- Your Acceptance
- StoryOsophy Website
- The StoryOsophy Website may contain links to third party websites that are not owned or controlled by StoryOsophy. StoryOsophy has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, StoryOsophy will not and cannot censor or edit the content of any third-party site. By using the StoryOsophy Website, you expressly release StoryOsophy from any and all liability arising from your use of any third-party website.
- StoryOsophy Accounts
- In order to access some features of the StoryOsophy Website, you will have to create an StoryOsophy member account, which is subject to a separate StoryOsophy Member Agreement, which can be accessed at www.StoryOsophy.com/info/member-agreement/. You may not use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify StoryOsophy immediately of any breach of security or unauthorized use of your account.
- Although StoryOsophy will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of StoryOsophy or others due to such unauthorized use.
- Use of the StoryOsophy Website – Permissions and Restrictions
- You agree not to distribute in any medium any part of the StoryOsophy Website, including but not limited to Producer Submissions (defined below), without StoryOsophy’s prior written authorization.
- You agree not to alter or modify any part of the StoryOsophy Website, including but not limited to the technologies it utilizes.
- You agree not to access Producer Submissions (defined below) or StoryOsophy content through any technology or means other than the video playback pages of the StoryOsophy Website itself or other explicitly authorized means StoryOsophy may designate.
- You agree not to use the StoryOsophy Website, including the StoryOsophy’s embeddable player for any commercial use, without the prior written authorization of StoryOsophy. Prohibited commercial uses include any of the following actions taken without StoryOsophy’s express approval:
- sale of access to the StoryOsophy Website or its related services on another website;
- use of the StoryOsophy Website or its related services for the primary purpose of gaining advertising or subscription revenue;
- the sale of advertising, on the StoryOsophy Website or any third-party website, targeted to the content of specific User Submissions or StoryOsophy content;
- and any use of the StoryOsophy Website or its related services that StoryOsophy finds, in its sole discretion, to use StoryOsophy’s resources or User Submissions with the effect of competing with or displacing the market for StoryOsophy, StoryOsophy content, or its User Submissions.
- Permitted commercial uses include uploading an original video to StoryOsophy, or maintaining an original channel on StoryOsophy, to promote your business or artistic enterprise, subject to the terms of the StoryOsophy Member Agreement, and any other use that StoryOsophy expressly authorizes in writing.
- If you use the StoryOsophy embeddable player on your website, you must include a prominent link back to the StoryOsophy Website on the pages containing the embeddable player and you may not modify, build upon, or block any portion of StoryOsophy’s embeddable player in any way.
- You agree not to use or launch any automated system, including without limitation, “robots”, “spiders” or “offline readers”, to generate artificial views of Video Content, or to otherwise access the StoryOsophy Website in a manner that sends more request messages to the StoryOsophy servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, StoryOsophy grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. StoryOsophy reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the StoryOsophy Website, nor to use the communication systems provided by the StoryOsophy Website (e.g. discussion forums, comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the StoryOsophy Website with respect to their Producer Submissions.
- StoryOsophy reserves the right to discontinue any aspect of the StoryOsophy Website at any time.
- Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the StoryOsophy Website.
- The content on the StoryOsophy Website, except all Producer Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to StoryOsophy, subject to copyright and other intellectual property rights under the law. Content on the StoryOsophy Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. StoryOsophy reserves all rights not expressly granted in and to the StoryOsophy Website and its contents.
- You may access Producer Submissions solely for your information and personal use, or as otherwise intended through the normal functionality of the StoryOsophy Website.
- User comments are made available to you for your information and personal use solely as intended through the normal functionality of the StoryOsophy Website. User comments are made available “as is”, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the StoryOsophy Website or otherwise as prohibited under this Agreement.
- You may access StoryOsophy Content, Producer Submissions and other content only as permitted under this Agreement. StoryOsophy reserves all rights not expressly granted in and to the StoryOsophy Content and the StoryOsophy Website.
- You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution of Producer Submissions of third parties obtained through the StoryOsophy Website for any commercial purposes.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the StoryOsophy Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the StoryOsophy Website or its Content.
- You understand that when using the StoryOsophy Website, you will be exposed to Producer Submissions from a variety of sources, and that StoryOsophy is not responsible for the accuracy, functionality, safety, or intellectual property rights of or relating to such Producer Submissions. You further understand and acknowledge that you may be exposed to Producer Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against StoryOsophy with respect thereto, and agree to indemnify and hold StoryOsophy, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the StoryOsophy Website.
- Account Termination Policy
- StoryOsophy reserves the right to decide whether Content or a Producer Submission is appropriate for display on the StoryOsophy Website, and StoryOsophy may remove any Producer Submissions or Content at any time, without prior notice, in its sole discretion.
