Terms of Service

STORYMOIR

Terms of use Agreement

This Terms of Use Agreement ("Agreement") provides important information about your use of the Storymoir online platform ("Site") and is an agreement between you and Storymoir, LLC ("SM") that governs your use of the Site.

At any time, SM may change, add, or remove any part of this Agreement or any part of the services and features provided at the Site. If it does so, SM will update the Agreement on the Site.

IMPORTANT - PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SM SITE.

THIS SITE PROVIDES OPPORTUNITIES TO INTERACT IN ORDER TO POST AND SHARE LIFE STORIES, SUCH AS MEMOIRS, BIOGRAPHIES, AND ANECDOTES. YOUR PARTICIPATION IN THE SITE IS VOLUNTARY AND IS GOVERNED BY THIS AGREEMENT INCLUDING ALL DISCLAIMERS OF LIABILITY INCLUDED THEREIN. SM RESERVES THE RIGHT TO MODIFY OR UPDATE THIS AGREEMENT AT ANY TIME IN ITS DISCRETION.

BY USING THE SITE OR ANY MOBILE APPLICATIONS TO POST CONTENT TO THE SITE, INCLUDING STORIES YOU POST, COMMENTS, AND MESSAGES, OR TO ACCESS AND VIEW SITE CONTENT OR OTHER USER CONTENT, YOU ARE AGREEING TO THESE TERMS.

IF YOU CHOOSE TO USE THE SITE, YOU MUST ACCEPT THIS AGREEMENT AS PRESENTED TO YOU, WITHOUT CHANGES. BY ACCEPTING THIS AGREEMENT AND BY CONTINUING TO ACCESS OR USE THE SITE, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU MAY NOT ACCESS OR USE THE SITE, OR ACCEPT OR AGREE TO THESE TERMS, IF YOU HAVE NOT REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE. IN SUCH CASE, YOU WILL NEED TO HAVE A PARENT OR GUARDIAN AGREE TO THE TERMS OF USE. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SITE.

IF ANY FUTURE CHANGE IS UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE USING THE SITE. YOUR CONTINUED USE OF THE SITE WILL ALWAYS INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT AND ANY CHANGES TO IT.

General

As long as you comply with the Agreement, and subject to the terms herein, SM grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
In addition to the terms and conditions in this Agreement, all use of the Site is governed by any Terms of Service ("Terms of Service") that may from time to time be set forth on the Site and which are specifically incorporated herein. In the event of any conflict between this Agreement and the Terms of Service, this Agreement will govern.
You must be at least the age of majority in your state to post to the Site or have a parent or guardian agree to this Agreement on your behalf.
You agree to not interfere with or disrupt the Site.
You are solely responsible for the content of your computer and any transmissions you make when using the Site.

