Storychest®
Terms of Service

Last Updated: 20 November 2017

Thank you for joining Storychest!

Storychest Limited is a company registered in England and Wales under registration number 08867594 (Storychest, we, our or us) with its registered office at 15-19 Cavendish Place, London W1G 0DD, United Kingdom.  We operate the Storychest service which consists of mobile applications and websites hosted or made available by Storychest, which you may use or access for uploading, capturing, organising, searching, commenting on (including ‘liking’), storing and sharing stories containing text, photos, videos and other media on multiple computer and network platforms (collectively, the Service).

Our Service is designed to give you comfort that your precious memories will be kept safe, secure and private and that your content will be controlled by you.  The principles underpinning this motivation, as further described in the terms and conditions below, are:

We welcome you to access and use our Service, but please note that your use is subject to your review and agreement with certain terms and conditions. Our terms and conditions are set out in this document and the separate Privacy Policy and may be updated from time to time (Terms of Service). Please read these Terms of Service carefully.

By registering an account with us, and accessing and using our Service, you are deemed to accept the Terms of Service and be a party to a legally binding contract with Storychest.  You need not accept this requirement to agree to our Terms of Service, but if you reject our Terms of Service you do not have any right to access or use our Service.

You may wish to save a copy of these Terms of Service for your records, or you may request a copy by emailing us using the contact details below. Please regularly check these Terms of Service for any updates or other changes, which will be legally binding upon you when we post them, whether or not we provide you any other notice of such changes. The up to date Terms of Service will be posted on our mobile applications and websites and the effective date of each update will be shown at the top of the Terms of Service. Your continued use of the Service after any update will be deemed to represent your consent to be bound by the new Terms of Service.  If you do not agree to any change to these Terms of Service, you must immediately stop using the Service.

1.    Our licence to you

Subject to your compliance with these Terms of Service, Storychest grants you a limited, personal, non-commercial, non-transferable, non-exclusive and revocable licence to use the Service and the software used in the provision of the Service as permitted by these Terms of Service.  Any rights not granted expressly by us to you in these Terms of Service are reserved.

2.    Your account

In order to use the Service, you must register for an account with us.  You will be required to provide information about yourself that is true, accurate, current and complete including your name and email address as part of the registration process.  We need this information in order to enable you to properly use the Service, including to connect with and be identified by your friends and family through the Service. You will be responsible for maintaining the accuracy, currency and completeness of such information. You will be provided with an account and you will be required to set up a password to access and use the Service.  The information obtained as part of the registration process, your password, and any other information contained in your user profile will be referred to in these Terms of Service as your Account Information.

You are responsible for maintaining the confidentiality of your Account Information and you will be fully responsible for all activities that occur under your account, including activities of others to whom you have provided your Account Information. You agree to immediately notify Storychest of any unauthorised use (suspected or actual) of your Account Information, your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to provide us with accurate, current or complete information or to keep your Account Information secure.

3.    Your age

By using the Service and accepting the Terms of Service, you confirm that you are at least 13 years old.  If the law in your jurisdiction requires that the minimum age for use of the Service is older than 13 years old, then you confirm that you are at least that minimum age.

4.    Storychest rules on content and acceptable use

You agree that all information, data, text, images, sounds, video, messages, labels and other materials, in whatever form and technical structure uploaded to the Service (User Content), are the sole responsibility of the person(s) originating the User Content and uploading the User Content to the Service. We reserve the right, but shall have no obligation, to pre-screen, reject, review, quarantine, delete or move any User Content available with the Service for any reason in our sole discretion and without liability to any person. You agree that you are responsible for your own conduct and all conduct under your account, and all User Content that is created, transmitted, stored or displayed by anyone using your Account Information within the Service and for any consequences arising as a result thereof.

You agree to use the Service only for purposes that are legal, proper and in accordance with these Terms of Service, and all applicable laws and regulations in the relevant legal jurisdictions (including, without limitation, laws and regulations relating to the recording of audio/ audio visual content, copyright laws, defamation laws, privacy laws and the storage and transmission of data and technology). You represent and warrant to Storychest that you have the unfettered legal rights and authority to submit your User Content to Storychest in connection with your use of the Service, and that the rights you grant to Storychest in connection with the inclusion of your User Content in the Service do not infringe the rights of any person or third party.

