“Website”) provided by Stories In Focus LLC (“Company,” “we,” “us,” or “our”).
Your use of this Website is subject to these TOU and all applicable laws, rules and regulations. Please read these TOU carefully and contact us with any questions.
BY ACCESSING THIS WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THE TOU SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TOU, you are not authorized to use this website.
These TOU may be modified by us at any time without prior notice to you. You can review the most current version of these TOU at any time at www.storiesinfocus.com. In agreeing to these TOU, you are responsible for periodically checking for changes and/or updates to these TOU.
1. LICENSE.
Company grants you a revocable limited, non-sublicensable, non-transferable, non-exclusive license to use the Website solely for non-commercial purposes. In utilizing the Website, you are responsible for ensuring compliance with any applicable terms and conditions of any social networking site through which the Website is made available. As between Company and you, title, ownership rights, and intellectual property rights in and to the Website and any derivatives or modifications thereof, in whole or in part, remain with Company. You understand that Company may modify or discontinue the Website or any of its features at any time in its sole discretion without notice to you. The TOU does not entitle you to any support, upgrades, updates, add-ons patches, enhancements, or fixes for the Website except in Company’s sole discretion. You do not acquire any right, title or interest in any content on the Website by virtue of accessing the Website or making use of the permitted uses allowed under these TOU. No license to use or reproduce any logo or trademark included on the Website is granted to you by these TOU or otherwise. The trademarks, logos, service marks and business names displayed on the Website are protected, whether or not they are registered. Any unauthorized use of content or information posted on the Website and any unauthorized reproduction, retransmission or other use of any part of the Website may infringe our, or third parties’ copyrights , trademarks, privacy, publicity or other rights.
2. PRIVACY.
Any information you provide during use of the Website is governed by the Privacy Policy located at www.storiesinfocus.com. You agree to the collection, use and sharing of your information as set forth in our Privacy Policy.
3. LIMITATIONS.
In connection with your use of the Website, you will not, and will not allow any third party to:
a) Post or link to any material that contains:
– Adult content, including nudity, sexual terms and/or images of people in positions or activities that are excessively suggestive or sexual;
– Obscene, defamatory, libelous, slanderous and/or unlawful content;
– Content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent;
– Inflammatory religious content;
– Politically religious agendas and/or any known associations with hate, criminal and/or terrorist activities; or
– Hate speech, whether directed at an individual or a group, and whether based upon the race, disability, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity, or language of such individual or group.
b) Remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices contained within the Website; c) Modify, adapt, disassemble, decompile, translate, reverse engineer or otherwise attempt to discover the source code or structure, sequence and organization of the Website or any content contained therein;
d) Use the Website in any manner that could damage, disable, overburden, or impair the Website, Company, the applicable social networking site, or any other person or entity; or
e) Collect any information (including usernames and/or email addresses) about other users of the Website; create or transmit unwanted electronic communications to other users of the Website; or otherwise interfere with such users’ enjoyment of the Website.
You may not take any action to interfere with the Website or any other user’s use of the Website. You expressly agree that you will not copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Website without our prior written consent. You agree not to bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.
You agree not to use the Website for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes). You agree that you will comply with all laws related to your use of the Website.
4. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE.
We are committed to complying with U.S. copyright and related laws, and we require all users of the Website to comply with these laws. Accordingly, you may not disseminate any material or content using the Website in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. It is our policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the rights of any user to access the Website if any such user is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who we believe, in our sole discretion, is infringing these rights. Upon our receipt of a proper notice of claimed infringement under the DCMA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is:
Stories In Focus LLC
322 West 57th St, Apt 40F
New York, NY 10019
If you believe that content that you or a third party has been used via the Website in a way that violates yours or someone else’s copyright or other intellectual property rights, please provide us with the following information:
– an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
– a description of the copyrighted work or other intellectual property that you claim has been infringed;
– a description of where the material that you claim is infringing is located;
– your address, telephone number, and email address;
– a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
– a statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
6. LIMITATION ON LIABILITY; DISCLAIMERS.
THE WEBSITE, INCLUDING ALL CONTENT THEREIN, IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED AND YOU SHALL USE THE WEBSITE AT YOUR OWN RISK. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE, INCLUDING ALL CONTENT THEREIN, IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED WITHIN THE WEBSITE. COMPANY DOES NOT WARRANT THAT THE WEBSITE OR WEBSITE CONTENT OR THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT COMPANY) ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION.
COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THE WEBSITE. IN NO EVENT SHALL COMPANY or any of its OFFICERS, DIRECTORS, EMPLOYEES, representatives OR AGENTS (COLLECTIVELY, “RELEASED PARTIES”), BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSSES, COSTS, OR EXPENSES WHATSOEVER (“LOSSES”), INCURRED OR SUFFERED BY SUCH PERSON ARISING OUT OF OR RESULTING FROM, AMONG OTHER THINGS (I) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO, FROM OR VIA THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, (V) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSSES OF ANY KIND INCURRED AS A RESULT OF ANY USE OF THE WEBSITE OR, (VI) ANY OTHER LOSSES OTHERWISE RESULTING FROM THE USE OF THE WEBSITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
NOTWITHSTANDING THE FOREGOING, IF THE RELEASED PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY CONNECTED WITH YOUR USE OF THE WEBSITE OR ANY CONTENT CONTAINED THEREIN, RELEASED PARTIES’ LIABILITY SHALL IN NO EVENT EXCEED US $5.00.
7. INDEMNITY.
You agree that you will defend , indemnify and hold harmless ALL OF THE RELEASED PARTIES from any and all claims, demands, causes of action, damages, losses, costs and expenses (including any reasonable attorney’s fees) in any way arising out of your use of the Website, including without limitation (i) all matters related to your access to and use of any Company online services, including, without limitation, your use of the Website, (ii) your violation of any provision contained in the TOU; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; (iv) any claims that your use of the Website caused damage to a third party, and/or (v) violations of any and all applicable laws, rules or regulations from any jurisdiction.
8. LINKS TO OTHER SITES.
The Website may contain links to websites operated by or on behalf of Company, and your use of all such websites are subject to the applicable policies of those websites. The Website, including content therein, may contain links to third-party websites. These links are provided as a convenience to you. Company does not control and is not responsible for the content of such third-party websites or the conduct of the operators of such third-party websites, and does not make any representations regarding the accuracy, copyright or other statutory or regulatory compliance, legality or decency of any of the content or other materials on such third-party websites. Company encourages you to exercise discretion while browsing the Internet. If you decide to access linked third-party websites, you do so at your own risk.
9. TERMINATION.
Company reserves the right, at any time and in its sole discretion, to discontinue the use of the Website in whole or in part, and prevent any person or entity from access to the Website. Upon termination for any reason, Sections 6 (Limitation on Liability; DISCLAIMERS), 7 (Indemnity) and 0 (General), together with any licenses granted to Company hereunder, will survive.
10. Arbitration; Governing Law.
To the extent permitted by law, any controversy, dispute or claim arising out of or relating to these TOU will be submitted to arbitration before a single arbitrator in accordance with the Commercial Rules of the American Arbitration Association. The prevailing party will be entitled to reasonable attorneys’ fees, costs and expenses.
This agreement to arbitrate does not constitute a waiver of your right to seek a judicial forum where such waiver would be void under applicable laws. Except for the Section entitled Arbitration, which will be governed by the Commercial Rules of the American Arbitration Association, to the extent permitted by law, this Agreement and any dispute, disagreement, or issue of construction or interpretation whether relating to its execution, its validity, the obligations provided herein, or performance will be governed by the internal laws of the State of New York (the “Governing Jurisdiction”) without regard to choice of law considerations. Any action, suit or proceeding arising out of, under or in connection with this Agreement seeking an injunction or not otherwise submitted to arbitration pursuant to this Agreement will be brought and determined in the appropriate federal or state court in the Governing Jurisdiction and in no other forum. The parties hereby irrevocably and unconditionally submit to the personal jurisdiction of such courts and agree to take any and all action necessary to submit to the jurisdiction of such courts in any such suit, action or proceeding arising out of or relating to this Agreement.
11. NO CLASS ACTIONS.
You agree to resolve any disputes related to this Agreement as an individual and not as a class or join any class. You understand that, in return for agreement to this provision and the dispute provision above, we are able to offer the Service at the terms designated, and that your assent is an indispensable consideration to this Agreement. You also acknowledge and understand that, with respect to any dispute with ANY OF THE RELEASED PAARTIES, arising out of or relating to your use of the Service or this Agreement:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
12. NO WAIVER.
The failure of Company to insist upon or enforce any of the provisions of these TOU, or to exercise any rights or remedies under these TOU, will not be construed as a waiver of Company’s right to assert or rely upon any such provisions, rights, or remedies in that or any other instance; rather, the same will be and remain in full force and effect. No waiver of any term of these TOU shall be deemed a further or continuing waiver of such term or any other term.
13. If any provision of these tou is deemed, to any extent, to be invalid, illegal, or incapable of being enforced, such provision shall be excluded to the extent of such invalidity, illegality, or unenforceability; all other terms herein shall remain in full force and will be enforced to the fullest extent permitted by law.