Backstory Terms of Service

 

Thank You for visiting - we hope You enjoy the experience!

These Terms of Service (these “Terms”) are a legal contract between You and Oxazon, LLC (the “Company," “We” or “Us”, and together with You, “Everyone”).  These Terms govern Your use of all the text, data, information, software, graphics, proprietary content and more (all of which We refer to as “Materials”) that We and Our affiliates may make available to You, as well as any services (“Services”) We may provide through any of Our websites (the “Website”) or Our mobile applications or any software that We provide to You for download (Our “Mobile App(s)” and collectively with the Materials, Website and Services, the “Platform”).

READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE OR USING THE PLATFORM.  USING THIS PLATFORM INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS.  YOU CANNOT USE THIS WEBSITE OR USE THE MOBILE APP IF YOU DO NOT ACCEPT THESE TERMS.

   

NOTE:  THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH THE COMPANY.  YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

CHANGES.

We may alter the Materials and Services We offer You and/or choose to modify, suspend or discontinue this Platform at any time and without notifying You.  We may also change, update, add or remove provisions of these Terms from time to time (collectively, “modifications”).  Because Everyone benefits from clarity, We promise to inform You of any modifications to these Terms by posting them on the Platform and, if You have registered for an account with Us, by describing the modifications to these Terms in an email that We will send to the address that You provided during registration.  To be sure We properly reach Your email inbox, We just ask that You let Us know if Your preferred email address changes at any time after Your registration.

 

If You object to any such modifications, Your sole recourse shall be to cease using the Platform.  Continued use of the Platform following notice of any such modifications indicates You acknowledge and agree to be bound by the modifications.  Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the Website or on the Mobile App.  These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.

GENERAL USE.

By using the Platform, You promise that You are at least 18 years of age.

We invite You to use the Platform for individual, consumer purposes (“Permitted Purposes”) – enjoy!

For as long as You agree to these Terms and abide by them, you may use the Platform.  These Terms apply to all users of the Platform, including visitors and account holders.  The Platform is licensed, not sold, to You. 

The Platform is protected by copyright laws throughout the world.  Subject to Your agreement, and continuing compliance with these Terms, Company grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to access and use the Platform and/or download and use copy(ies) of Mobile App(s) on a mobile device or computer, including if applicable, a desktop version of the Platform, that you own or control, and to run such copy(ies) solely for your own individual, non-commercial purposes.  You agree not to use the Platform for any other purpose.  You have no other rights in the Platform or any Materials and You may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Platform or Materials in any manner.  If You make copies of any of the Materials while engaging in Permitted Purposes then We ask that You be sure to keep on the copies all of Our copyright and other proprietary notices as they appear on the Platform. 

All rights not expressly granted to you in these Terms are reserved and retained by Company and/or its licensors.  By using the Platform, you represent that you are not a person barred from using the Platform under the laws, rules and regulations of the United States of America, your place of residence or any other applicable jurisdiction.  No other rights, assignment, licenses or legal relationship of any nature, including, but not limited to, agency, partnership, joint-venture, employer-employee, franchisor-franchisee or otherwise, either express or implied, are created through your use of the Platform unless expressly set forth in these Terms.

Unfortunately, if You breach any of these Terms the above license will terminate automatically and You must immediately destroy any downloaded or printed Materials (and any copies thereof).

 

MOBILE APPLICATIONS.

We make available Mobile Apps to access the Platform via a mobile device.  To use the Mobile App You must have a mobile device that is compatible with the mobile service.  We do not warrant that the Mobile App will be compatible with Your mobile device.  We hereby grant to You a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile App for one registered account on one mobile device owned or leased solely by You, for Your personal use.  You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile App to any third-party or use the Mobile App to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile App, features that prevent or restrict use or copying of any content accessible through the Mobile App, or features that enforce limitations on use of the Mobile App; or (v) delete the copyright and other proprietary rights notices on the Mobile App.  You acknowledge that We may from time to time issue upgraded versions of the Mobile App, and may automatically electronically upgrade the version of the Mobile App that You are using on Your mobile device.  You consent to such automatic upgrading on Your mobile device, and agree that these Terms will apply to all such upgrades.  The foregoing license grant is not a sale of the Mobile App or any copy thereof, and We and Our third-party licensors or suppliers retain all right, title, and interest in and to the Mobile App (and any copy of the Mobile App).  Standard carrier data charges may apply to Your use of the Mobile App.

