The following Service Terms and Conditions (the “Terms”) govern your access to, and use of: (i) http://www.shortstoryproject.com/ (together with its sub-domains, Content (as defined below) and services, the “Site”); (i) The Short Story Project Service (as defined below) made available on the Site.
Please read these Terms carefully. By accepting these Terms and/or by using the Site, you acknowledge that you have read and understood, and agree to comply with, the Terms below, and are entering into a binding legal agreement with the Short Story Project INC. (“Short Story Project”, “we”, “our” or “us”). You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by these Terms, please do not access or use the Site.
The Site is intended to provide information about us, our products and services and help you get in touch with us. We also offer to our users on the Site to access certain literary content in written and/or audio form, as available on the Site (“Short Stories”), subject to these Terms (“Short Story Service”) in addition we offer to our users to upload and publish their stories (solely owned by them).
We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective ten (10) days following posting of the revised Terms on the Site, and your continued use of the Site thereafter means that you accept those changes.
Ability to Accept Terms. The Site is only intended for individuals aged thirteen (13) years or older. If you are under 13 years please do not visit or use the Site. If you are between 13 and 18 years of age, then you must review these Terms with you parent or guardian before visiting or using the Site to make sure that you and your parent or guardian understand these Terms and agree to
Site Access. For such time as these Terms are in effect, we hereby grant you permission to visit and use the Site provided that you comply with these Terms and applicable law, and any applicable use restriction set for the herein.
Short Stories and Subscription
Short Story Service. Subject to the terms and conditions of this Agreement, Short Story Project grants you, and you accept, a limited, personal, revocable, non-exclusive, non-sublicensable, non-assignable and non- transferable right to access and read Short Stories in connection with the Short Story Service solely for your internal purposes, in accordance with these
Plans. Short Story Project offers access to short stories under different Plans (as defined below), which contain different features and functionalities and may include features and access to different Content. Subject to the terms and conditions of this Agreement, you may access and read the Short Stories available on the Site in either of the following manners (each, a “Plan”):
You may access Short Stories free of charge by accessing and using the Site (“Free Plan”).
Subject to your registration of an Account (defined below) at http://www.shortstoryproject.com/ and payment of any applicable Fees (defined below), you may purchase a subscription-based access to Short Stories (“Subscription”).
Subscription Purchase. You may purchase a Subscription via your Account at any time by completing and submitting Short Story Project’s then-current designated online Subscription order form (“Order”). If you choose to Submit an Order, you will be requested to: (i) provide current, complete and accurate information in connection with your Subscription; and (iii) to pay the applicable Fees. If you choose to submit an Order, you agree to provide complete and accurate information in connection with your
Subscription Cancellation. You may cancel your existing Subscription via your Account at any time by completing and submitting a Subscription cancellation request. If you choose to cancel your Subscription, you will be able to use the Short Story Service under the Free Plan only. Submission of a Subscription cancellation request will no automatically result in the deletion of your
Subscription Term. The Subscription is granted for a the period specified in the Order (“Initial Term”). Subject to continued payment of applicable Fees (defined below) by you, the Initial Term shall renew automatically on the same terms and conditions for equivalent, successive renewal terms (each, a “Renewal Term”), unless either party provides the other a written notice of its intention not to renew at least 90 days prior to the end of the then applicable term (the Initial Term and each Renewal Term shall collectively be referred to as the “Subscription Term”). Notwithstanding the foregoing, the Subscription Term shall automatically terminate upon termination of these Terms and/or your Subscription, or upon termination of your access to the Site and/or your Account, in accordance with Section 17 (“Term and Termination”) below.
Suspension. If we believe that: (i) you are using the Site, Content and/or Short Story Service in a manner that may cause harm to Short Story Project or any third party; or (ii) your use of the Site, Content and/or Short Story Service is not in accordance with this Agreement, then we may, without derogating from our other rights, suspend your access to and use of the Site, Content and/or Short Story Service (including your access to Short Stories), your Account and/or your Subscription, until such time as we believe the threat of harm, or actual harm, has passed.
