Introduction

Thank you for choosing StoryCube, specifically designed for children between the ages of 7 to 12. Please read these Terms and Conditions carefully before using the StoryCube Site. By using this Site you signify your consent to these Terms and Conditions. If you do not agree to the Terms, please do not use the Site.

Rules of Conduct

• The Site is provided by StoryCube and is intended to be used in a creative, cooperative and safe manner by all users of the Site.
• The Site is only for your personal use. You may not use the Site for commercial purposes or in any way that is unlawful, or harms or violates the rights of StoryCube or any other person or entity.
• Users of the Site must not:
  
  • Use the Site in such a way as to offend or interfere with the use by anyone else of the Site, or incorporate any inappropriate or offensive text, graphics or storylines, as determined in StoryCube sole and absolute judgment.
  • Provide Submissions that violate any law or regulation, or that in any fashion infringe or interfere with the rights of others, including without limitation Submissions that (i) libel, defame, or invade the privacy of any third party, or which are obscene or pornographic or otherwise sexually explicitly; (ii) infringe the intellectual property rights, including copyrights, of any third party; (iii) advertise or otherwise solicit funds or are a solicitation for goods or services; or (iv) are confidential.
  • Attempt to circumvent the security systems of the Site.
  • Attempt to gain access to or use the Site in a fraudulent manner.
  • Attempt to gain access to any other user's accounts.
  • Attempt to ascertain any other user's password and/or personal information by any means whatsoever, including without limitation, by use of the Site or any other website, or by e-mail communication.
  • Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
  • Provide any Submission that is (a) abusive, harassing or threatening; (b) bigoted, hateful, or racially or otherwise offensive; (c) violent or vulgar; or (d) otherwise harmful or can reasonably be expected to harm any person or entity.
  • Provide any Submission that is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity.
  • Provide any Submission that is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations).

StoryCube expressly reserves the right, in its sole and absolute discretion, to reject, refuse to post or remove any posting or other Submissions to the Site by you, or to deny, restrict, suspend, or terminate access to all or any part of your account at any time, for any or no reason, with or without prior notice or explanation, and without liability.

Notwithstanding the foregoing, you are fully responsible for all items you make and all materials you upload to the Site. StoryCube assumes no responsibility for editing stories, ongoing monitoring of the Site or for removal or editing of any Submissions to the Site. StoryCube assumes no liability for any action or inaction with respect to conduct on Submissions to the Site.

Age of Users

The StoryCube Site was created for the ages of 7-12, but is available to users of all ages. If you are a Parent or Guardian and you provide consent to your child’s registration with the Site, you agree to be bound by these terms or use in respect to the use of this Site. For those users who decide to create an account for their child, please note that StoryCube will not ask you your child to provide any personal information. At the same time, because the Site will allow your child to create a story, it is possible that your child might inadvertently disclose personal information (example: their name, their address, or their telephone number) in the content of that story.

Although StoryCube will take steps to monitor the content authored by children to identify personal information, and may take steps to remove any information that is identified, it is possible that StoryCube may not identify or remove all information that your child inadvertently submits. In such an event, you agree that consistent with the StoryCube Privacy Policy, StoryCube may inadvertently collect any such information submitted by your child.

Membership

StoryCube allows users to register for free, and create up to 3 stories before being prompted to subscribe. In order to register, please enter a username, password, birthdate, and email address. The username and password of the child should not contain personal information or names. To continue using StoryCube and purchase membership, a parent or guardian who is at least 18 years old is required to pay with a credit card, and will need to provide additional information for the purposes of payment, such as name, billing address and contact information.

You have the right to cancel your membership subscription or your child’s subscription at any time through the Site’s contact form. You will continue to have access to your published stories for viewing and sharing. Accounts that have not been accessed in over 6 months will be removed from the Site. All users are given a grace period after cancellation in which they can continue to access and download their stories before their stories are completely removed from StoryCube. Upon cancellation they will be notified via email on the grace period and again prior to the end of the grace period.

License Agreement

Please feel free to browse the Site. You may download material displayed on the Site for non-commercial; home personal use only, provided you keep intact all copyright, trademark and other proprietary notices. You may not, however, copy, reproduce, republish, upload, post, transmit or distribute in any way the contents of this Site including the text, images, audio and video, for public or commercial purposes, without written permission from StoryCube.

Licensee may not modify the Software nor merge any part of it with another software program. Licensee may not attempt to determine the source code for the Software, nor modify, reprogram, translate, disassemble, decompile, or otherwise reverse engineer the Software (except to the extent applicable laws specifically prohibit such restriction). Licensee may not, except as expressly provided herein, use, disclose, sublicense, lease, rent, or transfer the Software, in whole or in part, to any third party, or provide the benefit of its use to any third parties via a service bureau, time sharing or, application service provider services.

Licensee may not copy the Software and represents and warrants that it will ensure that the number of users does not exceed that amount as selected by it upon entering into this Agreement. Each user shall relate and be limited to a specific student or instructor or administrator who is granted access to the Software for the selected term, and their right to use is not assignable or transferable. Licensor shall have the right to monitor and access user accounts at any time for the purposes of ensuring compliance with this section, for the purposes of improving or maintaining its service, and/or for any other purpose related to compliance with this Agreement, the Website's "Terms of Service" and/or the Privacy Policy.

Story Ownership

The Site will permit the child to send materials to StoryCube such as stories and drawings. All worldwide right, title and interest in and to any such original creations, ideas, concepts, notes, drafts, stories, artwork, drawings, testimonials, photographs or other information of any nature (collectively, the "Submissions"), submitted by a user to the Site shall, as between StoryCube and the submitting user, be deemed to belong to, and shall remain with the submitting user.

