1. Use of our Service
MakeStories provides a set of tools our Users which helps them with content creation, presentation, sharing and distribution. Our Service includes but is not limited to story creation / editing tool, publishing tools like hosting, exporting to zip, story analytics. We may introduce some other services related to the Service or modify or add tools or other features, and the terms of your usage of such additional services or tools will be governed by the Terms hereof along with any other agreement between you and us.
The Service is not available to:
- any Users previously suspended or removed from the Service by us
- any persons under the age of 18 or otherwise incompetent to enter into a valid contract as per the provisions of the applicable law.
By clicking the “I Agree” button or by otherwise using or registering for the Service, you represent
- that you have not been previously suspended or removed from the Service by us,
- that you are at least 18 years of age or are otherwise competent to enter into a valid contract as per the provisions of the applicable law and have the full right, power and authority to enter into this Agreement and to fully perform all of your obligations hereunder and are under no legal disability or contractual restriction that prevents you from entering into this Agreement; and
- that your registration and your use of the Service is in compliance with our Terms and any and all applicable local, state, national, and international laws, rules and regulations.
Information you provide us directly and its use
We may ask for certain information such as a username, your first and last names, birthdate, phone number, profession and e-mail address when you register for an account with our Service, or if you correspond with us. We also collect any messages you send us through the Service, and may collect information you provide in User Content you post to the Service (such as text, videos and photos you upload to use in your designs) or that you create using the Service such as the AMP Stories. From time to time, we may also ask you optionally to provide other information. If you choose to provide such information, during registration or otherwise, you are giving us the permission to use and store it consistent with this policy. We use this information to operate, maintain, and provide the features and functionality of the Service to you, to correspond with you, and to address any issues you raise about the Service.
In order to access the Service, you must create an account on the Service. Your account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf.
You may be asked to provide a password in connection with your account. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to us, whether on registration or at any other time, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit or debit card number, if applicable), then you agree to immediately notify us. You may be liable for the losses incurred by us or others due to any unauthorized use of your account and we will not be liable to you for any losses caused by any unauthorized use of your account.
You shall never use another User’s account without permission. You shall not allow any other party to access or use the Service with your unique username, password, or other security code.
We may permit you to register for the Service through certain third party services, such as Facebook or Google (“Authentication Service”). By registering for Service using an Authentication Service, you give us permission to access and use your information from such Authentication Service as permitted by that service, and to store your log-in credentials for such Authentication Service. You agree that any Authentication Service is a Third Party Site (as defined below) and you are solely responsible for your interactions with the Authentication Service as a result of accessing the Service through the Authentication Service.
You may control your User profile and how you interact with the Service by changing the settings in your account. By providing us your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
The usernames are provided on a first-come, first-served basis and may not be offered for sale, sold, bought, solicited, or inactively held for future use. Inactive accounts may be renamed at any time without notification.
3. Service Rules
By using the Service you agree not to: (i) use the Service for any purposes other than to explore the opportunities and services being offered by us; (ii) restrict or inhibit any other User from using the Service; (iii) post or communicate any of the Users’, including any other persons that you may come across through the Service, real world information (name, address, account name, etc.) through the Service; (iv) impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the accounts of other Users without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted on or via the Service, or perform any other similar fraudulent activity including hiding or attempting to hide your identity; (v) delete the copyright or other proprietary rights notices on the Service, MakeStories Content, Stock Materials or User Content; (vi) assert, or authorize, assist, or encourage any third party to assert, against us or any of our affiliates or licensors, any intellectual property infringement claim regarding any MakeStories Content, Stock Materials or User Content you have used, submitted, or otherwise made available on or through the Service; (vii) make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Service. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures or otherwise use the Service for any commercial solicitation purposes; (viii) use the Service for any illegal purpose, or in violation of any municipal, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy; (ix) defame, harass, abuse, threaten or defraud Users of the Service, or collect, or attempt to collect, personal information about Users or third parties without their consent; (x) remove, circumvent, disable, damage or otherwise interfere with any measures including security-related features of the Service or features that prevent or restrict use or copying of any content accessible through the Service, or features that enforce limitations on the use of the Service; (xi) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law; (xii) modify, adapt, translate or create derivative works based upon the Service or any part thereof or any features offered thereunder or copy, imitate or use, in whole or in part, the look and feel of the Service (including but not limited to all page headers, custom graphics, button icons, and scripts) without our prior written consent; (xiii) intentionally interfere with or damage operation of or proper working of the Service or any User’s enjoyment of it, by any means, including uploading or otherwise disseminating invalid data, viruses, adware, spyware, worms, or other malicious code or software agents on or through our Service; (xiv) copy, distribute, or disclose any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (xv) use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (xvi) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (xvii) take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (xviii) collect or harvest any personally identifiable information, including account names, from the Service; (xix) access any content on the Service through any technology or means other than those provided or authorized by the Service; (xx) use any MakeStories Content, including any of our trademarks, in any manner that might tarnish, disparage, or reflect adversely on such content or trademark or our reputation; (xxi) use any of our trademark or any variant thereof including misspellings as a domain name or as part of a domain name, as a metatag, keyword, or any other type of programming code or data; (xxii) adopt or use, without our prior written consent, any word or mark which is similar to or likely to be confused with our trademarks; (xxiii) framing or hotlinking to the Service or any content other than your own without our prior written consent; (xxiv) abuse the Service, such as by stockpiling, aggregating, warehousing or hoarding content from the Service, in excess of what is reasonably needed or required for legitimate business or personal purposes. We may investigate any account that registers over 15 downloads in a single day (24-hour) period to determine compliance with this requirement.
