Terms and Conditions

The Terms and Conditions contains two sections, Section 1, TellOurLifeStories Terms and Conditions, and Section 2, the contract for Contributors to TellOurLifeStories.com Book Collection

Section 1: Terms and Conditions

READ THIS AGREEMENT CAREFULLY BEFORE USING ANY TELLOURLIFESTORIES.COM SERVICE. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN TELLOURLIFESTORIES.COM AND YOU, INCLUDING ANY TELLOURLIFESTORIES.COM CUSTOMER, USER, OR WEBSITE VISITOR, WHETHER AN INDIVIDUAL, CORPORATION, OR OTHER ENTITY. BY CLICKING “I ACCEPT” OR USING ANY TELLOURLIFESTORIES.COM SERVICE, YOU ARE AGREEING TO THESE TERMS, EFFECTIVE AS OF THAT MOMENT.

This Agreement refers to all users, Website visitors, and customers of TellOurLifeStories.com as “Customer.”

A. Terms of Service.

This agreement (this “Agreement”) between TellOurLifeStories.com LLC, a California limited liability company (“TOLS”) and Customer governs provision of TOLS’s Internet-based service (the “Service”) for posting, e-mailing, and otherwise transmitting memoirs and other content (the “Content”).

B. The Service.

  1. TOLS will provide the Service pursuant to this Agreement. The Service will include such features and restrictions as are provided in TOLS’s then-standard policies and procedures. TOLS may modify such policies and procedures, and the Service itself, at any time, without notice.
  2. The Service does not include access to the Worldwide Web or any assistance with such access. Customer is responsible for obtaining such access and for any related equipment and fees payable to third party service providers.
  3. Customer recognizes and agrees that: (i) the Service does not include data storage or data preservation; (ii) Customer is responsible for maintaining its own copies of the Content; (iii) Customer is responsible for creating and maintaining backup copies of the Content; and (iv) failure to create and maintain the copies listed above may lead to permanent loss of data. TOLS is not responsible for providing copies of the Content under any circumstances, including without limitation after suspension or termination of Service or of this Agreement.
  4. Customer will not be compensated for Content or for any other contribution to the Service. In the event that Customer submits Content for viewing by other customers of the Service or by the general public, TOLS may decide, in its sole discretion, whether to make such Content available for such viewing. Customer is responsible for maintaining the confidentiality of any passwords associated with the Service.

C. Fees.

Customer will pay for the Service in advance, on an annual basis or on such other basis as TOLS requires. TOLS may bill Customer’s credit card or otherwise invoice Customer in advance of provision of Service, including any renewal of Service. Customer will maintain a valid and up-to-date credit card on file with TOLS at all times. TOLS may interrupt or terminate the Service if any charge attempt is denied. Customer will make all payments in U.S. dollars.

D. Termination.

  1. Either party may terminate the Service for convenience on thirty (30) days’ advanced written notice. However, unless TOLS discontinues the Service for all customers, such termination by TOLS will not become effective until the end of any Customer prepayment period in effect as of the effective date of termination.
  2. In the event of any breach of this Agreement, TOLS may terminate or suspend the Service, or any portion thereof, without advanced notice.
  3. TOLS is not required to refund any fees paid or prepaid after termination of the Service, including without limitation termination pursuant to Subsections 3(a) or 3(b) above.

