Effective Date: November 1, 2019
Account Creation and Security
- 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 [email protected].
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
- 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.
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
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 [email protected].
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.
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.
Third Party Content
Service Changes and Termination
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
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.
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.
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