If you have a question or a concern about the Terms of Service, we invite you to contact us.
The following is an agreement between MyStorybook.com (“MyStorybook”, “us”, “our” and “we”), and any person or other legal entity, (“you”, “your” or “account holder”) who wishes to use the Site, whether as an account holder on the Site (“Member”) or merely as a visitor browsing the Site (Members, visitors and other users of the Site are collectively described in this agreement as “Users”).
You may not change, supplement or amend this Agreement in any manner. MyStorybook may unilaterally amend or supplement this Agreement from time to time. MyStorybook will attempt to notify you of any amendments on the Site and/or at the email address you provide to us on registration. If you do not agree with the amendments you must terminate your Member account and cease use of the Site and the Service. Please note that it is your responsibility to keep your registration information with us, including your email address for notification purposes, accurate and up-to-date. Any amendments to the licenses provided in this Agreement shall amend any licenses granted before the amendment takes effect, as well as any granted after the amendment takes effect.
The Site allows Users to create their own storybooks by assembling content available on the Site, submitting ideas, writing, and uploading their own content, and sharing those stories through the Site with other Users. These types of content will be refered to as “Content” in this Agreement.
In order for us to make the User Content you contribute available on the Site for these purposes, and to operate, market and promote the Service, we need the right to make use of such User Content in accordance with and subject to this Agreement.
Therefore, by contributing User Content to the Site or creating it on the Site you automatically grant to us an irrevocable and perpetual (except as set forth in this Agreement), non-exclusive, transferable, fully-paid, royalty-free (except as expressly set forth in this Agreement), worldwide license (“License”), by ourselves or with others, to use, copy, distribute, publicly perform, publicly display, print, publish, republish, excerpt (in whole or in part), reformat, translate, modify, revise and incorporate into other works, that User Content and any works derived from that User Content, in any form of media or expression, in the manner in which the Service permits User Content to be used, and to permit others to do so.
You agree that MyStorybook may use User Content without notice, payment or attribution. You agree that the License granted to MyStorybook includes the right for MyStorybook to contract out the production, including, without limitation, physical printing, of the Products to a third party. You agree that MyStorybook reserves the right to maintain electronic files of Your Storybook Content and any Products, as applicable, to fulfill any further orders which may be placed for such Products.
You may at any time, on written notice to us, terminate your use of the Site and this Agreement in the manner provided below, and upon such termination your license to us and our sublicenses to others shall also terminate, provided that after such termination that license and those sublicenses will continue with respect to any Permitted Use of your User Content that commenced prior to the effective time of the termination, until that Permitted Use ceases. A Permitted Use is any use of Content permitted by this Agreement or the Service. For example, if at the time of your termination any User Content you have contributed content to the Site, or has been printed by a Member for their personal use, or is used by us in promotional materials, those uses may continue until they cease.
Also, if you choose to terminate, we may retain a copy of the applicable User Content for archival purposes. Finally, if your use of the Site or this Agreement terminates for any reason, or Content is removed from the Site, your license hereunder to use the Content or the removed Content, as the case may be, terminates immediately.
MyStorybook may terminate your membership at any time and for any reason, effective upon sending notice to you at the e-mail address provided to us. You understand that termination of this Agreement and your Account may involve deletion of your profile information from our databases as well as any Content, including, without limitation, any Content you submit, contribute, or upload to the Site; but you should understand that any Content that you have posted to the Site that is designated as publically available may not be deleted. MyStorybook will not have any liability whatsoever to you for any termination of your Account or related deletion of your profile information or Content, nor, once we have deleted or removed your user profile, will MyStorybook be responsible for any Content that was not included within your deleted and/or removed user profile that remains on the Site.
Basic use of the Service is free, however we also offer paid services and products for a fee. You acknowledge that MyStorybook reserves the right to charge for Services and to change its fees from time to time in its discretion. We do not provide price protection or refunds in the event of a price reduction or promotional offering. You will be responsible for the payment of any fees, taxes or other charges to your Account and shall pay such fees, taxes and other changes in accordance with MyStorybook’s billing terms then in effect as set forth on the pricing page on the Site.
To order any products or services, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction. You will be required to give us (or our third party payment processor) a valid credit card number (VISA, MasterCard, American Express or any other issuer then accepted by us) and associated payment information at the time you order Products hereunder, including all of the following: (i) your name as it appears on the card, (ii) the credit card type, (iii) the date of expiration of your credit card, (iv) billing address, and (v) any activation numbers or codes needed to charge your card. MyStorybook currently does not accept cash, checks or any other payment form, although in the future we may change this policy.
