In addition, you represent that you are 18 years of age or older and are lawfully able to enter into contracts if (a) you are signing up for a Contributor account, or (b) are a parent or legal guardian of a child under 13 who is signing up for MyStoryBin.com.
If you are under the age of 18, you should review this Agreement with your parent or legal guardian to make sure that you and your parent or legal guardian understand it.
Some Members are artists (“Artists”) and/or writers (“Writers”) who license their Content on the Site for commercial purposes and who may earn royalties from the use of their Content in connection with the Site. You must apply and be pre-approved by us before becoming an Artist or Writer. More information about how the Artist and Writer programs works, including on how you apply to become a MyStoryBin-approved Artist or Writer, is available here and here.
1. Acceptance and Amendment of Terms
Welcome to the MyStoryBin Site. Except as expressly permitted on the Site (for example, the use by Artists to earn payments from our use of their Content), the Service is for personal and non-commercial use only, and may not be used for any purpose not expressly permitted by this Agreement. In addition, you may not reproduce, copy, duplicate, sell or resell any part of the Service.
Your use of the Service, including new features and enhancements to the Service, is entirely conditioned on and subject to your compliance with this Agreement. If you do not agree with this Agreement, you should leave the Site and discontinue use of the Services immediately. Please read this Agreement carefully and save it. If you wish to become a Member, communicate with other Members through the Site and make full use of the Services, you must read this Agreement and indicate your acceptance during the registration process.
We may change this Agreement at any time, and we will notify you of any changes by posting notice on the Site or Services. If we make any material change to this Agreement we may also notify you via the email address you provide to us on registration (if applicable), or as otherwise required by law, and ask that you consent to those material changes.
Any changes to the Agreement that amend the licenses provided in this Agreement shall amend any licenses granted before the changes take effect, as well as any granted after the changes take effect.
2. User Conduct
- In order to become a Member, you need to create an account on the Site. To create an account, you must submit certain requested information to MyStoryBin, including a correct email address. When such registration information is requested by the Service, the information you provide must be true, accurate, current, and complete. Please note that it is your responsibility to keep your registration information with us, including your email address for notification purposes, up-to-date.
- You are responsible for any activity and charges that occur under your screen name and account. You may not transfer your account.
- You are responsible for keeping your Member password secure and for notifying MyStoryBin immediately of any breach of security or unauthorized use of your account.
- You are responsible for maintaining the confidentiality of any personal or personally identifiable data you upload and store on the Site and are responsible for complying with all applicable laws governing collection, storage, processing, use and transfer of such information.
- You are solely responsible for your conduct on the Site and use of the Service, and for any content, including but not limited to text, avatars, information, and other files (collectively, “Content”), that you contribute to the Site. For Artists and Writers, this also includes, but is not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files (collectively, “Content”), that you contribute to the Site.
- You must not abuse, harass, threaten, impersonate or intimidate other users of the Service.
- You may not use the Service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
- You must not create or submit unwanted email or other messages to any users of the Site.
- You may not collect or harvest any personally identifiable information, including account names, from the Site.
- You may not use the Service to upload, transmit or link to Prohibited Content. Generally, Prohibited Content includes Content or other material that MyStoryBin believes:
- is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, encourages conduct that would violate or violates any law, harassing, hateful, racially or ethnically offensive, or otherwise inappropriate;
- comprises material that is copyrighted or protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless express written permission of the owner is obtained to use the material and to grant all of the license rights granted herein;
- violates or otherwise encroaches on the rights of others;
- contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Service;
- advocates illegal activity;
- harms anyone, including minors; or
- provides a link to any of the above.
- You may not access the Site or the Service with any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc.
MyStoryBin has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Service may be subject to examination from time to time. Although MyStoryBin does not and will not examine or otherwise review all Content submitted or transmitted to the Service, MyStoryBin may delete, move, and edit Content for any reason, at any time, without notice. MyStoryBin in no way guarantees the accuracy, non-infringement, quality or appropriateness of Content available through the Service.
Any breach or non-compliance of any of these User Conduct terms will entitle MyStoryBin to immediately and without notice (i) terminate that Member’s account, which could result in the permanent deletion of any data in the account from our servers and any User Content of the Member, and (ii) block the Member from any further use of the Site and Service.
3. Content Contributed to the Site by Members
The Site allows Members to create their own stories by assembling Content available on the Site, and to share those stories through the Site with other users. The Site also allows MyStoryBin-approved Artists to supply their Content for our and our users’ use in connection with the Service. In this Agreement we refer to all of this Content provided by users as “User Content”.
