Terms of Service
Effective date 6/19/2014 (Last modified 6/19/2014)
These Terms of Service ("Agreement") sets forth a legally binding agreement between you and Graph Story, Inc., a Tennessee Corporation ("Graph Story"). This web site or application, including any software (including without limitation software, code, files and images contained in or generated by the software, accompanying data, and other embedded software), documentation, and any accompanying fonts (collectively, the "Platform") is provided pursuant to this Agreement. By accessing the Platform in any way, including without limitation browsing the Platform, using any information, and/or submitting information to Graph Story, you agree to and are bound by the terms and conditions contained and referenced in this Agreement, including without limitation disclaimers of warranties, exclusions and limitations of damages and remedies, and a choice of Tennessee law.
Please read this Agreement carefully before using the Platform. If you do not agree to the terms contained in this Agreement, then you may not use the Platform. You acknowledge that you have read and agree to be bound by this Agreement and to comply with all applicable laws, regulations and/or rules with regard to your use of the Platform. You represent that you have the legal authority to bind yourself or any party you represent to this Agreement.
From time to time Graph Story may update the Platform and this Agreement. Your use of the Platform after Graph Story posts any changes to this Agreement constitutes your agreement to those changes. You agree to review this Agreement periodically to ensure that you are familiar with the most recent version. Graph Story, in its sole discretion and at any time, may discontinue the Platform or any part thereof, with or without notice, or may prevent your use of the Platform with or without notice to you. You agree that you do not have any rights in the Platform and Graph Story will have no liability to you if the Platform is discontinued or your ability to access the Platform is terminated. You further agree that Graph Story will not be liable for any modification or suspension of the Platform.
YOU MAY NOT USE THE PLATFORM FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT. YOUR ACCESS TO THE PLATFORM MAY BE TERMINATED IMMEDIATELY IN GRAPH STORY'S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.
Beta Version of the Platform
Graph Story is offering the Platform as an open beta version (the "Beta Version") for the purpose of testing and evaluation. You agree that Graph Story has the sole authority and discretion to determine the period of time for testing and evaluation of the Beta Version. Graph Story will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Version as a commercial version. You will be under no obligation to acquire a license to use any commercial version of the Platform as a result of your license to use the Beta Version. Graph Story reserves the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, the Beta Version with or without notice to you. You agree that Graph Story will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any the Beta Version for any reason.
Grant of License
The Platform is licensed to you by Graph Story subject to the terms of this Agreement. Except for the license granted herein, neither title nor any intellectual property rights are transferred to you but rather remain with Graph Story or its licensors. Graph Story and its licensors reserve all rights not expressly granted to you. The rights granted herein are non-transferable and may not be sublicensed. This Agreement does not grant you any rights to use Graph Story proprietary interfaces and other intellectual property in the design, development, manufacture, licensing, or distribution of third-party services, web sites, applications, software, devices or accessories for use with the Platform. Any use of the Platform in any manner not allowed under this Agreement is prohibited. This Agreement does not entitle you to receive and does not obligate Graph Story to provide documentation, support, telephone assistance, or enhancements or updates to the Platform. You may not modify, alter, copy, publicly display or perform, distribute, or create derivative works from, the Platform.
Your rights under this Agreement will terminate automatically without notice from Graph Story if you fail to comply with any term or condition of this Agreement. Upon the termination of this Agreement, you shall cease all use of the Platform and delete all copies of the Platform from all devices or computers on which you are using or installed the Platform.
Graph Story Content
The Platform and any services performed, provided, or enabled by or through the Platform, and all the information, communications, scripting, photos, text, video, graphics, music, sounds, images, trademarks, logos, product and program names, and other materials and compilations of the foregoing, that may be provided to you via the Platform (collectively "Content") by Graph Story or its content providers are the property of Graph Story and its content providers and are protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. All Content is intended for the lawful use by registered users (as applicable) of the Platform. You warrant that you will use the Platform and Content only for the purposes permitted herein, that all information you submit will be accurate and otherwise comply with this Agreement, and that you will notify Graph Story promptly if any of your information changes. Graph Story makes no representation that the Platform or Content are appropriate or available for use in particular locations.
