Terms and Policies

• “Content” means all content you submit to the Platform, including but not limited to Works, Chapters, Artwork, Insert Content, and Ancillary Author Information, but excluding any Comments. 

• Each Content is a work of fiction. Names, characters, business, events and incidents are the products of the author’s imagination. Any resemblance to actual persons, living or dead, or actual events is purely coincidental.

• Content must not include or embody, in whole or part, the following, determined in Stori Writing Writing’s sole discretion:

  • Content that contains pornographic content, including without limitation, smut one-shots, erotica shorts, or PWP, or in any way describes or contains extreme or illegal sexual acts, including, without limitation, graphic, romantic, or erotic portrayals of rape, non-consensual sex, incest, pedophilia, sex involving minors, sexual torture, bestiality, or necrophilia;

    • We can allow artistic expressions of nudity and erotica

  • Any Content that infringes, in whole or part, any intellectual property right (including, without limitation, copyright, trademark, publicity, or privacy rights, belonging to any third party. An example of the foregoing would be plagiarizing another’s Work or publishing fanfiction of a dramatic or literary work;

  • Any Content that is threatening, bullying, abusing or invading another’s privacy (such as the unauthorized dissemination of another’s Personal Information), or causing annoyance, inconvenience, or needless anxiety, or is likely to harass, upset, embarrass, alarm or objectively annoy any other person;

  • Content that contains any material that is offensive, hateful, a hate crime, or inflammatory or discriminates or incites violence against a particular group of people, including without limitation, any statement that is, or can reasonably be construed as, sexist, racist, ableist, homophobic, or ageist;

  • Content that promotes, directly or indirectly, any illegal activity, including, without limitation, advocating, promoting, or assisting in the commission of any crimes or other unlawful acts;

  • Content that causes, directly or indirectly, another to engage in any self-harming behavior, including, without limitation, encouraging or advocating suicide or an eating disorder;

  • Content that contains any material which is defamatory or disparaging to Stori Writing or any third party;

  • Content that breaches a legal duty owed to a third party, such as a contractual duty, fiduciary duty, or confidentiality obligations;

  • Content that is being used to impersonate any person, deceive, or to misrepresent your identity or affiliation with any third party;

  • Content that contains solicitations and advertising for a user to buy any product or service and/or include links within the Content to promotions with third party publishers and digital platforms; and

  • Content that gives the impression that it emanates from Stori Writing, even if that is not the case.

At Stori Writing, our mission is to provide the best social reading experience created by our growing community where storytellers and communities can interact safely. In order to create an inclusive space, we ask that all users participate in a friendly and respectful way. 

Our Code of Conduct clearly outlines our policies for what we do and don’t allow on Stori Writing. Our Terms of Use, on the other hand, are an agreement, outlining our obligations to you and your obligations to us (one of which is to not violate our Code of Conduct). 

This code of conduct applies to all reader and author activity on Stori Writing. We will regularly update the code of conduct based on how the Stori Writing community and services evolve.

We at Stori Writing reserve the right to suspend any account at any time for any conduct that we deem detrimental or inappropriate. In addition, we may: remove comments, place a strike on your account, and / or place your account on probation.

1. Use Common Sense

   • When you choose or update your username, be sure to avoid anything explicit or hurtful.

   • When uploading a profile picture, choose appropriate imagery. Be sure to avoid nudity, self-harming, and graphic violence. 

2. Respect Others

   • Respect and protect fellow users’ feelings, property, and personal information.

   • We are a community with diverse backgrounds, points of views, and principles. Everyone should strive to be polite and open-minded, taking the time to consider issues from other perspectives when disagreements arise. 

   • We have zero tolerance for hateful conduct and harassment on Stori Writing. Hateful conduct is any content or activity that promotes or encourages discrimination, denigration, harassment, or violence based on the following protected characteristics: race, ethnicity, color, caste, national origin, immigration status, religion, sex, gender, gender identity, sexual orientation, disability, serious medical condition, and veteran status. 

   • If you are unable to resolve an issue, please report inappropriate behavior to team@storiwriting.com. 

3. Provide Constructive Feedback 

   • We want to foster a safe environment for creators and readers alike. Constructive feedback is important to many writers, but we ask that readers deliver it in a civil way. 

   • If you don't have anything nice to say, keep it to yourself. If you feel like you're being personally attacked or targeted, please let us know by reporting the user. 

4. Report Content that Violates Our Code of Conduct 

   • If you see something, say something.

   • Please email team@storiwriting.com if you come across any content or user comments / activity that violates our code of conduct. 

5. Don’t Violate the Privacy of Others

   • Do not share content that may reveal private personal information about other users / authors, or their private property, without permission. This includes but is not limited to:

     1. Sharing personally identifiable information (such as real name, location, email address, phone number, etc)

     2. Sharing restricted or protected social profiles or any information from those profiles

6. Ratings 

   • If a story is not rated Mature but should be, Stori Writing may make this change to reflect our Content Guidelines.

   • If a user believes that a story should be rated “Mature” and wants to request a rating change, please email team@storiwriting.com with your request. 

7. Do Not Steal or Plagiarize Work

   • As outlined in our Terms of Service, readers are prohibited from reposting Stori Writing content (paywalled or free) anywhere else. 

   • Stori writers spend long hours crafting their works - do not steal or plagiarize their work. 

8. No Promotion / Advertising

   • Users cannot utilize Stori Writing for the purpose of advertising goods or services. For example, do not spam stories with promotional messages.

9. Don’t Misrepresent Yourself

   • Do not pose as Stori Writing staff. Stori Writing staff have verified badges on their profile.

Stori understands how important your privacy is. This privacy policy (the “Privacy Policy”) sets out the privacy policies and practices for Stori Writing, Inc. (“Stori”) with respect to how Stori collects your personal information. It also describes how Stori maintains, uses, and discloses personal information. This Privacy Policy applies to information collected from you by Stori via Stori’s website and mobile application (the “Sites”). This Privacy Policy also sets out how you can access certain information that Stori may collect about you.  

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In this Privacy Policy, personal information means information about an individual whose identity is apparent or can be reasonably ascertained from the information as further defined under applicable privacy laws (“Personal Information”).

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Please note that the Sites may contain links to other third-party websites that are not controlled or operated by Stori. This Privacy Policy does not apply to such third-party websites, and Stori is not responsible for the content of such third-party websites or the privacy practices of such third parties. Stori encourages you to request and review the privacy policies of any third parties upon disclosing your Personal Information to such parties or when visiting such third-party websites.