E. Acceptable Use & Privacy.

  1. Customer will not use the Service to: (i) infringe on the copyright, trademark, trade secret, or other intellectual property right of any person or entity, including without limitation by posting or transmitting Content without a license from its owner; (ii) infringe on the privacy rights of any person or entity; (iii) post or transmit any Content that is or may be defamatory, libelous, harassing, obscene, or otherwise offensive; (iv) post or transmit any Content without the full and complete legal right to do so, including without limitation Content subject to a nondisclosure agreement or subject to an employment, fiduciary, or other relationship requiring confidentiality; (v) impersonate any person or entity, including without limitation by posting or transmitting Content claiming to be authored or posted by a third party or by TOLS or its agents or employees; (vi) forge Web headers or otherwise manipulate identifiers for any reason, including without limitation to disguise the origin of any Content; (vii) create password-only access pages, hidden Content or pages, or other restricted Content or pages, except as specifically facilitated by the Service; (viii) post or otherwise distribute a virus or worm, or any other computer program intended to interrupt, interfere with, or harm any computer or telecommunications equipment or system; (ix) interfere with the functioning of the Service, including without limitation through flooding or denial of service attacks; (x) conduct any commercial activities, including without limitation by advertising any product or service; (xi) access other customers’ Service accounts, hack into the Service, or otherwise access or attempt to access any unauthorized element of the Service; (xii) probe, scan, or test the vulnerability of the Service; (xiii) send spam or other unsolicited mail; (xiv) advocate violation of any civil or criminal law anywhere in the world; or (xv) violate any civil or criminal law. In the event of loss or expiration of license rights, change of law, or other change of circumstances, Customer will promptly remove any Content that no longer complies with the requirements of this Subsection 4(a). Third party violations of the requirements of this Section 4(a) using Customer’s Service account constitute violations by Customer.
  2. TOLS has no obligation to monitor the Service or Content for violations of its policies or for illegal or improper conduct but may do so and may disclose information regarding use of the Service to courts and government agencies, including to satisfy laws, regulations, or governmental, legal, or law-enforcement requests.
  3. Without limiting any of TOLS’s rights or remedies, TOLS may suspend Service in whole or in part, without advanced notice, in the event that TOLS suspects a violation of the provisions of Subsection 4(a) or other improper conduct. Suspension pursuant to this Subsection 4(c) may continue so long as TOLS suspects a violation or improper conduct. In any judicial or other proceeding, Customer will bear the burden of proving that its Content and conduct do not violate the requirements of Subsection 4(a).
  4. Customer represents that Customer has read TOLS’s privacy policy (the “Privacy Policy”), currently posted here. Customer agrees that the Privacy Policy state’s TOLS’s full obligation with respect to privacy of data, except to the extent (if any) that applicable law provides additional obligations. The Privacy Policy applies only to the Service and to TOLS’s Website. TOLS is not responsible for use or misuse of data by any third party, including without limitation any other TOLS customer.

F. Customer Warranties and Indemnity.

  1. Customer acknowledges that TOLS requires that all of its customers, users, and Website visitors be at least 18 years old and that all customers and registered users provide accurate information in their online registration forms, including an e-mail address (“Registration Information”). Customer will update Registration Information promptly after any change. Customer represents and warrants that, (i) if an individual, he or she is no less than 18 years old; (ii) Customer has provided and maintained complete and accurate Registration Information; and Customer has the legal right to enter into this Agreement. TOLS’s remedies for breach of the promises, warranties, and representations in this Section 5(a) include, without limitation, termination of the Service and of this Agreement for breach, without advanced notice.
  2. Customer represents and warrants that: (i) Customer has and will have full rights to post any Content, including without limitation the rights to reproduce, distribute, publicly display, and otherwise use such Content; and (ii) the Content does not violate the privacy rights of any third party. TOLS’s remedies for breach of the warranty in the preceding sentence include, without limitation, removal of any Content and termination of the Service without advanced notice.
  3. Customer will indemnify, defend, settle at its expense, and hold TOLS harmless against any third party claim, suit, or proceeding claiming that the Content infringes on or violates any right of any third party, including without limitation any copyright, trademark, trade secret, other intellectual property right, or any privacy right. Customer’s obligations in this Section 5(c) extend equally to TOLS’s officers, shareholders, members, employees, agents, contractors, representatives, suppliers, subsidiaries, parents, and affiliated companies.

