Terms of Service "Terms".
Last updated: September 17, 2016
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://www.readstorytime.com website and the StoryTime mobile application (together, or individually, the "Service") operated by StoryTime Inc. ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you do not have permission to access the Service.
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing Cycles are set on a monthly basis.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or StoryTime Inc. cancels it. You may cancel your Subscription renewal through your online account management page at Apple.com
A valid payment method, including credit card is required to process the payment for your Subscription. You shall provide StoryTime Inc. with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize StoryTime Inc. to charge all Subscription fees incurred through your account to any such payment instruments.
StoryTime Inc. may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").
Once you enter your billing information, your free trial stops and you will be automatically charged the applicable subscription fees for the type of subscription you have selected.
StoryTime Inc., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
StoryTime Inc. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Paid Subscription fees are non-refundable.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
StoryTime is intended for use by citizens of the United States and Canada. Anyone who accesses or uses StoryTime from outside of the United States or Canada does so at his/her own risk and is responsible for compliance with applicable local laws.
User License Agreement
As one of our subscription users, you accept the end user license agreement which states with respect to publisher e-books that: 1) all e-books purchased individually or through a subscription are for the end users personal noncommercial use only; 2) no commercial or promotional use rights are granted in any e-book purchased individually or subscription; 3) end-users may not sell, distribute or display any e-book purchased individually or through a subscription other than for personal use; 4) end-users shall not disable or circumvent DRM supplied with publisher e-books; 5) end-users may not burn to disk copies of all or any portion of any e-book; 6) to the extent that provides an end user with the ability to access a purchased publisher e-books or through a subscription on a reading website, the EULA shall also stay in substance, with respect to publisher e-books, that website access to purchase e-books individually or through a subscription may not be available in the event that StoryTime cease making e-books, publisher e-books, or that title generally available for website access, however in such circumstances the customer will continue to be able to read any purchased e-book that was previously downloaded for our off line reading.
The Service and its original content, features and functionality are and will remain the exclusive property of StoryTime Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of StoryTime Inc.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by StoryTime Inc.
StoryTime Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that StoryTime Inc. 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 content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless StoryTime Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
If you have downloaded the app from Apple, Inc. Apple app store, or if you are using the app on an IOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This agreement is between you and StoryTime only, not Apple and Apple has no responsibility for our Service or any content. Apple has no obligation to provide maintenance and support services with respect to our IOS app. In the event of any failure of our app to comply to any applicable warranty, you may notify Apple, and Apple will refund the purchase price if any for our IOS app to you. To the maximum extent permitted by law, Apple will have no other warrantee obligation with respect to our IOS app. Apple is not responsible for addressing claims by you or any third-party relating to the app and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these terms and any law applicable to us as provider of the software. You agree that we, and not Apple, are responsible for addressing any claims of you or any third-party relating to our IOS app or your possession and use of our app, including but not limited to: 1) product liability claims 2) any claim that our app fails to conform to any applicable legal or regulatory requirement 3) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these terms and any law applicable to us as provider of the software. You agree that, in the event of any third party claim that our app or your possession and use of that app infringes such third parties intellectual property rights, we, not Apple, will be responsible for the investigation, defense, settlement, and discharge of such claim. The parties agree that Apple and its subsidiaries are third party beneficiaries to the terms applicable to your use of our app. Upon your acceptance of the terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the terms applicable to your use of our app against you as a third party beneficiary thereof.
Limitation Of Liability
In no event shall StoryTime Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
StoryTime Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us at our website: readstorytime.com.
When you sign up for our Services, you, not your children, may be asked to provide your email address which is considered personally identifiable information. We use this information in order to send you feedback on your child's reading, update you about our Services and for other purposes related to improving the Services we offer to you for use by your children. Our service providers or partners may have access to your personally identifiable information as necessary to provide their services. They are required to maintain the privacy of all such information in their possession or control and can only use the information for the purpose that we have contracted them. We use commercially reasonable efforts to require them to safeguard your personal information and limit their use of it. We do not sell email addresses to third parties for any purpose.
We may use procedural and digital security measures like password protection, that are designed to help protect against loss, unauthorized access, disclosure, alteration or destruction of information and data.