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1. Consent of Collection of Information. By submitting Personal Information to Stori and its Sites or any of its service providers, you agree and consent to the collection of your Personal Information and consent to the use, disclosure and transfer of your Personal Information in accordance with the provisions of this Privacy Policy. You may always refuse or withdraw your consent by contacting Stori at support@getstori.app. You understand that if you withdraw your consent, Stori may not be able to continue to offer its services and provide its content to you.  

2. Children Under 18. The Sites are not intended for children under eighteen (18) years of age. No one under age 18 may provide any Personal Information to or on the Sites. Stori does not knowingly collect Personal Information from children under 18. If you are under 18, do not use or provide any information on the Sites or through any of its features, register on the Sites, make any purchases through the Sites, use any of the interactive or public comment features of the Sites, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If Stori learns we have collected or received Personal Information from a child under 18 without verification of parental consent, we will delete that information. If you believe Stori might have any information from or about a child under 18, please contact us at support@getstori.app.

3. Revisions to this Privacy Policy. Stori reserves the right, in Stori’s sole discretion, to change, modify, add or remove portions of this Privacy Policy at any time and from time to time, without prior notice to you. Stori will treat your continued use of the Sites following such revision as your acceptance of the revised terms. All revisions will be posted to the Sites and will apply to any Personal Information collected on or after the date posted. Stori will obtain the necessary consents required under applicable privacy laws if it seeks to collect, use or disclose your Personal Information for purposes other than those to which consent has been obtained, unless otherwise required or permitted by law.

4. What Personal Information does Stori collect and how is it processed? 

4.1. What do we collect? Stori may directly collect your name, email address, your Internet Protocol (IP) address, and certain geographical data. If you provide it, then this information may also include your name and username. There may be other information you provide but that will not be collected by Stori and instead will be collected by the third parties Stori works with as outlined in 4.4. We also collect Non-Personal Information. “Non-Personal Information” means information that is anonymous or we cannot easily use to personally identify you or contact you, including your web or mobile browser type, mobile carrier, operating system, hardware device type, the URL of the previous website you visited, and, upon leaving the Platform, and the URL of the next website you go to. 

4.2 Newsletter. We may send you a newsletter, survey, or other promotional materials. We will only contact you through our newsletter for promotional or informational purposes. Subscribing to our newsletters is optional and you will always be able to unsubscribe. 

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4.3 Payment Processing. As of the date of this Privacy Policy, Stori does not store any credit or debit card details on or offline. Payments and other similar transactions via the Platform are completed by a third-party payment processor, such as Apple or Google (“Payment Processor”), and any purchases you make via the Platform shall be additionally governed by the Payment Processor’s terms and conditions and/or privacy policies. Stori is not liable for the security or performance of the Payment Processor. Stori reserves the right to immediately change our Payment Processors at any time without notice to you. Additional Payment Processor terms concerning a writer’s Account and the monetization of Works provided or uploaded by a writer can be found on Stori’s Writer Content Policy.

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4.4 Third Parties. Stori may work with third party applications in order to provide you with the best services on the Sites. These organizations may collect Personal Information from you in order to provide you with the services, including your name and contact information. 

5. How will Stori use your Personal Information? Your Personal Information will be used to provide you with promotional and informative materials and offers and deliver the content and services available on the Sites. Specifically: 

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5.1 Your credit card information will not be kept by Stori but instead by one of the third parties listed in section 4.3 above;

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5.2 Your name and e-mail address are collected but will not actually be stored on the Sites. Any information captured will be processed through third party websites in section 4.4 above; 

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5.3 If you subscribe to our newsletter your Personal Information will be used to send the newsletter to you;

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5.4. If we send you the Newsletter for marketing purposes, we may use your contact information to send you emails about promotions, special events and other marketing information. You can opt not to receive these emails from us by either clicking “unsubscribe” at the bottom of the email when you receive it or by sending an email that includes your email address and a request that you not receive our promotional emails;

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5.6 We may use your Personal Information to respond when you submit a comment, question or suggestion to us, or when you request assistance regarding a service or product you purchased.

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5.7 We may use your Personal Information To operate, maintain, and improve our Platform; To create your account, identify you as a user, and customize Stori for your account; to send you administrative emails, confirmations, technical notices, updates, and security alerts; to track and measure our advertising

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5.8 We may share your information if we believe in good faith that disclosure of your information is required to protect your safety or the safety of others, to investigate a fraud, or to respond to a government, judicial or other legal request or to comply with the law;

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5.8 We may also share certain aggregated, anonymized information with a third-party provider in order to assist us in improving the Sites.

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6. Exclusions. This Privacy Policy does not apply to Submissions and any materials that you post or otherwise make available on the Platform in a public way. PLEASE DO NOT POST OR ADD PERSONAL INFORMATION TO THE PLATFORM IN A PUBLIC WAY THAT YOU WOULD NOT WANT TO BE PUBLICLY AVAILABLE.

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7. Storing Your Personal Information. Stori’s web server may store your Personal Information when you interact with the Sites. Stori will be happy to delete any of your Personal Information it holds upon a written request made by you. Your Personal Information will be safely disposed of by Stori. 

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8. The Sites and Stori abide by all relevant United States federal and State privacy laws in all aspects of our operations. This Privacy Policy is also compliant with GDPR and CCPA regulations. If you’ve got any questions about our legal compliance, feel free to reach out to support@getstori.app. 

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9. Do Not Track Signals. Stori currently does not recognize or respond to browser-initiated Do Not Track (DNT) signals, as the Internet industry is currently still working on Do Not Track standards and there is no accepted standard on how to respond to such signals. 

10. Analytics.  The Sites keeps the following information from your visits to our webpage:

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10.1. Visitor information to improve our customer engagement which tells us where and when people visit the Sites and how long they stay there; and 

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10.2 IP information for website and server security.

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11. Cookies. The Sites uses ‘cookies’ to keep a record of the number of times you’ve visited the Sites and how you interacted with the Sites during each visit. In addition to this, the Sites also uses cookies which are not absolutely essential for your use of the Sites. Your continued use of the Sites serves as consent for these cookies. A cookie is a small text file that gets sent by the servers of the Sites to your hard drive and can only be read and interpreted by the Sites’ servers. No Personal Information is stored in the cookie and there is nothing on it which can identify you personally. Why do we use cookies? Cookies help the Sites understand how you interact while visiting the Sites and what your preferences are and thus can improve your experience on the Sites. If you do not want cookies from the Sites, simply adjust the settings in your web browser to disable cookies. This may change the way you access the Sites, but of course it is your choice to do so. 

