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(a) This Website operates only as a forum where you can (1) post or allow MyStorey to post, via your Facebook®, Tumblr® or Instagram® account (each a linked source) or by uploading files directly, your opinions, photographs, other graphic material, expressions of your personal tastes and preferences in products and services, descriptions of what you have or own, where and how you acquired such items, an indication of the people identified in the photographs, and exchange other information (the foregoing are, whether posted by you or retrieved by MyStorey from one of your linked sources, collectively called "Your Content"); (2) search and link public databases through the Website; (3) browse the Content posted by others, postings of others; and (4) identify, rate and comment upon Content. Your actions described above then become "Your Storey." The Website will also permit you to order products and services that are identified as being for sale on this Website and to post a link to products and services that are for sale by you or others. All programs, photos, and other communications appearing on this Website, other than Your Content, is herein called "Content."
(b) By opening a MyStorey Account, you are also granting to MyStorey a non-exclusive, royalty-free, transferable, sub-licensable, worldwide unrestricted license to retrieve from any linked source, use, store, display, reproduce, re-post, modify, comment upon, create derivative works, perform, and re-distribute Your Content. You hereby confirm that you have the right, without the consent of any other person, to post Your Content to this Website and to grant the license to MyStorey as provided in this paragraph.
(d) Whether or not you open a MyStorey Account, you will not have or acquire any right in the name "MyStorey"™ or in any copyright, trademark or other intellectual property right relating to this Website, its structure, processes or any Content other than Your Content. You agree to abide by all copyright notices displayed on this Website.
(f) Your use of this Website is entirely at your own risk and MyStorey disclaims any representation or warranty with respect to any virus or other harmful component that may be transmitted by or through this Website. This Website is made available on an "as is, as provided" basis, without any express or implied warranty of any kind, including merchantability or fitness for any purpose.
You acknowledge that Your Content is your sole responsibility and the responsibility of any other person from whom Your Content originated.
Specifically, you represent and accept that:
(a) MyStorey is not your agent or representative and does not act on your behalf and that MyStorey may obtain compensation for its own account as a result of the use of or reference to the Content including Your Content.
(b) MyStorey does not screen or control, and is not responsible for, any Content and makes no representation or warranty that any Content is accurate, authentic, complete or not misleading when made or delivered or thereafter, regardless of MyStorey's actual knowledge.
(c) MyStorey has no duty at any time to investigate, determine, confirm or advise you of any fact or circumstance stated in or relating to any Content, including the inaccuracy, authenticity, incompleteness or misleading nature of any Content when made or posted or thereafter, regardless of MyStorey's actual knowledge.
(d) You are solely responsible for evaluating, and bearing all risks associated with, the use and acceptability of and reliance on Your Content. MyStorey will not under any circumstances be liable or responsible in any way for Your Content or for any loss or damage of any kind incurred as a result of the use of or reliance on Your Content.
(e) MyStorey makes no representation or warranty (i) that any person will access this Website; (ii) as to the volume or quality of any postings on this Website, or (iii) that this Website or any service provided or omitted by this Website will be or is appropriate or reliable to result in any communication.
(h) While MyStorey will take precautionary measures to protect the security of Your Content and Your Account, MyStorey does not guarantee that it will be successful in preventing unauthorized access and use of that information. You should notify MyStorey promptly if you learn of any such unauthorized access or use.
You promise that:
(a) Your Content will be accurate, complete and current in all respects and not deceptive, misleading or fraudulent and that copies of any documents included in that Your Content will be authentic.
(c) You have the right, without the consent of any other person, to grant to MyStorey the license referred to in paragraph 2.(b) above.
(d) You will not post or otherwise make any portion of Your Content available on or through this Website that (i) is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, violative of the rights of any other person, or is harmful to minors in any way; (ii) is pornographic or depicts human sexual activity; (iii) harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability; (iv) violates the Fair Housing Act or any other federal, state or local law, regulation, executive order; (v) constitutes "bait and switch;" (vi) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any other person, (vii) constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes" or a commercial advertisement or solicitation; (viii) includes links to commercial services or web sites; (ix) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (x) disrupts the normal flow of dialogue with an excessive amount of Your Content (flooding attack) to this Website or otherwise negatively affects the ability of any person to use this Website; or (xi) employs misleading email addresses, forged headers or otherwise manipulated identifiers in order to disguise the origin of Your Content transmitted on or through this Website.
