Storypillar | Terms and Conditions

Website Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

PowerMouse Press LLC, also known as Storypillar, is a podcast for children and adults. Storypillar is intended only for viewing and retrieving of stories and social emotional suggestions for kids and is maintained as a service to the public and educators.

We provide content and services available on our website (www.storypillar.com) (the “Website”) subject to the following terms and conditions of use (the “Terms”). For the purposes of these Terms, Storypillar is referred to as “SP”, “us”, “our” and “we”, and you as the user or browser of our Website are referred to as a “you”, “your”, “user” or “contributor”.

By accessing or using any portion of the Website, including any service or content, you are acknowledging that you have read, understand, and accept these Terms and agree, without limitation or qualification, to be bound by these Terms. If you do not agree to be bound by these Terms, please do not access or use this Website.

1. Changes To These Terms

We reserve the right, in our sole discretion, to change, add, or remove portions of these Terms at any time and for any reason. If we change these Terms, we will post the revised version here on the Website, and such changes will be effective immediately upon that posting. Accordingly, you should periodically review these Terms when accessing or using the Website. Each use of the Website constitutes your agreement to be bound by and comply with the then-current Terms. If, at any time, you no longer agree to be bound by or comply with these Terms, then you should stop accessing and using the Website. If you have any questions about these Terms, please contact us at: info@storypillar.com.

2. General Conditions of Use

By agreeing to these Terms or by using the Website, you represent that you are at least eighteen (18) years of age or older. Minors may use this Website under the supervision of their parents or legal guardians who agree to be bound by these Terms on their behalf. If you are a parent or legal guardian agreeing to these Terms on behalf of a minor, then you are fully responsible for their use of this Website, including all liabilities.

You consent to receiving communications from SP including but not limited to, e-mails, text messages, and/or calls regarding updates to the Website, marketing, advertisement, and any other relevant information.

SP reserves the right to refuse access to the Website to anyone, for any reason, including but not limited to, any breach or violation of these Terms, at any time at its own discretion. SP reserves the right, but does not have any obligation, to pre-screen, refuse, and/or delete any content from the Website.

You may not use the Website for any illegal or unauthorized purpose, nor may you violate any laws, rules, or regulations in your jurisdiction. You agree not to make use of the Website for the purpose of any

harmful or deceitful conduct, including, but not limited to: (a) causing harm to minors in any manner whatsoever; or (b) impersonating any individual or entity, or otherwise misrepresenting any affiliation with an individual or entity.

3. Privacy

Please review our Privacy Policy (https://www.storypillar.com/privacy-policy-page) to understand how we collect, use, share and protect personal information gathered from the Website. By using the Website, you also agree to the terms of our Privacy Policy (https://www.storypillar.com/privacy-policy-page).

4. Ownership & Intellectual Property

SP owns, solely and exclusively, all right, title, and interest in and to all “Intellectual Property” which is defined as:

a) the Website, including all content, logos, trademarks, software code, data, the look, feel, design and organization of the Website, and the compilation of the content, code, data, and materials on the Website including any intellectual property and/or proprietary rights; and

b) SP’s business model, client lists, methodologies, pricing, and any other relevant information. SP reserves all rights in and to the Intellectual Property not granted expressly in these Terms.

For clarity, SP has granted you a personal, non-transferable, non-exclusive right and license to make use of its Intellectual Property as long as you do not, and shall not, allow any third-party to duplicate, create or plagiarize work from, reverse engineer, or otherwise make an attempt to sublicense, sell, assign, and/or otherwise transfer any such right.

All elements and aspects of the Website, Materials, or any other elements developed and offered by SP are owned and controlled by SP, including, but not limited to client logos, graphics, images, photographs, text, videos, interfaces, trademarks, computer code, and any other content of on the Website. This also includes the design, structure, organization, presentation, arrangement, expression, and the aesthetic of the Website and materials.

You may not use, reproduce, copy, modify, republish, perform, display, disassemble, reverse engineer, translate, or distribute assets in any way to any person, computer, server, website, or other entity for any commercial purpose without SP’s explicit permission. The term “commercial purpose” means that you are prohibited from selling, licensing, renting, using in your own businesses or websites, incorporating into marketing materials or presentations, or making any other commercial use of the Intellectual Property.