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12. Disclosure of Personal Information. Stori will NEVER sell or license any Personal Information we collect from you, however, Stori is not liable for any disclosure of your Personal Information by any third party. By purchasing the content offered by Stori, you agree to be bound to and consent to the provisions of our third parties’ privacy policies. 

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12. 1 In the event that Stori changes its practices or does sell your Personal Information, you will be notified and you will be able to opt-out of Stori selling your Personal Information by contacting us at support@getstori.app.

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13. Jurisdiction. This privacy policy and the use of the Sites are governed by the laws of the United States and the State of California. If a dispute arises under this policy, we agree to first resolve it through binding arbitration to take place in the State of California. 

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14. Your Consent. By choosing to provide Stori with your Personal Information you are consenting to its collection, use and disclosure in accordance with the principles outlined in this Privacy Policy. If you are under the age of 18, you must not provide any Personal Information to us without the consent of your parent or guardian, or as otherwise provided for by applicable law. 

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15. Protecting Your Privacy. Stori is committed to protecting your privacy. Security measures, such as using passwords on servers and computers, and locked cabinets where Personal Information is stored have been adopted to protect your Personal Information against loss or theft, unauthorized access, disclosure, copying, use or modification. Online transactions are completed using third party applications outlined in section 4.4 above. Please refer to the third parties’ privacy policies for clarification on how your transaction and Personal Information will be handled. Stori makes no promises, warranties or representations about the manner in which your Personal Information is handled by third parties and bears no liability whatsoever for their use of them.

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16. Verifying your Identity. Stori will ask you to verify your identity when you contact us or submit a request regarding your Personal Information. Stori will ask you to provide sufficient information that allows us to reasonably verify that you are the person who we collected Personal Information about.  

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17. Third-Party Interception. The internet is, by its nature, inherently open and subject to interception of information. We cannot guarantee that the information you provide to Stori over the internet or otherwise will not be intercepted by third parties while it is being communicated by means that are outside of Stori’s control. 

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18. Verifying and Amending Your Personal Information. Stori tries to ensure that all Personal Information about you that is in our possession is accurate, complete and up-to-date. Please contact us at support@getstori.app to advise us of any changes to your Personal Information. You may request access to the Personal Information held by Stori at any time or seek to make corrections to it.

19. Resolving your concerns. If you have any questions or concerns about Stori's Personal Information collection, use and disclosure practices, please let us know at support@getstori.app and we will do our best to help you.

1. Introduction

   1. Welcome to www.getstori.app. This site is owned and operated by Stori Writing, Inc. By accessing or using the Platform (as defined below), you confirm that you unconditionally accept these Terms (as defined below) and that you agree to fully comply with them. Please read these Terms carefully before using the Platform. If you do not agree to these Terms, please do not use the Platform and you are not granted permission to access, view, or otherwise use the Platform for any purpose.

   2. Stori Writing, Inc., registered in the state of Delaware with offices at 221 Clara Street, Unit 10, San Francisco, CA 94107 (“Stori”, “we”, “our”), and we provide a Platform for writers and publishers to distribute and monetize various literary works (a “Work” or “Works”). These terms of service, together with all documents referred to herein and all other operating rules, policies and procedures that Stori may publish from time to time, such as our Privacy Policy (as defined below) and Content Policy (as defined below) (collectively, the “Terms”), govern Stori’s relationship with users (“users”, “you”) of the Stori platform located at the website www.getstori.app, including all sub-domains and associated websites (collectively, the “Website”), the Stori mobile application(s), including iPhone applications (“Apps”), any and all other platforms on which content is accessed, published, or distributed, and all associated services, features, or content made available through any of the foregoing (“Services”) (together, the “Platform”). The Terms constitute a legally binding agreement between Stori and you.

   3. While some Content (as defined in the Content Policy and including but not limited to the Works) and Intellectual Property (as defined below) on the Platform may appeal to children, no part of the Platform is directed to or targets children younger than 13 years of age (a “Child” or “Children”), and Children are not permitted to use the Platform. Notwithstanding the foregoing, we do not knowingly collect personal information online from children and have adopted techniques to ensure compliance with the Children’s Online Privacy Protection Act of 1998 (“COPPA”). Stori strongly urges all parents and legal guardians to monitor the Internet and mobile uses of Children. Parents and legal guardians should be aware that there are parental control tools available from other sources on the Internet that you can use to prevent your children from accessing or submitting information online without parental permission. If we learn that Stori has collected personal information of a Child, Stori will take steps to delete such information from our files as soon as commercially reasonably possible. Notwithstanding the foregoing, in the event that you are a parent or legal guardian and you nonetheless permit a Child to use the Platform, you shall be solely responsible for monitoring your Child’s use of the Platform and Stori shall have no liability regarding the same.

   4. The Platform may contain links or embedded material to third party content, which Stori has not reviewed, including, without limitation, other websites and third-party services, for the convenience of visitors, advertising purposes, or for other similar functions related to Stori’s business. Stori linking or embedding to third party content does not imply an advertisement or endorsement of any good, service, product, or otherwise, provided by such third party. Stori is not responsible for any third-party content linked or embedded to or from the Platform and expressly disclaims, without limitation, any responsibility for any third-party content, the accuracy of any information found on any third-party website, or the quality of products of services provided by or advertised on such third-party website. Your use of any third-party content is at your own risk, and may be subject to the terms and conditions of such third party’s website. Stori encourages you to review the terms and conditions and privacy policy of any third-party website that you visit and be aware that a third-party website may collect your personal information and Stori is not able to control any third party’s use of such technologies or how any third party manages the information gathered from such technologies.

   5. The Terms are effective of and were last updated on February 8, 2022. Stori reserves the right to modify, alter, amend, or update the Terms at any time without notice to you in Stori’s sole and absolute discretion, and such new Terms will immediately take effect upon Stori posting such new Terms on the Platform or otherwise disseminating the new Terms to you, such as by e-mail. You are encouraged to frequently visit the Website (www.getstori.app/terms) to review the current Terms. Notwithstanding the foregoing, Stori will attempt to notify you in a commercially reasonable amount of time any changes to the Terms. Your continued use of the Platform in any capacity following any changes to the Terms shall be deemed your acceptance of any and all changes to the Terms and your agreement to be bound by the most current Terms.

2. Privacy Policy

   1. Our privacy policy, a copy of which is available at www.getstori.app/privacy (“Privacy Policy”), is incorporated in these Terms by reference. The Privacy Policy sets out, among other things, the terms on which we process any Personal Information (as defined in the Privacy Policy) we collect from you, or that you provide to us. By using the Platform, you irrevocably consent to such processing and you warrant that any materials you provide to us are accurate.