Except to the extent expressly permitted in these Terms, you shall not, and shall not permit or encourage any third party to, do any of the following: (i) copy, distribute or modify any part of the Site without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose any Content (defined below), except as expressly authorized herein; (iii) disrupt servers or networks connected to the Site; (iv) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Site; (v) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site; (vi) use the Content in any way that is infringing, deceptive, harassing, or defamatory, or for any inappropriate purpose (as Short Story Project shall determine at its sole and absolute discretion); or (vii) use the Content or contrary to any applicable law or regulation.
In order to purchase a Subscription, you have to create an account (“Account”). You agree: (i) not to create an Account for anyone else or use the account of another without their permission; (ii) when creating your Account, to provide accurate and complete information; (iii) to be solely responsible for the activity that occurs in your Account; (iv) to keep your Account password secure; and (v) to notify Short Story Project immediately of any breach of security or unauthorized use of your Account. As between you and Short Story Project, you shall be solely responsible and liable for any losses or damage arising from unauthorized use of your Account. This includes illegal or improper use by someone to whom you have given permission to access or use your Account. If you wish to delete your Account, you may send an email request to Short Story Project at: email@example.com.
Payments to Short Story Project
Payments. Except as expressly set forth in the Terms, your general right to access and use the Site and Short Stories is currently for free. However, Short Story Project charges a periodic fee in consideration for your Subscription, as set forth in this Section.
Subscription Fees. In consideration for the Subscription, you shall pay the applicable, non-refundable subscription fees specified in the Order (“Fees”). All Fees paid by you to Short Story Project shall be non- refundable.
Payment Terms. Payments of the made to Short Story Project shall be made on a recurring basis, upon purchase of your Subscription for the Initial Term, and in the beginning of each Renewal Term with respect to such Renewal Term, and shall be changed to the means of payment that you provide in your Order (each such payment shall be referred to as a “Billing Cycle”). The Billing Cycles shall renew automatically at each Renewal Term. All Fees are stated, and shall be paid, in New Israeli Shekels. The Fees are non-refundable and, unless otherwise stated in the Order, are exclusive of all taxes, levies, or duties, which are your responsibility. If you are located in a jurisdiction which requires you to deduct or withhold taxes or other amounts from any amounts due to us, you must notify us in writing. In such a case, we reserve the right to assess the withheld amount or to increase the gross amount of the applicable payment so that, after the deduction or withholding for taxes, the net amount paid to us will not be less than the amount we would have received without the required deduction or withholding. The available payment methods and the required payment schedule are set forth in the
Payment Processing. Your payment will be processed through a third party payment processing service, and additional terms may apply to such payments. We currently engage a third party, for online payment processing services, and in addition to these Terms, you agree that such third party terms and conditions shall apply to your online payments of the Fees. We reserve the right to use other third party payment processing services for such purposes in the
Intellectual Property Rights
Content and Marks. The (i) content on the Site, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the “Materials”); (ii) the Short Stories (and together with the Materials, the “Content”); (iii) the trademarks, service marks and logos contained therein (“Marks”); and (iv) all reproductions, corrections, modifications, enhancements and improvements, as well as any patent rights, copyrights, trade secrets, trademarks, service marks, related goodwill and intellectual property rights in connection with (i) through (iv), are and shall remain at all times the property of Short Story Project and/or its licensors (including without limitation) and may be protected by applicable copyright or other intellectual property laws and treaties. “The Short Story Project”, the Short Story Project logo, and other marks are Marks of Short Story Project or its affiliates. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Site and the Content. We reserve the right, in our sole discretion and without further notice to you, but are under no obligation, to monitor, censor, edit, remove, delete, and/or remove any and all Content posted on the Site (including Short Stories) at any time and for any reason.
Content that uploaded to the site through our online service is the sole property of the writer. The writer grant a permission to The Short Story Project to publish the work in the website.
Use of Content.
o Subject to these Terms and your payment of the Fees, Short Story Project hereby grants a worldwide, revocable, non-exclusive, royalty-free, non-transferrable, non-assignable, limited right, for the Subscription Period, to access and use Short Stories solely for internal and/or personal use in connection with the Short Story Service. Except as provided hereunder, you shall have no rights in or to the Short Stories.
