Orson –StoryShop Terms of Service
Last updated October 25, 2023.
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. If you do not accept and agree to be bound by any of these Terms, you are not authorized to access or otherwise use the Services or any information or StoryStrip contained on the Services. Your access to and use of the Services constitutes your acceptance of and agreement to abide by each of these terms and conditions set forth below. 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.
1. Definitions. Unless context requires otherwise, capitalized terms not defined within these Terms shall have the following meanings:
- "Authorized Reseller” means a third-party who has been authorized to resell licenses to the StoryShop Services via an executed Reseller Agreement with us;
- “Content” means any pictures, videos, graphics, logos, button items, images, works of authorship and other content you record through, or upload to the Services;
- “Personal Information” or “PI” means information that identifies or reasonably identifies you or another individual.
2. Ownership, Use, and Sharing of the Content.
- Intellectual Property Ownership. We, our affiliates and our licensors will own all rights, title and interest in and to all Services and StoryStrips, including the Licensed Materials (as defined below) contained within an Episode (“Company IP Rights”). Each party will own and retain all rights in its trademarks, logos and other brand elements (collectively, “Trademarks”).
- Licensed Materials. “Licensed Materials” means materials, including, but not limited to templates, processes, audiovisual materials, graphics, images, or documentation that may be provided to you, including by way of incorporation into an Episode, and that Company (i) developed prior to the creation of your Episode or (ii) develops during the course of creating your Episode, but that either (a) is developed at Company’s sole cost, or (b) is generic in nature and used generally in the advertising or digital industries. To the extent that the Services, StoryStrips and/or Episode include any Licensed Materials, you hereby acknowledge ownership of the Licensed Materials by Company or the applicable licensor, and you acknowledge that you do not have any ownership interest in such Licensed Materials. Notwithstanding the foregoing, with respect to any Licensed Materials included with and required for the use of any Episode for its ordinary purpose, Company hereby grants to you, solely for your non-commercial use in connection with the Services and/or Episode, a perpetual, non-exclusive, worldwide, royalty-free license to use, display, perform, copy, and distribute internally, copies of the Licensed Materials owned by Company and their derivative works; provided that, such rights shall cease to exist, without the need for any further action on the part of Company, immediately upon the removal or dissociation of the Licensed Materials from the Services and/or Episode.
- Episode Ownership. You shall own the Episode, subject to any Company IP Rights, Licensed Materials, or restrictions set forth in these Terms. You hereby grant to the Company and its affiliates, licensees and assigns, an irrevocable, perpetual and royalty-free right to use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish and otherwise make use of the Episode in any and all media, whether now known or hereinafter created, throughout the world and for internal business purposes.
- Content and Episode Retention. The Company shall have no obligation to preserve, return or otherwise make available to you or others any Content. In any event, Episode will be deleted from our systems no later than one (1) year after you last access the provided Episode link, but please remember that you should not rely on the Company to store any of your Content or Episode, as that is not part of the Service.
3. Orders, Payment, Accuracy of Information.
- If you are purchasing directly through our website and not as or via an Authorized Reseller, the following provisions apply:
- Your order for Services via StoryShop is an offer to buy. We may refuse or reject or cancel any order at any time, refunding you any monies you have paid for the order, for any reason, including, but not limited to, if your payment cannot be processed, suspected fraud, a violation of these Terms, or for pricing or other errors. ALL SALES ARE FINAL AS OF THE PURCHASE OF THE SERVICES AND THERE ARE NO RETURNS, REFUNDS OR CANCELLATIONS.
- Unless you are an Authorized Reseller, purchases may not be resold. Your purchase is for your own, non-commercial use, not for resale.
- You agree to provide current, complete, and accurate purchase and account information for all purchases. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
4. Feedback. 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.
- By providing us with your Content, you represent and warrant that you have obtained any and all necessary consents from all individuals represented by or present in your Content and are acting as an authorized agent to give consent for us to directly process all Content.
6. Accounts and Registration. 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 may 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.
