Terms

Thank you for using VideoStitch (“VideoStitch”), an on-line non-downloadable software tool created and owned by Storymix Media, Inc. (“Storymix”), a corporation organized under the laws of the state of Delaware, United States of America, that enables users of that tool to upload images and videos, merge those images and videos with images and videos created by other users and, by doing so, to create a finished edited video product.

Storymix reserves the right to change these Terms of Service and the content on this website or mobile application, whichever is applicable, at any time at its sole discretion. Your continued use of this site or mobile application following such modifications will be conclusively deemed to be acceptance of any changes to these Terms. These changes, if they occur, will be posted on this site or mobile application.

The terms for VideoStitch and VideoStitch Pro (found below) are different and you are agreeing to one or the other depending on which type of album you are joining.

VideoStitch Terms

THE VideoStitch SOFTWARE TOOL IS INTENDED ONLY FOR PERSONAL USE. IT MAY NOT BE USED FOR COMMERCIAL OR REVENUE-GENERATING ACTIVITIES OR BY NOT-FOR-PROFIT ORGANIZATIONS, INCLUDING BUT NOT LIMITED TO SCHOOLS, CHURCHES, RELIGIOUS OR SOCIAL ORGANIZATIONS, CHARITABLE ORGANIZATIONS OR SPORTS GROUPS. BUSINESSES, SCHOOLS, CHURCHES, RELIGIOUS OR SOCIAL ORGANIZATIONS, CHARITABLE ORGANIZATIONS, SPORTS GROUPS OR OTHER COMMERCIAL OR NOT-FOR-PROFIT ENTITIES MAY USE OUR VideoStitch Pro PRODUCT WHICH IS OUR PRODUCT INTENDED FOR COMMERCIAL USE.

1. Grant of Right. The information, tools, products and services offered on this site or mobile application are subject to the following Terms of Service. By accessing or using this website or mobile application or the VideoStitch tool you agree to these Terms of Service. You may also be subject to terms and conditions in addition to these Terms of Service which are posted on other pages of this site or elsewhere in the mobile application or in the VideoStitch tool. As long as you use this site or application or the VideoStitch tool in accordance with these Terms of Service, Storymix grants you a non-exclusive, nontransferable, limited right to enter, display and use this site or the mobile application or the VideoStitch tool and to temporarily download this site or the mobile application solely for the purposes of temporarily viewing and accessing it, including printing its contents through the use of a browser, solely for your personal, noncommercial use. While you may print and download materials and information, including images and videos, from this site or mobile application solely for your personal and noncommercial use, any copies made thereof must contain all copyright and other applicable notices contained in such materials and information. Notwithstanding the foregoing and except as otherwise expressly permitted herein, you may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, mirror, frame, or otherwise use any information or material obtained from or through this site or mobile application. As a further condition of use of this site or mobile application, you warrant to Storymix that you will not use this site or mobile application or the VideoStitch tool for any purpose that is unlawful or prohibited by these Terms of Service.

2. Non-Commercial Use. EXCEPT AS SET FORTH IN SECTION #6 BELOW, THE VideoStitch SOFTWARE TOOL MAY NOT BE USED FOR COMMERCIAL OR REVENUE-GENERATING ACTIVITIES OR BY NOT-FOR-PROFIT ORGANIZATIONS, INCLUDING BUT NOT LIMITED TO SCHOOLS, CHURCHES, RELIGIOUS OR SOCIAL ORGANIZATIONS, CHARITABLE ORGANIZATIONS OR SPORTS GROUPS. IT IS INTENDED ONLY FOR PERSONAL USE. BUSINESSES, SCHOOLS, CHURCHES, RELIGIOUS OR SOCIAL ORGANIZAITIONS, CHARITABLE ORGANIZATIONS, SPORTS GROUPS OR OTHER COMMERCIAL OR NOT-FOR-PROFIT ENTITIES MAY USE OUR VideoStitch PRO PRODUCT.

