TERMS OF SERVICE
BY DOWNLOADING THE SIDESTORY APP (THE “APP”) AND/OR USING THE FEATURES OF THE SIDESTORY APP YOU HEREBY SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE (“TERMS”). IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT DOWNLOAD OR USE WEBSITE OR THE SOFTWARE.
SNDMSG Inc. (“Sidestory”/“we”/“us”) owns and operates the website located at www.sidestory.com (the “Website”), and has created the Sidestory App, an iOS compatible mobile application which is currently available for download on the Sidestory Apple App Store for early stage Beta testing. Sidestory is a social networking and messaging app that enables users to create and share long form messages and story boards including pictures and videos with their friends and other users they are connected with on the Sidestory App (the “Services”). These Terms apply to any one downloading and using the Sidestory App and or accessing and using the website located at insert (the “Website”) and will govern use of the Services during the trial. At the end of the Beta testing stage, we will provide you with the opportunity to migrate to the full subscription version of the Services at the rates (if any) to be indicated by us, If you opt not to continue with a full subscription version of the Services, your right to use the Services will terminate and you will no longer be able to access and use the Services.
To use and/or register for the Service you must: be at least thirteen (13) years old; and b) cannot be a person barred from receiving the Service under the laws of the country in which you reside or from where you use the Service. By accepting these Terms you represent that you understand and agree to the foregoing.
BETA-TESTING SERVICE TERMS.
About the Services.
You acknowledge and understand that the Sidestory App and the Services are being provided in ‘closed beta’, not available to the general public, so certain features of the Services may be limited and may not reflect the full capabilities that the Sidestory App and the Services will have on launch. The Sidestory App and the Services are made available to you on an “AS IS” and “AS AVAILABLE” basis for a limited period of time for the purpose of providing us with feedback on the quality and usability of the Sidestory App and the Services. Accordingly, the Sidestory App and The Services may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your device and from peripherals (including, without limitation, servers and computers) connected thereto. We strongly encourage you to back-up all data and information on your device and any peripherals prior to using the Service.
YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE SIDESTORY APP AND SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, THIRD PARTY DATA CHARGES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA.
In addition, Company is not obligated to provide any maintenance, technical or other support for the Services or provide access to the Services under these beta-testing terms for any minimum period of time.
Registering to use the Services. To sign-up and activate the Services, you must be invited by another user of the App and Services, and you must register to create an account and a password. You can invite other individuals to use the App and Services sending such individual a message using the App. You can also use the App if you have another friend who has downloaded the App. To determine whether you have friends using the App, we will scan your contacts and determine if there is a match between your phone contacts and other users of the App and Services.
When you create an account you will be required to provide your phone number, name, username and a profile picture. In order to access and use the full capabilities of the App, we will also ask to access your contacts, turn on location services, and access your photo library, camera and microphone. You aren’t required to give us access to your location, but if you refuse to do so you will not experience the full functionality of the App.
Those users who are invited to join the closed beta trial of the Services and App (the “Trial”) by (i) registering to participate; (ii) downloading the Sidestory App; (iii) receiving confirmation of approval to participate in the Trial; and (iv) agreeing to these Terms (together “you”) will have advance access to the Services on the following terms:
License to App and the Services.
We grant to you a limited, personal, non-exclusive, non-transferable license to download and use the Sidestory App and the Services for testing only and not for resale or further distribution. Your right to use the Sidestory App and the Services is limited by all terms and conditions set forth in these Terms. The App is licensed to you and not sold. Nothing in these Terms of Service give you the right to use the Sidestory names, trademarks, logos, domain names and/or other distinctive features without our prior written consent.
Third Party Data Charges.
You acknowledge and agree that use of the Services may incur data charges from your mobile phone provider. It is your responsibility to pay such fees and to ascertain the level of such fees with your mobile phone provider.
Restrictions on Use of the Services.
Company may impose certain limitations on the use of the Services, including, but not limited to restricting the number of accounts you may register, and/or imposing charges for certain features of the Services. You agree to use the Sidestory App and the Services only for purposes as permitted by these Terms and not to use the Services for any purpose prohibited by Company or any law or regulation. Company reserves the right to modify or impose any limitations on the use of the Sidestory App and The Services at any time, with or without notice to you. We also reserve the right at all times (but will have no obligation) to terminate users and/or terminate the Trial at any time without any liability whatsoever to you.
All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the App by Users whether in public or private forums or otherwise (“User Content”), is the sole responsibility of such viewers or users. This means that the viewer or user, and not Sidestory, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. Sidestory does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will Sidestory be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service.
In using the Sidestory App and/or The Services you shall not:
intentionally or unintentionally violate any these Terms, or any local, state, provincial national or international law or regulation, including without limitation using the capabilities of the Services to transmit any unlawful content, to harass or intimidate others, to spam third parties or to impersonate anyone else;
license, sell, rent, lease, transfer, assign or otherwise commercially exploit the Sidestory App or the Services;
modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Sidestory App, the Website, or any software provided by us;
Post any content that you do not have the right to post, including, without limitation any content that infringes on third party rights such as intellectual property rights, copyright, trademark, patents, personality, publicity and privacy rights; or
Upload, post, email, transmit or otherwise make available any material that:
is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable; You do not have a right to make available under any law or under a contractual relationship; is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; 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 or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy; or contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
You agree to defend, indemnify and hold Company, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from: (a) any User Content that you create, submit, post, transmit, or otherwise make available through the Services; (b) your use of the App and Services; (c) any dealings between you and any persons (including other users of the App and Services) whom you send or otherwise transmit links or any User Content to using the Service, including without limitation claims relating to misrepresentation; (d) any violation by you of these Terms; or (e) your violation of any rights of another. This obligation shall survive the termination or expiration of these Terms and/or your use of the Services.
