Terms and Conditions of Use
Our site provides its services subject to the following terms and conditions. If you visit or shop on the Site, you accept these terms and conditions. Please read them carefully.
The Site or any of its foreign language affiliates is the online information, reference and knowledge website operated by Stories To Remember, Inc. (“STR”), consisting of information, services, proprietary content, links, search capabilities and other internet resources (“Materials”) provided by STR, affiliates of STR, and third parties to individuals viewing and using the site (“Users”). STR reserves the right to change, modify, add or remove portions of these Terms and Conditions of Use at any time. Please check this page periodically for any modifications. Your continued use of this Site following the posting of any changes will mean that you have accepted the changes.
2. Copyright and Trademark Protection
The Site layout, “look and feel,” functionalities, design, text, images, graphics, video and audio content or clips, digital downloads, data compilations, and software, page headers, button icons, scripts, and service names are trademarks or trade dress (“Materials”) of STR or its subsidiaries and are protected by international copyright and trademark laws. The compilation of all content on this Site is the exclusive property of STR and protected by U.S. and international copyright laws. All software used on this Site is the property of STR or its software suppliers and protected by United States and international copyright laws. You may not publish, copy, display, distribute, transmit, perform, modify, create derivative works from, or sell any Materials, information, products or services obtained from this Site, except as otherwise expressly permitted under applicable law or as described in these Terms and Conditions of Use.
3. Use and Downloading of Materials
STR grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify any portion of it, except with express written consent of STR. You may print or download Materials from the Site for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. You may not engage in systematic retrieval of data or other Materials from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without express written permission from STR, nor may you mirror on your own site the home page or results pages of this Site. Use of the Materials on this Site for any purpose not expressly permitted in these Terms and Conditions of Use is prohibited.
If you (or a legal entity you control) own and operate a website or engage in other Internet activity such as electronic commerce, communication, publishing and transmission, and want to download, post, publish or use Materials for any such website or Internet activity, you need express written permission from STR, even though your website or Internet activity may be free of charge. Unless you are a student, or your use of the Materials is short-term and minimal, your use of the Materials may be subject to copyright and other legal restrictions. Any unauthorised use terminates the permission or license granted by STR.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Site so long as the link does not portray the Site, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any STR logo or other proprietary graphic or trademark as part of the link without express written permission from STR. Requests regarding the use of the Materials for any purpose other than educational, personal and occasional and minimal non-commercial use should be directed to us.
4. Denial of Access, Use, or Service
STR reserves the right to deny access, use or service on the Site or any of its subsidiaries to any User, for any reason whatsoever, at its sole discretion.
5. Communications, E-Cards, and Other User-Submitted Content
Visitors may send e-cards and other communications; submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. STR reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant STR and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant STR and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify STR and its affiliates from all claims resulting from content you supply. STR has the right, but not the obligation, to monitor and edit or remove any activity or content on its Site. STR takes no responsibility and assumes no liability for any content posted by you or any third party.
6. Communications by Other Users
STR does not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other users, nor endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk. STR does not screen communications in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communication which allegedly does not conform to these Terms and Conditions of Use, STR may investigate the allegation and determine in good faith and at its sole discretion whether to remove or request the removal of such communication. STR has no liability or responsibility to users for performance or non-performance of such activities. STR reserves the right to expel users and prevent their further access to the Site for violating these Terms and Conditions of Use or the law.
7. News Items and Privacy Releases
Publishers of news items do not generally obtain releases from subjects, individuals, groups or entities that are shown in their photographs or graphics or quoted in their texts. Also, no clearance is obtained from the owners of trademarks or copyrighted materials whose marks or materials are included in news items. Therefore, you will be solely responsible for obtaining any and all necessary releases if you use news items that you find on this Site. Neither STR nor any other publisher or news service will be liable for any delays, inaccuracies, errors or omissions in any news material or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.
8. Disclaimer of Warranties
Neither STR and its affiliates, nor any third-party content providers or licensors makes any warranty whatsoever, including without limitation: that the operation of the Site will be uninterrupted or error-free; that defects will be corrected; that this Site, including the server that makes it available, is free of viruses or other harmful components; as to the results that may be obtained from use of the materials on the Site; or as to the accuracy, reliability, availability, suitability, quality, or operation of any information, software, or service provided on or accessible from the Site. All information, products, services and other content included in or accessible from the Site are provided “as it” and without warranties of any kind. Your use of the Site is at your sole risk.
9. Limitation of Liability
In no event shall STR, its affiliates or content providers be liable for any direct, indirect, special, incidental, punitive or consequential damages arising out of or related to the use, inability to use, performance or non-performance of this Site.
11. Governing Law
These Terms and Conditions of Use are governed by the laws of the United States and the State of New York, without giving effect to any principles of conflicts of laws.
Any dispute relating in any way to your visit to the Site or to products you purchase through the Site shall be submitted to confidential arbitration in New York, NY, except that, to the extent you have in any manner violated or threatened to violate the Site’s intellectual property rights, STR may seek injunctive or other appropriate relief in any state or federal court in the state of New York, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.