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Storybulbs Terms of Use

 

Last Updated: February 11, 2015

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms”) govern your access to and use of the Storybulbs website located at www.storybulbs.com and its subdomains (the “Website”) and your use of the Storybulbs application which allows you to create and distribute personalized and interactive video messages (the “Platform,” together with the Website, “Our Services”). The Website is the property of 45 Degree Labs, Inc., an Oregon corporation (dba Storybulbs.com) (“Storybulbs” or “We”) and its licensors.

  1. Acceptance

Please read the Terms carefully before you start to use the Website or the Platform. By using the Website or the Platform, you agree to be bound by these Terms and our Privacy Policy (the “Privacy Policy”), found at http://storybulbs.com incorporated herein by reference. You agree to use Our Services only in accordance with the foregoing requirements. If you do not agree to the current version of these Terms, you are not entitled to use, and must terminate use of, Our Services.

We reserve the right to update and change these Terms. We will post the latest, most updated Terms at this location with a “Last Updated” date to indicate the last time these Terms were updated. If you continue to use Our Services after any changes are made to these Terms, you accept the Terms as updated.

If you violate these Terms or you, in our sole judgment, interfere with the ability of others to enjoy Our Services or infringe the rights of others, we reserve the right to block your access to Our Services.

  1. License

Subject to these Terms, Storybulbs grants you a limited, revocable, non-transferable, non-exclusive, non-assignable license to use Our Services, for the sole and limited purpose of creating personalized and interactive videos for distribution to your audience (“Videos”) using one of several ways as provided by web applications developed by Storybulbs pursuant to, in some cases, a separate written agreement between you and Storybulbs. Our Services, and Videos created through use of Our Services, are licensed, not sold, to you under these Terms. You have no ownership rights in, or related to, Our Services, Videos, any services or functionality provided by Our Services or any related documentation. Storybulbs retains all right, title, and interest in and to the original, and any copies, of Videos and Our Services (including any changes, modifications, or corrections thereto) and any related documentation.

  1. Content, Copyrights, Trademarks, and Other Restrictions

You may not: (a) submit any automated or recorded requests to Our Services unless otherwise approved in writing by Storybulbs and pursuant to separate terms of use of Storybulbs API services; (b) access Our Services with software or other means other than the Website or Storybulbs’ API as mentioned above; (c) copy, reproduce, port, translate, modify, distribute, create derivative works based on Our Services, or in any other manner duplicate Our Services, in whole or in part; (d) decompile, disassemble, reverse engineer or otherwise attempt to derive, reconstruct, identify or discover any source code, underlying ideas, or algorithms of Our Services or any Videos by any means; (e) remove any proprietary notices, labels, or marks from Our Services or any Videos; or (f) knowingly take any action that could cause Our Services to be placed in the public domain.

Our Services and the content made available by Storybulbs through Our Services, including Videos (the “Content”), including without limitation, text, graphics, legends, customized graphics, original photographs, data, images, music, audio and video clips, typefaces, titles, button icons, logos, designs, words or phrases, page headers, and software as well as the design, coordination, arrangement, enhancement, and presentation of this material, are protected under United States and international copyright laws, are subject to other intellectual property and proprietary rights and laws, and are owned by Storybulbs and its licensors and suppliers. Our Services and the Content are subject to copyright protection.

Except as provided herein or as permitted by the fair use privilege under U.S. copyright laws (17 U.S.C. Section 107), you may not upload, post, reproduce, copy, modify, publish, transmit, sell, offer for sale, or redistribute Our Services or the Content in any way without the prior written permission of the owner of the copyright or other proprietary right. You must abide by all copyright notices, information, or restrictions contained in or attached to any Content. No title, rights, or interests in any downloaded materials from Our Services are afforded to you as a result of such downloading for personal, noncommercial use.

Our Services may also contain open source software.

