STORR TERMS OF SERVICE
Last Modified on September 19, 2019
PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.
Welcome to Storr! Your access and use of the Storr website located at www.storr.co (the “Site”), the Storr mobile application (the “App”) and features, products and services provided by Storr, Inc. ( “Storr,” “we,” “us,” or “our” ) through the Site or the App, but excluding any software, products or services provided by Storr under a separate written agreement, (individually and collectively, the “Service”) are subject to the terms and conditions in these Terms of Service (these "Terms").
Please note that the Service is operated in the United States and is not available to, and should not be accessed and used by, residents of the European Economic Area.
By agreeing to these Terms, including by a click-through or other agreement, or by using any aspect of the Service, you expressly acknowledge that you have read these Terms and agree to all of its terms and conditions. You represent and warrant that you have the legal capacity to enter a contract in the jurisdiction where you reside; or, if you are under the age of majority in your jurisdiction of residence, you represent that a parent or legal guardian also agrees to these Terms on your behalf.
You further agree to receive all communications, agreements and notices that we provide in connection with the Service electronically, including by e-mail, SMS text message, or by posting them on the Site, the App or through the Service. You agree that all communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You must agree to these Terms in order to use the Service, and if you do not accept these Terms then you may not use any aspect of the Service.
These Terms contain important language governing your use of the Service. It addresses, among other things, information about how we provide the Service, how we or you may terminate the Service, the requirements imposed on you when managing your Account and how we handle disputes (which includes a class action waiver and binding arbitration in most cases).
- Updates. Storr may update these Terms at any time in its sole discretion, and Storr will post the updated version of these Terms on the Site and/or the App. You understand and agree that you will be deemed to have accepted the updated Terms if you use any aspect of the Service after the updated Terms are posted. If at any point you do not agree to any portion of these Terms, you must immediately stop using the Service. If Storr makes any material change to these Terms, we will notify you of the change, such as by sending an email to the address associated with your Account, through a pop-up window on the App, or other similar mechanism. Disputes arising under these Terms will be resolved in accordance with the version of these Terms in place at the time the dispute arose. We encourage you to review these Terms frequently to stay informed of the latest modifications.
- Provision of the Service. You are responsible for any Internet connection and telecommunications fees and charges that you incur when accessing the Service. You acknowledge and agree that Storr may make changes to any aspect of the Service at any time without notifying you in advance.
- Termination of Service. Storr reserves the right to deny Service to any person or entity at Storr’s sole and absolute discretion. You acknowledge and agree that Storr may stop providing any aspect of the Service or restrict your use of the Service at any time, without notifying you in advance, for any reason or no reason. If Storr disables your access to your Account, you may be prevented from accessing the Service, your Account details or any materials contained in your Account.
User Accounts and Security.
- User Account. To access certain aspects of the Service, you must have a user account (an “Account”). Each user of the Service (Users") is limited to one Account. You can create an Account by completing the registration process on the Site and/or the App. You may be required to provide information about yourself as part of the registration process or your continued use of the Service. You agree that any registration information that you submit to Storr will be correct, accurate and up-to-date. You shall not: select or use as a username a name (a) of another person with the intent to impersonate that person; (b) subject to any rights of a person other than you with appropriate authorization; or (c) that is otherwise offensive, vulgar or obscene.
- User Account Security Maintaining your Account security is very important. You are solely responsible for maintaining the confidentiality of your Account password and for all activities that are conducted via your Account. You agree to notify Storr immediately if you become aware of any unauthorized use of your password or of your Account.
- User Account Sharing or Transfers. Accounts are registered to you personally and may not be transferred at any time under any circumstances. You may not share your Account with, or disclose your password to, anyone else.
- Cancellation by You. You have the right to cancel your Account at any time. You may cancel your Account by contacting us via email at firstname.lastname@example.org. Once you cancel your Account, your personal information will no longer be viewable by other Users. However, content previously shared with other Users may remain viewable by those Users until they delete such content.