 

The following additional terms and conditions apply with respect to any Mobile App that We provide to You designed for use on an Apple iOS-powered mobile device (an “iOS App”):

  • You acknowledge that these Terms are between You and Us only, and not with Apple, Inc. (“Apple”).

  • Your use of Our iOS App must comply with Apple’s then-current App Store Terms of Service.

  • We, and not Apple, are solely responsible for Our iOS App and the Services and Content available thereon.  You acknowledge that Apple has no obligation to provide maintenance and support services with respect to Our iOS App.  To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to Our iOS App.

  • You agree that We, and not Apple, are responsible for addressing any claims by You or any third-party relating to Our iOS App or Your possession and/or use of Our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to Us as provider of the iOS App.

  • You agree that We, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to Our iOS App or Your possession and use of Our iOS App.

  • You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.

  • You agree to comply with all applicable third-party terms of agreement when using Our iOS App (e.g., You must not be in violation of Your wireless data service terms of agreement when using the iOS App).

  • The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to Your license of Our iOS App.  Upon Your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against You as they relate to Your license of the iOS App as a third-party beneficiary thereof.

 

The following additional terms and conditions apply with respect to any Mobile App that We provide to You designed for use on an Android-powered mobile device (an “Android App”):

  • You acknowledge that these Terms are between You and Us only, and not with Google, Inc. (“Google”). 

  • Your use of Our Android App must comply with Google’s then-current Android Market Terms of Service.

  • Google is only a provider of the Android Market where You obtained the Android App.  We, and not Google, are solely responsible for Our Android App and the Services and Content available thereon.  Google has no obligation or liability to You with respect to Our Android App or these Terms.

  • You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to Our Android App.

The following additional terms and conditions apply with respect to any Mobile App that We provide to You designed for use on an Android-powered mobile device and obtained from the Amazon App Store (an “Amazon Android App”):

  • You acknowledge that these Terms are between You and Us only, and not with Amazon.com, Inc. (“Amazon”). 

  • Information that We collect from You or Your device are subject to these Terms and the Privacy Policy, and will not be subject to the Amazon.com Privacy Notice. 

  • Amazon has no obligation or liability to You with respect to Our Amazon Android App and the Services and Content available thereon or these Terms.  We, and not Amazon, are solely responsible for Our Amazon Android App and the Services and Content available thereon.  For the avoidance of doubt, the Amazon Android App does not include any software that You may need to install on Your mobile device in order to download applications from the Amazon App Store (the “Appstore Software”).  The Appstore Software is licensed to You by Amazon pursuant to the terms of the then current Amazon Appstore for Android Terms of Use.

USING THIS WEBSITE AND THE WEBSITE’S SERVICES.

We appreciate You visiting this Website and allow You to do just that – stop by and leisurely check it out without even registering with Us!

However, in order to access certain password-restricted areas of this Website and to use certain Services and Materials offered on and through the Platform (such as storing or viewing Content (defined below)), You must successfully register an account with Us and may be required to download the Mobile App.

 

ACCOUNTS; PASSWORD RESTRICTED AREAS OF THE PLATFORM.

In order to use the Platform, you must register for one of the following types of accounts, which will depend on the Services you choose to obtain from the Platform.  You may register for either (1) an account as an account creator where you will be required to download and install the Mobile App (such account holder, a “Creator”), or (2) a Website-only account that does not require you to download the Mobile App (such account holder, a “Viewer”).  If you have registered for an account as a Creator, You will be able to upload, organize and store Content in Your account, and share Your Content.  If you register for an account as a Viewer, You will only be able to view Content that has been shared by the Creator of the account, and You will not be able to organize or post Content.

