Welcome to Stories located at https://www.stories.stream/ (the “Website”), a video on demand streaming service (the “Service”) provided by or on behalf of Stories.stream Inc. and its current and future affiliates (collectively: “Stories”, “us”, “we”, “our” or the “Company”). The Service offers streaming of digitized versions of movies, television programs and other video content of experimental, inspiring, and honest stories from around the world (the “Content”), on a rental basis, available to you from time to time on the Website or on a software application that you have downloaded to access the Content. “You” and “your” means, as applicable, you and every person who uses the Service through your account. Please read these terms of service (“Terms”) carefully before you use the Website. By using the Website and/or the Service, you agree to abide by these Terms. If you do not agree to comply with these Terms, then you may not use the Website or Service.
1. AVAILABILITY AND ACCESS
a) The Service is only accessible to users who have registered for the Service. Even if you have registered for the Service, you may not be able to view Content on the Service depending on the limitations of your Internet connection or the content filtering of your physical location.
b) Not all aspects of the Service, including, without limitation, certain Content viewing and access to high-quality video, will be available to you unless the applicable personal computer, digital set-top box, gaming device, tablet device, mobile device, or other digital device (each a “Digital Device”) you use to access the Service and your Internet connection satisfy the Service’s minimum technical requirements. We may change these requirements from time to time at our sole discretion. Unless we specify otherwise, you are solely responsible for updating or maintaining your Digital Device and Internet connection as necessary to meet these requirements. Since the Service is transmitted over the Internet, you may experience, from time to time, video and/or audio dropouts, re-buffering, or loss of connection. You are responsible for any data usage and charges you incur to access the Service through an Internet connection.
c) Number of Devices. You may only access the Service via one (1) Digital Device at any given time. The number of devices and the simultaneous streams may change from time to time at our discretion.
2. LICENSE AND ACCESS
The Company grants you a limited license to access and make personal use of the Website, but not to download (other than page caching) or modify it, or any portion of it. This license does not permit any resale or commercial use of the Website or its contents (including, without limitation, the Content); nor any collection and use of any product listings, descriptions, or prices; nor any derivative use of the Website or its contents; nor any downloading or copying of account information for the benefit of another merchant; nor any use of data mining, robots, or similar data gathering and extraction tools. The Website, including any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company. You may not use any meta-tags or any other so-called “hidden text” utilizing the Company’s name or trademarks. Any unauthorized use terminates the limited license granted herein.
If you download a Stories application that we power (each an “App”) that operates on a third-party platform (e.g. iOS, Android): (i) the Company grants you have a limited license to use such App for your personal, non-commercial use on Digital Devices permitted by the platform operator; (ii) as between the Company and the platform operator (but without creating any obligation by the Company), the Company shall be responsible for the App(s) and their content and providing any warranty, support, or indemnification with respect to such App(s) as required by law; and (iii) the platform operator shall have the right to enforce the terms of this clause with respect to your use of the App.
You must register an account to access any Content, even Content that is provided for free. During the registration process, you will be required to provide your first and last name, a valid e-mail address, verification of your age, and choose a password, and certain other information. You certify that any information that you provide during the registration process will be complete and accurate and that you will not register, nor attempt to use the Service, under the name of another person. You agree to promptly update any information as necessary to ensure that your account is kept complete and accurate. If you do not update information when necessary you may not be able to access the Service. You will be responsible for preserving the confidentiality of your account information, including, without limitation, your password, and will notify us immediately of any known or suspected unauthorized use of your account and agree to take reasonable steps to prevent any reoccurrence. If you have forgotten your password and we are otherwise unable to verify your identity, then we may take any action that we deem appropriate, including, without limitation, deleting your account. You may be held liable for any loss or damage incurred by the Company or any other user or visitor to the Website due to another party using your account or password.
4. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
In some cases the Company may permit you to submit information and other content, so long as the information or other content is not illegal, obscene, threatening, defamatory, in violation of privacy or publicity rights, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses or worms or any code of a destructive nature, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of information or other content. The Company reserves the right (but not the obligation) to remove or edit such content.