G. Warranties, Disclaimers, & Limitations of Liability.

  1. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TOLS does not warrant that the Service will be uninterrupted, error-free, or free from viruses or other harmful components, or that the Service will serve any need of Customer’s. TOLS MAKES NO EXPRESS OR IMPLIED WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. No communication between Customer and TOLS will create a warranty. As used in the previous sentence, “communications” include, without limitation, advice provided by TOLS or any of its representatives.
  2. TOLS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR MULTIPLE DAMAGES, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. TOLS’S MAXIMUM LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY CUSTOMER DURING THE TWENTY-FOUR (24) MONTHS PRECEDING THE INJURY GIVING RISE TO THE CLAIM.
  3. Without limiting the generality of the provisions of Subsections 6(a) and 6(b) above, TOLS WILL NOT BE LIABLE FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM ANY OF THE FOLLOWING OR FROM ANY TOLS EFFORTS TO ADDRESS OR MITIGATE ANY OF THE FOLLOWING: (i) LOSS OR CORRUPTION OF CONTENT OR LOSS OF ACCESS TO CONTENT; (ii) RELEASE OR EXPOSURE OF CONTENT OR OTHER DATA TO THIRD PARTIES, INCLUDING WITHOUT LIMITATION PERSONALLY IDENTIFIALBE INFORMATION OR OTHER PRIVATE DATA; (iii) SECURITY BREACHES, INCLUDING WITHOUT LIMITATION THIRD PARTY ACCESS TO CONTENT AND MISUSE OF PASSWORDS; (iv) MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, DELAYS IN OPERATION, OR OTHER FAILURES OF PERFORMANCE OF THE SERVICE; (v) CONTENT PROVIDED BY OTHER CUSTOMERS, INCLUDING WITHOUT LIMITATION CONTENT THAT IS OFFENSIVE OR LIBELOUS, THAT INFRINGES UPON INTELLECTUAL PROPERTY OR PRIVACY RIGHTS, OR THAT IS OTHERWISE OBJECTIONABLE; (vi) DAMAGE TO COMPUTER SYSTSEMS OR OTHER INJURY ARISING OUT OF OR RELATED TO CONTENT OR OTHER MATERIALS DOWNLOADED FROM THE SERVICE; or (vii) ACTIVITIES OF THE OPERATORS OF WEBSITES LINKED TO TOLS’s SITE OR TO THE SERVICE OR LOSSES ARISING OUT OF OR RELATED TO THE USE OF SUCH SITES.
  4. THE LIABILITIES LIMITED BY THIS SUBSECTIONS 6(b) AND 6(c) ABOVE INCLUDE, WITHOUT LIMITATION, LIABILITY FOR NEGLIGENCE AND FOR TORS AND BREACH OF CONTRACT. The limitations and exclusions of liability set forth in this Section 6 and in this Agreement apply equally to TOLS’s officers, shareholders, members, employees, agents, contractors, representatives, suppliers, subsidiaries, parents, and affiliated companies.

H. Miscellaneous.

  1. Title and intellectual property rights to the Service, and all software, logos, and other components thereof, are owned by TOLS, its agents, suppliers, or affiliates or their licensors. Without limiting the generality of the foregoing, Customer will not: (i) sell or resell the Service or access to the Service or otherwise attempt to make commercial use of the Service; (ii) reproduce, modify, or distribute any software provided with the Service; (iii) use or exploit any logo or trademark of TOLS; or (iv) reverse engineer, decompile, or otherwise attempt to derive source code from any software associated with the Service.
  2. TOLS and its employees and agents may, at any time, without notice: (i) access and view any Content and any Customer account information, for any purpose whatsoever in its sole discretion (except to the extent specifically forbidden in the Privacy Policy); and (ii) interrupt Service for any purpose whatsoever in its sole discretion, including without limitation to perform maintenance and to address security breaches.
  3. TOLS may, in its sole discretion, run advertisements and promotions on the Service.
  4. All written communications to Customer will be deemed delivered if sent to the contact points provided in the Registration Information. All written communications to TOLS will be sent to admin@tellourlifestories.com , unless TOLS notifies Customer in writing of alternate contact information. Customer understands and agrees that the Service includes certain communications sent by e-mail and other means, and that Customer can not opt out of receiving such communications.
  5. TOLS may revise this Agreement, including the Privacy Policy, from time to time by posting a new version on the TOLS Website. Revised terms will become effective immediately upon posting. CUSTOMER’S CONTINUED USE OF THE SERVICE AFTER POSTING OF ANY REVISED TERMS WILL CONSTITUTE ACCEPTANCE OF SUCH TERMS. This Agreement may not be revised or amended in any other way, except through a written contract executed by authorized representatives of both parties.
  6. This Agreement will be construed in accordance with and governed by the internal laws of the State of California without giving effect to any choice of law rule that would cause the application of the laws of any other jurisdiction other than the internal laws of the State of California to the rights and duties of the parties. The parties hereby consent to the personal and exclusive jurisdiction and venue of the federal and state courts of San Francisco, California. Customer recognizes and agrees that: (i) the Service is controlled and operated from TOLS’s offices in the State of California; and (ii) by providing the Service, TOLS is not purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California. TOLS make no representation that the Service or any component thereof is appropriate or authorized for use outside of the State of California.
  7. No delay, failure, or waiver of either party’s exercise or partial exercise of any right or remedy under this Agreement will operate to limit, impair, preclude, cancel, waive, or otherwise affect such right or remedy.
  8. Customer may not assign this Agreement or any of its rights or obligations hereunder to any third party. Except to the extent forbidden by the preceding sentence, this Agreement will be binding upon and inure to the benefit of the parties’ respective successors and assigns.
  9. If any provision of this Agreement is held invalid, illegal, or unenforceable, such provision will be construed so as to come as close as possible to its intended meaning, and the validity, legality, or enforceability of the remaining provisions will in no way be affected or impaired.
  10. This Agreement, including those documents incorporated by reference, embodies the final, full, and exclusive statement of the agreement between the parties, and supersedes all prior agreements, negotiations, representations, and proposals, written or oral, relating to its subject-matter.

