The following Terms of Service (the “Terms of Service”) apply to your use of all HiHo.Video websites, mobile applications, and other products and services owned, controlled, operated, or hosted (whether now or in the future) by StoryBots, Inc. and/or its corporate affiliates, parents or subsidiaries (collectively referred to herein, solely for ease of reference as “StoryBots”, “us” or “we”), including but not limited to HiHo.Video, and all related applications, services, tools, software, and functionalities (collectively the “HiHo.Video Services”).
IMPORTANT NOTE: THE FOLLOWING TERMS OF SERVICE CONTAIN PROVISIONS THAT REQUIRE YOU TO RESOLVE ANY DISPUTE WITH US THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION. PLEASE SEE SECTION 22 (Binding Arbitration And Class Action Waiver) OF THE FOLLOWING TERMS OF SERVICE FOR DETAILS.
Last Updated: July 22, 2019
Welcome to HiHo.Video!
StoryBots, Inc. ("StoryBots," "we," or “us”) is a Delaware corporation that allows Adults to submit or record Auditions of their minor children through the HiHo.Video Services to be considered for possible incorporation into one of more of our productions.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS AND AN ARBITRATION CLAUSE IN SECTION 22 THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
1. CERTAIN DEFINITIONS:
As used herein, the following capitalized terms shall have the meanings set forth as follows:
- “Auditions” means any and all Content which Parents submit, record, stream, distribute, or otherwise make available through the HiHo.Video Services, but excluding any and all HiHo.Video Content.
- "Content" means and includes, without limitation, photos, images, artwork, graphics, videos, audios, animations, text, editorials, comments, writings, personal information, music, liner notes, lyrics, and other elements and materials, in any media or format now known or hereinafter devised, whether physical, electronic, digital, analog, or otherwise.
- "Licensors/Suppliers" means any and all third parties that make available to StoryBots (pursuant to a license or otherwise) their proprietary Content, products, or services for use, deployment, display, performance, and/or distribution via the HiHo.Video Services. For the avoidance of doubt, the term "Licensors/Suppliers" includes third parties that place, display, or distribute their advertising, promotional, or sponsorship Content on the HiHo.Video Services. Please click here to view the special notices and disclaimers regarding our current Licensors/Suppliers.
- "HiHo.Video Content" means any and all Content made available through the HiHo.Video Services, including Content owned or controlled by us and/or our corporate affiliates, as well as Content licensed or otherwise provided to us by Licensors/Suppliers, but excluding any and all Auditions.
- "Trademarks" means any and all marks, brands, logos, designs, character names, location names, slogans, catch words and phrases, business names, trade names, trade dress, packaging designs, label designs, webpage layouts, look and feel, and other indicia of source, origin, or identification, owned or controlled by StoryBots, its corporate affiliates, and/or Licensors/Suppliers. Any and all Trademarks owned or controlled by StoryBots and/or its corporate affiliates, including, without limitation, the HiHo.Video name and logo, and the layout and design of the websites and mobile applications, are referred to hereinafter as "HiHo.Video Trademarks"; and any and all Trademarks owned or controlled by Licensors/Suppliers, including, without limitation, those listed in our Legal Notices (click here), are referred to hereinafter as "Licensors/Suppliers Trademarks."
These Terms of Service shall remain in full force and effect for as long as you use any of the HiHo.Video Services, whether as a Visitor or Parent (the “Term”). You may terminate your account at any time and for any reason by emailing us at firstname.lastname@example.org. We may terminate your account at any time and for any reason, effective immediately upon sending notice to you at the email address you provided during the account set-up process, or such other email address as you may subsequently provide to us. Even after your account is terminated, these Terms of Service will remain in full force and effect.
Notwithstanding the foregoing, you acknowledge that once you submit Auditions through the HiHo.Video Services, all of the intellectual property rights for such Auditions, as granted in these Terms of Service, shall extend in perpetuity, meaning that we will have the perpetual right throughout the world to exploit such Auditions in any and all media now known or hereafter devised in accordance with these Terms of Service.
