Terms of Service
TERMS OF SERVICE AGREEMENTPLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BYACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BEBOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT ISTHE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMERTO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IFYOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THENPLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OFSERVICE AGREEMENT IS EFFECTIVE AS OF .ACCEPTANCE OF TERMSThe following Terms of Service Agreement (the "TOS") is a legally binding agreement that shallgovern the relationship with our users and others which may interact or interface with StorybookExperiences, also known as , located at 475 Montauk Hwy, West Islip, New York 11795 and oursubsidiaries and affiliates, in association with the use of the website, which includeswww.StorybookExperiences.com, (the "Site") and its Services, which shall be defined below.DESCRIPTION OF WEBSITE SERVICES OFFEREDThe Site is a blog which has the following description:To portray our Photography WorkAny and all visitors to our site shall be deemed as "users" of the herein contained Services providedfor the purpose of this TOS.The user acknowledges and agrees that the Services provided and made available through ourwebsite and applications, which may include some mobile applications and that thoseapplications may be made available on various social media networking sites and numerous otherplatforms and downloadable programs, are the sole property of Storybook Experiences. At itsdiscretion, Storybook Experiences may offer additional website Services and/or products, orupdate, modify or revise any current content and Services, and this Agreement shall apply to anyand all additional Services and/or products and any and all updated, modified or revised Servicesunless otherwise stipulated. Storybook Experiences does hereby reserve the right to cancel andcease offering any of the aforementioned Services and/or products. You, as the end useracknowledge, accept and agree that Storybook Experiences shall not be held liable for any suchupdates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products.Your continued use of the Services provided, after such posting of any updates, changes, and/ormodifications shall constitute your acceptance of such updates, changes and/or modifications, and assuch, frequent review of this Agreement and any and all applicable terms and policies should be madeby you to ensure you are aware of all terms and policies currently in effect. Should you not agree to theupdated, revised or modified terms, you must stop using the provided Services forthwith.Furthermore, the user understands, acknowledges and agrees that the Services offered shall beprovided "AS IS" and as such Storybook Experiences shall not assume any responsibility or obligationfor the timeliness, missed delivery, deletion and/or any failure to store user content, communication or
personalization settings.CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCEDue to the global nature of the internet, through the use of our network you hereby agree tocomply with all local rules relating to online conduct and that which is considered acceptableContent. Uploading, posting and/or transferring of software, technology and other technical datamay be subject to the export and import laws of the United States and possibly other countries.Through the use of our network, you thus agree to comply with all applicable export and importlaws, statutes and regulations, including, but not limited to, the Export Administration Regulations(http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program ofthe United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:a)are not on the list of prohibited individuals which may be identified on any governmentexport exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm)nor a member of any other government which may be part of an export-prohibited countryidentified in applicable export and import laws and regulations;b)agree not to transfer any software, technology or any other technical data through the useof our network Services to any export-prohibited country;c)agree not to use our website network Services for any military, nuclear, missile, chemicalor biological weaponry end uses that would be a violation of the U.S. export laws; andd)agree not to post, transfer nor upload any software, technology or any other technical datawhich would be in violation of the U.S. or other applicable export and/or import laws.CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICESStorybook Experiences shall not lay claim to ownership of any content submitted by any visitor oruser, nor make such content available for inclusion on our website Services. Therefore, youhereby grant and allow for Storybook Experiences the below listed worldwide, royalty-free andnon-exclusive licenses, as applicable:a)The content submitted or made available for inclusion on the publicly accessible areas ofStorybook Experiences's sites, the license provided to permit to use, distribute, reproduce,modify, adapt, publicly perform and/or publicly display said Content on our networkServices is for the sole purpose of providing and promoting the specific area to which thiscontent was placed and/or made available for viewing. This license shall be available solong as you are a member of Storybook Experiences's sites, and shall terminate at suchtime when you elect to discontinue your membership.b)Photos, audio, video and/or graphics submitted or made available for inclusion on thepublicly accessible areas of Storybook Experiences's sites, the license provided to permitto use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display saidContent on our network Services are for the sole purpose of providing and promoting thespecific area in which this content was placed and/or made available for viewing. This
