Terms of Use – StoryCorps DIY

Terms of Use

STORYCORPS DIY TERMS OF USE

Effective Date: November 1, 2019

This DIY website (diy.storycorps.org and any successor sites) (DIY Site) is provided by StoryCorps (StoryCorps) and forms a part of the overall StoryCorps website (the Site).  By accessing the DIY Site and the Site, you acknowledge and accept the DIY Terms of Use (DIY Terms of Use). The DIY Site, and use of all related software, data feeds, widgets, materials, training materials, manuals, guides, documents, content and any other services or products available on or through the DIY Site (collectively the Services), forms a legally binding contract between you (the User) and StoryCorps (the Agreement).  StoryCorps may amend the DIY Terms of Use at any time. Your use of the DIY Site after any such changes become effective constitutes your acknowledgement and acceptance of the updated DIY Terms of Use.  Please review the DIY Terms of Use regularly to stay informed of your obligations in accordance with this Agreement.

Acceptance

By using the Services, you state that you are (1) at least 18 years of age (or an emancipated minor) and are fully able and competent to enter into the DIY Terms of Use, or (2) at least 13 years of age and your legal parent(s) or guardian(s) consent to your registration for the Services and agree to be bound by the DIY Terms of Use in respect of your use of the Services.

If you are using the Services on behalf of an entity, such as a company or an organization (each, an Entity), then you represent to StoryCorps that you have the power and authority to bind such Entity to the DIY Terms of Use.

You must agree to and accept the DIY Terms of Use prior to using the Services. If you do not agree to any of the DIY Terms of Use, you are prohibited from using or accessing the Services.

For purposes of the DIY Terms of Use, the terms “we,” “us” and “our” refer to StoryCorps. “You” refers to you, as a User of the Services. If you are using the Services on behalf of an Entity, the term “You” shall be deemed to include such Entity.

Account Creation and Security

In order to use and access the Services, you must register by creating an account (Account) consisting of your own unique login and password (Data). Your Data is confidential and will be maintained in accordance with the StoryCorps Privacy Policy. By creating an Account, you agree that:

  • you will provide accurate, current and complete information and you agree to update your information as necessary to maintain its truth and accuracy;
  • you will not create an Account for anyone other than yourself, unless you are a representative of an Entity with express authorization from an authorized representative of such Entity to create an account on behalf of such Entity;
  • you will not create more than one Account for yourself;
  • you will not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift or trade any Account, or otherwise offer access to the Services to the general public; and
  • you will not share your password with anyone, except that with respect to Accounts created on behalf of an Entity, you may share such Account information with other authorized representatives of the Entity;
  • you are solely responsible for keeping your Account confidential and any and all activities that occur on your account., therefore it’s important that you keep your account secure and use a strong password.

If you believe that someone has gained access to your Account, please reach out to StoryCorps immediately at communitytraining@storycorps.org.

YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT STORED OR HOSTED ON THE SERVICES. ALL RIGHTS IN AND TO SUCH ACCOUNTS ARE AND WILL FOREVER BE OWNED BY AND INURE SOLELY TO THE BENEFIT OF STORYCORPS.

Access and Use of the Services
You may use the Services solely for your personal training use and internal evaluation. You may not use the Services not for the benefit of any third-party. You may not transfer to a third party, either temporarily or permanently, any rights to access or use the Services.

Rights We Grant You

StoryCorps grants you a royalty-free, non-exclusive, non-assignable and non-transferable license to access and use the Services and display the DIY StoryCorps logo (the DIY Logo) for your personal and non-commercial use only. This license is subject to your use of the Services in compliance with the DIY Terms of Use and any other agreement applicable to the Services.  Any software that we provide to you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

You may not use the Services for any other purpose or in any way that breaches the DIY Terms of Use or any other agreement applicable to the Services. Additionally, you will not:

  • alter, modify, duplicate, decompile, reverse engineer, disassemble or decode (including any underlying idea or algorithm) any part of the Services, or attempt to do any of the same;
    use the Services in any way that violates, plagiarizes, misappropriates or infringes the rights of third parties, including without limitation, rights of copyright, trademark, privacy or publicity;
    use the Services in any way that violates, breaches or is contrary to any applicable law, rules, regulation, court order or is otherwise illegal or unlawful in StoryCorps’ reasonable opinion;
  • use the Services to impersonate or attempt to impersonate StoryCorps, a StoryCorps employee, another User or any other person or Entity or otherwise misrepresent yourself. Using a pseudonym to create an account does not violate this provision;
  • use the Services for harassing, unethical or disruptive purposes or use the Services in any way that is indecent, offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit or in a manner to incite hatred on grounds of race, gender, religion or sexual orientation or in any other manner objectionable in StoryCorps’ reasonable discretion;
  • post sensitive information via the Services, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses;
  • create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a “spam”) to other users of the Services;
  • exploit the Services for any commercial purpose, including without limitation, the sale of access to the Services or the sale of advertising, sponsorships or promotions placed on or within the Services or User Content;
  • use the Services in any manner that could disable, overburden, damage, disrupt or interfere with the Services, any other party’s use of the Services or use any device, software or routine that causes the same;
  • circumvent, remove, alter, deactivate, disable, degrade, thwart or otherwise interfere with any security-related technological measure or content protections of the Services;
  • use or launch any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise access the Services to monitor, extract, copy or collect information from or through the Services, or any manual process to do the same;
    introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; or
  • use the Services in any way that would affect StoryCorps adversely or reflect negatively on StoryCorps, the Services, StoryCorps’ reputation or goodwill, or its employees or moderators.

