Terms and Conditions
These Website Terms and Conditions (the “Terms”)—together with the other documents referenced and linked below (collectively, the “Agreement”)—describe your rights and responsibilities concerning your receipt of online services offered by Left Stuff Inc. (“StoryTap”), including the story recording services and the storage platform, via the website leftstuff.com or storytap.com (collectively, the “Services”). For the purpose of these Terms, “you” or “your” will refer to the end user visiting, browsing, accessing, downloading, installing or otherwise using (the terms “use” and “using” will refer to any of the foregoing) the Services.
Your use of the Services, including through a visit of the storytap.com or app.storytap.com website (the “Website”), whether as a visitor to the Website, a user of the story recording services or the storage platform from the Website, constitutes your acceptance of this Agreement and any additional terms presented in connection with certain services (“Additional Terms”). Please take the time to review the Agreement and any Additional Terms, if applicable, carefully.
If you do not agree with some or all of these terms, do not use the Website or our Services.
Last revised: December 4, 2017
1. Operator and Provider
The Services are provided by StoryTap. StoryTap can be contacted at firstname.lastname@example.org. Questions about our Services, or regarding your rights and responsibilities under this Agreement, can be directed to email@example.com. In this Agreement, the terms “we”, “our” and “us” refer to StoryTap.
2. Modifications and Updates to These Terms and Conditions
We reserve the right to unilaterally update or modify (collectively “change”) this Agreement at any time and from time to time. We will notify you of any changes to this Agreement by posting notice of such changes on the Website. You agree that we have this right, and that your continued use of the Services following notice of such change means that you agree to and accept the amendments. If you do not agree, you must immediately stop using the Services, and notify us that you are terminating this Agreement.
3. Use and Accuracy of Information
Although StoryTap uses reasonable commercial efforts to ensure that the information contained on the Website is accurate, StoryTap does not warrant or make any representation regarding the accuracy or completeness of any information or data provided on the Website.
4. Other Terms
You hereby represent and warrant that, and you may use the Services and the Website only if, you:
a. can lawfully enter into and form contracts in accordance with local laws;
b. are over the age of majority in your jurisdiction of residence and are not a convicted sex offender;
c. have not previously entered into an agreement relating to the Services that we terminated; and
d. agree that any information you provide to us, whether as a visitor to the Website or as a user of Services on the Website, is truthful, accurate for the benefit of StoryTap.
Notwithstanding anything else contained herein, we reserve the right to refuse to provide Services or access to the Website, to anyone at any time for any reason.
All of the Website content on or made available via the Website, including without limitation all of the page headers, images, navigation, illustrations, graphics, audio, commercial photographs, artwork, illustrations, video clips, multimedia clips, interfaces, computer code, text and the design, look and feel and arrangement of the Website (collectively the “Materials”) is the property of StoryTap or our licensors—as are all related trade-mark, copyright, patent and/or other intellectual property rights. The Materials does not include the user-generated, directed video stories posted by end users that may be viewed on or accessed through the Services (the “Video Content”).
The Materials are protected under copyright, trade-mark and other laws of Canada and other countries, and StoryTap owns all copyright in the selection, co-ordination, arrangement and enhancement of the Materials. You must not alter, delete or conceal any notice of ownership on the Website, including but not limited to any copyright, trade-mark or other notices, on any Materials that you license from us or display or reproduce from the Website. You may not reproduce, modify, display, perform, publish, distribute, share or create derivative works from any of the Materials. Any unauthorized use of the Materials will be prosecuted to the fullest extent of the law.
“StoryTap” is a trade-mark and/or trade name of StoryTap. All other company names, brand names, trade-marks and logos are the property of their respective owners. No part of the Services will be construed as granting any license or right to use any trade-marks (whether by implication or otherwise), including our trade-marks, except with the express written permission of us or such other party that may be the owner thereof.
7. Your Information
StoryTap uses a secured platform to protect your Information. As our Services allow you to share your Information with others, please be aware of who you share your Information with and what type of Information you share. Once you share the Information, it may not be secure. Please do not share any information that you do not own – such content may be protected by the intellectual property rights of others and should not be used while using the Services.
