StoryTagzTerms and Conditions of Use

Introduction and Purpose of this Site

Thank you for visiting StoryTagz.com, a website owned and operated by Heritage Locker, LLC dba StoryTagz (“StoryTagz”).  Please read these Terms and Conditions carefully because they govern your use of and access to this site. 

The purpose of this site is to give parents, grandparents, and all family members an opportunity to “weeve” a legacy for your children, grandchildren, and posterity.  StoryTagz provides a safe and secure way to capture your individual and family stories and to share them with those whom you choose.  We do so by allowing you to upload photos, video, audio, text, and other content to your StoryTagz account through a variety of means—webcam, microphone, speech-to-text, typing, and existing files.  However you choose to weeve, your story will be memorable and easy to recall.

By using or accessing this site, you accept and agree toabide by all of these Terms and Conditions as well as StoryTagz’s Privacy Policy, which is incorporated by reference herein.  These Terms and Conditions apply to all use of and access to any text, graphics, information, documents, web pages, software, code, metadata, and other content that make up this website ("Content"), including all Content authored by StoryTagz (“StoryTagz Content”) and all Content submitted, posted, or displayed by you or other users (“User Content”).If you do not agree to all of these Terms and Conditions or StoryTagz’s Privacy Policy, then you may not use or access this site.

Proper Use of this Site

In accessing and using with this site, you are required to take steps to ensure that User Content submitted by you, your activities on this site, and your interactions with other users are proper and authorized.  Any use of this site for any purpose not expressly authorized by StoryTagz is strictly prohibited. StoryTagz, in its sole discretion, may determine which uses of this site constitute Unauthorized Uses. We may take any appropriate action in response to Unauthorized Uses of this site, including but not limited to removing, suspending, or blocking access to anyone who uses, accesses, or registers with this site. “Unauthorized Uses” of this site include, but are not limited to, the following:

  1. Using, accessing, or viewing this site for any purpose other than your own personal or family use;
  2. Using, accessing, or viewing this site through someone’s membership account other than your own, or obtaining someone’s login information without their permission;
  3. Using, accessing, or viewing this website for any purpose that is competitive with StoryTagz or that is otherwise harmful to StoryTagz or other users of this website;
  4. Providing, sharing, or posting any User Content or other information, which, in StoryTagz’s determination and in its sole discretion, is “Improper,” which includes but is not limited to Content and other information, which:
    1. is false, misleading, or fraudulent, or that impersonates anyone;
    2. is defamatory, inflammatory, threatening, abusive, intimidating, harassing,or rude;
    3. is pornographic, obscene, lewd, indecent, excessively violent or vulgar, or otherwise objectionable or illegal;
    4. constitutes personal information of any third party, which you are not authorized to disclose, or which otherwise violates anyone’s right of privacy or publicity, or any privacy law;
    5. infringes any person or entity’s patent, trademark, copyright, or other intellectual property, or that constitutes false advertising or unfair competition; or
    6. you do not have the legal right to disclose or make available, including withoutlimitation trade secrets, proprietary or confidential information, or insider information;
  5. Exploiting this website for or in connection with soliciting any business activity involving third party product or service not from StoryTagz, including recruitment, marketing, advertising, or the sale, of any such third party product or service;
  6. Copying, reproducing, publishing, broadcasting, modifying, or creating any derivative work of any StoryTagz Content or any User Content not submitted by you, without authorization.
  7. Using this website in violation of any national, state, or local law or in violation of any legal duty owing to StoryTagz or any third party arising under contract or tort;
  8. Using spiders, robots, data-mining techniques or other automated technologies to download, store, reproduce, or distribute content available on this website;
  9. Reverse engineering, decompiling, or altering any code, tools, or other material on this site.
  10. Using any virus, malware, or other computer code designed to disrupt, limit, destroy, or otherwise modify or harm the functionality or appearance of this website;
  11. Violating any part of StoryTagz's Privacy Policy; and
  12. Violating any part of these Terms and Conditions.

Registration as a StoryTagz Member

To access or use the services provided by us through this site, you must register as a StoryTagzMember.  If you are under the age of 13, you must not register with or use this site. 

Each Member’s access to the content on this site is controlled by the Member’s email address (or username) and password. You agree not to share your password with anyone. You must use a password that is memorable and secure. If you know or have reason to believe that a third partyknows your password, you must change your password in your account settings. You are solely responsible for all activities that occur under your account and password, including any unauthorized use thereof.

At all times, you must maintain accurate and up-to-date information in your Member profile, including, at a minimum, your name, physical address, and a valid email address. StoryTagz’s collection and use of this information is governed by StoryTagz’s Privacy Policy.