Section 2: Contributors to TellOurLifeStories.com Book Collection

This section is a contract which applies to every submission of content (including text, photos, illustrations, or artwork) which is published in the TellOurLifeStories.com Book Collection, ("The Book"). The Book which is the subject of this agreement is intended to be a hard or soft cover printed collection of stories, photos, illustrations and artwork submitted by current and former subscribers of TellOurLifeStories.com.

The purpose of this agreement  is solely to allow TellOurLifeStories.com to publish Contributor's content in The Book.  Contributor gives TellOurLifeStories.com that one permission. Contributor keeps full rights to Contributor's work, retains all copyright, and Contributor can publish Contributor's work wherever else Contributor wishes.

This agreement ("Agreement") is made by and between TellOurLifeStories.com

("Company")  and author or artist ("Contributor"), for providing content for The Book.

1. CONTRIBUTOR'S RIGHTS AND RESPONSIBILITIES

a) Contributor agrees to act as an Independent Contractor.

b) Contributor agrees to submit content ( e.g., text, photos, illustrations, or  artwork) ("Content") to  Company for publication in The Book.

c) Contributor will retain all rights to  his or her Content that Contributor provides for The Book.

2. CONTRIBUTOR'S REPRESENTATIONS AND WARRANTIES

a) Contributor represents and warrants that  Content Contributor  submits is original and created by Contributor or, with respect to any portion of the Content, Contributor has obtained all necessary rights to publish such Content in The Book in conformity with this Agreement.

b) Contributor represents and warrants that all content Contributor submits does not violate the copyright, patent, trademark, right of privacy or publicity, of any person or entity , nor would the Content, if and when published, be libelous of any person or entity.

c) Contributor represents and warrants that Contributor has the right to enter into and fully perform all terms of this Agreement ,  and publication of  the Content in The Book will not place Contributor in breach of any other agreement Contributor has.

3. COMPANY'S RIGHTS AND RESPONSIBILITIES

a) Company retains all rights, including  by way of example the copyright to the layout or arrangement of The Book and/or trademark rights, to any and all intellectual property contained in or associated with The Book.

b) Company agrees to attribute Content provided by Contributor to Contributor.

4. LICENSE

a) Contributor grants to Company a worldwide, fully paid up, non-exclusive license to print, copy, distribute, promote and sell The Book in perpetuity and to create revised or new works, or any other printed Book that is a derivative work of The Book. Company retains the right to make reasonable, non-material edits to the Content to conform to Company's editorial standards.

b) Contributor retains the right to use the Content provided to Company in any manner Contributor chooses, including, but not limited to, posting on other internet websites and publication or broadcast in other media.

5. TERM OF AGREEMENT

This Agreement shall commence  upon acceptance by Contributor of these terms.  This Agreement will end when The Book is out of print, but the Contributor's Rights and Representations shall survive any termination of this Agreement.

6. CONSIDERATION

The sole consideration offered by Company to Contributor is the opportunity to have Contributor's content published in  The Book and for other good and valuable consideration, receipt of which is hereby acknowledged.

7. INDEMNIFICATION

Contributor agrees to indemnify and hold Company harmless for and against any and all claims and damages, including, but not limited to reasonable attorney's fees, resulting from a breach or claimed breach by Contributor of any of Contributor's representations, warranties, obligations, or responsibilities contained in this Agreement.

8. MODIFICATION

The offer contained in this Agreement is made only on the terms originally set forth in this Agreement. No modifications may be made to this Agreement by Contributor without the express written consent of Company.

9. GOVERNING LAW

This Agreement will be governed by the laws of the State of California, and any suits arising out of or relating to this Agreement shall be brought in a court of competent jurisdiction in the City and County of San Francisco, State of California. Prior to suit, the parties shall exercise their best efforts to resolve the dispute through mediation in San Francisco.

10. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties with respect to the subject matter of the Agreement and supersedes any and all prior agreements or understandings among the parties with respect to its subject matter.

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