license shall be available so long as you are a member of Storybook Experiences's sitesand shall terminate at such time when you elect to discontinue your membership.c)For any other content submitted or made available for inclusion on the publicly accessibleareas of Storybook Experiences's sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt,publish, translate, publicly perform and/or publicly display said content, whether in whole orin part, and the incorporation of any such Content into other works in any arrangement ormedium current used or later developed.Those areas which may be deemed "publicly accessible" areas of Storybook Experiences's sitesare those such areas of our network properties which are meant to be available to the generalpublic, and which would include message boards and groups that are openly available to users.CONTRIBUTIONS TO COMPANY WEBSITEStorybook Experiences provides an area for our users to contribute feedback to our website.When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site,you acknowledge and agree that:a)your contributions do not contain any type of confidential or proprietary information;b)shall not be liable or under any obligation to ensure or maintain confidentiality, expressedor implied, related to any Contributions;c)shall be entitled to make use of and/or disclose any such Contributions in any suchmanner as they may see fit;d)the contributor's Contributions shall automatically become the sole property of ; ande)is under no obligation to either compensate or provide any form of reimbursement in anymanner or nature.INDEMNITYAll usersherein agree to insure and hold Storybook Experiences, our subsidiaries, affiliates,agents, employees, officers, partners and/or licensors blameless or not liable for any claim ordemand, which may include, but is not limited to, reasonable attorney fees made by any thirdparty which may arise from any content a user of our site may submit, post, modify, transmit orotherwise make available through our Services, the use of Services or your connection withthese Services, your violations of the Terms of Service and/or your violation of any such rights ofanother person.COMMERCIAL REUSE OF SERVICESThe user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for anycommercial reason any part, use of, or access to 's sites.
MODIFICATIONSStorybook Experiences shall reserve the right at any time it may deem fit, to modify, alter and ordiscontinue, whether temporarily or permanently, our service, or any part thereof, with or withoutprior notice. In addition, we shall not be held liable to you or to any third party for any suchalteration, modification, suspension and/or discontinuance of our Services, or any part thereof.ADVERTISERSAny correspondence or business dealings with, or the participation in any promotions of,advertisers located on or through our Services, which may include the payment and/or delivery ofsuch related goods and/or Services, and any such other term, condition, warranty and/orrepresentation associated with such dealings, are and shall be solely between you and any suchadvertiser. Moreover, you herein agree that Storybook Experiences shall not be held responsibleor liable for any loss or damage of any nature or manner incurred as a direct result of any suchdealings or as a result of the presence of such advertisers on our website.LINKSEither Storybook Experiences or any third parties may provide links to other websites and/orresources. Thus, you acknowledge and agree that we are not responsible for the availability ofany such external sites or resources, and as such, we do not endorse nor are we responsible orliable for any content, products, advertising or any other materials, on or available from such thirdparty sites or resources. Furthermore, you acknowledge and agree that Storybook Experiencesshall not be responsible or liable, directly or indirectly, for any such damage or loss which may bea result of, caused or allegedly to be caused by or in connection with the use of or the reliance onany such content, goods or Services made available on or through any such site or resource.PROPRIETARY RIGHTSYou do hereby acknowledge and agree that Storybook Experiences's Services and any essentialsoftware that may be used in connection with our Services ("Software") shall contain proprietaryand confidential material that is protected by applicable intellectual property rights and other laws.Furthermore, you herein acknowledge and agree that any Content which may be contained in anyadvertisements or information presented by and through our Services or by advertisers isprotected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore,except for that which is expressly permitted by applicable law or as authorized by StorybookExperiences or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell,distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which arebased on Storybook Experiences Services (e.g. Content or Software), in whole or part.Storybook Experiences herein has granted you personal, non-transferable and non-exclusiverights and/or license to make use of the object code or our Software on a single computer, aslong as you do not, and shall not, allow any third party to duplicate, alter, modify, create orplagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locateor discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwisetransfer any such right in the Software. Furthermore, you do herein agree not to alter or change