We do not support and will not tolerate our Service being used to discriminate against others, especially when based on race, religion, caste, sex, sexual orientation, age, disability, ancestry or national origin. You are not permitted to use the Service in a manner which would or would likely incite, promote or support such discrimination and you must not use the Service to incite or promote hostility or violence. If we believe in our sole determination that your use of the Service is being used to discriminate, especially if based on race, religion, caste, sex, sexual orientation, age, disability, ancestry or national origin, we may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason.
Accessing the audiovisual content available on the Service for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from our Service to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. If your account is terminated for any reason, you must obtain written authorization from MakeStories prior to establishing another account. If you attempt to establish another account without obtaining such authorization, we may permanently ban you from the Service. You may not have more than one active account at any time without the written consent of MakeStories in each instance.
You are solely responsible for your interactions with other MakeStories Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. MakeStories shall have no liability for your interactions with other Users, or for any User’s action or inaction.
Some areas of the Service allow Users to submit and publish content such as profile information, comments, questions, photographs, videos, illustrations, fonts, texts, designs, stories, and other content or information (any such materials a User submits, posts, displays or otherwise makes available on or via the Service “User Content”). You retain ownership of your User Content save and except the Stock Materials (as defined below) and MakeStories Content (as defined below), and you understand that if you post User Content under or on behalf of a company, organization, or other entity, such entity will own and be entirely responsible for all such User Content.
4.2 User Content
You agree not to submit or use User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, hostile, violent, or that which provokes violence or hostility, profane, or otherwise objectionable; (vi) contains any information which discriminates against others based on race, religion, caste, sex, gender, sexual orientation, age, disability, ancestry or national origin; (vii) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (viii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (ix) contains any information or content that you know is not correct or current.
We reserve the right, but are not obligated, to reject and/or remove any User Content that we believe, in our sole discretion, violates these provisions. Further, we expressly reserve the right to remove any submissions or postings on or via the Service at any time for any reason.
You acknowledge and agree that we have the right to monitor the Service and the materials you transmit, from time to time, and to disclose any information (including your personally identifiable information) to any third party in order to operate the Service properly; to protect MakeStories, the Service and products, our sponsors, partners, affiliates, and our Users, members and visitors, and to comply with any legal obligations, regulations, or governmental requests. We may condition your right to use the Service on your furnishing to us and keeping updated at all times such personal identifying information as we may require.
You understand that publishing your User Content on or via the Service is not a substitute for registering it with the Indian Copyright Office, the various associations or guilds, or any other rights organization.
We take no responsibility and assume no liability for any User Content that you or any other User or third party creates, posts or publishes over or using/via the Service. You shall be solely responsible for your User Content and the consequences of creating, posting and publishing it, and you agree that we are only making available the tool to simplify the technical process involved in the creation and publishing of your User Content. You understand that when using the Service, you may be exposed to User Content and Stock Materials from a variety of sources, and that we are not responsible for the accuracy, usefulness, or Intellectual Property Rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content or Stock Materials that are inaccurate, offensive, indecent, objectionable, inappropriate for children, or otherwise unsuited to your purpose and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. We do not endorse any User Content or any opinion, recommendation or advice expressed therein, and we expressly disclaim any and all liability in connection with User Content. In the event that your User Content is alleged to be offensive, inappropriate for children, unlawful or otherwise in breach of these terms, you agree that we may disclose such User Content to law enforcement or other government authorities.