8. Your Account
When you create a user name or account to use our Services, you agree to provide correct personal information. StoryTap reserves the right to suspend, deactivate, or replace your account if it determines that your account may have been used for an unauthorized purpose. If StoryTap disables your account for security concerns, you will not create another one without StoryTap’s permission. You will keep your contact information current and up to date. You agree to not share your user name or password and you agree to not transfer your account without notifying StoryTap at the following email: firstname.lastname@example.org. You will not let anyone else access your account or do anything else that might jeopardize the security of your account.
9. Permitted Use of the Website; Prohibitions
In using the Services, you will at all times exercise good judgment, and act reasonably and in good faith.
You may view the Materials on the Website or use such Materials as permitted in the Additional Terms. Without limiting the foregoing, you will use the Services for the sole purpose of creating, storing, accessing, managing, and sharing Video Content for promotional purposes.
Any use of any of the Materials (whether in whole or in part) is strictly prohibited, except only and to the limited extent expressly permitted above. The Materials may not be used, co-opted, copied, modified, distributed, republished, exploited commercially, or posted in or on any public or other social media threads in any manner whatsoever without the prior express written consent of StoryTap or unless an enabled featured on the StoryTap platform. In any event where such prior express written consent is obtained from StoryTap, it is hereby agreed and understood that StoryTap shall retain all rights and title to and ownership of the Materials including the materials covered by such consent and shall, furthermore, retain authority to revoke such consent and issue notices to have any and all offending content, materials, and references to StoryTap and the Materials removed, deleted, or destroyed. StoryTap may issue notices by way of any mode or means of communication; such mode and/or means shall be deemed sufficient notice of demand.
Without limiting the foregoing, you must not yourself, and will not permit others to:
- sub-license, sell, rent, lend, lease or distribute the Services – unless with granted written permission from StoryTap, or any intellectual property rights therein or otherwise make the Services available to others;
- use or access the Services in violation of any applicable law or intellectual property right, in a manner that threatens the security or functionality of the Services, or for any purpose or in any manner not expressly permitted in this Agreement;
- use the Services to create, collect, transmit, store, use or process any Video Content or Information:
- that contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data;
- that you does not have the lawful right to create, collect, transmit, store, use or process; or
- that violates any applicable laws, or infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party (including any moral right, privacy right or right of publicity);
- modify, improve, customize, update, enhance aggregate, compile, create derivative works, translate, and adapt the Services;
- reverse engineer, de-compile or disassemble the Services, or use any robot, spider, other automatic device or manual process to monitor or copy web pages or the Materials;
- frame, mirror, scrape, or mine any of the Video Content, Information or the Materials;
- remove or obscure any proprietary notices or labels on the Services, including brand, copyright, trademark and patent or patent pending notices;
- access or use the Services for the purpose of building a similar or competitive product or service;
- take any action that places a disproportionately large load on the infrastructure of the Website or the Services;
- perform any vulnerability, penetration or similar testing of the Services, including whether directly or indirectly, using any device, software or routine or otherwise interfere or attempt to interfere with the proper working of the Website; or
- use or access the Services in a manner which violates this Agreement.
You must not submit, publish or otherwise disseminate to StoryTap or through the Website or in using the Services anything, including Video Content, which: (a) defames, libels or invades the privacy of any person; (b) is obscene, pornographic, abusive, threatening, libellous, fraudulent or harassing; (c) infringes on any intellectual property or other rights (including confidentiality) of any person or entity; (d) has contaminating or destructive properties (i.e. software viruses); (e) violates any law; (f) advocates or describes any illegal activity; or (g) adversely reflects on StoryTap, StoryTap’s goodwill, reputation or name. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials. StoryTap does not regularly review the Video Content created, collected, transmitted, stored, used or processed through the Services but does reserve the right (but not obligation) to monitor or remove any Video Content submitted to the Services. You are and will remain solely responsible for the Video Content you create, collect, transmit, store, use or process using the Services.
We may enforce our rights to the fullest extent of the law should you breach any of these terms and conditions.
10. Termination of Your Use of the Website
In addition to any other rights or remedies available to us, in our sole discretion we may terminate or restrict your access to this Website, the Materials, the Services or any component thereof at any time, without notice or liability to you.
The Website may contain links to other websites. These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by StoryTap of the linked website or information contained therein. Your use of such sites and your dealings with the owners or operators thereof are at your own risk. You may not link any website to the Website, without our prior written permission which you may obtain by writing us at email@example.com.