3. Copyright Status of Content. VideoStitch IS A TOOL THROUGH WHICH INDIVIDUALS MAY UPLOAD VIDEOS AND IMAGES, MERGE THOSE IMAGES AND VIDEOS WITH VIDEOS AND IMAGES UPLOADED BY OTHER INDIVIDUUALS AND MODIFY BOTH THEIR OWN UPLOADED CONTRIBUTIONS AND THOSE UPLOADED BY OTHERS TO CREATE A FINISHED EDITED VIDEO PRODUCT.THEREFORE, EACH AND EVERY USER OF VideoStitch WHO CONTRIBUTES OR UPLOADS CONTENT USING THAT TOOL IS A JOINT AUTHOR FOR COPYRIGHT PURPOSES OF ANY CONTENT INCORPORATING THEIR INDIVIDUALLY UPLOADED OR CONTRIBUTED CONTENT, CONTENT INDIVIDUALLY UPLOADED OR CONTRIBUTED BY THIRD-PARTIES AND ANY FINAL MERGED WORK INCORPORATING EACH CONTRIBUTOR’S CONTENT AND SAID CONTRIBUTIONS AND FINAL MERGED CONTENT SHALL CONSTITUTE FOR PURPOSES OF COPYRIGHT LAW A “JOINT WORK.” AS A JOINT WORK, EACH CONTRIBUTOR AUTOMATICALLY ACQUIRES AN UNDIVIDED OWNERSHIP IN THE ENTIRE WORK, INCLUDING EACH AND EVERY CONTRIBUTION CONTAINED THEREIN AND THAT OWNERSHIP RIGHT DOES NOT DEPEND ON THE QUANTITY OR QUALITY OF CONTENT CONTRIBUTED BY EACH CONTRIBUTOR. EACH CONTRIBUTOR AS A JOINT AUTHOR THEREFORE HAS THE RIGHT TO MAKE COPIES OF THE JOINT WORK, TO DISTRIBUTE COPIES OF THE JOINT WORK, TO MAKE DERIVATIVE WORKS BASED ON THE JOINT WORK AND TO DISPLAY THE JOINT WORK, INCLUDING CONTENT CONTRIBUTED BY THEM, CONTENT CONTRIBUTED BY THIRD PARTIES AND ANY MERGED CONTENT. THESE RIGHTS SHALL BE LIMITED TO PERSONAL AND NON-COMMERCIAL USE ONLY AND UNDER NO CIRCUMSTANCES SHALL BE USED IN CONNECTION WITH COMMERCIAL OR REVENUE GENERATING ACTIVITIES OF ANY KIND.

4. Intellectual Property Rights. All material contained on this site or mobile application, unless otherwise indicated herein, including the VideoStitch tool and any incorporated source code or object code is protected by law including, but not limited to, United States copyright and trademark law, and is owned by Storymix. Except as expressly provided herein, Storymix does not grant any express or implied rights to you. The contents of this site or mobile application, the VideoStitch tool and any incorporated source code and object code are the subject of copyright, the author of which is Storymix, except where otherwise noted. Storymix also owns a copyright in this site or mobile application as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of this site or application’s content. All trade names, trademarks and service marks found on this site or mobile application are owned by Storymix or third parties, where noted. No other use of those trade names, trademarks and service marks is permitted without their respective owners’ written permission, including use in any manner that is likely to imply that Storymix sponsors, endorses, or is otherwise connected with activities, products or services which it does not sponsor, endorse or is connected with.

5. Acceptable Site Use. Users are prohibited from violating or attempting to violate the security of this site or mobile application, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this site or mobile application, overloading, "flooding", "spamming", "mailbombing" or "crashing" this site or mobile application, (d) sending unauthorized promotions and/or advertising of products or services to this site or mobile application, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Users are prohibited from using any device, software or routine to interfere or attempt to interfere with the proper working of this site or mobile application or any activity being conducted on this site. Users are prohibited from using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this site or mobile application other than generally available third party web browsers (e.g., Firefox, Microsoft Internet Explorer, Google Chrome, Bing, Safari) or pre-installed mobile-device browsers. Storymix does not endorse any content submitted hereon by any user or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with said content.

IN ADDITION, BY ACCESSING THIS SITE OR MOBILE APPLICATION, OR BY UTILIZING THE VIDEOSTITCH TOOL YOU AGREE NOT TO POST, TRANSMIT, OR DOWNLOAD ANY UNLAWFUL, THREATENING, LIBELOUS, DEFAMATORY, OBSCENE, PORNOGRAPHIC OR SIMILAR MATERIAL OR TO USE THIS SITE OR MOBILE APPLICATION OR THE VIDEOSTITCH TOOL TO HARASS OR DISPARAGE STORYMIX, ANY ADVERTISERS THEREON, OR ANY OTHER THIRD-PARTY SUPPLIERS OF CONTENT TO THIS SITE OR THE MOBILE APPLICATION, OR ANY JOINT WORKS CREATED UTILIZING THE VIDEOSTITCH TOOL.