3. Intellectual Property

   1. As between Stori and you, all right, title, and interest in and to the Platform is owned, licensed or otherwise controlled by Stori, including, without limitation, stories, reviews, articles, blogs, and other text, graphics, logos, button icons, images, artwork, music, blurbs, copy, summaries, marketing or biographical materials, underlying source code in and to the Website and Apps, digital downloads, audio clips, videos and, webinars, along with the selection, coordination, arrangement, and organization of all material found on the Platform, as well as any ancillary marketing material and printed materials, excepting only your Content (which remains your literary property in accordance with our Content Policy) (together, the “Intellectual Property”), and is protected under domestic and international copyright and other similar intellectual property laws. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Site are trademarks or trade dress of Stori. Stori's trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Stori. All other trademarks not owned by Stori that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Stori.

4. License to Users

   1. Subject to your full compliance with the Terms and to the extent we are lawfully able to grant such rights, Stori grants you a non-exclusive, non-sublicensable and non-transferable license to the Intellectual Property solely for the purposes of accessing Works, using the Platform, and for other purposes expressly stated herein. This license does not include any resale or commercial use of any content, service, or product available on the Website; any collection and use of any product or service listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. Under no circumstances are you permitted to teach or train from our intellectual property without our express written consent. All rights not expressly granted to you in these Terms of Use are reserved and retained by Stori or its licensors, subcontractors, or other content providers. The Website, or any part of it, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Stori.

   2. Nothing contained in the Terms should be construed as granting, by implication or otherwise, any license or right to use any of the Intellectual Property without the express written permission of Stori, beyond the rights to access, use, and/or view the Platform or Works as expressly stated herein. For the avoidance of doubt, the Terms do not transfer from us to you any of our, or any third party’s intellectual property rights, and all right, title and interest in and to such property will remain vested with the applicable owner.

5. Registration and Accounts

   1. To use certain features of the Platform, you are required to register for a Stori account (an “Account”). You may register for an account on the Platform or by logging in to a permitted social media account. The registration/login pages on the Platform will inform you as to which social media accounts can be used to login to the Platform. We reserve the right to amend which social media accounts can be used to access the Platform at any time. You agree that all information that you submit during the Account signup process, or additional information you submit to your Account profile at any time thereafter, shall be accurate and truthful, and you shall keep the same up to date. Please review our Privacy Policy to learn more about the information we collect from you during the Account sign-up or authentication process.

   2. You acknowledge that your Account is unique and personal to you, and you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your Account. If you know or suspect that anyone other than you knows your password, you must promptly notify us at support@getstori.app. For the avoidance of doubt, you are solely responsible for ensuring that all persons who access the Platform via your Account are familiar with these Terms and that they will comply with them.

   3. You may never use another person’s user account or registration information without permission. You must notify us immediately of any change in your eligibility to use the Platform, breach of security or unauthorized use of your account. You should never publish, distribute or post login information for your account.

   4. You may only access the Platform on up to three (3) different devices per Account.

   5. You have the ability to delete your Account, either directly through the Platform or through a written request made to Stori at support@getstori.app. You understand that upon deletion of your Account, you will lose the right to access or use all or part of the Platform. Notwithstanding the forgoing, if you have published Content on the Platform, termination of your Account shall also be governed by Section 9 of the Content Policy.

   6. We reserve the right to permanently delete, disable, suspend, or terminate your Account and all content included therein, at any time, for any reason in our sole and absolute discretion, including, without limitation, if you fail to comply with any provision of these Terms.

   7. You acknowledge and agree that upon any termination of your account for any reason, whether by you or Stori, you will not be entitled to and Stori will not be liable to you or any third party for any refund, reimbursement, or other liability including without limitation, as it relates to the prior purchase of any Coffee Beans (as defined in Section 10 below).

6. Content Policy

   1. Our content policy, (“Content Policy”), sets out, among other things, the terms on Stori’s uses of Content which writers and publishers upload to the Platform. You must review and agree to the Content Policy prior to uploading any Works on the Platform.

   2. For the avoidance of doubt, all rights not expressly granted to Stori herein shall be reserved to you and Stori is not claiming any ownership in and to your Content.

7. Comments on Platform

   1. Stori welcomes your interaction on the Platform, and you may be able to submit materials to Stori which are not Content. By submitting any comments or feedback (together, a “Comment” or “Comments”) through the Platform or otherwise, such as emailing Stori about the Platform, posting on a message board, or reviewing a Work, Stori will be free to use the Comment for any purpose, in all media, in perpetuity, without owing any obligation or liability to you whatsoever, including, without limitation, the right to use, exploit, sell, display, perform, store, modify, adapt, publish, translate, add to, distribute, and/or reproduce the Comment on the Platform. If you wish to keep a Comment private or proprietary, please do not transmit any Comment to Stori or share any Comment with others. For the avoidance of doubt, the definition of Comment shall not be deemed to include your Content.

   2. Comments must not include or embody, in whole or part, the following, determined in Stori’s sole discretion:

   3. infringement, in whole or part, any intellectual property right (including, without limitation, copyright, trademark, publicity, or privacy rights) belonging to any third party. An example of the foregoing would be plagiarizing another’s Work;

   4. threatening, bullying, abusing or invading another’s privacy (such as the unauthorized dissemination of another’s personal information), or causing annoyance, inconvenience, or needless anxiety, or is likely to harass, upset, embarrass, alarm or objectively annoy any other person;

   5. any material that is offensive, hateful, a hate crime, or inflammatory or discriminates or incites violence against a particular group of people, including without limitation, any statement that is, or can reasonably be construed as, sexist, racist, ableist, homophobic, or ageist;

   6. any material which promotes, directly or indirectly, any illegal activity, including, without limitation, advocating, promoting, or assisting in the commission of any crimes or other unlawful acts;

   7. any material which causes, directly or indirectly, another to engage in any self-harming behavior, including, without limitation, encouraging or advocating suicide or an eating disorder;

   8. any material which is defamatory or disparaging to Stori or any third party;

   9. any material which contains pornographic content, or in any way describes or contains extreme or illegal sexual acts, including, without limitation, graphic, romantic, or erotic portrayals of rape, non-consensual sex, incest, pedophilia, sex involving minors, sexual torture, bestiality, or necrophilia;

   10. any material which breaches a legal duty owed to a third party, such as a contractual duty, fiduciary duty, or confidentiality obligations;

   11. any material used to impersonate any person, deceive, or to misrepresent your identity or affiliation with any third party;

   12. any material which contains solicitations and advertising for a user to buy any product or service and/or include links within the Comments to promotions with third party publishers and digital platforms; and

   13. any material which gives the impression that it emanates from Stori, even if that is not the case.