Use of the HiHo.Video Services is void where prohibited by law.
By signing up as a Parent through the HiHo.Video Services, you represent and warrant that: (i) all registration information submitted directly by you is truthful and accurate and you agree to maintain the accuracy of such information; (ii) you are at least 18 years of age; (iii) your use of the HiHo.Video Services does not violate any applicable law or regulation; and (iv) you will ensure that any child or student authorized by you to use and access the HiHo.Video Services does so in accordance with these Terms of Service.
Additionally, by submitting Auditions through the HiHo.Video Services, you also represent and warrant that: (i) you are the parent or legal guardian of any minor child who appears in your Auditions; (ii) that you are a resident of the United States; and (iii) that you have read and fully understand all the terms and conditions (and their legal effect) of these Terms of Service.
Your account information and data may be deleted without warning if it is discovered that you have misrepresented your age or any other account data. We may, in our sole discretion, refuse to offer the HiHo.Video Services to any user or entity that does not meet our eligibility criteria and we retain the right to change such eligibility criteria at any time.
4. USER CONDUCT:
We’re happy to provide our services to you, but you need to do your part as well. All HiHo.Video Content and HiHo.Video Services are solely for your personal use, and corporate or commercial use is expressly prohibited. You are solely responsible for all Auditions submitted by you or through your account with us, including any email messages, and for all your interactions with other users. Your commitment to this agreement is extremely important.
We want all our users to feel safe while using our services and we ask that you act responsibly in a manner demonstrating the exercise of good judgment. For example and without limitation, you agree not to: (i) violate any applicable law or regulation; (ii) submit or upload any materials that conflict with any of your representations and warranties set forth in Section 11 of these Terms of Service; (iii) infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity, and/or contractual rights; (iv) use any content or information available through the HiHo.Video Services for any unauthorized purpose; (v) mislead users as to the features, functionality, origin, or capabilities of the HiHo.Video Services; (vi) interfere with or damage any of the HiHo.Video Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing of electronic mail address information, or similar methods or technology; (vii) use any of the HiHo.Video Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others, personal contact information, or account numbers, or any defamatory materials of any kind, except where you have obtained express permission from such other person or entity in connection with any of the foregoing; (viii) use any of the HiHo.Video Services in connection with the distribution of unsolicited commercial e-mail (“Spam”) or advertisements; (ix) “stalk” or harass any other user of the HiHo.Video Services; (x) collect or store any information about any other user other than in the course of the permitted use of the HiHo.Video Services; (xi) use any of the HiHo.Video Services for any commercial purpose whatsoever (including, without limitation, to research, advertise, market, promote, sell, or otherwise exploit any product or service); (xii) sell or otherwise transfer any user information (e.g., user profiles); or (xii) assist any third party in doing any of the foregoing.
If StoryBots determines, in its sole discretion, that you are in violation of any of the foregoing and/or are a repeat infringer of third-party intellectual property rights, StoryBots will terminate your account and prohibit you from creating new accounts through the HiHo.Video Services. You are solely responsible for any interactions with other users of the HiHo.Video Services. StoryBots takes no responsibility for any damage or harm resulting from your interactions with other users of the HiHo.Video Services. StoryBots reserves the right, but shall have no obligation, to monitor interactions between you and other users of the HiHo.Video Services and take any action in good faith to restrict access to or the availability of any material that StoryBots or another user of the HiHo.Video Services may consider to be obscene, lewd, defamatory, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.
Your StoryBots account may NOT include any photographs that contain nudity, violence, or offensive subject matter, as determined in StoryBots’ sole discretion. Information provided by other users of the HiHo.Video Services may contain inaccurate, inappropriate, and/or offensive material, and StoryBots assumes no responsibility or liability for this material.
Your privacy is extremely important to us. The HiHo.Video Services allow, among other things, Parents to submit or record Auditions which may include personal content. Accordingly, by submitting personal content through any of the HiHo.Video Services, you hereby waive any and all privacy expectations (including the privacy expectations of your children, students, or any other individual who appears in the submitted content) with respect to our use of such content. If you do not wish to have personal content viewable by others, you should not use the HiHo.Video Services.
