Statement of Rights and Responsibilities
This agreement was written in English (US).
To the extent any translated version of this agreement conflicts with the English version, the English version controls.
Date of Last Revision: January 1st, 2015.
Statement of Rights and Responsibilities
Sharing Your Content and Information
You own all of the content and information you post on StoriesPortal, and you can control how it is shared through your settings. In addition:
- For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with StoriesPortal (IP License). This IP License ends when you delete your IP content or your account.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others unless required by law).
- When you use an application to login to StoriesPortal, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information. If you opt in to importing your phone address book for the purpose of inviting friends (which will be explicitly specified), we hold the right to invite those people to StoriesPortal. We will NOT do this merely if you login/register through Facebook/Twitter.
- When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of StoriesPortal, to access and use that information, and to associate it with you (i.e., your username). We may use your publicly available information for specific marketing purposes, but we will not ever include your true name or email address.
- We always appreciate your feedback or other suggestions about StoriesPortal, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
- The contents of the StoriesPortal Site, such as text, graphics, images, information obtained from StoriesPortal's licensors, and other material contained on the StoriesPortal Site are for entertainment purposes only. The Content is not intended to be a substitute for professional advice, diagnosis and treatment or disposition, including but not limited to medical, legal, and psychological. Always seek the advice of a qualified provider with any questions you may have regarding a serious life condition. Never disregard professional advice or delay in seeking it because of something you have read on the StoriesPortal Site.
- StoriesPortal does not recommend or endorse any specific tests, professionals, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by StoriesPortal, StoriesPortal employees, others appearing on the Site at the invitation of StoriesPortal, or other visitors to the Site is solely at your own risk.
- The Site may contain health- or medical-related materials that are medically graphic and/or sexually explicit. If you find these materials offensive, you should not use our Site.
We do our best to keep StoriesPortal safe, but we cannot guarantee it. We need your help to keep StoriesPortal safe, which includes the following commitments by you:
- You will not post unauthorized commercial communications (such as spam) on StoriesPortal.
- You will not collect users' content or information, or otherwise access StoriesPortal, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on StoriesPortal.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, manipulate, or harass any user.
- You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
- You will not use StoriesPortal to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of StoriesPortal, such as a denial of service attack or interference with page rendering or other StoriesPortal functionality.
- You will not facilitate or encourage any violations of this Statement or our policies.
Registration and Account Security
Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not create more than one personal account.
- If we disable your account, you will not create another one without our permission.
- You will not use your personal homepage, nor any StoriesPortal page primarily for your own commercial gain.
- You will not use StoriesPortal if you are under 13, nor will you attempt to fabricate your age to gain access to any portion of the site.
- You will not use StoriesPortal without the permission and supervision of an adult if you are under the age of 18.
- You will keep your contact information accurate and up-to-date.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.
- If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
- We may use your information to inform you with information, actions and other products from StoriesPortal and our partners.
If you wish to post any materials or access certain functions of the StoriesPortal Site or service, you will be asked to register with the StoriesPortal and set up a username and password. We strongly suggest choosing a username without any personally identifiable information. You may register directly via the StoriesPortal Site. If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under the age of 13, you may not use StoriesPortal or provide any information to StoriesPortal. If you are between the ages of 13 and 18 years old, you may use StoriesPortal only with involvement of a parent or guardian. StoriesPortal and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
- You will not post content or take any action on StoriesPortal that infringes or violates someone else's rights or otherwise violates the law.
- We can remove any content or information you post on StoriesPortal if we believe that it violates this Statement or our policies.
- If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
- You will not post anyone's identification documents, personally identifiable information, or sensitive financial information on StoriesPortal.
- All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of StoriesPortal or its content suppliers and protected by The Netherlands and international copyright laws. The compilation of all content on this site is the exclusive property of StoriesPortal and protected by Netherlands and international copyright laws. All software used on this site is the property of StoriesPortal or its software suppliers and protected by Netherlands and international copyright laws.
- StoriesPortal and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please immediately follow our reporting procedures and alert us.
