Date of Last Revision: June 3rd, 2014
If you are reading this, welcome. Story & Heart, LLC (“Story & Heart”) provides an online marketplace where Filmmakers can contribute authentic film and video footage so other folks can license the footage for specific uses.
If you are a filmmaker that has contributed to the Story & Heart community, these Terms are in addition to the Filmmaker Agreement and any other agreement entered into between you and Story & Heart.
Any and all Clips downloaded or licensed from Story & Heart are subject to these Terms as well as the terms, conditions, and restrictions of the End User License Agreement. All content and materials contained on the Site are the copyright and intellectual property of Story & Heart, and/or its licensors, and all rights are reserved.
Eligibility and Use
Story & Heart is not recommended for anyone under the age of 13, anyone under 18 years of age will need consent from a parent or legal guardian to use the Site and/or purchase a Clip from Story & Heart.
Limited User: To fully appreciate the Story & Heart experience, we recommend setting up a User Account. However, without a User Account, you are permitted to use certain features of the Site as a Limited User. As a Limited User, you may:
View the footage offered by Story & Heart via Story & Heart’s online video player;
License a Clip for use in a final work, under the terms and conditions outlined in the End User License Agreement provided to you at the time of purchase;
Share Story & Heart video links via your social media channels; and,
Browse our filmmaker directory.
Account User: Once you have taken the steps to create a User Account, congratulations, you now get to take part in the full Story & Heart experience. By setting up a User Account, you are permitted to do all of the permitted activities of a Limited User, plus the following:
Participate in the Story & Heart online community;
Create and store Clips to a Story & Heart “Favorites folder”;
Download watermarked complimentary files for testing and licensing approval purposes;
Store your order history; and,
Access any licensed files for download at any time, provided that you follow all of the terms and conditions outlined by Story & Heart for your use of these materials.
It is your responsibility to truthfully and accurately provide all requested information when creating a User Account with Story & Heart. Your failure to provide truthful and accurate information may result in revocation of your permission to use the Site and/or any Clip(s) licensed from Story & Heart.
Filmmaker: Users may not contribute a Clip to the Site unless the person or entity has been approved as an official Story & Heart Filmmaker and has accepted the Filmmaker Agreement.
Your Story & Heart User Account information is password-protected for your privacy and security. You can play an important role in keeping your personal information secure by maintaining its confidentiality. Please advise us immediately if there is any unauthorized use of your User Account by any other Internet user or any other breach of security.
We have security measures in place to protect our user database and access to this database is restricted internally. However, it remains each customer’s responsibility to protect against unauthorized access to your personal information; to ensure against any unauthorized use of the Story & Heart service, through the machine that you use while logged on to the Story & Heart website; to log off or exit from the Story & Heart website when not using it; and to keep any passwords secret.
Price, Payment and Currencies
Payment must be made at the time a license is purchased. At this time, Story & Heart only accepts United States Dollars (USD). Payment can be made by Story & Heart-accepted credit cards, debit cards, or PayPal. You are responsible for any taxes applicable to the location/territory to which your order is sent. You represent that all information provided to Story & Heart for fulfillment of your order are correct and that the chosen method of payment is your property.
Warranties & Representations
By using this Site alone, or in conjunction with a downloaded Clip licensed by Story & Heart, you represent and warrant as follows:
You will not use the Site, the Clip(s), nor any content created with the Clip(s) for any unauthorized, improper or criminal purpose.
You will view and print pages from the Site solely for your legitimate personal use in connection with your use of the Site, and not for any commercial purpose such as advertising, marketing, soliciting, etc.
You will not reproduce, alter, damage, copy, modify, loan, lease, sell, license, reverse engineer, transmit or distribute any portion of the Site or its content, including its source code, software, and documents, unless expressly permitted to do so in writing by Story & Heart.
You will not place any false, fraudulent, misleading, unlawful, obscene, harassing, intimidating, or defamatory information on the Site or incorporate any such information in your use of the Clip(s).
You will not input or upload to the Site any information that contains viruses, Trojan horses, worms, time bombs, “spam,” or any other computer programming routine that is intended to damage, interfere with, intercept or expropriate the Site or its contents.
You will not collect any of the Clip descriptions, information, or prices, except as expressly permitted under the terms of the license purchased by Story & Heart.
Any content posted by you on the Site is original to or owned by you, or, you have obtained all necessary permissions and releases in writing (including any permission for the use of someone’s name and likeness) for the use of such content, and all content posted by you on the Site does not infringe any copyright or other proprietary right of any other person or entity.