6. RELEASE AND GRANT OF RIGHTS- Note that in consideration for my use of the VideoStitch image and video editing tool and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, I irrevocably grant to Storymix and its respective officers, employees, agents, licensees, successors and assignees, the exclusive, royalty-free, transferable, perpetual right and permission, with respect to any content that I upload to this site and mobile application, to use, reproduce, distribute, prepare derivative works of, display, and perform the Content, including selections and stills taken therefrom, for commercial purposes, which grant shall be limited to (a) advertising, publicity, and promotion for Storymix, which may take, but shall not be limited to, the form of videotapes, video disks, streaming video, photographs, newspaper advertising, magazine advertising, leaflet and handout advertising, point-of-sale displays, radio, Internet and television advertising, including broadcast, cable and satellite radio and television, Internet web site advertising and trade show advertising and (b) to the functions of editing or modifying the Content or creating derivative works based thereon solely for my benefit and the benefit of my joint author users of VideoStitch for the purpose of assisting these users in creating final non-commercial content using that tool.

With regard to 6(a) above, I acknowledge that Storymix is under no obligation to use the content and that the content may be cut, edited and/or added to for any reason and in any manner which Storymix or its agents, licensees, successors and assignees may in their sole discretion determine and may have sound effects, music, voiceovers and/or other elements added thereto and that this includes the right to use the appearance (if any), and voice and likeness of any individuals who may be identifiable in the Content in all means and media, whether now known or hereafter devised, throughout the universe in perpetuity for commercial purposes.

I represent and warrant (1) that I am the sole and exclusive owner of any personally uploaded content, including any images contained therein, and have the full right and authority to enter into this agreement and to grant the rights granted herein, (2) that Storymix’s use of the content will not violate or infringe the rights of any party not a Joint Author under these Terms of Service, (3) that no element of the content is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or portrays graphic violence, illegal activity or other acts resulting in serious injury or death, contains personal information not my own and/or posted without permission or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise inappropriate, (3) that I and any minor(s) identified herein are not member(s) of the Screen Actors Guild, the American Federation of Television and Radio Artists, the Directors Guild of America, the Writers Guild of America, or any like theatrical, motion picture or television union and (4) that for myself and any minor(s) identified herein, I hereby waive any right to privacy or publicity arising from the use by Storymix Media or its licensees, successors and assignees of the content.

I hereby release, discharge and agree to indemnify, defend and hold harmless Storymix and their respective officers, employees, agents, representatives, licensees, successors and assignees against any and all losses, claims, debts, demands, liabilities, attorneys’ fees and all other damages or costs arising from or related to any breach of any of the above representations or warranties or the falsity of any of these representations or warranties. This Release will be governed by and construed under and in accordance with the laws of the State of Illinois. I hereby consent and agree to the exclusive jurisdiction of the federal and state courts of the State of Illinois located in the County of Cook in connection with any lawsuit, action or proceeding arising out of or related to this agreement, the use of the content, and/or to any rights granted hereunder.

7. ASSUMPTION OF RISK. YOU USE THE INTERNET SOLELY AT YOUR OWN RISK AND SUBJECT TO ALL APPLICABLE LOCAL, STATE, NATIONAL, AND INTERNATIONAL LAWS AND REGULATIONS. WHILE STORYMIX HAS ENDEAVORED TO CREATE A SECURE AND RELIABLE SITE OR MOBILE APPLICATION, PLEASE BE ADVISED THAT THE CONFIDENTIALITY OF ANY COMMUNICATION OR MATERIAL TRANSMITTED TO/FROM THIS SITE OR APPLICATION OVER THE INTERNET CANNOT BE GUARANTEED. ACCORDINGLY, IT IS NOT RESPONSIBLE FOR THE SECURITY OF ANY INFORMATION TRANSMITTED VIA THE INTERNET, THE ACCURACY OF THE INFORMATION CONTAINED ON THIS SITE OR MOBILE APPLICATION, OR FOR THE CONSEQUENCES OF ANY RELIANCE ON SUCH INFORMATION. YOU ASSUME THE SOLE AND COMPLETE RISK FOR USING THIS SITE, THE MOBILE APPLICATION AND THE VideoStitch SOFTWARE TOOL, INCLUDING ANY THIRD-PARTY CONTENT LINKED TO OR MADE AVAILABLE ON THIS WEB SITE, THE MOBILE APPLICATION AND THE VideoStitch SOFTWARE TOOL. STORYMIX MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, CURRENCY, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE CONTENT AND INFORMATION DISPLAYED ON THIS SITE OR MOBILE APPLICATION, INCLUDING BUT NOT LIMITED TO ANY THIRD-PARTY CONTENT LINKED TO OR MADE AVAILABLE ON THIS WEB SITE OR MOBILE APPLICATION OR THROUGH THE VideoStitch TOOL FOR ANY PURPOSE.