The HiHo.Video Services are designed for joint participation by Parents and their children. Children should only access and use the HiHo.Video Services with the participation and supervision of their parents or legal guardians. Only Parents are allowed to create accounts and profiles and post personal content on such sites and services, and StoryBots does not knowingly collect personal information directly from children on such sites and services.
6. GRANT OF RIGHTS/OWNERSHIP:
For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged:
- You hereby irrevocably and unconditionally grant to StoryBots and its successors, assigns and licensees the perpetual, sublicensable, transferable, assignable, fully paid-up, royalty-free, worldwide right to: (a) use, edit, reproduce, publicly display, publicly perform, exhibit, broadcast, transmit, publish and distribute any and all of your submitted or recorded Auditions, including the right to use names, likenesses, voices, appearances, actions, conversations and other characteristics, mannerisms and elements of identity embodied therein (collectively, an individual’s “Likeness”) and other personally identifiable elements of any of your minor child/children featured in such Auditions, as contained, mentioned, depicted or otherwise represented in your Auditions; (b) edit your Auditions, in whole or in part, at StoryBots’ sole discretion and to include your Auditions with those of others and with sound effects, special effects, music and/or other content; (c) incorporate, at StoryBots’ sole discretion, your Auditions, in whole or in part, edited or unedited, into one or more of StoryBots’ productions; and (d) use and exploit, and authorize others to use and exploit, your Auditions in any manner, media, processes and/or technology whatsoever (whether now known or hereafter devised), including, without limitation, unrestricted use for publicity, advertising, sales promotion, commercial tie-ins, and merchandising;
- You hereby irrevocably and unconditionally grant to StoryBots and its successors, assigns and licensees the exclusive rights, throughout the universe and in perpetuity, to use, copy, reproduce, publish, distribute (by sale, rental, lease, or otherwise), broadcast, exhibit, stream, transmit, communicate to the public, make available to the public, publicly perform, publicly display, edit, modify, adapt, prepare and distribute derivative works based upon (including, without limitation, translations, highlights and excerpts thereof), market, advertise, promote, publicize, merchandise, and otherwise exploit (either directly or through others) your Auditions, in whole or in part, in any and all languages, and via any and all media now known or hereafter devised (including, without limitation, the Internet, mobile, wireless, television, radio, theatrical, home video, pre-recorded optical and other storage media, electronic and digital downloads, and print media), as StoryBots may determine in its sole discretion and with no further obligation to your minor child or you;
- You hereby irrevocably and unconditionally grant to StoryBots the right (but not the obligation) to utilize (or allow others to utilize) your and your minor children’s Likenesses and any and all information supplied by or about you or your minor children, including biographical information and/or other materials you may provide, as well as other information StoryBots may have received from other sources in whole or in part, in any and all languages, and via any and all media now known or hereafter devised (including, without limitation, the Internet, mobile, wireless, television, radio, theatrical, home video, pre-recorded optical and other storage media, electronic and digital downloads, and print media), as StoryBots may determine in its sole discretion and with no further obligation to your minor child or you. Without limiting the generality of the foregoing, StoryBots shall have the right to add to, subtract from, create derivative works based on, change, revise, rearrange or otherwise edit you and your minor children’s Likenesses. These Terms of Service are non-union, and you acknowledge and agree that the production of the Auditions hereunder shall not be subject to the terms of any collective bargaining agreement;
- You hereby irrevocably and unconditionally acknowledge and agree that neither any of your minor children nor you shall be entitled to any notice or compensation, or any right of credit, approval, consent, inspection or audit, with respect to any use or exploitation of your Auditions or any recordings thereof by StoryBots, its licensees, successors and assigns, and to the maximum extent possible, you hereby expressly waive in perpetuity any and all rights you or any of your minor children may have or claim to have under any law relating to “moral rights of authors” or any similar law that your minor child may have with respect to your Auditions throughout the universe, or as a result of any alleged violation of such rights. You and your minor children agree not to institute any action on the ground that any changes, deletions, additions, or other use of the Auditions violate such rights.