The names, logos, and materials displayed in Our Services constitute trademarks, trade names, service marks, or logos (“Trademarks”) of Storybulbs or other entities. Ownership of all Trademarks and the goodwill associated therewith remains with Storybulbs or those other entities. Third-party Trademarks contained in or used by Our Services are the trademarks or registered trademarks of their respective owners, and the use of such Trademarks will inure to the benefit of the trademark owner. The use of such third-party Trademarks is intended to denote interoperability and does not constitute: (i) an affiliation by Company and its licensors with such company, or (ii) an endorsement or approval of such third-party companies and its licensors and its products or services.

  1. Changes and Updates to Our Services and Compatibility

Storybulbs will have no obligation to provide Our Services and reserves the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify, suspend or discontinue Our Services and/or modify and/or waive any fees charged in connection with Our Services. You agree that neither we nor any of our affiliates will be liable to you or to any third party for any modification, suspension, or discontinuance of the Platform, in whole or in part, or of any service, content, feature, or product offered through the Platform.

Storybulbs may choose to provide updates to Our Services from time to time in its sole discretion. To the extent that you choose to use any such updates to Our Services, you acknowledge that you will be bound by the version of the Terms that is applicable as of the time you use any such update to Our Services.

Storybulbs does not represent or warrant that any version of Our Services will be compatible with any hardware or software versions or applications (including any future versions or updates of your computer or its operating system) or provide the same functionality that is provided by the current version of the Platform. Our Services may not be compatible with your hardware or software versions or applications (including any specific versions of your phone, tablet, computer, or its specific operating system). Storybulbs does not undertake any obligation to provide Our Services to you in a way that is compatible with your hardware or software.

  1. Uploads and Suggestions

Our Services may provide functionality through which you are able to upload information (such as personal or other data, text, video, audio, or images) in connection with your use of Our Services (collectively, “Uploads”). You may elect to provide or make available to Storybulbs any suggestions, comments, ideas, improvements, or other feedback or materials related to Our Services (collectively, “Suggestions”). You retain ownership of any Uploads and Suggestions that you submit through Our Services. However, any Uploads, Suggestions, or other communication or other material that you upload through Our Services is and will be deemed to be non-confidential and Storybulbs will have no obligation of any kind with respect to such information. As such, except as otherwise stated in the Privacy Policy, you hereby grant to Storybulbs and its service providers and designees a worldwide, non-exclusive, transferable, sublicensable (through multiple tiers), royalty-free, perpetual, irrevocable right and license, without compensation to you: to use, reproduce, distribute, adapt (including without limitation to edit, modify, translate and reformat), create derivative works of, transmit, publicly display, and publicly perform such Uploads, Suggestions, or other communication or other material, in any Platform now known or hereafter developed.

You agree that you are solely responsible for all of your Uploads and Suggestions and for any consequences thereof. Storybulbs is not required to host, display, or distribute any Uploads or Suggestions, and may remove at any time or refuse any Uploads or Suggestions for any reason. Storybulbs is not responsible for any loss, theft, or damage of any kind to any Uploads or Suggestions. You represent and warrant that: (a) you own all rights in your Uploads and Suggestions or, alternatively, you have acquired all necessary rights in your Uploads and Suggestions to enable you to grant to Storybulbs all of the rights described herein; and (b) your Uploads and Suggestions do not infringe the intellectual property rights, privacy, or any other legal, moral, or other rights with respect to attribution of authorship or integrity of materials of any third party.

  1. Privacy Policy For Personal Information

These Terms include and incorporate Storybulbs Privacy Policy, which is integrated herein by this reference. By using Our Services, you agree to the collection, retention, and processing of all data collected automatically by Our Services or input by you into Our Services.

  1. DMCA Notice

If you believe that your intellectual property rights have been violated by something on Our Services, please contact our Copyright Agent at:

 

Storybulbs, Inc.

