PLEASE READ THIS CONTENT LICENSE AGREEMENT CAREFULLY BEFORE PROVIDING YOUR STORY TO US. BY PROVIDING YOUR STORY TO US YOU AGREE TO BECOME BOUND BY THIS AGREEMENT AND THESE TERMS AND CONDITIONS WILL CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN US.
ACTIIVST, Inc. is a California corporation doing business as ACTIIVST and owns and operates www.actiivst.com (our “Site”) for the general public.
You own the rights to license your Story (as defined below) to us for the Site and the general public.
“Story” means your story in text, pictures, videos, or any other format that you create and share on our Site.
“Related Media” means other websites, applications, e-mail newsletters, or other means of content delivery used by us to communicate with the general public. This may include, but is not limited to, our presence on social media sites.
“Terms of Service” means those terms and conditions of access to and use of our Site by the general public. The current Terms of Service are posted on our Site and may be amended from time to time by us.
You grant us a license to reproduce, display, transmit, and distribute your Story on our Site and through Related Media worldwide, royalty-free. This license does not give us the exclusive right to share your Story. We do not have the right to transfer this license to someone else except where it is required to display your Story on Related Media. This license gives us the right to allow the general public to access and download your Story. This license gives us the right to create derivative works from, exhibit, advertise, market, and promote the availability of your Story and to identify you as a content provider on the Site and on Related Media. You acknowledge that your granting us this license does not obligate us to put your Story on the Site or on Related Media. You are not giving us any ownership right to your Story or other materials that you provide us.
Our Commitments to You
If you instruct us to delete your Story or make it inaccessible, we will comply with such instruction as promptly as reasonably possible. We will update your Story on our Site and Related Media promptly upon receipt from you. We will not alter, remove, or obstruct any copyright, trademark, or other notices or attribution included by you in your Story.
Your Commitments to Us
You agree that you will not include in your Story anything that is: unlawful; harmful; threatening; abusive; harassing; tortious; defamatory; vulgar; obscene; libelous; invasive of another’s privacy; hateful; racially, ethnically, or otherwise objectionable; or as determined by us (in our sole discretion) to be inappropriate for our Site. You agree that you will not include in your story anything that you do not have a right to use or that infringes on any intellectual property right or other proprietary rights of any person. You acknowledge that you reviewed the Terms of Service and agree that we are not responsible for the use of your Story by the general public.
Right to Terminate Agreement
Either you or we may terminate this Agreement at any time, for any reason or simply for convenience, without liability to the each other. You or we may terminate this Agreement by sending a written notice to the other. Upon the termination of this Agreement all licenses granted under this Agreement shall also terminate, and we shall immediately delete your Story from our Site. Even if this Agreement is terminated, you and we agree that the obligations and rights in the paragraphs under the headings Disclaimer and Limitations of Liability and Indemnification, and any other right or obligation in this Agreement that by their nature should survive, will survive any termination of this Agreement.
Disclaimer and Limitations of Liability
EXCEPT FOR THE EXPRESS WARRANTIES IN THIS AGREEMENT, EACH PARTY HEREBY DISCLAIMS ANY WARRANTY, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
NEITHER YOUR NOR ACTIIVST SHALL BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, LIQUIDATED, SPECIAL, OR EXEMPLARY DAMAGES OR PENALTIES, INCLUDING WITHOUT LIMITATION, LOSSES OF BUSINESS, REVENUE, OR ANTICIPATED PROFITS, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend, and hold us harmless against all losses arising out of or resulting from any claim, suit, action, or proceeding related to or arising out of a claim that your Story or our use of your Story in compliance with this Agreement, infringes upon an intellectual property right or violates any law.