- Profiles. When you create an Account, you will have the opportunity to create a profile (“Profile”) and to add information, data, video and images to your Profile(s) (“Profile Content”). We encourage you to create and maintain your Profile and to provide relevant, appropriate and current Profile Content in accordance with these Terms. You are responsible for monitoring the Profile Content uploaded or added to your Profile, whether uploaded by the you or by a third party. Please note that you, and not Company, are responsible for maintaining and protecting all Profile Content. Company will not be liable to you for any loss or corruption of your Profile Content, or for any costs or expenses associated with backing up or restoring any of your Profile Content. You understand and intend that allowing access to your Profile or otherwise sharing or disclosing any information with a third party is authorized by you and will not be considered a “disclosure,” access, or use of information by the Company for any purposes.
- You are responsible for any activity that occurs through your Account and you agree you will not sell, transfer, license or assign your account, username, or any account rights. With the exception of third parties that are expressly authorized by you to assist in the creation of the your account, Company prohibits the creation of, and you agree that you will not create, an account for anyone other than yourself. You also represent that all information you provide or provided to Company upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy. You represent and warrant that you have obtained consent from all individuals that appear in your Content or on your Account. Do not provide your password to any other person or use any other person’s username and password. You must notify Company immediately of any breach of security or unauthorized use of your account. Company will not be liable for any losses caused by any unauthorized use of your account.
7. Third Party Carriers and Sites. 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.
8. Prohibited Use.
- Any use or attempted use of the Services (a) for any unlawful, unauthorized, fraudulent or malicious purpose, (b) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (c) that could interfere with any other party's use and enjoyment of the Services, (d) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, (e) to access systems, data or information not intended by Company to be made accessible to you, (f) to attempt to obtain any materials or information through any means not intentionally made available by Company, (or (g) for any use other than the business purpose for which it was intended, is prohibited.
- In addition, in connection with your use of the Services, you agree you will not:
- Deconstruct, remove, or disassociate Licensed Materials from your Episode;
- Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity;
- Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
- Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
- Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
- Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise;
- Violate any applicable local, state, national or international law;
- Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
- Delete or revise any material posted by any other person or entity;
- Manipulate or otherwise display the Services by using framing, mirroring or similar navigational technology or directly link to any portion of the Services without Company’s prior written approval;
- Probe, scan, test the vulnerability of or breach the authentication measures of, the Services or any related networks or systems;
- Harvest or otherwise collect information about others, including names, phone numbers, addresses and e-mail addresses;
- Use any robot, spider, scraper, or other automated or manual means to access the Services, or copy any content or information on the Services; or
- Reverse compile, reverse engineer, reverse assemble, or otherwise attempt, directly or indirectly, to obtain or create source code for the Services for any reason.
9. Right to Monitor. 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.
10. Disclaimer. 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.
11. Limitation of Liability.
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.
12. Indemnification. 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.
13. Term and Termination.
- Term. These Terms become effective on the date that you first purchase, use, and/or access the Services and govern your use of the Services until terminated as provided herein.
- Termination. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use the Services, or when you cease using the Services. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate these Terms at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to the Services or any part thereof.
- Survival. The terms which by their nature are intended to survive termination or expiration of the Agreement shall survive any such termination and expiration including without limitation the following Sections: 2 - 5 and 9 - 14.
- Notices. Any notices to you from Company regarding the Services or these Terms will be posted on the Services or made by e-mail or regular mail.
14. General Provisions.
- Assignment. We may assign, transfer or otherwise dispose of our rights and obligations under these Terms, in whole or in part, at any time without notice to you. You may not assign or transfer any rights under these Terms.
- Governing Law; Jurisdiction; Venue; Severability of Provisions. The Terms are governed by the laws of the State of Florida without regard to any conflicts of law provisions. Any legal proceedings arising from or relating to these Terms shall be brought exclusively in the federal or state courts located in Florida, and the parties hereby consent to the personal jurisdiction and venue of such courts. All parts of these Terms apply to the maximum extent permitted by law. We both agree that if any provision of these Terms is found by a court of competent jurisdiction to be unenforceable as written, then that part will be replaced with terms that most closely match the intent of the unenforceable provision to the extent permitted by law. The invalidity of part of these Terms will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.
- No Agency Relationship. Neither these Terms nor the Services create any partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.
- Time Limitation on Claims. You agree that any claim you may have arising out of or related to your use of the Services or your relationship with us must be filed within one (1) year from the date of the event that gave rise to the claim occurs; otherwise, your claim is permanently barred.