If you submit comments, communications, or other content, you grant the Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such information or other content throughout the world in any media. You grant the Company and sub-licensees the right to use the name that you submit in connection with such information or other content if they choose. You represent and warrant that you own or otherwise control all of the rights to the information or other content that you send or post; that the information or other content is accurate; that use of the information or other content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify the Company for all claims resulting from information or other content you supply. The Company takes no responsibility and assumes no liability for any information or other content posted by you or any third-party.
Notwithstanding the above, the Company does not accept unsolicited materials or ideas and is not responsible for the similarity of any of the Content or material in any media available on the Website to materials or ideas freely transmitted or otherwise communicated to the Website or Stories.stream Inc.
If you do not accept any modification to these Terms or changes to the Service, then your sole remedy is to terminate these Terms by no longer using the Website and the Service by terminating your account by following the steps outlined below and sending us written notice to that effect by e-mail to the Company at , or by mail to Stories.stream Inc., 422 Richards St #170, Vancouver, BC V6B 2Z4.
Subject to our right to make modifications, no other statements, written or verbal, will change these Terms.
You may not make any changes to these Terms.
6. PRIVACY AND ACCEPTABLE USE
Age of Majority. By agreeing to these Terms, you represent that you are the greater of at least 19 years old, or the age of majority in your home Province, State, or jurisdiction, or that you are the legal guardian agreeing to these Terms on behalf of a minor dependent to use the Website.
Unlawful Use. You may not use the Products for any illegal or unauthorized purpose, nor may you purchase any Content or use the Website or Service if doing so violates any laws in your local jurisdiction (including, without limitation, copyright laws).
7. COMMUNICATION PREFERENCES
By using the Service, you consent to receiving electronic communications from us relating to your account. These communications may involve sending e-mails to your e-mail address provided during registration, or posting communications on the Service, or directly on your account page and will include notices about your account (e.g. payment authorizations, changes to your password, confirmation emails and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you will satisfy any legal communication requirements, including that such communications be in writing.
8. PAYMENT TERMS
All prices listed on the Website are calculated in the currency common to your local region, and do not include applicable taxes. Taxes will be applied at the time of payment. You may purchase online tickets via the Service to view Content for a specified period of time. Making a purchase requires you to have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, the “Payment Method”) at the time of purchase to access specific Content. For certain Payment Methods, the issuer of your Payment Method may charge you other charges. Check with your Payment Method service provider for details.
Purchase Information. The Payment Method you use will dictate the personal information you are required to submit. We do not collect any payment information directly, and you will be bound by the terms of the relevant third-party payment processor (see “Third Party Software,” below). The only information we will retain is the date of any purchase, and the valid time period for any respective purchase.
Price Changes. We reserve the right to adjust pricing for the Service or any components thereof in any manner and at any time as we may determine in our sole discretion. Except as otherwise expressly provided for in these Terms, any price changes to your service will take effect following e-mail notice of such price changes to you.
No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation of your account, however, you will continue to have access to the Content for which you purchased a ticket until its expiration period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“Credits”). The amount and form of such Credits, and the decision to provide them, is at our sole discretion. The provision of Credit in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide Credits in the future, under any circumstance.
9. RESPONSIBILITY FOR MINORS
You must be the greater of: (a) 19 years or older; or, (b) of the age of majority in the Canadian province or territory in which you reside in order to access the Service. In cases where you have authorized a minor to use the Service you recognize that you are fully responsible for: (a) the online conduct of such minor; (b) controlling the minor’s access to and use of the Service; and (c) the consequences of any use or misuse of the Service by the minor. You acknowledge that Content displayed or accessed through the Service may contain mature content that may be inappropriate for minors.
10. MATURE CONTENT
Content displayed or accessed by, through or in the Service may contain mature content, which may not be appropriate for all users. Where possible, Content is rated according to guidelines established by the appropriate governing authority. However, some Content may not be rated and may contain violence, sexual content, or mature for users who are the age of majority in the themes. Adult and mature Content is only intended for viewers over the age of 19 or the age of majority in the province or territory in which they reside, or users who have received consent from a parent or guardian.