IN NO EVENT SHALL STORYMIX BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR MOBILE APPLICATION OR THE VideoStitch TOOL OR WITH ANY DELAY OR INABILITY TO USE THIS SITE OR MOBILE APPLICATION OR THE VideoStitch TOOL, OR FOR ANY CONTENT, INFORMATION OR MATERIALS DISPLAYED ON THIS SITE OR MOBILE APPLICATION OR UTILIZING THE VideoStitch TOOL, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF STORYMIX HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. WHERE PARTICULAR STATES OR JURISDICTIONS' LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE TOTAL LIABILITY OF STORYMIX FOR ANY REASON WHATSOEVER RELATED TO YOUR USE OF THIS SITE OR MOBILE APPLICATION OR THE VideoStitch TOOL SHALL NOT EXCEED THE AMOUNT OF $100 US DOLLARS.

8. Third-Party Content. Any person or entity that submits data, information, text, drawings, video or images to this site or mobile application or in connection with utilizing the VideoStitch tool hereby warrants and represents that he/she/it is the sole and exclusive creator and owner of said data, information, text, drawings, video or images or holds a license to use and to submit said data, information, text, drawings, video or images to this Site, the mobile application or the VideoStitch tool, that said data, information, text, drawings, videos or images do not intentionally or knowingly infringe any third party Intellectual Property Rights, that said data, information, text, drawings, videos or images do not contain or provide any nonpublic information belonging to a third party without proper authorization, that said data, information, text, drawings, videos or images do not involve or encourage illegal activity, and that said data, information, text, drawings, videos or images do not contain any software viruses, Trojan horses, worms, time bombs, or other computer code or files designed to disrupt, damage, or limit the functioning of any software and/or hardware on this site or mobile application or utilized by the VideoStitch tool.

9. Enforcing Security. Actual or attempted unauthorized use of this Site or mobile application may result in criminal and/or civil prosecution.

10. Links to Other Sites. Storymix may provide links, in its sole discretion, to other sites on the World Wide Web for the convenience of visitors to this site or mobile application. These sites have not necessarily been reviewed by it and are maintained by third parties over which it exercises no control. The inclusion of these links is not intended to be an endorsement by Storymix of the owner or sponsor of that linked website, the content found on that website or any products or services offered on that website. Accordingly, Storymix expressly disclaims any responsibility for the content, the accuracy, legality or currency of any information, content, products or services provided by those third party web sites. Moreover, these links do not imply an endorsement of any third party or any web site provided by any third party of any content provided on this Site or mobile application or of the VideoStitch tool and said third party(ies) shall not represent either expressly or by implication that Storymix is endorsing any content on their web page or website or any products or services marketed or offered for sale on that page or web site, misrepresent its relationship with Storymix or present false information about Storymix.

11. EVENTS BEYOND THE CONTROL OF STORYMIX. YOU EXPRESSLY ABSOLVE AND RELEASE STORYMIX FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND ITS CONTROL, INCLUDING, BUT NOT LIMITED TO, THE FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, COMPUTER VIRUSES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES, OR NATURAL DISASTERS, STRIKES OR OTHER LABOR PROBLEMS, WARS, ACTS OF TERROR OR GOVERNMENTAL RESTRICTIONS.

12. IndemniFICATION. You agree to defend, indemnify, and hold harmless storymix and its officers, employees, agents, attorneys, predecessors, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from your use of this Site or mobile application or the videostitch tool or any breach by you of this Agreement.

13. Governing Law. This Agreement has been made in and will be construed and enforced in accordance with Illinois law, as applied to agreements entered into and completely performed in Illinois. Any action to enforce this Agreement will be brought in the federal or state courts residing in Cook County, Illinois, U.S.A. and all parties to this Agreement expressly agree to be subject to the jurisdiction of such courts. This Site is controlled and operated by storymix media, inc. with a location within the state of Illinois, U.S.A. IT makes no representation that materials on this Site are appropriate or available for use in other locations. If you choose to access this Site OR MOBILE APPLICATION from other locations, you do so on your own volition and are responsible for compliance with any applicable local laws.

14. Term and Termination. This Agreement will take effect at the time you begin using this Site or the mobile application or the VideoStitch product (thereby indicating acceptance of these Terms of Service). Storymix reserves the right at any time and for any reason to terminate this Agreement. Termination will be effective without notice.

15. Waiver. Failure to insist on strict performance of any of these Terms Of Service will not operate as a waiver of any subsequent default or failure of performance. No waiver by Storymix of any right under these Terms of Service will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

16. Severability. If any part of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect.

17. Entire Agreement/Reservation of Rights. These Terms of Service and the Privacy Policy found elsewhere on this Site or mobile application represents the entire agreement between you and Storymix with respect to your use of any material or software tools available on or through this Site or mobile application.

