STORIFY TERMS OF SERVICE

Last Updated Date: March 12, 2015

Thanks for using Storify! Storify provides various services on storify.com, including a unique way to collect media from social networks and around the web to create your own original and beautiful stories which can be embedded on other websites (collectively, the “Storify Service”).

The Storify Service is owned by Livefyre, Inc. (“Storify” or “we”). Please read carefully the following terms and conditions (“Terms of Service”) and our Privacy Policy, which may be found at https://storify.com/privacy and which is incorporated by reference into these Terms of Service. These Terms of Service govern your access to and use of the Storify Service and constitute a binding legal agreement between you and Storify.

Key Content-related Terms

“Content” means text, links, graphics, images, music, software, audio, video, information or other materials.

“Storify Content” means Content that Storify makes available through the Storify Service, including any Content licensed to Storify from a third party (excluding Member Content and Third Party Content).

“Member” means a person who completes Storify’s account registration process, as described under “Account Registration” below.

“Member Content” means Content owned by a Member, including any story created by Member, that such Member posts, uploads, publishes, submits or transmits to be made available through the Storify Service.

“Third Party Content” means Content owned by a third party that Member posts, uploads, publishes, submits or transmits to be made available through the Storify Service.

“Service Content” means Storify Content, Member Content, and Third Party Content.

Certain areas of the Storify Service (and your access to or use of Service Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. Storify may, in its sole discretion, make premium or different content available to you that is subject to different terms and conditions and narrower licenses than as set forth therein. If there is a conflict between these Terms of Service and terms and conditions posted for a specific area of the Storify Service or Service Content, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Storify Service or Service Content.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE STORIFY SERVICE, INCLUDING, WITHOUT LIMITATION, BY POSTING ANY CONTENT FROM OR ON OR THROUGH THE STORIFY SERVICE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED WITH STORIFY. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE STORIFY SERVICE. If you accept or agree to these Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Modification

Storify reserves the right, at its sole discretion, to modify, discontinue or terminate the Storify Service or to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service, we will post the modification on Storify’s website or otherwise provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms of Service. By continuing to access or use the Storify Service after we have posted a modification on Storify’s website or have otherwise provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Storify Service.

Eligibility

The Storify Service is intended solely for persons who are 13 or older. Any access to or use of the Storify Service by anyone under 13 is expressly prohibited. By accessing or using the Storify Service you represent and warrant that you are 13 or older.

Government Users

If the user is a United States federal government agency, these Terms of Service are amended according to https://storify.com/tos/amendment.

Account Registration

In order to access certain features of the Storify Service and to post any Member Content or Third Party Content on or through the Storify Service, you may have to register to create an account (“Account”) and become a Member. Any registration by anyone under 13 is void. By completing the registration process to create an Account, you represent and warrant that you are 13 or older. During the registration process, you will be required to provide certain information and you will establish a username and a password. 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. Storify reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. 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 Storify of any unauthorized use of your Account.

Paid Accounts

For more information about starting a Storify Enterprise account, please see https://storify.com/enterprise.

Privacy

See Storify’s Privacy Policy at https://storify.com/privacy for information and notices concerning Storify’s collection and use of your personal information.

License granted by Storify

Subject to your compliance with the terms and conditions of these Terms of Service, Storify grants you a limited, non-exclusive, non-transferable license, (i) to access, view, download, print and otherwise use any Storify Content and the Storify Service itself; and (ii) to access and view any Member Content or Third Party Content, but only in accordance with these Terms of Service. You have no right to sublicense the license rights granted in this Section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Storify Service or Service Content, except as expressly permitted in these Terms of Service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Storify or its licensors, except for the licenses and rights expressly granted in these Terms of Service.

License granted by a Member

Members may post, upload, publish, submit or transmit Member Content and Third Party Content to be made available through the Storify Service. By making available any Member Content or Third Party Content through the Storify Service, and unless you have agreed otherwise in writing with Storify, you hereby grant to Storify a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, access, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Member Content and Third Party Content in any and all media or distribution methods (now known or later developed), including, without limitation, on the Storify Service. Storify does not claim any ownership rights in any such Member Content or Third Party Content and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit any such Member Content or Third Party Content. Storify reserves the right to remove or modify any Member Content or Third Party Content from the Storify Service for any reason, including Member Content or Third Party Content we believe violates these Terms of Service.