If You want to register for a Creator account with Us, You must download the Mobile App and register for an account with Us by submitting the following information through the account registration page on the Mobile App:  

  • A working email address;

  • First and last name;

  • Password; and

  • Mobile telephone number.

You may also provide additional, optional information so that We can provide You a more customized experience when using this Platform – but, We will leave that decision with You.  As a Creator, You may also provide the mobile telephone number of an individual, such as a partner or other family member, whom you would like to invite to be a joint user on Your account (a “Joint Account User”), enabling such Joint Account User to upload their photos and videos to Your account.  

If You are a Joint Account User who has accepted a Creator’s invitation to be a joint user on such Creator’s account, You must download the Mobile App and register for an account with Us by submitting the following information through the account registration page on the Mobile App:

  • A working email address;

  • First and last name;

  • Password; and

  • Mobile telephone number.

If You want to register for a Viewer account with Us, You must register for an account with us by submitting the following information through the account registration page on the Website:

 

  • A working email address;

  • First and last name; and

  • Password.

For all types of accounts, once You submit the required registration information, We alone will determine whether or not to approve Your proposed account.  For so long as You use the account, You agree to provide true, accurate, current, and complete information when you access your account or use the Platform.  You may update your account information by logging into Your account and making relevant changes directly, or contacting Us using the below contact information and We can make the changes for You.  And, if You forget Your password – no worries as We will happily send a password update to Your provided email address.

 

You are responsible for complying with these Terms when You access this Platform, whether directly or through any account that You may setup through or on this Platform.  Because it is Your account, it is Your job to obtain and maintain all equipment and services needed for access to and use of the Platform as well as paying related charges.  It is also Your responsibility to maintain the confidentiality of Your password(s), including any password of a third-party site that We may allow You to use to access the Platform.  Should You believe Your password or security for the Platform has been breached in any way, You must immediately notify Us.

 

PAYMENTS; AUTO-RENEWAL TERMS; CANCELLATION.

 

Payment

 

We provide accounts, either as a Creator or Viewer, at no cost to You.  We may offer certain additional features, services, programs and/or offerings for a fee (each, a “Paid-Offering”).  If you purchase any Paid-Offerings, either on a one-time or on a recurrent basis, You agree to pay all applicable fees related to Your use of this Platform and Our Services which are described fully on the applicable pages of the Platform for the applicable Paid-Offering.  Company reserves the right to change prices for Paid-Offerings at any time, and does not provide price protection or refunds in the event of promotions or price decreases.  We may suspend or terminate Your account and/or access to Our Services and the Platform if Your payment is late and/or Your offered payment method (e.g., credit card or PayPal account) cannot be processed.  By providing a payment method, You expressly authorize Us and/or our third-party payment processor to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals (including, without limitation, periodic fees for monthly or annual recurrent offerings or subscriptions), all of which depend on Your particular subscription and utilized services.  All payments will be subject to the third-party payment processor’s applicable fees, terms, conditions and privacy policies, and you hereby agree to pay such fees and comply with all such terms, conditions and policies.

Automatic Renewal Terms for Auto-Renewing Subscriptions

We may offer some of Our Paid Offerings under automatic renewal terms in order to facilitate continuity of service to You.  If You purchase a Paid-Offering that is subject to automatic renewal terms, such Paid-Offering will be billed on a subscription basis and will automatically renew on the same terms and conditions until cancelled by You or Us (a “Subscription”).  We will automatically renew your Paid-Offering as per the period of Your choosing, on the anniversary of that date that We first charge Your account for the first fee, and, as authorized by You during the Paid-Offering sign-up process.  We will charge Your account with the applicable fee and any sales or similar taxes that may be imposed on Your fee payment (unless you cancel prior to the anniversary date).  Each renewal period is for the same term as the prior one, unless otherwise agreed between You and Us.  We reserve the right to modify pricing at any time (but not the price in effect for Your then-current term), upon advance notice to You. If You have not cancelled the Paid-Offering within the specified time after receiving notice of a price change, Your Paid-Offering will auto-renew at the price indicated in Your notice. 