18. Section Headings. The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement.

19. Notice for making claims of infringement-Written notification must be submitted to the following Designated Agent:

Name of Agent Designated to Receive Notification of Claimed Infringement:

Eric Wachspress

Full Address of Designated Agent to Which Notification Should be Sent:

417 South Jefferson Street, #304, Chicago, Illinois 60607 U.S.A.

Facsimile Number of Designated Agent: 1.312.583.1083

E-mail Address of Designated Agent: markscounsel@gmail.com

VideoStitch Pro Terms

Thank you for using VideoStitchPRO (“PRO”), an on-line non-downloadable software tool created and owned by Storymix Media, Inc. (“Storymix”), a corporation organized under the laws of the state of Delaware, United States of America, that enables users of that tool to upload images and videos, merge those images and videos with images and videos created by other users and, by doing so, to create a finished edited video product.

1. Grant of Right. The information, tools, products and services offered on this site or mobile application are subject to the following Terms of Service. By accessing or using this website or mobile application or the PRO tool you agree to these Terms of Service. You may also be subject to terms and conditions in addition to these Terms of Service which are posted on other pages of this site or elsewhere in the mobile application or in the PRO tool. As long as you use this site or application or the PRO tool in accordance with these Terms of Service, Storymix grants you a non-exclusive, nontransferable, limited right to enter, display and use this site or the mobile application or the PRO tool and to temporarily download this site or the mobile application solely for the purposes of temporarily viewing and accessing it, including printing its contents through the use of a browser, solely for your use. While you may print and download materials and information, including images and videos, from this site or mobile application solely for your use, any copies made thereof must contain all copyright and other applicable notices contained in such materials and information. Notwithstanding the foregoing and except as otherwise expressly permitted herein, you may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, mirror, frame, or otherwise use any information or material obtained from or through this site or mobile application. As a further condition of use of this site or mobile application, you warrant to Storymix that you will not use this site or mobile application or the PRO tool for any purpose that is unlawful or prohibited by these Terms of Service.

2. PRO License. EXCEPT AS SET FORTH BELOW, STORYMIX GRANTS EACH PURCHASER (“PURCHASER”) OF THE PRO PRODUCT, WHICH WOULD BE AN INDIVIDUAL OR ENTITY WHICH MAKES A PAYMENT FOR THE RIGHT TO USE THAT PRODUCT, A NON-EXCLUSIVE LICENSE WHICH SHALL LIMIT PURCHASER TO THE RIGHT TO INSTALL AND RUN A SINGLE COPY OF PRO ON A COMPUTER OR MOBILE DEVICE, CONSISTENT WITH THE TERMS OF THIS AGREEMENT, FOR THE PRODUCTION OF A SINGLE VIDEO PROJECT (“PROJECT.”). THIS LICENSE SHALL BE NON-TRANSFERRABLE EXCEPT AS SET FORTH BELOW.

