Definitions

• "Foundation" means the Story of My Life Foundation™.
  
  
• "Registered User" means a user who registers with the Website.
  
  
• "User" means either (i) a User of the Website (whether or not a Registered User) not being a Minor, or (ii) a parent, guardian or educational supervisor that has allowed a Minor to visit or use the Website. In case (ii) User will be held legally responsible for the acts of the Minor.
  
  
• "Minor" means any person under the age of 13, (Minors must seek the permission of their parent, guardian or educational supervisor to use the Website).
  
  
• "Website" means the Story of My Life website available (i) via the URL www.storyofmylife.com or (ii) at the URL www.storyofmylifefoundation.org.
  
  
• "Family Member" means any person listed in User’s Family Network as part of User’s Family.
  
  
• "Guardian" means any person(s) listed in User’s profile as being granted access and permissions to User’s site, based on protocol of access and editing rights determined solely by User.
  
  
• "Verified" means a user who has provided a form of proof of identity as specified by the Foundation.
  
  
• "Friend" means any person listed in User’s Friends Network as part of User’s Friends lists or Groups.
  
  
• "Content" means any text, files, images, photos, videos, sounds, music, works of authorship, or any other materials posted to the StoryofMyLife.org Website.
  
  
• "Forever Space" means digital storage, the use of which the Foundation has acquired, and with respect to which the Foundation is obligated to bestow its best endeavor to keep the Story data forever based on the Foundation’s financial strength, technical feasibility and other resources, subject, however, to acts of God or to war, national disaster or other occurrences beyond the control of the Foundation. The will do everything in its power to ensure that data is stored securely in perpetuity.
  
  
• "Future Release Dates" – date beyond the current chronological date User sets for releasing certain files to either limited access or public viewing.
  
  

User License

• User is licensed to access and use the Website solely for personal purposes in accordance with the terms set out in the Terms of Use.
  
  
• Use for commercial purposes and any re-publication of the Website or content on the Website is strictly prohibited and User agrees that the consequences of commercial use or re-publication may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy.
  
  
• Software may be made available in connection with the Website, which User may be permitted to access or download. User may only download, copy, reuse or distribute software provided by the Foundation through its Website where it is clearly stated that such software is made available for offline use and a license for that use is provided in connection with that software.
  
  
• The Foundation’s Website contains Content of StoryofMyLife.org Users that is protected by copyright, trademark, patent, trade secret and other applicable laws. The Foundation owns and retains all rights in the StoryofMyLife.org Website, subject (i) to the rights of Users in Content provided by them and (ii) such rights assigned to third parties by Users in Content provided by them. The Foundation shall have no obligation to honor or recognize any rights assigned to third parties by Users in Content provided by them unless the Users describe such rights and the parties to whom they are assigned and the Foundation reserves the right to refuse, in its sole and absolute discretion, to accept User Content subject to third-party rights. StoryofMyLife.org hereby grants the User a limited, revocable, nonsublicensable license to reproduce and display the StoryofMyLife.org Content, excluding StoryofMyLife.org software code, solely for User’s personal use in connection with viewing the StoryofMyLife.org Websites.
  
  

Proprietary Rights in Content

• The Foundation does not claim ownership rights to Content posted by a User to the Foundation’s Website. After posting Content to the Website, the User maintains ownership rights of such Content. By publishing Content on the Website, User grants to StoryofMyLife.org a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Foundation’s Website.
  
  
• The license User grants to StoryofMyLife.org is non-exclusive where the User is not restricted in licensing Content elsewhere, is duty-free and royalty-free to the Foundation, is sublicensable to appropriate service providers, and international.
  
  
• User agrees and warrants that all Content posted to the Foundation Website is owned by the User (subject to such third party rights as User may have granted and as are acceptable to Foundation) and does not violate any copyrights, fees, or other ownership claims and the Foundation is not held responsible for any fees, dues, royalties or other owed by any third party for Content posted by User. If any Content posted to the Foundation Website by the User is subject to third party rights acceptable to Foundation, User agrees and represents that such Content has been posted in accordance with, and does not violate, any such third party rights.
  
  
• It is the intention of the Foundation to make the permanent Stories available in perpetuity through its Website or otherwise, and the Foundation shall take reasonable measures to protect and preserve the content submitted by User.
  
  
• All intellectual property rights in and relating to the Foundation Website and the content displayed on the Website (other than contributions of Users) are owned by the Foundation or by the Foundation’s third-party licensor.
  
