PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS APPLICATION.
Story Bug is a mobile application available for download on your iPhone® or iPad® (the “App” or “Storybug”) which provides a medium for your use of complimentary and/or purchased publications supplied by Carus Publishing Company d/b/a Cricket Media (“Cricket Media”); and for you and your invited networked users (where such users have a registered user account for the App, hereinafter “Registered User[s]”) to access certain content and communicate with other Registered Users. The App is supplied by Cricket Media, and its third party provider, Kindoma, powers the App to enable certain functionality and for the collection of account data.
It is very important that you review the following Terms of Use so that you know what you can and cannot do on the App. By using the App (each a “User”), you agree to abide by the following terms and conditions and the Privacy Policy. The Privacy Policy provides details on the type of information collected in connection with Users of the App, including personal and non-personal identifying information submitted by Registered Users in connection with their account profile. If you do not agree to any of these terms, then please do not use the App. If there are material changes to our Terms of Use, we will post a link to our revised Terms of Use on our home page.
Your continued use of this App shall constitute your acceptance of any revised Terms of Use.
These Terms of Use apply to all Users of the App, including Registered Users–those users who are age 18 or over and register for an account (together, “Users”). Cricket Media hereby grants you permission to use the App as set forth in these Terms of Use, provided that you will not copy or distribute any part of the App in any medium without Cricket Media’s ‘s prior written authorization, and you will otherwise comply with the terms and conditions of these Terms of Use.
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Intellectual Property Rights
Excluding the content of Users (see below “User Content”), the content on the App, including without limitation, the text, software, scripts, graphics, artwork, illustrations, photographs, articles, and the like (hereinafter “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Cricket Media, and subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Story Bug, the Story Bug logo, and all other trademarks used herein are the property of Cricket Media or its parent/affiliates. Content on the App is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Cricket Media reserves all rights not expressly granted in and to the App and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein.
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Eligibility, Accounts, Password, and Security
An account for Registered Users (a “User Account” or “Registered User Account”) provides access to the App and requires an email address and age (must be at least 18 to create an account). With a User Account, the Registered User becomes a representative of his/her household of users and can link to Registered Users who are representatives of other households with Story Bug accounts.
By opening a Registered User Account or by using the App, you hereby agree to this Terms of Use and to the Privacy Policy. This Agreement applies equally to your access to and use of the App without establishing a Registered User Account as well as your access to and/or use of the Services for which a Registered User Account is required. Cricket Media reserves the right to refuse to register a prospective User Account and/or terminate a User Account at any time, with or without notice. A full or pro-rata refund shall be provided, as applicable. To use the App with anyone in your household or with others present, you must have their consent, or the consent of their parent/legal guardian in the case of children under age 13. Such consent must include consent to the capturing and, where applicable, storage of their likeness, voice, image and other personal information that is provided through the App. By using the App, you represent and warrant that you have such consent.
Each Registered User must supply an email and password. Users may not authorize others to use their account, and they may not assign or otherwise transfer their account to any other person or entity. Registered Users are entirely responsible for maintaining the confidentiality of their password and account. Furthermore, Registered Users are entirely responsible for any and all activities that occur under their account.
You agree to notify Cricket Media immediately of any unauthorized use of your User Account or any other breach of security. Cricket Media will not be liable for any loss that you may incur as a result of unauthorized persons using your password or account, in connection with the User Account, either with or without your knowledge. However, you could be held liable for losses incurred by Cricket Media or another party due to use of your account or password, with or without your authority that results in such loss or damage. -
User Content
The App permits User Content including videos, audio, photographs, text postings or other materials (“User Content”) and the hosting, sharing, and publishing of such User Content to other Registered Users who have affirmatively indicated their consent to link to you. By uploading or otherwise submitting any materials to us and/or the App, you automatically grant (or warrant that the owner of such rights has expressly granted) to Cricket Media and its third party provider, Kindoma, which is hosting the App, a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, and publish in order to provide the services of the App to you and your linked-in Registered User[s].