3. Copyright Status of Content. PURCHASER ACKNOWLEDGES THAT PRO IS A TOOL THROUGH WHICH INDIVIDUALS MAY UPLOAD VIDEOS AND IMAGES, MERGE THOSE IMAGES AND VIDEOS WITH VIDEOS AND IMAGES UPLOADED BY OTHER INDIVIDUALS AND MODIFY BOTH THEIR OWN UPLOADED CONTRIBUTIONS AND THOSE UPLOADED BY OTHERS TO CREATE A FINISHED EDITED VIDEO PRODUCT. THEREFORE, EACH AND EVERY USER OF PRO WHO CONTRIBUTES OR UPLOADS CONTENT USING THAT TOOL IS A JOINT AUTHOR FOR COPYRIGHT PURPOSES OF ANY CONTENT INCORPORATING THEIR INDIVIDUALLY CONTRIBUTED CONTENT, CONTENT INDIVIDUALLY CONTRIBUTED BY OTHER CONTRIBUTORS, CONTENT UPLOADED BY PURCHASER, CONTENT CONTRIBUTED BY STORYMIX AND ANY FINAL MERGED WORK INCORPORATING EACH CONTRIBUTOR’S CONTENT AND SAID CONTRIBUTIONS AND FINAL MERGED CONTENT SHALL CONSTITUTE FOR PURPOSES OF COPYRIGHT LAW A “JOINT WORK.” AS A JOINT WORK, EACH CONTRIBUTOR AUTOMATICALLY ACQUIRES AN UNDIVIDED OWNERSHIP IN THE ENTIRE WORK, INCLUDING EACH AND EVERY CONTRIBUTION CONTAINED THEREIN, AND THAT OWNERSHIP RIGHT DOES NOT DEPEND ON THE QUANTITY OR QUALITY OF CONTENT CONTRIBUTED BY EACH CONTRIBUTOR. BECAUSE EACH CONTRIBUTOR AS A JOINT AUTHOR THEREFORE HAS THE RIGHT TO MAKE COPIES OF THE JOINT WORK, TO DISTRIBUTE COPIES OF THE JOINT WORK, TO MAKE DERIVATIVE WORKS BASED ON THE JOINT WORK AND TO DISPLAY THE JOINT WORK, INCLUDING CONTENT CONTRIBUTED BY THEM, CONTENT CONTRIBUTED BY THIRD PARTIES AND ANY MERGED CONTENT, PURCHASER MAY SUBLICENSE THE USE OF PRO TO CONTRIBUTORS TO THE PROJECT AND TO STORYMIX FOR EDITING PURPOSES. IN CONSIDERATION THEREFORE, EACH CONTRIBUTOR SHALL ASSIGN AND TRANSFER TO PURCHASER, ITS SUCCESSORS AND ASSIGNS, AND ALL RELATED AND SUBSIDIARY ENTITIES THEREOF, ITS ENTIRE RIGHT, TITLE AND INTEREST IN AND TO ITS CONTRIBUTED CONTENT, INCLUDING ANY AND ALL CONTENT WHICH IT HAS CREATED USING PRO IN WHICH IT HOLDS JOINT OWNERSHIP OR AUTHORSHIP, INCLUDING THE RIGHT TO SECURE REGISTRATIONS FOR COPYRIGHT PROTECTION IN THE UNITED STATES AND ALL OTHER COUNTRIES OF THE WORLD TOGETHER WITH ANY RENEWALS AND EXTENSIONS THEREOF, AND IN AND TO ALL WORKS BASED UPON, DERIVED FROM, OR INCORPORATING ITS CONTRIBUTED CONTENT, AND ALL PRESENT AND FUTURE RIGHTS OF EVERY KIND PERTAINING TO THE CONTENT, WHETHER OR NOT SUCH RIGHTS ARE NOW KNOWN, RECOGNIZED, OR CONTEMPLATED, INCLUDING, BUT NOT LIMITED TO, THE RIGHT TO CREATE AND PUBLISH DERIVATIVE VERSIONS OF THE CONTENT, THE RIGHT TO PUBLISH VERSIONS OF THE CONTENT FOR USE ON THE INTERNET, FOR USE ON COMPUTING DEVICES, AND FOR USE ON MOBILE PHONES, THE RIGHT TO CREATE AND PUBLISH VERSIONS OF THE CONTENT FOR USE ON MACHINE-READABLE DISKS AND OTHER DIGITAL STORAGE DEVICES FOR USE IN ELECTRONIC DEVICES OF ANY KIND, THE RIGHT TO CREATE AND PUBLISH VERSIONS OF THE CONTENT FOR USE IN TELEVISION PROGRAMMING AND ANY COMMERCIAL MERCHANDISING RIGHTS IN REGARD THERETO TOGETHER WITH THE RIGHT TO ANY AND ALL INCOME, ROYALTIES, DAMAGES, CLAIMS AND PAYMENTS NOW OR HEREAFTER DUE OR PAYABLE WITH RESPECT THERETO, AND IN AND TO ALL CAUSES OF ACTION, EITHER IN LAW OR IN EQUITY FOR PAST, PRESENT, OR FUTURE INFRINGEMENT BASED ON HIS OR HER ENTIRE RIGHT, TITLE AND INTEREST IN AND TO THE CONTENT AND IN AND TO ALL RIGHTS CORRESPONDING TO THE FOREGOING THROUGHOUT THE WORLD.

4. Intellectual Property Rights. All material contained on this site or mobile application, unless otherwise indicated herein, including the PRO tool and any incorporated source code or object code is protected by law including, but not limited to, United States copyright and trademark law, and is owned by Storymix. Except as expressly provided herein, Storymix does not grant any express or implied rights to you. The contents of this site or mobile application, the PRO tool and any incorporated source code and object code are the subject of copyright, the author of which is Storymix, except where otherwise noted. Storymix also owns a copyright in this site or mobile application as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of this site or application’s content. All trade names, trademarks and service marks found on this site or mobile application are owned by Storymix or third parties, where noted. No other use of those trade names, trademarks and service marks is permitted without their respective owners’ written permission, including use in any manner that is likely to imply that Storymix sponsors, endorses, or is otherwise connected with activities, products or services which it does not sponsor, endorse or is connected with.

