AUTISM STORIES´ terms of use

Terms of Use

UPDATED ON November 1, 2018

Terms of Use

These terms of website use (these “Terms”), together with the Privacy Policy (as defined below), constitute a legally binding agreement (the “Agreement”) between you and Autism Stories SEZC and its subsidiaries and affiliates (collectively, “Autism Stories,” “we,” “us” and “our”) and set forth the terms governing your use of and access to our websites and mobile sites and applications, including www.autismstories.com (collectively, our “Site”) as a registered user or guest. The information on our Site (the “Site Content”) is for personal, non-commercial use only. By clicking “accept” on our registration page, you hereby represent that you have read and accepted these Terms and our Privacy Policy, and that you are of legal age, and are otherwise fully able and competent, to enter into this binding Agreement.  BY USING THE SITE, AND THE SERVICES, YOU AGREE TO THE TERMS OF THIS AGREEMENT AND THE PRIVACY POLICY FOR THE SITE, JUST AS IF YOU HAD SIGNED THE AGREEMENT.  IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND THIS AGREEEMENT, PLEASE DO NOT USE THE SERVICES.

If you subscribe to our Site through a corporate other group membership, you represent that you have the right to bind such group to these Terms, and the words “you” or “your” in these Terms may apply (with the exception of references to notices or other communications from us or to payment and renewal matters) to both your group and each member of your corporate or other group membership account.

Please read these Terms carefully before you start to use our Site, as these will apply to your use of our Site. We recommend that you print a copy of this for future reference.

Privacy Policy

Our Privacy Policy is published at https://www.autismstories.com/privacy-policy/ (the “Privacy Policy”).  The Privacy Policy sets out the terms on which we process and disclose any personal data we collect from you or that you provide to us, and is hereby incorporated into these Terms. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.

Important Disclaimer

Autism Stories is a publisher. The Site, the Site Content and the information therein does not include, nor shall it be construed as including, advice, guidance or recommendations to take, or not to take, any actions or decisions in relation to any matter, including, without limitation, in relation to any therapies or treatments related to the Autism and its related disorders. You acknowledge that information obtained through the Site or the Site Content is not tailored for you or any specific person or child and should never be used as a substitute for professional advice, medical or otherwise. You should not treat any opinions or views expressed on the Site or in the Site Content as a recommendation to partake in any particular therapy or treatment. Autism Stories, its affiliates and their respective representatives shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Site or the Site Content and shall not be responsible or liable for any decisions made based on such information.

Autism Stories does not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions or other statements expressed by individuals featured on the Site, or made public on the Site through the interactive services available on the Site.  Any information or material sent by visitors through such services, including advice and opinions, represent the views of, and is the responsibility of, those visitors and does not necessarily represent the views of Autism Stories.

The information contained within the Site Content is from sources which Autism Stories believes to be accurate, including third party contributors. Autism Stories does not independently verify information provided by third party contributors and makes no warranty as to the completeness or accuracy of information obtained from such third parties, nor can it accept responsibility for errors of such third parties appearing on the Site or in the Site Content.

Registration, Account, and Password

Our Site contains exclusive services available only to registered members (“Members”). In order to access such exclusive services, you will have to sign up for a paid subscription and create a Member account. If you do not register as a Member, you may still browse the Site or use those services that are not limited to Members only.

When you register as a Member, you will be asked to provide your first name, last name, email address, username, password and other information we reasonably request as part of our security procedures. To the extent you are using the Site on behalf of an organization, you may need to also provide us with information in order to confirm, or permit us to confirm, any relationship between you and such organization. You must treat your Member information as confidential. In particular, you are responsible for the privacy and safety of your password and you agree not to disclose it to a third party. By becoming a Member (i) you agree to immediately notify us of any unauthorized use of your password, (ii) you warrant that all information provided by you (whether at time of registration or afterwards) is accurate, true and complete at the time it is given; (iii) you consent to the use of electronic means to provide you with any notices given pursuant to these Terms, and (iv) you consent to the use of electronic records to store information related to our Site or these Terms.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at support@autismstories.com.