Site Content

Views expressed on the Site are not endorsed by SM.
Users are solely responsible for the content that is posted to the Site by any such user. Users making Submissions assume all risks related to the publication and display of the Submission, including any reliance on its accuracy and any claims relating to intellectual property or other legal rights.
SM does not prescreen stories or content submitted by users of the Site ("Submissions"). SM retains the right, but not the responsibility, to edit or remove any Submission, including those deemed by SM to violate this Agreement. SM will make good faith efforts to investigate allegations that Submissions violate the Agreement but (a) makes no warranty to you that it will edit, remove, or continue to permit the display of any specific Submission, whether or not subject to such allegations, and (b) will have no liability whatsoever for editing, removing, or continuing to permit the display of any Submission whatsoever.
SM does not provide specific product endorsement or support on the Site. SM may post Submissions of its own or provide general information or guidance related to Submissions or the Site; however, any information or guidance that is provided by SM or its agents is offered on an "AS IS" basis without warranties of any kind.
SM does not make any warranty or guarantee that any information posted on any part of the Site, even if such posting is made by SM, is accurate, complete, or in any way reliable. Submissions represent the stories, views, statements and opinions of the individual user that posted the Submission and are not necessarily the opinion of SM or its officers, managers, members, employees, partners, or affiliates. SM does not approve or disapprove of any Submission.
Users shall have the right to designate Submissions as "private" or "public". For private Submissions, users can select who can see and access a Submission. Private submissions will not be shared with users other than the users selected to have access, Public Submissions will be accessible to all users of the Site.
Users understand there may be rare instances where a private Submission may be accessed by non-authorized users. SM will make good faith efforts to investigate allegations that private Submissions have ben accessed by unauthorized users but (a) makes no warranty to you that such unauthorized access may not occur, and (b) will have no liability whatsoever for in the event there is such unauthorized access.
All content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such content. We may not monitor or control the content posted via the Site and we cannot take responsibility for such content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted via the Site or endorse any opinions expressed on the Site. You understand that by using the Site, you may be exposed to content that might be offensive, harmful, inaccurate, or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive.
The Site may use "cookies" and other technologies to track user activity within the Site. These technologies help SM improve your experience. You agree with the use of such technologies. The Privacy Policy below describes how SM uses and protects your personal information.
To submit information to the Site, each user must create a unique username and login as provided on the Site. You are responsible for all the activity on your account, and for keeping any account information or passwords confidential.
The Site may contain links to other websites; for instance, stories, user profiles, and other posts may link to other sites. When you access third-party websites, you do so at your own risk. We don’t control or endorse those sites.

Submissions

Code of Conduct for Submissions. You agree to the abide by the following code of conduct regarding your Submissions:
1. Be Factual. The SM Site is designed for users to share true and factual life stories. While SM makes no representations about the truthfulness or veracity of any Submission, in the spirit of the nature of the Site, users should only post Submissions that are factual and by posting a Submission, you are agreeing that the content of the Submission is factual to the best of your knowledge.
2. Stay on Topic. The SM Site is here to allow sharing of Submissions. Do not add Submissions about other topics. Your Submission should be within the category identified on the Site. Constructive feedback about the Site is welcome as well.
3. Be Polite and Lawful. Everyone should feel comfortable reading Submissions and participating in discussions. Do not include in your Submission or username any material that is libelous, defamatory, indecent, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, abusive, vulgar, obscene, pornographic, sexually explicit, or offensive in a sexual, racial, cultural, or ethnic context. Do not: (i) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content submitted to any part of the Site; (ii) post any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or (iii) post any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights or rights of publicity or privacy rights of any third party.
4. No Polls or Petitions. Do not post polls or petitions or links to same.
5. No Advertising. Do not use the Site to sell or market your products to others and do not post a URL unless it directly answers a user’s question. If any portion of your Submission, including any posted URL, results in any accrual of compensation or benefit to you, you must note this in your post by stating, "I may receive some form of compensation, financial or otherwise, from my recommendation or link."
6. Be Original. Material submitted must be your own work or work to which you have a license. You warrant and represent that you own or otherwise control all of the rights to the information contained in your Submission. You may not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person, group, or entity.
7. Do No Harm. Do not post any material that contains software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
8. No Collection of Data. No user may collect or store personal data about other users.
9. Respect the Ownership of Submissions. Do not unlawfully use any content from the Site without permission. Don’t change, translate, reproduce, distribute or otherwise create derivative works of any content unless you get explicit consent from the author of that content.
License to Use Submission. While users own the rights to Submissions posted by them, including any rights to publish, republish or otherwise exploit the content of the Submissions elsewhere, by sending a Submission to the Site you also agree to grant SM a perpetual, royalty-free, non-exclusive worldwide right and license to use, reproduce, publish, translate, create derivative works from, distribute, make available to the public (except for private Submissions), and use any part of the Submissions for marketing and related purposes. You are agreeing that: (1) SM may use, copy, modify, publish, or redistribute the Submission and its contents; (2) there is no obligation for SM to review the Submission; (3) there is no obligation for SM or any of its agents or employees to keep the Submission confidential; and (4) SM may exclusively retain all profits or revenue received from marketing and other sources that it may receive from the Submission being posed on the Site and SM shall have no obligation to share any such revenue with any user or pay a user any amount for such Submission being posted on the Site. If you do not want to grant SM the rights set out above, do not send your Submission to the Site. The foregoing notwithstanding, SM will not use private Submissions for marketing purposes.
Indemnification Regarding Submission. You are fully responsible for the content of your Submissions. SM, AS A PROVIDER OR USER OF THE SITE, SHALL NOT BE TREATED AS THE PUBLISHER OR SPEAKER OF ANY INFORMATION PROVIDED BY A USER. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SM, ITS PRINCIPALS, AGENTS, MANAGERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AND AFFILIATES for all third-party claims or expenses arising out of or related to your Submissions in accordance with this Agreement.
SM Takedown and Enforcement. SM reserves the right to delete or take down any Submission, disable, or take action against any account, at any time, for any reason. Submissions may be edited, moved, deleted, or removed at the SM’s discretion. SM reserves the right to temporarily or permanently withdraw a user’s access or use of the Site in its discretion.
Responses. SM does not guarantee a response to any post on the Site. You understand that posts on the Site are addressed to other users and not SM, and SM does not guarantee that any support issue will be addressed on the Site.
Reporting Copyright Infringement. If you are a content owner and believe that someone’s Submission infringes your copyright in your content, then please report the matter to SM using the contact information provided on the Site.
SM’s Rights in the Site. SM reserves all rights in the Site’s and any services on the Site’s look, design, and layout. You may not copy or adapt any portion of our code or visual design elements (including logos) without express written permission from SM. You may not use our logo or trademarks in any way that might suggest SM endorses a particular product or service, or you have a business relationship with SM.

