Terms of Service
These terms and conditions govern all use of the BackStory website and all content, services, and campaigns available on or through the website (taken together, our “Services”). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other rules, policies and procedures that may be published from time to time by BackStory (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our Services.
Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.
Use of some or all of our Services may require the creation of a BackStory account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
No Responsibility for Campaigns or Materials
BackStory provides a platform for charitable causes (“Causes”) to engage in campaigns (“Campaigns”) seeking contributions from and/or engagement by donors and volunteers (“Contributors”). BackStory is not affiliated with and does not exercise any control over the Causes that make use of BackStory’s Services. Contributors are solely responsible for asking questions and investigating Causes and Campaigns to the extent they feel is necessary before making a contribution. BackStory does not guarantee that contributions will be used as promised or that any Campaign will achieve its goals. BackStory does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Cause or Campaign.
BackStory makes no representations, warranties or other assertions as to the potential tax deductible status of any contribution by a Contributor to a charitable cause or to a Campaign whose purported recipient is a recognized 501(c)(3) or other tax -advantaged organization under the Internal Revenue Code. The listing of an organization via the Services does not necessarily mean that the organization is or will remain a charitable or tax-advantaged organization.
BackStory does not represent or imply that it endorses any material posted using the Services or available on any website to which the Services might link, or that it believes such material to be accurate, useful, or non-harmful. BackStory disclaims any responsibility for any harm resulting from the use by visitors of our Services or any materials accessible using the Services.
This Agreement does not transfer from BackStory to you any BackStory or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with BackStory. BackStory, the BackStory logo, and all other trademarks, service marks, graphics and logos used in connection with BackStory or our Services, are trademarks or registered trademarks of BackStory or BackStory’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any BackStory or third-party trademarks.
There might be opportunities to post photos, videos, text, graphics, logos artwork and other audio or visual materials (collectively, "User Content") in connection with your use of the Services. If you post any User Content using the Services, you grant BackStory a perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute such User Content on or in connection with the Services and our related marketing and promotional activities. As between you and BackStory, you will continue to hold all ownership interest in your User Content. You represent and warrant that your User Content and our use of such User Content will not infringe upon any third party's intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting a notice through the Services or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms that were in place when the dispute arose.
BackStory may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your BackStory account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
Our Services are provided “as is.” BackStory and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither BackStory nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you use our Services at your own discretion and risk.
Limitation of Liability
In no event will BackStory, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to BackStory under this agreement during the twelve (12) month period prior to the cause of action. BackStory shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You agree to indemnify and hold harmless BackStory, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between BackStory and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of BackStory, or by the posting by BackStory of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Florida, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Orange County, Florida. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; BackStory may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.