4.3 Representations and Warranties
You are solely responsible for the User Content and the consequences of posting or publishing them. By using the Service or by uploading, submitting, creating, or publishing your User Content using or via our Service, you affirm, represent, and warrant that: (i) you are the creator and owner of or have the exclusive or absolute licenses, rights, consents, and permissions to use and to authorize us to use in the manner contemplated under these Terms; (ii) your User Content and our use thereof as contemplated hereunder does not and will not infringe, violate, or misappropriate any third-party rights, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or invade the right of privacy or other property rights of any other person; (iii) we can exercise the rights to your User Content granted under these Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise; (iv) there is no suit, action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect any of your User Content or which might in any way impair the rights granted by you hereunder; (v) If your User Content contains or incorporates in any manner any components including but not limited to photos, videos, sound, music, design elements, fonts, clipart, sprites, vectors, brush tools, etc., you represent and warrant that the end user license agreement, terms of service or the equivalent license agreed to by you allows you to incorporate such elements in the User Content created by you, and to license such User Content to us for the purposes set forth herein; (vi) Your User Content is not unlawful or is or contains any matter that is defamatory, libellous, inaccurate, offensive, indecent, obscene, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or infringes on our or any third party's intellectual property or other rights or otherwise inappropriate or objectionable; (vii) To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate; (viii) You will not transmit unsolicited emails or make unsolicited offers, advertisements, proposals or send junk emails using the User Content or via our Service; (ix) If you use the Service to publish User Content, you agree that you have verified that the User Content does not contain anything that is illegal, infringes (or is otherwise deceptively similar to) any third-party’s Intellectual Property Rights, or otherwise breaches these Terms; (x) You will not engage in pay per click advertising using keywords which compete with our own campaigns in order to promote your relationship with us nor will you use or engage a third party on your behalf to use MakeStories in any domain name; (xi) your User Content does not contain any viruses, adware, spyware, worms, or other malicious code; (xii) you shall solely and exclusively be liable for any and all claims (including third party claims) arising from or related to deleting, distorting or otherwise altering the copyright or other proprietary rights notices on the Service, MakeStories Content, Stock Materials or User Content;.
Upon making or learning of any claim that is inconsistent with any of the representations or warranties made by you, we shall send you written notice of such claim, using the email address provided by you to us, specifying the details of the claim as then known to us. Pending the determination of such a claim, we may suspend your account and we reserve the rights and remedies available to us under law or in equity.
4.4 License Grant on User Content
By creating or publishing any User Content using or via our Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant to us a multi-use, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content or provided to us at the time of registration or otherwise, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and our (including our successors’, assignees’, licensees’ and affiliates’) business, including without limitation for promoting, advertising and redistributing part or all of the Service (and derivative works thereof) in any media, mode, method or formats (whether existing now or hereafter discovered/invented) and through any media channels (without limitation social networking websites and our Service).
5.Ownership, Proprietary Rights and Usage
The Service is owned and operated by Eszmeletlen Holding Co.
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, visual interface, computer code, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, User Content belonging to other Users (the “MakeStories Content”) and Stock Materials, and all Intellectual Property Rights related thereto, are the exclusive property of MakeStories and its licensors (including other Users who post User Content). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any MakeStories Content. Use of MakeStories Content for any purpose not expressly permitted by this Agreement is strictly prohibited. You acknowledge and agree that you do not acquire any ownership rights by using the Service.
The Service provides certain functionality that allows you to create AMP stories and other editorial content formats using Stock Materials made available on the Service or by uploading User Content (“AMP Stories”). AMP Stories can be downloaded/exported from the Service in a range of formats, including without limitation, Web publishable files (in archive format or such other formats available on our Service or otherwise requested), direct third party publishing and/or hosting it with us. You shall create AMP Stories using only your own User Content, or you may choose to incorporate MakeStories Content into your custom made AMP Stories. Any Export of your AMP Stories shall be used by you only for the limited purpose of publishing your AMP Stories, as a whole, on your website or your client’s website and for no other purpose nor shall you sell or purport to sell such AMP Stories. You cannot in any event use any other software or service other than our Service to modify, alter, adapt or edit the AMP Stories or create any derivatives of the AMP Stories. Further, you cannot extract or use any part, component or feature of the AMP Stories or any Stock Materials for any purpose whatsoever and your usage of the AMP Stories and Stock Materials shall at all times be limited to incorporation of the Stock Materials and usage of the Stock Materials in and in conjunction with the AMP Stories and usage of the AMP Stories as a whole as contained in the Export via the Service and for the purpose as expressly permitted hereunder.