- Termination by Storr. Storr may terminate your Account at any time for any reason or no reason, including if: (a) Storr determines that you are (i) in breach of or otherwise acting inconsistently with these Terms or (ii) engaging in fraudulent or illegal activities or other conduct that may result in liability to Storr; (b) Storr determines it is required by law to terminate your Account; or (c) Storr decides to stop providing the Service or critical portions of the Service.
- Effect of User Account Termination or Cancellation. If you voluntarily terminate your Account, you may reactivate that Account at any time by contacting us via email at email@example.com. Accounts terminated by Storr for any type of abuse including, without limitation, a violation of these Terms, may not be reactivated for any reason.
- Products. Storr provides an online platform that allows Users to market, promote, advertise and/or purchase various products (“Products”) offered and sold by third-party brands (each a “Brand”). You may be required to be over the age of 18 to market, promote and/or advertise certain Products through your Account. If you are under the age of 18, you agree that you will not add any such Products to your Account.
- Transactions with Brands. YOU ACKNOWLEDGE AND AGREE THAT NEITHER STORR NOR ANY USER IS THE MERCHANT OF RECORD FOR ANY PRODUCT PURCHASES MADE THROUGH THE SERVICE. EACH BRAND SHALL BE THE MERCHANT OF RECORD FOR ANY PURCHASE OF SUCH BRANDS PRODUCTS THROUGH THE SERVICE AND YOUR PURCHASE OF ANY SUCH PRODUCT THROUGH THE SERVICE IS A TRANSACTION BETWEEN YOU AND SUCH BRAND. IF YOU MAKE A PURCHASE THROUGH THE SERVICE, YOU AGREE THAT YOU WILL BE BOUND BY THE APPLICABLE BRAND’S TERMS AND CONDITIONS AND ANY OTHER APPLICABLE RULES OR POLICIES OF SUCH BRAND, INCLUDING SUCH BRAND’S RETURN, EXCHANGE AND SHIPPING POLICIES. PLEASE REVIEW SUCH POLICIES ON THE APPLICABLE BRAND’S WEBSITE PRIOR TO MAKING YOUR PURCHASE.
- Responsibility for Orders and Products. You acknowledge and agree that the applicable Brand will be solely responsible for fulfilling and shipping all orders of such Brand’s Products placed through the Service, and you will look solely to the applicable Brand (and not to Storr or any other User) for any (a) damage, injury, defect, error, delay, recall, warranty or other product liability claim related to such Products, (b) return, repair or replacement of, or refund for, such Products, (c) customer service related to such Products, and (d) any other liability, cost, expense, representation, warranty or obligation related to such Products or any of the foregoing. You agree that neither Storr nor any other User is an agent of any Brand and that each Brand operates independently and is not under Storr’s or any other User’s control with respect to the Service or otherwise. Neither Storr nor any other User shall have any liability or responsibility to you or any other third party for any Product purchased through the Service. Without limitation of the foregoing, Storr shall not be liable with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any Brand or any User, or for any damages or expenses resulting from your interactions with any Brand or any User.
- Pricing; Product Information. Prices offered or displayed by Storr through the Service are subject to change at any time without notice. No price is confirmed until the checkout process is complete. Storr further reserves the right, with or without prior notice, to add, remove or limit the availability of any Product through the Service. Although Storr displays information about Brands and Products and may collect payments for such Products, such actions do not in any way constitute Storr’s sponsorship or approval of any Brand or Product. Storr does not endorse or recommend any Brand or Product, and you agree that Storr is not responsible for the accuracy or completeness of information displayed through the Service with respect to such Brands or Products.
- Earning a User Commission. You will be entitled to receive a commission (the “User Commission”) for each Qualified Product purchased by another User through your Account. A “Qualified Product” means any Product purchased by another User through your Account that (a) is not returned during the applicable return period, (b) is returned during the applicable return period but no refund is actually issued or (c) is returned during the applicable return period but the Brand fails to notify Storr of such return prior to any applicable deadlines agreed to by Storr and such Brand.