Cancellation

YOU MAY CANCEL YOUR ACCOUNT OR PAID-OFFERINGS AT ANY TIME, PROVIDED THAT (UNLESS OTHERWISE INDICATED ON THE PLATFORM) ANY FEES CHARGED PRIOR TO THE EFFECTIVE DATE OF CANCELLATION WILL NOT BE REFUNDED, IN WHOLE OR IN PART.  You will be responsible for paying any balance due on the account.  To make things less complicated, You agree that We may charge any unpaid fees to Your provided payment method and/or send You a bill for such unpaid fees.  If you cancel your Paid-Offering, your access to and use of the applicable offering will be shut off once your then current term expires.  We do not provide pro-rated refunds of any portion of the fees paid for any unused Paid-Offerings.  If you have any problems or concerns with your cancellation please contact us at help@backstory.app for assistance. 

 

ELECTRONIC COMMUNICATIONS.

By using the Platform and/or the Services provided on or through the Platform, You consent to receiving electronic communications from Us.  These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Platform and/or Services provided on or through the Platform.  These electronic communications are part of Your relationship with Us.  You agree that any notices, agreements, disclosures or other communications that We send You electronically will satisfy any legal communication requirements, including that such communications be in writing.

PRIVACY POLICY.

We respect the information that You provide to Us, and want to be sure You fully understand exactly how We use that information.  So, please review Our Privacy Policy (“Privacy Policy”) which explains how we use such information.

 

LINKS TO THIRD-PARTY SITES.

We think links are convenient, and We sometimes provide links on the Platform to third-party websites.  If You use these links, You will leave the Platform.  We are not obligated to review any third-party websites that You link to from the Platform, We do not control any of the third-party websites, and We are not responsible for any of the third-party websites (or the products, services, or content available through any of them).  Thus, We do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them.  If You decide to access any of the third-party websites linked to from the Platform, You do this entirely at Your own risk and You must follow the privacy policies and terms and conditions for those third-party websites.

SUBMISSIONS.

The Platform allows you to upload, submit and store Your photographs, images, and videos (the “Content”).  Certain areas of the Platform (e.g., adding captions and creating tags) may permit You to submit text, comments, messages, or other materials (each, a “User Materials”, and together with the Content, “User Submissions”).  You agree that You are solely responsible for all of Your User Submissions.  Further, We do not guarantee that You will be able to edit or delete any User Materials You have submitted.

By submitting any User Submission, You are promising Us that:

  • You own all rights in Your User Submissions (including, without limitation, all rights to the reproduction and display of Your User Submissions) or, alternatively, You have acquired all necessary rights in Your User Submissions to enable You to grant to Us the rights in Your User Submissions as described in these Terms;

  • You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of Your User Submissions;

  • Your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;

  • You voluntarily agree to waive all “moral rights” that You may have in Your User Materials;

  • Any information contained in Your User Submission is not known by You to be false, inaccurate, or misleading;

  • Your User Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);

  • Your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;

  • Your User Submission does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than Your own);

  • Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;

  • You consent to the use of your likeness or image as contemplated by these Terms;

  • You have obtained the written consent, release, and/or permission of every identifiable individual who appears in User Submissions to use such individual’s likeness, for purposes of using the User Submissions in connection with the Platform or otherwise as set forth in these Terms.  If an identifiable individual in any User Submission is under the age of majority in your jurisdiction, you have obtained written consent, release and/or permission from such individual’s parent or legal guardian.  You agree to provide us with any such consent upon our reasonable request.  If you submit a User Submission that contains the likeness of an identifiable individual under the age of majority in your jurisdiction, we encourage you not to include any identifying information (such as the individual’s name or address) with such User Submissions; and

  • Your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

 

We do not claim ownership to User Submission.  However, by providing or posting User Submission, you irrevocably grant Us a worldwide, non-exclusive, irrevocable, royalty-free, fully paid license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, modify, index, adapt, publish, translate, create derivative works of, distribute and display such User Submission throughout the world in any media, whether now known or hereafter invented, for purposes of providing the Services or the Platform to You.  You grant to Us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to display advertisements in connection with Your User Materials and to use Your User Materials for advertising and promotional purposes.  Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Submission, even if it is altered or changed in a manner not agreeable to you.  To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights.  You agree to pay all royalties, fees and other monies owing to any person or entity by reason of the User Submissions that you post on the Platform.

