TERMS AND CONDITIONS OF USE
Last Modified: November 10, 2017
Pro Church Tools Inc., also operating under the trade name Storytape, is a corporation formed pursuant to the Business Corporations Act, R.S.O. 1990, c. B.16 in Ontario, Canada. In consideration for permitting your access to our website, products and services, and other good and valuable consideration, you agree as follows:
These terms and conditions (the "Terms") form a legally binding agreement which govern your access to and use of Pro Church Tools Inc.'s, ("we", "us" or "our") website ("Website") and our online service, in which we license non-exclusive rights to stock video clips (“Clips”) on a per project basis (the "Service"). The Website and Service are hosted at https://www.storytape.com and other domains and sub-domains.
By using our Website and Service, you, the user ("you" or "your"), represent that you are at least 18 years old. If you are using the Website and/or Service or are licensing content from us on behalf of, or in the employ of, an organization (corporation, trust, partnership, church, not-for-profit, etc.), you are agreeing to these Terms for that organization and representing and warranting that you have the authority to bind that organization to these Terms. In such a case, "you" and "your" will also refer to that organization and yourself individually. For greater clarity, both you as an individual and your organization are legally bound by these terms which form an agreement between you and Pro Church Tools Inc.
Licensing Video Clips
We offer three different subscription models to access and license our Clips; Starter, Basic and Unlimited (collectively the “Subscription Models”):
Starter Subscription – Credits you to license a maximum of 5 Clips per month, each in 1080p resolution;
Basic Subscription – Credits you to license a maximum of 20 Clips per month, each in 1080p resolution; and
Unlimited Subscription – Allows you to license an unlimited number of Clips per month in either 1080p or 4K resolution.
Credits under both the Starter and Basic Subscriptions do not carry forward month-to-month.
Where you apply your account credits, under any Subscription Model, to download a Clip from us, we grant you, and only you, a non-exclusive, royalty-free, worldwide license to use the Clip in a single video project, in accordance with the terms of this agreement.
You agree and acknowledge that we, or where applicable, our independent content providers (“ICP’s”), will continue to own the Clips licensed to you under each Subscription Model. We are not transferring, selling or assigning title or ownership of any Clips to you. Nor are we waiving any copyright or moral rights to Clips.
Single Project Use
Our Service is different from most stock video licensing websites. Our Clips are licensed on a per project basis. This means that you are only permitted to use Clips licensed and downloaded from us in a single video project (the “Single Use Restriction”).
Each time you select a Clip to license and download, you will be prompted to provide a brief description of the project you will use the Clip in. This helps us identify what video projects you licensed our content for. It is your responsibility to accurately describe the video project(s). You agree that we may ask you, at any time, to update or provide more clarity on which video project(s) you have, or intend to use, our Clips in. We may also temporarily suspend your ability to download a Clip until you provide an accurate description of your project(s), or if we believe your use or intended use is in breach of these Terms.
Under both the Starter and Basic subscriptions, if you wish to use a Clip more than once, for example in a second video project, you are required to use a second credit for the same Clip. However, if you subscribe to our Unlimited plan, you can use each Clip you download in multiple video projects. Under the Unlimited plan, we still ask that you provide a description of each project you are using our Clips in. This helps us track and monitor permitted usage of our Clips.
Restrictions on Sublicensing or Selling our Clips (License Restrictions)
You agree that our Clips shall not be used on, or in connection with, any other stock video website or business that is competitive in nature with our Service.
Where you create a video project that uses a Clip from us, you may only sell or license your video where our Clip(s) do not comprise more than twenty-five percent (25%) of the overall duration of the video (the “25% Restriction”).
Notwithstanding the above, where you create a video for a single customers or client in the course of carrying on a video production service, you are permitted to license the right to use your video, with our Clips comprising in excess of 25% of the overall video, so long as; (1) you comply with our Single Use Restriction; and (2) your customer or client is restricted from sub-licensing or selling the video, or any of our Clips or portions of our Clips.
Prior to the sale or licensing of your videos, which include our Clips, you shall disclose to the purchaser, licensee or other applicable third-party, the fact that we own the Clips and that their use is restricted by these Terms, including for example, the Single Use Restriction and the 25% Restriction. This means that your customers or clients are restricted from on-selling or re-licensing our Clips, or using our Clips, or portions thereof, in any other video, project or business.
Use of our Clips (License Restrictions)
You agree that you will not use, or allow the use of our Clips in videos, advertisements, or in a context (for example on a website) that associates our Clips with unlawful, obscene, defamatory, libelous, harmful, hateful, harassing, bullying, pornographic, threatening, racially or ethnically offensive or abusive content, products or services.
You further agree that you will not use, or allow the use of our Clips in videos, movies, advertisements, or in a context (for example on a website) that may encourage a criminal offense, give rise to civil liability (including for example intellectual property infringement), or violate any local, state, provincial, national or international law or regulation, or that is otherwise inappropriate.
