Effect of termination
- Storyvine shall provide User with reasonable access to User’s content and User’s completed videos stored on Storyvine Systems through the last day on which User’s account is open.
- The termination of User’s access to or use of any one or more of the Storyvine Apps shall not excuse or release User from its obligation to make all payments to Storyvine that are due or become due through the last date on which User has access to any Storyvine App.
- By no later than 90 days after the effective date of termination: (i) User may lose access to and the right to use one or more templates, and if Storyvine so requests, User s return or destroy, as Storyvine may elect, all Storyvine Confidential Information then in User’s possession, custody or control;(ii) Storyvine shall delete all User content and completed videos from its systems at any time at least 90 days after User’s account closes.
- All licenses granted hereunder, except the license granted pursuant to Section D.5 of the Terms and conditions shall terminate; and
- Any and all sections of the Terms and Conditions that by their terms operate after the termination or expiration of the Terms and Conditions, and without limiting the generality of the foregoing, Sections B.3, B.4, C, D, F, G, H & I and all subsections thereof, shall each survive the expiration or termination of the Terms and Conditions.
1. No Implied Waiver; Cumulative Rights & Remedies
No failure or delay in exercising any right, power, or privilege under the Terms and Conditions by Storyvine shall operate as a waiver, nor shall any individual or limited exercise of any such right, power, or privilege by Storyvine preclude any other or further exercise or that or any other right, power, or privilege. Except where the Terms and Conditions expressly states otherwise, all rights, powers, and privileges granted to either party in the Terms and Conditions shall be in addition to, and may be exercised without prejudice to, any other claims, rights, remedies, and powers to which that party may then be entitled under the Terms and Conditions or otherwise, including rights to appropriate injunctive relief.
2. Limitation of Claims
No action or proceeding based on any claim related to User’s use of any one or more of the Storyvine Apps, Storyvine Resources or one or more of Storyvine’s related services, other than an action for breach of a party’s payment obligations hereunder, may be brought more than one (1) year after the claim arose.
3. Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation hereunder, other than its payment obligations, to the extent that its failure results from a cause beyond its reasonable control, including earthquakes, floods, fires, storms or other natural disasters, criminal activity, the suspension, degradation or other failure of electrical service, internet access, email service, or other utilities required to provide any one or more of the Storyvine Apps, Storyvine Resources, or Storyvine related services, or User’s unforeseen acts, including its failure to comply with these Terms and Conditions or to cooperate with Storyvine as it reasonably requests.
4. Waiver of Jury Trial
User and Storyvine waive their respective rights to a jury trial of any claim or cause of action related to or arising out of these Terms and Conditions. The scope of the waiver is intended to encompass any and all disputes related any one or more of the Storyvine Apps. In the event of litigation, these Terms and Conditions may be filed as any party’s written consent to trial by the court.
5. Mandatory Mediation
In the event that the parties are unable to resolve any dispute arising from or related to the Agreement within thirty (30) days after that dispute arises, either party (the “Initiating Party”) shall, prior to initiating any judicial proceeding other than an application for preliminary injunctive relief, submit such dispute to mediation conducted by issuing a written notice of mediation (the “Notice of Mediation”) to the other party by a mediator selected by the Initiating Party from a list of three disinterested mediators nominated by the other party, which list shall be provided to the Initiating Party within ten (10) days after the other party’s receipt of the Notice of Mediation. The parties shall each participate in mediation, without prejudice to their respective claims, rights, remedies, defenses, and objections, according to the terms instituted by the mediator, in an attempt to resolve the dispute. If mediation fails to resolve the dispute within forty-five days, either party may proceed to enforce its rights at law or equity.
6. Governing Law
The Terms and Conditions and any and all disputes arising from or related to any one or more of the Storyvine Apps or Storyvine Resources shall be governed by and construed under the laws of the State of Colorado, without reference to conflict of laws principles.
7. Forum Selection
Subject to Section I.5 of these Terms and Conditions, any dispute arising from or related to User’s use of any one or more of the Storyvine Apps shall be heard in the federal or state court sitting in and for Denver County, in the State of Colorado, having subject matter jurisdiction over that dispute. User hereby consents to venue and jurisdiction of those courts.
Storyvine may assign any one or more of its rights or obligations under the Terms and Conditions. User may assign the Terms and Conditions with Storyvine’s prior written consent. The Terms and Conditions shall be binding upon and inure to the benefit of the parties and their permitted successors and assigns.
If any provision of the Terms and Conditions is held to be invalid unenforceable, it shall be modified to the minimum extent necessary to make such provision enforceable and no other provisions of the Terms and Conditions shall be affected.
10. Modification in Writing
No amendment, modification or waiver of any provision of the Terms and Conditions shall be effective as to Storyvine unless it is in writing and signed by its duly authorized representative.
11. Sole Agreement
By accessing or using SpotMade, Broker VideoMaker, Storyvine, and any other Storyvine applications or products, User represents that: (a) it is duly organized and validly existing under the laws of the state of its incorporation or formation; (b) it is permitted by applicable laws and regulations to enter into the Terms and Conditions; (c) it is, in all respects, able to perform fully hereunder and will do so in compliance with all applicable laws and regulations; (d) the Terms and Conditions has been duly authorized on its behalf; and (e) the Terms and Conditions shall constitute its valid and binding obligation, enforceable in accordance with its terms from the first date on which User accessed or used any one or more of the Storyvine Apps.