“The Stories Between”
Last Revised: December 29, 2015
Eligibility for Use. This Website and the services provided hereunder may only be used by individuals who have attained the age of majority in the area in which they reside, and are capable of forming binding contracts under applicable law. By using the Website, you represent and warrant that you are 18 or older, and that you agree to abide by all of the terms and conditions of this Agreement. Membership is void where prohibited.
Registration; Account Information. In consideration for your use of the Website, you agree (a) to provide accurate, current and complete information about you as you may be prompted by a registration or similar forms on the Website; (b) maintain the security of your password and identification; (c) maintain and promptly update any registration data, and any information you provide to The Stories Between, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
User Conduct. You understand that except for advertising programs offered by us on the Website, the Website and its services are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Website will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
In addition, you agree not to use the Website:
- To harvest or collect email addresses, contact information, or other information of the Website’s users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications, or otherwise interacting with the Website or its users;
- In any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website;
- To upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable, or which content may contain software viruses or other malicious computer code;
- To impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity; or
- To upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers or credit card numbers.
User Content. You are solely responsible for any content you post to the Website, including but not limited to your identifying information, messages, notes, text, information, photos, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Website, or transmit to or share with other users of our Website (collectively the "User Content"). You may not post, transmit, or share User Content on the Website that you did not create or that you do not have permission to post. When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Website.
You may remove your User Content from the Website at any time. If you choose to remove your User Content, the license granted to The Stories Between will automatically expire, however you acknowledge that we may retain archived copies of your User Content.
Any use or reliance on any content or materials posted via the Website or obtained by you through the Website is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any content or communication posted through the Website, or any opinion(s) expressed via the Website. You understand that by using the Website, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mis-labeled or are otherwise deceptive. Under no circumstances will The Stories Between be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Website.
Rights to Your Content. You retain your rights to any content you submit, post or display on or through the Website. By submitting, posting or displaying Content on or through the Website, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for us to make such content available to other companies, organizations or individuals who partner with us. Such additional uses by The Stories Between, or other companies, organizations or individuals who partner with us, may be made with no compensation paid to you with respect to the content that you submit, post, transmit or otherwise make available through the Website.
We may modify or adapt your content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your content as are necessary to conform and adapt that content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Website, for any content you provide, and for any consequences thereof, including the use of your content by other users and our third party partners. You understand that your content may be re-broadcast by our partners and if you do not have the right to submit content for such use, it may subject you to liability. We will not be responsible or liable for any use of your content by The Stories Between in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any content that you submit.
Personal Profile. Through this Website, you may create a personal member profile, post and share information through member blogs, and communicate with other members through discussion forums, online chat rooms, and similar tools. The Stories Between is not responsible for, and makes no representations or warranties, express or implied, as to the information posted or submitted by any user/member, including but not limited to the accuracy or reliability of such information. The Stories Between is not responsible for the conduct, acts or omissions of any user in connection with this Website or any online forum operated or organized by The Stories Between.
The Stories Between reserves the right, in its sole discretion, to reject, refuse to post, or remove any posting, profile or information submitted by you, or to deny, restrict, suspend or terminate your access to all or any part of the information, content or services offered through the website, for any reason or no reason, with or without prior notice or explanation, and without liability. Notwithstanding the foregoing, The Stories Between assumes no responsibility for monitoring the information posted or submitted by users, for accuracy, quality, inappropriate content or conduct.
If, at any time, The Stories Between chooses, in its sole discretion, to monitor the information submitted/posted by users, The Stories Between assumes no responsibility for such information, no obligation to remove any inappropriate content, and no responsibility for the conduct of the user submitting such information.
Third Party Agreements. The Stories Between may enter into various agreements for advertising and other subjects with third party providers, and such third parties may provide information and/or content on the Website. All such third parties operate separately from The Stories Between, and have no relationship with The Stories Between other than as third party customers or providers of products and/or services. THE STORIES BETWEEN MAKES NO GUARANTEES AND SHALL NOT BE LIABLE FOR THE ACTS, ERRORS OR OMISSIONS OF ANY SUCH THIRD PARTY CUSTOMER OR PROVIDER.
Third Party Links. Any links to third party websites which our Website makes available are provided as a convenience to the user, and do not imply our endorsement or approval of any other company, its website, products or services. We have no control over third party websites and therefore assume no liability or responsibility for the content and data provided through such sites, nor for the operation and information gathering activities of such sites.
