These terms require the use of arbitration Section 10.2 on an individual basis to resolve disputes and also limit the remedies available to you in the event of a dispute.
1. Access to the Site
(a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Our Services;
(b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of Our Services;
(c) you shall not access the Our Services in order to build a similar or competitive website;
and (d) except as expressly stated herein, no part of Our Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of this platform shall be subject to these Terms. All copyright and other proprietary notices on the Platform must be retained on all copies thereof.
2. User Content
Acceptable Use Policy. The following terms constitute our "Acceptable Use Policy
(i) that violates any third-party right or any intellectual property or proprietary right;
(ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
(iii) that is harmful to minors in any way;
or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(i) upload, transmit, or distribute to or through the Platform any software intended to damage or alter a computer system or data;
(ii) send through the Platform unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages;
(iii) use the Platform to harvest, collect, gather or assemble information or data regarding other users without their consent;
(iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Platform, or violate the regulations, policies or procedures of such networks;
(v) attempt to gain unauthorized access to the Platform, whether through password mining or any other means;
(vi) harass or interfere with any other user’s use and enjoyment of the Platform;
or (vi) use software or automated agents or scripts to produce multiple accounts on the Platform, or to generate automated searches, requests, or queries to the Platform.
Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You approve to immediately notify the Point Of Stories of any unauthorized use, or suspected unauthorized use of your Account. Point Of Stories cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
4. Third-Party Links & Ads; Other Users
5. You agree to indemnify and hold Point Of Stories and its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third-party due to or arising out of
Company reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Point Of Stories. Point Of Stories will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it
6. Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Platform in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Platform will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 1 through 1.5, Section 2 and Sections 4 through 10.
The platform is provided on an “as-is” and “as available” basis, and Point Of Stories and our affiliates expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our affiliates make not guarantee that the platform will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the platform, all such warranties are limited in duration to ninety (90) days from the date of first use.
8. Copyright Policy
Point Of Stories respects the intellectual property of others and asks that users of our Platform do the same. In connection with our Platform, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Platform who are repeated infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Platform, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification must be provided to [email protected]:
Please note that any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement.
9. Limitation on Liability
To the maximum extent permitted by law, in no event shall Point Of Stories or our Affiliates be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the platform even if Point Of Stories has been advised of the possibility of such damages. Access to and use of the platform is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
Submitting Contents to our Platforms or Services and e-mails sent to our Platforms or Services are not editorially controlled by us and therefore we cannot be held liable under any circumstance(criminal, administrative or any other law) for illegal or unconstitutional content.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Platform. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earliest of thirty (14) calendar days following our dispatch of an e-mail notice to you or thirty (14) calendar days following our posting of notice of the changes on our Platform. These changes will be effective immediately for new users of our Platform. Continued use of our Platform following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.