Fees, Automatic Renewal, and Termination

We offer paid subscription plans that allow you to access additional or exclusive features or content made available through the Site. The day that you register as a Member is the first day of your billing cycle. If you provide a credit card or other payment method accepted by us and sign up as a Member, you are expressly agreeing that your membership will be automatically renewed, subject to cancellation by you in accordance with these Terms, and Autism Stories (or our designated third-party payment provider) is authorized to charge your payment method for the applicable subscription fee (plus any applicable taxes) annually on a recurring basis on the anniversary date of your registration.

In order to verify a new subscriber’s credit card details when entering a trial, a $1 authorization transaction may appear on your bank statement. A corresponding $1 refund is automatically processed in these instances, but it may take a few days to appear on your bank statement.

We reserve the right to adjust the price of membership at any time, effective as of the beginning of your next billing period following the date of the change. If we change the subscription fee or other charges for your subscription, we will give you advance notice of these changes. By purchasing a membership you authorize us to charge the applicable fee amount at the time of purchase or activation (at our discretion) and annually thereafter. We reserve the right to change our billing format, including, without limitation, so that it is based on a set annual date rather than on the membership renewal date, and in such event we will pro rate the membership fee accordingly, and your continued membership will constitute our authority to charge the applicable fee amount according to any new billing format.

We may use a third-party company to perform membership payment functions on our behalf. In the event that we are informed by the third-party payment company that your renewal fee has not been paid in full, you may be contacted by our third-party payment company to rectify the payment issue and be asked to provide an alternative method of payment. In the event of a default in payment for any reason, we reserve the right to cancel your membership at any time thereafter or to continue your membership until the payment default is resolved.

Your subscription will continue in effect and renew on a recurring annual basis, unless and until you cancel your subscription. We reserve the right to cancel your membership in the event of non-compliance with any of these Terms.

To cancel your membership, email us at support@autismstories.com. Your cancellation notice will be deemed effective on the next business day.

Your cancellation notice must be effective at least forty-eight (48) hours before your next renewal date in order to avoid the next billing period. You will not be entitled to a refund of the annual membership fee in the event that your membership is terminated after the aforementioned 48-hour window or at any time partway through your subscription term.

Autism Stories may, in its sole discretion, terminate your password, account (or any part thereof) or use of the Site and the services, or remove and discard any communication transmitted by you, or information stored, sent, or received via the Site without prior notice upon (i) concurrent access of the Site with identical user identification numbers, (ii) permitting another person or entity to use your user identification number to access the Site and the Services, (iii) any other access or use of the Site and the services except as expressly provided in this Agreement, (iv) any violation of these Terms or the rules and regulations relating to the use of, the software and/or data files contained in, or accessed through, the Site, or (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Site.  Termination, suspension, or cancellation of this Agreement or your access rights shall not affect any right or relief to which Autism Stories may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will automatically terminate and immediately revert to Autism Stories and its licensors.

Changes to these Terms

We may modify these Terms at any time by amending this page and we may at any time amend our Privacy Policy by amending the page published at https://www.autismstories.com/privacy/. Such amended Terms and any amended policies shall govern your relationship with Autism Stories. By continuing to access or use our Site after such modification of these terms, you agree to be bound by the modified Terms. If any modified Terms or modified policies are not acceptable to you, your sole remedy is to cease using our Site.

Please check this page from time to time to take notice of any changes we made, as they are binding on you. This page was last updated on November 1, 2018.

Changes to our Site

We may update our Site from time to time and may change the Site Content at any time. However, please note that any of the Site Content may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our Site, or the Site Content, will be free from errors or omissions.

