Last Updated January 2018
Whether you are a visitor, partner, agent, producer or publisher (collectively, “Partner” “users” or “you”), by using the Services in any manner, including but not limited to visiting or browsing the Services, you agree to be bound by this Agreement, including any additional terms and conditions and policies referenced herein or available by hyperlink.
If you have any questions, please refer to the help section of the Services or contact us at firstname.lastname@example.org
Safeguarding Your Rights
StoryFit does not claim ownership rights to any of your data, text, information about you or your work, manuscripts, chapters, outlines, other samples of your work, usernames, graphics, images, photographs, profiles, audio, video, items, and links (“Submissions”).
By providing StoryFit with a Submission you warrant that all aspects of the Submission comply with this Agreement and StoryFit’s published policies and specifically warrant that your Submission does not violate any right of a third party, including, but not limited to, any intellectual property rights and rights of publicity and privacy. You are solely responsible for your conduct and activities on, and regarding to, the Services and any and all Submissions that you submit, post, upload, and display on the Services.
StoryFit analyzes user Submissions to provide potentially relevant metadata regarding the Submissions. StoryFit has no control over the quality, morality, or legality of any aspect of the Submissions.
You agree that StoryFit is not responsible or liable for any Submissions or other content posted by you, other users, or third parties on the Services. Your use of the Services is at your own risk.
Who is Eligible to Join?
Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. This provision is void where prohibited by law and the right to access the Services is revoked in those jurisdictions.
Individuals under the age of 18 must at all times use the Services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.
In addition, some services offered by StoryFit may be subject to additional terms and conditions issued by StoryFit or a third party; your use of those services is subject to the additional terms and conditions, which are incorporated into this Agreement by this reference.
Partners are urged to provide descriptions of their business and policies relating to review of Submissions and the process of engagement with the Submissions. Partners are responsible for enforcing their policies. StoryFit reserves the right to require Partners to provide additional information regarding their business and any Partner policies.
Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to keep your password confidential. You agree to immediately notify StoryFit of any unauthorized use of your password or any breach of security. You also agree that StoryFit cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.
You must keep your account information up-to-date and accurate at all times, including a valid email address.
Services are not available to temporarily or permanently banned users. StoryFit reserves the right, in StoryFit’s sole discretion, to cancel unconfirmed or inactive accounts. StoryFit reserves the right to refuse service to anyone, for any reason and change its eligibility criteria at any time.
Don’t Do These Things: Your Submission and your use of the Services will not:
infringe upon any third-party’s intellectual property rights or rights of publicity or privacy;
violate this Agreement, any website policy or community guidelines, or any applicable law, statute, ordinance or regulation;
be defamatory, libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including StoryFit’s staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device;
interfere with a Partner’s business;
take any action that may undermine online reviews or feedback;
be obscene or contain child pornography;
contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and
host images not part of a Submission.
You shall be solely responsible for your Submissions and securing any necessary rights to use such Submissions, and ensuring the Submissions do not violate any right of privacy, publicity, copyright, trademark, patent or other intellectual property rights.
The Services may contain robot exclusion headers which contain internal rules for software usage. Much of the information on StoryFit is updated on a real-time basis and is proprietary or is licensed to StoryFit by users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Services for any purpose whatsoever, except to the extent expressly permitted in writing by StoryFit. Additionally, you agree that you will not:
take any action that imposes, or may impose, in StoryFit’s sole discretion, an unreasonable or disproportionately large load on StoryFit’s infrastructure;
copy, reproduce, modify, create derivative works from, distribute or publicly display any Submission (except for your Submission);
interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; or
bypass StoryFit’s robot exclusion headers or other measures StoryFit may use to prevent or restrict access to the Services.
You will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services; modify, translate, or create derivative works based on the Services.
You acknowledge and agree that any solicited or unsolicited suggestions, ideas, proposals or other material submitted to StoryFit by users (other than your Submissions) (“Feedback”) is non-confidential and non-proprietary, and StoryFit may use and disclose any Feedback for any lawful purpose and StoryFit will not be liable for the disclosure or use of any Feedback. Any communication by you to StoryFit is subject to this Agreement.