You agree to comply with all applicable local, state, national, and international laws, rules, and regulations in your use of the Site and the Clip(s).
Any content you submit, post or display on the Site will remain your property. However, by submitting, posting or displaying Content on the Site, you grant Story & Heart a perpetual, worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute the posted content in any and all media or distribution methods (now known or later developed).
You agree to indemnify us for any loss, liability, or expense (including reasonable attorney’s fees) incurred by us for your breach of any of these warranties.
User Suspension and/or Termination
Story & Heart, in its sole discretion, may terminate your account registration at any time and for any reason, or no reason at all. A violation of Story & Heart Policies will not be tolerated. You understand that breach of any of these Terms may also result in civil action against you.
Right of removal of materials
Story & Heart reserves the right at any time, with or without your prior consent and without liability to you, to delete from the Site, all of your personal information, data, text, files, images and all other materials and to prevent you from obtaining access to any such data. In particular, it is the absolute policy of Story & Heart to reject any materials, which, at Story & Heart’s sole discretion, it considers to be obscene, in bad taste or in any other way inappropriate.
Rights of Ownership (Proprietary Rights)
You acknowledge and agree that Story & Heart, and its licensors (as the case may be), own all right, title and interest, including all intellectual property rights, in and to our Site, the Clip(s) and all Content therein. Content includes, but is not limited to: text, graphics, logos, audio and video clips, trademarks, software server technology and information, marketing programs (e.g., contests, polls), and anything else hosted on the Site (collectively, the “Content”).
Unless Story & Heart has agreed otherwise in writing, nothing in these Terms gives you a right to use any of Story & Heart’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features, for any purpose, in any manner that is likely to cause consumer confusion, or that disparages or discredits Story & Heart and/or the individuals that contribute Clips for licensing. All other trademarks not owned by Story & Heart that appear on the Site are the property of their respective owners, who may or may not be affiliated with Story & Heart.
Any modification made to the Content is a violation of Story & Heart’s intellectual property rights. Additionally, these properties may contain other proprietary notices and copyright information, the terms of which must be observed and followed. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Content.
You agree that as an express condition of holding an account with Story & Heart and accessing the Site, you shall not use the Site or our services to infringe the intellectual property rights of others in any way. Story & Heart reserves the right to terminate your account and deny you access to the Site if you infringe (or are alleged to have infringed) the copyrights or other intellectual property rights of any third party and to remove all such infringing (or allegedly infringing) material from the Site, its Clip(s), or and any other medium containing the infringing materials. You agree to promptly comply with any demand from Story & Heart to cease and desist from using any infringing material in violation of Story & Heart policies and/or any other law.
DMCA – Copyright Infringement Complaints by Third Parties
Story & Heart respects the intellectual property of others. We therefore abide by the federal Digital Millennium Copyright Act (“DMCA”) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we may remove or disable access to material residing on our Site that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that he or she may make a counter notification, also in accordance with the DMCA.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed, and the place where the material that you claim is infringing is contained in the Story & Heart Clip(s);
Your address, telephone number, and email address;
A statement that your claim of infringement is based on a good-faith belief;
A statement made under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.
Story & Heart’s copyright agent for notice of claims of copyright infringement can be reached by mail at: Legal Department- Story & Heart: 2105 SE 7th Avenue, Portland, OR, 97214. The above notice requirements are intended to comply with Story & Heart’s rights and obligations under the DMCA and, in particular, section 512(c), and do not constitute legal advice.
If material you’ve posted on our Site has been removed pursuant to a DMCA notice, you may file a counter-notification that contains the following details:
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
Your name, address and telephone number;
A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside of the USA, for the Federal District Court of Oregon and that you will accept service of process from the person who submitted a notice in compliance with the section (c)(1)(C) of the DMCA, as generally described above;
Your physical or electronic signature.
Send this notice to Legal Department-Story & Heart: 2105 SE 7th Avenue, Portland, OR, 97214.
Story & Heart may advertise or sponsor promotions from time to time on the Site. If the promotion is sponsored by an external party, this is clearly stated in the promotion, and Story & Heart expressly disclaims any responsibility of any kind for your participation in an external promotion. You agree to indemnify Story & Heart from any and all liability arising from your participation in an external promotion.
The terms of any internal promotion offered by Story & Heart will be clearly stated within the promotion and are in addition to these Terms.
Advertisements and Third Party Links
Story & Heart does not endorse nor does it accept any responsibility for the content or your use of any advertisement and/or third party websites linked on the Story & Heart Site. It is up to you to take precautions against viruses, worms, Trojan horses and other items of a destructive nature that may exist on third party sites. We encourage you to reach the terms, conditions, and privacy policies of any other websites you visit.