We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to provide the Site and Services to users, including to display your User Content in the manner requested by you to operate the Site and Services. In order for us to make the User Content you contribute available on the Site for these purposes, and to operate, market and promote the Service, we need the right to make use of such User Content in accordance with and subject to this Agreement. For example, if you write Stories or leave Comments, we need your license to display that User Content on the Services, and we need the right to sublicense that User Content to our other users so that they can view that User Content.
Therefore, by contributing User Content to the Site or creating it on the Site you automatically grant to us an irrevocable and perpetual (except as set forth in this Agreement), non-exclusive, transferable, fully-paid, royalty-free (except as expressly set forth in this Agreement), worldwide license, by ourselves or with others, to use, copy, distribute, publicly perform, publicly display, print, publish, republish, excerpt (in whole or in part), reformat, translate, modify, revise and incorporate into other works, that User Content and any works derived from that User Content, in any form of media or expression, in the manner in which the Service from time to time permits User Content to be used, in compliance with all applicable laws, and to license or permit others to do so. Our rights under this license remain in place even after termination of this Agreement or your account.
Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Services does this to your User Content when it processes it for use in the Services. This license also grants us the right to sublicense that User Content to other users to permit their use of that User Content in the manner in which the Service from time to time permits User Content to be used. We may from time to time change the manner in which User Content can be used by the Service, and if we do so any license you have granted to us under this Section 3 shall automatically be extended to new uses permitted by the Service, and any our rights under licenses previously granted to us for uses no longer permitted by the Service shall continue as described in this Section 3.
If you contribute User Content to the Site, it is your responsibility to check the Site from time to time to review how we permit User Content to be used. You may at any time, on written notice to us, terminate your use of the Site and this Agreement in the manner provided below. Upon any termination, whether by you or by us, your license of your User Content to us and our sublicenses to others shall also terminate, provided that after such termination that license and those sublicenses will continue with respect to any Permitted Use of your User Content that commenced prior to the effective time of the termination, until that Permitted Use ceases. A Permitted Use is any use of Content permitted by this Agreement or the Service prior to the termination. For example, if at the time of your termination any User Content you have contributed to the Site as an artist is used in a Story, or has been printed by a Member for their personal use, or is used by us in promotional materials, those uses may continue until they cease. In particular, if at the time of your termination your User Content has been sublicensed by us to a third party for printing, that sublicense, printing, distribution and sale of printed materials may continue until it terminates according to the terms of our agreement with the third party, and all such printed materials have been sold. Also, if you choose to terminate, while it is not our usual practice, we may retain a copy of the applicable User Content for archival purposes, particularly if it violates Section 2 of this Agreement. Finally, if your use of the Site or this Agreement terminates for any reason, or Content is removed from the Site, your license hereunder to use the Content or the removed Content, as the case may be, terminates immediately. MyStoryBin reserves the right to remove Content from the Site at any time, without notice, for any reason, or for no reason, in its sole discretion.
You represent and warrant to MyStoryBin that (a) you are the sole owner, author and copyright owner of User Content you contribute to the Site or you have written permission from the author, owner or copyright owner to make such User Content available to the Service as “User Content”, and (b) such User Content does not infringe upon any third party rights (including but not limited to any copyright, patent, trademark, trade secret, other intellectual property rights, moral rights, privacy rights or publicity rights); (c) such User Content complies with this Agreement and does not contain any defamatory, libelous or obscene material; (d) such User Content does not violate any applicable laws, regulations, or contain any false statements or misrepresentations; and (e) you have the written consent, release, and/or permission of each and every identifiable individual person, or the owner/author of any objects or work in such User Content to use the name or likeness of each and every such identifiable individual person, object or work, to enable inclusion and use of such User Content in the manner contemplated by the Service and this Agreement.
4. Our Intellectual Property Rights; Our License of Content to Members
5. Fees for Use of the Service
At present, a 30 day free trial of most of the Service is provided for new users – details are provided on the Site. After that free period (or in the case of some, during that period), certain products and services are available through the Service on payment of a fee or fees. Subscription fees and any other charges for the use of the Service are described on the Site. They may change from time to time. If subscription fees increase, we will give you at least 30 days’ notice. If they do change, your continued use of the Service after the change indicates your agreement with the new fees and charges after the effective date of the change. Any change to fees and other charges will not be applicable to the billing period in which the change occurs. Fees for payment transactions are subject to change without notice unless otherwise prohibited, at the discretion of our payment platform partners. Current pricing can be found here.