You acknowledge and agree that your account may have access to adult or mature content and/or content that may depict nudity, sexual activity, violence, adult language, or is otherwise graphic or objectionable in nature. You agree that access to and use of the Service and the Content is at your sole risk, and that we have no liability to you or anyone who uses the Service for the type of Content accessed.
11. CONTENT SUPPLIERS
You acknowledge and agree that our Content suppliers are third-party beneficiaries of these Terms. This means that, upon your acceptance of these Terms, such suppliers will have the right (and will be deemed to have accepted the right) to enforce these Terms directly against you.
12. THIRD-PARTY SOFTWARE
There are software programs and technology contained within, or available through, the Service, that have been licensed to us by third-parties (collectively “Third-Party Software”), including, without limitation, payment processors. Any Third-Party Software is subject to the proprietary rights of its respective owner. You acknowledge and agree that the owners of Third-Party Software will not be held liable for the removal or other unavailability of such Third-Party Software in the Service. In addition, the same terms and conditions, including all limitations and restrictions, set forth in these Terms apply to the Third-Party Software contained in the Service. The Company does not assume any responsibility or liability for your use of such Third-Party Software.
13. THIRD-PARTY SOFTWARE
All Content included on the Website, including, but not limited to, video clips, video streams, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and protected by Canadian and international copyright laws. The compilation of all content on the Website is also the exclusive property of the Company or its content suppliers and protected by Canadian and international copyright laws. All software used on this site is the property of the Company or its software suppliers and protected by Canadian and international copyright laws.
Except as expressly provided, nothing in these Terms or within the Service, including any Content, will be construed as conferring any license or other right or entitlement under any intellectual property right, whether by estoppel, implication, waiver or otherwise.
15. COPYRIGHT AND OTHER LEGAL RIGHTS COMPLAINTS
The Company respects the intellectual property and legal rights of others. If you believe that intellectual property or other legal rights have been violated, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the rightsholder; (ii) a description of the alleged rights violation; (iii) a description of where the alleged violating material is located on the Website; (iv) your address, telephone number, and e-mail address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the rightsholder, or the law; (vi) a statement by you that the above information in your notice is accurate and that you are the actual rightsholder or authorized to act on the copyright owner’s behalf. Contact information for notice of claims of rights violation is Stories.stream Inc., 422 Richards St #170, Vancouver, BC V6B 2Z4 or by e-mail at [email protected] We will process your complaint pursuant to the Copyright Act of Canada.
16. CONTENT USAGE RESTRICTIONS
The Service and the Content are for your personal, non-commercial use, entertainment, and enjoyment. You may not reproduce, duplicate, copy, download, translate, broadcast, publicly display, sell, transmit, retransmit, license, sub-license, publish or modify any of the Service or the Content without the prior written consent of the owner. You acknowledge that any use of the Service by you must be in accordance with these Terms. Failure to adhere to this policy may result in the termination of your account and your ability to access the Service or its Content, and/or legal action.
You are welcome to link to the homepage of the Website only if: (a) the link does not state or imply any affiliation, connection, sponsorship, endorsement, commercial tie-in, or approval of your site by us or anyone having rights to any Content on the Service, or create the false impression that an entity is sponsored by or associated with us; and (b) the appearance, position and other aspects of the link does not damage the goodwill associated with us, our trademarks or any other trademarks appearing on the Website. Notwithstanding the foregoing, linking with any video player, or within the Content itself, is strictly prohibited.
We may provide links to the sites of affiliated companies and/or certain other businesses or websites. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. The Company does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Stories.stream Inc., the Website and related names, logos, images, page headers, button icons, scripts, and service names, as well as some of the characters, logos or other images incorporated by us into the Service and/or the Content are protected by registered or unregistered trademarks or trade names owned by or licensed to the Company (collectively, the “Trademarks”). The Trademarks and all other trademarks included in or accessible through the Service or Content are the property of their respective owners and use of them is not authorized in any manner other than as required for you to use the Service and view the Content in accordance with these Terms.
