Legal

Thank you for visiting our web site. The information, images, tools, products and services offered on our site are subject to the following Terms of Use. By accessing or using this website (“The Site”), you agree to these Terms of Use. Storymix Media, Inc. is the owner of The Site and reserves the right to change these Terms of Use and the content on The Site at any time at its sole discretion. These changes, if they occur, will be posted on The Site. You may also be subject to terms and conditions in addition to these Terms of Use which are posted on other pages of The Site. As long as you use The Site in accordance with these Terms of Use, Storymix Media grants you a non-exclusive, nontransferable, limited right to enter, display and use The Site and temporarily download The Site solely for the purpose of temporarily viewing and accessing it, including printing its contents through the use of a browser.

1. You agree not to interrupt or attempt to interrupt the operation of The Site, to use or contact The Site in such a manner as to disrupt or damage its content or affect in any way the ability of third persons to access The Site or to post or transmit to The Site any unlawful, threatening, libelous, defamatory, obscene, pornographic or similar material.

2. You agree not to use any means to circumvent log in, password, and other protections used to restrict access to certain parts of The Site.

3. You agree not to frame or utilize framing techniques to enclose any portion or portions of The Site or any content appearing on The Site without the express written permission of Storymix Media

4. You will not use The Site to harass or disparage Storymix Media, its owners, officers or employees, its agents or customers or its products or services

5. Use of The Site is for your use only. Except as set forth above you may not reproduce, distribute or transmit any portion of The Site, including any text, images, tools, audio or video incorporated on The Site. Any unauthorized use of the text, images, tools, audio or video incorporated on The Site is a violation of the copyrights and trademarks of Storymix Media and may subject you to civil and/or criminal prosecution.

6. Copyright in all material found on The Site is owned by Storymix Media or its respective copyright owners.

7. All trade names, trademarks and service marks found on The Site are owned by Storymix Media or third parties, where noted. No other use of those trade names, trademarks and service marks is permitted without their respective owners’ written permission. Use of those trade names, trademarks and service marks as part of your own trademarks, to identify products or services which do not originate from Storymix Media or their respective third-party owners identified on The Site, use in a manner that is likely to cause confusion, use in a manner that is likely to imply that Storymix Media sponsors, endorses, or is otherwise connected with activities, products or services which it does not sponsor, endorse or is connected with and use in a manner that disparages Storymix Media is prohibited

8. Storymix Media collects and stores information about you pursuant to the terms of its Privacy Policy and Registration and Membership Terms found elsewhere on The Site. The Privacy Policy and Registration and Membership Terms may be accessed by clicking on the link found at the bottom of this page. In addition, Storymix Media may also collect and store aggregate or anonymous information about your access to and use of The Site including but not limited to such information as the number of visitors to The Site.

9. YOUR USE OF THE SITE IS AT YOUR OWN RISK. Storymix Media MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF ANY OF THE CONTENT POSTED ON THE SITE AND Storymix Media SPECIFICALLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT FOUND ON THE SITE. Storymix Media AND ANY OTHER PARTY INVOLVED IN CREATING, HOSTING OR DELIVERING THE SITE SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OF YOUR ACCESS TO OR USE OR INABILITY TO USE OR ACCESS THE SITE. Storymix Media IS NOT RESPONSIBLE FOR TIMELINESS, UNAVAILABILITY OR INTERRUPTIONS IN AVAILABILITY, VIRUSES OR OTHER DEFECTS IN THE SITE OR ITS CONTENTS. Storymix Media IS NOT RESPONSIBLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES TO USERS OF THE SITE OR THEIR COMPUTER SYSTEMS OR OTHERWISE, AND USERS ASSUME ALL RISKS IN CONNECTION WITH THEIR ACCESS TO OR USE OF THE SITE. IN ADDITION, Storymix Media SHALL NOT BE LIABLE IN ANY AMOUNT FOR ITS FAILURE TO PERFORM IF SUCH FAILURE IS CAUSED BY AN OCCURRENCE OR CAUSE BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, COMMUNICATIONS OUTAGES, LABOR DISPUTES, EARTHQUAKE, FIRE, FLOOD, STORM, WAR, ACTS OF TERROR, OR ACT OF GOD; OR ANY ACTS OF GOVERNMENTAL BODIES OR AUTHORITIES

10. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE, AND ALL PRODUCTS OR SERVICES OFFERED FOR SALE ON THE SITE ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PLEASE NOTE THAT SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES AND THE LIMITATION OF LIABILITY, SO THE FOREGOING DISCLAIMER AND INSULATION MAY NOT APPLY TO YOU.