Your credit card issuer agreement governs your use of your designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. By providing MyStorybook and/or our third party payment processor with your credit card number and associated payment information, you agree that MyStorybook (and our third party payment processor) is authorized to immediately charge your credit card on file in connection with your Account for all fees and charges due and payable to MyStorybook as a result of your purchase of any Products. You agree that no additional notice or consent is required before MyStorybook charges the credit card for all amounts due and payable. You agree to immediately notify MyStorybook of any change in your billing address or the credit card used for payment hereunder. MyStorybook reserves the right, at any time, to change its prices and billing methods for Services and/or Products, either immediately upon posting notice of the changes on the Site and/or by e-mail notification to your e-mail address on file in connection with your Account.
You agree to pay all taxes, fees and other charges incurred in connection with your use of the Services and orders and purchases of Products (including, but not limited to, sales, use or value-added taxes). MyStorybook may automatically charge and withhold such taxes, fees or other charges for orders to be delivered to addresses within any jurisdictions that it deems is required. When you order Products for overseas delivery, you may be subject to import duties and taxes, which are levied when the Products arrive at the destination that you specified. Any charges for customs clearance have to be borne by you, as MyStorybook has no control over such charges and cannot foresee the amount charged (if any). Since customs policies vary from country to country, you should contact the customs office in the country where you have us ship your Products to get more information. Please be also aware that you are considered the importer of record and must comply with all laws and regulations of such country.
You must notify us in writing within seven (7) days after receiving your credit card statement if you dispute any of our charges on that statement, or such dispute will be deemed waived. If you are giving notice of billing disputes you must contact us through at least one of the methods given on the contact page. If MyStorybook does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by MyStorybook or its agents.
All sales are final and non-refundable, including in the event of termination of your account on the Site. At myStorybook’s sole discretion, refunds may be given in extenuating circumstances, for example, if there are defects in the product or if the service experienced unreasonable downtime. MyStorybook does not proof read stories and is not responsible for any typographical, design, or other errors that might be in the Content.
Your receipt of an electronic or other form of order confirmation does not signify MyStorybook’s acceptance of your Product order, nor does it constitute confirmation of our offer to sell Products to you. MyStorybook reserves the right at any time after receipt of your order to accept or decline your order for any reason. MyStorybook further reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any Product. Your order will be deemed accepted by MyStorybook only upon our delivery of the Products that you have ordered. We may require additional verifications or information before accepting any order.
You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the “Registration Data”). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify MyStorybook of any unauthorized use of your username, password or any other Account information, or any other breach of security that you become aware of involving or relating to the Site. In addition, you agree to exit from your Account at the end of each session.
Subject to applicable law, we may suspend or terminate your Account and your ability to use the Site or Services, or any portion thereof, for your failure to comply with any term of this Agreement or any Additional Term, or for any other reason whatsoever at MyStorybook’s sole discretion.
In order to become a Member, you need to create a Member account.
MyStorybook has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Service may be subject to examination from time to time. Although MyStorybook does not and will not examine or otherwise review all Content submitted or transmitted to the Service, MyStorybook may delete, move, and edit Content for any reason, at any time, without notice. MyStorybook in no way guarantees the accuracy, non-infringement, quality or appropriateness of Content available through the Service.
MyStorybook reserves the right (but not the obligation) to remove Content from the Site at any time, without notice, for any reason, or for no reason, in its sole discretion. MyStorybook reserves the right to retain a copy of any Content deleted from the Site and/or Services in order to comply with applicable law, resolve disputes, enforce this Agreement and to take any other actions otherwise permitted by law that MyStorybook deems necessary in its sole discretion.
You represent and warrant to MyStorybook that (a) you are the sole owner, author and copyright owner of User Content you contribute to the Site or you have written permission from the author, owner or copyright owner to make such User Content available to the Service as “User Content”, and (b) such User Content does not infringe upon any third party rights (including but not limited to any copyright, patent, trademark, trade secret, other intellectual property rights, moral rights, privacy rights or publicity rights); (c) such User Content complies with this Agreement and does not contain any defamatory, libelous or obscene material; (d) such User Content does not violate any applicable laws, regulations, or contain any false statements or misrepresentations; and (e) you have the written consent, release, and/or permission of each and every identifiable individual person, or the owner/author of any objects or work in such User Content to use the name or likeness of each and every such identifiable individual person, object or work, to enable inclusion and use of such User Content in the manner contemplated by the Service and this Agreement.