You specifically agree that you will NOT in using the Service:

(a) upload, post or transmit any User Content that infringes any patent, trade mark, trade secret, database, design, copyright or other proprietary rights of any party or otherwise breaches any obligation of confidentiality to any party in any relevant jurisdiction;

(b) upload, post or transmit any User Content that is unlawful, obscene, defamatory, libellous, threatening, harassing, hateful, racially or ethnically offensive in any relevant jurisdiction;

(c) impersonate any person or entity, including, but not limited to, any Storychest staff member, or falsely state or otherwise misrepresent your affiliation with Storychest or any other person or entity;

(d) “stalk” or otherwise harass another person, or take any action invasive to another’s privacy (by posting, for example, another’s photograph, address, email, phone number or any other contact information) without permission from such other person;

(e) upload, post or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality, circumvent the security features, navigational structure or presentation of the Service, or any computer software or hardware or telecommunications equipment;

(f) upload, post or transmit any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation;

(g) use the Service for illegal purposes or for promotion of dangerous or illegal activities;

(h) interfere with or disrupt the Service or servers or networks connected to the Service; or

(i) engage in commercial activities within the Service.

You understand and accept that, notwithstanding our efforts and these Terms of Service, you may be exposed to offensive, indecent or objectionable User Content when using the Service, and, accordingly, you use the Service at your own risk.

You agree that if you choose to share your User Content from Storychest on a third-party website or service (including by using the “Social sharing” facility within the Service), you do so at your own risk, and you understand that these Terms of Service and Storychest’s Privacy Policy do not apply to your use of such websites or services.

5.    Fees

Storychest provides the Service to you without charge until you have saved up to a specified number of stories in your Stories page.  During the free period, certain limits will also apply in relation to the number of files which may be added per story and the duration of videos.  You may upgrade your account to a paid account at any time, after which you will be charged a monthly subscription amount as specified when you choose the “Upgrade now” option from your profile page.

6.    Feedback

By submitting to Storychest any ideas, suggestions, documents and proposals through any feedback interface or otherwise (collectively, Feedback), you acknowledge and agree that: (a) your Feedback does not contain confidential or proprietary information; (b) Storychest is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (c) Storychest shall be entitled to use or disclose (or choose not to use or disclose) such Feedback for any purpose, in any way, in any media worldwide; (d) Storychest may have something similar to the Feedback already under consideration or in development; (e) your Feedback automatically becomes the property of Storychest without any obligation of Storychest to you; and (f) you are not entitled to any accounting, compensation or reimbursement of any kind from Storychest under any circumstances.

7.    Privacy policy

Our Privacy Policy is published in the “More” section of our mobile applications and on our website. By using the Service, you acknowledge and agree with all provisions of the Privacy Policy, including, without limitation, the use of your Account Information and your User Content in accordance with such Privacy Policy.

8.    Intellectual property

Storychest rights

You acknowledge and agree that Storychest (or any licensors of Storychest) own(s) all legal right, title and interest in and to the Service, including, without limitation, all software comprising a part of the Service, and all copyright, trade marks, designs, inventions, patents and other intellectual property rights (whether those rights happen to be registered or not, and wherever in the world those rights may exist) unless otherwise indicated. Except for the limited licence rights specifically granted to you in these Terms of Service, Storychest and its licensors own and shall retain all rights, title and interest, including, without limitation, intellectual property rights, in and to the Service and all software utilised therein (and all copies thereof and related materials that are provided or made available to you with the Service).

Your rights and licences granted by you

You retain copyright and any other rights you already hold in User Content which you submit, post or display on or through, the Service. Other than the limited licence and other rights you grant in these Terms of Service, Storychest acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms of Service in or to any User Content that you submit, post, store, transmit or display on, or through, the Service, including any intellectual property rights which subsist in that User Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You agree that you are solely responsible for protecting and enforcing those rights and that Storychest has no obligation to do so on your behalf.  If you do elect to share any of your User Content by inviting contacts to be contributors or viewers or by using the “Social sharing” facility within the Service, then, in doing so, you are licensing each of those people to whom your User Content has been shared to use, display, perform, distribute and modify your User Content for their personal, non-commercial purposes.