- User Commission. The amount of the User Commission for each Product will be displayed in your Account and may be adjusted from time to time by Storr or the applicable Brand, in their sole and absolute discretion. The amount of the User Commission will be the User Commission in effect for a Qualified Product at the time of such Qualified Product’s sale. You shall only be entitled to receive a User Commission for Qualified Products purchased through your Account. You shall not be entitled to receive a User Commission or compensation of any other kind with respect to any Product purchased through your Account unless and until it becomes a Qualified Product. Storr shall have the right to determine, in its sole and absolute discretion, (a) whether and when a Product becomes a Qualified Product and (b) the amount of any User Commission owed to you. Any such determination by Storr shall be final, and you acknowledge and agree that you shall have no right to audit any such determination, any accounting thereof or any other information related thereto. The balance of your User Commission earnings will be displayed in your Account dashboard.
- Account Information. You may be able to view certain Account-related metrics in your Account (like historic User Commissions, transactions, donations, transfers, Account views, etc.). Storr makes no representations or warranties regarding the accuracy or completeness of such metrics.
- Requirements. As a condition to payment of your User Commission, you must (a) maintain an active Account with the information necessary to process your payment, (b) establish and maintain an active account with any payment processing service designated by Storr from time to time in its sole discretion (like PayPal, Venmo, Stripe, etc.) (each a “Payment Service”), (c) provide Storr with all necessary access and information to allow payment of your User Commission to your Payment Service account and (d) provide any additional information that Storr may reasonably request. You acknowledge and agree that your relationship with, and use of, any Payment Service will be governed by such Payment Service’s terms and conditions and any other applicable rules or policies of such Payment Service. Storr shall have no liability or responsibility to you or any other third party in connection with the accuracy of the Payment Service information provided by you or your use of any Payment Service (including any fees charged by such Payment Service in connection with such use).
- Payment. Your User Commissions will be paid to you as set forth or provided for on the Site and/or the App; provided, that you will not be able to receive your User Commission for a Product purchased through your Account until such Product becomes a Qualified Product. All amounts shall be expressed and paid in United States Dollars. Storr is not responsible for payments delivered to the wrong Payment Service account through no fault of Storr or for payment errors made by any Payment Service.
- Account Adjustments. In our sole discretion, we may deduct User Commissions from your Account in order to make adjustments for errors, returns and cancellations with respect to Qualified Products. It is your responsibility to check your Account regularly to ensure that User Commissions have been properly credited and paid and that your Account balance is accurate. If you believe that a User Commission has not been correctly credited to your Account, you must contact Storr within 60 days after such User Commission is credited to your Account. Should you disagree with any adjustments made to your Account or payments made to you, your sole remedy is to terminate your Account. Storr may set-off or recoup any amount owed by you to Storr under these Terms or otherwise by subtracting such amount from any amount payable by Storr to you in connection with your use of the Service (including, without limitation, any User Commission).
- TAXES. YOU MAY BE TAXED ON YOUR RECEIPT OF A USER COMMISSION. YOU ACKNOWLEDGE AND AGREE THAT STORR WILL NOT WITHHOLD ANY TAXES OR MAKE ANY TAX PAYMENTS ON YOUR BEHALF WITH RESPECT TO ANY PAYMENTS MADE TO YOU PURSUANT TO THESE TERMS, AND YOU HEREBY ASSUME COMPLETE RESPONSIBILITY FOR THE PAYMENT OF ANY AND ALL SUCH TAXES. YOU ARE STRONGLY URGED TO CONSULT, AND HEREBY REPRESENT AND WARRANT THAT YOU HAVE CONSULTED WITH, YOUR OWN TAX ADVISORS AS TO THE SPECIFIC TAX CONSEQUENCES OF RECEIVING ANY PAYMENTS UNDER THESE TERMS IN LIGHT OF YOUR PARTICULAR CIRCUMSTANCES, INCLUDING THE APPLICABLE FEDERAL, STATE, LOCAL AND FOREIGN INCOME AND OTHER TAX CONSEQUENCES TO THEM.