Attention: DMCA Resolution

288 SE 24th Avenue

Hillsboro, OR 97123

USA

 

and provide the following information:

 

  • A 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 or a representative list of the work you believe has been infringed;
  • 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 Storybulbs to locate the material;
  • Information reasonably sufficient to permit Storybulbs to contact you;
  • A statement that you have 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; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

  1. Your Obligations

You agree to use Our Services only for lawful purposes. You may not, and will not permit any other party to: (1) modify, adapt, alter, translate, or create derivative works of the Platform; (2) use or merge the Platform, or any component or element thereof, with other software, databases, or services not provided by Storybulbs; (3) sublicense, distribute, sell, or otherwise transfer Our Services to any third party; (4) use Our Services as a service bureau, or lease, rent, or loan Our Services to any third party; (5) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or structure of Our Services; (6) interfere in any manner with the operation of Our Services; (7) circumvent, or attempt to circumvent, any electronic protection measures in place to regulate or control access to Our Services; (8) create a database by systematically downloading and storing Our Services; (9) use any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or in any way gather Our Services or reproduce or circumvent the navigational structure or presentation of Our Services without our express prior written consent; or (10) use Our Services for any commercial purpose without our express prior written consent. You agree not to develop, distribute, or sell any software or other functionality capable of launching, being launched from, or otherwise integrated with Our Services without our express prior written consent. You may not remove, alter, or obscure any copyright notice or any other proprietary notice that appears on or in Our Services. Any conduct by you that, in our sole discretion, restricts, inhibits, or interferes with the ability of any other user to enjoy Our Services will not be tolerated, including by means of hacking or defacing any portion of the Platform, or by engaging in spamming, flooding, or other disruptive activities. You are strictly prohibited from communicating on or through Our Services any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

We reserve the right to terminate or suspend Our Services without notice, if we believe, in our sole discretion, that your actions are in violation of any applicable law or it is harmful to our interests or the interests, including intellectual property or other rights, of another user or other third-party partners, affiliates, sponsors, providers, licensors, or merchants.

With respect to your user account, if you have one with Storybulbs, you agree to provide true, accurate, current, and complete information about yourself. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your account without notice and refuse any and all current and future use of the Platform. Because any termination of your access to Our Services may be effected without prior notice, you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Platform. Furthermore, you agree that we will not be liable to you or any third party for any termination of your access to your account or Our Services.

When you create an account, you will be asked to supply a User ID and password. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur in connection with your password or account. We are not liable for any loss or damage arising from your failure to protect your password or account information. You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access this site using your account or User ID. You agree to immediately notify Storybulbs of any unauthorized use of your password or user name or any other breach of security related to your account or the Platform, and to ensure that you “log off”/exit from your account with Our Services (if applicable) at the end of each session. To report unauthorized access or use of the Platform, send an e-mail to answers@storybulbs.com. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

  1. Electronic Communications

When you send emails to us, you are communicating with us electronically and consent to receive return communications, if any, from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

  1. Monitoring Use

Storybulbs reserves the right to electronically monitor your use of Our Services and may disclose any content, records, or electronic communication of any kind if required to do so by any law, regulation, or government request, if such disclosure is necessary or appropriate to operate Our Services, or to protect our rights or property, or the rights of the users, partners, affiliates, sponsors, providers, licensors, or merchants.

  1. Links

Our Services may contain links to third-party Websites or internet resources (“Linked Sites”). The Linked Sites are not under the control of Storybulbs and Storybulbs is not responsible for the availability, content, or performance of any Linked Site. Storybulbs is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Storybulbs of such Linked Site, its contents, or any products or services available through such Linked Site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. You should direct any concerns regarding these third-party sites to those sites’ administrators.

Storybulbs disclaims any responsibility for the accuracy, reliability, currency, availability, or completeness of content or information found on any sites that link to or from Our Services by third parties not associated with us. Storybulbs also does not accept any responsibility for technical failures or for unauthorized access or use of user transmissions by third parties.

YOU AGREE THAT STORYBULBS WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, SOFTWARE, OR MATERIALS FOUND AT ANY LINKED SITE.