You acknowledge and agree that you are solely responsible for all Member Content and Third Party Content that you make available through the Storify Service. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content and Third Party Content that you make available through the Storify Service or you have all rights, licenses, consents and releases that are necessary to grant to Storify the rights in such Member Content and Third Party Content, as contemplated under these Terms of Service; and (ii) neither the Member Content and Third Party Content nor your posting, uploading, publication, submission or transmittal of the Member Content and Third Party Content or Storify’s use of the Member Content and Third Party Content (or any portion thereof) on, through or by means of the Storify Service will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or contractual rights or agreements, or result in the violation of any applicable law or regulation.

Publicity Rights

You grant to Storify the right to use your name and likeness in marketing materials and in the Storify Service to promote your use of the Storify Service.

Social Media and Networking Sites

As part of the functionality of the Storify Service, you may link your Account with online accounts you may have with third party service providers (each such account, a “Third Party Account”) by either: (i) providing your Third Party Account login information to Client through the Storify Service; or (ii) allowing Storify to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Storify and/or grant Storify access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Storify to pay any fees or making Storify subject to any usage limitations imposed by such third party service providers. By granting Storify access to any Third Party Accounts, you understand that (i) Storify may access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Storify Service via your Account and (ii) Storify may submit and receive additional information to and from your Third Party Account to the extent you are notified when you link your Account with the Third Party Account. Unless otherwise specified in these Terms of Service, all SNS Content, if any, shall be considered to be Member Content for all purposes of these Terms of Service. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Account on the Storify Service. Please note that if a Third Party Account or associated service becomes unavailable or Storify’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Storify Service. You have the ability to disable the connection between your Storify Account and your Third Party Accounts, at any time, by accessing the “Settings” section of the Storify Service. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WTH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Storify makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Storify is not responsible for any SNS Content.

You acknowledge and agree that the Storify Service may access your contacts list associated with a Third Party Account solely for purposes of identifying and informing you of those contacts who have also registered to use the Storify Service. You will have the option to deactivate your connection to Third Party Accounts via the “Settings” section of the Storify Service.

Ownership

The Storify Service and Storify Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms of Service, Storify and its licensors exclusively own all right, title and interest in and to the Storify Service and Storify Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Storify Service or Storify Content.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Storify Service (the “Feedback”). You may submit Feedback by emailing us at support@storify.com or via other available means. You acknowledge and agree that all Feedback will be the sole and exclusive property of Storify and you hereby irrevocably assign to Storify and agree to irrevocably assign to Storify all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At Storify’s request and expense, you will execute documents and take such further acts as Storify may reasonably request to assist Storify to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

General Prohibitions

You agree not to do any of the following:

Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances. Posting a link to content is not prohibited.

Use, display, mirror or frame the Storify Service, or any individual element within the Storify Service, Storify’s name, any Storify trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, except as permitted as part of the Storify Service functionality (e.g., framing embeds or framing the editor in a content management system like WordPress) or expressly by Storify otherwise;

Access, tamper with, or use non-public areas of the Storify Service, Storify’s computer systems, or the technical delivery systems of Storify’s providers;

Attempt to probe, scan, or test the vulnerability of any Storify system or network or breach any security or authentication measures;

Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Storify or any of Storify’s providers or any other third party (including another user) to protect the Storify Service or Service Content;

Attempt to access or search the Storify Service or Service Content or download Service Content from the Storify Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Storify or other generally available third party web browsers;

Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

Use or add any ad units within the Storify Service itself, without the express written approval of Storify;

Use any meta tags or other hidden text or metadata utilizing a Storify trademark, logo URL or product name without Storify’s express written consent;

Use the Storify Service or Service Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Service;

Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Storify Service or Service Content to send altered, deceptive or false source-identifying information;

Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Storify Service or Service Content;

Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Storify Service;

Collect or store any personally identifiable information from the Storify Service from other users of the Storify Service without their express permission;

Impersonate or misrepresent your affiliation with any person or entity;

Violate any applicable law or regulation

Resell the Storify Service, without the express written approval of Storify; or

Encourage or enable any other individual to do any of the foregoing.

Storify will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Storify may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that Storify has no obligation to monitor your access to or use of the Storify Service or Service Content, or to review or edit any Member Content or Third Party Content, but has the right to do so for the purpose of operating the Storify Service, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Storify reserves the right, at any time and without prior notice, to remove or disable access to any Service Content, that Storify, at its sole discretion, considers to be in violation of these Terms of Service or otherwise harmful to the Storify Service.

Copyright and IP Policy

Storify respects copyright law and expects its users to do the same. Storify has adopted and implemented a policy that provides for the termination in appropriate circumstances of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Storify’s Copyright and IP Policy at https://livefyre.zendesk.com/hc/en-us/articles/200907456-Storify-s-Copyright-and-IP-Policy for further information.