   14. Without limiting any right available to Stori, Comments found to be in violation of any of the above may subject you to the termination or suspension of your Account or the immediate removal of the Comments from the Platform, without notice to you, in our sole discretion.

   15. Tagged Media 

   16. Users and customers who choose to share photos and videos on Instagram, Facebook, Twitter, TikTok and other social media channels (“Social Media Channels”), using hashtags, including #Stori, #StoriWriting, or tagging the Instagram(@Stori), Facebook, and/or Twitter Account (@Stori), (all such hash tagged and/or @ labeled content, “Tagged Media”) acknowledge and agree that Stori may use such Tagged Media on our Website and within our content, services, and social media. By publicly posting any Tagged Media, you hereby grant us permission to use and authorize others to use your name, social media handle in association with Tagged Media publicly for promotional purposes, even after you cancel your Account. You further acknowledge that posting your Tagged Media containing your personal information such as your name, voice, and/or photos, does not violate or infringe on the rights of any third party, including, without limitation, to privacy rights, publicly rights, copyrights, trademark, or other intellectual property rights. 

8. Restricted User Conduct

   1. You shall not copy, capture, reproduce, remove, perform, transfer, sell, license, modify, manipulate, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, distribute, use, store, or exploit, in whole or in part, Content, the Platform or any Intellectual Property unless otherwise explicitly permitted by these Terms. Without limiting the foregoing, you may not reproduce any Content and Intellectual Property or create copies of any Content and Intellectual Property via any means, including, without limitation, by reproducing on any physical or digital media (such as CDs or digital text files) or uploading Intellectual Property to any peer-to-peer or torrent website or service. Any unauthorized activities that infringe upon the intellectual property rights of Stori or owners or rights holders of the Content are expressly prohibited and all rights in and to Intellectual Property and the Content are expressly reserved. Any unauthorized use of the Intellectual Property, except as explicitly authorized by these Terms, may subject you to civil liability under copyright, trademark, publicity, or privacy, laws and other civil and criminal statutes, rules, or regulations, and you agree, at our option, to return or destroy any copies of the Content and Intellectual Property that you have made in violation of these Terms.

   2. You will not alter or modify the Platform in any way nor use other technology or means to access the Platform except for the means authorized by Stori, including, without limitation, using no bots, spiders, or other automated means of accessing the Platform.

   3. You may not re-upload Content determined by us to be in violation of these Terms.

9. Payment Terms

   1. If you purchase access to any Works or otherwise pay us for any of Services, you agree to pay us the stated fees for such Works or Services. We reserve the absolute right at any time in our sole discretion to terminate your access to the Works or Services if you fail to pay these fees. For any recurring Services, you agree that we may store, and/or authorize a third party to store (including, without limitation, Apple via the App Store), to store your payment method and continue to bill your payment method to avoid interruptions to your access to the Work or the Services, and to allow you to pay for other Works or Services you may buy.

   2. Subject to your continued compliance with the Terms, Works (including, without limitation, Chapters, as defined in the Content Policy) and Services may be purchased by you on the Platform via Coffee Beans. “Coffee Beans” are virtual currency available for purchase with your debit or credit card and stored as part of your Account. The price and quantity of Coffee Beans you are able to purchase will be communicated to you at the time of sale. 

   3. All sales related to the purchase of Coffee Beans or the uses of such Coffee Beans are final and non-refundable, except as expressly required by applicable law. Coffee Beans have no real-world value but may be exchanged for Works or Chapters; provided that such Works are not purchased by you but rather are licensed to you under these Terms.

   4. All prices, and availability, for Coffee Beans, Works and Services will be set in Stori’s sole and absolute discretion, and may vary over time without notice, consistent with applicable law. You may not buy Coffee Beans from a third party, including, without limitation, via selling Coffee Beans indirectly by selling your Account to any third party. Coffee Beans are non-refundable and non-transferable.

   5. All purchases may be subject to taxes and other fees, including, without limitation, foreign exchange fees or differences in prices based on location (e.g. exchange rates). We may calculate taxes payable by you based on the information that you provide us via your Account or at the time or purchase.

   6. Stori reserves the absolute right, at any time and at our sole discretion, to manage, regulate, control, modify, or eliminate Coffee Beans from your Account, and Stori shall have no liability to you or to any other third party for the exercise of such rights. 

   7. You acknowledge and agree that you will forfeit all Coffee Beans in the event that (a) you terminate or delete your Account, (b) Stori terminates your Account for any reason, or (c) Stori, for any reason, discontinues any applicable portion of the Services related thereto.

   8. You shall have a limited, personal, revocable, non-transferable, non-sublicensable license to use Coffee Beans solely as authorized hereunder. You have no other right, tile, or interest in or to any such Coins appearing on the Platform or in your Account, or otherwise originating through the Services. For clarity, regardless of the consideration offered or paid by you in exchange for Coins, you do not and will not have any ownership rights in the Works obtained with Coins. 

10. User Representations and Warranties

    1. You warrant and represent that:

       1. You accept and agree to abide by all of the Terms contained herein and you represent and warrant that you are not, and will not be, under any disability, or other restriction, which prevents your ability to enter into, perform in accordance thereof, and comply with all of the Terms. You acknowledge that you are at least 18 years of age and you are not permitted to use the Platform if you are under 18 years of age;

       2. all Comments submitted by you, or via your Account, to the Platform comply with these Terms, will be considered non-confidential and non-proprietary, do not infringe on the contractual, intellectual property, privacy, publicity, or other rights of any third party, you have all necessary licenses, rights, consents, and permissions to use all Comments (including, without limitation, the understanding that all costs, expenses, and payments of any kind associated with such clearance are your responsibility), and you otherwise will comply with all applicable laws, rules and regulations regarding your use of the Platform;

       3. you will not, via the Platform or otherwise, cause damage to the Platform or impair the availability or accessibility of the Platform in any way which is fraudulent, unlawful, illegal, or harmful, including, without limitation, modifying, adapting, bypassing, or hacking the Platform to change, de-crypt, interrupt, destroy, or limit the functionality of our, or other users’ computer software, hardware or telecommunications equipment or attempt to gain unauthorized access to our servers or computer system or engage in any activity that interferes with the performance of, or impairs the functionality of, the Platform. Without limiting the foregoing, you must not misuse the Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Platform, the servers on which the Platform is stored or any server, computer or database connected to the Platform. You must not attack the Platform via a denial-of-service attack or a distributed denial-of service attack. Stori will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity and any other relevant information to them;