  1. Disclaimer of Warranty

OUR SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF OUR SERVICES IS WITH YOU. SHOULD OUR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR.

ALL WARRANTIES WITH RESPECT TO OUR SERVICES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR USE OR PURPOSE ARE DISCLAIMED.

STORYBULBS AND ITS SUPPLIERS MAKE NO GUARANTEES AND DISCLAIM ANY IMPLIED WARRANTY OR REPRESENTATION ABOUT OUR SOFTWARE AND THE PLATFORM’S ACCURACY, RELEVANCE, TIMELINESS, OR COMPLETENESS. STORYBULBS DOES NOT WARRANT THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS IN ANY RESPECT OR BE AVAILABLE AT ALL TIMES, OR THAT THE OPERATION OF OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ERRORS IN OUR SERVICES OR NONCONFORMITY TO ITS OR THEIR DOCUMENTATION CAN OR WILL BE CORRECTED. YOU ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION ARE A MATERIAL INDUCEMENT AND CONSIDERATION TO STORYBULBS AND ITS SUPPLIERS TO GRANT THE LICENSE CONTAINED IN THESE TERMS AND TO PROVIDE YOU WITH ACCESS TO OUR SERVICES.

  1. Storybulbs Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT AND REGARDLESS OF THE FORM OF ACTION WILL STORYBULBS OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUE, BUSINESS INTERRUPTIONS, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THESE TERMS, YOUR USE OF OR INABILITY TO USE OUR SERVICES, OR YOUR USE OF OR RELIANCE ON ANY DATA YOU MAY ACCESS IN CONNECTION WITH YOUR USE OF OUR SERVICES, EVEN IF STORYBULBS OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

To the extent that Storybulbs may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Storybulbs’s liability will be equal to the amount the user paid for Our Services or the minimum permitted under such applicable law.

  1. Indemnification

To the fullest extent permitted under law, you will indemnify, defend, and hold harmless Storybulbs, its affiliates and its and their respective employees, officers, directors, managers, agents, representatives, successors, and assigns from and against any and all suits, claims, actions, proceedings, costs, losses, expenses (including, without limitation, fines and penalties, settlement awards and attorneys’ fees), liabilities, and damages (including, without limitation, damages relating to injury or death of any person or destruction of any property, real or personal) arising out of, connected with, or resulting in whole or in part from: (a) any acts, omissions, or negligence of you under or in connection with these Terms; (b) any breach by you of any of the terms, covenants, representations, warranties, or other provisions contained in these Terms; or (c) your use of Our Services.

  1. Termination

These Terms are effective until they are terminated. You may terminate these Terms at any time by not using Our Services and destroying any documentation under your control related to Our Services. All license rights granted to you will immediately terminate if you violate any of these Terms or upon any termination of these Terms, but all other provisions of these Terms will survive such termination.

  1. Relationships

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by the use of the Platform or Our Services, whether between you and Storybulbs, its affiliates, or any other third party.

  1. Export Laws; International Use

The United States restricts the export and re-export of commodities and technical data of United States origin. You agree that you will not export or re-export Our Services in any form in violation of the laws of the United States or any foreign jurisdiction. By using the Platform, you represent and warrant that you are not (a) a national or resident of any country to which the United States has embargoed goods, or (b) on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial and Prohibition Orders.

Our Services are intended for use only by residents of the United States over the age of 13. Storybulbs does not represent or warrant that Our Services or any part thereof are appropriate or available for use in any particular jurisdiction other than the United States. Other countries may have laws and regulatory requirements that differ from those in the United States. By using Our Services, you agree to the transfer and processing of any personal information you provide as set forth in the Privacy Policy under the laws of the United States and the State of Oregon, rather than under the law of your home country or any country in which you use the software.