Accessing our Site

Autism Stories does not guarantee that our Site, or the Site Content, will always be available or be uninterrupted. Autism Stories may, in its sole discretion, discontinue or alter any aspect of the services provided, including, but not limited to (i) restricting the time of availability, (ii) restricting the availability and/or scope of the services for certain platforms (i.e. computer types and operating systems), (iii) restricting the amount of use permitted, and (iv) restricting or terminating any user’s right to use all or part of the services, at any time, in Autism Stories’ sole discretion and without prior notice or liability.

You are responsible for making all arrangements necessary for you to have access to our Site.

You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and that they comply with all of them.

Your Content

You retain your rights in the information or other content (which may include data, text or other materials or content) that you create, upload, store and/or transmit to other users using the Site (collectively, “Your Content”), subject to the rights granted below and our rights in Our Property as explained below. You hereby grant and agree to grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, transferable license, with the right to sublicense through multiple tiers, to copy, edit, modify, adapt, publish, transmit, distribute, prepare derivative works, perform, display, use, and otherwise exploit in any manner, Your Content in connection with operation and promotion of the Site and any other purposes reasonably related to the Site or our business. In addition to and without limiting any other rights herein (including in the Privacy Policy), you also grant us the rights to (i) de-identify Your Content (i.e., to remove your name and other identifying characteristics, consistent with applicable laws and regulations), (ii) use or disclose de-identified data for any purpose, and (iii) allow us to share de-identified data with third parties.

You agree that we are not responsible for any use or disclosure of Your Content by other users or any third party who gains access to it through the Site (which may include unintended activities by third parties, such as by hackers).

You represent and warrant that you own all proprietary rights in Your Content or, with respect to any of Your Content you do not own, that you have the full authority and right to create, upload, store and/or transmit Your Content, and to grant the licenses and rights you have granted in these Terms, and that your creation, uploading, storage and/or transmission of Your Content, and the exercise by us and other users of the licenses and rights granted by you herein, shall not infringe any third party intellectual property or proprietary rights, nor violate any rights of privacy or publicity, nor be defamatory, libelous, vulgar, profane or obscene, nor violate any law or other right, privilege or interest of any third party.

On termination of your account, or these Terms, we have no obligation to return any of Your Content to you, so you should retain copies of all of Your Content.

Intellectual Property Rights

The Site, the Site Content and the services made available through the Site (including Our Property, as defined below), is the property of, and owned by, Autism Stories or its licensors. All the software, algorithms, functionality, inventions, concepts, text, images, sound, music, videos, marks, logos, compilations, and other content and technology of the Site or otherwise embodied in, displayed through, or provided directly or indirectly (e.g., emails or other communications from us to you) via the Site are “Our Property.” For clarity, any formats, templates, methodologies, rules, algorithms and software used to create Your Content are Our Property. Except as otherwise expressly permitted by these Terms, any use, copying, making derivative works, transmitting, posting, linking, deep linking, framing, redistribution, sale, decompilation, modification, reverse engineering, translation or disassembly of Our Property is prohibited. You acknowledge that Our Property has been created, compiled, developed and maintained by us at great expense of time and money such that misappropriation or unauthorized disclosure or use of Our Property by others for commercial gain would unfairly and irreparably harm us in a manner for which damages would not be an adequate remedy, and you consent to our obtaining injunctive relief to restrain any breach or threatened breach of these Terms, without any requirement to post bond. You may be subject to criminal or civil penalties for violation of this paragraph.

The marks Autism Stories, and any associated logos, are registered or unregistered trademarks or service marks of Autism Stories or its licensors. You may not use them, or any of our other marks or logos, in any manner, including any use that is likely to cause confusion or that disparages or discredits us, without our consent. The Site may also feature the trademarks, service marks, and logos of third parties, and each owner retains all rights in such marks. Any use of such marks, or any others displayed on the Site, will inure solely to the benefit of their respective owners.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

Subject to the terms and conditions herein, we grant you the non-exclusive, limited, revocable right to access and use Our Property solely to the extent necessary for you to access and use the Site for your own personal non-commercial purposes (or in the case of a user that is an organization, for your own internal business purposes, excluding for clarity any right to distribute or otherwise commercialize Your Content per se) (the “Specified Purpose”). We reserve all other rights. For clarity and without limiting other obligations herein, you shall not distribute or otherwise commercialize Our Property. You must not use any part of the content on our Site other than for your Specified Purpose without obtaining a license to do so from us.