IN ADDITION, BY ACCESSING THIS SITE OR MOBILE APPLICATION, OR BY UTILIZING THE PRO TOOL, YOU AGREE NOT TO POST, TRANSMIT, OR DOWNLOAD ANY UNLAWFUL, THREATENING, LIBELOUS, DEFAMATORY, OBSCENE, PORNOGRAPHIC OR SIMILAR MATERIAL OR TO USE THIS SITE OR MOBILE APPLICATION OR THE PRO TOOL TO HARASS OR DISPARAGE STORYMIX, ANY ADVERTISERS THEREON, OR ANY OTHER THIRD-PARTY SUPPLIERS OF CONTENT TO THIS SITE OR THE MOBILE APPLICATION, OR ANY JOINT WORKS CREATED UTILIZING THE PRO TOOL.

6. RELEASE AND GRANT OF RIGHTS- Note that in consideration for PURCHASER’S right to use the PRO image and video editing tool and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, PURCHASER irrevocably grants to Storymix and its respective officers, employees, agents, licensees, successors and assignees, an exclusive, royalty-free, transferable, perpetual right and permission, with respect to any content that it uploads to this site and mobile application, to use, reproduce, distribute, prepare derivative works of, display, and perform the Content created by or assigned to Purchaser pursuant hereto, including selections and stills taken therefrom, for its commercial purposes, which grant shall be limited to (a) advertising, publicity, and promotion for Storymix, which may take, but shall not be limited to, the form of videotapes, video disks, streaming video, photographs, newspaper advertising, magazine advertising, leaflet and handout advertising, point-of-sale displays, radio, Internet and television advertising, including broadcast, cable and satellite radio and television, Internet web site advertising and trade show advertising and (b) editing, modifying or creating derivative works for the benefit of Purchaser to assist Purchaser in completing the Project .

Purchaser acknowledges with regard to 6(a) above that Storymix is under no obligation to use the content and that the content may be cut, edited and/or added to for any reason and in any manner which Storymix or its agents, licensees, successors and assignees may in their sole discretion determine and may have sound effects, music, voiceovers and/or other elements added thereto and that this includes the right to use the appearance (if any), and voice and likeness of any individuals who may be identifiable in the Content in all means and media, whether now known or hereafter devised, throughout the universe in perpetuity for commercial purposes.

In addition, Purchaser represents and warrants (1) that it is the sole and exclusive owner of any uploaded content, including any images contained therein, and has the full right and authority to enter into this agreement and to grant the rights granted herein, including any rights of publicity or privacy of any individuals identifiable in the Content, (2) that Storymix’s use of the content will not violate or infringe the rights of any party to these Terms of Service or of any non-party individuals identifiable in the Content, including but not limited to any rights of publicity or privacy, (3) that no element of the Content is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or portrays graphic violence, illegal activity or other acts resulting in serious injury or death, contains personal information posted without permission or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise inappropriate,

Purchaser hereby releases, discharges and agrees to indemnify, defend and hold harmless Storymix and its respective officers, employees, agents, representatives, licensees, successors and assignees against any and all losses, claims, debts, demands, liabilities, attorneys’ fees and all other damages or costs arising from or related to any breach of any of the above representations or warranties or the falsity of any of these representations or warranties. This Release will be governed by and construed under and in accordance with the laws of the State of Illinois. I hereby consent and agree to the exclusive jurisdiction of the federal and state courts of the State of Illinois located in the County of Cook in connection with any lawsuit, action or proceeding arising out of or related to this agreement, the use of the content, and/or to any rights granted hereunder.

7. ASSUMPTION OF RISK. YOU USE THE INTERNET SOLELY AT YOUR OWN RISK AND SUBJECT TO ALL APPLICABLE LOCAL, STATE, NATIONAL, AND INTERNATIONAL LAWS AND REGULATIONS. WHILE STORYMIX HAS ENDEAVORED TO CREATE A SECURE AND RELIABLE SITE OR MOBILE APPLICATION, PLEASE BE ADVISED THAT THE CONFIDENTIALITY OF ANY COMMUNICATION OR MATERIAL TRANSMITTED TO/FROM THIS SITE OR APPLICATION OVER THE INTERNET CANNOT BE GUARANTEED. ACCORDINGLY, IT IS NOT RESPONSIBLE FOR THE SECURITY OF ANY INFORMATION TRANSMITTED VIA THE INTERNET, THE ACCURACY OF THE INFORMATION CONTAINED ON THIS SITE OR MOBILE APPLICATION, OR FOR THE CONSEQUENCES OF ANY RELIANCE ON SUCH INFORMATION. YOU ASSUME THE SOLE AND COMPLETE RISK FOR USING THIS SITE, THE MOBILE APPLICATION AND THE PRO SOFTWARE TOOL, INCLUDING ANY THIRD-PARTY CONTENT LINKED TO OR MADE AVAILABLE ON THIS WEB SITE, THE MOBILE APPLICATION AND THE PRO SOFTWARE TOOL. STORYMIX MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, CURRENCY, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE CONTENT AND INFORMATION DISPLAYED ON THIS SITE OR MOBILE APPLICATION, INCLUDING BUT NOT LIMITED TO ANY THIRD-PARTY CONTENT LINKED TO OR MADE AVAILABLE ON THIS WEB SITE OR MOBILE APPLICATION OR THROUGH THE PRO TOOL FOR ANY PURPOSE.