12. Errors; Review; Disclaimer of Warranties
The Website, the Materials and the Services are provided “as is”, “where is”, “as available”, without representations or warranties of any kind. TO THE FULL EXTENT PERMITTED BY LAW, STORYTAP, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, MEMBERS AND SUPPLIERS DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE, ITS CONTENTS AND ALL SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OR ARISING BY COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE OR USE.
Without limiting the foregoing, we do not represent or warrant that any of the Materials or Services are accurate, complete, reliable, useful, timely or current or that the Website or Services will operate without interruption or error. We assume no responsibility, and are not liable for, any damages to your computer equipment, data, Information or other property on account of your access to, use of, or browsing on the Website, your downloading of any Materials or use of the Services, or inability to do any of the foregoing. We make no representation that the Materials provided on the Website or the Services are applicable or appropriate for use in locations outside of Canada.
13. Limitation of Liability
Your use of this Website or use of the Services is undertaken at your own risk. Under no circumstances will StoryTap, our affiliates or agents be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of this Website, your reliance on any Materials, use of the Services or any consequences flowing therefrom. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS OR FAILURE TO REALIZE ANTICIPATED BENEFITS), WHETHER BASED IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, STORYTAP DOES NOT ENDORSE THE VIDEO CONTENT SUBMITTED, PUBLISHED OR OTHERWISE DISSEMINATED USING THE SERVICES AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY SUCH VIDEO CONTENT.
If you are dissatisfied with the Website, any Materials, and any Services or with this Agreement, your sole and exclusive remedy is to discontinue using the Website and the Services.
You agree to indemnify and save harmless StoryTap, our affiliates, and their respective directors, officers, agents, members and suppliers (in this section, “we” and “us”) from and against any claim, cause of action, demand, cost, loss, expense or liability (including without limitation reasonable professional fees) brought against or suffered or incurred by us as a result of your use of the Website, the Materials, the Services or your breach of this Agreement. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement. In addition, in the event we are made a party to any claim, suit or action relating to or arising from any Services offered by us that is: (a) initiated by you, which is unsuccessful; or (b) initiated by a third party, who is suing you; you will reimburse us at a reasonable rate for all personnel time and expenses expended by us in response to such claim, suit or action including without limitation, all attorney fees and expenses incurred by us with respect to such response. This defence and indemnification obligation will survive termination of this Agreement and your cessation of use of the Website.
15. Governing Law and Courts; Timing of Claims
This Agreement and your use of the Services (including access to the Website) will be governed by and interpreted exclusively in accordance with the laws of the Province of British Columbia, and the federal laws of Canada applicable in British Columbia, excluding its conflict of laws rules and all private international laws. You further agree that despite being available from a variety of jurisdictions, the Services (including access to the Website) will be deemed solely based in the Province of British Columbia, Canada; and that the Services and the Website will be deemed to be passive in nature and not giving rise to personal jurisdiction over StoryTap in jurisdictions other than the Province of British Columbia. You consent and submit to the exclusive jurisdiction of the Courts located in the Province of British Columbia in all disputes arising out of or relating to your use of or inability to use the Services and this Agreement. However, you agree that nothing herein precludes StoryTap’s application for injunctive remedies or other urgent legal relief in any jurisdiction. You agree that any claim or cause of action you may have arising from, connected with, or relating to this Agreement or the Services must be commenced in a court of competent jurisdiction in the Province of British Columbia within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred.
The terms of this Agreement are severable. If any provision of this Agreement is determined to be unenforceable or invalid, then such provision will be enforced to the fullest extent permitted by applicable law, and such determination will not affect the validity and enforceability of any other remaining provisions.
17. Other Jurisdictions
Use of the Services is unauthorized in jurisdictions that do not give effect to this Agreement or where access to or use of the Services may be illegal or prohibited. Those who choose to access the Services from such locations do so on their own initiative, at their own risk and are responsible for compliance with local laws, if and to the extent local laws are applicable.
StoryTap may provide notifications (whether required by law, for authorized marketing or business related purposes) to you via email notice or through conspicuous posting of such notice on the Website, as we may determine in our sole discretion.
No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties.
The provisions of this Agreement will enure to the benefit of and be binding upon each of StoryTap and its successors and assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without our express prior written consent which may be withheld in our sole discretion. We may assign this Agreement and its rights and obligations under this Agreement without your consent or notice to you.