11. Storymix Media EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, PRODUCTS OR SERVICES PROVIDED OR OFFERED FOR SALE BY THIRD PARTIES ON THE SITE

12. NO INFORMATION PROVIDED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY Storymix Media IN THESE TERMS OF USE

13. INTERNET TRANSMISSIONS ARE NEVER COMPLETELY PRIVATE OR SECURE. YOU UNDERSTAND THAT ANY INFORMATION THAT YOU SEND TO THE SITE MAY BE READ OR INTERCEPTED BY OTHERS.

14. Other websites may contain links to The Site or The Site may contain links to other websites. Storymix Media is not responsible for the content of any site linked to or from The Site, and if Storymix Media provides links on The Site to other sites, the inclusion of those links is for the convenience of visitors to The Site and is not intended to be an endorsement by Storymix Media of the owner or sponsor of that linked website, the content found on that website or the products or services offered on that website. The owner of any page or website linked to The Site shall not represent either expressly or by implication that Storymix Media is endorsing it, any content on that page or website or any products or services marketed or offered for sale on that page or web site, misrepresent its relationship with Storymix Media or present false information about Storymix Media. Storymix Media does not warrant either expressly or by implication the accuracy, validity or legality or any information, content, products or services found on those sites.

15. If your project includes our Auto Instagram feed, you are responsible for letting users who tag any photos or videos with your #[app code] that they are giving you permission to their files. You must tell these users that their files may be included in your final edit and will be viewable and downloadable in your HD online gallery.

16. If you believe that any content found on The Site violates the copyright, trademark rights, patent rights, trade secrets or any other exclusive proprietary rights of any third party, please contact us at our address and phone number found on the “Contact Us” page of our site. We can be reached by telephone between the hours of 10am and 4pm Central Time Monday through Friday except national holidays.

17. Storymix Media is located in the United States of America, located in Cook County, in the state of Illinois. The Site as well as any legal terms contained thereon are governed by and are subject to the laws of the state of Illinois and the United States of America as well as the common law of those jurisdictions regardless of the location of any visitor or user to The Site. By accessing, visiting or using The Site or purchasing any good or service offered for sale on The Site you agree to the fullest extent permitted by law that any proceeding arising out of or relating to your use of The Site or your purchase of any products or services offered thereon shall be instituted in a state or federal court sitting or having jurisdiction over disputes arising in the county of Cook, state of Illinois, United States of America and you expressly waive any objection that you may have to the selection of that venue or to the jurisdiction of any court located in that venue. You also agree to bring any claim arising from your use of The Site or your purchase of any products or services offered thereon within one (1) year from the date after such claim or cause of action arose

18. You agree to indemnify and hold Storymix Media and its agents, directors, officers and employees harmless from and against any losses, costs, damages, liabilities and expenses, including, without limitation, attorney’s fees and costs, incurred by Storymix Media and its agents, directors, officers and employees in connection with any claim arising out of any breach by you of these Terms of Use or relating in any way to a transaction or dispute between you and any third party. In addition, Storymix Media reserves the right to terminate your registration to The Site in the event of any breach by you of these Terms of Use

19. The Risk-free Money Back Guarantee ended on 3/8/2020. Storymix does not provide refunds on any purchase, deposit or reservation for any of it’s services. Furthermore, if a product requires a second or completion payment, Storymix will not and is not responsible to ship cameras or equipment unless the payment is made by the date specified. Any project can be used for a different event in the future or gifted to another person and used at a different. The Satisfaction Guarantee still applies to projects with an edited video as follows: Our goal is to give you a video you love. If after seeing your final edit you are not satisfied, you can request a recut as part of our satisfaction guarantee. If you are not satisfied after going through the approval and recut process, we will refund your credit card or will send you a check for the total amount of your orders minus the shipping fees. You will not receive any video footage, photo files or an edited video. If you’ve already downloaded files or received the highlight video, that usage of our service will be deducted from your refund. The satisfaction guarantee is void due to lack of or quality of the photo and video files being captured, unless it was due to complete malfunction of our camera(s). Furthermore the guarantee is void if you copy or download footage and image files from our cameras to your computer or storage device. Requests for a satisfaction guarantee must be made within six (6) months of your wedding date.