Limitation of Liability/Indemnity/Disclaimer of Warranties

THE SITE AND ALL INFORMATION, COMMENTARY, SERVICES, AND DOCUMENTATION PROVIDED IN CONNECTION WITH ANY PART OF THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

SM SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT PRODUCTS OR SERVICE, OR LOSS OR DAMAGE TO INFORMATION OR DATA ARISING OUT OF THE USE OR INABILITY TO USE ANY PART OF THE SITE OR THE RELIANCE ON ANY INFORMATION CONTAINED ON ANY PART OF THE SITE. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL SM BE LIABLE FOR DAMAGES RESULTING FROM USE OF ANY PART OF THE SITE, OR RELIANCE ON THE INFORMATION PRESENTED IN ANY SUBMISSION OR IN CONNECTION WITH ANY PART OF THE SITE, EVEN IF SM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALL DISCLAIMERS AND LIMITATIONS SET FORTH IN THESE TERMS OR OTHERWISE EXISTING AT LAW SURVIVE ANY TERMINATION, EXPIRATION OR RESCISSION OF THESE TERMS.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SM AND ITS MANAGERS, MEMBERS, EMPLOYEES, INFORMATION PROVIDERS, AGENTS, PARTNERS, AFFILIATES, LICENSEES, LICENSORS. INSURERS AND ATTORNEYS FROM AND AGAINST ANY AND ALL LIABILITIES, DEMANDS, CLAIMS, COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES INCURRED BY ANY OF THE INDEMNIFIED PARTIES HEREIN, IN CONNECTION WITH ANY DEMAND, CLAIM, ACTION, SUIT, OR LOSS DUE TO OR ARISING AS A RESULT OF ANY BREACH BY YOU OF THESE TERMS OR CLAIMS ARISING FROM USE OF THE SITE OR ARISING OUT OF CONTENT YOU SUBMIT, POST, TRANSMIT, OR MAKE AVAILABLE THROUGH THE SITE, YOUR CONNECTION TO THE SITE, YOUR VIOLATION OF ANY AGREEMENT WITH SM, OR YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY. YOU AGREE TO USE YOUR BEST EFFORTS TO COOPERATE WITH SM IN THE DEFENSE OF ANY DEMAND, CLAIM, ACTION, OR SUIT. SM RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU AT ITS OWN EXPENSE. WHEN YOU USE THE SITE, YOU RELEASE SM FROM CLAIMS, DAMAGES, AND DEMANDS OF EVERY KIND — KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED — ARISING OUT OF OR IN ANY WAY RELATED TO (A) DISPUTES BETWEEN USERS, OR BETWEEN USERS AND ANY THIRD PARTY RELATING TO THE USE OF THE SITE AND (B) THE SITE.