Infringement

If you are notifying StoryCube of alleged copyright infringement, please be sure to provide the following information in the form required by 17 U.S.C. Section 512:

• A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted covered by a single notification, a representative list of such works;
• A description of the allegedly infringing material and information sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an electronic mail address.
• A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and
• A statement by you that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed.
• Designated Agent for Notification of Claimed Copyright Infringement

NAME: StoryCube LLC
Attn: CEO, Melanie Kusmik
ADDRESS: 1797 267th CT SE, Sammamish, WA
EMAIL: support@storycube.com

Removal of Submissions

Without prejudice to any of our other rights under these terms of use or at law, we reserve the right to (a) refuse to post or communicate or remove any Submission from the StoryCube Site that violates these terms of use (including the Rules of Conduct) and (b) to the extent we are able to do so under applicable law, identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these terms of use (including the Rules of Conduct) and/or our contest, sweepstakes, promotions, and game rules, and/or protect the safety or security of any person or property, including any DIMG Site. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.

Indemnity

User agrees to indemnify and hold StoryCube and each StoryCube Provider harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of such user's use of the Site, the StoryCube Services, breach of the User Agreement or user's (or user's Submissions') violation of any law or the rights of a third party.

Password and Account Security

Every user that has an account on the Site is responsible for (a) keeping his or her account password confidential and secured, (b) avoiding unauthorized access to such user's computer; and (c) keeping the e-mail address associated with that account current (user acknowledges that it is important to keep the e-mail address associated with his or her account current).

User accepts full responsibility for all activities that occur within such user's Site account.

Notices

User consents to receive electronic communications from StoryCube addressed to the e-mail address associated with such user's Site account. User acknowledges and agrees that any communication via e-mail or by postings on the Site satisfies any legal requirement that such communications be made in writing.

Disclaimers and Limitation of Liability

StoryCube is not responsible for and makes no warranties, express or implied, as to any StoryCube Materials, Submissions, or content appearing on or accessed through the Site, or the accuracy or reliability of the StoryCube Materials or the Submissions, posted on the Site or through the StoryCube Services, whether caused by users of the Site or the StoryCube Services or by any of the equipment or programming associated with or utilized in the Site or the StoryCube Services. The Submissions on the Site does not necessarily reflect the opinions or policies of StoryCube. The Site may contain links to other websites. StoryCube is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by StoryCube. Inclusion of any linked website on the Site does not imply approval or endorsement of such website by StoryCube. When you access these third party sites, you do so at your own risk. StoryCube is not responsible for the conduct, whether online or offline, of any user of the Site or the StoryCube Services. StoryCube assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication. StoryCube is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the Internet or on any of the StoryCube Services or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the Site or Services. Under no circumstances shall StoryCube be responsible for any loss or damage, including personal injury or death, resulting from use of the Site or Services, from any StoryCube Materials or the Submissions posted on or through the StoryCube Services, or from the conduct of any users of the Site or StoryCube Services, whether online or offline.

The Site is provided by StoryCube on an "as is" and "as available" basis. To the fullest extent permissible by applicable law, each StoryCube Provider disclaims all implied warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.

Without limiting the foregoing, neither StoryCube nor any StoryCube Provider makes any representation or warranty of any kind, express or implied: (i) as to the operation of the Site, or the information, content on the Site, including any StoryCube Materials or the Submissions, and materials or products included thereon; (ii) that the Site will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information, content on the Site, including any StoryCube Materials or the Submissions, or merchandise provided through the Site; or (iv) that the Site, its servers, or e-mails sent from or on behalf of StoryCube are free of viruses, scripts, trojan horses, worms or other harmful components.

StoryCube does not guarantee the continuous, uninterrupted or secure access to the Site or any related services. The operation of the may be interfered with by numerous factors outside the control of StoryCube.

Under no circumstances shall StoryCube or any StoryCube Provider be liable for any damages that result from the use of or inability to use the Site, including but not limited to reliance by a user on any information obtained from the Site or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to StoryCube records, programs, Materials or Services. User hereby acknowledges that this paragraph shall apply to all content on the Site, including any stories or books, merchandise, and services available through the Site.

Neither StoryCube nor any StoryCube Provider will be liable for any indirect, incidental, special or consequential damages arising from the use of the Site, even if StoryCube or any StoryCube Provider have been advised of the possibility of such damages.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to a user, some or all of the above disclaimers, exclusions, or limitations may not apply to such user, and such user may have additional rights.

Refund and Cancellation Policy

When and if applicable, you will pay all fees or charges to your account based on StoryCube fees, charges, and billing terms in effect as shown under My Account at www.storycube.com. You are responsible for paying any taxes that may apply. If you do not pay on time or if StoryCube cannot charge your credit card, PayPal or other payment method for any reason, StoryCube reserves the right to either suspend or terminate your access to the Site and account and terminate these Terms. If you cancel your account at any time, it will remain active until your subscription period has ended. You will not receive any refund.

By using the Site and/or the Services, you consent to receiving electronic communications from StoryCube. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Services. These electronic communications are part of your relationship with StoryCube. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

International Use

By choosing to access the Site from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. StoryCube makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. You may not use, export or re-export any materials from this Site in violation of any applicable laws or regulations, including, but not limited to, any United States export laws and regulations.

These Terms of Use are effective April 25, 2011