Terms of Service
Acceptance Of Terms
The following terms of service agreement is a legal contract between you (“You”, “Users”) and UtellStory LLC. (“UtellStory”, “We”, “Us”), owner and operator of the www.utellstory.com and www.youtellstory.com web site (“The Sites”) and its services, products or software applications.
Description Of Service
UtellStory is an online multimedia storytelling and sharing community. We enable members to create Stories and share Topics with images, voice, music, video or text. Contents in shared Topics, including images, voice, music, video and text, can also be used by other members in the community to create and share other Stories.
The service may be temporarily unavailable from time to time for maintenance or other reasons within or outside the control of UtellStory. We shall not be liable for any failure of the Sites or services. UtellStory shall not be liable to you for any loss of material, content, or any modification, suspension or discontinuance of the services. UtellStory reserves the right to disable, restrict, discontinue or change certain features on the Sites. UtellStory reserves the right to suspend or discontinue the availability of the Sites or services.
You are responsible for providing true, accurate and current information during membership registration.
You are responsible for maintaining your personal privacy and keep your password secure.
You are responsible for all contents, including but not limited to photo, images, audio, music, video, text or links that you post or submit to the Sites. UtellStory does not control user created or submitted contents and, as such, is not responsible for the accuracy, integrity, non-infringement or quality of such contents. UtellStory reserves the right to examine or remove contents on the Sites for any reason, at any time, without notice.
You are responsible for your interactions with other users of the Sites. UtellStory reserves the right, but has no obligation, to monitor disputes between you and other users.
You must not use the Sites or services for any purpose that is unlawful or prohibited as determined by UtellStory including but not limited to the following:
1. Abusive, deceptive, pornographic, offensive, hateful, violent or discriminating contents;
2. Infringes copyrighted, trademarked, licensed materials or violates the rights of others;
3. Intentionally interfering, hacking or damaging the normal operation of the Sites, including distributing viruses, spyware, worms or other malicious code;
4. Post any of the above in comments;
5. Provide links to any of the above anywhere on the Sites;
UtellStory reserves the right to terminate your account and block your use of the Sites immediately and without notice.
Content Contributed on the Sites
All Content posted or submitted to the Sites is the sole responsibility of the account holder from which such Content originates. UtellStory is not responsible for the Content you post or submit on the Sites.
You represent and warrant to UtellStory that (a) you are the owner of all rights to all the Content you submit to the Sites; (b) such Content do not infringe upon any third party rights; (c) such Content do not violate any law or regulation; (d) such Content is permitted to unrestricted distribution, copying, modification if shared as a Topic at any point in time on the Sites (e) UtellStory is granted a worldwide, non exclusive license, without obtaining permission or third party license, to host, transfer, display, distribute or convert your Content, in any media formats and through any media channels, solely in order to publish and promote such Content for the services we offer or will offer.
UtellStory reserves the right to remove Content from the Sites at any time, without notice, for any reason, or for no reason, in its sole discretion.
Topic is a type of service provided by UtellStory to promote community engagement and cooperative storytelling. By distributing or disseminating your Content as a Topic, you agree that (a) you are the sole owner and have all the rights of the Content in your Topic; (b) the Content in your Topic is free of any license or rights from any third party; (c) you grant the full permission to other members on the Sites to distribute, copy, modify or use your Content in the Topic; (d) these terms and permission to use also apply to the derivative work of your Topic even after your Topic is deleted or your account is terminated.
UtellStory will not be responsible or liable for Content you post or submit on the Sites. However, if we receive notice and determine that your Content on the Sites is an infringing posting or a prohibited posting, we will remove all or a portion of such Content and its derivative work as soon as possible.
If you believe that any Content on the Sites constitutes an infringing posting or violates this agreement, please report the Content as soon as possible. UtellStory respects intellectual property rights. After examining your report, we may remove the Content immediately. UtellStory may also terminate a user’s access to the Sites without notice, if UtellStory believes, in its sole discretion, that the user is infringing any third party rights.
UtellStory offers free account services. UtellStory also provides Plus and Educator accounts as paid services. Users can have 30 days of free trial period with these paid services. After the trial period ends, your account will be charged. All sales are final and non-refundable, including in the event of termination of your account voluntarily or involuntarily. Prices offered on the Sites may change at any time. If a paid account failed to make payments, it will be downgraded to free account and lose access to the paid services until the payment is made.
UtellStory may terminate or suspend any and all services and/or your account, without notice or liability, for any reason whatsoever, including without limitation if you breach the agreement. Upon termination of your account, you will immediately cease access to the services. If you wish to terminate the use of UtellStory services, you may simply discontinue using the Sites and services. In this event, it is your responsibility to remove your Content from your account. Content with respect to any Permitted Use that commenced prior to the effective time of the termination may remain on the Sites. Permitted Use is any use of Content permitted by this Terms including but not limited to derivative work from a shared Topic.
You agree to indemnify and hold harmless to UtellStory (and any employee, contractors, officer, and director) from any damage, liability, cost, expense (including attorneys’ fees), loss, claim or demand, due to or arising out of your use of the Sites or the services, including your breach of this Agreement, and including also any claims that Content provided by you to us or other UtellStory members infringes the intellectual property or other rights of any third party. Your obligations under the foregoing indemnity may not be offset against any other claim you may have against UtellStory parties.
Limitation Of Liability
In no event shall UtellStory be liable under any theory of law, for any indirect, consequential, incidental, special, exemplary or punitive damages, including but not limited to loss of profits, use, data or other intangible losses of any kind whatsoever.
Rights to Change
UtellStory reserves the right, at its sole discretion, to modify or replace the terms at any time without prior notice. You are responsible for reviewing and understanding this agreement and its modifications. We may post notifications on the Sites in case of any material change to this agreement. Using the Sites or any services following the notification shall constitute your acceptance of the changes.
No agency, partnership, joint venture, or employment is created as a result of the terms and you do not have any authority of any kind to bind UtellStory in any respect whatsoever.
Both parties agree that the terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes any prior agreement between you and UtellStory with respect to the subject matter hereof.
UtellStory owns and retains all proprietary rights on the Sites, and services, and all associated software, content and material.
You agree that regardless of any statute or law to the contrary, any cause of action arising out of or related to the Sites or services must commence within one (1) year after the cause of action arose or be forever barred.
The Sites may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser's or sponsor's materials.
The Sites and services is provided by UtellStory on “as is” basis. UtellStory make no representation or warranties of any kind as to the operation of the Sites or be liable for any failure where such failure results from any cause beyond UtellStory’s reasonable control.