By registering as a Member, you expressly represent and agree that you will not use your membership for any of the Unauthorized Uses listed above.  You also acknowledge and agree that StoryTagz (a) assumes no responsibility and shall not be liable for Members’ statements and conduct with respect to each other, this site, and otherwise; (b) has no control over Members’ conduct or Members’ relationships, agreements, conduct, or contact with each other or any third party; and (c) has no obligation to conduct its own independent investigation or inquiry regarding Members or their activities.

Membership Billing

Certain memberships require payment of monthly membership fees, which are processed via credit card.  Our membership rates are set forth on our site, and are payable on a monthly basis prior to using or accessing the site for a given month. You agree to pay all applicable fees for your membership and use of this site, plus any applicable taxes or charges as may be required, when they become due and payable. All fees and charges are payable in advance and are non-refundable, even after cancellation.

To sign up for a subscription requiring a monthly membership fee, you must provide us with valid credit card and payment information, including (i) the credit card type, (ii) your name as it appears on the card, (iii) your credit card number and security code, and (iv) the date of expiration. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience, but within thirty (30) days of credit card authorization.

YOU REPRESENT AND WARRANT THAT (I) THE CREDIT CARD INFORMATION YOU SUPPLY TO US IS ACCURATE AND COMPLETE; (II) PAYMENTS MADE YOU BY WILL BE HONORED BY YOUR CREDIT CARD COMPANY; AND (III) YOU WILL PAY ALL CHARGES INCURRED BY YOU.

You hereby represent, warrant that you have not used and will not use any credit card or other form of payment for a transaction on this site unless you have all necessary and legally required authorization to do so. We shall not be liable in the event your children or others acting with or without your permission use your credit card to make purchases on the site; however you may report any unauthorized payments to us, and we will undertake reasonable measures within our control to help prevent future unauthorized use of your card.

Cancellation and Suspension of Membership

You may choose to cancel your membership at any time by logging into your account and choosing the option to cancel your membership and/or subscription. Also, failure to pay any required monthly fees or other charges, or failure to abide by these Terms and Conditions or our Privacy Policy also may result in cancellation or suspension of your membership, in StoryTagz’s sole discretion.  In the event of any cancellation or suspension, there will be no refunds of monthly fees already paid. 

Copyrights and Trademarks and other Intellectual Property

© 2015StoryTagz. By accessing, viewing, or using this website, you agree to abide by U.S. and international copyright law and all other applicable laws. StoryTagz owns the copyright in all StoryTagzContent, unless otherwise indicated. You may not copy, reproduce, alter, modify, or create derivative works of any StoryTagzContentin any format or media, withoutStoryTagz's express prior written permission from StoryTagz.  You may not copy, reproduce, alter, modify, or create derivative works of any third-party User Content in any format or media, without express prior written permission from the owner of such User Content.

StoryTagz claims no ownership or control over any User Content submitted, posted, or displayed by you or a third party on or through this website.  By submitting, posting, or displaying User Content, you represent and warrant that you have the appropriate copyright and other intellectual property rights necessary to do so, either directly or through a proper license from the relevant third-party.  You (or a third-party, as applicable) retain all copyright and other intellectual property rights to any User Content that you submit, post, or display on or through this website, and you are solely responsible for protecting and enforcing those rights.

By submitting, posting, or displaying User Content on or through this site, you grant StoryTagz a perpetual, worldwide, non-exclusive, royalty-free license to reproduce, publish, transmit, display, and distribute such User Content on this site for the purposes for which you submitted it.  StoryTagz reserves the right to refuse to accept, reject, post, display, maintain, store, or transmit any User Content in StoryTagz’s sole discretion.

STORYTAGZ™, the StoryTagz Logo, and our other logos and marks appearing on this site are trademarks or registered trademarks of StoryTagz.All other marks belong to their respective owners.Nothing contained herein shall be construed as granting any license or other right to use or exploit any patent, copyright, trademark, or other intellectual property right of StoryTagz, or any third party.StoryTagz will take all necessary steps to enforce its intellectual property rights to the fullest extent of the law.

Digital Millennium Copyright Act Policy

StoryTagz follows the requirements of the Digital Millennium Copyright Act (“DMCA”) in responding to proper claims that Content available on this web site infringes a valid copyright. StoryTagzreserves the right to respond to a notice of claimed infringement (“NOCI”) only if it complies with the DMCA and other applicable laws. A valid NOCImust be in writing, must be sent to the address listed below under “Contact Information,” and must contain the following:

1.                   Your name and contact information (preferably an email address);

2.                   A sufficient description of the copyrighted work that allegedly has been infringed;

3.                   A thorough description of the Content you claim is infringing such copyrighted work, including the URL of the web page containing the allegedly infringing Content or how it was accessed or viewed;

4.                   Information sufficient to identify and notify the person who posted, submitted, or displayed the allegedly infringing content (preferably an email address), if possible;

5.                   The following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”;

6.                   The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."; and

7.                   Your signature.

Upon receipt of a proper NOCI, StoryTagz will act expeditiously to remove or disable the allegedly infringing content. Within its sole discretion, StoryTagz may terminate or block any Members or other users allegedly infringing the copyright rights of any third party. If StoryTagz removes or disables access to Content, or terminates or blocks a Member or other user, in response to a NOCI, StoryTagz will take reasonable steps to contact the person who posted, submitted, or displayed such content to allow such person an opportunity to respond by submitting a counter notification, pursuant to sections 512(g)(2) and (3) of the DMCA. When we receive a counter notification, within our sole discretion, we may reinstate or unblock the Content or user in question. In appropriate circumstances, StoryTagz will terminate repeat infringers.