Donations of User Comissions
- Charitable Organizations. We may provide you with the opportunity to donate all or a portion of your User Commission to a public-interest or charitable organization that has partnered with us (each a “Charitable Organization”). In our sole discretion, we have the right at any time (a) to add or remove Charitable Organizations and (b) to change, alter or discontinue the charity initiative. Further, Storr does not make any guarantees or representations that all of the Charitable Organizations will continuously operate or qualify as charitable organizations or that their missions will remain the same. Storr disclaims liability for, and makes no guarantees or representations with respect to, how your donations will be spent by the Charitable Organizations.
- Donations. We will hold your donations and donate them to your selected Charitable Organizations on a monthly or quarterly basis (as determined by Storr in its sole discretion). 100% of your donations will be directed to your Charitable Organizations. You authorize and agree that Storr will process your donations and direct them to the Charitable Organizations that you have selected through the Service. If Storr is unable to complete a donation to your chosen Charitable Organization for any reason, then Storr may, within sixty (60) days, elect to (a) refund such donation to you or (b) route the donation to another Charitable Organization of Storr’s choosing.
- TAX DEDUCTIONS. STORR DISCLAIMS LIABILITY FOR, AND MAKES NO GUARANTEES OR REPRESENTATIONS WITH RESPECT TO, THE TAX-EXEMPT STATUS OF ANY CHARITABLE ORGANIZATION OR ANY POTENTIAL TAX DEDUCTIONS OR BENEFITS (IF ANY) THAT YOU MAY RECEIVE AS A RESULT OF ANY DONATION. YOU AGREE THAT DONATIONS MAY NOT BE ELIGIBLE FOR TAX DEDUCTIONS OR OTHER BENEFITS. AND THAT YOU ARE SOLELY RESPONSIBLE FOR UNDERTAKING ANY REQUIRED REPORTING AND FOR CLAIMING ANY APPLICABLE TAX BENEFITS THAT YOU WISH TO SEEK. YOU FURTHER ACKNOWLEDGE AND AGREE THAT STORR MAY DISCLOSE PERSONALLY IDENTIFIABLE INFORMATION ABOUT YOU (INCLUDING, BUT NOT LIMITED TO, NAME, EMAIL ADDRESS AND DONATION AMOUNTS) TO YOUR SELECTED CHARITABLE ORGANIZATION(S) AS REQUIRED FOR REPORTING PURPOSES, TO SECURE TAX BENEFITS ON YOUR BEHALF, OR TO COMPLY WITH APPLICABLE LAW.
- License Grant. Subject to the terms and conditions of these Terms, Storr hereby grants you a limited, non-exclusive, personal, non-sublicensable, non-transferable license to use the Service and to download, install and use the App solely in connection with your use of the Service on compatible devices owned or controlled by you, all of which may only be used in accordance with these Terms and any other rules, restrictions or documentation set forth by Storr from time to time.
- Updates. Storr may require that you download and install updates to the App from time to time. You acknowledge and agree that Storr may update the Service from time to time with or without notifying you, and may add or remove features or functions to the Service at any time in its sole discretion. You acknowledge and agree that Storr has no obligation to make the Service available to you, make any subsequent versions of the App and the Site available to you or to continue to support the Service in any way.
Restrictions and Condition of Use.
Use Restrictions. You may not create multiple
Accounts. You may not purchase Products from your own Account.
