Terms of Use

Welcome to StoryUnwritten.com (the “website”). As a visitor of this website, you are agreeing to and bound by the below terms and conditions regarding your access to and use of this website and the content provided on or through it.  This also includes the Disclaimer and Privacy Policy. The term “you” throughout is referring to any person who visits, views, and/or uses the website and its content.  The Terms of Use, Disclosure, and Privacy Policy may be modified at any time without notice to you and will be effective whenever they are posted. If you do not want to agree to or be bound by the following Terms of Use, Privacy Policy, or Disclosure, you must not access or otherwise use this website.

I. ACKNOWLEDGEMENT

You acknowledge that you have read, understood, and accepted the terms and conditions in the Terms of Use, including the Privacy Policy and Disclaimer, by visiting this website.  Additionally, you acknowledge that your use of this website is personal in nature and is not for the benefit of any competitor. 

II. AGE RESTRICTION

Website visitors under the age of eighteen (18) years old are not permitted to use this website. We ask that you do not provide us with any information related to persons under the age of eighteen (18) years old.

III. PRIVACY POLICY

In order to address the privacy concerns of website visitors, a Privacy Policy has been developed and is available here for your review. You acknowledge that by visiting and interacting with this website, your personal information may be collected, used, processed, possessed, and otherwise stored and this information along with utilization data may be shared with third party service providers to improve or provide services. All personal information collected, accessed, and/or stored by this website is subject to the terms of the Privacy Policy. 

IV. INTELLECTUAL PROPERTY

This website and its content is owned solely and exclusively by us and is protected by national and international copyright, trademark, and other intellectual property and unfair competition laws. The website content is granted to you through a limited revocable license to print or download content solely for personal, non-commercial, non-transferrable, informational and educational use only. Content use must not violate any copyright, trademark, and intellectual property or proprietary rights. 

By visiting this website, you agree not to duplicate, copy, steal, publish, modify, display, distribute, store, reproduce, post, transmit, create derivative works, reverse engineer, disassemble, decompile, give unauthorized third party access to, sell, rent or license any part of the website content in any way to anyone, without our prior written consent, except and only to the extent that such activity is expressly permitted by applicable law.  You are solely responsible for abiding by these Terms of Use and you agree to abide by copyright, trademark and intellectual property rights laws.

V. WEBSITE USE & USER CONTENT

As a visitor of the website, you shall not (a) use the website in any unlawful manner or in any manner that could harm or disable StoryUnwritten.com; (b) use the website or associated social media sites to post, upload, send, store, or otherwise transmit any content that is illegal, defamatory, abusive, profane, hateful, vulgar, obscene, libelous, pornographic, threatening, or is otherwise objectionable by us; (c) collecting information or interact with the website in an unauthorized manner using automated scripts; (d) impersonate any person or entity or otherwise misrepresent yourself, your age, or your affiliation with any entity.

By uploading, posting, sending, transmitting, displaying, emailing, or submitting any content or information to us through the website or our associated social media sites, you warrant that you own that content or that you have express permission from the content owner to use and/or distribute that content. We reserve the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use any content you share on our website or associated social media sites, including but not limited to, identifying you, publishing, posting, copying, reformatting, distributing, displaying, editing, and reproducing that content for any purpose at any time. If any content or information you provide to us infringes on copyright, trademark, or other proprietary rights of any kind, you will be solely liable for any resulting damages.    

VI. MONITORING

We reserve the right to monitor, screen, review, and remove any content or information shared on or through the website and affiliated social media sites at our sole discretion at any time and to monitor all use of and activity on the website.  We are not obligated to monitor or screen the website and the content that is shared on the website or on social media by third parties.

VII. TERMINATION

We reserve the right to restrict, remove, refuse, and terminate your access to and use of the website, its published content and associated social media sites, at any time, for any reason, without notice to you, at our sole discretion.

VIII. THIRD PARTY LINKS AND WEBSITES

This website contains links to third party websites and their content, products, services, or resources.  These third parties may include users, affiliates, sponsors, or advertisers.  We may act as an affiliate for some of the third party websites, however we do not control or own the third party websites. We are not responsible for the content provided on third party websites, and you assume any risks in using third party websites and resources.  If you use, purchase, download, or otherwise consume any content, services, or products on third party websites, those transactions are strictly between you and the third party.  We are not liable for any damages that may come for your use of third party websites or content.  