Third Party Information
StoryFit is not responsible for the availability of outside websites or resources linked to or referenced on the Services. StoryFit does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from these websites or resources. You agree that StoryFit will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any other websites or resources.
Signing Up is Free but Some Features are Not
Fees are subject to change. Your fee structure can be found in your account information. Changes to Fees are effective after the changes are posted on the Services. All transactions will be executed using a third party payment processor (“Payment Processor”), and may be subject to a service charge. Partners will be asked to provide customary billing information such as name, billing address, and payment information.
Once you agree to the fees for the Services, you hereby authorize StoryFit to invoice or debit, through a Payment Processor, your payment card or user account in the amount of the Fees. Fees are non-refundable.
Intellectual Property Rights
StoryFit’s name, graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks, copyrights, or trade dress of AUTHORS, Inc. in the U.S. and other countries. StoryFit’s trademarks and trade dress and copyrights may not be used without StoryFit’s written permission. Nothing contained on the website or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark or copyright protected works displayed on this website without the written permission of StoryFit. Your misuse of the trademarks displayed on the website or Services, or any other content on the website or Services, except as provided herein, is strictly prohibited.
Disclaimer of Warranty
STORYFIT AND ITS SUPPLIERS ASSUME NO LIABILITY FOR THE USE OR INTERPRETATION OF INFORMATION CONTAINED HEREIN. THIS WEBSITE AND THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITH ANY AND ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. STORYFIT AND ITS SUPPLIERS DO NOT WARRANT THAT THE WEBSITE OR CONTENT THEREIN OR THE SERVICES ARE ERROR-FREE OR WILL BE UNINTERRUPTED, FREE FROM SPYWARE, MALWARE, ADWARE, VIRUSES, WORMS OR OTHER MALICIOUS CODE, OR WILL FUNCTION TO MEET YOUR REQUIREMENTS. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM STORYFIT WILL CREATE ANY WARRANTY.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL STORYFIT OR ITS SUPPLIERS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, LOSS OF DATA, DENIALS OF SERVICE (INCLUDING COMPUTER CRASHES), BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE WEBSITE OR THE SERVICES, OR ANY DOWNLOADED CONTENT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE), EVEN IF STORYFIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
StoryFit’s total liability, and the total liability of StoryFit’s subsidiaries, officers, directors, employees, and suppliers, to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees you pay to StoryFit in the 12 months prior to the action giving rise to liability, and (b) $100. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Indemnification of StoryFit
You agree to indemnify and hold StoryFit and StoryFit’s parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party, including but not limited to claims of: infringement of third party intellectual property rights or rights of privacy and publicity, claims of defamation.
Dispute Resolution Between You and StoryFit
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration in Travis County, Texas before one arbitrator. The arbitration shall be administered by JAMS pursuant to its pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
If any provision of this Agreement is held unenforceable, then the provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement will remain in full force and effect.
These terms and conditions contain the entire understanding of the parties hereto relating to the use of this website and supersedes any prior written or oral agreement or understandings between the parties with respect to this website, and cannot be changed or terminated orally.
The captions and section headings are for convenience and in no way define, limit or enlarge the scope of this Agreement or any of its Sections.
You and StoryFit are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
StoryFit reserves the right to modify or terminate the Services for any reason, without notice, at any time.
This Agreement will be governed by and construed in accordance with the laws of the State of Texas, including its conflicts of law rules.
Unless otherwise specified herein, all notices will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to email@example.com .
All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
StoryFit reserves the right to alter this Agreement and any other policies at any time, so please review the policies frequently, with the revised terms and conditions taking effect as of the date of its posting. It is your responsibility to check these terms and conditions periodically for changes. Your continued use of the website and or the Services following the posting of changes on the website will mean that you accept and agree to the changes.