You acknowledge and agree that, as between StoryBots and you, StoryBots and/or its Licensors/Suppliers (as the case may be) are, and shall at all times remain, the sole and exclusive owner(s) of all right, title, and interest (including, without limitation, copyright) in and to the HiHo.Video Services, all Trademarks, and all HiHo.Video Content, and that your right to use the HiHo.Video Services, Trademarks, and HiHo.Video Content, as set forth herein, shall be for personal, non-commercial use only and shall not in any way transfer or convey any ownership rights or other proprietary interests therein to you.
7. UNSOLICITED USER SUBMISSIONS:
StoryBots does not solicit user submissions of content/product/service/business ideas, concepts, suggestions, or proposals, including, without limitation, stories, scripts, fan fictions, characters, designs, drawings, or artwork. We ask that you do not make unsolicited submissions to us. If you do make an unsolicited submission to us, however, you expressly acknowledge and agree that: (i) your submission is not being made in confidence or in trust, and no contractual, fiduciary, or confidential relationship of any kind (whether express or implied) is created between you and StoryBots by reason of your submission; (ii) StoryBots and its affiliates, licensees, successors, and assigns will be free (with no obligation) to use your submission for any purpose and in any format or medium, and StoryBots and its affiliates, licensees, successors, and assigns will have no obligation or liability to you whatsoever, and you will have no right or claim to any compensation, payment, credit, attribution, notice, approval, or inspection of any kind whatsoever with respect to any such use; (iii) StoryBots or third parties may have independently developed, or may hereafter independently develop Content or material that is similar to your submission, and any similarity between your submission and any HiHo.Video Content or material or production is purely coincidental; (iv) your submission is not returnable and may be retained indefinitely by StoryBots and its affiliates, licensees, successors, and assigns; (v) to the extent your submission includes any idea, concept, recommendation, suggestion, or proposal for a prospective product or service name, mark, logo, slogan, tagline, domain name, or other source identifier, StoryBots and its affiliates, licensees, successors, and assigns will be free (with no obligation) to adopt, use, register, and license to others such name, mark, logo, slogan, tagline, domain name, or other source identifier (including any variation thereof) for and in connection with their businesses throughout the world in perpetuity, and will have sole ownership of all statutory and common law trademark rights and all associated goodwill resulting from such adoption, use, registration, and licensing; and (vi) you waive the right to assert against StoryBots and its affiliates, licensees, successors and assigns, and you release and forever discharge StoryBots and its affiliates, licensees, successors and assigns from, any and all claims and damages based upon or relating to your submission, including, without limitation, claims and damages for copyright infringement, trademark infringement, invasion of privacy, violation of the right of publicity, defamation, libel, false light, unfair competition, unjust enrichment, idea theft, idea misappropriation, breach of implied contract, breach of fiduciary duty, and/or breach of confidence or trust.
8. THIRD-PARTY CONTENT & SITES:
The HiHo.Video Services may contain Content of third parties, including Content provided by Licensors/Suppliers and users (collectively “Third-party Content”), as well as links to third-party web sites (“Third-party Sites”). StoryBots does not control Third-party Content and Third-party Sites and makes no representations or warranties about them. You understand that by using the HiHo.Video Services, you may be exposed to Third-party Content or Third-party Sites that are false, offensive, indecent, or otherwise objectionable. Under no circumstances will StoryBots be liable in any way for any Third-party Content or Third-party Sites, including, without limitation, any errors or omissions in any Third-party Content or Third-party Sites or any loss or damage of any kind incurred as a result of the use of any Third-party Content or Third-party Sites. You agree to bear all risks associated with using or relying upon Third-party Content or Third-party Sites, including without limitation, profiles of other users.
