Terms of Use

Terms of Use PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THIS SERVICE. We have established the following Terms of Use that we require all our visitors to follow when using our service. In these Terms of Use, the words “we” and “us” refer to Storypanda, and the phrase “our service” refers to our mobile iOS Aapp and our web site located at www.storypanda.com. Your Agreement You understand that by using our service, you are agreeing to be bound by these Terms of Use. Please do not use our service if you do not agree with these Terms of Use. We may change these Terms of Use at any time. Your continued use of our service after we have posted changes to these Terms of Use means that you agree to be bound by the changes, so please check the Terms of Use regularly for any changes. IF YOU ARE A PARENT OR GUARDIAN AND YOU CREATE A CHILD ACCOUNT, YOU AGREE THAT YOUR CHILD’S USE OF OUR SERVICE SHALL BE BOUND BY THESE TERMS OF USE. Use of Our Service You may not use our service for any unlawful purpose, or for any other purpose that is prohibited by these Terms of Use. Also, you may not interfere or attempt to interfere with the proper operation of our service, including through the use of any device, software or routine, or access or attempt to gain access to any data, files or passwords related to our service through hacking, password mining or any other means. We reserve the right, in our sole discretion, to deny you access to our service, or any portion of our service, without notice. Authority By accessing, subscribing, downloading, and/or otherwise using our service, you (a) certify that you are at least 13 years of age and (b) have read and agree to be legally bound by these Terms of Use. Children under the age of 13 are not permitted to open an account and use our service on their own. If you are a parent or guardian and wish to allow your child to use our service, they can use your account or you can create a “Child Account” for them within your own account. Privacy Policy Please refer to our privacy policy with respect to information that we may collect from you when you use our service. Your use of our service may involve the transmission of your personally-identifiable information (“Personal Data”) to us. Our policies with respect to the collection and use of Personal Data are governed by our Privacy Policy, which is hereby incorporated by reference in its entirety. Intellectual Property Rights in our service Our service contains various information in the form of data, text, graphics, and other materials from Storypanda and third parties (the “Content”). You acknowledge that our service and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of Storypanda or its licensors. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content. Our service allows you to create personalized versions of books on our service. You may use such personalized versions solely for your own personal, non-commercial use, and you may not distribute such personalized versions for commercial purposes. Storypanda does not and cannot review the personalized versions created by users accessing our service, and is not in any manner responsible for the content of these personalized versions. You acknowledge that by providing you with the ability to create personalized versions on our service, Storypanda is merely acting as a passive conduit for such personalized versions and is not undertaking any obligation or liability relating to any contents of such personalized versions. However, Storypanda reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Storypanda in its sole discretion. You represent and warrant that the materials you use to create personalized versions do not infringe or misappropriate the intellectual property rights of any third party. Other than through the personalization tools available through our service, you may not modify the Content and/or create derivative works based on any Content, in whole or in part. Trademarks The trademarks, service marks, trade names and logos (collectively, the “Trademarks”) used and displayed on our service are registered and unregistered trademarks of ours. All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Storypanda and may not be copied, imitated or used, in whole or in part, in connection with any product or service that is not authorized by us, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits us. The Trademarks used and displayed on our service are and shall remain the sole property of us. Nothing in these Terms of Use shall be construed as granting, by implication, estoppel or otherwise, any license, ownership right, or right to use any Trademarks used or displayed on our service. The misuse of the Trademarks displayed on our service, or any other Content on our service, is strictly prohibited. Copyright Complaints If you believe that any Content on our service violates your or a third party’s copyright, please notify us by providing the following information to our counsel, Koffman Kalef LLP: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on our service; (4) your address, telephone number and email address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf. Links to Third Party Web Sites Our service may contain links to third party web sites. Any such links are provided for your convenience only. We do not control those web sites, and we are not responsible for their contents or practices, including their privacy practices. We do not endorse the operators of those sites, nor do we endorse or make any representations with respect to the contents of those sites or any products offered on those sites. Warranty Disclaimer Our service and the Content, materials and products on our service are provided “as is” and without warranties of any kind, whether express or implied. Neither we nor any of our affiliates assume any responsibility for the accuracy of any information contained on our service, for any interruptions or errors in accessing our service, or for any viruses or other harmful components contained on our service or the server from which our service is made available. Neither we nor any of our affiliates make any warranties or representations regarding the use of the materials in our service in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. WE AND OUR AFFILIATES DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL WARRANTIES OF ANY KIND WITH RESPECT TO OUR SERVICE OR THE PRODUCTS OFFERED THROUGH OUR SERVICE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, A COURSE OF DEALING OR TRADE USAGE. UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES, OR ANY OF OUR OR OUR AFFILIATES’ RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS OR SUCCESSORS BE LIABLE TO ANY PERSON FOR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOST DATA OR INFORMATION, LOSS OF USE OF oOUR SERVICE, BUSINESS INTERRUPTION, LOSS OF BUSINESS REPUTATION OR GOODWILL, COSTS OF SUBSTITUTE SERVICES, OR DOWNTIME COSTS) RELATING TO THE PRODUCTS OFFERED ON OUR SERVICEOR RESULTING FROM ACCESS TO OR OTHER USE OF OUR SERVICE OR RELIANCE ON ANY INFORMATION PRESENTED ON OUR SERVICE, EVEN IF WE ARE INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Some jurisdictions do not allow exclusion of certain warranties or limitations of liability, so the above limitations or exclusions may not apply to you. Our liability in such case will be limited to the greatest extent permitted by law. Indemnification You agree to indemnify, defend, and hold us and our officers, directors, members, managers, employees, agents, affiliates, suppliers, successors and assigns harmless from and against any and all claims, liabilities, damages, losses and expenses (including without limitation reasonable fees and costs for attorneys and investigations) arising out of, based on, or in connection with your access to or other use of our service, including, but not limited to, creation of personalized versions and/or derivative works based on the Content. Governing Law and Jurisdiction These Terms of Use, and all matters arising directly or indirectly from your access to or other use of our service, shall be governed by and construed in accordance with the laws of British Columbia, Canada, without regard to its conflict of laws rules. You hereby submit to the exclusive jurisdiction of the state and federal courts located in the British Columbia, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Severability If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall apply only to such provision and shall not in any manner affect or render illegal, invalid or unenforceable any other provision of these Terms of Use, and that provision and these Terms of Use generally shall be reformed, construed and enforced so as to most nearly give lawful effect to the intent of the parties as expressed in these Terms of Use. Entire Agreement These Terms of Use constitute the entire agreement between you and us with respect to our service, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to our service. Thank you for your cooperation. We hope that you find our service helpful and convenient to use. Questions or comments regarding our service, including any reports of non-functioning links, should be submitted using our email address at hello [at] storypanda.com, or via mail to 201-345 Water St., Vancouver, BC, Canada V6B 1B8.