Because public networks, such as the Internet, occasionally experience disruptions, Story & Heart cannot guarantee the Site will be available 100% of the time. Although Story & Heart strives to provide the most reliable website possible, interruptions and delays in accessing the Site are unavoidable and Story & Heart disclaims any liability for damages resulting from such problems.
Information on the Site or in the meta-data attached to the Clip(s) may contain technical inaccuracies or typographical errors. Story & Heart attempts to make its descriptions as accurate as possible, but does not warrant that the content of the Clip(s) is accurate, complete, reliable, current, or error-free.
DISCLAIMER, LIMITATIONS OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STORY & HEART, ITS OFFICERS, EMPLOYEES, AGENTS, OR ASSIGNS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, HOWEVER CAUSED, WHETHER BASED ON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY, OR ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO, LOST OR DAMAGED DATA, SUBSTITUTE GOODS, LOST PROFITS, LOST REVENUE, LOSS OF ANTICIPATED PROFITS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF SERVICE, OR LOSS OF USE OF EQUIPMENT, FACILITIES OR SERVICES. THE COMBINED MAXIMUM LIABILITY OF STORY & HEART, ITS OFFICERS, EMPLOYEES, AGENTS, AND ASSIGNS FOR ANY REASON SHALL NOT EXCEED, IN THE AGGREGATE, THE NET PURCHASE PRICE (EXCLUDING TAXES AND FREIGHT) OF THE LICENSE(S) PURCHASED BY YOU.
DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STORY & HEART MAKES NO WARRANTIES TO YOU OF ANY KIND, WHETHER EXPRESS OR IMPLIED, CONCERNING OUR SERVICES, THE CLIPS OFFERED FOR LICENSE, OR THE SITE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SITE AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” BASIS.
Indemnification of Story & Heart
You agree to indemnify Story & Heart and its affiliates, employees, agents, owners, officers, representatives, licensors and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your use of the Site, the Clip(s), your unauthorized use of the same, your breach of these Terms, or from any other loss or damage of whatever kind suffered by any third party as a result of your use of the Story & Heart Clip(s) or the Site.
These Terms constitute the complete and final agreement between the parties and supersede any prior oral and written agreements. The headings contained in these Terms are inserted for the convenience only and shall not be interpreted to alter or otherwise effect these Terms. This Site is created and operated in Oregon and these Terms shall be construed and governed by the laws of the State of Oregon, without regard to Oregon’s conflict-of-laws principles. You agree that any claim asserted in any legal proceeding based on these Terms or the Site shall be commenced and maintained exclusively in state or federal court located in Multnomah County, Oregon. You agree to submit to the jurisdiction of such courts over you personally in connection with such litigation, and waive any objection to venue in such courts and any claim that such forum is an inconvenient forum. A waiver of any right, default, or provision of these Terms shall not be deemed a continuing waiver or a waiver of any other default or term. Any portion of these Terms that are deemed invalid or unenforceable in any jurisdiction shall not render invalid or unenforceable the remaining Terms or otherwise affect the validity or enforceability of the remaining Terms. You agree that the remedy at law for any breach of these Terms by you would, by its nature, be inadequate, and that in that event Story & Heart shall be entitled, in addition to damages, to a restraining order, temporary or permanent injunctive relief, specific performance, and other appropriate equitable relief, without showing or providing that any monetary damage has been sustained and without the requirement of posting a bond. In any proceeding to enforce or interpret this Agreement, the prevailing party shall be entitled to recover from the losing party reasonable attorney fees, costs, and expenses incurred by the prevailing party before and at any trial, arbitration, bankruptcy, or other proceeding, and in any appeal or review. If your payment for any reason fails to be accepted, you shall be responsible for any collection costs incurred by us, including attorney’s fees. Our performance of any obligation hereunder shall be excused or rescheduled if prevented by acts of God, government or public enemy, fire or other casualty, labor dispute or, without limiting the generality of the foregoing, any circumstance beyond our reasonable control.
These Terms govern your use of the Site and any purchase of a license from Story & Heart. We reject any additional or contrary terms submitted by you or any other third party. Any exceptions or changes to these Terms will only be binding if approved in writing by an authorized officer of Story & Heart.
Questions and Contact
If you have any questions, comments or concerns regarding these Terms, the Site or its content, our products or services, technical dilemmas you may be experiencing, or any other part of the Story & Heart experience, please email us at firstname.lastname@example.org.
© 2014 Story & Heart LLC. All Rights Reserved.