If you believe that your work has been copied and posted on the Site or used in any Product in a way that constitutes copyright infringement, please contact us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the location on the Service of the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Third Party Content. Content created by third parties is made available to you through the Services. You agree that MyStorybook is not responsible for any such Content, including information about third party products or services; that MyStorybook makes no guarantees about the accuracy, currency, suitability, or quality of such Content; and that MyStorybook assumes no responsibility for unintended, objectionable, infringing, inaccurate, misleading, or unlawful Content made available by other Users, advertisers, and third parties.
Your interactions with other Users or third parties, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User or third party. The foregoing also applies to any interaction between Members (including the contribution and/or receipt of any Content) in the course of using the Site. You agree that MyStorybook will not be responsible for any loss or damage incurred as the result of any such interactions and dealings listed in this section or with respect to any other User’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including any User) in relation to the use of the Site, we are under no obligation to become involved; however, MyStorybook reserves the right to monitor disputes between you and other Users. You hereby release MyStorybook, its owners, and employees from all claims, demands, losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that are either directly or indirectly related to or arise from any interactions with other Users or their Content or any third party through or in relation to the Site or the Service. If the Site is used by a minor, the minors must be supervised by parents or legal guardians to ensure they are using the Site properly and are abiding by the Terms of Service.
MyStorybook and its licensors (other than Members) own and retain all proprietary and intellectual property rights in and to the Site Content, the Site, and Services. MyStorybook hereby grants you a limited, revocable, non-sublicensable, non-transferable, personal license to link to, use, copy, publicly display, publicly perform, create derivative works from and otherwise communicate and distribute the MyStorybook Content on or through the Site and Services and/or in your Products ordered through MyStorybook solely in connection with your personal use of the Site and the Services. Except for the rights expressly granted under this Agreement, you have no other rights to the MyStorybook Content or Member Story Content.
MyStorybook grants you a limited, personal, non-exclusive and non-transferable license to use the Site and its associated functionality solely for your personal use in connection with viewing the Site and using the Services. Except for the license set forth above, and except for any components of the Site that are used under prexisting conflicting licenses, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit the Site in any manner. This limited license terminates automatically, without notice to you, if you breach any of term of this Agreement. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Site or any of its functionality.
You agree to indemnify and hold harmless the myStorybook from any damage, liability, cost, expense, loss, claim or demand (collectively, “Losses”) including reasonable lawyers’ fees, due to or arising out of your use of the Site or the Services, including your breach of this Agreement, and including also any claims that Content provided by you to us or Members infringes the intellectual property or other rights of any third party.
The Agreement and the relationship between you and MyStorybook shall be governed by and construed and interpreted in accordance with the laws of Ontario, Canada and the federal laws of Canada applicable therein.
Any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) arising out of or relating to this Agreement; (b) the Services; (c) oral or written statements, advertisements or promotions relating to this Agreement or to the Services; or (d) the relationships that result from this Agreement or the Services (collectively, a “Claim”) will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
If you choose to access the Site from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify the MyStorybook for your failure to comply with any such laws.
MyStorybook expressly disclaims all warranties of any kind, whether express or implied, including such warranties as may be applicable under Sale of Goods legislation or other statutes, and including but not limited to the implied warranties of merchantability, fitness for a particular purpose, performance and non-infringement, or of availability or results. MyStorybook does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service or any software will be corrected.
In no event will MyStorybook be liable to you for any indirect, consequential, exemplary, incidental, special, aggravated, exemplary or punitive damages, or damages for loss of profits, goodwill, use, data or other intangible losses, whether arising out of contract, tort, negligence (including strict liability), warranty, indemnity or otherwise, arising from your use of the Site or the Service, or any of the Site Content or other materials on, accessed through or downloaded from the Site or the Service, even if myStorybook is aware or have been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained in this Agreement, the MyStorybook maximum aggregate liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to myStorybook for the Service during the one month prior to the time the liability arose. You acknowledge that if no fees are paid to MyStorybook for the Service or due to you, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from myStorybook, regardless of the cause of action.
The communications between you and MyStorybook use electronic means, whether you visit the Website or send MyStorybook e-mails, or whether MyStorybook posts notices on the Website or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from MyStorybook in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that MyStorybook provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in writing. The foregoing does not affect your statutory rights.
You acknowledge and agree there will be occasions when the Site and/or Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of MyStorybook, and that MyStorybook will have no liability for your inability to access and/or use the Site and/or Services, or any portion thereof, during any of the foregoing events. MyStorybook reserves the right to change, alter or vary the Site, Services and/or Content offered on or through the Site and Services at any time without notice.