IN NO EVENT SHALL STORYMIX BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR MOBILE APPLICATION OR THE PRO TOOL OR WITH ANY DELAY OR INABILITY TO USE THIS SITE OR MOBILE APPLICATION OR THE PRO TOOL, OR FOR ANY CONTENT, INFORMATION OR MATERIALS DISPLAYED ON THIS SITE OR MOBILE APPLICATION OR UTILIZING THE PRO TOOL, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF STORYMIX HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. WHERE PARTICULAR STATES OR JURISDICTIONS' LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE TOTAL LIABILITY OF STORYMIX FOR ANY REASON WHATSOEVER RELATED TO YOUR USE OF THIS SITE OR MOBILE APPLICATION OR THE PRO TOOL SHALL NOT EXCEED THE AMOUNT OF $100 US DOLLARS.

8. Third-Party Content. Any person or entity that submits data, information, text, drawings, video or images to this site or mobile application or in connection with utilizing the PRO tool hereby warrants and represents that he/she/it is the sole and exclusive creator and owner of said data, information, text, drawings, video or images or holds a license to use and to submit said data, information, text, drawings, video or images to this Site, the mobile application or the PRO tool, that said data, information, text, drawings, videos or images do not intentionally or knowingly infringe any third party Intellectual Property Rights, that said data, information, text, drawings, videos or images do not contain or provide any nonpublic information belonging to a third party without proper authorization, that said data, information, text, drawings, videos or images do not involve or encourage illegal activity, and that said data, information, text, drawings, videos or images do not contain any software viruses, Trojan horses, worms, time bombs, or other computer code or files designed to disrupt, damage, or limit the functioning of any software and/or hardware on this site or mobile application or utilized by the PRO tool.

9. Enforcing Security. Actual or attempted unauthorized use of this Site or mobile application may result in criminal and/or civil prosecution.

10. Links to Other Sites. Storymix may provide links, in its sole discretion, to other sites on the World Wide Web for the convenience of visitors to this site or mobile application. These sites have not necessarily been reviewed by it and are maintained by third parties over which it exercises no control. The inclusion of these links is not intended to be an endorsement by Storymix of the owner or sponsor of that linked website, the content found on that website or any products or services offered on that website. Accordingly, Storymix expressly disclaims any responsibility for the content, the accuracy, legality or currency of any information, content, products or services provided by those third party web sites. Moreover, these links do not imply an endorsement of any third party or any web site provided by any third party of any content provided on this Site or mobile application or of the PRO tool and said third party(ies) shall not represent either expressly or by implication that Storymix is endorsing any content on their web page or website or any products or services marketed or offered for sale on that page or web site, misrepresent its relationship with Storymix or present false information about Storymix.

13. Governing Law. This Agreement has been made in and will be construed and enforced in accordance with Illinois law, as applied to agreements entered into and completely performed in Illinois. Any action to enforce this Agreement will be brought in the federal or state courts residing in Cook County, Illinois, U.S.A. and all parties to this Agreement expressly agree to be subject to the jurisdiction of such courts. This Site is controlled and operated by storymix media, inc. with a location within the state of Illinois, U.S.A. IT makes no representation that materials on this Site are appropriate or available for use in other locations. If you choose to access this Site or mobile application from other locations, you do so on your own volition and are responsible for compliance with any applicable local laws.

14. Term and Termination. This Agreement will take effect at the time you begin using this Site or the mobile application or the PRO product (thereby indicating acceptance of these Terms of Service). Storymix reserves the right at any time and for any reason to terminate this Agreement. Termination will be effective without notice.

18. Section Headings. The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement.

19. Notice for making claims of infringement-Written notification must be submitted to the following Designated Agent:

Name of Agent Designated to Receive Notification of Claimed Infringement:

Eric Wachspress

Full Address of Designated Agent to Which Notification Should be Sent:

417 South Jefferson Street, #304, Chicago, Illinois 60607 U.S.A.

Facsimile Number of Designated Agent: 1.312.583.1083

E-mail Address of Designated Agent: markscounsel@gmail.com