If you violate the DIY Terms of Use, StoryCorps may, in its sole discretion, immediately suspend or terminate your Account, or take other legal action.

Services Disruptions and Maintenance
We strive to keep the Services up and running. However, the DIY Site and/or the Services may be inaccessible due to scheduled and unscheduled reasons, including maintenance updates, power outages, system failures, extended downtime and other interruptions. During such periods, you may be unable to access your Account or use any or portions of the Services. StoryCorps is not liable for any disruption or loss you may suffer as a result of scheduled or unscheduled downtime.

Privacy; Information Use and Disclosure by StoryCorps

Your privacy is important to StoryCorps. In order to create an Account, you will share, and StoryCorps will collect, your Data.  Your Data will be maintained in accordance with the StoryCorps Privacy Policy.

StoryCorps uses certain Data collected from you to operate and provide the Services. As part of the Services, StoryCorps may, with your Consent provided upon registering for an Account, upload information about you and your devices, use of the Services and Services performance. Collection of this Data by StoryCorps is for the purposes of improving and enhancing the user experience while using and accessing the Services. StoryCorps may also use this de-aggregated and anonymized Data for data analytical purposes and to better understand how users are accessing and utilizing the Services.

StoryCorps regularly sends communications to subscribed users with information about StoryCorps’ programs, services, and organization news. You may unsubscribe from these communications at any time by contacting communitytraining@storycorps.org.

Your Data is confidential and StoryCorps will not disclose your Data however StoryCorps may, without providing notice to you or limiting the disclosure thereof,  access or disclose information about you, including the content of communications, any feedback you provide, or content on the Services in order to: (a) comply with a law or regulation or respond to lawful or regulatory requests or legal process; (b) protect the rights or property of StoryCorps or its customers, including the enforcement of StoryCorps agreements or policies governing your use of the Services; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of StoryCorps employees, customers, or the public.

If you cancel your Account and discontinue your use of the Services, we and our third-party partners (including third party hosting and storage sites and others) may continue to retain your Account information, data, activities, and user reports submitted, uploaded or otherwise provided by you or generated from your use of the Services prior to your cancellation of your account and/or discontinuance of your use of the Services in order to facilitate the administration of any outstanding and required Services. Retention of such Account Data shall be in accordance with applicable privacy rules and regulations and the StoryCorps Privacy Policy.

Our Intellectual Property Rights

You acknowledge that any and all other software (including source code), StoryCorps logos including the DIY Logo, icons, the DIY Site’s “look and feel,” text, graphics, images, video clips, sound clips, illustrations, content, materials, training materials, manuals, guides, documents, notices, data, page layout, selection and arrangement of the content, copyrights, patents, trade secrets, trademarks and other intellectual property rights therein is owned solely and exclusively by StoryCorps and/or its licensors and are protected by United States and international copyright, trade secret or other intellectual property laws and treaties. Except as outlined in accordance with this Agreement, you may not copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, edit, make derivative works thereof or otherwise use any portion of the Services or the content on the Services.

The STORYCORPS name and logo and all related logos, including the DIY Logo, names, product and service names, designs and slogans are trademarks of StoryCorps, its affiliates or its licensors. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by StoryCorps. You may not use, copy or imitate any such branding, logos, designs, except as set forth in this Terms of Use without the express prior written permission of StoryCorps.

Third Party Content

The Services may contain links to or make use of third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products, application program interfaces or services that are not owned or controlled by StoryCorps (collectively, Third-Party Sites). Any use of Third-Party Sites is subject to the terms of use enforced by such third party. YOUR USE OF ANY SUCH THIRD-PARTY SITES IS AT YOUR OWN RISK. None of the StoryCorps Parties (as defined below) shall be responsible or liable, directly or indirectly, for any damage or loss caused, alleged to be caused by or in connection with the use of, inability to use or reliance on any such content, goods or services available on any and all Third-Party Sites.