In order to enable Storychest to operate the Service, we need a limited licence from you to use your User Content so that our processing, maintenance, storage, technical reproduction, back-up, transmission, distribution and display of your User Content does not infringe applicable laws. By using the Service and uploading your User Content, you grant Storychest a licence to display, perform, transmit and distribute your User Content in accordance with these Terms of Service, and to modify for technical purposes (including compression, size reduction and downscaling and format conversion) and reproduce and make derivative works from your User Content to enable Storychest to operate the Service. The licence that you grant to Storychest is non-exclusive, royalty free, perpetual, irrevocable and worldwide, and includes a right for Storychest to make your User Content available to, and pass these rights along to others with whom Storychest has contractual relationships related to the provision of the Service, solely for the purpose of providing those services, and to otherwise permit access to your User Content by third parties as permitted by you if Storychest determines that access is necessary to comply with its legal obligations.

9.    Service components

We reserve the right, at our sole discretion, to implement limits to the nature or size of storage available to you, the number of transmissions and messages, the nature or size of any index or library information, the nature of, or your continued ability to access or distribute, your User Content and other data, and impose other limitations at any time, with or without notice.

Subject to our Privacy Policy, Storychest may from time to time engage certain affiliates or other third parties to provide all or part of the Service to you, and you hereby acknowledge and agree that such third party involvement is acceptable. Further, you acknowledge that in using the Service to send electronic communications (including but not limited to email and uploading User Content, and other Internet activities), you will be causing communications to be sent through computer networks owned by Storychest and third parties that your use of the Service will likely result in transnational data transmissions. You understand that Storychest, in performing the required technical steps to provide the Service to our users, may make such changes to your User Content as are necessary to conform and adapt that User Content to the technical requirements of connecting networks, devices, services or media.

Storychest may from time to time include as part of the Service computer software supplied by third parties, including (but not limited to) third party software, which is utilised by permission of the respective licensors and/or copyright holders on the terms provided by such parties. Storychest expressly disclaims any warranty or other assurance to you regarding such third party software.

10. Modifications

We reserve the right at any time and at our sole discretion to modify or suspend the Service or any part thereof (including Software), with or without notice. You agree that we shall not be liable to you or to any third party for any modification or suspension of any part of the Service. In connection with any modification of the Service, Storychest may automatically download and install software updates from time to time with the intention of improving, enhancing, repairing and/or further developing the Service, and you agree to permit Storychest to deliver these to you (and you to receive them) as part of your use of the Service.

11. Equipment and telecommunications services

You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Service, and all associated fees and charges (such as computing devices, Internet service provider and data charges).  We do not guarantee that the Service will function on any particular hardware or devices.  You acknowledge and accept that the Service is subject to malfunctions and delays inherent to the use of the Internet and communications networks.

12. Termination

You may discontinue your use of the Service at any time, for any or no reason and with or without notice.  Should you choose to discontinue your use of the Service, upon request as a step in the “Leave Storychest” process, we will make available for a reasonable time a link to a downloadable archive of your User Content containing the text and media of the stories saved in your story page within the Service.  We will be under no obligation to retain any User Content uploaded by you to the Service should you discontinue your use of the Service without requesting access to a downloadable archive, nor shall we be under any obligation to retain such User Content if we have made a downloadable archive available to you and you have not downloaded it within the time specified in the instructions for such download.

Storychest may also terminate the Service, or your access to or use of the Service or your account, with or without notice. Reasons for Storychest terminating your account or the Service include, without limitation: (a) breach or violation of these Terms of Service, (b) your request or self-effecting account deletion, (c) an extended period of inactivity (determined in Storychest’s sole discretion), (d) your non-payment of any fees or other sums due to Storychest or any other party related to your use of the Service, (e) requests by law enforcement or other government agencies, (f) the discontinuance or material modification to the Service (or any part thereof), or (g) unexpected technical or security issues or problems. In the event of any termination by Storychest, we will close your account and you will no longer be able to retrieve User Content contained in that account or otherwise use the Service.

Any rights of Storychest or you accrued prior to termination of your use of the Service together with sections 8 (Intellectual property), 12 (Termination), 14 (Indemnity), 15 (Disclaimer of warranties), 16 (Limitation of liability), 17 (Exclusions and limitations), 18 (Notices) and 19 (General terms), and any other provision expressly stated to survive, or relating to the consequences of, termination survive termination of your use of the Service for any cause.

