Terms of Service
We (the folks at Livingstory) run a service called Livingstory.com that will enable you to create, share and store a lifetime of memories; and we would love for you to use it.
Here are a few privacy promises:
1. Livingstory will never sell your data. We will use your data to add value to your experience on our site.
2. Livingstory will never delete your data unless you ask us to. And if you do ask us to delete it, we will permanently delete it.
3. If you decide you want your stuff back, we will send you a physical copy on whatever preferred latest storage device is. (CD, hard drive, etc.) Yes, we will charge for the cost of that device but not for your memories.
4. Livingstory will make sure your stuff is accessible to only those you choose, even if something ever happens to you.
5. If something ever happens to you, Livingstory will make sure your wishes about what happens with your stuff is carried out correctly.
6. We’ll always listen to you, our customer, if you have ideas to help us safeguard your stuff better.
We’ve spent a lot of time thinking about the best way to keep your memories safe and private.
Here is the easy to understand privacy and safety policy:
When we choose how to implement a new service or policy, our Founder and all the folks at Livingstory will ask themselves, “How would we want our stuff treated?” And then we’ll make sure that is how we treat your stuff.
Storing all that “stuff” is expensive and we do need to make money to support everything we do here; and, even we like to take time with our families. So how do we make money? Our basic service is free and we offer paid upgrades for advanced premium features, as our intention is to preserve your memories forever and the revenue generated from the site will support such efforts.
And how do we keep your data safe?
Just like you, we love our photos and memories, so we built Livingstory specifically to help you share your memories and keep them safe. We take pride in this core principle: we keep your memories safe forever. That’s a pretty big promise, and one that we take quite seriously. When you store your memories with Livingstory, you have nothing to worry about.
A few final things
Our service is designed to give you as much control and ownership over what goes on your personal account as possible, allowing you to express yourself freely. However, be responsible in what you upload to your profile. Your account must be opened under your legal name and you should never impersonate another individual. We do allow you to create a timeline for relatives that may not be able to do so themselves, either because they are no longer living or they are unable to take part in Livingstory themselves. When such a person’s record is created, it must be done from within your own personal account as a narrator. Details are included within the system on how to accomplish this. Pornography, copyrighted material and anything else that would be deemed a misuse of the site will result in your being banned from the site at our discretion or the removal of specific pieces of content. We will do our best to maintain a secure site and will always treat your content with the same care we would treat our own valuable memories. The rights you grant us to your uploaded material are strictly used for your benefit in storing, retrieving and delivering your content. Only one other person will ever have access to your memories and timeline, and that will happen upon your death, when the Alternate Administrator that you previously assigned finalizes your account. Rest assured, they will have specific, limited right to your timeline and will not be able to change or delete your memories. You can refer to the FAQ within the site for more specific details. Please enjoy using Livingstory as a way to connect in a more meaningful way now and in the future.
Personal Use: Commercial use of LivingStory is strictly prohibited unless a “commercial” subscription is purchased. Commercial use is typically when the owner of the account posts media for their business or for profit. For example if you are professional photographer, you cannot use LivingStory to host your client’s photos. The content must be for your own personal or familly use. LivingStory has the right to cancel accounts suspected of being commercial after warning is given to the user.
Free Users: Free users are allowed to test the site and utilize its services. Livingstory has the right to remove free subscribers that are not accessing the site or have created illegitimate accounts. In all cases, LivingStory will email the account holder to notify the suspected computer generated or fraudulent account.
And because all lawyers want to have “more technical” Terms of Service here is all the legalese:
LEGAL TERMS OF SERVICE:
The following terms and conditions govern all use of the Livingstory website and all content, services and products available at or through the website. The Website is owned and operated by Livingstory,LLC. (“Livingstory”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Livingstory’s Privacy Policy) and procedures that may be published from time to time on this Site by Livingstory (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these terms and conditions are considered an offer by Livingstory, acceptance is expressly limited to these terms.
"UNLIMITED" USAGE POLICIES AND DEFINITIONS
What "Unlimited" means. Livingstory does not set an arbitrary limit or cap on the amount of resources a single Paid Subscriber can use. In good faith and subject to these Terms, Livingstory makes every commercially reasonable effort to provide its Paid Subscribers with all the storage and bandwidth resources needed to power their web sites successfully, as long as the Subscriber's use of the service complies with these Terms. By not setting limits on key resources, we are able to provide simple, consistent pricing to our Subscribers as they grow their websites. As a result, a typical website may experience periods of great popularity and resulting increased storage without experiencing any associated increase in hosting charges.
What "Unlimited" DOES NOT mean. Livingstory employs complex mechanisms to protect its Subscribers and systems from abuse. Livingstory's offering of "unlimited" services is not intended to allow the actions of a single or few Subscribers to unfairly or adversely impact the experience of other Subscribers.
Livingstory's service is a shared service, which means that multiple Subscriber web sites are from the same server and share server resources. Livingstory's service is designed to meet the typical needs of personal website Subscribers in the United States. It is NOT intended to support the sustained demand of enterprises, internationally based businesses, or non-typical applications better suited to a dedicated server.
Livingstory will make every commercially reasonable effort to provide additional resources to Subscribers who are using their website(s) consistent with these Terms, including moving Subscribers to newer and bigger shared servers as necessary. However, in order to ensure a consistent and quality experience for all Subscribers, Livingstory does place automated safeguards to protect against any one site growing too quickly and adversely impacting the system until Livingstory can evaluate said sites resource needs.
