Who Can Use the Site
Terms & Conditions
Use of the Storylava Site is subject to the following terms and conditions:
Definitions. "Site" means (a) all of the contents of and technology available through any Storylava web site including but not limited to (i) all computer information or software; (ii) test, digital files, digital images, timelines, formatted information, photographs and any image files, video clips, and other media, clip art, fonts, text, audio clips and other sounds or other artistic works ("Stock Files"); and (iii) related explanatory written materials or files ("Documentation"). "Use" or "Using" means to access, use, install, download, copy or otherwise benefit from using the functionality of the Site in accordance with the Documentation or online Help files. "Company," "we" and other similar terms means Storylava, a Utah limited liability company, and any subsidiary.
Site License. As long as you comply with the terms of this Agreement, the Company grants you a non-exclusive license to Use the Site for the purposes described on the Site. The Site license granted to you to Use the Site is limited to "personal use," meaning you may Use the Site to create, view and/or purchase products for personal use. This Site license does not allow you to use the Site to create any online product for commercial sale or viewing, or as a service bureau or application service provider, or to perform services for or to provide or produce products to or bundle services to others for a fee. The Site may be used by commercial personal historians and other business use and their customers as a way to collect information and obtain organized output.
You are responsible for the information and materials you use with the Site. You represent that you have the right to reproduce such materials, and that neither such materials nor their reproduction will (i) violate any applicable law or regulation, (ii) infringe any third-party right, or (iii) otherwise be threatening, libelous, defamatory, obscene, pornographic, or objectionable. Storylava will not be liable for any of your acts or omissions, including any damages of any kind incurred as a result of such acts or omissions.
You are also responsible for all activities that occur in your account. Specifically, you are responsible for maintaining the security of your account. If any unauthorized uses of your account occur you must notify Storylava via email by writing firstname.lastname@example.org
You must not copy any photograph, video clip, or audio, electronic or multimedia file that appears to have been taken by a professional photographer, videographer, artist, studio, or copyright holder, even if it is not marked with any sort of copyright, unless you possess a signed Copyright Release from the photographer, videographer, artist, studio or copyright holder.
We reserve the right to not post or reproduce the materials you submit. We are not liable to you or to any third party for such action, whether or not reproduction would have been unlawful.
Your content may not contain unwanted commercial content or information designed to mislead other site users or information designed to drive traffic or site ratings to any third party sites.
You will not use misleading names or a name of another person or organization who has not given your permission to use their name.
Intellectual Property Rights. The Site, Stock Files, Images, Text, visual look and feel, Documentation and brand names, including, but not limited to, "Storylava" and others, are the intellectual property of the Company and/or its licensors and are protected by copyright, including without limitation by United States Copyright Law, international treaty provisions and applicable laws in the country in which it is being used. You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site except to the extent you may be expressly permitted to decompile under applicable law, it is essential to do so in order to achieve operability of the Site with other technology and/or software programs, and you have first requested the Company to provide the information necessary to achieve such operability and the Company has not made such information available.
All Storylava programming, unique names, images, likenesses, slogans, trademarks, logos and copyrights are the exclusive property of Storylava and its subsidiaries. All other trademarks, logos and copyrights are the property of their respective owners.
Products and services provided by Storylava and provided to you are copyrighted and may not be reproduced, including any copying of all or any portion of such products or services, by you in any form without the express written consent of the Company.
DISCLAIMER. STORYLAVA DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SITE. EXCEPT FOR WARRANTING THAT THE SITE WILL SUBSTANTIALLY PERFORM AS DOCUMENTED AND ANY PHYSICAL PRODUCT OR SERVICES PURCHASED WILL BE FREE OF DEFECTS FOR A PERIOD OF 30 DAYS FROM THE DATE OF PURCHASE. TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, STORYLAVA MAKES NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. The provisions of this section shall survive the termination of this Agreement, howsoever caused, but this shall not imply or create any continued right to Use the Site after termination of this Agreement.
Optional Products and Premium Paid Services (Upgrades) may become available on Site for additional fees. If products or service Upgrades are ordered, you agree to pay for the ordered services. Service upgrade fees are non-refundable. You may cancel a service upgrade at any time. If you order a service upgrade your service subscription will automatically renew and you authorize Storylava to collect the then-applicable annual or monthly subscription fee for such using a credit card or other agreed form of payment.
Order and Service Acceptance. We reserve the right, at our sole discretion, to refuse or cancel any orders or services provided for any reason. If a charged service or product is purchased, for your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is delivered. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
Discounts. Reseller discounts are calculated on the total order price of products sold. Discounts do not apply to taxes or shipping and handling.
LIMITATION OF LIABILITY. IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A COMPANY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS, OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. THE COMPANY'S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR ANY PRODUCT PURCHASED ON OR THROUGH THE SITE, IF ANY.
Governing Law. This Agreement will be governed by and construed in accordance with the substantive laws in force in the State of Utah. The respective courts of Salt Lake County, Utah shall have exclusive jurisdiction over all disputes relating to this Agreement. This Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.