Effective Date: 12/11/2017
PLEASE NOTE THAT SECTION XI CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS FOR RESOLVING ANY DISPUTE WITH US.
II. YOUR ACCOUNT
To use certain features of the Services, you must create an account. You are solely responsible for any activity that occurs through your account. You agree you will not sell, transfer, license or assign your account or any account rights. You also represent that all information you provide or provided to us upon registration, and at all other times, will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
We provide some features of the Services to you free of charge. Other features of our Services may require you to subscribe and to pay a subscription fee, which we will communicate to you in advance. Your payment information is collected, processed, and stored via the Apple App Store or Google Play Store platforms, or other third-party services, as applicable. We do not collect, process, or store your payment information. Your subscription will automatically renew after the end of the subscription period, which will also be communicated to you in advance, unless you cancel your subscription. We may change our subscription fees at any time, at our sole discretion. We will communicate any price changes to you in advance. If applicable, we will also communicate to you how to accept those price changes.
IV. Prohibited Conduct
You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, and without limitation, you may not:
- engage in unauthorized spidering, “scraping,” or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
- take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
- use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service or any activity conducted on the Service or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
- attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Service;
- engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.
Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms. We may suspend or terminate your access to the Services for any or no reason at any time without notice. Upon termination, all licenses and other rights granted to you in these Terms will immediately cease.
V. INTELLECTUAL PROPERTY AND RELATED RIGHTS
The Services contain content owned or licensed by us. All such content is protect to the fullest extent permitted under the copyright, trademark, patent, trade secret, and other intellectual property or related laws of the United States and other countries. Except as otherwise permitted by these Terms or by applicable law, you may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Services without our written consent. Nor may you remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying content on our Services.
VI. RECORDING STORIES
Through our Services, we may give parents the option to record stories in their own voice. You are solely responsible for the content of stories you choose to record. We do not use, share, distribute, or modify your recorded stories unless (a) you give us consent to do so, or (b) in our sole discretion we determine doing so to be necessary to maintain or improve our Services. We store recorded stories solely for your convenience. You are responsible for ensuring you have adequate backups of your recorded stories, separate from any copies we may store for you. You are not permitted to share, reproduce, distribute, or modify recorded stories.
VII. VALUE LESSONS
We provide value lessons through our Services for you to use as you see fit. But we do not guarantee any results from our value lessons, nor do we promise that you or your culture will share the same values.
VIII. USER SUBMISSIONS
We are open to your feedback about our Services. But we have no obligation to you regarding any feedback or suggestions you send to us, including story ideas. We may return materials you send to us, or acknowledge your submissions, but we cannot and do not promise that we will do so. Anything you send to us will be treated as non-confidential and non-proprietary. You agree that if you send us any content, including ideas, you waive all rights in and to that content. We will be free to use such content as we see fit without any compensation, obligation, or liability to you.
IX. LINKS TO THIRD-PARTY CONTENT
The Services may contain links to third-party content. We do not control, endorse, sponsor, recommend, or otherwise accept responsibility for such content. Use of any linked third-party content is at the user’s own risk.
X. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Your use of the Services is at your own risk. The Services are provided “as is” without warranties of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement, or other violation of rights. We do not warrant the adequacy, currency, accuracy, likely results, or completeness of the Services or any third-party sites linked to or from the Services, or that the functions provided will be uninterrupted, virus, or error-free. We expressly disclaim any liability for any errors or omissions in the content included in the Services or any third-party sites linked to or from the Services. some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
In no event will we, or our subsidiaries, affiliates, directors, officers, employees, agents, and assigns be liable for any direct or indirect, special, incidental, consequential or punitive damages, lost profits, or other damages whatsoever arising in connection with the use of the Services, any interruption in availability of the Services, delay in operation or transmission, computer virus, loss of data, or use, misuse, reliance, review, manipulation, or other utilization in any manner whatsoever of the Services or the data collected through the Services, even if one or more of them has been advised of the possibility of such damages or loss. Any claim arising out of or connected with the Services will be limited to the greater of $100 or the amount that you paid to access the Services.
XI. ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS. BY AGREEING TO BINDING ARBITRATION, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.
In order to expedite and control the cost of disputes, we and you agree that any legal or equitable claim, dispute, action or proceeding arising from or related to the Services (“Dispute”) will be resolved as follows to the fullest extent permitted by law:
- Notice of Dispute. In the event of a Dispute, you or we must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and a proposed solution. You must send any Notice of Dispute to us at [email@example.com]. We will send any Notice of Dispute to your address if we have it, or otherwise to your email address. You and we will attempt to resolve any Dispute through informal negotiation within sixty days from the date the Notice of Dispute is sent. After sixty days, you or we may commence arbitration.
- Binding Arbitration. If the Dispute is not resolved by informal negotiation or in small claims court, any other effort to resolve the Dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all Disputes in court before a judge or jury. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
- Class Action Waiver. Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any Dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
- Arbitration Procedures. Any arbitration will be conducted by the American Arbitration Association (the “AAA”) under the applicable Consumer or Commercial Arbitration Rules in effect at the time the Dispute is filed. You may request a telephonic or in-person hearing by following the AAA rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim.
- Arbitration Fees. Whoever files the arbitration pays the initial filing fee. If we file, we pay. If you file, you pay unless you get a fee waiver under the applicable arbitration rules. All other fees will be allocated as provided by the rules of the arbitration firm and applicable law. Each party will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.
- Disputes Must Be Filed Within One Year. To the extent permitted by law, any Dispute under this agreement must be filed within one year in an arbitration proceeding. The one-year period begins when the Dispute or Notice of Dispute first could be filed. If a Dispute isn’t filed within one year, it’s permanently barred.
- Temporary Injunctive Relief. Prior to the appointment of an arbitrator, either party may seek temporary injunctive relief in any court of competent jurisdiction without waiving its right to arbitration.
- Severability. If any provision of these Terms is found to be illegal or unenforceable, that provision will be severed, the severed provision will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision, and the remainder of the Terms will remain in full force and effect. If this agreement to arbitrate is found to be illegal or unenforceable, the parties agree to the fullest extent permitted by applicable law that any Dispute relating to your use of the Services or these Terms shall be commenced and heard in the U.S. District Court for the Northern District of California, 450 Golden Gate Avenue, San Francisco, California 94102. To the fullest extent permitted by law, you agree to submit to the personal and exclusive jurisdiction of that court.
You agree to indemnify, defend and hold us and our subsidiaries, affiliates, directors, officers, employees, agents and assigns harmless from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to or associated with your use of the Services and any alleged violation by you of these Terms. We reserve the right to assume the exclusive defense of any claim for which We are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as we reasonably request.
These Terms constitute the entire agreement between you and us, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Services.
Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of the Terms or respond to any violations. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use.