Your Content. If you post, upload, or make available any, information, data, text, files, communications, or other materials regarding the Website on your website, blog, article, or social media website (“Your Content”), you hereby grant SP a perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable, transferable (in whole or part), worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform, or otherwise exploit Your Content including your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised in connection with the Website, including but not limited to advertising, promoting, and marketing the Website, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve Your Content or any use of Your Content. You waive all moral rights to Your Content, which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation on SP’s part, whether of confidentiality, attribution or otherwise, and we will not be liable for any use or disclosure of any Your Content.

5. Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please contact SP with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. §512:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

Information reasonably sufficient to permit us to contact the complaining party;

A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For copyright inquiries under the DMCA please contact:

Storypillar C/O PowerMouse Press, LLC 418 Broadway, STE R Albany, NY 12207

info@storypillar.com

6. Your Use Of Our Website

You may access copyrighted material available on the Website for your personal use or educational use only. We grant you a limited, revocable, and non-exclusive right to access and use the Website and the Content, and to print a reasonable number of pages from the Website, for your own informational use, or for educational purposes only. Except as otherwise expressly permitted under copyright law, no copying, downloading, redistribution, re-transmission, publication or commercial exploitation of any content, in whole or in part, is permitted without the express permission of SP and/or the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading or using copyrighted material.

In using content in accordance with this Agreement, you may not:

(a) state or imply that SP is endorsing you, your viewpoints or any of the products or services that you or

your organization may provide, or
(b) represent that you or your organization has a relationship with SP or any of the content or services that SP provides unless that relationship is the subject of a written agreement between you and SP.

We do not give you the right to, and you may not:

(a) use the Website in any way that violates any applicable federal, state, local, or international law or regulation;

(b)

(c)

make any use of the Website or its content for any commercial use, including resale, re-circulation or redistribution, or use or allow the use of the Website or its Content by or for the benefit of, any other person or entity, except with our express prior written permission or as expressly permitted in this Agreement;

modify, transmit, participate in the sale or transfer of, or create derivative works based upon any Content except with our express prior written permission or as expressly permitted in this Agreement.

Submitting Materials To Our Website

Users are invited to submit questions, suggestions, and art (referred to as “Materials”). These Materials are collected in accordance with our Privacy Policy (https://www.storypillar.com/privacy-policy-page). In relation to submitted Materials:

(a)

(b)

(e)

(g)

(h)

(i) (j)

(k) (l)

You must send Materials as required in the contact forms on our Website. SP will not be responsible for incorrect entries, or Materials submitted through other routes. SP is not responsible for Materials that are sent to but not received by SP for any reason.

Any individual whose Materials are selected for use in SP’s podcast, website, or social media will be notified by email.

There is no limitation on the number of submissions per individual.

To be considered for inclusion in SP’s podcast, Website, or social media, Materials must be written in English.

SP may use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish, and otherwise make use of Materials in any and all media, whether now known or hereinafter created— throughout the world and for any purpose—without compensation to you of any kind.

By submitting Materials to SP, you represent and warrant that the Materials do not infringe on any copyright, trademark, property rights, rights of privacy or publicity of any person, or any other right of any third party and that you have the full and unrestricted right to transfer the Materials to SP free and clear of any claims or encumbrances.You acknowledge and agree that SP shall have no obligation to use, post, display, or otherwise make publicly available any Materials that you submit.

You agree to hold SP and its officers, directors, employees, agents, successors, and assigns harmless from and against—and hereby waive any right to pursue—any claims of any nature that arise in connection with SP’s use of the Materials submitted to SP and used in any manner in SP’s sole and absolute discretion.

Material submissions are null and void in any jurisdiction where they are prohibited by law.

SP reserves the right in its sole and absolute discretion to terminate any use of submitted Materials at any time without prior notice.

SP reserves the right in its sole and absolute discretion to alter submission guidelines and methods at any time.

Materials are chosen for inclusion in SP’s podcast, website, or social media by SP on the merits of each entry, in SP’s sole and absolute discretion.

(m) No purchase or payment of any consideration is necessary to submit Materials.

