Point Of Stories Terms Of Use

These Terms of Use described the legally binding terms and conditions that oversee your use our Services. BY LOGGING INTO THE SITE, YOU ARE BEING COMPLIANT THAT THESE TERMS and you represent that you have the authority and capacity to enter into these Terms. IF YOU DISAGREE WITH ALL OF THE PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE OUR SERVICES.

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

• Subject to these Terms, You are granted a non-transferable, non-exclusive, revocable, limited license to access the Platform solely for your own personal, noncommercial use.
• Certain Restrictions. The rights approved to you in these Terms are subject to the following restrictions:

  (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.

• We reserve the right to change, suspend, or cease the Platform with or without notice to you. You approved that Company will not be held liable to you or any third-party for any change, interruption, or termination of the Platform or any part.
• No Support or Maintenance. You agree that We will have no obligation to provide you with any support in connection with the Platform.
• Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Platform and its content are owned by Point Of Stories or affiliates. Note that these Terms and access to the Platform do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed in Section 1.1. Point Of Stories and its affiliates reserve all rights not granted in these Terms.

2. User Content

Acceptable Use Policy. The following terms constitute our "Acceptable Use Policy

• You agree not to use the Platform to collect, upload, transmit, display, or distribute any User Content

  (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.

• Furthermore, you agree not to:

  (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.

• We reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 6, and/or reporting you to law enforcement authorities.
• If you provide Point Of Stories with any feedback or suggestions regarding the Site, you hereby assign to Point Of Stories all rights in such Feedback and agree that Point Of Stories shall have the right to use and fully exploit such Feedback and related information in any manner it believes appropriate. Point Of Stories will treat any Feedback you provide \ as non-confidential and non-proprietary.

3. Account

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

• Third-Party Links & Ads. The Platform may contain links to third-party websites and services, and/or display advertisements for third-parties. Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.
• Other Users. Each Platform user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that Point Of Stories will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Platform user, we are under no obligation to become involved.
• You hereby release and forever discharge the Point Of Stories and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Platform. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

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

• (a) your use of the Platform,
• (b) your violation of these Terms,
• (c) your violation of applicable laws or regulations or
• (d) your User Content.

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.

7. Disclaimer

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]:

1. your physical or electronic signature;
2. identification of the copyrighted work(s) that you claim to have been infringed;
3. identification of the material on our services that you claim is infringing and that you request us to remove;
4. sufficient information to permit us to locate such material;
5. your address, telephone number, and e-mail address;
6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

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.

10. General

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.