No Reliance on Information

The Site Content is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.

Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the Site Content is accurate, complete or up-to-date.

Social Media

From time-to-time, we may offer functionality on the Site permitting you to connect your Member account to your Facebook or other social media accounts (“Social Media Accounts”). If you choose to connect your Member account with any Social Media Accounts, you will be able to take advantage of various social features we may already have or will be creating, as part of the Site, as well as features available on such Social Media Accounts. These features will generally be designed to share information with others. For example, your friends and others who have access to view information about you on Facebook may be able to see (on Facebook and on the Site) that you are a Member of the Site, and other information about your use of the Site. You may also be able to see similar information about your Facebook friends who are users of the Site. Please pay careful attention to your relevant Social Media Account settings in your Member account as well as your privacy settings in your Social Media Accounts which will impact this feature, when available, and may give you some control over the information that is shared and with whom it is shared.

BY CONNECTING YOUR MEMBER ACCOUNT TO ANY SOCIAL MEDIA ACCOUNT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS, INCLUDING TO THE RELEVANT SOCIAL MEDIA ACCOUNT (IN ACCORDANCE WITH YOUR PRIVACY SETTINGS ON SUCH SOCIAL MEDIA ACCOUNT AND YOUR SETTINGS ON YOUR MEMBER ACCOUNT). IF YOU DO NOT WANT INFORMATION ABOUT YOU TO BE SHARED IN THIS MANNER, PLEASE CHANGE YOUR SETTINGS ACCORDINGLY. Autism Stories and social media sites are continually making changes and improvements to this feature, and therefore the available features and information that are shared may change from time to time. These changes may take place without notice to you and may not be described in these Terms.

Feedback

If you provide to us (directly or indirectly, and by any means) any comments, feedback, suggestions, ideas, or other submissions related to the Site (collectively “Feedback”), the Feedback will be the sole property of Autism Stories. We will be entitled to use, reproduce, disclose, publish, distribute, and otherwise exploit in any manner, all Feedback, without restriction and without compensating you in any way. We are and shall be under no obligation to maintain any Feedback in confidence, or to respond to any Feedback.

Warranty Disclaims and Limitation of Liability

THE SITE IS PROVIDED “AS IS”, WITH ALL FAULTS. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; (ii) THAT THE SITE OR OUR PROPERTY WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; AND (iii) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SITE OR OUR PROPERTY. We may pause or interrupt the Site and related services at any time, and you should expect periodic downtime for updates to the Site. No advice or information, whether oral or written, obtained by you from us or through the Site will create any other warranty.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.

The views expressed by other users on our Site do not represent our views or values. We make no representations or warranties as to the conduct of the users of the Site.

UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM US ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF REVENUE, LOSS OF DATA, OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THESE TERMS, THE SITE OR OUR PROPERTY, EVEN IF WE HAVE BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATING TO THESE TERMS, THE SITE OR OUR PROPERTY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNTS PAID BY YOU TO US FOR IN THE PRIOR YEAR (OR, IF YOU ARE A NON-FEE PAYING MEMBER, TO THE AMOUNT OF $10).

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Viruses; Use of the Site

We do not guarantee that our Site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programs and platform in order to access our Site. You should use your own virus protection software.

You must comply with any rules and policies about use of the Site that we publish from time to time. These rules and policies will be available on the Site.