User Content License to Sidestory.
Except for material we may license to you such as the App and Website, Sidestory does not claim ownership of the User Content and other materials and/or content created, transmitted, uploaded, posted or otherwise made available by you through use of the Sidestory App. However, by using the Services you grant Company a worldwide, royalty-free, non-exclusive license to collect, use and store such Content solely for the purpose of providing the Services.
TERM AND TERMINATION
Termination by You. You may terminate your account and/or stop using the Services at any time.
Termination by Company.
Company may at any time, under certain circumstances and without prior notice, immediately terminate the Trial or suspend all or a portion of your account and/or access to the Services. Cause for such termination shall include, but not be limited to: (a) violations of the Terms or any other policies or guidelines that are referenced herein and/or posted in the App, or on the Services or Website; (b) a request by you to cancel or terminate your account; (c) discontinuance or material modification to the Services or any part thereof; (d) a request and/or order from law enforcement, a judicial body, or other government agency; (e) where provision of the Sidestory App or the Services to you is or may become unlawful; (f) unexpected technical or security issues or problems; or (g) your participation in fraudulent or illegal activities; or (h) Company’s decision to end the beta-testing under these Terms and migrate of users to paid subscription services. Any such termination or suspension shall be made by Company in its sole discretion, and Company will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Services.
Effect of Termination.
On termination, you will lose all access to the App and Services and any portions thereof, including, but not limited to, your account, unless you have opted to migrate to a full subscription for the Services.
IMPORTANT DISCLAIMERS AND SERVICE LIMITATIONS
THE SERVICES AND THE SIDESTORY APP ARE PROVIDED "AS IS." SIDESTORY SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND RELATING TO THE SIDESTORY APP AND THE SERVICES INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR MERCHANTABLE QUALITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND ANY MATERIAL INCLUDING USER CONTENT THAT IS TRANSMITTED, STORED, ACCESSED OR OTHERWISE MAINTAINED THROUGH THE USE OF THE SERVICES IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM ANY SUCH USE OF THE SERVICES. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN THE CONTENT (INCLUDING USER CONTENT), DATA OR INFORMATION PROVIDED BY THE APP AND SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SIDESTORY OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING THE SIDESTORY APP AND THE SERVICES. SIDESTORY WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICES AND WILL NOT BE RESPONSIBLE FOR ANY DATA CHARGES YOU INCUR IN YOUR USE OF THE SERVICES.
UNDER NO CIRCUMSTANCES SHALL SIDESTORY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THE SIDESTORY APP OR THE SERVICES, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, ANY BUGS, VIRUSES OR OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE SIDESTORY APP; (V) ANY DEALINGS BETWEEN YOU AND ANY PERSONS WHOM YOU SEND OR TRANSMIT ANY CONTENT TO USING THE SERVICE, INCLUDING WITHOUT LIMITATION USER CONTENT AND ANY PRODUCTS OR SERVICES OFFERED BY YOU TO SUCH PERSONS OR BY SUCH PERSONS TO YOU; OR ANY LOSSES INCURRED BY YOU, ANOTHER USER OR A THIRD PARTY AS A RESULT OF ANY USER CONTENT THAT YOU TRANSMIT, UPLOAD OR OTHERWISE MAKE AVAILABLE VIA THE APP AND SERVICES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SIDESTORY’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY CANADIAN DOLLARS ($50 CAD) OR (B) AMOUNTS YOU’VE PAID SIDESTORY IN THE PRIOR 12 MONTHS (IF ANY) THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY THE SIDESTORY APPLICABLE LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
Access to Your Account and Content.
You acknowledge and agree that Company may access, use, preserve and/or disclose your account information and content if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce these Terms, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Company, its users or the public as required or permitted by law.
We welcome your suggestions, comments and feedback on the Sidestory App and the Services (“Feedback”) especially during this Beta-Testing phase as it helps us to improve the product and our services. If you provide us with Feedback you agree that: (a) we are not subject to any confidentiality obligations in respect to the Feedback; (b) the Feedback is not confidential or proprietary information belonging to you or any third party and you have all of the necessary rights to disclose the Feedback to us; (c) Company (including all of its successors and assigns) may freely use Feedback without any restrictions; and (d) you are not entitled to receive any compensation or re-imbursement of any kind.
Use of the Services and App may be subject to the export and import laws of Canada, the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, but without limitation, the Sidestory App may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Sidestory App or the Services, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Sidestory App or the Services for any purposes prohibited by United States or Canadian law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
Sidestory may provide you with notices regarding the Services, including changes to these Terms, by email or by postings on the Website and/or the Services.
Governing Law & Disputes.
This Agreement shall be governed by the laws of the Province of Nova Scotia, Canada. No choice of laws rules of any jurisdiction shall apply to this Agreement. The courts of the Province of Nova Scotia shall have exclusive jurisdiction over any legal action or proceeding arising out of or relating to these Terms, the Sidestory App or the Services and you consent to the jurisdiction of such courts for any such action or proceeding. You waive all rights that you may have or that may hereafter arise to contest such jurisdiction of such courts. The parties waive any right to a jury trial with respect to any action brought in connection herewith. The Sidestory Application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded.
You agree that any claim or cause of action arising out of or related to these Terms or the use of the Services must be filed within one (1) year after the cause of action arose or be forever barred.
If you have any questions about these Terms or if you wish to receive any additional information, provide feedback or raise any concerns in relation to the Sidestory App or the Services, please contact us at: email@example.com .
Last Updated: August 2, 2016.