For software that you have downloaded from us related to the use of the Service:
License. The Company grants to you a limited, non-exclusive, non-transferrable, no-fee, revocable license to install and use one copy of the executable code of the software on each Digital Device that is connected to the Service. All other rights are reserved to the Company, its licensors and/or suppliers.
Restrictions. You acknowledge and agree that you have been granted a license and not a transfer of ownership in the software.
You may not:
Rent, lease, sell, sublicense, assign, distribute or otherwise transfer any portion of the software or use it for any purpose other than in association with the Service; Reverse engineer, decompile or disassemble any portion of the software, except and only to the extent that this limitation is expressly allowed by applicable law;
Copy, modify, alter, or tamper with the software (including without limitation removal of any copyright or other proprietary notices from the software) or create any derivative works of the software; or
Attempt to defeat, avoid, by-pass, remove, deactivate, or otherwise circumvent any software protection mechanisms.
Data Maintenance, Support and Software Updates/Changes (if applicable). The Company may elect to provide you with customer support and/or software upgrades, enhancements, or modifications (collectively “Support”), in its sole discretion, and may terminate this Support at any time without notice to you. The Company may, without notice or liability, collect non-personal information regarding your Digital Device(s), hardware, and software during the installation and/or use of the software.
20. SUSPENSION AND CANCELLATION
The Company may, at any time, without notice to you, restrict, block suspend or cancel any or all of your use of the Website, the Service, or your account if you fail to comply in full with any of these Terms or any other terms, agreements or policies that apply to the Website, the Service, and your use thereof. Any cancellation by us will not relieve you of any obligation to pay fees accrued to your account prior to cancellation.
You agree to defend, indemnify, and hold harmless the Company from and against all claims, liability, losses, actions, proceeding, suits, damages, settlements, penalties, fines, costs and expenses, including all reasonable legal fees and other litigation expenses, arising out of: (a) your breach of any provision of these Terms; (b) your use or misuse of the Website or the Content; (c) your use of or inability to use any Third-Party Software; or (d) any violation, alleged violation or misappropriation of any intellectual property right or non-proprietary right of a third-party. The Company may, in its sole discretion and at its own expense, assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim. Your indemnification shall survive any termination of your right to use the Website and the Service.
22. NO WARRANTIES
The Website, the Service, and all Content, material, information, or postings found on or accessed through the Website are provided on an “as is” basis. To the maximum extent permitted by applicable law, the Company expressly disclaims any and all representations, warranties and conditions, express or implied, including without limitation, any and all representation and warranties of title and non-infringement, and all implied warranties and conditions or merchantable quality, fitness for any particular purposes, suitability for any particular purpose and any representations, warranties or conditions arising from any course of dealing or usage of trade, for the Website, the Service or the Content contained in or accessed through the Website. The Company makes no representations or warranties as to the performance, availability, accuracy, timeliness, reliability, secure operation, truthfulness or completeness of the Website, the Service or the Content contained in or accessed through the Website, including without limitation, the contents, transmission or delivery of any Content, information, material or posting found on the Website, any services provided through the Website (including the Service), or any links to other websites made available on the Website or the content contained on such site(s) or, for Third-Party Software, the operation of the Third-Party Software or any feature of the Third-Party Software. The Company further makes no representations or warranties that the Website or access to and use of the Website will be continuous, accurate, uninterrupted, error-free or free from defects, viruses or other harmful codes or components.
You expressly agree that your use of the Website and the Service are at your sole risk. Information provided on the Website may contain references to products and services offered by authorized distributors that are not available in your local area, and the Company makes no representations or warranties as to the availability of such products and services in your local area, and such references do not imply that those authorized distributors intend to provide such products or service in your local area.
