Terms of Service
PLEASE REVIEW THESE TERMS CAREFULLY. BY REGISTERING FOR AN ACCOUNT OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING ANY UPDATES OR REVISIONS TO THE TERMS OR ANY POLICY. THIS AGREEMENT PROVIDES THAT ALMOST ALL DISPUTES BETWEEN YOU AND US ARE SUBJECT TO BINDING ARBITRATION AS WELL AS A WAIVER OF CLASS ACTION RIGHTS AND ANY RIGHT TO A JURY TRIAL. BY ENTERING THIS AGREEMENT, YOU GIVE UP YOUR RIGHT TO SUE IN COURT, HAVE YOUR CLAIMS HEARD BY A JURY, AND TO BE PART OF A CLASS OR COLLECTIVE ACTION, TO RESOLVE THESE DISPUTES, ARBITRATION WILL BE USED.
Acceptance of Terms
This Agreement (this “Agreement”), including the BINDING ARBITRATION AND CLASS ACTION WAIVER CONTAINED HEREIN, is entered into by and between Storyhoney.com, Inc. (“Storyhoney,” “we,” “us,” or “our”) and you (“Customer,” “you” or “your”) (each herein also referred to individually as a “Party,” or collectively as the “Parties”). Storyhoney offers simple and efficient services through its proprietary online platform accessible from the website and associated domains of https://storyhoney.com (collectively, “Site”) which may be updated from time-to-time, including any successor websites and domains, and web, mobile or desktop applications (the Site together with the Apps, the “Service”). Any access to or use of the Service is subject to the terms and conditions in the Terms of Service (“Terms”) set forth herein. Storyhoney may, at its discretion, update the Terms at any time. You can access and review the most current version of the Terms at the URL for this page or by clicking on the “Terms of Service” link within the Service or as otherwise made available by Storyhoney. If you are entering into the Terms on behalf of a company or other legal entity, you represent and warrant that you are authorized and lawfully able to bind such entity to the Terms, in which case “you” shall refer to such entity. You represent and warrant that you are:
- over eighteen (18) years of age or the age of majority in your jurisdiction, whichever is greater;
- of legal age to form a binding contract;
- not a person barred from using the Service under the laws of your country of residence or any other applicable jurisdiction;
IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.
Customer obligations
This section outlines the responsibilities and obligations of the customer when using Storyhoney's services. It covers aspects like appropriate use of the service, content responsibility, account security, payment obligations, compliance with laws, and restrictions on reselling the service.Use of Service
The customer agrees to use the service only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of the service. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within the service.Content Responsibility
The customer is solely responsible for any content they upload, post, display, or otherwise make available on the service, and they must ensure that such content complies with all applicable laws and regulations. The customer also agrees not to upload, post, display, or otherwise make available any content that is false, misleading, unlawful, defamatory, obscene, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.Account Security
The customer is responsible for maintaining the confidentiality of their account and password and for restricting access to their computer. They agree to accept responsibility for all activities that occur under their account or password.Payment Obligations
The customer agrees to pay all fees associated with their use of the service, including any fees associated with the use of the service under their account. The customer is responsible for providing accurate payment information and for ensuring that the payment information is kept up to date.Compliance with Laws
The customer agrees to comply with all local, state, national, and international laws, rules, and regulations applicable to their use of the service. No Resale of Service: The customer agrees not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes any portion of the service, use of the service, or access to the service.Intellectual Property
This section primarily deals with the ownership and rights associated with intellectual property. It clarifies that while Storyhoney retains ownership of its intellectual property, the customer retains rights to their data and any content derived from it. The section also outlines the conditions under which customers can use Storyhoney's services and how feedback from customers is treated.
Ownership of Intellectual Property
All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, derivative works and all other rights (collectively, “Intellectual Property Rights”) in and to all documents, work product and other materials that are delivered to Customer under this Agreement or prepared by or on behalf of the Provider in the course of performing the Services, except for any confidential information of the Customer or customer materials, shall be owned by the Provider.
Customer's Rights
Customer shall own all right, title and interest, including all Intellectual Property Rights, in and to the Customer Data, as well as any content created or derived from the Customer Data. Nothing herein shall be construed to assign or transfer any Intellectual Property Rights from the Customer to the Provider, except as expressly stated.
License to Use
Subject to this Agreement, the Provider grants the Customer a non-exclusive, limited, non-transferable and revocable license to access and use the Services solely for its internal business purposes. The rights granted to the Customer in the Services under this Agreement are subject to the following restrictions: (a) the Customer shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (b) the Customer shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services; (c) the Customer shall not access the Services in order to build a similar or competitive product or service; and (d) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means.
Reservation of Rights
Except as expressly granted in this Agreement, nothing in this Agreement shall be construed as transferring any Intellectual Property Rights to the Customer, and the Provider reserves all rights, title, and interest in and to the Services and the Provider's Intellectual Property Rights.