In the event that you purchase Products from your own Account,
you will not be entitled to receive a User Commission for such
purchase. Furthermore, you agree that you will not:
- cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Service;
- sell, assign, rent, lease, act as a service bureau, or grant rights in the Service, including, without limitation, through sublicense, to any other person or entity without the prior written consent of Storr;
- make any false, misleading or deceptive statement or representation regarding Storr or the Service;
- institute, assist, or become involved in any type of attack including, without limitation, denial of service attacks, upon the Service (or any servers, systems or networks connected to the Service) or otherwise attempt to obstruct, disrupt or interfere with the operation of the Service or any other person’s or entity’s use of the Service (or any servers, systems or networks connected to the Service);
- attempt to gain unauthorized access to the App, the Site, the Service, accounts registered to other Users, or any servers, systems or networks connected to the Service;
- use the Service for any commercial purpose unless consistent with these Terms and the intended use of the same;
- use the Service to develop, generate, transmit or store information that is defamatory, harmful, abusive, obscene or hateful;
- use the Service to upload, post, e-mail or otherwise transmit any material that constitutes unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or commercial electronic message;
- breach any agreements you enter into with any third parties;
- use the Service for any unlawful, prohibited, abnormal or unusual activity as determined by Storr in its sole discretion;
- use the Service to engage in any activity that (i) constitutes harassment or a violation of privacy or threatens other people or groups of people; (ii) is harmful to children in any manner; (iii) constitutes phishing, pharming or impersonates any other person or entity, or steals or assumes any person’s identity (whether a real identity or online nickname or alias); or (iv) violates any applicable law, ordinance, rule, regulation, treaty or self-regulatory guidelines (including, without limitation, the FTC Endorsement Guides);
- improperly obtain or attempt to improperly obtain any information or data from the Service including, without limitation, email addresses or mobile phone numbers of other Users;
- intercept, examine or otherwise observe any proprietary communications protocol used by the Service, whether through the use of a network analyzer, packet sniffer or other device; or
- use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan horse, trap door, time bomb or any other codes, instructions or third party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, any aspect of the Service.
- Fraudulent Activity. We reserve the right to investigate any transactions, activity or interaction through the Service that we believe, in our sole discretion, is abusing or has abused the Service. We reserve the right to rescind any User Commission, bar further User Commissions and/or terminate the Account of any User that we believe, in our sole discretion, is abusing or has abused the Service, including, without limitation, making multiple Accounts or fraudulent purchases of Products through the Service. Any failure to comply with these Terms, any fraud or abuse relating to the accrual or receipt of User Commissions, or any misrepresentation of any information furnished to Storr by you or anyone acting on your behalf may result in the termination of your Account and forfeiture of your User Commissions. If Storr has any reason to suspect fraudulent activity is associated with your Account, Storr reserves the right to delay or withhold payment of User Commissions. Any suspected or actual cases of fraud activity will be escalated and reviewed in accordance with our fraud policy.
- Prohibited Persons. You hereby represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Employees of Brands. Brands may prohibit their employees, agents or other representatives from using the Service to market, promote and/or advertise any Products offered and sold by such Brand. You agree that you will not market, promote and/or advertise any Products offered or sold by any Brand of which you or a family member are an employee, agent or other representative without first obtaining written authorization from such Brand to market, promote and/or advertise such Products.
- Violation of these Terms. You may not connect to or use the Service in any way that is not expressly permitted by these Terms. You acknowledge and agree that you are solely responsible, and Storr has no responsibility or liability to you or any other person or entity, for any breach by you of these Terms or for the consequences of any such breach. Storr may immediately terminate its relationship with you, or may suspend your Account immediately if it determines you are using the Service contrary to the restrictions found in these Terms.
- Use Restrictions. You may not create multiple Accounts. You may not purchase Products from your own Account. In the event that you purchase Products from your own Account, you will not be entitled to receive a User Commission for such purchase. Furthermore, you agree that you will not:
- Links from the Service. The Service may contain links to websites operated by independent third parties. Storr provides these links to other websites as a convenience and use of these websites is at your own risk. The linked websites are not under the control of Storr and Storr is not responsible for the content available on the other websites or services. Such links do not imply Storr’s endorsement of information or material on any other website and Storr disclaims all liability with regard to your access to and use of such linked websites. You understand and acknowledge that your access and use of linked websites and the services provided through these websites is governed by the terms of service and other agreements posted on such websites.