  
• User warrants that all personal information about persons other than User that User posts is posted with the full consent of those others and that such posting is otherwise lawful in all respects.
  
  
• User’s profile must describe User, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual who is not the User.
  
  
• User is solely responsible for all content that User posts to the Website. User may not post, and the Foundation may in its absolute discretion remove, any content that the Foundation believes:
  
  
• constitutes pornography or is otherwise obscene, indecent, sexually explicit, morally repugnant, or harmful to minors;
  
  
• is defamatory of a real or legal person, or of goods or services;
  
  
• violates a person's privacy or other rights relating to personal information;
  
  
• depicts violence, incites violence, threatens violence, contains harassing content, hate speech, or incites racial or ethnic hatred;
  
  
• is blasphemous or incites religious hatred;
  
  
• impersonates or falsely attributes material to any person or entity;
  
  
• discloses confidential or proprietary information of another person;
  
  
• is discriminatory in any way, including by way of sex, race or age discrimination;
  
  
• might infringe another person's copyright, trade or service mark, patent, or other intellectual property right;
  
  
• creates a risk to safety or health, or compromises national security or official secrets;
  
  
• deems to be, offensive, immoral or illegal;
  
  
• is otherwise malicious, fraudulent, or may result in the reputation of the Website or the Foundation being damaged;
  
  
• is otherwise illegal or solicits conduct that is illegal under laws applicable to User or to the Foundation;
  
  
• otherwise violates the Terms of Use.
  
  
• The following is a partial list of the kind of Content that is illegal or prohibited on the Web site. The Foundation reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Website and terminating the membership of the violators. It includes Content that:
  
  
• is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  
  
• harasses or advocates harassment of another person;
  
  
• involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
  
  
• promotes information that the User knows is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  
  
• promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  
  
• contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  
  
• displays pornographic or sexually explicit material of any kind;
  
  
• provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
  
  
• provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  
  
• solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
  
  
• engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
  
  
• User must not upload, post or otherwise transmit to the Websites any material that contains software viruses or any other computer code, files or programs that might interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or do any other act which causes or contributes to the same.
  
  
• Upon submission of content to the Website by User, the text may be automatically screened using dictionary software for detecting indecent or offensive words.
  
  
• Any content submitted by User that is deemed to be in breach of the Terms of Use will result in the content being removed, even if User has made the requisite contribution to the Foundation for perpetual storage of Content.
  
  
• Activity that is brought to the Foundation’s attention, which appears in its sole judgment to violate the law, may be brought to the attention of the proper authorities.
  
  

Non-Commercial Use by Members

• The Foundation’s Website is dedicated exclusively to furtherance of the Foundation’s tax-exempt purposes and may not be used in connection with any commercial endeavors. Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation will be removed from User profiles without notice and may result in termination of User privileges. Appropriate legal action will be taken by or at the behest of the Foundation for any illegal or unauthorized use of the Website.
  
  

Communications with Users

• The Foundation and its third party licensor may send User communications, such as service announcements, administrative messages and a Newsletter. It is a condition of becoming and remaining a Registered User that User agrees to receive these communications
  
  

No Warranty; Liability and Indemnity

• The Foundation provides all content in the Website "AS IS" and without any warranty of any nature whatsoever, nor (without prejudice to the comprehensive nature of the foregoing) does the Foundation make any representations concerning the suitability, reliability or accuracy for any purpose of the Websites or the contents of the Websites.
  
  
• The Foundation shall be liable in contract, tort (including negligence), or otherwise, for direct, consequential, indirect, or punitive loss or damages, or loss of or damage to data, or for pure economic loss, regardless of whether any such loss or damage would arise in the ordinary course of events or otherwise or is reasonably foreseeable or is otherwise in the contemplation of the parties. In addition, the Foundation can not be held liable for any content that is posted by Users to the Website. User acknowledges and agrees that it would not be possible for all such content to be perfectly screened, and User agrees to take the risk that content may be posted which violates User’s rights or contains errors or inaccuracies, without any recourse against the Foundation.
  
  
• User will indemnify the Foundation from and against any damage, whether direct, indirect or consequential, loss of data, restriction or loss of access or technical errors resulting from User’s actions (including resulting from the content posted by User or otherwise on the Website).
  
  
• User will indemnify the Foundation from and against any liability if, as a result of any action of User, Foundation infringes upon any patent or copyright.
  