You agree that you will pay for all products and services you purchase through the Service, and that we may charge your credit card or other form of payment for any products and services purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing us with a valid credit card (or other form of payment accepted on the Site) for payment of all fees. All fees will be billed to the credit card or other form of payment you designate during the registration or payment process. If you want to designate a different credit card or if there is a change in your credit card account status, you must change your information online in the Account information section of the Site.
Your total price will include the price of the product or service plus any applicable sales tax; such sales tax is based on the bill-to address and the sales tax rate in effect at the time you purchase the product.
All sales are final and non-refundable except where specifically provided to the contrary on the Site, including in the event of termination of your account on the Site.
The Service does not provide price protection or refunds in the event of a price reduction or promotional offering.
6. Payments to Members
The Service may from time to time pay Members for certain rights to User Content they provide to the Site, or provide for other payments to Members. The Site contains descriptions of any payments to which Members may be entitled. We may, without prior notice, change at any time any program under which Members receive payments in connection with the Service, provided that no change shall affect any such payment due to you prior to such change. No amounts other than those described on the Site, or in Member payment information that we provide to you specifically for that purpose, is due to you in connection with User Content you provide to us or with your use of the Service.
In particular, the following is not included in any calculation of any amounts due to you:
- any sponsorship or advertising revenue that we may receive;
- any revenue we may receive from memberships or general revenue received from Members or others that is not specifically related to the use of your User Content; or
- any revenue we may receive from the sale or licensing of our software, including applications for use on mobile devices.
Under the MyStoryBin Fundraiser Program, educators (“Educators”) or individuals can join MyStoryBin as Members and hold MyStoryBin fundraisers (“Fundraisers”). Individuals may invite their families and friends to sponsor them by purchasing Diamonds. Diamonds may be redeemed for MyStoryBin services.
You are responsible for maintaining up-to-date information for payments to be made to you, and we are not responsible for any loss you suffer as a result of your failure to do so. We are not responsible for any fees or other charges, including currency exchange fees or changes in amounts caused by changes in currency exchange rates, imposed or charged by any payment intermediary used to make payment to you (including Paypal).
Our calculation of amounts due to Members is the definitive calculation of such amounts, and is final. We will pay such amounts to Members using Paypal or such other payment intermediary as we may from time to time use. No amounts will be paid to you unless your account with us, net of any amounts you owe to us, has accrued at least USD$50 (except in the case of Class Fundraisers).
Any amounts we pay you include any sales or other taxes due on such amounts in connection with its payment to you. All such taxes are for your account, and are not our responsibility, and you agree to pay all such taxes on any amounts paid by us to you. We have the right to withhold from any amounts due to you hereunder any amounts in respect of taxes that we are, or reasonably believe we are, required to withhold from you in respect of taxes due from you.
You agree that we may deduct or set-off any amounts you owe to us from any amounts due to you from us.
If your account on the Site is terminated, we cannot make further payments to you, and our obligation to make any further payment to you in connection with the Site or any Content on the Site ceases.
7. Third Parties and Other Users
Third Party Content. Content created by third parties is made available to you through the Services. Although MyStoryBin may employ filters and live moderators that are intended to prevent the communication of both personal information and age-inappropriate content available to the general public, you agree that MyStoryBin is not responsible for any such Content, including information about third party products or services; that MyStoryBin makes no guarantees about the accuracy, currency, suitability, or quality of such Content; and that MyStoryBin assumes no responsibility for unintended, objectionable, infringing, inaccurate, misleading, or unlawful Content made available by other users, advertisers, and third parties.
Responsibility. Your interactions with other users or third parties, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other user or third party. The foregoing also applies to any interaction between Members (including the contribution and/or receipt of any Content) in the course of using the Site. You agree that MyStoryBin will not be responsible for any loss or damage incurred as the result of any such interactions and dealings listed in this section or with respect to any other user’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including any user) in relation to the use of the Site, we are under no obligation to become involved; however, MyStoryBin reserves the right to monitor disputes between you and other users. You hereby release MyStoryBin, its directors, officers, employees, agents and shareholders (the “MyStoryBin Parties”) from all claims, demands, losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that are either directly or indirectly related to or arise from any interactions with other users or their Content or any third party through or in relation to the Site or the Service.