9. PROPRIETARY RIGHTS:
You acknowledge and agree that all HiHo.Video Services, Trademarks, and HiHo.Video Content are the property of StoryBots and/or Licensors/Suppliers (as the case may be) and are protected by rights of publicity, copyright, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by StoryBots and/or Licensors/Suppliers (as applicable), you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from, any Trademark or HiHo.Video Content, or otherwise use any Trademark or HiHo.Video Content in any way. You also agree not to retrieve data or other content or any materials from the HiHo.Video Services to create or compile, directly or indirectly, a collection, compilation, database, directory or the like, whether by manual methods, through the use of “bots,” or otherwise. You further agree not to use any Trademark or HiHo.Video Content as metatags on other web sites. Moreover, you agree not to display any of the HiHo.Video Services in a frame (or any of our content via in-line links) without our express written permission.
10. USERNAME AND PASSWORD:
Parents will select a username and password when completing the registration process. You are solely and fully responsible for maintaining the confidentiality of your username and password for accessing the HiHo.Video Services and will be solely and fully responsible for all activities that occur under that account. You agree to (a) immediately notify StoryBots of any unauthorized use of your username and password or any other breach of security and (b) log off from your account at the end of each session. StoryBots cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 10.
11. REPRESENTATIONS AND WARRANTIES:
By submitting Auditions through the HiHo.Video Services, you represent and warrant that:
- you have the full right and power to enter into and perform these Terms of Service and to grant StoryBots and Licensors/Suppliers all rights to use your Auditions (including the individuals’ Likenesses embodied therein) as contemplated in these Terms of Service, including, without limitation, the grant of rights in Section 6 of these Terms of Service, and that no one else’s permission is required with respect to the rights granted herein;
- you exclusively own and/or control all right, title, and interest (including, without limitation, copyright) in and to your Auditions, and have secured all necessary third-party consents, rights, licenses, and permissions, if any, required in order for you to enter into and perform these Terms of Service and to grant StoryBots and Licensors/Suppliers all rights to use your Auditions (including the individuals’ Likenesses embodied therein) as contemplated in these Terms of Service (including, without limitation, consents, and permissions from owners of any elements that are used or otherwise incorporated into your Auditions);
- your Auditions (and StoryBots’ use thereof as contemplated under these Terms of Service) do not and will not infringe on any rights of any third party, including any trademark, copyright, patent, trade secret, right of privacy or publicity, or moral rights of any third party;
- you are the parent or legal guardian of any minor child that appears in your Auditions and acknowledge and agree that you have read these Terms of Service (including, without limitation, the release in Section 12 of these Terms of Service), you are satisfied that the release herein is fair and equitable, and both your minor child and you shall be legally bound by these Terms of Service;
- you hereby give your express consent to these Terms of Service by your child/ward and will not revoke your consent at any time and hereby fully and unconditionally guarantee the performance of your child/ward’s obligations and the grant or rights in and to the results and proceeds of your child/ward’s activities as set forth herein;
- you are a resident of the United States;
- all information that you have provided or will provide to StoryBots is true and complete;
- your Auditions do not and will not violate any law, statute, ordinance, or regulation;
- your Auditions do not and will not: (i) be defamatory, libelous, slanderous, or threatening; (ii) contain sexually explicit content that is pornographic, obscene, harmful to minors or constitute violations of child pornography or child sexual exploitation laws; (iii) denigrate any ethnic, racial, sexual, or religious group by stereotypical depiction or otherwise; (iv) exploit images or the likeness of any individual other than yourself (except where you have obtained express permission from such other individual(s) for such exploitation); (v) encourage or otherwise depict glamorized drug use; (vi) make use of offensive language or images; (vii) promote physical harm of any kind against any individual or group or characterize violence as acceptable, glamorous, or desirable; (viii) contain your or any other individual’s personal contact information; (ix) promote 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; (x) provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (xi) solicit passwords or personal identifying information for commercial or unlawful purposes from other users; and/or (xii) engage in any commercial activities whatsoever and/or sales without our prior written consent; and
- your Auditions do not and will not contain any viruses or other programming routines that may detrimentally interfere with computer systems or data, whether those of StoryBots or any third party.