(n) By submitting Materials, you conclusively are deemed to have agreed to be bound by these submission requirements and terms and conditions as well as by any guidelines specific to that

submission. This is an irrevocable condition of submission

8. Comments, Ratings, and Reviews

You may have the option to provide a rating and/or comment on the Website (“Feedback”). Any Feedback you leave must reflect your honest experience for its intended purpose and must comply with the any community guidelines as outlined in these Terms. SP may remove Feedback for any reason, at any time, without notice.

You agree not to make or communicate to any person or entity, in any media or public forum, including any social media network, any comments or statements (written or oral) that intentionally or unintentionally, or is reasonably certain to, disparage, create a negative impression of, or is detrimental to the reputation of SP, including any of its employees or contractors, or the services associated therewith.

9. Representations and Warranties

YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND YOU ACKNOWLEDGE THAT THE WEBSITE AND ALL CONTENT THEREIN ARE PRESENTED “AS IS” AND “AS AVAILABLE.” TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS, THE WEBSITE, OR THE CONTENT OR TRADEMARKS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, AVAILABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.

10. No Professional Advice

The information provided on this Website does not, and is not intended to, constitute legal, tax, investment, financial, health or other advice. Instead, all information, content, and materials available provided to you are for general informational purposes only. You should contact their attorney to obtain advice with respect to any particular legal matter.

11. Limitation of Liability

YOU AGREE THAT SP, AND OUR AFFILIATES, PARTNERS, OWNERS, AGENTS AND EMPLOYEES (“SP PARTIES”) WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR INTERRUPTIONS TO THE WEBSITE; (c) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, LOSS, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF THE PRESENCE OF OR HYPERLINKING TO OR FROM NON-SP LINKS ON THE WEBSITE; (e) COMPUTER VIRUSES, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS, SYSTEM FAILURE OR MALFUNCTION WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DURING HYPERLINKING TO OR FROM NON-SP WEBSITES; (f) INJURY OR DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE; OR (g) EVENTS BEYOND SP’S REASONABLE CONTROL. FURTHER THE SP PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE WEBSITE OR THE CONTENT OR TRADEMARKS THEREIN (OR YOUR USE THEREOF) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF SP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS LIMIT THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE EXCLUSIONS OR DAMAGES OR LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE SP PARTIES WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY SUCH LAW. IN NO EVENT SHALL THE SP PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE)

EXCEED $50.00 USD.

12. Indemnification

You agree, at your own expense, to defend, indemnify and hold the SP Parties harmless for any loss, damages or costs incurred by the SP Parties, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand arising out of or relating to (a) your use of the Website; (b) your violation of these Terms or any law or the rights of any third party; or (c) any submission that you input, post, upload, distribute, e-mail, transmit or otherwise make available through the Website. You may not in any event settle any such third party claim, action, or demand without our written consent. SP reserves the right to, in its sole discretion and at its own expense, participate in or assume the exclusive defense and control of any such third party claim, action, or demand otherwise subject to indemnification by you.

13. Governing Law and Venue

These Terms are governed by the laws of the State of New York without regard to any conflict of law principles thereof that might lead to the application of the laws of another jurisdiction. You hereby irrevocably consent to the exclusive personal jurisdiction of, and venue in, the state and federal courts located in New York County, New York, with respect to any disputes arising out of or relating to your use of the Website, and you hereby irrevocably waive all defense of lack of personal jurisdiction and forum non- conveniens. Any cause of action or claim you may have arising out of or relating to the Terms or the Website must be commenced within one (1) year after the case of action accrues. Otherwise, such cause of action or claim is permanently barred.

14. Termination

You may not use the Website for any illegal or unauthorized purpose, including a violation of any laws, rules, or regulations in your jurisdiction (including, but not limited to, copyright or trademark laws). You also represent and warrant that you are using the Website for your own personal use only, and not for resale, export, publication, re-use, or any other similarly unauthorized use. A breach or violation of any of the Terms will result in an immediate termination of your access to the Website.

You agree that SP may, without prior notice, immediately suspend, terminate, discontinue and/or limit your use of the Website, for any reason, including but not limited to:

(a) any breach or violation of these Terms or any other incorporated agreement, regulation, or guideline;
(b) by way of request from law enforcement or any other governmental agencies;
(c) the discontinuance, alteration, or material modification to the Website, or any part thereof;
(d) any engagement by you in any fraudulent or illegal activities; or
(e) the non-payment of any associated fees that may be owed by you.