SM WON’T BE LIABLE TO YOU FOR ANY DAMAGES THAT ARISE FROM YOUR USE OF, OR IN CONNECTION WITH, THE SITE AND ANY CONTENT. THIS EXCLUSION INCLUDES: (A) WHERE THE SITE IS HACKED OR UNAVAILABLE, (B) ALL TYPES OF DAMAGES (DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY), WHATEVER THE TYPE OF CLAIM OR LOSS (BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY, OR ANY OTHER CLAIM OR LOSS), (C) ANY LOST PROFITS, DATA OR REVENUES, OR (D) ANY CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON THE SITE. IN NO EVENT SHALL SM’S LIABILITY FOR DAMAGES BE IN EXCESS OF (IN THE AGGREGATE) ONE HUNDRED UNITED STATES DOLLARS ($100.00)

YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT AND ARE FULLY RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR PASSWORD OR ACCOUNT. YOU AGREE TO: (A) IMMEDIATELY NOTIFY SM OF ANY UNAUTHORIZED USE OF YOUR PASSWORD OR ACCOUNT OR ANY OTHER BREACH OF SECURITY; AND (B) ENSURE THAT YOU EXIT FROM YOUR ACCOUNT AT THE END OF EACH SESSION. SM CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO MAINTAIN THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT.

Digital Millennium Copyright Act Notice

SM respects the intellectual property of others. SM may, in appropriate circumstances and at its sole discretion, terminate the access of users who infringe any copyright, trademark, patent, trade secret or other intellectual property rights of others. If you believe that your work has been copied and is accessible at our Site in a way that constitutes infringement, or that the Site contains links or other references to another online location that contains material or activity that infringes your rights, you may notify us by providing our copyright agent the information required by the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512 ("DMCA"). While SM’s policy is based on United States law, SM attempts to apply this same policy globally to all jurisdictions in which our Site is available.

In the event that Site content is posted without authorization on other sites, you hereby authorize us to act as your agent to issue take down notices under the DMCA and/or any other similar legislation that allows for the submission of requests to internet service providers and any other person involved in the illegal posting for the removal of infringing or allegedly infringing copyright materials that are contained in or displayed on such service providers platforms and/or services.

Privacy and Privacy Policy

You should exercise caution when deciding to disclose personal information. If you voluntarily disclose information, e.g. a telephone number or an email address, on the Site, that information may be collected and used by third parties to send you unsolicited messages or advertisements or for other purposes. SM does not control the actions of such third parties and is not liable for those actions. If you disclose personal information on the Site, you do so at your own risk.

By use of the Site, you acknowledge that certain Personal Information (information that identifies you) and Non-Personal Information (information that does not identify you, such as anonymous usage data, demographic information, referring/exit pages and URLs, and preferences that are generated based on data submitted). To use the Site, you do not need to submit any Personal Information other than necessary to register and log in and to ensure that you are of sufficient age to access the Site and its content. You are not required to submit further Personal Information. However, in the use of the Site, certain Non-Personal Information may be collected or tracked by cookies or other identifiers. In addition to the information that is provided automatically when you use the Site, when you create a profile and register to use the Site, you are authorizing the collection, storage and use of information provided in accordance with this Agreement.