- Links to the Service. Unless otherwise set forth in a written agreement between you and Storr, you must adhere to Storr’s linking policy as follows: (a) the appearance, position and other aspects of any link to the App or the Site may not be such as to damage or dilute the goodwill associated with Storr’s or its licensors’ names and trademarks; (b) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Storr; and (c) when selected by a User, the link to the App or the Site must display the App or the Site on full-screen and not within a “frame” on the linking website. Storr reserves the right to revoke its consent to the link at any time and in its sole discretion (including any link on any social media networking platform). Furthermore, Storr reserves the right to revoke or modify any link (including any vanity link) to the Site, App or Service or otherwise related to your Account (including any link on any social media networking platform).
- Trademarks. The Storr name and logo are trademarks and service marks of Storr. Unless permitted in a separate written agreement with Storr, you do not have the right to use any of Storr’s trademarks, service marks or logos and your unauthorized use of any of these may be a violation of federal and state trademark laws.
- Ownership. You acknowledge and agree that Storr, or its licensors, owns all right, title and interest in and to the Service, including all intellectual property, industrial property and proprietary rights recognized anywhere in the world at any time and that the Service is protected by United States and international copyright laws. Further, you acknowledge that the Service may contain information that Storr has designated as confidential and you agree not to disclose such information without Storr’s prior written consent.
- Feedback. You may choose to, or Storr may invite you to, submit comments, bug reports, ideas or other feedback about the App, the Site, the Service or any modifications, features or improvements thereto (“Feedback”). You agree that Storr shall own any and all Feedback and Storr shall have the right to use, in any manner and for any purpose whatsoever, any and all Feedback. You hereby assign to Storr all right, title and interest that you may acquire in and to any Feedback.
Repeat Infringer Policy; Copyright Complaints.
In accordance with the Digital Millennium Copyright Act and
other applicable law, we have adopted a policy of terminating,
in appropriate circumstances, the accounts of Users who
repeatedly infringe the intellectual property rights of
others. If you believe that anything on our Services infringes
any copyright that you own or control, you may notify Storr as
- To: Storr Copyright Agent
- Address: 821 Sansome Street, San Francisco, CA 94111
- Phone number: 1 (415) 745 0151
- E-Mail Address: firstname.lastname@example.org
- Social Networks. The Service includes features that operate in conjunction with certain third-party social networking platforms such as Facebook (the “Social Network Features”). While your use of the Social Network Features is governed by these Terms, your access and use of third party social networking platforms and the services provided through such platforms are governed by the terms of service and other agreements posted by such platforms. You understand and acknowledge that the Service is not endorsed or certified by any of the aforementioned social networking platforms.
- Location. The Service is operated by Storr in the United States. In order for us to provide our Service, you agree that we may transfer, use and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law. If you choose to access the Service from a location outside of the United States, you do so on your own initiative and you are responsible for compliance with applicable local laws; provided, however, that the Service is not available to, and should not be accessed and used by, residents of the European Economic Area.
- Storr is not the source of, does not verify or endorse and takes no responsibility for the content of communications made using the Service or any materials submitted or made available through the Service via any function which allows a User to post or share content (which shall include, without, limitation, any photograph or other visual likeness of you) (“Submitted Content”). By using the Service, you agree that your Submitted Content may be viewable by other Users. Submitted Content is entirely the responsibility of the person from whom such content originated. You therefore may be exposed to content that is offensive, unlawful, harmful to minors, obscene, indecent or otherwise objectionable. Submitted Content may be protected by intellectual property rights owned by third parties. You are responsible for the content you choose to communicate and access using the Service. In particular, you are responsible for ensuring that you do not submit material that (a) is protected by copyright, contains trade secrets or otherwise is subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner; (b) is false or is a misrepresentation; (c) is offensive, unlawful, harmful to minors, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise objectionable; or (d) impersonates another person. Storr may in its sole discretion block, prevent delivery of or otherwise remove the content of communications as part of its effort to protect the Service or its Users, or otherwise enforce the terms of these Terms. Further, Storr may in its sole discretion remove such content and terminate your Account if you submit any content that is in breach of these Terms. You acknowledge that Storr has the right to pre-screen your Submitted Content, but has no obligation to do so. At Storr’s sole discretion, any Submitted Content may be included in the Service in whole or in part in modified form.