For the purposes of this Agreement, (i) “Intellectual Property Right” means all patent rights, copyright, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction; (ii) “Stock Materials” means and includes all features made available on the Service for creation of AMP Stories including photographs, audio, videos, music, features, fonts, animation, filters, patterns, texts, backgrounds, buttons, etc.
6. Fee and Payments
We may now, or in the future, charge fees for access to and use of the Service, or certain features thereof (“Fee”). You agree to pay all Fees and charges specified for such features. All Fees are exclusive of applicable taxes (e.g. sales, services, or value-added tax), unless otherwise stated, and you are solely responsible for the payment of any such taxes that may be imposed on your use of the Service.
We will charge the Fee, if any, and other additional fees or donations you authorize, vide such payment methods that you designate and are offered by our Service. Once you designate to pay any amounts described herein, you authorize us or any other company that act as a billing agent for us, to continue to attempt to charge all sums described herein to such payment method that you designate until such Fee is paid in full. You agree to provide us with updated information regarding your preferred payment method at any time the information earlier provided is no longer valid. If payment is not received by us from your preferred payment method, you agree to pay all amounts due upon demand by us.
We may at any time, including upon notice required by applicable law, change the Fee for accessing the Service or any features thereof, institute new charges or fees, or charge a fee for the Service or any part thereof where a fee was not previously charged. All Fee relating to the Service, including any Fee charged for access to the Service, are final and non-refundable.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.
8. MakeStories Property
Certain aspects of the service may allow you to obtain certain reputational or status indicators (“MakeStories Property”). You understand and agree that regardless of terminology used, MakeStories Property represents a limited license right governed solely by the terms of this Agreement and available for distribution at our sole discretion. MakeStories Property is not redeemable for any sum of money or monetary value from us at any time. You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of us on our servers, including without limitation any data representing or embodying any or all of your MakeStories Property. You agree that we have the absolute right to manage, regulate, control, modify and/or eliminate MakeStories Property as we see fit in our sole discretion, in any general or specific case, and that we will have no liability to you based on exercise of such right. All data on our servers are subject to deletion, alteration or transfer.
Notwithstanding any value attributed to such data by you or any third party, you understand and agree that any data, account history and account content residing on our servers, may be deleted, altered, moved or transferred at any time for any reason in our sole discretion, with or without notice and with no liability of any kind. We do not provide or guarantee, and expressly disclaim, any value, cash or otherwise, attributed to any data residing on our servers.
9. Claims Of Copyright Infringement
We respect the intellectual property of others and take the protection of our copyright, trademarks, and all other intellectual property very seriously, and ask that Users do the same.
If you are a content owner or User with concerns regarding infringement of your copyright on our Service, you may notify us on [email protected] by providing our representative with the following information:
- The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
- A description of the copyrighted work that you claim has been infringed and a description of the infringing activity along with where it is located on the Service;
- Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
It is our policy to respond to notices of alleged copyright infringement that comply with the Information Technology Act, 2000 and other applicable law. If notified by a User or a content owner of User Content that allegedly does not conform to the Terms, including without limitation allegations of infringement of third-party intellectual property or proprietary rights, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserves the right to do at any time and without notice or liability to you. For clarity, we do not permit copyright, trademark, or other intellectual property infringing activities on the Service.
We may promptly terminate without notice your access to the Service if you are determined by us to be a “repeat infringer”. A repeat infringer is a User who has been notified by us of infringing activity violations more than once and/or who has had User Content or any other user-submitted content removed from the Service more than once due to any allegation of infringement of third-party rights. We may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any Intellectual Property Rights of others, whether or not there is any repeat infringement.
10. Third-Party Sites, Products and Services, and Links
The Service may include links or references to the websites, products or services of third party(ies) (“Third Party Sites”). We do not endorse any such Third Party Sites or the information, materials, products, or services contained in or accessible through Third Party Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service are solely between you and such advertiser. Access and use of Third Party Sites, including the information, materials, products, and services on or available through Third Party Sites is solely at your own risk.
11. Privacy Notice
We care about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
12. Other Guidelines
When using the Service , you may be subject to any additional guidelines or rules applicable to specific services and features which may be posted from time to time or communicated to you in the accordance with the terms hereof (the “Guidelines”). All such Guidelines are hereby incorporated by reference into the Terms.