Feedback
If the Customer or any of its employees or contractors sends or transmits any communications or materials to the Provider by mail, email, telephone, or otherwise, suggesting or recommending changes to the Services, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like ("Feedback"), the Provider is free to use such Feedback irrespective of any other obligation or limitation between the parties governing such Feedback. The Customer hereby assigns to the Provider on the Customer's behalf, and on behalf of its employees, contractors and/or agents, all right, title, and interest in, and the Provider is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although the Provider is not required to use any Feedback.
Confidential Information
"Confidential Information" means all business or technical information of a party whether it is received, accessed or viewed by the recipient, whether prior to or after the execution of this Agreement, in writing, visually, electronically or orally.
Confidential Information shall include, without limitation, pricing information, custom service offerings, technical information, marketing and business plans, databases, specifications, formulations, tooling, prototypes, sketches, models, drawings, specifications, procurement requirements, engineering information, product samples, computer software (source and object codes), forecasts, identity or details about actual or potential customers or projects, clinical trials, techniques, inventions, discoveries, know-how and trade secrets, and any other information that could reasonably be considered as confidential information.
Confidential Information also includes all such business or technical information of any third party that is in the possession of a party subject to the exceptions set forth in this Section. Confidential Information does not include information that:
- was available to recipient prior to disclosure of such information to the recipient and free of any confidentiality obligation in favor of the disclosing party and known to the recipient at the time of disclosure;
- is made available to the recipient from a third party not known by the recipient at the time of such availability to be subject to a confidentiality obligation in favor of the disclosing party;
- is made available to third parties by the disclosing party without restriction on the disclosure of such information;
- is or becomes available to the public other than as a result of disclosure by the recipient prohibited by this Agreement; or
- is developed independently by a party or its directors, officers, members, partners, employees, consultants, contractors, agents, representatives or affiliated entities (collectively, “Associated Persons”).
Non-Disclosure
The recipient will keep secret and will not disclose to anyone any of the Confidential Information, other than furnishing the Confidential Information to Associated Persons; provided that such Associated Persons are bound by agreements respecting confidential information. The recipient will use reasonable care and adequate measures to protect the security of the Confidential Information and to attempt to prevent any Confidential Information from being disclosed or otherwise made available to unauthorized persons or used in violation of the foregoing. Notwithstanding anything to the contrary herein, a recipient is free to make, and this Agreement does not restrict, disclosure of any Confidential Information in a judicial, legislative or administrative investigation or proceeding or to a government or other regulatory agency; provided that, if permitted by law, the recipient provides to the disclosing party prior notice of the intended disclosure and permits the disclosing party to intervene therein to protect its interests in the Confidential Information, and cooperate and assist the disclosing party in seeking to obtain such protection Data Security. Storyhoney will use commercially reasonable efforts to maintain security in accordance with Exhibit B: Security. Customer agrees that Storyhoney may use Customer's name and trademarks in Storyhoney's marketing materials and website; however, Storyhoney will not use Customer’s name or trademarks in any other publicity (e.g., press releases, customer references and case studies), without first obtaining approval in writing.
Security Incidents
Storyhoney will inform Customer within 72 hours of detecting any actual or suspected unauthorized access, collection, acquisition, use, transmission, disclosure, corruption or loss of Customer Information, or breach of any environment (i) containing Customer Information, or (ii) managed by Storyhoney with controls substantially similar to those protecting Customer Information (each, a “Security Incident”). Storyhoney will remedy each Security Incident in a timely manner and provide Customer written details regarding Storyhoney's internal investigation regarding each Security Incident. Storyhoney agrees not to notify any regulatory authority, nor any customer, on behalf of Customer unless Customer specifically requests in writing that Storyhoney do so and Customer reserves the right to review and approve the form and content of any notification before it is provided to any party. Storyhoney will cooperate and work together with Customer to formulate and execute a plan to rectify all confirmed Security Incidents.
Disclaimer of warranties
THE PLATFORM AND ALL SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS.” EACH PARTY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING: (A) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; AND (B) ANY WARRANTY WITH RESPECT TO THE QUALITY, ACCURACY, CURRENCY OR COMPLETENESS OF THE PLATFORM, ANY DATA OR RESULTS OBTAINED THROUGH THE PLATFORM, AND ANY SERVICES PROVIDED UNDER THIS AGREEMENT, OR THAT USE OF THE PLATFORM AND SUCH SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, FREE FROM OTHER FAILURES OR WILL MEET CUSTOMER'S OR END USERS' REQUIREMENTS. CUSTOMER ACKNOWLEDGES AND AGREES THAT CUSTOMER IS SOLELY RESPONSIBLE FOR VERIFYING THE ACCURACY AND COMPLETENESS OF ALL DATA AND RESULTS SUBMITTED TO OR OBTAINED FROM THE PLATFORM BEFORE TAKING OR OMITTING ANY ACTION BASED UPON SUCH DATA OR RESULTS. CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THE SERVICE COMMITMENTS DESCRIBED ON THE SITE SHALL BE THE RE-PERFORMANCE OF THE APPLICABLE SERVICES.