The provisions of Sections 6, 9 and 12-23 will survive termination of the Agreement, howsoever occasioned.
This Agreement, and any rights granted herein, may not be transferred by you, but may be assigned or transferred by StoryTap without restriction.
23. Entire Agreement
This Agreement, together with those documents incorporated or referred to herein, constitute the entire agreement between you and us relating to your use of the Services and Materials, and supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and cannot be amended or modified except by our express and explicit agreement to modify this Agreement in writing, or by us making such amendments or modifications available to you pursuant to a modification of this Agreement as permitted herein. No StoryTap employee or agent has the authority to vary this Agreement.
Who we are
StoryTap is a Canadian company based in Vancouver and have our registered office at 1200-555 West Hastings, Vancouver B.C. V6B 1M1. We are the controller responsible for the processing of personal data and video through the web application.
How StoryTap works
StoryTap’s platform is licensed to clients. These clients are brands who are interested in StoryTap’s technology to easily collect and share authentic video stories, at scale. Clients brand StoryTap’s platform to reflect their own brand guidelines and then customize almost all the copy on the platform to direct video stories and its experience to reflect their own promotional strategies. Once you’ve recorded a video using StoryTap’s technology, you will be asked to agree to a video release. That video release can be read in detail by clicking “view details”. If you agree to the video release, the brand will receive you video and will be able to use it in anyway which is was described. Those video rights are irrevocable. If you do not accept, the brand will not receive that video.
How we Collect, Use and Disclose your Personal Information
We collect, use and disclose Personal Information only as follows:
- in providing the Services;
- to communicate with users of the Services;
- to respond to or fulfill user requests or questions;
- to anonymously analyze Website usage and improve the Services for internal research, troubleshooting problems, and protecting against error, fraud or other criminal activity;
- to third-parties that provide services to StoryTap and are bound by similar privacy restrictions;
- to enforce the Terms;
- if a law, regulation, search warrant, subpoena or court order legally requires or authorizes us to do so; and
To provide the Services, StoryTap may access Personal Information, account credentials, and any user-generated content in limited and controlled capacities. StoryTap will only undertake such in accordance with StoryTap’s internal procedures and safeguards governing such access. Any individuals associated with StoryTap and who have been provided with such access have been selected in accordance with security policies and are bound by confidentiality obligations. Employees may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations. StoryTap may also use third party vendors or service providers to help provide the Services, such as sending e-mail messages or hosting a particular feature of the Services. StoryTap’s contracts with these third parties outline the appropriate use and handling of your information and prohibit them from using any of your Personal Information for purposes unrelated to the product or service they’re providing. StoryTap requires these third parties to maintain the confidentiality of the information we provide to them.
Brand Video Rights
The Website allows Organizations, Companies, Non-Profits and other organizations (“Brands”) to request personal videos from the user. If you choose to use this feature of StoryTap then the appropriate Video Release terms apply, including exclusive ownership of all intellectual property and other rights, title and interest, globally in and to all video collected by the Brand.
The Website allows the user to share personal videos. If you choose to use this feature of StoryTap then StoryTap is not responsible or liable for any privacy breaches of the content actively shared by the user. Users should exercise caution in sharing their videos and should set out their preferences of allowing the person with whom content is shared, to use, download or share the user’s personal video.
Information Could be Used to Improve User Experience
When you use our Website, a cookie may be placed within the memory of your internet access device. A cookie is a small piece of information that a website can store via your internet access device for later retrieval. We may use permanent cookies or server-side artifacts to help us track use of our services by users, including casual visitors to the Website—such as (without limitation) the number and frequency of visits to our pages and which parts of our Website are visited. Similarly, we may also collect IP addresses of users who visit the Website or other technical and navigational information, and use such information to evaluate Website performance and service quality.
Disclosure of Personal Information to Protect our Rights or if Required by Law
Links to Third Party Sites
The use of our Services may lead you to third party websites. Those organizations are separate and distinct from StoryTap and have their own separate privacy policies. We are not responsible in any way for how any third party collects, uses or discloses your Personal Information that you separately provide them, so it is important to familiarize yourself with the privacy policies of these websites before providing your Personal Information to them.
Retention of Personal Information
We retain personal data for as long as necessary to fulfil the purposes for which we collect or receive the personal data, except if required otherwise by applicable law. Typically, we will retain most of the personal data for the duration of your use of the website, until you have removed your account, unless a longer applicable statutory retention period applies.
