By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. The following terms and conditions govern all use of the storydawning.com website and all content and services available at or through the website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree with any of these terms, you are prohibited from using or accessing this site or any of it’s services. The site and its original content, features, and functionality are owned by Story Dawning. The materials contained in this web site are protected by applicable copyright and trade mark law. The website is available only to individuals who are at least 13 years old.
2. Use License
- Permission is granted to temporarily download one copy of the materials (information or software) on Story Dawning’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Story Dawning’s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Story Dawning at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on Story Dawning’s web site are provided “as is”. Story Dawning makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Neither Story Dawning nor its suppliers and licensors, make any warranty or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site. Neither Story Dawning nor its suppliers and licensors, makes any warranty that the Website and its products 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.
4. Limitations of Liability
In no event shall Story Dawning or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Story Dawning’s Internet site, even if Story Dawning or a Story Dawning authorized representative has been notified orally or in writing of the possibility of such damage.
In no event will Story Dawning, or 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 for 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 Story Dawning under this agreement during the twelve (12) month period prior to the cause of action. Story Dawning 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.
5. Revisions and Errata
The materials appearing on Story Dawning’s web site could include technical, typographical, or photographic errors. Story Dawning does not warrant that any of the materials on its web site are accurate, complete, or current. Story Dawning reserves the right, at its sole discretion, to make changes to the materials contained on its web site at any time without notice. Story Dawning does not, however, make any commitment to update the materials.
Story Dawning has not reviewed, and cannot review, all of the material, including software, made available through the sites and web pages linked to Story Dawning. Story Dawning does not have any control over any such linked websites and webpages, and is not responsible for their contents or their use. The inclusion of any link does not represent nor imply endorsement by Story Dawning of the site. Use of any such linked web site is at the user’s own risk. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Story Dawning disclaims any responsibility for any harm resulting from your use of those websites and webpages.
7. Responsibility of Contributors
If you comment on a blog, 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, an audio file, or computer software. 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;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- 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 blog or website is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, and similar unsolicited promotional methods;
- your blog or website is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Story Dawning or otherwise.
By submitting Content to Story Dawning for inclusion on our Website, you grant Story Dawning 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 blog.
Without limiting any of those representations or warranties, Story Dawning has the right (though not the obligation) to, in Story Dawning’s sole discretion (i) refuse or remove any content that, in Story Dawning’s reasonable opinion, violates any Story Dawning 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 Story Dawning’s sole discretion.
8. General Representation and Warranty
You agree to indemnify and hold harmless Story Dawning, its contractors, and its 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.
Story Dawning 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, 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.
12. Governing Law
Any claim relating to Story Dawning’s web site shall be governed by the laws of the United States of America and the laws of the State of IL without regard to its conflict of law provisions.
This Agreement constitutes the entire agreement between Story Dawning and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Story Dawning, or by the posting by Story Dawning of a revised version.