       4. you will not upload, post, host, or transmit unsolicited correspondence, emails, “spam” messages, worms, or viruses or any code of a destructive nature to the Platform nor contact any other visitor or user of the Platform for any illicit purpose or who has requested not to be contacted; access the Platform through unpermitted means;

       5. you acknowledge and agree that some Works, or other Intellectual Property accessible via the Platform, are subject to restrictions imposed by third party(s), including, without limitation, Stori’s affiliates and other users of the Platform, and your access to applicable Works, or other Intellectual Property accessible via the Platform, may require your consent to additional terms and conditions for the use, access, or viewing, of such Works, or other Intellectual Property accessible via the Platform. You agree that your use of the Platform shall be subject to all of these additional terms and conditions;

       6. you understand that Stori is not responsible for retrieving or providing Works to you for any Works that have been removed or are otherwise no longer available on the Platform, excepting only Works that you have purchased via the Platform, including, without limitation, specifically acknowledging that Stori is not a cloud-based storage website and you are solely responsible for saving backup copies of any Works that you upload to the Platform. For the avoidance of doubt, you acknowledge and agree that Stori shall have no obligation to provide you with backup copies of any of Works you have purchased;

       7. you understand and acknowledge that from time to time Stori may be obliged to remove or otherwise make unavailable Works access to which you have already purchased, and in this case you understand and acknowledge that if your access to such a Work was purchased thirty (30) days or more prior to such Work’s removal, you will not be entitled to a refund;

       8. you understand that Stori is under no obligation to assist, mediate or otherwise become involved in any dispute between you and another user of the Platform or third party;

       9. you will not link to our Platform in a way that is unfair, illegal, is likely to cause damage to our reputation, or suggests our approval or endorsement of you or your Comments when no such approval or endorsement exists. In the event that you do link to the Platform, you must not frame the Platform in any other website or application nor link to any part of the Platform other than to our Website home page;

       10. you understand that the Works and Intellectual Property are not intended to amount to be professional advice on which you should rely and you acknowledge and agree that the Works and Intellectual Property is for your own entertainment and personal enjoyment purposes;

       11. you understand you are responsible for all costs associated with accessing or using the Platform, including, without limitation, any mobile or cellular device fees, and you are responsible for any system software and/or hardware compatibility requirements for use of the Platform;

       12. you agree to not remove any copyright, trademark, or other legal notices that accompany any Works and Intellectual Property accessible via the Platform;

       13. you will keep confidential any correspondence and discussions that you have with Stori concerning disputes regarding your payment and purchase history, or otherwise (including, without limitation, any information you learn in the course of an arbitration or other lawsuit and the amount or existence of any award), or any alleged breach of these Terms by Stori, you, or any third party, without the prior written consent of Stori; and

       14. you may not use the Platform in any other way not expressly stated herein or approved by Stori in writing.

11. Reservation of Rights

    1. We may suspend, withdraw, discontinue, limit, or change all or any part of the Platform, your access to the Platform, and your use of the Platform, without notice, for any reason, with or without cause, at any time, in our sole discretion, including, without limitation, forbidding you access to the Platform, terminating your Account, and ceasing to market, display, and distribute any Comments that you upload to the Platform. For the avoidance of doubt, this could include the immediate forfeiture and destruction of all information associated with your Account. Stori reserves the right, in our sole discretion, to change how we operate at any time for any reason. In the event that your Account is suspended or terminated, Stori shall not be liable to you for your inability to access any Works, purchased or otherwise.

    2. Stori may reclaim any username at any time, which Stori believes, in Stori’s sole discretion, violates any other party’s intellectual property rights, is inactive, or has the potential to mislead or deceive other users of the Platform in any way. In the event Stori reclaims any username, Stori will use reasonable commercial efforts to provide you with notice prior to such reclaiming and you may need to create a new Account to continue using the Platform. Subject to your compliance with all other terms and conditions contained herein, Stori will reasonably assist you in transferring any purchased Works to your new Account.

    3. Stori may, from time to time, use various technologies to verify your compliance with these Terms and you consent to Stori using any monitoring or other technology associated with monitoring your access to the Platform, subject to all terms found in our Privacy Policy.

    4. In the event of any dispute between you and another user of the Platform or other third party, we may, in our sole discretion without any obligation, provide your contact information or Comments, to a complaining party.

    5. Stori explicitly reserves all rights not specifically contemplated herein which relate to the Platform or its business operations.

12. Disclaimers

    1. The Platform is made available “as is”, “as available”, and “with all faults” for the stated purposes herein. Use of the Platform is entirely at your own risk and you should use your best judgment and exercise caution while using the Platform.

    2. Stori does not monitor all Works and Comments found on the Platform, including, without limitation, monitoring any message board or other interactive service, for offensive, indecent, objectionable, obscene, or unlawful Works or Comments, nor represents or implies that we endorse any Works or Comments or make any representations that the Works and Comments are accurate, of sound quality, safe, moral, legal, complete, useful, up-to-date or free from errors or omissions. Views expressed on the Platform do not necessarily represent our views or values.

    3. Stori does not guarantee the availability, delivery, performance, pricing, or punctuality of any Works or other Intellectual Property appearing on the Platform. Without limitation, this includes making no guarantee that any future Episodes of a Work are posted by a writer or publisher in a timely manner, that Works will remain available on the Platform, or the pricing of Coins, Works, or Services.

    4. While Stori strives to provide accurate descriptions of all materials available on the Platform, you understand that the Platform may contain inaccuracies, omissions, and delayed information and Stori does not warrant the description of all materials are complete, error-free, or accurate. Notwithstanding the foregoing, every attempt is made to provide you with complete, error-free, and accurate information.

    5. Stori makes no guarantee that your use of the Platform, and all other features or functionalities associated with the Platform, or delivery or display of the Platform, will be available, uninterrupted, interference free, or error free, or be free from any viruses, worms, or other security intrusions. You are solely responsible for configuring your information technology, computer software, and other technology in order to access the Platform and should use your own virus protection software.

    6. We assume no responsibility for the deletion or failure to store any Comments or other information submitted by you to the Platform, and we expressly do not promise to store or keep any Comments that you have submitted to the Platform. You are solely responsible for saving backup copies of any Comments that you upload to the Platform.

    7. You understand and agree that Stori is not liable for any failure of performance due to any cause beyond its control, including, without limitation, acts of God, fire, explosion, vandalism, terrorism, weather disturbances, national emergencies, riots, wars, labor difficulties, supplier failures, shortages, breaches, action or request by any government, suspension of existing service in compliance with state or federal law, rule, or regulations.

