Effective Date: October 18, 2017
2. Account Creation and Security
2.1 The enrollment code that StoryCorps provides to you is the account log-in credential (“Log-in Credential”) needed to access or use the Services. The Log-in Credential and an email address must be provided for each individual to access the Services for the first time. This Log-in Credential is confidential.
2.2 By creating an account, you agree that:
2.2.1 you will provide accurate, current and complete information and you agree to update your information as necessary to maintain its truth and accuracy. Using a pseudonym to create an account does not violate this provision;
2.2.2 you will not create an account for anyone other than yourself, unless you are a representative of an Entity with express authorization from an officer of such Entity to create an account on behalf of such Entity;
2.2.3 you will not create more than one account for yourself;
2.2.4 you will not purchase, sell, gift or trade any account, or offer to purchase, sell, gift or trade any account, or otherwise offer access to the Services to the general public; and
2.2.5 you will not share your password with anyone, except that with respect to accounts created on behalf of an Entity, you may share your account information with other authorized users of the Entity. You are solely responsible for keeping your account and Log-in Credential confidential and any and all activities that occurs on your account, so it’s important that you keep your account secure and use a strong password. If you think that someone has gained access to your account, please reach out to us at email@example.com.
2.3 YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT STORED OR HOSTED ON THE SERVICES. ALL RIGHTS IN AND TO SUCH ACCOUNTS ARE AND WILL FOREVER BE OWNED BY AND INURE SOLELY TO THE BENEFIT OF STORYCORPS.
3. Access and Use of the Services
Your access to and use of the Services is for a limited period of time equal to the length of the Log-in Credential term for the Services, and the Services you can access will vary based upon your role and Log-in Credential. You may access and use the Services solely for your personal training use and internal evaluation and not for the benefit of any third-party. Consumer may not transfer to a third party, either temporarily or permanently, any rights to access or use the Services.
4. Rights We Grant You
4.2 Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
4.3.1 alter, modify, duplicate, decompile, reverse engineer, disassemble or decode (including any underlying idea or algorithm) any part of the Services, or attempt to do any of the same;
4.3.2 use the Services in any way that violates, plagiarizes, misappropriates or infringes the rights of third parties, including without limitation, rights of copyright, trademark, privacy or publicity;
4.3.3 use the Services in any way that violates, breaches or is contrary to any applicable law, rules, regulation, court order or is otherwise illegal or unlawful in StoryCorps’ reasonable opinion;
4.3.4 use the Services to impersonate or attempt to impersonate StoryCorps, a StoryCorps employee, another user or any other person or Entity or otherwise misrepresent yourself. Using a pseudonym to create an account does not violate this provision;
4.3.5 use the Services for harassing, unethical or disruptive purposes or use the Services in any way that is indecent, offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit or in a manner to incite hatred on grounds of race, gender, religion or sexual orientation or in any other manner objectionable in StoryCorps’ reasonable discretion;
4.3.6 post sensitive information via the Services, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses;
4.3.7 create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to other users of the Services;
4.3.8 exploit the Services for any commercial purpose, including without limitation, the sale of access to the Services or the sale of advertising, sponsorships or promotions placed on or within the Services or User Content;
4.3.9 use the Services in any manner that could disable, overburden, damage, disrupt or interfere with the Services, any other party’s use of the Services or use any device, software or routine that causes the same;
4.3.10 circumvent, remove, alter, deactivate, disable, degrade, thwart or otherwise interfere with any security-related technological measure or content protections of the Services;
4.3.11 use or launch any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise access the Services to monitor, extract, copy or collect information from or through the Services, or any manual process to do the same;
4.3.12 introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; or
4.3.13 use the Services in any way that would affect StoryCorps adversely or reflect negatively on StoryCorps, the Services, StoryCorps’ reputation or goodwill, or its employees or moderators.
5. Services Disruptions and Maintenance
We strive to keep the Services up and running. However, the Site and/or the Services may be inaccessible due to scheduled and unscheduled reasons, including maintenance updates, power outages, system failures, extended downtime and other interruptions. During such periods, you may be unable to access or use any or portions of the Services, and StoryCorps is not liable for any disruption or loss you may suffer as a result.