- Storr does not claim ownership of any of your Submitted Content. With respect to all of your Submitted Content, you grant Storr a perpetual, irrevocable, non-terminable, transferable, worldwide, royalty-free, sublicensable, fully paid-up, non-exclusive and transferable license to use, reproduce, distribute, prepare derivative works of, display, modify, copy and perform the Submitted Content or any part of the Submitted Content in connection with the Service and Storr’s (and its successors’ and affiliates’) business, including, without limitation, for promoting and redistributing part or all of the Service (and derivative works thereof) in any and all media formats and through any and all media channels. You also hereby grant each User a non-exclusive license to access your Submitted Content through the Service while the Submitted Content is made available through the Service. You may take down any of your Submitted Content at any time; however, you acknowledge and agree, that Storr may still have access to such Submitted Content and that the above license granted by you to Storr will remain in effect despite your removal of the Submitted Content from the Service. You hereby represent, warrant and covenant that any Submitted Content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this Section.
Eligibility of Minors.
- The Service is not directed toward children under 13 years of age, and Storr does not knowingly collect information from children under 13 or allow them to create an Account or access Account features. If you are under 13, please do not submit any personal information about yourself to Storr.
- Without limiting the foregoing, if you are under the age of majority in your jurisdiction of residence, you may use the Services only with the involvement of your parent or guardian. Make sure that you review these Terms with your parent or guardian so that you both understand all your rights and responsibilities. If you are under the age of majority in your jurisdiction of residence, you represent and warrant that you have obtained the consent of your parent or legal guardian to these Terms.
DISCLAIMER OF WARRANTIES.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STORR EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS INCLUDING, WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. STORR MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY MATERIALS, INFORMATION OR DATA AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SERVICE. STORR DOES NOT REPRESENT OR WARRANT THAT (A) YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; (B) THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS; (D) DEFECTS IN THE OPERATION OF THE SERVICE WILL BE CORRECTED; (E) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; or (F) THAT ANY USER COMMISSION WILL BE GENERATED AS A RESULT OF YOUR USE OF THE SERVICE.
LIMITATION ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STORR AND ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS (COLLECTIVELY, THE “RELATED PARTIES”) SHALL NOT BE LIABLE TO YOU UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, USE, DATA OR GOODWILL, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICE, EVEN IF STORR OR THE RELATED PARTIES HAVE BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL THE LIABILITY OF STORR OR ANY OF THE RELATED PARTIES EXCEED FIFTY DOLLARS ($50).
THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THESE TERMS HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF CERTAIN WARRANTIES, CONDITIONS OR REPRESENTATIONS SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL 14 BASIS OF THE AGREEMENT BETWEEN THE PARTIES HERETO, THAT THE PARTIES HAVE RELIED UPON SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, AND THAT ABSENT SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, THE TERMS AND CONDITIONS OF THESE TERMS WOULD BE SUBSTANTIALLY DIFFERENT.
- Indemnification. You agree to defend, indemnify and hold Storr and the Related Parties harmless from and against any and all claims, demands, liabilities damages and losses including, without limitation, reasonable attorneys’ fees, resulting from or arising out of (a) your use of the Service; or (b) your breach of these Terms or any other policies that Storr may issue for the Service from time to time. You further agree to cooperate as required by Storr in the defense of any claim. Storr reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Storr.