(e) You will not: (i) contact any other person to advertise or promote the sale or purchase of any product or service through this Website, except to the extent that your opinion of the merits, qualities and other characteristics of that product or service has such an effect; (ii) contact any person who has asked not to be contacted; (iii) collect personal data through this Website about other person for commercial or unlawful purposes; (iv) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from this Website; (v) post Your Content that is irrelevant for the purpose of this Website, repeatedly post the same or similar Your Content or otherwise impose an unreasonable or disproportionately large load on this Website infrastructure; (vi) permit multiple, simultaneous postings of the same item of Your Content on this Website; (vii) attempt to gain unauthorized access to this Website or any MyStorey computer system or engage in any activity that disrupts, diminishes the quality, interferes with the performance, or impairs the functionality of this Website; or (viii) modify, reposition or remove any Content posted by any person other than you.
Your interactions with other persons identified on or found through this Website are solely between you and such other person. You should make whatever investigation is necessary or appropriate before proceeding to commence or continue any such interaction.
To the maximum extent permitted by law, MyStorey shall not be liable for any indirect, special, incidental, consequential or exemplary damages of any kind, even if MyStorey has been advised of the possibility of such damages, resulting directly or indirectly from any aspect of your use of or inability to use this Website, loss of profits or revenues, loss or use of data, damage to good will or reputation, other intangible losses, any defamatory, offensive or illegal conduct by you or third persons; or any unauthorized access, use or alteration of your transmissions or Your Content, regardless of how any such claim may have arisen. In no event, shall MyStorey's liability for any claim made by you or anyone claiming a right through you exceed $100.
In order to open a MyStorey Account, you must connect your Facebook account using Facebook Connect.
(a) MyStorey will automatically pay you a portion ("Your Affiliate Fee Portion") of the "Affiliate Fee" received by MyStorey, when (i) another user of this Website makes a qualifying purchase by clicking on the tag for a product or service posted in Your Content and (ii) the unpaid balance of Your Affiliate Fee Portion exceeds $25.
(b) MyStorey intends to enter into agreements with certain online vendors (and, in some cases, third parties representing vendors or promoting specific products or services), pursuant to which MyStorey will be entitled to receive an Affiliate Fee from such vendor as a result of purchases made through your MyStorey Account. Such vendors become part of MyStorey's "Affiliate Network." There is no assurance that (i) any vendor will become part of the Affiliate Network; (ii) any products or services posted on your MyStorey Account will be offered by a vendor who is part of the Affiliate Network or require the payment of an Affiliate Fee; (iii) the Affiliate Fee or Your Affiliate Fee Portion from any vendor will be known in advance of that vendor's becoming part of the Affiliate Network; or (iv) MyStorey will actually receive an Affiliate Fee from any vendor. Your Affiliate Fee Portion will vary according to the terms of the agreement under which each vendor becomes part of the Affiliate Network.
(c) Subject to the vendor's being part of the Affiliate Network at the time products or services are purchased through your MyStorey Account, the purchase of a product or service from that vendor will qualify for the payment of Your Affiliate Fee Portion, only if such purchase is made (i) by clicking on that product or service on your page on the Website, (ii) through the resulting hyperlink to the website of the vendor, and (iii) after completing all actions and providing all information required, according to the vendor's website, to consummate the purchase transaction.
(d) Your Affiliate Fee Portion will be distributed to you periodically following MyStorey's receipt of Affiliate Fees, by remitting the applicable amount to the PayPal® account associated with the email address you recorded when you registered your MyStorey Account. MyStorey reserves the exclusive right, exercisable in its sole discretion, to manage the retention and distribution of Your Affiliate Fee Portion in such manner as MyStorey from time to time deems advisable.
(e) Your posting any product or service on your MyStorey Account does not create any relationship or obligation between you and the vendor of that product or service, with any purchaser of a product or service posted on your MyStorey Account, or with any other person or entity.
(f) If you earn and are paid Your Affiliate Fee Portion, you may generate income that is subject to federal, state, local and/or international taxes. MyStorey may record, use and report financial, tax-related (to comply with MyStorey's legal obligations), and other information pertaining to Your Affiliate Fee Portion and products or services purchased through your MyStorey Account. MyStorey shall have no role or responsibility in connection with your determinations or actions with respect to any tax payments or tax-related consequences resulting from the payment or receipt of Your Affiliate Fee Portion.
(b) You acknowledge that MyStorey shall have no liability or responsibility of any nature with respect to any dispute, claim or controversy, whether or not related to this Website or any product or service offered or or made available by or through MyStorey, that you may have with any third person.