    8. Stori does not verify the identity of its users, including, without limitation, having no built in two-step authentication, and Stori does not guarantee that any user of the Platform is who they claim to be. Stori shall not be liable to you in the event that you encounter another user who is misleading or otherwise lying to you in any capacity. If you know or reasonably suspect that another user is misleading or otherwise lying to you, you may promptly notify us at support@getstori.app with a reasonably detailed, good faith, description of the alleged behavior, including information sufficient for us to identify the complained about user, Content, Intellectual Property, or other issue.

    9. While Stori is committed to protecting your privacy in accordance with applicable laws, regulations, and these Terms, you understand no electronic transmission of information to Stori can be guaranteed to be 100% safe and Stori cannot and does not ensure or warrant the security of any information you transmit to Stori. Nonetheless, Stori believes the measures Stori has implemented reduce the likelihood of security problems to a level appropriate to the type of data involved. You acknowledge all information you transmit to Stori is done at your own peril and may not be confidential. Please see our Privacy Policy for additional information.

    10. In the event that your Content or other intellectual property is infringed upon by a third party, Stori shall have no responsibility or obligation to pursue intellectual property claims against such third party on your behalf. Without limiting the foregoing, this includes Stori having no responsibility to issue intellectual property takedown notices to any third party. Notwithstanding the foregoing, if an intellectual property infringement occurs on the Platform, Stori will takedown such infringing material in accordance with these Terms.

    11. Stori, to the fullest extent permissible by applicable law, disclaims all warranties, expressed or implied, written or oral, arising from a course of dealing, performance, usage of trade, or otherwise, including, without limitation, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and that your use of the Platform will result in sales or other economic benefits for you. Stori explicitly does not warrant that the Platform, Content, or the Intellectual Property will meet your requirements.

13. Limitation of Liability

    1. Notwithstanding anything to the contrary contained herein, Stori shall not be liable to you for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, which are in any way related to the Platform or these Terms, regardless of legal theory (including, without limitation, contract, tort, personal injury, property damage, negligence, warranty, or strict liability), whether or not Stori has been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purposes. If you are dissatisfied with the Platform, or with any of these Terms, or feel Stori has breached these Terms, your sole and exclusive remedy is to discontinue using the Platform. This limitation of liability is part of the basis of the bargain between us.

    2. Without limiting the foregoing, you expressly waive and release Stori, its officers, directors, employees, affiliates, subcontractors and assigns, from any claims or damages of any kind arising out of or in any way connected to the use of the Platform, including, without limitation, any fraud; data, Content, Intellectual Property, or other proprietary material loss; disclosure of personal information; damages caused by malicious software or other technologically harmful material; any inaccurate information or objectionable conduct on the Platform; the availability of any Works; any offensive, indecent, objectionable, obscene, or unlawful Content; any alleged violation of your right of privacy or publicity; infringement of your intellectual property by third parties; and any other breach of the Terms by you, of any nature whatsoever, or other breach beyond our control, regardless of legal theory, including, without limitation, contract, tort, negligence, warranty, or strict liability.

    3. If you are a resident of the State of California, you hereby acknowledge and agree that you fully understand, and waive California Civil Code §1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

    4. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PLATFORM IS TO STOP USING THE PLATFORM. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN STORI WRITING AND YOU IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN STORI WRITING AND YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, STORI WRITING’S AGGREGATE LIABILITY ARISING OUT OF A BREACH OF THESE TERMS AND/OR YOUR USE OF THE PLATFORM WILL NOT EXCEED, IN THE AGGREGATE AMOUNT FOR ALL CLAIMS, ONE THOUSAND DOLLARS ($1,000.00 USD).

    5. Indemnification

    6. Notwithstanding anything to the contrary contained herein, nor in any way limiting or impacting the releases or limitations of liabilities stated in these Terms, you agree to indemnify Stori, including its members, managers, directors, officers, employees, contractors, suppliers, vendors, affiliates, subsidiaries, successors, literary publishing partners (including but not limited to publishing companies that may be providing Works), agents, attorneys, contractors and licensors (collectively, the “Indemnitees”) against all claims, actions, suits, and other proceedings arising out of or incurred in connection with these Terms, including, without limitation: (i) your use or misuse of the Platform in any direct or indirect capacity; (ii) your breach or alleged breach of the Terms hereunder; (ii) your infringement of any third party intellectual property rights; and (iv) any use of your Account (collectively, the “Claims”). You shall indemnify and hold the Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and legal costs) arising out of or incurred in connection with such Claims. FOR THE AVOIDANCE OF DOUBT, THIS MEANS YOU WILL BE RESPONSIBLE FOR ANY LOSS OR DAMAGE WE SUFFER AS A RESULT OF ANY SUCH BREACHES.

    7. This indemnification obligation shall survive these Terms and your use of the Platform.

    8. Stori reserves the right to take over the exclusive defense of Claims for which Stori is entitled to indemnification, and in such event, you shall provide prompt and reasonable cooperation to Stori at your own expense.

    9. Contests and Sweepstakes

    10. In addition to these Terms, sweepstakes, contests, or other promotions (each, a “Promotion”) made available by Stori through the Platform, or otherwise may have specific rules that are different from these Terms. By participating in a Promotion, you agree to and will become subject to those additional terms and conditions, which will be provided to you when a Promotion is offered. Stori urges you to review all rules before you participate in any Promotion. The rules of a specific Promotion will take priority over these Terms in the event of any conflict of the language with a given Promotion.

14. Infringement of Intellectual Property Rights/ DMCA

    1. Stori respects the intellectual property rights of others and desires to offer a Platform that contains no material that violates the intellectual property rights of others. Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), among other intellectual property laws, Stori has instituted procedures for receiving written notification of claimed intellectual property infringements. If you believe in good faith that your intellectual property rights have been infringed through use on the Platform, you may notify us by email at: support@getstori.app with “Notice of Infringement” in the subject line, which contains:

    2. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright (or other intellectual property) interest;

    3. A description of the copyrighted work (or other intellectual property interest) that you claim has been infringed;

    4. A description specifying the location on the Platform of the material that you claim is infringing;

    5. Your email address and your mailing address and/or telephone number;

    6. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright (or other intellectual property) owner, its agent, or the law; and

    7. A statement by you made under penalty of perjury, that the information in your notice is accurate and that you are the copyright (or other intellectual property) owner or authorized to act on the copyright (or other intellectual property) owner’s behalf.

    8. Stori’s copyright agent for notice of claims of copyright infringement on the Website can be reached as follows: support@getstori.ap.

