These StoryShop Terms of Service (these “Terms”) are between Captuure, Inc. d/b/a Orson (the “Company”, “we,” “us” or “our”) and either you individually or the entity you represent (“you” or “your” as applicable) for purchases made via the StoryShop Services (as defined below) offered via our website, https://www.storyshop.ai/, or through an Authorized Reseller, as may be amended from time to time. If you are using the Services on behalf of a legal entity, you represent that you are authorized to enter into and agree to these Terms on behalf of that legal entity. Our StoryShop Services provide you the ability to purchase video packages (“StoryStrips”) via our website or an Authorized Reseller, seamlessly record and upload Content via https://heyorson.com/, as may be updated from time to time, and receive creatively edited videos based on the selected StoryStrip (“Episode”, collectively, the process of making an Episode as the “Services”).
PLEASE NOTE: Your access to and use of the Services is subject to these Terms, as well as all applicable laws. Please read these Terms carefully. By accessing and using the Services or clicking on any “accept,” “agree,” or a similarly worded checkbox or button you accept and agree to be bound and abide by these Terms. If you do not want to agree to be bound by any of these Terms, you must not access or use the website, Services, or any information or StoryStrip contained on the Services.
You will be responsible for any breach of these terms by any other party that accesses the Episode sent to you. These Terms may be changed, modified, supplemented or updated by the Company from time to time without advance notice, and the updated terms may be posted on the Company website or otherwise within the Services, and you will be bound by any such changed, modified, supplemented or updated Terms if you continue to use the Services after such changes are posted; provided, however, we may provide notice by means of conspicuous alert or notification displayed on the Services in the case of material revisions. You are encouraged to review the Services and these Terms periodically for updates and changes.
If you have any questions about these Terms, please contact us by emailing us at firstname.lastname@example.org.
Unless context requires otherwise, capitalized terms not defined within these Terms shall have the following meanings:
Please be advised that if you send or submit to the Company creative ideas, suggestions, inventions, or materials (“Feedback”), the Company shall: (a) own, exclusively, all now known or later discovered rights to the Feedback; (b) not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Feedback; and (c) be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
When you engage with the Services, you may register to create an account (“Account”). You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Company reserves the right to suspend or terminate your Account and access to the Services if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You will be asked to create a password when you create your Account. Company does not have access to your passwords and if you forget your password you will be asked to create a new one. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Company if you become aware of any unauthorized use of your Account.
The Services communicate via internet and/or cellular data service provided by independent carriers. The internet or cellular data service provided by the independent carriers may fail or go off-line from time to time, and during any such outage our Services will be unable to transmit and receive information. We may not receive timely notice of the communications outage from the independent carriers. We are not obligated to provide the Services during any such outages. Cellular networks and internet providers may be regulated by federal and state agencies and changes in rules and regulations may require us to modify or terminate our Services. The Services may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Company of the contents on such third-party websites. Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third-party websites, you do so at your own risk.
Company neither actively monitors general use of the Services under normal circumstances nor exercises editorial control over the content of any third party’s material created or accessible over or through the Services. However, Company does reserve the right to monitor such use at any time as it deems appropriate and to take such action as the Company, in its sole discretion, including, without limitation, the removal of any materials which may be illegal, may subject Company to liability, may violate these Terms, or are, in the sole discretion of Company, inconsistent with Company’s purpose for the Services or the termination of the Account associated with such materials.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. ALL CONTENT, AND THE SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, TIMELY, ACCURATE, OR ERROR-FREE OPERATION, OR FREEDOM FROM COMPUTER VIRUS OR MALICIOUS CODE. COMPANY MAKES NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
YOU UNDERSTAND AND AGREE THAT COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICES; (B) YOUR ACCOUNT, PROFILE, OR PROFILE CONTENT; (C) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICES; (D) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (E) ANY ERRORS OR OMISSIONS IN THE SERVICES’ OPERATION; OR (F) ANY DAMAGE TO YOUR OR ANY USER WHOM YOU SEND A LINK TO THE SERVICES, COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PRODUCTS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES, PRODUCTS AND SERVICES,CONTENT, OR EPISODE, THE COST OF OBTAINING SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS AND SERVICES OBTAINED FROM PURCHASES OR TRANSACTIONS, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE SERVICES, PRODUCTS,CONTENT, STORYSTRIPS, OR EPISODE EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
COMPANY’S AGGREGATE TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES WILL BE LIMITED TO THE GREATER OF THE AMOUNT YOU OR YOUR AUTHORIZED RESELLER HAVE PAID FOR THE SERVICES, OR $100. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU HAVE SELECTED THE SERVICES WITH A FULL UNDERSTANDING OF THE LIMITATION OF OUR LIABILITY IN THESE TERMS.
If You are a California resident, You waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT THE FOREGOING LIMITATIONS OF LIABILITY FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES AND SHALL APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS DEEMED UNCONSCIONABLE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold harmless Company, its affiliates, its contractors, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of the Services in violation of these Terms, your Account, Profile or Profile Content, your fraud, violation of law, or willful misconduct, or any breach by you of these Terms.