EULA¶

DRAFT

StoryMaker respects your journalistic and creative endeavors. The following terms are designed to protect our software and service, while preserving your underlying rights. Accordingly, this is a “living document,” and may change from time to time. By using the software, service, or any applications (including the StoryMaker website and mobile applications), you agree to be bound by the latest version, which can be found at http://storymaker.cc/about/eula/. We welcome your comments, and you are welcome to direct any feedback regarding these terms to Feedback@StoryMaker.cc

By accessing or using the StoryMaker website, service, or any applications (including mobile applications) made available by StoryMaker or Small World News (collectively, “the technology”), you agree to be bound by these terms of use. These Terms of Use affect your legal rights and obligations. If you do not agree to them, do not access or use the technology.

Age: You must be at least 13 years old to use the Service.

User: By using the StoryMaker application or otherwise accessing the technology, you represent that you are legally allowed to do so, that you have provided honest and acurate registration information, that you will only have one user account, and that you will keep your user information up-to-date.

Identity & Security: You are responsible for all activity conducted through your user account, and agree not to provide access to any other person. You agree to safeguard your access information; and take reasonable action to prevent access to the site by unauthorized individuals. In the event we believe your account has been compromised, we may temporarily or permanently disable it and/or restrict your future access. If you have questions or require special accommodation, please contact Feedback@StoryMaker.cc

Privacy: Your use of the technology is subject to our privacy policy, located here: http://storymaker.cc/about/privacy/

Community Ethic: StoryMaker seeks to provide a “safe space” for everyone to share content. You will not use the technology to stalk, bully, defame, abuse, harass, abuse, threaten, intimidate or impersonate others; nor use the technology for any illegal purpose; nor to promote any such behavior. Likewise, you may not post obscene, libelous, hateful, racist, defamatory or otherwise objectionable content. You may not take any action to intentionally interfere with other users’ enjoyment of the technology, nor seek to circumvent it.

Limits on Commercial Use: You will not use the technology nor post any content primarily advertising or soliciting commercial services, however you may create stories showcasing your business or services provided they contain original content and narrative. You may not use the technology to send unsolicited commercial messages (“spam”).

Content: In the interest of protecting the collective user body, we may remove or edit any content or user account which in our sole judgment interferes with the goals of the website, including references in the technology to syndicated content located elsewhere. You are solely responsible for any and all material that you create, submit, post, or display using the technology, including all words, music, images, logos, and names appearing in such material.

Our Copyright: Copyright in the technology is reserved 2013 (or the current year, if later) Small World News, Inc. All United States and worldwide rights are reserved. Portions of the technology may be licensed under the GPLv3, which use and policy is described at http://www.gnu.org/licenses/gpl.html. To the extent such technology is governed by the GPLv3, those provisions shall control and are incorporated herein by reference.

Your Copyright & License: Small World News, Inc. does not claim ownership in any of your work. Instead, you hereby grant to Small World News a worldwide, non-exclusive, fully-paid, royalty free, transferable right to use the content you create using the technology. You acknowledge that Small World News may insert advertising in conjunction with your content without further notice.

Disclaimers: The technology allows you to create, modify, and edit original content. You will use the technology only to create, produce, or edit works when you have the legal right to do so. You are solely responsible for any issues of copyright, publicity, privacy, or personality which may arise in your content. By using the technology, you warrant that any content submitted does not violate the rights of any third person and agree to pay for all royalties, fees, damages, and associated attorney’s fees related to any such claim. StoryMaker and Small World News do not endorse the content created, shared, or displayed using the technology, and have no obligation to screen, monitor, edit or delete any content.

DMCA: If you believe your work has been infringed on the site, please remit the following information: a) letter demonstrating your authority to act; b) description of infringing material; c) description of where material can be found; d) your complete contact information; e) a statement that you have a good faith belief the use is impermissible and f) a statement that the above information is accurate and you are submitting it on behalf of the copyright holder. Such documents may be sent to:
General Counsel
Small World News
1125 SE Division Street
Suite 202
Portland OR, 97202

Our Brand: You acknowledge the term “StoryMaker” is a trade and service mark of Small World News; U.S. Patent & Trademark registration pending (Serial # pending) and shall not use it in any context which may create confusion as to the source of the services provided; on this or any other website; or in any other context.

No Warranty: This service is provided as-is, with all faults, and without any warranty. By utilizing the technology you indemnify and hold harmless Small World News for any loss of data or other damage and agree that you will maintain your own backup versions of any and all submitted content. While we will make our best efforts to ensure quality service, there may be times when the technology is unavailable.

Third-Party Indemnity: You acknowledge that Small World News may not be able to control the actions and/or speech of other users on this site and hereby indemnify, hold harmless and waive any claim or cause of action against us arising out of third-party communications.

Limitation of Liability: To the extent permitted by law, any liability of Small World News shall be in its corporate capacity only and you acknowledge it is your intent that such submitted material be made publicly available in its original and/or edited, copied, altered, modified or other forms.

Time Limit: You agree to waive any dispute not brought within one year from the date of the occurrence at issue.

Severability: In the event any provision of this Agreement shall be held invalid, the same shall not invalidate or otherwise affect in any respect any other term or terms of this Agreement, which term or terms shall remain in full force and effect.

Entire Agreement: This document, including those portions incorporated by reference, constitutes the complete agreement between the parties.