  1. Arbitration

Our Services are controlled and operated by Storybulbs from the United States, and are not intended to subject Storybulbs or its affiliates to the laws or jurisdiction of any state, country, or territory other than that of the United States. Except to the extent otherwise provided by law, any dispute or claim arising out of or in any way relating to these Terms or Our Services will be finally resolved by arbitration. The arbitration will be conducted in accordance with the International Institute for Conflict Prevention and Resolution (“CPR”) Rules for Non-Administered Arbitration (Effective November 1, 2007), except as they may be modified herein or by mutual agreement of the parties. The arbitration will take place in Portland, Oregon or such other location as agreed to by the parties. Notwithstanding the foregoing, the parties consent to the jurisdiction of the federal or state courts having jurisdiction in the location where the arbitration is conducted as to judicial proceedings relating to any aspect of the arbitration, including motions to confirm, vacate, modify, or correct an arbitration award. The arbitration will be governed by the Federal Arbitration Act, 9 U.S.C. §1, et seq., and judgment upon the award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The arbitration will be conducted by one arbitrator, who will be selected by agreement of the parties or, failing such agreement, within 30 days after the initiation of the arbitration, by the CPR. The parties will be responsible for paying the costs of the arbitration in accordance with CPR rules. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it will not be disclosed beyond the tribunal, the parties and their counsel, and any person necessary to the conduct of the proceeding. The confidentiality obligations will not apply if disclosure is required by law or in judicial or administrative proceedings, or to the extent that disclosure is necessary to enforce the rights arising out of the award, provided that the parties agree to use best efforts to keep such disclosure confidential and agree, subject to court approval, to submit such disclosure to a court only under seal. Claims may not be brought in the arbitration proceeding by or on behalf of a purported class of claimants who are not parties to these Terms. This agreement to arbitrate will constitute an irrevocable waiver of each party’s right to a trial by jury, as well as of rights to discovery or to an appeal that would customarily be available in a judicial proceeding but that may be limited or unavailable in connection with such arbitration.

To the extent that this arbitration requirement is found to be entirely unenforceable, you agree that any dispute arising from or relating to these Terms of Use will be brought exclusively in a federal or state court of competent jurisdiction in Portland, Oregon, and in no other jurisdiction, and you hereby consent to personal jurisdiction and venue in, and agree to service of process issued or authorized by, such court. Storybulbs reserves the right to make any claim against you and seek and be granted any legal or equitable remedy against you in any court anywhere in the world.

You agree that these Terms are governed by the laws of the State of Oregon, USA, as such laws apply to contracts between Oregon residents entered into and performed entirely in Oregon, notwithstanding your place of residency or Oregon’s conflicts of law provisions. These Terms will not be governed by the U.N. Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

  1. Miscellaneous

These Terms are the entire agreement between you and Storybulbs with respect to and supersedes any previous oral or written communications or documents (including, if you are obtaining an update, any agreement that may have been included with an earlier version of the Platform) concerning the subject matter of these Terms. In no event will any additional or inconsistent term in any purchase order or similar document submitted by you modify these Terms.

You may not assign these Terms or any of the rights or licenses granted under these Terms or sell, rent, lease, license, sublicense, distribute, transfer, lend, or otherwise grant any right in Our Services to any person or entity in whole or in part. Any attempted sublicense, transfer, or assignment in violation of these Terms is void.

If any provision of these Terms is found to be invalid or unenforceable, it will be enforced to the extent permissible and, to the extent invalid or unenforceable, such provision will be deemed modified to the most limited extent necessary to be valid and enforceable, in accordance with applicable law, while still as fully as possible carrying out the intent of the original provision, and the remainder of these Terms will remain in full force and effect.

Failure by Storybulbs to prosecute any right with respect to a default hereunder will not constitute a waiver by Storybulbs of the right to enforce rights with respect to the same or any other breach.

  1. Contact Us

You may contact us electronically at the e-mail address below with any questions, complaints or claims regarding Our Services: answers@storybulbs.com.

037165/00002/6211168v3

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