13. Third party resources

We may include or link to third party resources as part of the Service. We do not endorse third party services and content and we have no control over such resources and, accordingly, you acknowledge and agree that we are not responsible for the availability of such external resources and we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such resource. You acknowledge that different terms of use and privacy policies may apply to your use of such third party resources.

14. Indemnity

Subject to section 17 (Exclusions and limitations), you agree to indemnify Storychest, its subsidiaries, affiliates, officers, agents, employees, advertisers and partners from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of any of the Service, any breach of these Terms of Service by you, your User Content, or any other actions connected with your use of the Service (including all actions taken under your account). In the event of such claim, we will provide notice of the claim, suit or action to the contact information we have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.

15. Disclaimer of warranties

Subject to section 17 (Exclusions and limitations), you expressly understand and agree that:

(a) your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. Storychest expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

(b) Storychest does not warrant that (i) the Service will meet all of your requirements; (ii) the service will be uninterrupted, timely, secure or error-free; (iii) errors in the software will be corrected; or (iv) the Service is permitted in your jurisdiction.

(c) any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer or other device or loss of data that results from the download of any such material.

(d) no advice or information, whether oral or written, obtained by you from Storychest or through or from the Service shall create any warranty not expressly stated in these Terms of Service.

16. Limitation of liability

Subject to section 17 (Exclusions and limitations), you expressly understand and agree that Storychest, its subsidiaries, affiliates and licensors, and our and their respective officers, employees, agents, shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages (in contract, tort (including negligence) or otherwise even if foreseeable), including but not limited to, damages for loss of profits, goodwill, use, data, cover or other intangible losses (even if Storychest has been advised of the possibility of such damages) resulting from: (a) the use or the inability to use the Service; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or service purchased or obtained or messages received or transactions entered into through or from the Service; (c) unauthorised access to or the loss, corruption or alteration of your transmissions, content or data; (d) statements or conduct of any third party on or using the Service; (e) Storychest’s actions or omissions in reliance upon your Account Information and any changes thereto or notices received therefrom; (f) your failure to protect the confidentiality of any usernames, passwords or access rights to your Account Information; (g) the acts or omissions of any third party using the Service; (h) any advertising content or your purchase or use of any advertised product or service; (i) the termination of your account in accordance with the terms of these Terms of Service; or (j) any other matter relating to the Service.

17. Exclusions and limitations

Nothing in these Terms of Service is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only those obligations and limitations in sections 14 (indemnity), 15 (Disclaimer of warranties) and 16 (Limitation of liability) which are lawful in your jurisdiction (if any) will apply to you and our liability will be limited to the maximum extent permitted by law.

18. Notices

You agree that we may provide you with notices by email, regular mail or postings on our mobile applications or the web site related to the Service, in our discretion, and that we may rely upon the contact information you have provided in your Account Information as being accurate, complete and current.

Except where these Terms of Service specifically provide for use of a different means or address for notice, any notice to Storychest must be delivered by email our contact details below.

19. General terms

(a) Entire agreement: These Terms of Service constitute the entire agreement between you and Storychest and governs your use of the Service. These Terms of Service, as in effect from time to time, supersede any prior agreements or earlier versions of these Terms of Service between you and Storychest for the use of the Service.

(b) Rights of third parties: No provision in these Terms of Service shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 (or its equivalent in any other jurisdiction) by a person who is not a party to these Terms of Service.

(c) Governing law: These Terms of Service and the relationship between you and Storychest shall be governed by the laws of England and Wales without regard to its conflict of law provisions. You and Storychest agree to submit to the personal and exclusive jurisdiction of the courts located within England and Wales. Notwithstanding this, you agree that Storychest shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any applicable jurisdiction.

(d) No waiver: The failure or delay by Storychest to exercise or enforce any right or provision of these Terms of Service or rights under applicable law shall not constitute a waiver of any such provisions or rights.

(e) Enforcement: If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.

(f)  Variation: We may vary these Terms of Service by posting an updated version on our mobile applications and websites without notice to you.

(g) Assignment: You may not assign or transfer your rights and obligations under these Terms of Service without our prior written consent.

(h) Headings: The section headings in these Terms of Service are for convenience only and have no legal or contractual effect.

(i) Force Majeure:  Neither party will be liable for performance delays nor for non-performance due to causes beyond its reasonable control, except for payment obligations.

20. Contacting us

If you have any questions about these Terms of Service or wish to make a request please contact us at: info@storychest.com