You agree not to download, display, or use any Content in any manner that is likely to cause confusion among consumers, that disparages or discredits Graph Story and/or its licensors, that dilutes the strength of Graph Story's or its licensors' property, or that otherwise infringes Graph Story's or its licensors' intellectual property rights.
Accounts, Security, Passwords
Certain areas of the Platform may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Platform.
Where the Platform requires you to open an account or otherwise submit information, you must complete the specified process by providing Graph Story with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify Graph Story immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, PIN, or other information that provides you access to the Platform. Graph Story is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
Use of the Platform
The following requirements apply to your use of the Platform:
- You will not use any feature of the Platform for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful.
- You will not use the Platform for any commercial purpose not expressly approved by Graph Story in writing.
- You will not upload or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
- You will not rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Platform or any features or functionality of the Platform, to any third party for any reason, including by making the Platform available on a network where it is capable of being accessed by more than one device at any time.
- You will not remove, delete, alter or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Platform, including any copy thereof.
Except as (and only to the extent) permitted by applicable law, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Platform or any part thereof. Any attempt to do so is a violation of the rights of Graph Story and its licensors of the Platform. If you breach this restriction, you may be subject to prosecution and damages.
Intellectual Property Ownership
There may be trademarks, logos, service marks, slogans, product names, designations, and other proprietary indicia (collectively "Trademarks") used in the Platform and in the Content. By making these Trademarks available through the Platform and in the Content, Graph Story is not granting you a license to use them in any fashion, and you are not granted any license under any of Graph Story's or any third party's Trademarks or other intellectual property rights, except as specifically set forth in this Agreement. No Graph Story Trademarks may be used as a username, icon, identifier, hyperlink, or in any other manner without Graph Story's prior written permission.
The Platform, the Content, and the selection, coordination, and arrangement thereof, is owned either by Graph Story, or its respective licensors. The unauthorized copying, displaying, selling, distributing, or other use of any Content or Platform is a violation of the law.
Representations, Disclaimer of Warranties, and Limitations of Liability
Graph Story and its parents, subsidiaries, and contractors and each of their
respective directors, officers, employees, and agents (collectively, "Graph
Story Affiliates") make no representation or warranty whatsoever regarding the
completeness, accuracy, timeliness, or adequacy of any information, facts,
views, opinions, statements, or recommendations contained on the Platform.
Reference to any product, process, publication, or service of any third party
by trade name, domain name, trademark, service mark, logo, manufacturer, or
otherwise does not constitute or imply its endorsement or recommendation by
Graph Story or the Graph Story Affiliates.
The Internet may be subject to breaches of security. Graph Story and the Graph Story Affiliates are not responsible for any resulting damage to any user or a user's device or computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure, or any other technical or other malfunction. You should also be aware that e-mail and other submissions over the Internet may not be secure, and you should consider this before e-mailing Graph Story or the Graph Story Affiliates any information or posting information to the Platform. Graph Story and the Graph Story Affiliates make no representation or warranty whatsoever regarding the suitability, functionality, performance, availability, or operation of the Platform. The Platform may be temporarily unavailable due to maintenance or malfunction of computer equipment.
THE PLATFORM (INCLUDING ALL APPLICATION PLATFORM UPDATES) AND THE CONTENT ARE MADE AVAILABLE ON AN "AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. GRAPH STORY AND THE GRAPH STORY AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO THE PLATFORM AND THE CONTENT. GRAPH STORY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED, PROVIDED OR ENABLED BY OR THROUGH THE PLATFORM (INCLUDING ANY APPLICATION PLATFORM UPDATES) WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PLATFORM, (INCLUDING ANY APPLICATION PLATFORM UPDATES) WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PLATFORM (INCLUDING ANY APPLICATION PLATFORM UPDATES) WILL BE CORRECTED. No oral or written information or advice given by Graph Story or an authorized representative shall be deemed to alter this disclaimer of warranty, or to create any warranty. Should the Platform prove defective, you assume the entire cost of all necessary servicing, repair or correction.