6. Privacy; Information Use and Disclosure by StoryCorps
6.1. Your privacy is important to StoryCorps. When you create an account, you will provide information that could be Personally Identifiable Information (e.g. your username and email address) or Non-Personally Identifiable Information (e.g. your occupation and any other information you choose to disclose). StoryCorps uses certain information collected from you to operate and provide the Service. As part of the Service, StoryCorps may automatically upload information about you and your machines, use of the Service and Service performance.
6.2. StoryCorps regularly sends communications to our registered users with information about StoryCorps programs, services, and organization news. Our communications works on an opt-out basis. If, at any time, you wish to stop receiving these communications, please contact firstname.lastname@example.org.
6.3. When you use our Services, we may collect information about your activity and user reports on the Services, such as training modules viewed, and may use information about your activities and user reports to improve our Services and for other purposes.
6.4. StoryCorps may access or disclose information about you, including the content of communications or content on the Service. StoryCorps may do so in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of StoryCorps or its customers, including the enforcement of StoryCorps agreements or policies governing your use of the Service; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of StoryCorps employees, customers, or the public.
6.5. If you cancel your account and discontinue your use of the Services, we and our third-party partners (including third party hosting and storage sites and others) may continue to retain your account information, data, activities, and user reports submitted, uploaded or otherwise provided by you or generated from your use of the Services prior to your cancellation of your account and/or discontinuance of your use of the Services.
7. Our Intellectual Property Rights
8. Third Party Content
9. Service Changes and Termination
9.1. StoryCorps continuously works to improve the Services, and may change the Services or stop providing portions of or all of the Services at any time.
9.4. StoryCorps may permanently delete your data and usage reports from its servers at the end of your Log-in Credential term, if your account is closed or if the Services are cancelled. StoryCorps does not have any duty to provide you with your data or usage reports and StoryCorps will not be liable for any loss or damage you may incur from the deletion of any data or usage reports regardless of whether or not you renew or purchase an additional Log-in Credential term for the Services.
10. Warranty Disclaimer
THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, STORYCORPS, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “STORYCORPS PARTIES”) DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. STORYCORPS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, LIKELY RESULTS, RELIABILITY OR COMPLETENESS OF THE CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, (2) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (3) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (4) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (5) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. STORYCORPS DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND STORYCORPS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
11. Limitation of Liability
11.2 YOU SPECIFICALLY ACKNOWLEDGE THAT THE STORYCORPS PARTIES SHALL NOT BE LIABLE FOR YOUR USE OF THE SERVICES OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
11.3 YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH STORYCORPS IS TO STOP USING THE SERVICES AND TO CANCEL YOUR ACCOUNT.
11.4 Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of the StoryCorps Parties shall be limited to the fullest extent permitted by law.
11.5 While the Services may be accessible worldwide, we make no representation that it is appropriate or available for use in any specific location. Any offer of the Services is void where prohibited by law.
13. Provisions Applicable to Users Outside the United States of America
13.1 StoryCorps seeks to create a community with consistent standards for you and all other users of the Services, but we also strive to respect local laws. The following provisions apply to people who access the Services outside the United States:
13.1.1 you consent to having your personal data transferred to and processed in the United States;
13.1.2 you will not use the Services if you are prohibited from receiving products, services or software originating from the United States; and
13.1.3 you will not use the Services if your use will subject StoryCorps to any registration requirement within a foreign jurisdiction or country.
13.2 Software related to or made available by the Services may be subject to United States export controls. Therefore, no software from the Services may be downloaded, exported or re-exported: (1) into or to a national or resident of any country to which the United States has embargoed goods; or (2) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
15. Governing Law
16.1 StoryCorps reserves the right to limit the availability of the Services or any portion of the Services to any person, geographic area or jurisdiction, at any time and in StoryCorps’ sole discretion, and to limit the quantities of any content, program, product, service or other feature that StoryCorps provides.
16.4 No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
16.6 The section headings used herein are for reference only and shall not be read to have any legal effect.
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