We may, but are not obligated to, pre-screen User Submissions or monitor any area of the Platform through which User Submissions may be submitted.  Additionally, we may use technology provided by our service providers to review Your Content to confirm that it does not contain any explicit, illegal, or potentially offensive material.  We are not required to host, display, or distribute any User Submissions on or through the Platform and may remove at any time or refuse any User Submissions for any reason.  We are not responsible for any loss, theft, or damage of any kind to any User Submissions.  We take no responsibility and assume no liability for any User Submissions that you or any other user posts or sends on or through the Platform, nor do we assume any liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.

We may disclose any content or records concerning Your account as necessary to satisfy any law, regulation, or other governmental request or to properly operate our network and protect any of our customers.  We will investigate complaints of a violation of a third-party right or of these Terms.  We will cooperate with those attempting to minimize Internet abuse and reserve the right to institute “filters” or other mechanisms for that purpose.  We will cooperate with law enforcement authorities and reserve the right to notify such authorities if We suspect that You are engaged in illegal activities.  Nothing contained in this Section, or anywhere in these Terms, is intended to bestow any rights on any third party, and no third parties shall be entitled to enforce any terms of these Terms between us, the parties. 

Protections  

We take the issue of child pornography very seriously, and any potential harm to minors using Our Services or the Platform is strictly prohibited.  User Submissions that are or may be perceived to be child pornography will be immediately removed from the Platform upon notification or detection by Us.  Additionally, We reserve the right to terminate any account that includes User Submissions that are or may be perceived to be child pornography immediately and without notice to You.  You agree to cooperate in any such efforts.  User Submissions or communications seeking to solicit, lure or entice minors into sexual activity or lewd behavior is also strictly prohibited, and will be treated the same as, or similar to, child pornography, consistent with applicable law.  Consistent with federal law, We will cooperate with law enforcement authorities and will notify such authorities if we suspect that You are engaged in any such illegal activities.

In accordance with the reporting requirements of 18 U.S.C. § 2258A, we will report to the CyberTipline (www.cybertipline.com) any actual knowledge of apparent violations of 18 U.S.C §§ 2251, 2251A, 2252, 2252A, 2252B, 2260, or 1466A.  If You suspect any instances of child pornography appearing on the Platform, We encourage you to send such reports to our abuse address at legal@backstory.app, and include the name of the account holder, file name, victim (if known), date of birth, date of production, and any other information about the suspect image(s).  Do not send the image(s) in question.  Alternately, you may use the CyberTipline to report suspected child pornography.  

Immunity from Certain Claims

 

Pursuant to the Communications Decency Act (the “CDA”), 47 U.S.C. § 230(c)(1), and court decisions interpreting the scope of the CDA, you acknowledge and understand that We operate as the provider of an interactive computer service.  Thus, we are immune from, and cannot be held responsible for, claims arising from the publication of your User Submissions.  We do not create such content, and we are not responsible for the publication of remarks or communications of you or third parties that may arguably rise to the level of being actionable under federal or state laws including, but not limited to, the publication of material that might be considered defamatory, or violative of privacy or publicity rights.  Note, that federal law allows Us to remove any content found to be offensive, defamatory, obscene or otherwise violative of our policies, without impacting our immunity status as an interactive computer service.  Nothing contained in this Section is intended to limit or alter the immunity from claims provided by Section 230 of the Communications Decency Act.  In the event that any court finds that any third-party communication or third-party content hosted by us falls outside of the realm of the immunity provided by the CDA, this shall not be deemed to be a waiver of any legal protections provided by Section 230 for any and all other content posted on our Site or hosted via our Services.