IX. NO WARRANTIES

THE WEBSITE AND ALL CONTENT, PRODUCTS AND/OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE AND NON-INFRINGEMENT REGARDING THE WEBSITE AND ANY CONTENT PROVIDED ON OR THROUGH THE WEBSITE, TO THE FULL EXTENT PERMISSIBLE BY LAW.  WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE, ITS CONTENT, PRODUCTS, AND/OR SERVICES PROVIDED ON THIS WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR OPERATE AND BE AVAILABLE ON AN UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE BASIS.

IF YOU ACCESS, DOWNLOAD, PURCHASE, OR OTHERWISE OBTAIN ANY CONTENT ON OR THROUGH THE WEBSITE, YOU DO SO AT YOUR OWN RISK.  WE ARE NOT RESPONISBLE FOR ANY DAMAGE THAT MAY OCCUR TO YOUR COMPUTER OR LOSS OF DATA THAT OCCURS FROM THE USE OR DOWNLOADING OF CONTENT FROM THE WEBSITE.

WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PURPOSE, TO THE FULL EXTENT PERMITTED BY LAW.

X. LIMITATION OF LIABILITY

You agree that under no circumstances will we be held liable for any direct, indirect, incidental, equitable, punitive, exemplary, special, consequential or any other damages, or damages for loss of profits, revenue, data or data use, incurred by you or any third party, resulting from your access to or use of the website or any content, products, or services provided on or through the website. 

By accessing the website, you agree expressly that you are solely responsible for any risks incurred for access to and/or use of the website and its content.  You are also solely responsible for the accuracy of any information you provide or submit on or through the website, the results of your actions, personal and business results, and any other use of the website.  

You expressly agree that we are not liable to you for any damages that my occur due to errors or omissions on the website; performance failure of any kind; operational interruptions; delay or denial of content, products, or services; website attacks including viruses, hacking, or system failures; loss of income, data, revenue, profit, business, or goodwill regarding the website; theft by a third party of your information, regardless of our negligence; and the misuse of information, content, products, and/or services offered on the website.    

The limitation of liability in this Terms of Use shall be applicable whether such liability arises from negligence, breach of contract, tort or any other legal theory of liability. You expressly agree that we make no warranties, express or implied, to you regarding the website and its content, and you agree that the website is not making you any promises or guarantees. 

XI. INDEMNITY

You agree to indemnify and hold harmless the company, its officers, employees, partners, or anyone else working with us from all claims, losses, liabilities, damages, actions, suits, demands, or expenses, including reasonable attorney’s fees and costs, arising, in whole or in part, from your actions or omissions, negligent or otherwise, and/or your use of the website or any content provided on or through the website, including the purchase of products and/or services; your violations of the Terms of Use or any laws, rules, regulations, or ordinances, including violation or infringement of third party rights, such as intellectual property rights or other rights of anyone. You will be notified promptly of any such claims or liability and we reserve the right to defend such claim, liability, or damage at your own expense. You shall fully cooperate and provide assistance to us if requested, without any cost, to defend any such claims. 

XII. WAIVER AND SEVERABILITY

If on any occasion or series of occasions we fail to exercise or enforce any rights or provisions in this Terms of Use, it does not constitute a waiver, express or implied, of such a right or provision. Additionally, if any provision in the Terms of Use is deemed invalid or unenforceable, that provision may be modified to such extent necessary render the Terms of Use as modified legal and enforceable.  The remainder of the provisions in the Terms of Use will remain in full force and effect.

XIII. MANDATORY MEDIATION AND GOVERNING LAW

You expressly waive your right to bring any legal claims, now or in the future arising from or related to the website, its content, products and/or services. If any dispute or claim arises in relation to your use of this website, the terms and conditions shall be construed in accordance with the rules and regulations of the State of Colorado and the United States. Regardless of where the parties are located at the time a dispute arises, you agree to consent to the jurisdiction of the State and Federal Courts located in the State of Colorado.  

Furthermore, you agree to first attempt to reach resolution of any dispute or claim through mandatory mediation in the State of Colorado, and you shall bear the full cost of such mediation as permitted by law. Mandatory mediation shall proceed any other legal or equitable remedies, including litigation, arbitration, or any other legal procedure. 

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If you have any questions regarding this Terms of Use, the Privacy Policy or Disclaimer, please contact me here.