23. FURTHER LIMITATIONS OF LIABILITY
SUBJECT TO ANY APPLICABLE LOCAL LAWS, IF ANY, UNDER NO CIRCUMSTANCE, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION AND FUNDAMENTAL BREACH, SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD-PARTY FOR: ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, ECONOMIC OR PUNITIVE DAMAGES OR ANY LOSS THAT RESULTS FROM THE SUPPORT FOR ANY THIRD-PARTY SOFTWARE, THE USE OF, OR THE INABILITY TO USE, A SITE, THE SERVICE OR ANY CONTENT, INFORMATION, MATERIAL OR POSTINGS ON A SITE, DIRECTLY OR INDIRECTLY, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION OVER THE INTERNET. THESE LIMITATIONS APPLY WHETHER OR NOT THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU; AND ANY LOSSES, CLAIMS, DAMAGES, EXPENSES, LIABILITY OR COSTS RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD-PARTY. THESE LIMITS APPLY TO ANY ACT OR OMISSION OF THE COMPANY, WHETHER OR NOT THE ACTS OR OMISSIONS WOULD OTHERWISE GIVE RISE TO CLAIMS OR CAUSES OF ACTION IN CONTRACT, TORT, PURSUANT TO STATUTE OR PURSUANT TO ANY OTHER DOCTRINE OF LAW.
24. FORCE MAJEURE
The Company will not be liable for any delay or failure caused by (a) acts of God/natural disasters (including hurricanes and earthquakes); (b) disease, epidemic, or pandemic; (c) terrorist attack, civil war, civil commotion or riots, armed conflict, sanctions or embargoes; (d) nuclear, chemical, or biological contamination; (e) collapse of buildings, fire, explosion, or accident; (f) labor or trade strikes; (g) interruption, loss, or malfunction of a utility, transportation, or telecommunications service; (h) any order by a government or public authority, including a quarantine, travel restriction, or other prohibition; or (i) any other circumstance not within the Company’s reasonable control, whether or not foreseeable (each a “Force Majeure Event”). In the event of a Force Majeure Event, the Company shall be relieved from full performance of the contractual obligation until the event passes or no longer prevents performance.
All disputes or questions touching on these Terms or as to any act, deed or omission or the rights, duties, or liabilities of any of the parties under these Terms will be referred to arbitration before a single arbitrator in accordance with and subject to the provisions of the Arbitration Act of British Columbia and amendments or replacements thereto. The place of arbitration shall be the City of Vancouver, Province of British Columbia.
All disputes or questions touching on these Terms or the construction or application thereof, or any clause or thing herein contained, or any account to be determined or made in connection with these Terms or as to any act, deed or omission or the rights, duties, or liabilities of any of the parties under these Terms will be referred to arbitration before a single arbitrator, administered by the British Columbia International Commercial Arbitration Centre pursuant to its rules. The place of arbitration shall be the City of Vancouver, Province of British Columbia.
Governing Law. These Terms shall in all respects be governed and construed in accordance with the laws of the Province of British Columbia, Canada applicable to contracts entered into and fully performed therein, and the applicable sections of the Copyright Act and any other applicable copyright law. Subject to the arbitration clause immediately preceding this paragraph, only the British Columbia courts (Provincial and Federal) shall have jurisdiction over controversies regarding this Agreement and the parties consent to the same. Any proceeding involving such a controversy shall be brought in those courts, in the City of Vancouver.
Relationship. Nothing in these Terms shall be interpreted as appointing their party as the agent, partner, or joint venturer of the other.
No Waiver. Either party’s failure to insist upon or enforce strict performance of any provision of these Terms does not mean that party has waived any provision or right in these Terms. No waiver by either the Company or you of any breach or default under these Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.
Severability. If any provision of these Terms is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, that determination shall not affect the remaining provisions. If any provision of these Terms is unenforceable, the unenforceable provision shall be construed in accordance with applicable law as nearly as possible to give effect to the Company’s original intentions and the remainder of the provisions shall remain in full force and effect.
Assignment. You may not assign or transfer these Terms. We may assign or transfer these Terms or any of our rights or obligations under these Terms without your consent.
Remedy. If you are dissatisfied with the Website or with these Terms, then your sole remedy is to stop using the Website and/or Service.
Notice. Any notice of a claim or other legal correspondence must be sent to: Stories.stream Inc., 422 Richards St #170, Vancouver, BC V6B 2Z4 and/or by e-mail to: [email protected] Any notice will be deemed to have been given on the date on which it was received by the Company’s legal representatives