    9. If you believe that a notice of intellectual property infringement has been improperly submitted against you, you may submit a counter-notice to Stori, including, without limitation, pursuant to Sections 512(g) of the Digital Millennium Copyright Act. Your counter- notice must be sent to us by email at: support@getstori.app with “Counter-Notice of Infringement” in the subject line (due to the timeliness of responding to intellectual property infringement notices, we require email notice of all counter-notices) which contains:

    10. Your physical or electronic signature;

    11. Identification of the material removed or to which access has been disabled;

    12. A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified; and

    13. Your full name, your email address, your mailing address, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in the State of New York, if your address is located outside the United States, and that you will accept service of process from the complainant submitting the notice or his/her authorized agent.

    14. Any notice or counter-notice you submit pursuant to the foregoing must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice. Notwithstanding anything to the contrary stated herein, please note that whether or not Stori disables access to or removes any materials pursuant to the foregoing, Stori may disclose your identity to any third party who has alleged a violation of intellectual property rights hereunder, or supplied us with a counter-notice, as well as disclose the contents of any notice of counter-notice. You acknowledge and agree that any disclosures by us pursuant to the foregoing shall not violate any of your rights, including, without limitation, any rights of privacy that you may have.

    15. Please be advised the foregoing procedures are solely for alleged intellectual property infringements, and for all other issues that you may have with the Platform, please contact Stori via email at: support@getstori.app.

15. Interpretation

    1. These Terms represent the entire understanding between Stori and you, superseding all prior agreements (including previous versions of the Terms), whether oral or written, with respect to your use of the Stori and all other subject matter contained herein. The Terms shall be binding upon and inure to the benefit of Stori and your respective assigns, successors, heirs, and legal representatives. The Terms cannot be modified or amended, except as expressly provided for herein. The Terms are personal to you and are not assignable, transferable, or sublicensable by you except with Stori’s prior written consent. Stori may freely assign these Terms. If any part of the Terms is deemed by a court of law to be void, voidable, illegal, or unenforceable, the remainder of the Terms will remain in full effect as if such void, voidable, illegal, or unenforceable part had not existed. The waiver by either party hereto of a breach of any of the provisions of the Terms by the other party hereto shall not be construed as a waiver by the non-breaching party of any subsequent breach by the breaching party. Headings are inserted for convenience only and are not intended to be part of or to affect the meaning or interpretation of the Terms. All provisions of these Terms, which by their nature should survive termination or expiration, shall survive termination or expiration, including, without limitation, provisions relating to intellectual property rights, warranty disclaimers, indemnity and limitations of liability.

16. Choice of Law

    1. You consent and agree that: (i) the Terms will be exclusively governed by the laws of California applicable to contracts entered into and performed within California and notwithstanding any conflict of law principles; (ii) you accept service of process by personal delivery or mail; and (iii) you irrevocably waive the right to trial by jury and/or to participate in a class or representative action, and any jurisdictional and venue defenses otherwise available, excepting only that you and Stori may agree in writing that an arbitrator or judge, as applicable pursuant to these Terms, may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. Any dispute arising in connection with or relating in any way to these Terms or to your relationship with Stori to the Terms shall be exclusively resolved and heard in San Francisco County, California.

    2. Any alleged claim or cause of action you may have with respect to your use of the Platform must be commenced within one (1) year after the alleged claim or cause of action arises. All rights and remedies are cumulative and shall in no way affect any remedy available to either party under equity or law. You agree that any violation of the breach of the Terms by you will result in irreparable harm to Stori that monetary damages may be inadequate, and you hereby agree Stori shall be entitled to seek injunctive relief.

    3. You and Stori agree that any dispute, claim, or controversy between you and Stori arising in connection with or relating in any way to these Terms or to your relationship with Stori (whether based in contract, tort, fraud, misrepresentation, or any other legal theory, and regardless if the claims arise during or after the termination of the Terms) will be determined by mandatory binding arbitration. Notwithstanding the foregoing, arbitration may be waived by the mutual written agreement of the parties. In the event this mandatory arbitration provision is invalidated, in whole or in part, by an authority of competent jurisdiction, the parties agree that the exclusive jurisdiction and venue for any such dispute, claim, or controversy related to these Terms shall be exclusively governed by the choice of law provisions contained in section 18.1 herein.

    4. Any arbitration between you and Stori will take place under arbitration rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by the arbitration provisions herein, and the Federal Arbitration Act governs the interpretation and enforcement of these arbitration policies. The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org. You and Stori agree that the arbitrator shall have the power to rule on any objections with respect to the existence, scope, or validity of the arbitration provisions contained herein or to the arbitrability of any claim or counterclaim. The arbitrator must follow these terms and has the power to award the same damages and relief as a court could award (including reasonable attorney fees, as and when specified herein), except that the arbitrator may not award you any declaratory or injunctive relief, unless otherwise explicitly permitted herein. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.

    5. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, or in the event that you have an email address on file as part of your Account, by electronic mail (“Arbitration Notice”). Stori’s address for Arbitration Notice is: 221 Clara Street, Unit 10, San Francisco, CA 94107. The Arbitration Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. Each party hereto agrees to use good faith efforts to resolve the claim directly, but if we are unable to reach an agreement to do so within thirty (30) days after the Arbitration Notice is received, you or Stori may commence an arbitration proceeding.

    6. Notwithstanding the foregoing, the mandatory arbitration referred to herein shall not apply to users:

    7. outside the United States; and

    8. provided an arbiter or court (if applicable) decides that applicable law precludes enforcement of any of arbitration provisions herein to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, in accordance with all choice of law provisions contained herein.

    9. Nothing herein shall be deemed to preclude you from bringing issues to the attention of federal, state, or local agencies.

    10. Notices

    11. All legal notices pursuant to the Terms shall be in writing and shall be given by email to Stori at: support@getstori.app. By using the Platform, you agree that any notice due under the Terms that Stori sends you electronically will satisfy any legal communication or notification. You agree to keep all of your contact information contained in your Account up to date, and we are not responsible in the event you fail to keep your Account or contact information up to date.

17. International Use

    1. The Platform is directed to, and is for use by, only users in the United States. We make no promise that Platform, Works, or otherwise provided for herein are appropriate or available for use in locations outside the United States and accessing the Platform, Works, or otherwise provided for herein from territories where its contents are illegal or unlawful is prohibited, including, without limitation, certain restrictions to possessing Works in other jurisdictions. If you choose to access the Platforms from locations outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Also, if you use the Platform outside of the United States, please be aware that any information Stori collects may be transferred to, stored, and/or processed in the United States, please see our Privacy Policy for more information.

18. Contact Information

    1. If you have any questions, concerns, or comments about our Terms of Service, you may contact us at: support@getstori.app