Effective Date: October 19, 2023
Thanks for using our websites, products and services (collectively, the “Services”). The Services are provided by StoryWorth, Inc. (“Storyworth” or “we”), located at 2093 Philadelphia Pike #1080, Claymont, DE 19703, United States of America.
These Terms of Service (these “Terms”) apply to anyone who uses our Services, which includes people who have signed up or have been invited to sign up for an account with Storyworth, people who visit our website and people who are consuming content published by Storyworth (such as our podcast episodes or marketing emails).
Additional terms and information about the Services are provided in the FAQs section of our website located at https://www.storyworth.com/faq. All our responses to those questions are incorporated into these Terms by reference and shall also govern the Services. By using our Services, you are agreeing to these Terms (including the responses in our FAQs) and our Privacy Policy located at https://welcome.storyworth.com/legal/privacy-policy. Additional information about our Privacy Policy is provided below.
You must be at least 13 years old to use our Services. If you use our Services, you are warranting that you meet that minimum age requirement. If you are a minor, you acknowledge that you have a parent or guardian’s permission to use the Services and agree to these Terms.
THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND. IN ARBITRATION THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
Please read these Terms, our Privacy Policy and our FAQs carefully. If you do not accept these Terms or the Privacy Policy, please do not purchase, use or access the Services.
Acceptable Use: You may use our Services only as permitted by law and you may not misuse our Services in any way.
For example, you may not
We may suspend or stop providing our Services to you at any time, including if you do not comply with these Terms or any other policies or if we are investigating suspected misconduct.
Your Storyworth Account: If you request to create an account with us, or if someone invites you to use our Services, then an account may be created for you and you will be required to provide certain information in connection with such account.
You must provide complete, current and accurate information about yourself as requested, and you must keep that information up to date.
You are responsible for safeguarding the confidentiality of your account information, and you are also responsible for all activity conducted using your account. Please notify us immediately of any unauthorized use of your account.
Making Purchases: We hope that you will choose to purchase our products. If you do, we will ask you to supply certain information applicable to your purchase, such as payment information. Any such information will be treated as described in our Privacy Policy.
Our current prices can be found on our website, but the products we sell and the prices we charge may be changed at any time.
While this has rarely been the case in practice, we reserve the right, with or without prior notice, to
We will replace products that arrive with printing defects or shipping damage. We ask that you send us photographs for our documentation.
We care a lot about offering reliable and easy to use Services, but we do not offer any warranties with respect to the Services.
Please see our FAQs for additional information related to shipping, returns and refunds.
Third-Party Services: Our Services may display some content that is not Storyworth’s and/or may direct you to sites, software or services owned or operated by third parties (“Third-Party Services”).
While we take great care to only work with Third-Parties that we trust, we have no control over and are not responsible for the content and operation, or the privacy or other practices, of such Third-Party Services. The fact that our Services contain or direct you to such Third-Party Services does not mean we approve or endorse them.
You agree that your use of Third-Party Services, including your use of any content, information, data, advertising, products, or other materials on or available through such Third-Party Services, is at your own risk and is subject to the terms and conditions of use applicable to such Third-Party Services.
Social Media and Other Services: Our Services do not require connecting to any third-party social media and other service providers such as Google or Facebook.
However, you have the option of granting us access to your accounts with certain third-party social media and other service providers, such as Facebook or Google (each, a “Social Network Provider”), so that you can share photos, contacts and other content (collectively, the “Social Content”) from those accounts with us.
By granting us access to your Social Content, you understand that we will access, make available and store (if applicable) your Social Content so that it is available through the Services exclusively for your use within the Services.
You have the ability to disable the connection between our Services and your social network accounts at any time. Please note that your relationship with each Social Network Provider, including your rights with respect to any Social Content that you provide to them and the storage of such content, is governed solely by your agreements(s) with such provider.
Content Submitted By You: When you upload or otherwise provide written materials, photographs, voice and/or video recordings or other content (collectively, the “Content”), you retain ownership of any intellectual property rights in that Content and merely give us a license to use the Content to provide the Services to you and for any other purpose you have agreed to (for example, if you have agreed to allow us to use your Content for marketing purposes).
Such license granted to Storyworth is worldwide, perpetual, sublicensable and transferable. In short, what belongs to you stays yours – we will merely use that Content as agreed on with you. Please note that, while you retain ownership of your Content, any template or layout in which you arrange or organize such Content through tools and features made available through the Services is proprietary to, and will remain with, us.
You are fully responsible for the Content you share with us. If you share the Content publicly, you do so at your own risk and Storyworth will not be responsible for any users’ actions with regards to such Content.
You hereby represent and warrant that
For any videos or photos you provide to and agree to be used by Storyworth for marketing purposes , if anyone else appears in that Content, you must receive their permission to share the Content with Storyworth. If any such person is under the age of 18, you must obtain permission from such person’s parent or guardian.
While we don’t typically review our customers’ Content, we see a subset of Content as part of providing our Services, for example when providing customer support (see more in our Privacy Policy). If we come across Content which we determine is illegal or violates our policies, we may remove, filter or refuse to display Content that we reasonably believe violates our policies or the law. That does not necessarily mean that we review Content, so please don’t assume that we do.