Advertisements and Links to Third-Party Websites

Storify may display advertisements and other promotional materials in the Storify Service. If you are subscribed to the Enterprise option or have a separate written agreement with Storify, you may opt out of such advertisements and other promotional materials. The Storify Service may contain links to third-party websites, advertisers, services, or resources that are not owned or controlled by Storify. You acknowledge and agree that Storify has no control over and is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, privacy policies, practices, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Storify of such websites or resources or the content, products, practices, privacy policies, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products, or services on or available from such websites or resources. Additionally, your dealings with or participation in promotions of any third parties, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such third parties. You agree that Storify shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties. We encourage you to be aware of when you leave the Storify Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit. You expressly relieve Storify from any and all liability arising from your use of any third-party website or services or third party content.

API Terms

Storify may allow its users to access a Storify API. Any use of such Storify API is bound by the terms of these Terms of Service plus the following specific terms:

You will comply with all display and attribution requirements set forth by Storify herein, at https://dev.storify.com or otherwise. Further, production use of the API will require the express written permission of Storify. For clarity, users can continue to develop prototypes and other sample services based on the API without permission, but rate limits may be applied.

p Your use of the Storify API must not infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or contractual rights or agreements, or result in the violation of any applicable law or regulation.

You expressly understand and agree that Storify shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Storify has been advised of the possibility of such damages), resulting from your use of any Storify API or third-party products that access data via a Storify API.

Abuse or excessively frequent requests to any Storify API may result in the temporary or permanent suspension of your account's access to all Storify APIs, except as expressly permitted by Storify in writing.

Storify may, in its sole discretion, determine instances of abuse or excessive usage of Storify APIs.

Storify reserves the right at any time to modify or discontinue, temporarily or permanently, your access to Storify APIs (or any part thereof) with or without notice.

Support

Storify may provide technical support to its users inat its sole discretion (including to paying account holders, in accordance with their level of service). In connection with providing technical support, Storify may need to request access to your systems or networks, and may need to communicate with you or your staff. If you do not provide such access and cooperation as requested by Storify, we may limit the scope of support available to you.

Termination and Account Cancellation

If you breach any of these Terms of Service, Storify will have the right to suspend or disable your Account or terminate these Terms of Service, at its sole discretion and without prior notice to you. Storify reserves the right to revoke your access to and use of the Storify Service and Service Content at any time, with or without cause. In the event Storify terminates these Terms of Service for your breach, you will remain liable for all amounts due hereunder. You may cancel your Account at any time by sending an email to support@storify.com. Upon cancellation of your Account, Storify may retain, use and continue to show in anonymized form data and information you made available to the public on the Storify Service, including your links to Third Party Content, comments, likes, and similar Content.

Delivery of Storify Service

Storify will make commercially reasonable efforts to ensure that the Storify Service is available 24 hours a day, 7 days a week. However, there will be occasions when the Storify Service will be interrupted for maintenance or upgrades, and for emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of Storify. Storify will use commercially reasonable efforts to minimize such disruption where it is within the reasonable control of Storify.

Some Storify accounts come with different levels of uptime guarantees, policies and remedies. For further details and information about monitoring and reporting outages, see here our SLA: https://livefyre.zendesk.com/hc/en-us/articles/201076833-Service-agreement-for-Storify-VIP-.

Contact Storify at support@storify.com regarding any questions about support.

Disclaimers

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE STORIFY SERVICE AND SERVICE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, STORIFY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. STORIFY MAKES NO WARRANTY THAT THE STORIFY SERVICE OR SERVICE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. STORIFY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, STORIFY SERVICE OR SERVICE CONTENT PURCHASED OR OBTAINED THROUGH THE STORIFY SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE STORIFY SERVICE.

NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM STORIFY OR THROUGH THE STORIFY SERVICE OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE STORIFY SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE STORIFY SERVICE. YOU UNDERSTAND THAT STORIFY DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE STORIFY SERVICE, NOR DOES STORIFY MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE STORIFY SERVICE. STORIFY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE STORIFY SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE STORIFY SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE STORIFY SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE STORIFY SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