 

UNAUTHORIZED ACTIVITIES.

 

We authorize Your use of the Platform only for Permitted Purposes.  Any other use of the Platform beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of the Platform.  This is because as between You and Us, all rights in the Platform remain Our property.

Unauthorized use of the Platform may result in violation of various United States and international copyright laws.  Below are some examples of things to avoid.  Unless You have written permission from Us stating otherwise, You are not authorized to use the Platform in any of the following ways (these are examples only and the list below is not a complete list of everything that You are not permitted to do):

 

  • For any public or commercial purpose which includes use of the Platform on another site or through a networked computer environment;

  • In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of the Platform;

  • In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;

  • To stalk, harass, or harm another individual;

  • To impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity;

  • To interfere with or disrupt the Platform or servers or networks connected to the Platform;

  • To use any data mining, robots, or similar data gathering or extraction methods in connection with the Platform; or

  • Attempt to gain unauthorized access to any portion of the Platform or any other accounts, computer systems, or networks connected to the Platform, whether through hacking, password mining, or any other means.

 

You agree to hire attorneys to defend Us if You violate these Terms and that violation results in a problem for Us.  You also agree to pay any damages that We may end up having to pay as a result of Your violation.  You alone are responsible for any violation of these Terms by You.  We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and, in such case, You agree to cooperate with Our defense of such claim.

 

PROPRIETARY RIGHTS.

 

The trademarks, service marks, and logos of the Company (“Our Trademarks”) used and displayed on various parts of the Platform are registered and unregistered trademarks or service marks of the Company.  Other trademarks, names and logos on the Platform are the property of their respective owners.

 

Unless otherwise specified in these Terms, all Materials, including the arrangement of them on the Platform are Our sole property.  All rights not expressly granted herein are reserved.  Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.  

 

FEEDBACK.

 

Any comments, questions, suggestions, recommendations or feedback regarding the Services or the Platform (collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary.  Except as prohibited by applicable law, You hereby assign all right, title, and interest in, and We are free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback.  Where the foregoing assignment is prohibited by law, you hereby grant Us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as We may determine in our sole discretion.  Notwithstanding the foregoing, you understand and agree that We are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution.

 

INTELLECTUAL PROPERTY INFRINGEMENT.

We respect the intellectual property rights of others and encourage You to do the same.  Accordingly, We have a policy of removing User Submissions that violate intellectual property rights of others, suspending access to the Platform (or any portion thereof) to any user who uses the Platform in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the Platform in violation of someone’s intellectual property rights. 

 

Pursuant to Title 17 of the United States Code, Section 512, We have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If You believe Your copyright or other intellectual property right is being infringed by a user of the Platform, please provide written notice to Our Agent for notice of claims of infringement:

 

Attn: Oxazon DMCA Agent

 

Email: legal@backstory.app

 

To be sure the matter is handled immediately, Your written notice must: 

  • Contain Your physical or electronic signature;

  • Identify the copyrighted work or other intellectual property alleged to have been infringed;

  • Identify the allegedly infringing material in a sufficiently precise manner to allow Us to locate that material;

  • Contain adequate information by which We can contact You (including postal address, telephone number, and e-mail address);

  • Contain a statement that You have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;

  • Contain a statement that the information in the written notice is accurate; and

  • Contain statement, under penalty of perjury, that You are authorized to act on behalf of the copyright or other intellectual property right owner. 

  • Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.

Submitting a DMCA Counter-Notification

We will notify You that We have removed or disabled access to copyright-protected material that You provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, You may provide Our Agent with a written counter-notification that includes the following information:

1.  Your physical or electronic signature;

2.  Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

 

3.  A statement from You under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

 

4.  Your name, physical address and telephone number, and a statement that You consent to the jurisdiction of a court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which We may be located, and that You will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

 

Termination of Repeat Infringers

 

We reserve the right, in Our sole discretion, to terminate the account or access of any user of the Platform who is the subject of repeated DMCA or other infringement notifications.  