the Software in any manner, nature or form, and as such, not to use any modified versions of theSoftware, including and without limitation, for the purpose of obtaining unauthorized access to ourServices. Lastly, you also agree not to access or attempt to access our Services through anymeans other than through the interface which is provided by Storybook Experiences for use inaccessing our Services.WARRANTY DISCLAIMERSYOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:a)THE USE OF STORYBOOK EXPERIENCES SERVICES AND SOFTWARE ARE AT THESOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN"AS IS" AND/OR "AS AVAILABLE" BASIS. STORYBOOK EXPERIENCES AND OURSUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS ANDLICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KINDWHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANYIMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE AND NON-INFRINGEMENT.b)STORYBOOK EXPERIENCES AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES,AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i)STORYBOOK EXPERIENCES SERVICES OR SOFTWARE WILL MEET YOURREQUIREMENTS; (ii) STORYBOOK EXPERIENCES SERVICES OR SOFTWARE SHALLBE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCHRESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE STORYBOOKEXPERIENCES SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv)QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHERMATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OURSERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANYSUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.c)ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BYWAY OF STORYBOOK EXPERIENCES SERVICES OR SOFTWARE SHALL BEACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOUSHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMSAND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTERAND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANYLOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCHINFORMATION OR MATERIAL.d)NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THATMAY BE OBTAINED BY YOU FROM STORYBOOK EXPERIENCES OR BY WAY OF ORFROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOTEXPRESSLY STATED IN THE TOS.e)A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OFEPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS ORBACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE
USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLYUNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHOHAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU,ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTICCONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THEFOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTEREDVISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION,ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.LIMITATION OF LIABILITYYOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT STORYBOOKEXPERIENCES AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE,INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OFANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVENTHOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGESMAY OCCUR, AND RESULT FROM:a)THE USE OR INABILITY TO USE OUR SERVICE;b)THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;c)UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA;d)STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;e)AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.RELEASEIn the event you have a dispute, you agree to release Storybook Experiences (and its officers,directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any otherthird parties) from claims, demands and damages (actual and consequential) of every kind andnature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising outof or in any way connected to such dispute.SPECIAL ADMONITION RELATED TO FINANCIAL MATTERSShould you intend to create or to join any service, receive or request any such news, messages,alerts or other information from our Services concerning companies, stock quotes, investments orsecurities, please review the above Sections Warranty Disclaimers and Limitations of Liabilityagain. In addition, for this particular type of information, the phrase "Let the investor beware" isappropriate. Storybook Experiences's content is provided primarily for informational purposes,and no content that shall be provided or included in our Services is intended for trading orinvesting purposes. Storybook Experiences and our licensors shall not be responsible or liable for