12. RELEASE OF CLAIMS
You and your minor children hereby forever release and discharge (to the fullest extent permitted by applicable laws) StoryBots, its parents, subsidiaries, affiliates, licensees, successors and assigns, and their respective officers, directors, employees, agents and representatives (the “Released Parties”) from any and all claims, demands, causes of action, liabilities and damages of any kind or nature arising from, based upon or related to any use or exploitation of your Auditions or any recordings thereof, including, without limitation, those for libel, defamation, invasion of privacy, false light, violation of right of publicity, infringement of copyright, or violation of any other personal or property right (collectively, “Claims”) and agree that you will not now or in the future assert of maintain any Claims against the Released Parties. In no event may you terminate the rights granted hereunder, or seek or obtain injunctive relief or other equitable relief with respect to the rights granted hereunder or the Auditions, or the advertising, marketing or promotion of the Auditions.
13. USER DISPUTES:
It is important to keep in mind that you are solely responsible for your interactions with other users. StoryBots reserves the right, but has no obligation, to monitor disputes between you and other users.
14. DOWNLOADABLE ITEMS; COLLABORATIVE CONTENT:
To the extent that StoryBots makes any applications, software, or functionalities available for download or use through any of the HiHo.Video Services (the "Downloadable Items"), such Downloadable Items are the copyrighted work (as between you and StoryBots) of StoryBots and/or its Licensors/Suppliers. Your use of the Downloadable Items may be governed by additional terms and conditions, which may be included with the Downloadable Items. Please carefully read any such additional terms and conditions to determine the full extent of conditions governing the use of such Downloadable Items.
If you install a Downloadable Item that is a software application, you consent to the download of such software to your computer or device and accept these Terms of Service and any additional terms and conditions related to such software application. You also agree that any Downloadable Items you obtain from any of the HiHo.Video Services (whether for free or for a fee) are only provided to you for your personal, non-commercial use and are not meant for you to further distribute.
You agree to defend, indemnify, reimburse, and hold StoryBots and its parents, subsidiaries and affiliated entities, its Licensors/Suppliers, and its and their respective members, managers, officers, directors, representatives, employees, agents, successors, designees, licensees, sublicensees, and assigns harmless from and against any and all liability, loss, damages, judgments, costs, and expenses (including reasonable attorney’s fees, costs and expenses, and court costs) arising out of or related to: (i) your use of the HiHo.Video Services; (ii) StoryBots’ use of your Auditions; (iii) any breach or alleged breach of your representations and warranties and/or any breach, alleged breach, or violation of the notices, terms, and conditions hereof; and (iv) your violation or alleged or threatened violation of any laws, rules or regulations, or any rights of a third party, including, without limitation, any trademark, copyright, patent, trade secret, defamation, right of privacy or publicity, or moral rights of any third party, arising from the submission and/or use of your Auditions as contemplated hereunder.
16. STORYBOTS’ PERFORMANCE:
StoryBots strives to provide you with the best possible experience, but we can’t guarantee that there will be no errors or interruptions on our end. You acknowledge and agree that the operation of the HiHo.Video Services may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and StoryBots shall not be responsible to you or others for any such interruptions, errors, or problems or an outright discontinuance of the HiHo.Video Services. There are no assurances whatsoever that any of your Auditions, or any part or element thereof, shall actually be utilized through any of the HiHo.Video Services or if so utilized continue to be available for any particular time. StoryBots has the right, in StoryBots’ sole and absolute discretion, to remove from the HiHo.Video Services at any time your Auditions or any part thereof and/or to revoke any sublicense granted by StoryBots to any affiliate or unaffiliated third party. Notwithstanding the foregoing, StoryBots does not control the content of any Auditions and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content submitted to the HiHo.Video Services. The HiHo.Video Services may be discontinued at any time, with or without reason and without any liability to you or to any third party for any modification or discontinuance of the HiHo.Video Services.