- Governing Law; Jurisdiction. These Terms are governed by California law, without regard to conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and Storr agree that, except as otherwise provided in Section 22 below, the state and federal courts located in San Francisco, California will have exclusive jurisdiction of all disputes arising out of or related to these Terms or your use of the Service and agree to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing, Storr shall be allowed to apply for equitable remedies (including injunctions) in any jurisdiction.
You and Storr agree that, except as provided in Section 22.4 below, all disputes, controversies and claims related to these Terms or the Service (each a “Claim”) shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Terms. In the event of a conflict between the terms set forth in this Section 22 and the JAMS Rules, the terms in this Section 22 will control and prevail.
Except as otherwise set forth in Section 22.4, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and Storr will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms, (a) you and Storr may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (b) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
- Location. The arbitration will take place in San Francisco, California, unless the parties agree to video, phone or internet connection appearances.
- Limitations. YOU AND STORR AGREE THAT ANY ARBITRATION SHALL BE LIMITED TO THE CLAIM BETWEEN STORR AND YOU INDIVIDUALLY. YOU AND STORR AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
- Exceptions to Arbitration. You and Storr agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (a) any Claim seeking to enforce or protect, or concerning the validity of, any of Storr’s intellectual property rights; (b) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
- Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
- Severability. You and Storr agree that if any portion of this Section 22 is found illegal or unenforceable (except any portion of Section 22.4), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 22.4 is found to be illegal or unenforceable then neither you nor Storr will elect to arbitrate any Claim falling within that portion of Section 22.4 found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within San Francisco, California, United States of America, and you and Storr agree to submit to the personal jurisdiction of that court.
- Arbitration Procedures.
Notice Regarding App Stores. To the extent that you are using our mobile applications that you downloaded through a third party’s App store, you further acknowledge and agree to the terms of this Section. You acknowledge that these terms are between you and Storr only, not with the owner or operator of the App store (the “App Store Provider”), and the App Store Provider is not responsible for the App or the Service and the content thereof.
The App Store Provider has no obligation whatsoever to furnish any maintenance and support services with respect to the App or the Service. In the event of any failure of the App or Service to conform to any applicable warranty, you may notify the App Store Provider and the App Store Provider will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, the App Store Provider will have no other warranty obligation whatsoever with respect to the App or the Service.
The App Store Provider will not be responsible for addressing any claims by you or any third party relating to the App or the Service or your possession and/or use of the App or the Service, including, but not limited to (a) product liability claims; (b) any claim that the App or the Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
The App Store Provider will not be responsible for the investigation, defense, settlement and discharge of any third-party claim that the App or the Service and/or your possession and use of the mobile application infringes that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the App or the Service. You acknowledge and agree that the App Store Provider and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, the App Store Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
You hereby represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Storr as a result of these Terms or your use of the Service.
Assignment. Storr may assign its rights under these Terms to any person or entity without your consent. The rights granted to you under these Terms may not be assigned without Storr’s prior written consent, and any attempted unauthorized assignment by you shall be null and void.
Severability. If any part of these Terms is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of these Terms shall be given full force and effect.
Attorneys’ Fees. In the event any litigation or arbitration is brought by either party in connection with these Terms, except as otherwise provided in Section 22.5, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
No Waiver. Our failure to enforce any provision of these Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by Storr of any provision, condition or requirement of these Terms shall not be understood as a waiver of your obligation to comply with the same provision, condition or requirement at a later time.
Notices. All notices given by you or required under these Terms shall be in writing and sent to email@example.com.
Export Administration. You must comply with all export laws and regulations of the United States or any other country (“Export Controls”) and you shall not export, direct or transfer any portion of the Service, or any direct product thereof, to any destination, person or entity restricted or prohibited by the Export Controls.
Equitable Remedies. You acknowledge and agree that Storr would be irreparably damaged if the terms of these Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.
Entire Agreement. These Terms, including the documents referenced in these Terms, constitute the entire agreement between you and Storr with respect to the Service and supersede any and all prior agreements between you and Storr relating to the Service.