Good Samaritan Third-Party Content Policy

StoryTagz’s policy is not to allow any Improper Content, as defined above, including, for example, Content that we deem to be defamatory or that infringes or misappropriates intellectual property rights or violates federal, state, or local law.  Nonetheless, StoryTagz reserves all rights afforded to it under Section 230 of the Communications Decency Act and other applicable laws.  In appropriate circumstances, StoryTagzmay terminate the Membership of and/or access to this site by any repeat violators of this policy.  If you believe that someone has posted Content that violates your rights (other than cases of copyright infringement, addressed above), you may send a written complaint to the address listed below under “Contact Information.”Your complaint must contain the following information:

1.                   Your name and contact information (preferably an email address);

2.                   The nature of the right violated (including the registration numbers of any registered trademarks or patents allegedly infringed);

3.                   A thorough description of the Content you claim is in violation of your rights, including the URL of the web page containing the suchContent or how it was accessed or viewed;

4.                   All facts which lead you to believe that your rights have been infringed or violated;

5.                   Any grounds to believe that the person who posted the allegedly offending Content was not authorized to do so or had no valid defense (including the defense of fair use); and

6.                   If known, the identity and contact information (preferably an email address) of the person or persons who posted the infringing Content.

StoryTagz has the right but not the obligation, contractual or otherwise, to investigate any such complaint received and to undertake, or to refrain from undertaking, any particular course of conduct as a result of such complaint.  By submitting such complaint to StoryTagz, you agree that any representation therein is made under penalty of perjury; you agree to indemnify and to hold StoryTagz harmless for any claims, damages, or other losses incurred as a result of your complaint; and you waive any and all claims or remedies which you might otherwise be able to assert against StoryTagz under any theory of law, including without limitation intellectual property laws, which arise out of or relate in any way to any Content, or StoryTagz’s response or failure to respond to your complaint.

Unsolicited Idea Submission Policy

StoryTagz does not accept any unsolicited ideas, suggestions, or other materials regarding any new or improved products, services, technologies, processes, marketing, business plans, any names or marks, or other proprietary issues related to our business (“Unsolicited Ideas”). To avoid any misunderstanding that any StoryTagz product, service, or other work created by StoryTagz may be the same as or similar to Unsolicited Ideas submitted to StoryTagz, you agree not to submit any Unsolicited Ideas to StoryTagz or any of its employees or agents either through this website or otherwise.

If, despite our policy, you do submit Unsolicited Ideas to StoryTagz, then regardless of the content of such submissions, and notwithstanding any rights that you may have or may claim in such Unsolicited Ideas, you agree that (1) StoryTagz shall automatically and exclusively own all rights in and to such submissions; (2) StoryTagz may copy, distribute, and otherwise use such submissions for any purpose and in any way; (3) StoryTagz has no obligation to review or consider such submissions; (4) StoryTagz has no obligation to keep any submissions confidential; and (5) you are not entitled to any royalty or other compensation from StoryTagz for such submissions.

Independent of this Unsolicited Ideas Submission Policy, StoryTagz does welcome your feedback regarding this website or the services that we provide.  We encourage you to send us comments through the contact information below.

Notices

You agree that we may send you notices—including legal notices, notices regarding these Terms and Conditions or our Privacy Policy, and other notices—to the current email address listed in your Member Profile. You also agree that our sending of such a notice constitutes constructive notice to you of the information contained therein and satisfies any legal requirement that such communications be in writing, regardless of whether you do not receive such notice based on any condition not caused by StoryTagz or its agents, including without limitation your providing an incorrect email address.

Accuracy of Website

StoryTagz makes no representation or guarantee and assumes no legal liability or responsibility for the currency, accuracy, quality, or completeness of the Content or any information contains on this site.  Reasonable efforts are taken to ensure the accuracy and integrity of all information provided on this site; however StoryTagz is not responsible for broken links, out-of-date information, or other errors. By using this website, you assume the risk that the Content on this website may be inaccurate, incomplete, not up-to-date, or otherwise not meet your needs or requirements.All Content and information on this website are subject to change without notice.