17. NO WARRANTY:
ALL OF THE HIHO.VIDEO SERVICES AND HIHO.VIDEO CONTENT ARE PROVIDED ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STORYBOTS AND ITS LICENSORS/SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: UNINTERRUPTED OR CONTINUOUS AVAILABILITY OF THE HIHO.VIDEO SERVICES, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE HIHO.VIDEO SERVICES.
IN ADDITION, ALTHOUGH STORYBOTS INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS INTO THE HIHO.VIDEO SERVICES, AND WHETHER OR NOT STORYBOTS IMPLEMENTS THE AFOREMENTIONED REASONABLE PROTECTIONS, STORYBOTS DOES NOT WARRANT THAT THE HIHO.VIDEO SERVICES, ANY PART THEREOF, OR ANY INFORMATION OR OTHER MATERIAL ACCESSIBLE THROUGH THE HIHO.VIDEO SERVICES IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS OF SERVICE.
BY ACCESSING OR USING ANY OF THE HIHO.VIDEO SERVICES, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE SUCH HIHO.VIDEO SERVICES.
18. NO LIABILITY FOR THIRD-PARTY USE:
STORYBOTS DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY USE OF THE AUDITIONS MADE AVAILABLE THROUGH THE HIHO.VIDEO SERVICES BY YOU PURSUANT TO THESE TERMS OF SERVICE. YOU SHALL BE SOLELY RESPONSIBLE FOR SEEKING RELIEF FOR ANY UNAUTHORIZED USE OF YOUR AUDITIONS BY A THIRD PARTY AND NOT FROM STORYBOTS OR ANY OF ITS LICENSORS/SUPPLIERS. THIS MEANS, AMONG OTHER THINGS, THAT IF ANOTHER PERSON OBTAINS YOUR AUDITIONS FROM STORYBOTS (WHETHER OR NOT WITH STORYBOTS’ PERMISSION) AND USES THOSE MATERIALS IN A WAY NOT AUTHORIZED PURSUANT TO THE LICENSES GRANTED HEREUNDER, YOU WILL SEEK REDRESS FROM THAT OTHER PERSON AND NOT FROM STORYBOTS OR ANY OF ITS LICENSORS/SUPPLIERS, AND THAT YOU WILL NOT HOLD STORYBOTS OR ANY OF ITS LICENSORS/SUPPLIERS RESPONSIBLE OR LIABLE FOR SUCH UNAUTHORIZED USE.
19. EXCLUSION OF DAMAGES:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT (INCLUDING NEGLIGENCE) SHALL STORYBOTS, ITS OFFICERS, DIRECTORS, MEMBERS, PARENTS, AFFILIATES, SUBSIDIARIES, LICENSEES, ASSIGNS, SUCCESSORS, AGENTS, REPRESENTATIVES, EMPLOYEES, OR LICENSORS/SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY AND DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS, INCIDENTIAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES), WHETHER OR NOT STORYBOTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR THE USE OR PERFORMANCE OF THE HIHO.VIDEO SERVICES. IN NO EVENT SHALL STORYBOTS’ TOTAL LIABILITY TO YOU UNDER THESE TERMS OF SERVICE FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY EXCEED $200.00 USD. YOU EXPRESSLY WAIVE ANY AND ALL RIGHT TO SEEK OR OBTAIN EQUITABLE OR INJUNCTIVE RELIEF RELATING IN ANY WAY TO THESE TERMS OF SERVICE, THE HIHO.VIDEO SERVICES, AND/OR ANY AUDITIONS (INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO ANY USE OF YOUR AUDITIONS BY STORYBOTS). THE PARTIES ACKNOWLEDGE AND AGREE THAT STORYBOTS HAS ENTERED INTO THESE TERMS OF SERVICE IN RELIANCE ON THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN, WHICH ALLOCATE THE RISK BETWEEN YOU AND STORYBOTS AND FORM THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.