We transfer personal data to third parties in countries outside of Canada for the purpose of storage and stitching videos. In particular, personal data may be transferred to the United States.
When we transfer your personal data outside Canada, we will protect your personal data as described in this Privacy Statement.
How we protect personal data
We maintain appropriate technical and organizational security safeguards designed to protect your personal data against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. However, due the inherent open nature of the Internet, we cannot guarantee that communications between you and us or the personal information stored is absolutely secure. We will notify you of any data breach that is likely to have unfavorable consequences for your privacy in accordance with applicable law.
Accuracy of Personal Information and Individual Access
StoryTap takes reasonable steps to ensure that any Personal Information in our custody is accurate and up-to-date for the purposes for which the Personal Information is to be used by StoryTap. In most instances, we rely on users of the services to notify us of any changes to their Personal Information. Upon written request to firstname.lastname@example.org you will be informed of the existence, use and disclosure of your Personal Information, and will be given access to that Personal Information. StoryTap provides an opportunity for individuals to challenge the accuracy and completeness of the Personal Information and have it amended as appropriate.
Updates to this Privacy Statement
We may update this Privacy Statement from time to time. We will notify you of any significant changes to this Privacy Statement on the website or through other appropriate communication channels. All changes shall be effective from the date of publication, unless otherwise provided in the notification.
Last Revised: May 24, 2018
This is the content policy (“Content Policy”) of Left Stuff Inc. (“StoryTap”).
At StoryTap, we’re a social community of family-valued storytellers that thrive to make the world a better place for every human. We are, in many cases, the masked middle group between great video stories and global brands that would like those authentic video stories to share an idea, product or service. We make it really easy for anyone; brand and user alike, to share socially. So with social sharing comes a great responsibility. We have a list of common-sense prohibited content that echo most social media policies. We would never want anyone, globally, on social media to feel unsafe by watching a StoryTap published story. We reserve the right to remove content, and disable accounts that violate the below list:
Illegal Products or Services
Videos must not constitute, facilitate, or promote illegal products, services or activities. Videos targeted to minors must not promote products, services, or content that are inappropriate, illegal, or unsafe, or that exploit, mislead, or exert undue pressure on the age groups targeted.
Videos must not discriminate or encourage discrimination against people based on personal attributes such as race, ethnicity, color, national origin, religion, age, sex, sexual orientation, gender identity, family status, disability, medical or genetic condition.
Videos must not promote the sale or use of tobacco products and related paraphernalia.
Weapons, Ammunition, or Explosives
Videos must not promote the sale or use of weapons, ammunition, or explosives.
Drugs & Drug-Related Products
Videos must not promote the sale or use of illegal or recreational drugs, and for prescription drugs, user social sharing may be disabled.
Gambling & Lotteries with the below type of messages:
Videos that portray or encourage irresponsible gambling behavior, or present gambling as an income opportunity or employment alternative.
Dating with the below type of messages:
Videos for online dating services for “Adult sexual finder” types of services or “Mail-order bride” types of services.
“Adult” Products or Services or Content
Videos must not promote the sale or use of adult products or services. Videos must not contain adult content. This includes nudity, depictions of people in explicit or suggestive positions, or activities that are overly suggestive or sexually provocative.
Videos must not promote the sale or use of unsafe supplements which include but are not limited to anabolic steroids, chitosan, comfrey, dehydroepiandrosterone, ephedra, and human growth hormones.
Videos must not contain content that infringes upon or violates the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights.
Videos must not contain shocking, sensational, disrespectful or excessively violent content, include profanity
Misleading or False Content
Videos must not contain deceptive, false, or misleading content, including deceptive claims, offers, or methods.
Storytell/Story Collect with Caution:
Video that promote alcohol must comply with all applicable local laws, required or established industry codes, guidelines, licenses and approvals. Note that videos promoting or referencing alcohol are prohibited in some countries, including but not limited to: Afghanistan, Brunei, Bangladesh, Egypt, Gambia, Kuwait, Libya, Norway, Pakistan, Russia, Saudi Arabia, Turkey, United Arab Emirates and Yemen.
Multi Level Marketing
Certain social media platforms will block accounts should videos promoting income opportunities that don’t fully describe the associated product and business model/ if they promote quick compensation for little investment.