- Digital Millennium Copyright Act
- If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing StoryOsophy’s copyright department with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications of claimed infringement should be emailed to copyright@StoryOsophy.com. You acknowledge that if you fail to comply with all of the requirements of this Section 8(A), your DMCA notice may not be valid.
- Counter-Notice. If you believe that your Producer Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Miami, Florida, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by StoryOsophy™s copyright department, StoryOsophy may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at StoryOsophy’s sole discretion.
- Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE STORYOSOPHY WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, STORYOSOPHY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE STORYOSOPHY WEBSITE AND YOUR USE THEREOF. STORYOSOPHY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE STORYOSOPHY WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE STORYOSOPHY WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE STORYOSOPHY WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE STORYOSOPHY WEBSITE. STORYOSOPHY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE STORYOSOPHY WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND STORYOSOPHY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
- Limitation of Liability
IN NO EVENT SHALL STORYOSOPHY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE STORYOSOPHY WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE STORYOSOPHY WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE STORYOSOPHY WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE STORYOSOPHY WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT STORYOSOPHY SHALL NOT BE LIABLE FOR PRODUCER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The StoryOsophy Website is controlled and offered by StoryOsophy from its facilities in the United States of America. StoryOsophy makes no representations that the StoryOsophy Website is appropriate or available for use in other locations. Those who access or use the StoryOsophy Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
U.S. Sales only
Purchases or rentals (as applicable) from StoryOsophy are available to you only in the United States, its territories, and possessions, and are not available in any other location. You agree not to use or attempt to use StoryOsophy from outside of the available territory. StoryOsophy may use technologies to verify such compliance.
Sales to end users only
StoryOsophy sells and rents (as applicable) products (“Products”) to end user customers only. The Products are licensed for personal use only on one computer or mobile device.
All Sales and rentals (as applicable) are final.
StoryOsophy accepts credit cards and payment through your PayPal account as forms of payment. If a credit card company, or your PayPal account, is being used for a transaction, StoryOsophy may obtain a pre-approval from the credit card company or from PayPal (as the case may be) for an amount up to the amount of the order. Billing to your credit card or to your PayPal account occurs at the time of purchase or rental (as applicable) or shortly thereafter.
StoryOsophy accepts the following credit cards: Visa, MasterCard, American Express, and Discover.
We are unable to accept credit cards issued by banks outside of the United States or prepaid gift cards issued by credit card companies. Debit cards and check cards have daily spending limits that may prevent the processing of your order.
If a transaction has been declined online due to credit card issues, or issues with your PayPal account, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card or your PayPal account (as the case may be) for your transaction and should use another credit card.
If you use the Shopping Cart functionality, you will have one order that authorizes and bills as a single transaction.
StoryOsophy transactions will include sales tax based on the bill-to address and the sales tax rate in effect at the time your transaction is completed. If the sales tax rate for the billing address changes before the purchased or rented (as applicable) digital content is downloaded, the new tax rate in effect at the time of download will apply. We will only charge tax in states where digital goods are taxable. No customers are eligible for tax exemptions for transactions made on StoryOsophy.
Broadband Internet connection required.
StoryOsophy endeavors to offer you competitive prices on current selections, but the content provider establishes the price for each Product. Your total price will include the price of the Product plus any applicable sales tax (in effect on the day of download). StoryOsophy reserves the right to change prices for Products offered at StoryOsophy at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering.
StoryOsophy makes every effort to provide a broad content offering. For this reason, StoryOsophy reserves the right to change content options without notice. On occasion, a Product may become unavailable following a transaction but prior to download. Your sole remedy in such cases is a refund of the price paid for the unavailable Product. Please contact StoryOsophy Customer Service for assistance in such cases (see below).
Content usage rules
Your use of any Products purchased or rented (as applicable) from StoryOsophy is conditioned upon your prior acceptance of the Terms of Service, including, without limitation, the Usage Rules set forth therein.
Other terms and conditions
StoryOsophy is not responsible for typographic errors.
StoryOsophy reserves the right to change the terms and conditions of sale at StoryOsophy at any time. Customers are encouraged to review the Terms of Sale on a periodic basis for modifications.
All transactions on StoryOsophy are governed by Minnesota law, without giving effect to its conflict of law provisions. Risk of loss and title for all electronically delivered transactions pass to the purchaser or renter (as applicable) in Minnesota upon electronic transmission to the recipient. No StoryOsophy employee or agent has the authority to vary any of StoryOsophy’s policies or the terms and conditions governing any sale.