13. Modification of the Terms
We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the Terms at any time. Please check the Terms and any Guidelines periodically for changes. Your continued use of the Service after the posting of changes constitutes your binding acceptance of such changes. For any material changes to the Terms, we will make reasonable effort to provide notice to you of such amended Terms, such as by an email notification to your registered email address with us or by posting a notice on the Service or otherwise in accordance with the terms hereof you, and such amended terms will be effective immediately against you.
You agree that we may, in our sole discretion, for any or no reason, and with or without penalty, terminate your registration and/or any account (or any part thereof) you may have with us or your use of the Service and remove and discard all or any part of your registration, account, User profile, and any User Content at any time.
We may also in our sole discretion and at any time discontinue providing access to the Service, or any part thereof, with or without notice. You agree that any termination or discontinuation of your access to the Service or registration or any account you may have, or portion thereof, may be affected without prior notice, and you agree that we will not be liable to you or any third party for any such termination or discontinuation.
Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies we may have at law or in equity. As discussed herein, we do not permit copyright, trademarks, or other intellectual property or proprietary rights infringing activities or any other activity that violates any local, state, national, and international, law, rule, regulation or international convention, on the Service, and will terminate access to the Service, and remove all User Content or other content submitted, by any Users.
Your only remedy with respect to any dissatisfaction with (i) the Service, (ii) any term of these Terms of Service, (iii) Guidelines, (iv) any policy or practice of MakeStories in operating the Service, or (v) any content or information transmitted through the Service, is to terminate the Terms and your account. You may terminate the Terms at any time by deleting your login account with the Service and discontinuing use of any and all parts of the Service.
You agree to indemnify, defend, and hold us harmless, our subsidiaries and affiliated companies, contractors, employees, agents and third-party suppliers, licensors, and partners and their employees, contractors, agents, officers and directors (“MakeStories Indemnitees”) from and against any and all claims, losses, damages, debt, liabilities, expenses, including legal fees and expenses, arising out of (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity, or Intellectual Property Rights; (iv) your violation of any applicable law, rule, or regulation; (v) any claim or damages that arise as a result of any of your User Content, or any content that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password, or other appropriate security code.
We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims and directly assume the costs and expenses related to such matter. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
16. Disclaimers and No Warranties
To the fullest extent permissible pursuant to applicable law, MakeStories, and its subsidiaries, affiliates, partners, licensors and suppliers and their officers, directors, employees, shareholders, agents, licensors and subcontractors disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of rights, all with regards to the Service and products offered through the Service. No advice or information, whether oral or written, obtained by you from MakeStories or through the Service will create any warranty or representation unless specifically expressly stated herein. You expressly acknowledge and agree that you have not relied on the information available on the Service or otherwise procured from MakeStories.
You expressly agree that use of the Service is at your sole risk. The Service and any data, information, third-party software, User Content, Reference Sites, services, features or applications made available in conjunction with or through the Service are provided on an “as is,” “as available” and “with all faults” basis and without warranties or representations of any kind either express or implied.
MakeStories, its suppliers, licensors, affiliates, subsidiaries and partners do not warrant that the data, User Content, functions, features, software or any other information offered on or through the Service or any Reference Sites will be uninterrupted, or free of errors, viruses or other faulty components.
MakeStories, its suppliers, licensors, affiliates, subsidiaries and partners do not warrant or make any representations regarding the use or the results of the use of the Service or any Reference Sites in terms of correctness, accuracy, reliability, or otherwise.
You understand and agree that your use, access, download, or otherwise obtaining information or data through the Service or any Reference Sites is at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system or mobile phones) or loss of data that results from the download or use of such Service or data or content.
MakeStories does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and MakeStories will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
17. Limitation of Liability, No Guarantee of Success, and Damages
Under no circumstances and in no event, will MakeStories or its affiliates, contractors, employees, agents, or third-party partners, licensors, or suppliers be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost opportunity or to enhance one’s reputation, lost revenues, or loss of anticipated profits or loss of data or goodwill or other intangible loss or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to the Terms or that result from your use of or your inability to use the Service or any Reference Sites including submission of User Content, or any other interactions with MakeStories, even if MakeStories or its authorized representative has been advised of the possibility of such damages. In the event applicable law does not allow the limitation or exclusion of liability or incidental or consequential damages, the Stories liability of MakeStories will be limited to the fullest extent permitted by applicable law.