We are not responsible for any loss or removal of your Content, and you should keep back-up copies of your Content in your own records. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
Intellectual Property Rights: As described above under “Content Submitted By You”, you retain the intellectual property rights of content submitted by you. Using our Services does not give you ownership of any intellectual property rights in our Services or anything you access through our Services. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law.
These terms do not grant you the right to use any branding or logos used in our Services. If you would like to use our branding or logo, please email us at legal@storyworth.com to request permission. Don’t (i) remove, obscure, or alter any legal notices displayed in or along with our Services or (ii) modify, adapt, translate, distribute, publicly display, reverse engineer, decompile or disassemble any portion of our Services.
Privacy Policy: We want our customers to feel comfortable sharing their most meaningful stories, so we take your privacy very seriously. Our Privacy Policy found at https://welcome.storyworth.com/legal/privacy-policy explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Storyworth can use such data in accordance with such Privacy Policy.
Accessibility: It is important to us that anyone who wants to access our Services is able to. To read our accessibility statement, please go to https://welcome.storyworth.com/accessibility.
The next few sections cover certain legal matters. A lot of this language is dictated by laws and legal norms, and while the language may be a bit dry and complicated, it is important that you review these provisions. Please feel free to reach out to us if you have any questions about these next few sections.
Copyright and Trademark Issues: While we are not obligated to review Content for copyright or trademark infringement, we are committed to protecting copyrights and trademarks and expect users of our Services to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.
The DMCA also requires that we notify you of how to contact us if you have a concern about the infringement of your rights and prescribes the form that notice must take, as set out below. If you believe that any content in the Services infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our Copyright Agent at the following address with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
Address:
Storyworth, Inc.
Copyright Agent
2093 Philadelphia Pike #1080, Claymont, DE 19703, United States
Email: legal@storyworth.com
Disclaimer of Warranties: We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them, but we do not make any promises about our Services. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL IMPLIED WARRANTIES.
Indemnification and Limitation of Liability: You agree to defend, indemnify and hold harmless Storyworth from all damages, losses, expenses (including reasonable legal fees), claims, suits or actions related to your breach of these Terms or violation of applicable laws.
WHEN PERMITTED BY LAW, STORYWORTH, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR CONTENT, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF STORYWORTH, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR IF YOU HAVE NOT PAID ANYTHING TO US, THEN $50). YOU SPECIFICALLY ACKNOWLEDGE THAT STORYWORTH IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES OR ANY THIRD-PARTY CONTENT.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANY PRODUCT YOU HAVE PURCHASED IS TO OBTAIN A REFUND, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANY OTHER PORTION OF THE SERVICES IS TO STOP USING SUCH SERVICES.THE LIMITATIONS SET FORTH IN THIS PARAGRAPH SHALL APPLY WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND EVEN IF STORYWORTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Arbitration Agreement; No Class Action. You and we agree that you (in your individual capacity only) and we may bring claims against each other in arbitration only, and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative action, and that any dispute between you and us (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by binding individual (not class) arbitration. The arbitrator has the authority to, among other things, enforce the prohibition on class or representative actions. Unless both you and we agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief or request for relief (such as a request for public injunctive relief) and all appeals have been exhausted or the decision is otherwise final, then the parties agree that such a claim or request for relief shall be decided by a court only after all other claims and requests for relief are arbitrated. If in the process of arbitrating a dispute this Arbitration Agreement is invalidated in whole, the parties agree that they may seek to resolve the dispute solely in the federal or state courts of New Castle County, Delaware, USA.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. The arbitrator can award the same damages and relief to you or us as a court (including attorneys’ fees and costs where allowable under applicable law). This arbitration provision will survive termination of these Terms.
Modifying or Terminating the Services: We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend, add limits to or stop a Service altogether. You can stop using our Services at any time, although we’ll be sorry to see you go. We believe that you own your Content and preserving your access to such Content is important. If we discontinue part of the Services, where reasonably possible, we will give you reasonable advance notice and a chance to get Content out of that part of the Services. We have the right to terminate your account for any reason. If we choose to terminate your account, we’ll send you a digital backup, and refund all non-book purchases.
Changes To These Terms: Storyworth reserves the right to revise these Terms at any time by posting an updated version to our website. You should visit this page periodically to review the most current terms, because they are binding on you. We will note any recent changes on this page so that it’s easy for you to find and review them. By continuing to access or use the Services after updated terms have been posted, you agree to be bound by the updated terms. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service. We can also notify you of any new changes to our Terms via email if you sign up for email updates here.
Miscellaneous: These Terms control the relationship between Storyworth and you. They do not create any third party beneficiary. These Terms are not assignable, transferable or sublicensable by you except with our prior written consent. If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of Delaware, U.S.A., excluding Delaware's conflict of laws rules, will apply to any disputes arising out of or relating to these Terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of New Castle County, Delaware, USA, and you and Storyworth consent to personal jurisdiction in those courts.
Disputes: If you are unhappy with our Services, please reach out to us. We always try to resolve things amicably, so we’ll do our best to make things right by you. To contact Storyworth, please email us at hello@storyworth.com or call us at (888) 745-1080.