YOU AGREE THAT GRAPH STORY AND THE GRAPH STORY AFFILIATES ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM, EVEN IF GRAPH STORY OR THE GRAPH STORY AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
BY ACCESSING THE PLATFORM, REGISTERING WITH THE PLATFORM, AND/OR ACCEPTING ANY INFORMATION FROM THE PLATFORM YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD GRAPH STORY AND THE GRAPH STORY AFFILIATES HARMLESS FROM AND AGAINST ANY ACTUAL OR ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE (INCLUDING REASONABLE ATTORNEYS' FEES AND COURT COSTS) ARISING OUT OF OR RELATING TO (A) YOUR BREACH OF THIS AGREEMENT, (B) YOUR VIOLATION OF ANY LOCAL, STATE, FEDERAL, OR INTERNATIONAL LAW, RULE, OR REGULATION, (C) ANY MISREPRESENTATION MADE BY YOU, (D) THE THEFT, MISAPPROPRIATION, OR DISCLOSURE OF YOUR USERNAME/PASSWORD/PIN, (E) YOUR AUTHORIZATION OF ANYONE ELSE TO USE YOUR PASSWORD. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN GRAPH STORY'S DEFENSE OF ANY CLAIM. GRAPH STORY RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY MATTER WITHOUT THE WRITTEN CONSENT OF GRAPH STORY.
Mobile Service, Internet and Service Fees
[The use of the Platform may require use of a mobile device, phone service, and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the Platform, including without limitation administrative messages, service announcements, and diagnostic data reports, with Graph Story, your mobile carrier, or third party service providers.
The Platform may not work with all devices or all mobile carriers. Graph Story makes no representations that the Platform will be compatible with all mobile carriers. In the event that fees are charged for the Platform, or other third party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.
The information in any Platform message may be subject to certain time lags and/or delays.]
Links to Third-Party Websites, Applications, and Services
The Platform may provide connectivity or links to other third-party services, web sites, applications, software, and other content from third-party providers such as social media partners, wireless carriers, and third-party software application developers ("Third-Party Services"). [The Platform may allow you to add/configure certain Third-Party Services to your device.] Graph Story has no control over, and makes no representations or warranties whatsoever about, any of the Third-Party Services that you may access, is not responsible for the availability of such Third-Party Services, and does not endorse nor is responsible or liable for any content or other materials on or available from such Third-Party Services. Your use of the Third-Party Services may be subject to additional terms, including software license terms, of those third parties.
Users who utilize the Third-Party Services should be aware that account and other personal information held by those third parties may be transmitted through and stored on Graph Story servers and/or applications located in the United States and elsewhere. You understand and agree that the companies that provide the Third-Party Services may access, use, and share certain information about you if you use the Third-Party Services. You understand and agree Graph Story is not responsible for these companies or their use of any other of your information. Your use of the Third-Party Services is at your own risk.
Graph Story may assign this Agreement in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use all or any part of the Platform. To the extent that you allow a third party to use your device, you shall remain solely responsible for the use of the Platform by others using the device.
You also may be subject to additional terms and conditions (including without limitation terms and conditions from your wireless carrier or operator) that may apply to your use of the Platform. If any provision of this Agreement is held to be invalid by any law, rule, order, or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of this Agreement. The failure of Graph Story to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
By using the Platform, you agree that the statutes and laws of the United States and the State of Tennessee (without regard to conflicts of laws principles) will apply to all matters relating to use of the Platform and the Services, and you agree that any litigation shall be subject to the exclusive jurisdiction of the state or federal courts in Shelby County, Tennessee, USA. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred. You further agree that any disputes, claims, and causes of action arising out of or connected with the Platform and/or this Agreement will be resolved individually, without resort to any form of class action. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
In the event of a complaint or concern regarding this Agreement or the Platform, or for more information, please contact Graph Story at email@example.com.