Third-Party Links. The provision of links to other websites or locations is for your convenience and does not signify our endorsement of such other websites or locations or their contents. Links to other websites or locations may also be posted by artists on their art pages, or by MyStoryBin on our blog, or elsewhere on the Site. While MyStoryBin will make every endeavor to link only to appropriate content, MyStoryBin has no control over, does not review, and cannot be responsible for, these outside websites or their content. Please be aware that those linked sites have their own terms and privacy policies, and we encourage you to read them.
8. Your Privacy Responsibilities
You agree to comply with all applicable data privacy laws. In the event that you are an educational institution subject to the Family Educational Rights and Privacy Act (FERPA), you agree that MyStoryBin is a “school official” as that term is used in FERPA and as interpreted by the Family Policy Compliance Office, with a “legitimate educational interest,” for the purpose of providing the Site and Services under this Agreement.
Educational institutions that allow students under the age of 13 to use the Site or Services agree that they have obtained the necessary permissions for those students to provide any personally identifiable information to MyStoryBin.
9. Communications, Feedback, Suggestions; Release of Artists and Writers, Etc.
In order to ensure that Artists and Writers are free to receive user suggestions and feedback, and to engage with users about their work, if you use the Site or the Service you agree that you have no claim against, and you hereby release, all past, current and future Artists and Writers and their respective heirs, executors, administrators, successors and permitted assigns (the “Releasees”), from any of and from any and all actions, causes of action, claims, suits, liabilities, debts, covenants, contracts, accounts, duties, demands whatsoever at law or in equity (“claims”) you have had, have or may in the future have against any of them or arising from or relating to your activity on the Site or your User Content, including any comments, feedback, suggestions or communications you direct at an Artist or Writer, except for claims of an Artist’s or a Writer’s direct and material infringement of your copyright in original work created by you (an “Infringement”). In particular, if you use the Site or the Service you have no claim for royalties or any other payment, attribution or any other moral or other rights against any Releasee arising from their or your use of any of the Site, the Service or your User Content, unless in connection with an Infringement that you prove in a final, non-appealable judgment issued by a court of competent jurisdiction. You agree that if we ask you to, you will at the Releasee’s expense and without further consideration, execute or cause to be executed all such further deeds, documents, writings or other instruments and give all such further assurances as may be required by a Releasee to effectively carry out the intent and meaning of this paragraph. You also agree that each Releasee is an intended third party beneficiary of your promises in this paragraph, and that they may rely upon them to the same extent as if they were a direct party to this Agreement.
Notwithstanding any other provision of this Agreement, MyStoryBin is under no obligation to refrain from reproducing, publishing or otherwise using any communications, other than personal information, you send to or receive from us by electronic mail or other electronic means, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose, including the developing, manufacturing and/or marketing or products or services incorporating such information. You hereby waive and release us from any interest or claims you may have had, have or in the future have in any such ideas, inventions, concepts, techniques or know-how, and in any such developments, manufactures, products or services. Please don’t send us any such communications if you want to preserve any interest or rights you may have in them.
10. Respecting the Intellectual Property Rights of Others
MyStoryBin respects intellectual property rights. If you believe that any Content on the Site infringes on another’s intellectual property rights you may contact us with the contact information on the Site. MyStoryBin reserves the right to remove Content and User Content without prior notice. MyStoryBin may also terminate a users’ access to the Site, immediately and without notice, if MyStoryBin believes, in its sole discretion, that the user is infringing any third party rights (including but not limited to any copyright, patent, trademark, trade secret, other intellectual property rights, moral rights, privacy rights or publicity rights).
You agree to indemnify and hold harmless the MyStoryBin Parties from any damage, liability, cost, expense, loss, claim or demand (collectively, “Losses”) including reasonable lawyers’ fees, due to or arising out of your use of the Site or the Services, including your breach of this Agreement, and including also any claims that Content provided by you to us or to users infringes the intellectual property or other rights of any third party.
MyStoryBin is not responsible or liable in any manner for any Content posted by third parties on the Site or available from third parties in connection with the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users do, post, transmit or share on the Site.
Under no circumstances will MyStoryBin be responsible for any loss or damage, including any loss or damage to any User Content, or for personal injury or death, resulting from anyone’s use of the Site or the Service, any Content posted on or through the Site, or any interactions between users of the Site, whether online or offline. You post Content on the Site at your own risk.
MyStoryBin expressly disclaims all warranties of any kind, whether express or implied, including such warranties as may be applicable under Sale of Goods legislation or other statutes, and including but