20. You must return all the equipment included as rentals as part of an order within the time specified in the automated email that is sent or within 3 days after your event date. If any camera is not returned in the specified time, your project will be charged a late fee of $25 per day that must be paid prior to Storymix starting any editing services.

21.  REPEAT INFRINGER POLICY – We will terminate access to our website to repeat copyright infringers.

 As set forth here, you may not post any content (a song, a story, an article, a drawing, a photograph, etc.) owned by someone else in a manner that violates another’s copyright. When you do so, the copyright owner(s) of that content may notify us that you don’t have their permission to post their content on the site, and have violated their copyright. If we get repeated notices that you have posted others’ copyrighted content on our site without permission, we may terminate your access to our site.

 We have a system for keeping track of repeat violators of copyright, and determining when to terminate your access to our website:

 Generally, when content is removed that you posted because the copyright owner of that content sent us a complete legal request to do so, we will have a record of that request.

 If we receive repeated requests to take down content that you have posted on our site due to an alleged copyright violation, your access to our site will be terminated. However, if you submit a counter-notification in response to the copyright owner’s notice within two weeks after receiving a Notice of Infringement or that counter-notice is not answered by the copyright owner or the copyright owner retracts his or her notice [or if the dispute leads to legal proceedings that result in a court finding that you have not infringed the owner’s copyright], we will not take any action against you for violation of copyright or rescind any action that we have taken unless and until the content is found to be infringing.

22. In the event that any of these terms is held unenforceable, the remaining portions hereof shall remain and continue in full force and effect. The delay or failure of Storymix Media to exercise any right under these Terms of Use and any partial or single exercise of that right shall not constitute a waiver of that right or any other right, unless otherwise expressly provided herein. The waiver of a breach of any term hereof or any default hereunder shall not be deemed a waiver of any subsequent breach or default, whether of the same or similar nature, and shall not in any way affect the other terms hereof.

23. The following graphics have been used on the site and credit to the authors is acknowledged. If any graphics used have not been sited, please contact us to have it added here.

<div>Icons made by <a href=”https://www.flaticon.com/authors/pixel-buddha” title=”Pixel Buddha”>Pixel Buddha</a> from <a href=”https://www.flaticon.com/” title=”Flaticon”>www.flaticon.com</a></div>

<div>Icons made by <a href=”https://www.flaticon.com/authors/pixel-perfect” title=”Pixel perfect”>Pixel perfect</a> from <a href=”https://www.flaticon.com/” title=”Flaticon”>www.flaticon.com</a></div>

<div>Icons made by <a href=”https://www.flaticon.com/authors/kirill-kazachek” title=”Kirill Kazachek”>Kirill Kazachek</a> from <a href=”https://www.flaticon.com/” title=”Flaticon”>www.flaticon.com</a></div>

<div>Icons made by <a href=”https://www.flaticon.com/authors/gregor-cresnar” title=”Gregor Cresnar”>Gregor Cresnar</a> from <a href=”https://www.flaticon.com/” title=”Flaticon”>www.flaticon.com</a></div>

<div>Icons made by <a href=”https://www.flaticon.com/authors/freepik” title=”Freepik”>Freepik</a> from <a href=”https://www.flaticon.com/” title=”Flaticon”>www.flaticon.com</a></div>

<div>Icons made by <a href=”https://www.flaticon.com/authors/freepik” title=”Freepik”>Freepik</a> from <a href=”https://www.flaticon.com/” title=”Flaticon”>www.flaticon.com</a></div>

<div>Icons made by <a href=”https://www.flaticon.com/authors/freepik” title=”Freepik”>Freepik</a> from <a href=”https://www.flaticon.com/” title=”Flaticon”>www.flaticon.com</a></div>

23. 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:

Michael A. Fisher

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

Michael A. Fisher

440 Burroughs St. Ste 318

Detroit, MI 48202

Telephone: 708-792-3850

[email protected]

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