User Disputes. You are solely responsible for your interactions with other Website users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
Limitation on Liability; General. THIS LIMITATION OF LIABILITY SHALL BE BINDING ON EACH AND EVERY USER OF THIS WEBSITE AND ANY THIRD PARTY, INCLUDING YOUR SUCCESSORS, HEIRS, EXECUTORS, PERMITTED ASSIGNS, INSURANCE CARRIERS, AND ANY OTHER INDIVIDUAL OR ENTITY ASSERTING ANY RIGHT OR CLAIM RELATING TO YOUR USE OF THIS WEBSITE. IN NO EVENT SHALL THE STORIES BETWEEN BE LIABLE FOR ANY DAMAGES ARISING FROM YOUR USE OF THIS WEBSITE, OR RELIANCE ON ANY INFORMATION PROVIDED IN THIS WEBSITE FOR ANY REASON, INCLUDING NEGLIGENCE. IN NO EVENT SHALL THE STORIES BETWEEN BE LIABLE TO ANY THIRD PARTY, INCLUDING ANY INSURANCE CARRIER. THE STORIES BETWEEN SHALL NOT BE LIABLE FOR ANY SUBROGATION CLAIM BROUGHT BY YOUR INSURANCE CARRIER AND, BY USING THE WEBSITE, YOU EXPRESSLY AND SPECIFICALLY WAIVE ANY SUCH SUBROGATION CLAIM ON YOUR BEHALF AS WELL AS ON BEHALF OF YOUR INSURANCE CARRIER.
IN ALL EVENTS, THE STORIES BETWEEN’S LIABILITY IS AND SHALL BE EXPRESSLY LIMITED TO The amount paid by you to THE STORIES BETWEEN in connection with use of the Website.
THE STORIES BETWEEN shall not be liable for any special, incidental, consequential or punitive damages, or lost profit based upon or arising from your use of the website, or any transaction relating to your use of the website.
By use of the website, you expressly accept this limitation of liability.
Limitation of Liability; Content and Use of Website. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE AND ANY OFFER OR OTHER INFORMATION GENERATED BY THIS WEBSITE. THIS WEBSITE AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE STORIES BETWEEN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OF IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR AS TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES REFERENCED IN OR PROVIDED THROUGH THIS WEBSITE. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEBSITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS AND OTHER PROPRIETARY RIGHTS, ACCURACY, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, INTERRUPTION OR OTHER TECHNICAL PROBLEMS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, ANY DELAYS ON THE WEBSITE, OR THE INABILITY TO USE THE WEBSITE OR ANY PORTION THEREOF, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE STORIES BETWEEN, ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ALL CLAIMS AND DEMANDS (INCLUDING COSTS AND REASONABLE ATTORNEYS’ FEES) MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THIS WEBSITE AND THE SERVICES PROVIDED HEREUNDER. IF YOU ARE DISSATISFIED WITH THIS WEBSITE AND THE SERVICES OFFERED HEREUNDER OR HAVE ANY OTHER DISPUTE OR CLAIM AGAINST THE OWNER AND OPERATOR WITH RESPECT TO THIS WEBSITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY (EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN) IS TO DISCONTINUE USING THIS WEBSITE.
Mobile Website Access. The Website, or certain mobile services/downloads from or relating to the Website, may be available through your mobile phone or similar device(s). We do not charge for these mobile services, however, your carrier's normal messaging, data and other rates and fees will still apply, as will any applicable restrictions imposed by your carrier. By using the mobile services, you agree that we may communicate with you regarding the Website by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the mobile services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information with The Stories Between and/or notify The Stories Between of such deactivation to ensure that no messages directed to you are sent to the person who acquires your old number.
Intellectual Property Rights. With the exception of information and data provided by third parties through links to their websites or other authorized access to or use of this Website, all content on and available through the Website, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, all processes, standards and methods of operation embodied in the Website, The Stories Between trademarks (and all related trademarks owned by The Stories Between in connection with operation of the Website, and any materials provided through the Website or in connection with use of the Website, and their selection and arrangement (the "Site Content"), are the proprietary property of, and owned exclusively by, The Stories Bewteen. The Site Content is protected by United States and International copyright laws, trademark laws and any applicable patent laws, including all patent rights, copyrights, trade secrets and all other intellectual property rights therein, now or hereafter existing. The Stories Between grants you permission to view and use the content available to you on the Website in connection with your use of the Website. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content, software, systems or processes on this Website is strictly prohibited.
This Agreement, including without limitation the limitations of liability, will be binding on you and all third parties, including, but not limited to, your successors, heirs, executors, permitted assigns, insurance carriers and any other individual or entity asserting any right or claim relating to your use of the Website and/or any transaction with The Stories Between.
This Agreement is governed by and construed in accordance with the laws of the State of Maryland, without regard to its choice of law provisions. All use of or transactions made through this Website, or in connection with The Stories Between or this Website, shall be deemed to have occurred in Maryland. You consent and agree that any controversy, dispute or claim arising out of or relating to this Agreement or your use of this Website shall be resolved by arbitration in Baltimore, Maryland before one arbitrator under the auspices of Judicial Arbitration and Mediation Services (“JAMS”) in accordance with its then outstanding commercial rules. A ruling of the arbitrator shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall pay fifty percent (50%) of the fees and costs of JAMS and the arbitrator. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or any transaction with The Stories Between must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The Stories Between may terminate or suspend your right to use this Website at any time, for any reason, without prior notice. Upon such termination or suspension, your right to use this Website will immediately cease.
If any provision of these terms and conditions shall be deemed unlawful or unenforceable, the remaining provisions shall not be affected thereby, and the provision in question may be replaced by a lawful provision that most nearly embodies the original intention of the parties.
The Stories Between’s failure to enforce any right or provision of these terms and conditions shall not constitute a waiver thereof.