Disclaimer of Warranty

THE CONTENT IS PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. YOUR ACCESS TO AND USE OF THIS SITE AND ANY CONTENT OR INFORMATION FOUND HEREIN ARE ENTIRELY AT YOUR OWN RISK.STORYTAGZ SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY,and non-infringement, WITH RESPECT TO SUCH INFORMATION AND CONTENT.

Release and Waiver of Liability

YOU AGREE THAT IN NO EVENT WILL STORYTAGZ BE LIABLE, AND YOU HEREBY RELEASE STORYTAGZ FROM ANY LIABILITY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, AND ANY OTHER KIND OF DAMAGES SUSTAINED AS A RESULT OF YOUR USE, INTENDED USE, FORWARDING, OR COPYING OF THIS WEBSITE OR THE CONTENT, EVEN IF STORYTAGZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to indemnify and hold harmless StoryTagz fROM AND AGAINST any liability, damages, losses, and costs of any kind, (including without limitation reasonable attorneys' fees) related to third-party claims, charges, complaints, or investigations, caused by your failure to comply with these Terms and Conditions or any other activity in which you engage through this website or any email or other online communication or service provided by StoryTagz.

Links to Third-Party Websites

Certain links on this website may lead to resources or content located on servers that are not maintained by StoryTagz or under its control. StoryTagz makes no claim, warranty, or representation regarding, and is not responsible for, the quality, content, nature, accessibility, or reliability of any such linked third-party website and the information, products, and services found on such third-party website or any link contained on such site.

No Endorsement

The inclusion on this website of any link to another website, or any reference to any third-party product or service by trade name, trademark, manufacturer, or otherwise, is provided only as a convenience and the inclusion of any link or reference does not constitute or imply an endorsement, approval, affiliation, sponsorship, or recommendation by StoryTagz.

Children

This website is intended for general audiences and is not geared toward children.  Children under the age of 13 are not permitted to submit any Content or other information through this website.  For more information about protection of children’s privacy online, please review our Privacy Policy.

No Offer and No Solicitation; Forward-Looking Statements

The StoryTagz Content and other information provided on this website is not intended to and does not constitute an offer of or solicitation for the purchase or disposal of, trading, or transaction in any securities. Investors must not rely on any information contained herein for investment decisions.

This website may contain certain “forward-looking” statements. Forward-looking statements, by their very nature, include risks and uncertainties that could cause actual results to be materially different from those anticipated in or implied by forward-looking statements. Forward looking statements may be subject to a variety of significant uncertainties, including business, economic, and financial factors, and therefore actual results may differ significantly from such statements.

Applicable Laws and Jurisdiction

This website (excluding linked sites) is controlled by StoryTagz within the State of Utah, United States of America. It can be accessed throughout the United States, as well as from other countries around the world. As each of these places has laws that may differ from those of the United States and Utah, you and StoryTagz agree that the statutes and laws of the State of Utah will apply to all matters relating to the use of this website, without regard to its conflicts of laws principles.  You also agree that any actions arising out of your use or access to this website shall only be brought in the state or federal courts located in the State of Utah, and you hereby waive any objection to the jurisdiction of or venue in such courts.

StoryTagz makes no representation that materials on the website are appropriate or available for use in other locations. Those who choose to access this site from other locations do so at their own risk and are responsible for compliance with applicable local laws.

Void Where Prohibited

Although this website and its Content may be accessible worldwide, not all services provided through this website may necessarily be available to or usable by all persons or in all geographic locations or jurisdictions. StoryTagz reserves the right to limit the offering of its services and the accessibility of this website in any location or jurisdiction, or to any particular person, if lawful and necessary. Any offer for any service available through this website is void where prohibited by law.

Miscellaneous Terms

These Terms and Conditions represent the entire understanding and agreement between you and StoryTagz with respect to your access to and use of this website.  If any portion of these Terms and Conditions is deemed enforceable, void, or otherwise unlawful, then that portion shall be severed and will not affect the validity and enforceability of the remaining Terms and Conditions.  No waiver of or delay in enforcing any provision or of any breach of these Terms and Conditions shall constitute a waiver of any other provision or any other breach.

Changes to Terms and Conditions

StoryTagz reserves the right to change these Terms and Conditions at any time by publishing the amended Terms and Conditions at www.StoryTagz.com. You should visit this page from time to time to review the then-current Terms and Conditions that are binding on you. Certain Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular web pages visited by you or in correspondence sent to you.

Contact Information

You may send any questions or concerns regarding these Terms and Conditions, or any comments or other inquiries regarding this website, to the following:

Attn: Website Inquiry
Heritage Locker, LLC dba StoryTagz
1891 North 1475 East

Lehi, UT 84043 USA

Email: info@StoryTagz.com

Effective Date

The effective date of these Terms and Conditions is January 1, 2015.