These Terms of Use govern Your access to and use of the web site. By downloading, accessing or using any part of the Service You have accessed, You will be bound by these Terms of Use. If You do not agree to these Terms of Use, The Story’s Not Over Yet is not willing to grant You any right to use or access the Service. In such event, You are not granted permission to access or otherwise use the Service and are instructed to exit the Service immediately.
The Story’s Not Over Yet may change, add or remove portions of the Terms of Use from time to time, and such changes shall become effective immediately upon posting. It is Your responsibility to review the Terms of Use prior to each use of the Service, and by continuing to use the Service, You agree to any changes, additions and removals.
Informational Purposes Only. The information on this Site is for informational purposes only. Without limiting anything else in these Terms or otherwise, The Story’s Not Over Yet is not responsible for any errors or omissions in the Site or Site Materials.
Proprietary Rights. As between you and The Story’s Not Over Yet, The Story’s Not Over Yet owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components and any software concepts and documentation and other material on, in or made available through the Site (“Site Materials”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Materials. All Site Materials are protected pursuant to copyright, trademark, patent and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Materials. As between any user and The Story’s Not Over Yet, all names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Site are proprietary to The Story’s Not Over Yet. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site Materials, other than the right to use the Site Materials in accordance with these Terms.
Unauthorized Activities. You agree that you will not use the Site for (a) any illegal or unauthorized purposes that violate any local, national, or international laws (including but not limited to import, export, copyright, and trademark laws); (b) modifying, copying, distributing, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, selling any of the Site Materials, unless otherwise authorized by these Terms or in a separate written agreement with The Story’s Not Over Yet; (c) attempting to gain unauthorized access to The Story’s Not Over Yet computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the Site or any services provided through the Site; or (d) removing, circumventing, disabling, damaging or otherwise interfering in any way with any security-related features of the Site aimed at preventing or restricting the unauthorized use of the Site or any of the Site Materials. You may use the Site and the Site Materials consistently . Any other use of the Site or Site Materials, including but not limited to the aforementioned unauthorized uses, without prior written permission of The Story’s Not Over Yet is strictly prohibited. You acknowledge and agree that the unauthorized use of the Site or the Site Materials could cause irreparable harm to The Story’s Not Over Yet and that in the event of such unauthorized use, The Story’s Not Over Yet shall be entitled to an injunction in addition to any other remedies available at law or in equity.
Privacy Policy. Any personal information that you provide to The Story’s Not Over Yet on the Site is subject to our Privacy Policy. For more information, view the Privacy Policy, which is incorporated into these Terms by reference, as if set forth fully herein. Please be advised that the confidentiality of any communication or material transmitted to The Story’s Not Over Yet via the Site or Internet electronic mail cannot be guaranteed, including, for example, personal information such as your address or name.
Indemnification. You shall indemnify The Story’s Not Over Yet and its directors, officers, employees, agents, contractors and licensors against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Site and your use of the Site, the Site Materials or any services, product or data obtained through the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the User Content, the Site Materials, the services, products, information and other materials on, in and made available through the Site, except to the extent attributable to The Story’s Not Over Yet, or any breach by you of these Terms and shall indemnify and hold The Story’s Not Over Yet harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of The Story’s Not Over Yet. The Story’s Not Over Yet may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If The Story’s Not Over Yet does not notify you that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to The Story’s Not Over et, subject to the right of The Story’s Not Over Yet to assume, at their sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.
Internet Security. The Story’s Not Over Yet uses reasonable efforts to ensure that the Site is generally available. However, there will be occasions when access to the Site will be interrupted or unavailable. The Story’s Not Over Yet will use reasonable efforts to minimize such disruption where it is within its reasonable control. You agree that The Story’s Not Over Yet shall not be liable to you for any modification, suspension or discontinuance of the Site. You understand that the technical processing and transmission of any Site content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent from our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to The Story’s Not Over Yet via the Site or the Internet, including, for example, personal information such as your name or address.
Complaint Procedures. If you believe that any content or postings on this Site violates your intellectual property or other rights, please notify The Story’s Not Over Yet by email at admin@thestorysnotoveryet.org with a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
Changes to these Terms; Termination. The Story’s Not Over Yet reserves the right at any time to modify, alter or update these Terms. Your use of the Site following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the Site before the change was made. It is the obligation of users visiting the Site before the change to learn of changes to the Terms since their last visit. The Story’s Not Over Yet may suspend or terminate your account and/or your ability to use the Site, or any services on the Site, for failure to comply with these Terms, for providing The Story’s Not Over Yet with untrue or inaccurate information about yourself, for infringement upon The Story’s Not Over Yet proprietary rights, or for any other reason whatsoever or for no reason.
Governing Law and Jurisdiction. These Terms represent the entire agreement between you and The Story’s Not Over Yet with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the California,l without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW. By accessing, viewing, or using the services, works, content, or materials on the Site, you consent and agree to (a) the exclusive jurisdiction of the federal and state courts located in California ; (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.
Miscellaneous. The Site is controlled and operated from within the United States. Without limiting anything else, The Story’s Not Over Yet makes no representation that the Site, Site Materials, User Content, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable laws. The waiver or failure of The Story’s Not Over Yet to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”