o Content on the Site is provided to you for your information and personal use only. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed and/or made available to you through the Site, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or other proprietary rights not owned by you without the express prior written consent The Short Story project. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein
Copyright Policy. It is our policy to respect the legitimate rights of copyright and other intellectual property owners, and we will respond to clear notices of alleged copyright infringement in accordance with our copyright and content policy set forth below:
Removal of Content. It is the policy of Short Story Project to respect the legitimate rights of copyright owners, and we will respond to clear notices of alleged copyright infringement. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (the “DMCA”), Short Story Project has designated a Copyright Agent (as specified below) to receive notifications of claimed copyright infringement in connection with: (i) the Short Stories that we license in connection with the Short Story Service; and/or (ii) the websites that we operate, including the Site (collectively, the “Service”). Please be advised that we enforce a policy that provides for the termination in appropriate circumstances of Service users who are repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Copyright Agent with the following information in accordance with the DMCA:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
A description of the copyrighted work you claim has been infringed;
A description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it. Providing URLs in the body of an email is the best way to help us locate content quickly;
Your address, telephone number and email 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; and
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 authorized to act on the copyright owner’s
Counter-Notification. If you believe that the material you posted was removed from the Service by mistake, and that you have the right to post the material, you may elect to send us a counter-notification. To be effective the counter-notification must be a written communication provided to our Copyright Agent that includes substantially the following (please consult your legal counsel or see the Digital Millennium Copyright Act, 17 (the “Copyright Act”) Section 512(g)(3) to confirm these requirements):
Your physical or electronic signature;
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. Providing URLs in the body of an email is the best way to help us locate content quickly;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; an
Your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Short Story Project may be found, and that you will accept service of process from the person who provided notification of infringement or an agent of such
Misrepresentations. Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to
Copyright Agent. Short Story project’s agent for notice of claims of copyright infringement (“Copyright Agent”) can be reached as follows:
Name: Iftach Aloni
Address: Echad Ha’am 108, Tel-Aviv, Israel Email: Iftach@shortstoryproject.com
Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and
This section applies whether or not the services provided under the Site are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not
THE SITE AND ANY CONTENT THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. SHORT STORY PROJECT HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SHORT STORY PROJECT DOES NOT GUARANTEE
THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT SHORT STORY PROJECT WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY.
YOU SPECIFICALLY ACKNOWLEDGE THAT SHORT STORY PROJECT SHALL NOT BE RESPONSIBLE FOR THE CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY SITE USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH
YOUR RELIANCE ON, OR USE OF ANY CONTENT AVAILABLE ON THE SITE OR INTERACTION WITH ANY SITE USER OR OWNER, IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY SITE USER OR OWNER IN CONNECTION WITH THE SITE, YOU AGREE THAT SHORT STORY PROJECT IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. SHORT STORY PROJECT RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH
Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SHORT STORY PROJECT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF SHORT STORY PROJECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SHORT STORY PROJECT FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO SHORT STORY PROJECT FOR USING THE SITE DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM.
You agree to defend, indemnify and hold harmless Short Story Project and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the Site; (ii) your interaction with any Site user; or (iii) your violation of these Terms.
Limitation of Liability
Term. These Terms are effective until terminated by Short Story Project or
Termination. You acknowledge and agree that Short Story Project may at any time, for any reason, and without notice to you: (i) discontinue or modify any aspect of the Site, or any part thereof; (ii) terminate this Agreement, with or without cause; (iii) suspend or terminate your access to the Site and/or to your Account or Subscription with or without cause; and (iv) suspend or terminate your Subscription with or without cause, and Short Story Project shall not be liable to you or any third party for any of the foregoing. If you object to any term or condition of these Terms, or become dissatisfied with the Site in any way, your only recourse and sole remedy is to immediately cease using the
Consequences of Termination. Upon termination of these Terms, you shall cease all use of the Site. This Section
17.3 and Sections 9 (Intellectual Property Rights), 13 (Privacy), 14 (Warranty Disclaimers), 15 (Limitation of Liability), 16 (Indemnity), and 18 (Independent Contractors) to 20 (General) shall survive termination of these Terms.
Independent Contractors. You and Short Story Project are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Short Story
You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of Short Story Project.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Short Story Project without restriction or notification to you.
Short Story Project reserves the right to discontinue or modify any aspect of the Site at any time. These Terms and the relationship between you and Short Story Project shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv – Jaffa and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that Short Story Project may seek injunctive relief in any court of competent jurisdiction These Terms shall constitute the entire agreement between you and Short Story Project concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.