  
• Any material obtained through the use of the Website is obtained at User’s own risk and User is solely responsible for any damage to or the destruction of User’s computer system or loss of data or any other damage whatsoever that results from the download of any such material in its original form or as a result of any virus infection.
  
  
• Nothing in the Terms of Use limits the Foundation's liability for anything which may not be limited under the law applicable to the Terms of Use. Any statutory rights User may have under consumer protection legislation remain unaffected.
  
  
• In some jurisdictions, limitation or exclusion of liability is only permitted where such limitation is fair and/or reasonable. The Foundation provides a comprehensive, public-welfare service at a minimal cost and, having considered all matters, User agrees that the limitations of liability set out in the Terms of Use are fair and reasonable.
  
  
• If User is dissatisfied with the Website, or does not agree to any of the terms of the Terms of Use, User’s sole and exclusive remedy is to discontinue using the Websites.
  
  

Minors

• The consent of a parent, guardian or educational supervisor shall be required before any Minor can use the Website. Use of any part of the Website is confirmation that the person is an adult or is a Minor who has received permission from a parent, guardian or educational supervisor to use the Websites.
  
  
• The consent of a parent, guardian or educational supervisor shall also be required before any Minor can become a Registered User.
  
  
• The Foundation can not be held responsible for misuse of a Registered User's invitations; nor shall they be held liable in the event that a Minor falsely claims to be 13 or over.
  
  

Registration and Security

• As part of the registration process, User will select a password and choose a unique User ID which will be used for User’s site. User must provide the Foundation with accurate, complete, and updated personal registration information. User must not use a web address that the Foundation Inc., in its discretion, deems offensive or otherwise inappropriate.
  
  
• User shall notify the Foundation immediately of any known or suspected unauthorized use(s) of User’s site, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of User’s password or credit card information. User will be responsible for maintaining the confidentiality of User’s password. User acknowledges and agrees that under no circumstances can the Foundation be held liable for any acts or omissions by a Registered or other User of the Websites.
  
  

Sites and Sponsorship Fees

• Subject to the terms of the Terms of Use, the sites created by Registered Users via the Website are available to be viewed online at no charge.
  
  
• All active sites can be edited by the User without charge at any time.
  
  

Termination

• The Foundation shall have the right to edit or delete User’s content and/or terminate the Terms of Use, and/or User’s access to the Website, at any time without notice in the event that:
  
  
• User breaches any term of the Terms of Use;
  
  
• technical or other issues mean that it is no longer possible for the Foundation to continue to operate the Websites in whole or part.
  
  
• A Registered User may at any time ask the Foundation to delete without charge a site created by that User.
  
  
• Upon termination of the Terms of Use or access to the Websites (for whatever reason), there shall be no refund of money paid to the Foundation..
  
  

U.S. Export Controls

• Software from this Website (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
  
  

General

• The parties agree to refer disputes of any sort whatsoever, arising out of or relating in any way to the subject matter of this agreement, that cannot be resolved through initial online mechanisms, to arbitration in California by a sole arbitrator agreed by the parties or in default of agreement, appointed by the President of the California State Bar Association. Nothing in this Clause shall prevent the Foundation from seeking injunctive relief.
  
  
• Correspondence must be sent by post to:
  Story of My Life Foundation
  3478 Buskirk Ave Suite 1000
  Pleasant Hill, CA 94523
  or Or Contact us online.
  
  
• The Terms of Use, which incorporates our Privacy Policy, constitutes the whole of the legal contract between User and the Foundation.
  
  
• Subject to mandatory national law to the contrary, the Terms of Use shall be governed by and construed in accordance with the law of the State of California.
  
  
• In the event that any term of this agreement is held to be invalid or unenforceable by any arbitration, or other binding decision, the remainder of this agreement shall remain valid and enforceable.
  
  
• User may not without the written consent of the Foundation assign, license or subcontract this agreement or any of User’s rights or obligations under it.
  
  
• The Foundation reserves the right to update and change the Terms of Use from time to time without notice or acceptance by User. If any portion of this agreement or any change of this agreement of the Websites is unacceptable to User or will cause User to no longer be in compliance with the agreement, User may discontinue use of the Websites at any time. Continued use of the Website now or following changes in this agreement implies that User has read, accepted and are bound by the changes.
  
  
• The Foundation shall not file a specific copy of the Terms of Use with User.
  
  
• The Terms of Use are only available in English.