20. EXPORT CONTROLS:
Software made available through the HiHo.Video Services (the "Software") is further subject to United States export controls. No Software may be downloaded through the HiHo.Video Services or otherwise exported or re-exported (a) into (or to a national or resident of) any Country to which the U.S. has embargoed goods or (b) 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.
21. GOVERNING LAW, VENUE, AND JURISDICTION:
You and StoryBots each agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern your use and purchase of products and services, these Terms of Service, and any dispute of any sort that might arise between you and StoryBots or any of our affiliates. Without limiting the generality of the preceding sentence, the United States Federal Arbitration Act and federal arbitration law shall apply to these Terms of Service.
With respect to any disputes or claims not subject to arbitration (as set forth below), you and StoryBots each agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in the Los Angeles County, California, and BOTH YOU AND STORYBOTS IRREVOCABLY consent to, and waive all defenses of, lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts located in the Los Angeles County, California.
22. BINDING ARBITRATION AND CLASS ACTION WAIVER
YOU AND STORYBOTS AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF SERVICE OR THE SALE OF ANY PRODUCT OR SERVICE BY STORYBOTS SHALL BE FINAL AND BINDING ARBITRATION, except that: (i) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark, or trade secret rights, such other party may seek injunctive or other appropriate relief; and (ii) you may assert a claim in a small claims court if your claim qualifies.
In the event of a dispute, you or StoryBots must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute in writing to us at StoryBots, Inc., ATTN: Arbitration Notice, 13428 Maxella Ave #363, Marina Del Rey, CA 90292. We will send any notice of dispute to you at the contact information we have for you.
Unless you and StoryBots are able to resolve the dispute through informal negotiation within sixty (60) days from the date a party’s notice of dispute is sent to the other party, either you or StoryBots may commence arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act.
By using the HiHo.Video Services in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against StoryBots and/or its parent, subsidiaries, affiliates and each of their respective members, officers, directors and employees (all such individuals and entities collectively referred to herein as the “StoryBots Entities”) arising out of, relating to, or connected in any way with the HiHo.Video Services or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Los Angeles, California, United States; (4) the arbitrator’s decision shall be controlled by the terms and conditions of these Terms of Service and any of the other agreements referenced herein that the applicable user may have entered into in connection with the HiHo.Video Services; (5) the arbitrator shall apply Delaware law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable StoryBots Entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against you or any StoryBots Entity; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any StoryBots Entity exceed $125 USD, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, StoryBots agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, StoryBots will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of StoryBots, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor StoryBots shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
StoryBots shall have the right to assign these Terms of Service in whole or in part to any person or business entity. You may not assign your rights or delegate your obligations under these Terms of Service without the prior written consent of StoryBots.
All copyright infringement notifications to StoryBots in regard to any Content (including Auditions) available through the HiHo.Video Services must be made in accordance with the section entitled "NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT" contained in our Legal Notices (click here).
All other notices, requests, and other communications ("Communications") under these Terms of Service must be in writing and sent to StoryBots, Inc., ATTN: Legal Department, 13428 Maxella Ave #363, Marina Del Rey, CA 90292. Communications shall be deemed received: (i) for Communications sent by registered or certified mail, postage prepaid, return receipt requested or by Federal Express or other reputable overnight courier service, on the date of receipt as indicated on the return receipt; (ii) for Communications sent by personal delivery, on the date of personal delivery; and (iii) for Communications sent by facsimile, upon transmission subject to telephone confirmation of receipt. No other form of notice shall be accepted under these Terms of Service.
25. ENTIRE AGREEMENT:
StoryBots reserves the right to change the terms of these Terms of Service from time to time in its sole discretion. In the event of such changes, StoryBots will post the changes on the HiHo.Video Services and/or notify you via email. Also, StoryBots may ask you to review and acknowledge or consent to the changes at the time of your next account login or at the time of your next usage of the HiHo.Video Services. By continuing to use any of the HiHo.Video Services, you agree to be bound by the changes to these Terms of Service and the new terms of the Terms of Service shall govern all prior and future submissions of your Auditions.