Terms & Conditions

Acceptance

By visiting, using or submitting content to this website, services, products, mobile apps and software (collectively, the "Website" ), you agree to the terms and conditions set forth herein (the "Terms & Conditions" ), which apply to all users of the Website ("Users"). Please do not use the Website if you do not agree to these Terms & Conditions and/or TrueStory’s Privacy Policy.

Access

You are hereby granted permission to use the Website, as set forth in these Terms & Conditions, provided that: (a) you will not alter or modify any part of the Website; and (b) you will comply with these Terms & Conditions. In order to access certain features of the Website, you may have to create an account in your name. You may never use any third party's account without permission. When creating your account, you must provide complete and accurate information. You are solely responsible for all activity on your account and must keep your account password secure. You must notify TrueStory immediately upon any breach of security or unauthorized use of your account. Although TrueStory will not be liable for losses caused by any unauthorized use of your account, you may be liable for losses sustained by TrueStory or others, due to such unauthorized use. While using the Website, you agree not to use any automated systems which access the Website in a manner that sends more request messages to TrueStory’s servers, in any given period of time, than a human can reasonably produce in the same period, by using a convention on-line web browser. You agree not to collect or harvest any personally identifiable information from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Users. All website products, challenges and services are voided where prohibited by law.

Intellectual Property

TrueStory does not claim any ownership over Content you submit or make available on the Website. Ownership is retained by Users at all times. By submitting content to TrueStory you affirm, represent and warrant that the you own (and/or otherwise have the right to submit) the Content submitted or made available by you on TrueStory. However, with respect to content on publicly accessible areas of the Website, you hereby grant TrueStory, as well as its partners and sponsors, the right to display the Content and the right to use the Content to promote the challenges(s) on social media and other websites. In such cases, credit will be explicitly given to you as the owner of the Content. The foregoing notwithstanding, User shall at all times retain all copyright interest in any and all images submitted.

Copyright

For any complaints regarding copyright infringement, please send an email to mike+support@truestory.ai.

Third Party Websites

The Website may contain links to third party websites that are not owned or controlled by TrueStory. TrueStory has no control over and assumes no responsibility for, the content, privacy policies, or practices of any such third party websites. In addition, TrueStory will not and cannot censor or edit the content of any third party site. By using the Website, you expressly relieve TrueStory from any and all liability arising from your use of third-party websites. We encourage you to be aware when you leave the TrueStory Website and to read the terms and conditions and privacy policy of each other website that you visit.

Submissions

The Website permits the submission of images, photos and other communications and materials ( "Submissions") and the hosting, sharing, and publishing of such Submissions. Whether or not such Submissions are published, TrueStory does not guarantee the confidentiality of any submissions. By submitting any of your material to the Website, you grant TrueStory the right to provide exposure to your materials by posting it on the web and using it in the promotion of the Website and TrueStory. All used images are credited to their respective photographers and will not be used, except as permitted by these Terms & Conditions. All images shall be used solely in the context of promoting the Website, at the Website's sole discretion and with no additional compensation owed to the Users. Users shall at all times retain all copyright interest in any and all images they submit. You shall be solely responsible for your own Submissions and the consequences of posting or publishing them. In connection with your Submissions, you affirm, represent, and warrant that you own or have the necessary licenses, rights, and permissions to use and authorize TrueStory to use all patent, trademark, trade secret, copyright, or other proprietary rights in and to any and all Submissions to enable inclusion and use of the Submissions in the manner contemplated by the Website and these Terms & Conditions and you have the written consent, release, and permission of each and every identifiable individual person in the Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submissions in the manner contemplated by the Website and these Terms & Conditions. You retain all of your ownership rights in your Submissions. However, by submitting the Submissions to TrueStory , you hereby grant TrueStory a worldwide, non-exclusive, royalty-free and transferable license to display content to other Users and visitors. With respect to Submissions you submit or make available on publicly accessible areas, a license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such submissions is hereby granted to TrueStory, solely for the purpose of providing and promoting the specific TrueStory file to which such Submissions were submitted or made available. This license exists only for as long as you elect to continue to include such Submissions on the Website and will terminate at the time you remove or TrueStory removes such Content from the Website. "Publicly accessible" areas are those areas which are intended by TrueStory to be available to the general public. For example, publicly accessible areas would include message boards and portions of TrueStory groups, photos and sharing that are open to both members and visitors. However, publicly accessible areas would not include portions of the Website that are limited to members, or areas such as World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by TrueStory.In connection with Submissions, you further agree that you will not: (a) submit materials that are copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant TrueStory all of the license rights granted herein; (b) publish falsehoods or misrepresentations that could damage TrueStory or any third party; (c) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (d) post advertisements or solicitations of business, or (e) impersonate another person. TrueStory does not endorse any Submission or any opinion, recommendation, or advice expressed therein and TrueStory expressly disclaims any and all liability in connection with Submissions. TrueStory does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and TrueStory will remove all content and Submissions, if properly notified that such content or Submissions infringes on another's intellectual property rights. TrueStory reserves the right to remove content, close accounts and Submissions without prior notice. TrueStory will also terminate a User's access to its Website, if they are determined to be an infringer. TrueStory also reserves the right to decide whether Content or a Submission is appropriate and complies with these Terms & Conditions for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. TrueStory may remove such Submissions and/or terminate a User's access for uploading such material in violation of these Terms & Conditions at any time, without prior notice and at its sole discretion.

Content on The TrueStory Website

TrueStory’s content on the Website ("Content") is provided to you AS IS, for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. TrueStory reserves all rights not expressly granted in and to the Website. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein. You may not harvest or collect information, including screen names, about other members or Users. The use of any information learned through the Website is limited to the express purposes set forth in these Terms & Conditions; all other uses are strictly prohibited.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TrueStory, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. TrueStory MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. TrueStory DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TrueStory WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

IN NO EVENT SHALL TrueStory, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT TrueStory SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE WEBSITE IS HOSTED BY TrueStory IN THE UNITED STATES OF AMERICA. TrueStory MAKES NO REPRESENTATIONS THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, an emancipated minor or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms & Conditions and to abide by and comply with these Terms & Conditions. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, please do not use the Website.

Assignment

These Terms & Conditions, including any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TrueStory without restriction.

Indemnification

You agree to defend, indemnify and hold harmless TrueStory, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Website; (b) your violation of any term of these Terms & Conditions; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (e) any claim that one of your Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms & Conditions and your use of the Website. You agree to defend, indemnify and hold harmless TrueStory, its parent corporation, affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: the Website or TrueStory’s third party server failure, deficiency, collapse or any other circumstance resulting in a complete loss of digital property and/or documents and any and all Submissions. TrueStory is a platform designed for the storage, management and the sharing of files and Users are responsible to always maintain an original copy of any submitted file in case of a complete loss.

General

These Terms & Conditions, together with the Privacy Policy and any other legal notices published by TrueStory on the Website, shall constitute the entire agreement between you and TrueStory concerning the Website and shall be governed by and construed in accordance with the Laws of the State of California and the parties submit to the exclusive jurisdiction of the courts of Los Angeles County. If any provision of these Terms & Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms & Conditions, which shall remain in full force and effect. No waiver of any term of these Terms & Conditions shall be deemed a further or continuing waiver of such term or any other term, and TrueStory’s failure to assert any right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision. TrueStory reserves the right to amend these Terms & Conditions at any time and without notice, and it is your responsibility to review these Terms & Conditions for any changes. Your use of the Website following any amendment of these Terms & Conditions will signify your assent to and acceptance of its revised terms. YOU AND TrueStory AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.