You shall be solely responsible for, and assume all liability regarding your own and all User Content, the consequences of posting or publishing them, and your interactions on the App. Also should your account be terminated, by you or by us, you will not be given back any of your retained User Content, nor will you be given access to such User Content.
Cricket Media does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Cricket Media expressly disclaims any and all liability in connection with User Content. Cricket Media does not permit copyright infringing activities or infringement of intellectual property rights on its App, Cricket Media reserves the right to remove Content and/or User Content without prior notice.
You acknowledge that Cricket Media does not pre-screen User Content, including but not limited to information or photo submitted at time of the establishment of a Registered Account, but that Cricket Media and/or its designees shall have the right (but not the obligation) in their sole discretion to remove any User Content that is available and stored via the App. Without limiting the foregoing, Cricket Media and/or its designees shall have the right to remove any User Content that violates the Terms of Use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content.
In no event does Cricket Media assume or have any responsibility or liability for any User Content or for any claims, damages or losses resulting from their use and/or appearance on or in conjunction with this App or elsewhere. Thus, Users remain solely responsible for, and assume all liability regarding the content of their User Content and interactions with other Users of the App. Cricket Media reserves the right, in its sole discretion, to delete, or refuse to post any User Content that violates these terms and conditions, as well as revoke the privileges of any User who does not comply with these terms and conditions. The App may be used for noncommercial and non-public purposes only. -
User Conduct
Cricket Media does not allow, and you agree not to use this App to:
- upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, derogatory, defamatory, abusive, threatening, vulgar, obscene (including but not limited to posting pictures or videos with drugs, alcohol, nudity or sexual acts), bigoted, libelous, tortuous, hateful, racially or ethnically objectionable, insulting, or that violates any person’s privacy without consent.
- harm minors in any way;
- “stalk” or otherwise cyberbully (including but not limited to bullying, harassing, humiliating, threatening, embarrassing or targeting);
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- post information that you know is false, misleading, or that promotes illegal activity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the App;
- upload, post, email, transmit or otherwise make available any User Content that infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” or “pyramid scheme,” ;
- software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the App or servers connected to the App,; and/or
- intentionally or unintentionally violate any applicable local, state, national or international law.
We reserve the right to remove any material or terminate the account of any person we determine violates any of these terms. We also reserve the right to turn over to law enforcement personnel any content upload, post, email, transmit or otherwise made available on or in connection with this App that we deem may be in violation of these terms or any applicable law.
Notwithstanding the foregoing, Cricket Media is not required to host, index, or display any User Content uploaded or otherwise provided to Cricket Media, and may remove or refuse to host, index or display any User Content. Cricket Media and its third party provider, Kindoma, is not responsible for any loss, theft, intellectual property infringement or damages of any kind related to User Content.
You acknowledge, consent and agree that Cricket Media and/or its third party provider, Kindoma, may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with law, request or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (b) enforce these Terms of Use; (c) respond to claims that any User Content violates the rights of third parties; (d) respond to your requests for customer service; (e) protect the rights, property or personal safety of Cricket Media, its Users and the public; or (f) otherwise as provided for in our Privacy Policy. Notwithstanding any other provision of this Terms of Use or the Privacy Policy, Cricket Media reserves the right, but has no obligation, to disclose any information to authorities that you submit, if in its sole opinion suspects or has reason to suspect, that the information involves a party who may be a victim of abuse in any form. By using this site, you hereby acknowledge and agree that Cricket Media is permitted to make such disclosures.
By using this site, you agree to allow Cricket Media the right to use the information from you and your experiences through the App, in the aggregate, to monitor, track and research ways to improving Cricket Media’s ‘s services -
Online Purchases
In connection with the activities provided on the Site, we may from time to time offer online capabilities to purchase products or services for a fee or other charge. You must be 18 years of age or older to make any such purchases. In the event you chose to purchase a product, you will be required to provide certain personal information and your credit card (or other form of payment) information. Cricket Media may use third party providers to help operate and process these online purchases. Such third party providers may have their own terms of use and privacy policy.
