Terms of Use
This is an agreement between you and Digital Story Therapies, Inc. (“DST,” “we” or “us”). Please read these Terms of Use and the DST Privacy Policy (https://digitalstorytherapies.com/privacy-policy), (collectively, this “Agreement”) before purchasing or using any aspect of the Service (as defined below). By using the Service, you agree to be bound by the terms of this Agreement on behalf of yourself and all members of your household and others who use the Service under your account. If you do not accept the terms of this Agreement, then you may not use the Service.
For the purposes of this Agreement:
“Content Provider” means Digital Story Therapies, Inc. and its licensors.
“Content” means digital content obtained through the Service.
“Service(s)” means the software as a service to be provided by DST, as may be modified by DST to maintain or improve the quality or marketability of the Service or to bring DST’s provision of the Service into compliance with applicable law.
1. Content
Use of Content. Upon your download or access of Content and payment of any applicable fees (including applicable taxes), the Content Provider grants you a non-exclusive right to view, use, and display such Content only as long as you remain an active subscriber, solely through the Service, and solely for your personal, non-commercial use. Content is licensed, not sold, to you by the Content Provider.
Limitations. Unless specifically indicated otherwise, you may not sell, rent, lease, distribute, broadcast, sublicense, or otherwise assign any rights to the Content or any portion of it to any third party, and you may not remove or modify any proprietary notices or labels in the Content. In addition, you may not attempt to bypass, modify, defeat, or otherwise circumvent any digital rights management system or other content protection or features used as part of the Service.
2. Use of the Services
License and Access. Subject to your compliance with these Terms of Use and your payment of any applicable fees, DST or its licensors grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services. This license does not include any resale of the Service, or its Content; any derivative use of the Service or its Content; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by DST or its licensors, suppliers, or other rightsholders. The Service may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the express written consent of DST. You may not misuse the Service. You may use the Service only as permitted by law. The licenses granted by DST terminate if you do not comply with these Terms of Use.
Importing, Sharing, and Distributing Content. The Services may allow you to import, upload, export, share, submit, or otherwise distribute, content, including comments, to yourself or others (“Distribute”). You may not Distribute content that contains child sexual abuse or other abusive materials, or that advocates hatred, violence, or terrorism. You are solely responsible for all content that you Distribute. DST takes no responsibility and assumes no liability for any content that you, or any third party, Distribute. DST may investigate any suspected violation or other misuse of the Service and may review and remove any content and associated metadata.
License to Use Feedback. You grant DST a worldwide, perpetual, irrevocable, royalty free license to use and incorporate into its services any suggestion, enhancement request, recommendation, correction, or other feedback that you provide relating to the operation of DST’s business, including but not limited to the Services and Content.
3. General
Information Provided to DST. The Service will provide DST with information about your use of the Service, including information about your interaction with Content. We will handle any information we receive in accordance with the DST Privacy Policy (https://digitalstorytherapies.com/privacy-policy).
Information Provided to Others. You are solely responsible for any information you provide to others using the Service. Use of information you provide to these third parties will be subject to any privacy notice or other terms that they may provide to you.
Termination; Fraud. Your rights under this Agreement will automatically terminate if you fail to comply with any term of this Agreement. We may also terminate your right to use the Service at any time, including if we determine your use violates any term of this Agreement or involves any fraud or misuse of the Service. In case of such termination, you must cease all use of the Service, and DST may immediately revoke your access to the Service without refund of any fees. DST’s failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights.
Changes to Service; Amendments. We may change, suspend, or discontinue the Service, in whole or in part, including adding or removing Content from the Service, at any time without notice. We may amend any of this Agreement’s terms at our sole discretion by posting the revised terms on the digitalstorytherapies.com website. Your continued use of the Service after the effective date of the revised Agreement terms constitutes your acceptance of the terms.
Disputes. This Agreement and any dispute related to this Agreement shall be governed by and interpreted in accordance with the laws of the State of Ohio without regard to its conflict of laws provisions. If any litigation is validly instituted in connection with this Agreement, the parties hereby consent to the exclusive personal jurisdiction of the state and federal courts in Franklin County, Ohio and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial.
General Disclaimer of Warranty. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND AS AVAILABLE BASIS, AND DST DOES NOT MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIMS, ANY REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. DST DOES NOT WARRANT THAT THE SERVICE: (A) WILL BE ERROR-FREE, (B) WILL MEET ANY SPECIFIED SERVICE LEVEL, OR (C) WILL OPERATE WITHOUT INTERRUPTIONS OR DOWNTIME.
Limitation of Liability. IN NO EVENT WILL OUR OR OUR LICENSORS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE SERVICE IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE FIRST EVENT THAT GAVE RISE TO SUCH CLAIM. THIS LIMITATION WILL APPLY TO YOU EVEN IF THE REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.