Furthermore, you agree that all terminations, suspensions, discontinuances, and or limitations of your access to the Website shall be made in SP’s sole discretion and that it shall not be liable to you or any other third-party regarding access to the Website, SP reserves the right to refuse services to anyone, for any reason, at any time in its sole discretion. SP reserves the right, but does not have the obligation, to pre-screen, refuse and/or delete any content currently available through the Website. In addition, SP reserves the right to remove and/or delete any such content that would violate these Terms, or which would otherwise be considered offensive.

15. Arbitration

If a controversy or claim should arise, the parties will first attempt in good faith to resolve such controversy or claim by negotiation. If the matter has not been resolved within thirty (30) days by negotiation, the parties will attempt in good faith to resolve the controversy or claim in accordance with mediation, with mutually agreeable rules. If the matter has not been resolved by mediation within sixty (60) days of the commencement of mediation, or if either party will not participate in mediation, then the controversy shall be settled by binding arbitration. The written decision of the arbitrator shall be binding and conclusive on the parties. The parties agree that there shall be no pre-arbitration discovery and the arbitrator shall not award punitive damages to either of the parties. Judgment may be entered in any court having jurisdiction.

16. Class Action Waiver

Any arbitration shall be conducted in each individual’s capacity only and not as a class action or other representative action. You expressly waive your right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

17. Notices

SP may provide any notice to you under these Terms by (a) sending a message to the e-mail address you provided; or (b) by posting directly to the Website. Notices sent by e-mail will be effective on the date the e-mail is sent, and notices that are posted on the Website will be effective upon posting. It is your responsibility to keep your e-mail address current and review any new notices on the Website. To provide SP notice under these Terms, you must contact us by e-mail, personal delivery, overnight courier, or by certified mail. Notice provided by e-mail shall be effective upon being sent. Notice provided by personal delivery shall be effective immediately. Notice provided by overnight courier shall be effective one business day after it is sent. Notice provided by certified mail shall be effective three business days after it is sent.

18. Miscellaneous

Entire Agreement. These Terms, together with Our Privacy Policy, constitute the complete and exclusive agreement between you and SP concerning your use of the Website, and supersede and govern all prior proposals, agreements, or other communications. Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between SP and you. Nothing contained in these Terms provides any person or entity not a party to these Terms with any remedy, claim, liability, reimbursement, or cause of action, or creates any third party beneficiary rights.

Waiver. Our failure to enforce or exercise any provision or right hereof shall not constitute a waiver of such provision or right, nor shall Our waiver of a breach of any provision hereof be taken or held to be a waiver of that provision at any other time.

Severability. In the event that any provision of these Terms shall be declared unenforceable or invalid under any applicable law by a court of competent jurisdiction, such provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in force and effect. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, Our original objectives and intent as reflected in the original provision.

Survival. The provisions set forth in these Terms, and any other right or obligation of the parties in this Agreement that, by its nature, should survive termination or expiration of this agreement, will survive any expiration or termination of this agreement.

Third-Party Content. This Website may contain links and references to other third-party service providers (“Third-Party Content”). Third-Party Content is provided as additional information. SP is not

responsible for any Third-Party Content or the actions of those that provide such content. Any information regarding a Third-Party found on the Website does not imply that SP endorses or accepts any responsibility or liability for the Third-Party, or vice versa.

Waiver. The failure by SP to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of SP.

Notice to California Users. Under California Civil Code Section 1789.3, California Usersof the Website are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

Notice to New Jersey Users. If you are residing in New Jersey, the following provisions of these Terms do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) the disclaimer of liability for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code, and New Jersey Consumer Fraud Act; (b) the limitations of liability for lost profits or loss or misuse of any data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) application of the limitations of liability to the recovery of damages that arise under contract and tort, including negligence, strict liability, or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (d) the requirement that you indemnify SP (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (e) the Georgia governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).

These Terms and the Privacy Policy (https://www.storypillar.com/privacy-policy-page) will be deemed the final and integrated agreement between you and SP on the matters contained herein. You acknowledge and agree that these Terms are binding and shall govern the relationship between you and SP in connection to the use of the Website.