Indemnity

You agree to defend, indemnify, and hold Storify and its successors and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Storify Service, Member Content, Third Party Content, or your violation of these Terms of Service.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE STORIFY SERVICE AND SERVICE CONTENT REMAINS WITH YOU. NEITHER STORIFY NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE STORIFY SERVICE OR SITE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, STORIFY SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR STORIFY SERVICE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF STORIFY SERVICE OR FROM THE USE OF OR INABILITY TO USE THE STORIFY SERVICE OR SERVICE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE STORIFY SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE STORIFY SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT STORIFY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL STORIFY’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF STORIFY SERVICE OR FROM THE USE OF OR INABILITY TO USE THE STORIFY SERVICE OR SERVICE CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO STORIFY FOR USE OF THE STORIFY SERVICE OR CONTENT, OR FIFTY DOLLARS ($50) IF YOU HAVE NOT PAID ANY SUCH AMOUNTS, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN STORIFY AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Enterprise Members

If you are subscribed to the Enterprise option, notwithstanding anything else herein, the following terms shall apply to you (except to the extent you enter into a separate Enterprise agreement, or similar instrument with Storify):

Storify Representations: Storify represents, warrants and covenants that, to the best of its knowledge (a) the grant of license and provision of the Storify Service hereunder does not (i) breach any third party agreement; (ii) infringe the intellectual property rights or proprietary rights, or rights of publicity or privacy of any third party; (iii) violate any applicable law, statute, ordinance or regulation; or (iv) result in the dissemination of any software viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

Support: Storify will provide enterprise level support, which includes priority handling of issues during regular U.S. Pacific Time Zone business hours.

Publicity: Storify will not promote your usage of the Storify Service in its promotional materials or on its website(s) without your prior approval. Storify will also not use your name, logos, or branding in promotional materials or on its website(s) without your prior approval. Storify may use and promote your Member Content and Third Party Content included in any stories on the Storify Service itself.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Storify used herein are trademarks or registered trademarks of Storify. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Controlling Law and Jurisdiction

These Terms of Service and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Entire Agreement

These Terms of Service constitute the entire and exclusive understanding and agreement between Storify and you regarding the Storify Service and Service Content, and these Terms of Service supersede and replace any and all prior oral or written understandings or agreements between Storify and you regarding the Storify Service and Service Content.

Assignment

You may not assign or transfer these Terms of Service, by operation of law or otherwise, without Storify’s prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. Storify may assign or transfer these Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Service, will be in writing and given by Storify (i) via email (in each case to the address that you provide) or (ii) by posting to the Storify Service. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

General

The failure of Storify to enforce any right or provision of these Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Storify. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service will remain in full force and effect.

Contacting Storify

If you have any questions about these Terms of Service, please contact Storify at support@storify.com.

Photo Upload Terms of Service

Responsibility for Content

By uploading, submitting or otherwise providing any data and information (including but not limited to visual, audio, numeric, graphical, text, data, or other content) (collectively, “Content”) you grant Livefyre and its subcontractors a non-exclusive, worldwide, royalty-free, paid-up, transferable right and license to host, cache, copy, store and display your Content for the purpose of and in conjunction with providing the Service. You acknowledge and agree that you are solely responsible for your Content, including its legality, reliability, accuracy and appropriateness. You represent and warrant that (a) you own or control all rights in and to your Content and have the right to grant the license above, (b) all of your Content does and will comply with these terms and (c) you will not post or submit Content that infringes or violates someone else's rights or otherwise violates the law. Livefyre can remove or block any Content or information if Livefyre believes that it violates the law, another’s rights or Livefyre’s policies. If Livefyre removes your Content for infringing someone else’s intellectual property rights, and you believe such Content was removed by mistake, Livefyre will provide you with an opportunity to appeal that decision in accordance with Section 2 below. You further acknowledge and agree that (y) Livefyre has no obligation to monitor or police Content transmitted through the Service and (z) Livefyre shall not be responsible for, and shall have no liability for, any Content.

Copyright And Trademark Disputes

Livefyre complies with the Digital Millenium Copyright Act. If any of your Content is taken down because of alleged copyright or trademark infringement and you believe that it was incorrectly removed, you may send Livefyre a written notice with the following information:

1. Identification of the material that has been removed or blocked and where it used to be found (e.g., the URL),
2. A statement under penalty of perjury that you have “a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled,” and
3. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court applicable for your address and that you will accept service of process from person who issued the takedown notice (in other words, you agree to be sued if it comes to that).

Please send all such notices to copyright@livefyre.com. For clarity, only notices pursuant to this section should go to this agent; any other feedback, comments, requests for technical support, and other communications should be directed to customer service through our website at www.livefyre.com. You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid. Livefyre will respond to all such notices in accordance with applicable law.

Indemnification

You agree to indemnify, defend and hold Livefyre and its employees, contractors, directors, suppliers and representatives harmless from all losses, liabilities, claims and expenses actually paid or payable to an unaffiliated third party that result from any third party claim arising from or related to your Content.