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Claims of Copyright Infringement
Cricket Media respects the intellectual property rights of others. In particular, if you are a copyright owner or an agent thereof and believe that any User Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our copyright agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Cricket Media’s designated copyright agent to receive notifications of claimed infringement is: Jon Zeitler, EVP Legal Affairs, c/or 13625-A Dulles Technology Drive, Herndon, VA 20171, email: jzeitler@cricketmedia.com. For clarity, only DMCA notices should go to the copyright agent; any other feedback, comments, requests for technical support, and other communications should be directed to Cricket Media’s customer service through storybug@cricketmedia.com.
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No Unlawful or Prohibited Use
As a condition of your use of this Site, you agree that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use this Site in any manner that could damage, disable, overburden, or impair any Cricket Media’s or its third party provider (Kindoma), server, or the network(s) connected to any Cricket Media’s ‘s server, or interfere with any other party’s use and enjoyment of the App. You may not attempt to gain unauthorized access to the App, other accounts, computer systems or networks connected to any Cricket Media’s server or the App, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the App.
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Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Cricket Media without restriction.
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Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE APP SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CRICKET MEDIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APPAND YOUR USE THEREOF. CRICKET MEDIA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS APP’S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR APP, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVERS HOSTING THE APP, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR APP BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OR IN CONNECTION WITH THE CRICKET MEDIA APP.
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Limitation of Liability
IN NO EVENT SHALL CRICKET MEDIA, ITS PARENT/AFFILIATES, OR ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APP, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS HOSTING THE APP AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE APP BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OR IN CONNECTION WITH THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CRICKET MEDIA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT CRICKET MEDIA SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. -
Indemnity
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees, including of our parent/affiliate), harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the App in violation of these Terms of Use and/or your breach of these Terms of Use, any breach of your representations and warranties set forth in these Terms of Use, or your violation of any law or the rights of a third party.
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Third Party Hyperlinks
The appearance of and your use of any external hyperlinks generated by third parties does not constitute endorsement by Cricket Media, its subsidiaries and affiliates of the opinions or views expressed by these third party websites and Cricket Media does not verify, endorse, or take responsibility for the accuracy, currency, completeness, or quality of the content contained at these sites. Furthermore, Cricket Media is not responsible for the quality or delivery of the products or services offered, accessed, obtained by, or advertised at such sites. As such, neither Cricket Media nor its parent, subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, Cricket Media will under no circumstances be liable for any direct, indirect, incidental, or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the dissemination, exhibition, distribution, or exploitation of any information or content contained within these third party hyperlinked sites.
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Modifications to Site
Cricket Media reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the APP (or any part thereof) with or without notice. You agree that Cricket Media shall not be liable to you or to any third party for any modification, suspension or discontinuance of the services provided on the App.
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Termination
Cricket Media reserves the right to terminate or suspend your User Account and delete all content associated with your account at any time, and without notice, if we deem that you have violated the terms of these Terms of Use, or for any other reason. Cricket Media assumes no liability for any information removed from the App, termination and/or suspension of accounts for violating these terms and conditions. You may also terminate your User Account at any time. This termination is effective immediately. After termination, you will not be given back any of your User Content, nor will you be given access to such User Content.
We reserve the right to permanently restrict access to our products and services to individuals who have had their accounts cancelled or suspended.
General
You agree that: (i) These Terms of Use, together with the Privacy Policy and any other legal notices published by Cricket Media on the App, shall constitute the entire agreement between you and Cricket Media concerning the App; (ii) If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect; (iii) No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Cricket Media’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision; (iv) Cricket Media reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the App following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms; and (v) the laws of the Commonwealth of Virginia, U.S.A. govern this agreement and any claim or dispute that you may have against us, without regard to its conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the Commonwealth of Virginia and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE COMMONWEALTH OF VIRGINIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE COMMONWEALTH OF VIRGINIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
Thank you for your use of our App and please contact us with any questions at storybug@cricketmedia.com.