the accuracy, usefulness or availability of any information transmitted and/or made available byway of our Services, and shall not be responsible or liable for any trading and/or investmentdecisions based on any such information.EXCLUSION AND LIMITATIONSTHERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAINWARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL ORCONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OFSECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TOYOU.THIRD PARTY BENEFICIARIESYou herein acknowledge, understand and agree, unless otherwise expressly provided in thisTOS, that there shall be no third-party beneficiaries to this agreement.NOTICEStorybook Experiences may furnish you with notices, including those with regards to any changesto the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging,postings on our website Services, or other reasonable means currently known or any which maybe herein after developed. Any such notices may not be received if you violate any aspects of theTOS by accessing our Services in an unauthorized manner. Your acceptance of this TOSconstitutes your agreement that you are deemed to have received any and all notices that wouldhave been delivered had you accessed our Services in an authorized manner.TRADEMARK INFORMATIONYou herein acknowledge, understand and agree that all of the Storybook Experiencestrademarks, copyright, trade name, service marks, and other Storybook Experiences logos andany brand features, and/or product and service names are trademarks and as such, are and shallremain the property of Storybook Experiences. You herein agree not to display and/or use in anymanner the Storybook Experiences logo or marks without obtaining Storybook Experiences's priorwritten consent.COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE& PROCEDURESStorybook Experiences will always respect the intellectual property of others, and we ask that allof our users do the same. With regards to appropriate circumstances and at its sole discretion,Storybook Experiences may disable and/or terminate the accounts of any user who violates ourTOS and/or infringes the rights of others. If you feel that your work has been duplicated in such away that would constitute copyright infringement, or if you believe your intellectual property rightshave been otherwise violated, you should provide to us the following information:a)The electronic or the physical signature of the individual that is authorized on behalf of theowner of the copyright or other intellectual property interest;
b)A description of the copyrighted work or other intellectual property that you believe hasbeen infringed upon;c)A description of the location of the site which you allege has been infringing upon yourwork;d)Your physical address, telephone number, and email address;e)A statement, in which you state that the alleged and disputed use of your work is notauthorized by the copyright owner, its agents or the law;f)And finally, a statement, made under penalty of perjury, that the aforementionedinformation in your notice is truthful and accurate, and that you are the copyright orintellectual property owner, representative or agent authorized to act on the copyright orintellectual property owner's behalf.The Storybook Experiences Agent for notice of claims of copyright or other intellectual propertyinfringement can be contacted as follows:Mailing Address:Storybook ExperiencesAttn: Copyright Agent475 Montauk HwyWest Islip, New York 11795Telephone: 631-482-9897Email: support@storybookexperiences.comCLOSED CAPTIONINGBE IT KNOWN, that Storybook Experiences complies with all applicable Federal CommunicationsCommission rules and regulations regarding the closed captioning of video content. For moreinformation, please visit our website at www.StorybookExperiences.com.GENERAL INFORMATIONENTIRE AGREEMENTThis TOS constitutes the entire agreement between you and Storybook Experiences and shallgovern the use of our Services, superseding any prior version of this TOS between you and uswith respect to Storybook Experiences Services. You may also be subject to additional terms andconditions that may apply when you use or purchase certain other Storybook ExperiencesServices, affiliate Services, third-party content or third-party software.CHOICE OF LAW AND FORUMIt is at the mutual agreement of both you and Storybook Experiences with regard to the TOS thatthe relationship between the parties shall be governed by the laws of the state of New Yorkwithout regard to its conflict of law provisions and that any and all claims, causes of action and/or
disputes, arising out of or relating to the TOS, or the relationship between you and StorybookExperiences, shall be filed within the courts having jurisdiction within the County of SuffolkCounty, New York or the U.S. District Court located in said state. You and Storybook Experiencesagree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive anyand all objections to the exercise of jurisdiction over the parties by such courts and to venue insuch courts.WAIVER AND SEVERABILITY OF TERMSAt any time, should Storybook Experiences fail to exercise or enforce any right or provision of theTOS, such failure shall not constitute a waiver of such right or provision. If any provision of thisTOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree thatthe court should endeavor to give effect to the parties' intentions as reflected in the provision, andthe other provisions of the TOS remain in full force and effect.STATUTE OF LIMITATIONSYou acknowledge, understand and agree that regardless of any statute or law to the contrary, anyclaim or action arising out of or related to the use of our Services or the TOS must be filed within7 year(s) after said claim or cause of action arose or shall be forever barred.VIOLATIONSPlease report any and all violations of this TOS to Storybook Experiences as follows:Mailing Address:Storybook Experiences475 Montauk HwyWest Islip, New York 11795Telephone: 631-482-9897Email: support@storybookexperiences.com

31 October 2019
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