Unlimited Space; Livingstory does not set arbitrary limits on the amount of disk space a Subscriber can use for the Subscriber's website, nor does Livingstory charge additional fees based on an increased amount of storage used, provided the Subscriber's use of storage complies with these Terms. Please note, however, that the Livingstory service is designed to host noncommercial media. Livingstory does NOT provide unlimited space for compressed files, etc., and any such prohibited use of the Services will result in the termination of Subscriber's account, with or without notice.
Unlimited File Transfer. Livingstory does not set arbitrary limits on the amount of visitor traffic a web site can receive or on the amount of content a Subscriber can upload to his/her/its account in a given month, nor does Livingstory charge additional fees based on increased use of bandwidth, as long as the Subscriber's use of the Services complies with these Terms. In most cases, a Subscriber's web site will be able to support as much traffic as the Subscriber can legitimately acquire. However, Livingstory reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other Subscribers.
1. Your Livingstory Account and Site
If you create an account on the website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Livingstory of any unauthorized uses of your account or any other breaches of security. Livingstory will not be liable for any of your acts or omissions, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors
If you post material to the website, post links on the website, or otherwise make (or allow any third party to make) material available by means of the website (any such material, “content”), you are entirely responsible for the content of, and any harm resulting from, that content. That is the case regardless of whether the Content in question constitutes text, graphics and audio file. By making content available, you represent and warrant that:
• The downloading, copying and use of the content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party
• The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing)
• The Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party
• Your account is not named in a manner that misleads your readers into thinking that you are another person. For example, your account name is not the name of a person other than yourself or company other than your own
By submitting content to Livingstory for inclusion on your account, you grant Livingstory a world-wide, royalty-free and non-exclusive license to reproduce, modify, adapt and publish the content solely for the purpose of displaying, distributing and promoting your account. If you delete content, Livingstory will use reasonable efforts to remove it from display on the website, but you acknowledge that caching or references to the content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Livingstory has the right (though not the obligation) to, in Livingstory’s sole discretion (i) refuse or remove any content that, in Livingstory’s reasonable opinion, violates any Livingstory policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the website to any individual or entity for any reason, in Livingstory’s sole discretion. Livingstory will have no obligation to provide a refund of any amounts previously paid.
3. Payment and Refund
General Terms – Optional services are available on the website (any such services, an “upgrade”). By choosing any permanent storage package, you agree to pay Livingstory the setup fee. These setup fees are non-refundable.
Deposit Withdrawal –
LivingStory will return deposits upon request to the individual who opened the account unless otherwise specified. Deposits cannot be withdrawn within the first 3 months of service. LivingStory has 60 days to issue refund checks to the issuing party or designated party.
4. Responsibility of Website Visitors
Livingstory has not reviewed, and cannot review, all of the material posted to the website, and cannot therefore be responsible for that material’s content, use or effects. By operating the website, Livingstory does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. The website may contain content that is offensive, indecent or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes and other errors. The website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Livingstory disclaims any responsibility for any harm resulting from use by visitors of the website.
5. Copyright Infringement and DMCA Policy
As Livingstory asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Livingstory.com violates your copyright, you are encouraged to notify Livingstory in accordance with Livingstory’s Digital Millennium Copyright Act (“DMCA”) Policy. Livingstory will respond to all such notices by removing the infringing material or disabling all links to the infringing material. Livingstory will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Livingstory or others. In the case of such termination, Livingstory will have no obligation to provide a refund of any amounts previously paid to Livingstory by the terminated user or other contributors.
6. Intellectual Property
This Agreement does not transfer to you any Livingstory or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Livingstory. Livingstory, Livingstory.com, the Livingstory.com logo, and all other trademarks, service marks, graphics and logos used in connection with Livingstory.com or the website are trademarks or registered trademarks of Livingstory or Livingstory’s licensors. Other trademarks, service marks, graphics and logos used in connection with the website may be the trademarks of other third parties. Your use of the website grants you no right or license to reproduce or otherwise use any Livingstory or third party trademarks.
7. Advertisements
Livingstory reserves the right to display advertisements on the website and your account but will in no case sell your personal data to outside parties.
8. Changes
Livingstory reserves the right, at its sole discretion, to modify or replace any part of this agreement. It is your responsibility to check this agreement periodically for changes. Your continued use of or access to the website following the posting of any changes to this agreement constitutes acceptance of those changes. Livingstory may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this agreement.
9. Termination
Livingstory may terminate your access to all or any part of the website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this agreement or your account, you may simply discontinue using the website. All provisions of this agreement (which by their nature should survive termination) shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
10. Disclaimer of Warranties
The website is provided “as is”. Livingstory and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Livingstory, nor its suppliers and licensors, makes any warranty that the website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the website at your own discretion and risk.
11. Limitation of Liability
In no event will Livingstory, its suppliers or licensors be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Livingstory under this agreement.. Livingstory shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
12. General Representation and Warranty
You represent and warrant that (i) your use of the site will be in strict accordance with the Livingstory Privacy Policy, with this agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the website will not infringe or misappropriate the intellectual property rights of any third party.
13. Indemnification
You agree to indemnify and hold harmless Livingstory, its contractors, licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the website, including but not limited to your violation of this agreement.
14. Miscellaneous
This agreement constitutes the entire agreement between Livingstory and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Livingstory, or by the posting by Livingstory of a revised version. Except to the extent applicable law, if any, provides otherwise, this agreement, any access to or use of the Website will be governed by the laws of the state of Delaware, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Delaware. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Delaware USA, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this agreement shall be entitled to costs and attorneys’ fees. If any part of this agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Livingstory may assign its rights under this agreement without condition. This agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