Service Changes and Termination

StoryCorps continuously works to improve the Services, and may change the Services or stop providing portions of or all of the Services at any time. The DIY Terms of Use are effective until terminated. You may terminate your account at any time by discontinuing your use of the Services and deleting your user account. StoryCorps reserves the right to terminate the DIY Terms of Use, and/or temporarily or permanently suspend, withdraw or restrict your access to some or all of your User Account and/or the Services, at any time, effective immediately, with or without notice, for any or no reason whatsoever. If StoryCorps terminates or restricts your use and access of the Services, then you must immediately stop using all portions of the Services, and delete the Services from your device. The provisions of this Section shall survive any termination of the DIY Terms of Use.

Warranty Disclaimer

THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, STORYCORPS, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “STORYCORPS PARTIES”) DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. STORYCORPS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, LIKELY RESULTS, RELIABILITY OR COMPLETENESS OF THE CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, (2) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (3) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (4) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (5) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. STORYCORPS DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND STORYCORPS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Limitation of Liability

IN NO EVENT SHALL THE STORYCORPS PARTIES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, PROFIT OR GOODWILL, OR DUE TO BUSINESS INTERRUPTION, UNAUTHORIZED ACCESS OR OTHER INTANGIBLE LOSSES), IN CONNECTION WITH THE DIY TERMS OF USE, THE SERVICES, USE OF THE SERVICES OR THE DELAY OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY STORYCORPS PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU SPECIFICALLY ACKNOWLEDGE THAT THE STORYCORPS PARTIES SHALL NOT BE LIABLE FOR YOUR USE OF THE SERVICES OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH STORYCORPS IS TO STOP USING THE SERVICES AND TO CANCEL YOUR ACCOUNT.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of the StoryCorps Parties shall be limited to the fullest extent permitted by law.  While the Services may be accessible worldwide, we make no representation that it is appropriate or available for use in any specific location. Any offer of the Services is void where prohibited by law.

Indemnification

You agree to indemnify, defend and hold the StoryCorps Parties harmless from and against any and all claims, causes of action, demands, obligations, damages, losses, liabilities, fines, penalties and expenses (including but not limited to attorneys’ fees) incurred by the StoryCorps Parties arising out of or in connection with: (1) any violation by you of the DIY Terms of Use; (2) any activity related to your use of the Services, be it by you or by any other person accessing your account with or without your consent, (3) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental authorities, or (4) any misrepresentation made by you. You will cooperate as fully required by StoryCorps in the defense of any claim. StoryCorps reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of StoryCorps. This indemnification obligation will survive any termination of the

DIY Terms of Use and cessation of your use of the Services.

Provisions Applicable to Users Outside the United States of America

StoryCorps seeks to create a community with consistent standards for you and all other users of the Services, but we also strive to respect local laws. The following provisions apply to people who access the Services outside the United States:

  • you consent to having your personal data transferred to and processed in the United States;
  • you will not use the Services if you are prohibited from receiving products, services or software originating from the United States; and
  • you will not use the Services if your use will subject StoryCorps to any registration requirement within a foreign jurisdiction or country.

Software related to or made available by the Services may be subject to United States export controls. Therefore, no software from the Services may be downloaded, exported or re-exported: (1) into or to a national or resident of any country to which the United States has embargoed goods; or (2) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

Governing Law
Except as expressly stated otherwise, the DIY Terms of Use shall be governed by, and will be construed under, the laws of the State of New York, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

General

StoryCorps may assign the DIY Terms of Use, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the DIY Terms of Use, or assign, sublicense, pledge, or otherwise transfer or share the benefit of any or all of your rights, if any, in the Services, and any attempt to the contrary is void. If any provision of the DIY Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the DIY Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
The DIY Terms of Use are the complete and exclusive statement of the agreement between you and StoryCorps concerning the Services, and the DIY Terms of Use supersede any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and StoryCorps. The section headings used herein are for reference only and shall not be read to have any legal effect. The DIY Site is controlled by us from the StoryCorps offices in the United States of America. If you chose to access the DIY Site from locations outside the U.S. you do so at your own risk and you shall be responsible for compliance with any local laws or regulations. If you have any questions regarding the DIY Terms of Use or this Agreement, please contact communitytraining@storycorps.org. You agree that StoryCorps may give all notices, including without limitation disclosures and legal notices, notice of subpoenas or other legal process and all other communications, we are required to give to you by posting notice on the DIY Site, or by sending you an email if we have your email address. You agree to check the DIY Site for any notices. You agree to send StoryCorps any notice by mail to our Legal Notice Address:
StoryCorps, Inc.

80 Hanson Place, 2nd floor

Brooklyn, NY 11217

legal@storycorps.org