 

DISCLAIMER OF WARRANTIES.

 

THE PLATFORM IS PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE IS WITH YOU.

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS WEBSITE, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. 

THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE PLATFORM IS FREE OF PROBLEMS.  Without limiting the generality of the foregoing, We make no warranty that the Platform will meet Your requirements or that the Platform will be uninterrupted, timely, secure, or error free or that defects in the Platform will be corrected.  We make no warranty as to the results that may be obtained from the use of the Platform or as to the accuracy or reliability of any information obtained through the Platform.  No advice or information, whether oral or written, obtained by You through the Platform or from Us or Our subsidiaries/other affiliated companies shall create any warranty.  We disclaim all equitable indemnities.

 

LIMITATION OF LIABILITY.

 

WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE PLATFORM, OR FROM YOUR DISPLAYING, COPYING, DOWNLOADING, UPLOADING, STORING OR POSTING ANY MATERIALS, INCLUDING WITHOUT LIMITATION ANY USER SUBMISSIONS, TO OR FROM THE PLATFORM.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.  IN NO EVENT WILL COMPANY’S LIABILITY EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) AND THE AMOUNTS YOU PAY THE COMPANY FOR USE OF, OR IN CONNECTION WITH, THE PLATFORM.  THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY (i) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (ii) EVEN IF AN EXCLUSIVE OR LIMITED REMEDY STATED HEREIN FAILS OF ITS ESSENTIAL PURPOSE, AND (iii) WITHOUT REGARD TO WHETHER SUCH CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE.

 

LOCAL LAWS; EXPORT CONTROL.

 

We control and operate the Platform from Our headquarters in the United States of America and the entirety of this the Platform may not be appropriate or available for use in other locations.  If You use the Platform outside the United States of America, You are solely responsible for following applicable local laws.

 

INTERACTIONS BETWEEN USERS.

You are solely responsible for your interactions with other users of the Platform and any other parties with whom You interact through the Platform.  Company reserves the right, but has no obligation, to monitor or become involved in any way with these disputes.  You will fully cooperate with Company to investigate any suspected unlawful, fraudulent or improper activity, including, but not limited to, granting Company access to any password-protected portions of Your account.  Company reserves the right to restrict, suspend, or close Your account if Company determines, in our sole discretion, that doing so is necessary or in our best interests.

 

If You have a dispute with one or more users, You release Company (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. 

 

If You are a California resident, You waive California Civil Code § 1542, which says: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

 

DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER.

 

Please Read This Provision Carefully.  It Affects Your Legal Rights.

 

This Section (Dispute Resolution and Arbitration; Class Action Waiver) (this “Provision”) facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between You and Us.  Effectively, then, “Dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to You (such as Our licensors, suppliers, dealers or third-party vendors) whenever You also assert claims against Us in the same proceeding.

This Provision provides that all disputes between You and Us shall be resolved by binding arbitration because acceptance of These Terms constitutes a waiver of Your right to litigation claims and all opportunity to be heard by a judge or jury.  To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited.  The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney’s fees).  You may, however, opt-out of this Provision which means You would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). EVERYONE AGREES THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

 

Pre-Arbitration Claim Resolution

 

For all Disputes, whether pursued in court or arbitration, You must first give Us an opportunity to resolve the Dispute which is first done by <emailing> to Us at legal@backstory.app the following information: (1)Your name, (2) Your address, (3) A written description of Your Claim, and (4) A description of the specific relief You seek.  If We do not resolve the Dispute within 45 days after receiving Your notification, than You may pursue Your Dispute in arbitration.  You may pursue Your dispute in a court only under the circumstances described below.