COPYRIGHT INFRINGEMENT NOTIFICATION
StoriesPortal is committed to protecting the intellectual property of third parties. To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. PLEASE do not make false claims! Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content. Finally, be aware that claimant information may be published on the StoriesPortal site in place of disabled content. StoriesPortal's Copyright Agent for notice of claims of copyright infringement on its site can be reached at: email@example.com If you do not receive a response within 72 hours, please contact us again, as your mail may have been inadvertently filtered.
To file a counter-notification with us, you must provide a written communication that sets forth the items specified below.
Please understand that filing a counter-notification may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation by using this process. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of members who are repeat infringers. So, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact a lawyer. A counter-notification must include the following specific elements:
- Identification of the specific URLs of material that StoriesPortal has removed or to which StoriesPortal has disabled access.
- Your full name, address, telephone number, and email address, and the username of your StoriesPortal account.
- The statement: "I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the judicial district in which StoriesPortal is located, and will accept service of process from the claimant."
- The statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
- Signature. A scanned physical signature or a valid electronic signature will be accepted. We can only accept a counter-notification directly from the user from whose account a video has been disabled. For verification, we require that counter-notifications be submitted from the email address associated with the account.
Our preferred method of counter-notification submission is via email to firstname.lastname@example.org. After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant. After we send out the counter-notification, the claimant must then notify us within 10 business days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on StoriesPortal. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.
Mobile and Other Devices
- We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply.
- You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on StoriesPortal.
- Please be aware that changes to the Statement of Rights and Responsibilities of the StoriesPortal site also apply to the use of its associated applications.
About Advertisements and Other Commercial Content Served or Enhanced by StoriesPortal
Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the following:
- We do not give your content or information to advertisers without your consent.
- You understand that we may not always identify paid services and communications as such.
- Your posted content may always be used as posts on the official Facebook and Twitter of StoriesPortal.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of StoriesPortal to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time.
- You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or StoriesPortal exclusively in the Netherlands, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the Netherlands will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
- If anyone brings a claim against us related to your actions, content or information on StoriesPortal, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on StoriesPortal and are not responsible for the content or information users transmit or share on StoriesPortal. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on StoriesPortal. We are not responsible for the conduct, whether online or offline, or any user of StoriesPortal.
- WE TRY TO KEEP StoriesPortal UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING StoriesPortal AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT StoriesPortal WILL ALWAYS BE SAFE, SECURE OR ERROR- FREE OR THAT StoriesPortal WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. StoriesPortal IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR StoriesPortal, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR StoriesPortal WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, StoriesPortal'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- By "StoriesPortal" we mean the features and services we make available, including through (a) our website at www.storiesportal.com and any other StoriesPortal branded or co-branded websites (including sub-domains, international versions, widgets, mobile versions, and applications); (b) our Platform; (c) social plugins such as the Like button, the Share button and other similar offerings and (d) other media, software (such as a toolbar), devices, or networks now existing or later developed.
- By "Platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from StoriesPortal or provide data to us.
- By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with StoriesPortal.
- By "content" we mean anything you or other users post on StoriesPortal that would not be included in the definition of information.
- By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from StoriesPortal or provide to StoriesPortal through Platform.
- By "post" we mean post on StoriesPortal or otherwise make available by using StoriesPortal.
- By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- By "active registered user" we mean a user who has logged into StoriesPortal at least once in the previous 2 years.
- By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
- If you are a resident of or have your principal place of business in Europe, this Statement is an agreement between you and StoriesPortal, Inc. References to "us," "we," and "our" mean either Kanjoya, Inc., Me Too, or StoriesPortal, as appropriate.
- This Statement makes up the entire agreement between the parties regarding StoriesPortal, and supersedes any prior agreements.
- If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this Statement, it will not be considered a waiver.
- Any amendment to or waiver of this Statement must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
- All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this Statement shall prevent us from complying with the law.
- This Statement does not confer any third party beneficiary rights.
- We reserve all rights not expressly granted to you.
- You will comply with all applicable laws when using or accessing StoriesPortal.