The content, services and materials on the Service or otherwise made available by MakeStories do not in any way guarantee success, derived benefits, reward, compensation or any other tangible or intangible payback or benefits of any sort whatsoever and MakeStories does not in any way warrant such success, derived benefits, reward, compensation or any tangible or intangible payback or rewards in any manner whatsoever. MakeStories shall in no event be held responsible if any User is dissatisfied with the content, services and materials contained or provided on the Service or otherwise made available by MakeStories and the only remedy against MakeStories due to such dissatisfaction shall be that as mentioned in these Terms.
To the maximum extent permitted by applicable law, MakeStories 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 or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party. In no event will MakeStories or its affiliates’, contractors’, employees’, agents’, or third-party partners’, licensors’, or suppliers’ total liability to you for all damages, losses, and causes of action arising out of or relating to the Terms or your use of the Service or your interaction with other users (whether in contract, tort including negligence, strict liability, or any other basis), exceed the amount paid by you, if any, for accessing the Service during the twelve months immediately preceding the date of the claim or an amount equivalent to INR 10,000/- (Indian Rupees Ten Thousand only), whichever is lower.
Notwithstanding anything to the contrary contained herein, MakeStories shall not be liable for any damages, costs or losses arising as a result of modifications made to User Content, Stock Materials, or other content, any additions or combinations of User Content or Stock Materials with other content, or the context in which the User Content, Stock Materials, or other content is used by you or us.
These limitations of liability also apply with respect to damages incurred by you by reason of any products or services sold or provided on any Reference Sites or otherwise by third parties other than MakeStories and received through or advertised on the Service or received through any Reference Sites.
You acknowledge and agree that MakeStories has offered its products and services, set its prices, and entered into the Terms in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and MakeStories, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain and relationship between you and MakeStories. MakeStories would not be able to provide the Service to you on an economically reasonable basis or for free without these limitations.
The foregoing limitation of liability shall apply to the fullest extent permitted by law.
18.1 Notice: We may provide you with notices, including those regarding changes to the Terms, by email or postings on the Service. Notice will be deemed given twenty-four hours after email is sent, unless we are notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Service. In such case, notice will be deemed given two days after the date of mailing. Notice posted on the Service is deemed given immediately upon initial posting. MakeStories is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. MakeStories may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically.
18.2 Waiver: No exercise, failure to exercise, or delay in exercising any right, power, or remedy vested in MakeStories under or pursuant to this Terms shall constitute a waiver by us of that or any other right, power, or remedy. Any waiver of any provision of the Terms will be effective only if in writing and signed by an authorized representative of MakeStories.
18.3 Governing Law and Jurisdiction:
- Governing Law. The Terms will be exclusively governed by and construed in accordance with the laws of India, without giving effect to any principles of conflicts of law.
- Jurisdiction. You agree that any action at law or in equity arising out of or relating to the Terms or MakeStories will be filed only in the competent courts of Mumbai, India and each of you and MakeStories hereby consent and submit to the exclusive jurisdiction of such courts.
18.4 Severability: If any provision of the Terms or any Guidelines is adjudged by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, the same shall in no way affect any other provision of these Terms or Guidelines, or its validity or enforceability, and the unenforceable provision shall be performed to the extent valid and enforceable.
18.5 Assignment: The Terms and related Guidelines, and any rights and licenses granted hereunder, shall not be transferred or assigned by you, but may be assigned by MakeStories without restriction. Any assignment attempted to be made in violation of the Terms shall be null and void.
18.6 Survival: Upon termination of the Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including but not limited to, Clauses 3, 4.3, 4.4, 5, 7, 8, 14 through 18.
18.7 Headings: The heading references herein are for convenience purposes only and do not constitute a part of the Terms and will not be deemed to limit or affect any of the provisions hereof.
18.9 Disclosures: The Service hereunder are offered by: Eszmeletlen Holding Co. 702, Tridev -1 CHSL, Bhakti Marg, Mulund West, Mumbai , MH, India - 400080. General: Your electronic consent to this Agreement (or to any other agreement between you and MakeStories), whether by clicking “I AGREE” or similar buttons and/or your registration to use the Service or your continued use of the Service governed by this Agreement, shall constitute your electronic signature and, according to the provisions of the applicable law (including, without limitation, information technology laws), shall be of the same effect as if you had signed such agreement manually and physically. Upon our request, you agree to sign a non-electronic version of this Agreement. A printed version of this Agreement and/or of any notice given in electronic form shall be admissible in judicial, quasi-judicial, or administrative proceedings arising out of or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
18.10 Contact: Please contact us at [email protected] with any questions regarding this Agreement or the Terms.