You must not (a) create, upload or transmit Your Content if you do not have the right to do so; (b) create, upload or transmit Your Content or use the Site in any way that would violate any law or the rights of any person; (c) impersonate any person or entity, or forge or manipulate headers to disguise the origin of any of Your Content; (d) except as otherwise expressly permitted by these Terms, harvest or otherwise collect information about others from the Site; (e) take any action that imposes or may impose an unreasonable or disproportionately large load on the Site or its infrastructure, or bypass any measures we may use to prevent or restrict access to any portion of the Site (or other accounts, networks or services connected thereto); (f) use manual or automated software, devices, or other processes to “crawl”, “scrape” or “spider” any of the Site or otherwise to copy, obtain, propagate, distribute or misappropriate any information or other content from the Site, including any of Our Property; (g) distribute or otherwise make available any information or other content obtained through the Site to any third party, except as expressly permitted herein; (h) otherwise interfere in any manner with the use or operation of the Site; or (i) abuse the Site’s message board, comments, ratings or review features or sections.

Your Content must not: (i) be libelous, vulgar, defamatory, threatening, abusive, scandalous, obscene, pornographic or unlawful or encourage a criminal offense; (ii) contain material from other copyrighted works without the written consent of the owner of such copyrighted material; (iii) infringe any copyright or violate any property rights, rights of privacy or publicity, or any other rights of any third party; or (iv) except as otherwise expressly permitted by us in writing, contain any advertising, promotional, solicitation or other commercial material.

You must not misuse our Site by knowingly introducing, and Your Content must not contain, any viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offence. We will report any such breach to relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

We reserve the right (but are under no obligation) to investigate any claim that Your Content or use of the Site does not conform to the terms and conditions of these Terms, and to remove Your Content from the Site or terminate your Member account for breach of these Terms.

Linking to our Site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our Site in any website that is not owned by you.

Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page.

We reserve the right to withdraw linking permission without notice.

Third Party Links and Resources in our Site

Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources. We assume no responsibility for the content of websites linked on our Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Indemnification

You agree to defend, indemnify, and hold us (and our officers, directors, employees and agents), harmless from and against any claims, liabilities, damages, losses and expenses, including without limitation reasonable attorney’s fees and costs, arising from or in any way connected with (i) access to or use of our Site by you and/or any member of your corporate or group membership or (ii) violation by you and/or any member of your corporate or group membership of these Terms or of any third party right (for example but without limitation, an intellectual property right, publicity, confidentiality, property or privacy right). We reserve the right to assume the sole control of the defense and settlement of any claim, action, suit or proceeding for which you are obliged to indemnify us. You will cooperate with us with respect to such defense and settlement.

General

Applicable Law: These Terms, and all disputes or other matters arising therefrom or relating thereto, are governed by the laws of the Cayman Islands. You and we both agree that the Courts of the Cayman Islands will have exclusive jurisdiction.

Severability and Waiver: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue to be of full force and effect. Our election not to enforce (immediately or otherwise) any right or provision of these Terms will not constitute a waiver of such right or provision.

Miscellaneous Provisions: Except as otherwise expressly provided herein, these Terms and the Privacy Policy set forth the entire agreement between us and you regarding the subject matter hereof, and supersede all prior promises, agreements or representations, whether written or oral, regarding such subject matter. Your registration as a Member, these Terms and your rights and obligations hereunder are not assignable, or otherwise transferable or delegable, by you to any third party without our prior written consent in our sole discretion. Any purported assignment, transfer or delegation without such consent will be null and void. We may assign or otherwise transfer or delegate these Terms (including any rights or obligations hereunder), including to any purchaser of our business, from time-to-time in our sole discretion. These Terms will be binding upon and inure to the benefit of the parties’ successors and permitted assigns. As used herein and unless the intent is expressly otherwise in a specific instance, the terms “include,” “includes” or “including” shall not be limiting and “or” shall not be exclusive. Any section headings herein are for convenience only and do not form a part of, and will not be used in the interpretation of, the substantive provisions of these Terms.

Contact Us

To contact us, please email support@autismstories.com.

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