 

Exclusions from Arbitration/Right to Opt Out

 

Notwithstanding the above, Your or We may choose to pursue a Dispute in court and not by arbitration if: (a) The dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”).  You may opt-out of this Provision by emailing Us at legal@backstory.app the following information: (1) Your name; (2) Your address; (3) A clear statement that You do not wish to resolve disputes with Us through arbitration. Either way, We will not take any decision You make personally.  In fact, We promise that Your decision to opt-out of this Arbitration Provision will have no adverse effect on Your relationship with Us.  But, We do have to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and You must pursue Your dispute in arbitration or small claims court.

 

Arbitration Procedures

If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either You or We may initiate arbitration proceedings.  The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator.  The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration.  All issues shall be for the arbitrator to decide, including the scope of this Provision.

For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply.  In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply.  The AAA rules are available at www.adr.org or by calling 1-800-778-7879.  For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply.  The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267.  This Provision governs in the event it conflicts with the applicable arbitration rules.  Under no circumstances will class action or representative procedures or rules apply to the arbitration.

Because this Website, the Platform and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes.  However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding.  The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law.  Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration – You or We may initiate arbitration in either California or the federal judicial district that includes Your billing address.

Payment of Arbitration Fees and Costs – So long as You place a request in writing prior to commencement of the arbitration, We will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator's hearing fees, costs and expenses upon Your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration.  But, You will still be responsible for all additional fees and costs that You incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses.  In addition to any fees and costs recoverable under applicable law, if You provide notice and negotiate in good faith with Us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that You are the prevailing party in the arbitration, You will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

 

Class Action Waiver

Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both You and We specifically agree to do so in writing following initiation of the arbitration.  If You choose to pursue Your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to You.  Neither You, nor any other user of the Platform or visitor to the Website can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

 

No Judge or Jury in Arbitration

 

Arbitration does not involve a judge or jury.  You understand and agree that by entering into these Terms You and We are each giving up the right to a jury trial or a trial before a judge in a public court.  In the absence of this Provision, You and We might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions).  Except as otherwise provided below, those rights are waived.  Other rights that You would have if You went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.

 

Severability

 

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect.  If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.

 

Continuation

 

This Provision shall survive the termination of Your account with Us or Our affiliates and Your discontinued use of the Platform.  Notwithstanding any provision in these Terms to the contrary, We agree that if We make any change to this Provision (other than a change to the Notice Address), You may reject any such change and require Us to adhere to the present language in this Provision if a dispute between Us arises.

 

LANGUAGE.

 

The Parties hereto have expressly required that these Terms and all documents and notices relating thereto be drafted in the English language.

 

GENERAL.

We think direct communication resolves most issues – if We feel that You are not complying with these Terms, We will tell You.  We may provide You with recommended necessary corrective action(s) because We value this relationship.

 

However, certain violations of these Terms, as determined by Us, may require immediate termination of Your access to the Platform without prior notice to You.  The Federal Arbitration Act, California state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms.  Foreign laws do not apply.  Except for disputes subject to arbitration as described above, any disputes relating to these Terms or the Platform will be heard in the courts located in San Diego County, California.  If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified.  By choosing not to enforced any of these Terms, We are not waiving Our rights.  These Terms are the entire agreement between You and Us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between Everyone about the Platform.  The proprietary rights, disclaimer of warranties, representations made by You, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

 

CALIFORNIA CONSUMER NOTICE.

 

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Website and Service are provided by Oxazon, LLC, 651 N Broad Street, Suite 206, Middletown, Delaware 19709.  If You have purchased anything from or through the Platform, a description of what You have purchased and relevant pricing information are posted as part of the ordering process for on the Platform (please consult Your individual purchase confirmation e-mail for the charges You incurred).  If You have a question or complaint regarding the Website or the Platform, please contact Customer Service at help@oxazon.com.  You may also contact Us by writing at Oxazon, LLC, 651 N Broad Street, Suite 206, Middletown, Delaware 19709. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

 

CONTACT US.

 

If You have any questions about these Terms or otherwise need to contact Us for any reason, You can reach Us at: 

PO Box 392
Rancho Santa Fe, CA 92067

Email: help@oxazon.com.