Acceptance of our Terms
By visiting the website, storytyke.com, viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to Story Tyke, you agree to be bound by the following Terms and Conditions of Service. If you do not want to be bound by our Terms your only option is not to visit, view or otherwise use the services of Story Tyke. You understand, agree and acknowledge that these Terms constitute a legally binding agreement between you and Story Tyke and that your use of Story Tyke shall indicate your conclusive acceptance of this agreement.
Provision of Services.
You agree and acknowledge that Story Tyke is entitled to modify, improve or discontinue any of its services at its sole discretion and without notice to you even if it may result in you being prevented from accessing any information contained in it. Furthermore, you agree and acknowledge that Story Tyke is entitled to provide services to you through subsidiaries or affiliated entities.
Copyright Infringement and DMCA Policy.
As Story Tyke asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by www.storytyke.com violates your copyright, you are encouraged to notify Story Tyke in accordance with Story Tyke Digital Millennium Copyright Act (“DMCA”) Policy. Story Tyke will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Story Tyke will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Story Tyke or others. In the case of such termination, Story Tyke will have no obligation to provide a refund of any amounts previously paid to Story Tyke.
Proprietary & Intellectual Property
This Agreement does not transfer from Story Tyke to you any Story Tyke or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Story Tyke. Story Tyke, www.storytyke.com, the Story Tyke logo, and all other trademarks, service marks, graphics and logos used in connection with Story Tyke, or the Website are trademarks or registered trademarks of Story Tyke or Story Tyke licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Story Tyke or third-party trademarks.
When you submit content to Story Tyke you simultaneously grant Story Tyke an irrevocable, worldwide, royalty free license to publish, display, modify, distribute and syndicate your content worldwide. You confirm and warrant that you have the required authority to grant the above license to Story Tyke.
Termination of Agreement
The Terms of this agreement will continue to apply in perpetuity until terminated by either party without notice at any time for any reason. Terms that are to continue in perpetuity shall be unaffected by the termination of this agreement.
Disclaimer of Warranties
You understand and agree that your use of Story Tyke is entirely at your own risk and that our services are provided “As Is” and “As Available”. Story Tyke does not make any express or implied warranties, endorsements or representations whatsoever as to the operation of the Story Tyke website, information, content, materials, or products. This shall include, but not be limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement, and warranties that access to or use of the service will be uninterrupted or error-free or that defects in the service will be corrected.
Limitation of Liability
You understand and agree that Story Tyke and any of its subsidiaries or affiliates shall in no event be liable for any direct, indirect, incidental, consequential, or exemplary damages. This shall include, but not be limited to damages for loss of profits, business interruption, business reputation or goodwill, loss of programs or information or other intangible loss arising out of the use of or the inability to use the service, or information, or any permanent or temporary cessation of such service or access to information, or the deletion or corruption of any content or information, or the failure to store any content or information. The above limitation shall apply whether or not Story Tyke has been advised of or should have been aware of the possibility of such damages. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed the liability of Story Tyke is limited to the greatest extent permitted by law.
Story Tyke may include hyperlinks to third-party content, advertising or websites. You acknowledge and agree that Story Tyke is not responsible for and does not endorse any advertising, products or resource available from such resources or websites.
You expressly understand and agree to submit to the personal and exclusive jurisdiction of the courts of the country, state, province or territory determined solely by Story Tyke to resolve any legal matter arising from this agreement or related to your use of Story Tyke. If the court of law having jurisdiction, rules that any provision of the agreement is invalid, then that provision will be removed from the Terms and the remaining Terms will continue to be valid.
You understand and agree that the above Terms constitute the entire general agreement between you and Story Tyke. You may be subject to additional Terms and conditions when you use, purchase or access other services, affiliate services or third-party content or material.
Changes to the Terms
Story Tyke reserves the right to modify these Terms from time to time at our sole discretion and without any notice. Changes to our Terms become effective on the date they are posted and your continued use of Story Tyke after any changes to Terms will signify your agreement to be bound by them.
This agreement constitutes the entire agreement between Story Tyke and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Story Tyke, or by the posting by Story Tyke of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the U.S.A, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Maricopa County, Arizona.
Except for claims for injunction or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules.
The arbitration shall take place in Mesa, Arizona, in the English language and the arbitrary decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.
A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Story Tyke may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.