Except as provided in this Agreement, SM does not sell, trade, rent or otherwise share for marketing purposes your Personal Information with third parties without your consent. In general, any Personal Information is only used to communicate with you. For example, to respond to questions, solicit feedback, provide technical support and inform users about certain Site updates and information. We may share Personal Information if we have a good faith belief that access, use, preservation or disclosure of the information is reasonably necessary to meet any applicable legal process or enforceable governmental request, to enforce this Agreement (including investigation of potential violations), or to address fraud, security or technical concerns, infringement, or matters related to safety or protection of users, or the public as required or permitted by law.

In general, we use Non-Personal Information to help us improve the Site and customize the user experience. This Agreement does not limit the use of Non-Personal Information and we reserve the right to use and disclose such information to others at our discretion.

We urge you to take steps to protect your information from unauthorized access and to limit the posting of Personal Information on the Site. While SM implements certain technological security measures including encryption, firewalls, and other technologies, these measures do not guarantee that your information will not be accessed, disclosed, altered, or destroyed. By using the Site, you agree to assume these risks and acknowledge that SM is not responsible for any such access or disclosure of your information regardless of cause.

We are not responsible for the privacy practices of any websites or links that are posted by users on the Site and any such site or link accessed through the Site is at the user’s sole and complete risk.

The Privacy Policy may change at any time and all rights to do so are reserved. Any changes to the Privacy Policy will be available on the Site. You should periodically check the Site for any updates.

California Privacy Rights

If you are a California resident, you may exercise the following rights.

Right to Know and Access. You may submit a verifiable request for information regarding the: (1) categories of Personal Information collected, sold, or disclosed by us; (2) purposes for which categories of Personal Information are collected or sold by us; (3) categories of sources from which we collect Personal Information; (4) categories of third parties with whom we disclosed or sold Personal Information; and (5) specific pieces of Personal Information we have collected about you during the past twelve months.

Right to Delete. Subject to certain exceptions, you may submit a verifiable request that we delete Personal Information about you that we have collected from you.

Verification. Requests for access to or deletion of Personal Information are subject to our ability to reasonably verify your identity in light of the information requested and pursuant to relevant California Consumer Privacy Act of 2018 (California Civil Code §§ 1798.100 to 1798.199) and its implementing regulations, as amended or superseded from time to time ("CCPA") requirements, limitations, and regulations. To verify your request and access, modify or delete the Personal Information you have provided to us, please log in and update your profile. Alternatively, if you email us at help@storymoir.com, we may verify your email address, IP address, and other data elements about you to respond to your requests to know or delete.

Right to Opt Out. In some circumstances, you may opt out of the sale of your Personal Information. Click the "Do Not Sell My Info" link to opt out of the sale of your Personal Information.

Right to Equal Service and Price. You have the right not to receive discriminatory treatment for the exercise of your CCPA privacy rights, subject to certain limitations.

Shine the Light. We do not rent, sell, or share Personal Information with nonaffiliated companies for their direct marketing uses as contemplated by California’s "Shine the Light" law (Civil Code § 1798.83), unless we have your permission.

Submit Requests. To exercise your rights under the CCPA, please use the link above, send an email via our Contact Information section, or visit our website.

Authorizing an Agent. To authorize an agent to make a request to know, delete, or opt-out of sale on your behalf, please send a written authorization signed by you and the authorized agent to us via the Contact Information section below.

Do Not Track. There is no accepted standard on how to respond to Do Not Track signals, and we do not respond to such signals.

Contact Information. If you have any questions, comments, or concerns about this notice or our processing activities, or you would like to exercise your privacy rights, please email us at help@storymoir.com.

Miscellaneous

SM reserves the right to modify or discontinue all or any part of the Site at any time in its discretion. SM shall not be liable to you, or any third party should SM exercise its right to modify or discontinue any part of the Site.

This Agreement and any posted Terms of Service represents the complete agreement concerning the subject matter of the Agreement and, except as set forth herein, may be amended only by a writing executed by both parties.

This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada and the laws of the United States, without giving effect to any principles of conflict of law. You agree that any action at law or in equity arising out of or relating to this Agreement shall be filed only in the state or federal courts located in Douglas County, Nevada and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

If any of the provisions of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.