Some of our Clips may feature individual (“Models”). You agree that you will not use any of our Clips and will not display Models in any videos or other content in a manner which a reasonable person, in the Model’s circumstances, would find offensive or objectionable. Without limiting the forgoing, you agree that Clips displaying a Model will not be used in connection with, or in any way related to videos, businesses, projects or websites which:
Have or display pornographic, nude, unlawful or immoral content;
Have or display, whether for sale or otherwise, unlawful drugs or tobacco products;
Portray the Model negatively or are derogatory to him or her;
Portray the Model as accepting of or promoting defamatory, libelous, harmful, hateful, harassing, bullying, pornographic, threatening, racially or ethnically offensive or abusive content, products or services; or
Advertise or promote adult entertainment establishments or businesses, escort or dating services.
Where our Clips are used in violation of these Terms, you agree to immediately delete any such infringing content and remove it from the Internet.
Pricing and Taxes
For current pricing on each Subscription Model, please visit https://www.storytape.com/pricing. Prices listed are subject to change, however, we will not change the pricing for current subscribers, so long as you remain a subscriber.
Prices displayed are an invitation to make an offer and are subject to acceptance by us. Even in the event of an automated acceptance by us, you agree that we shall have the opportunity to review and accept subscription orders and confirm your payment information for a period of seven (7) days following your subscription.
Prices are subject to the addition of sales taxes. You agree to pay all sales taxes applicable to this agreement, arising from your subscription or the licensing of Clips from us.
Additional terms, including but not limited to, price, tax, payment, discounts, refunds or cancellations may be specified on the Website and Service. Those terms, as amended from time to time, are incorporated by reference and form part of this agreement.
Payment for your subscription is due monthly, in advance. In the alternative, you may elect to pay for your subscription on an annual basis.
We collect credit card information from you online via a third-party payment processor (“Payment Processor”). You agree and authorize us to bill your credit card via our Payment Processor.
Although the Payment Processor’s electronic forms may be hosted on our Website or Service, we accept no responsibility or liability for their collection and storage of your payment details or personal information. The Payment Processor may have their own terms and conditions and privacy policies, which apply to your personal information and payment transactions. Please contact us if you have any questions concerning our Payment Processor.
Once you select a Clip to license and it is made available for download, your account credit(s) are non-refundable under the Starter and Basic plans, please choose Clips carefully.
Our Website and Service contain open source and public domain content, licenced content as well as proprietary content owned by us and by third parties (including ICPs).
Aside from Clips which you are licensed to use, on a limited basis in accordance with these Terms, you are not permitted to copy, share, sell or distribute any other content (including but not limited to text, images, trademarks, videos and audio) on the Website or Service, without the express consent of the owner. All other contents of the Website and Service, including but not limited to, the computer code, is the property of Pro Church Tools Inc. and/or our ICP’s with all rights reserved.
Without limiting the forgoing, you are not permitted to, (a) record, copy, share, reproduce, remove watermarks, sell or distribute any content on our Website or Service without our express written permission; or (b) use any trademark or trade name of Pro Church Tools Inc. including our logo, without our express permission.
In some cases, our Website and Service may permit you and other third-parties to upload, contribute and post content ("User Content"). We do not pre-screen User Content uploaded or posted to the Website or Service by you or other users. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any of your User Content that you post, record, upload or otherwise contribute in order to facilitate the ordinary use of the Website and Service.
We may, but have no obligation to, remove User Content that we determine in our sole discretion to be unlawful, damaging, or violate any third-party's intellectual property rights, these Terms or any policy incorporated by reference herein.
In addition to our Acceptable Use Policy, you agree not to use the Website or Service in any manner which may infringe the copyright or other intellectual property rights of any third party or in any manner which is unlawful, offensive, threatening, libelous, defamatory, obscene or in violation of these Terms.
Property and Feedback
All rights, title and interest in and to the Website, the Service and their contents (including our Clips) are and will remain the exclusive property of Pro Church Tools Inc., our ICP’s and licensors, including all Intellectual Property Rights (as defined below), even if we incorporate any of your Feedback (as defined below) into subsequent versions.
The Website, Service and their contents, including our video Clips are protected by copyright, trademark and other laws of Canada, the United States and foreign countries. Except as expressly permitted in these Terms, you may not reproduce, modify or prepare derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use our Website, Service, Clips or any portion of their contents.
All feedback, comments, and suggestions for improvements (“Feedback”) that you provide to us, in any form, will immediately become our sole and exclusive property. You agree to transfer and assign to us all of your rights, title and interest in and to all of your Feedback, including all worldwide patent rights, copyright rights, and other intellectual property rights (collectively, the “Intellectual Property Rights”).
ACCEPTANCE OF RISK AND DISCLAIMERS
EVERYTHING ON OUR WEBSITE AND ALL PRODUCTS (INCLUDING OUR CLIPS) OFFERED AS PART OF OUR SERVICE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
YOU AGREE THAT WHILE WE STRIVE TO HAVE ERROR FREE AND UNINTERRUPTED SERVICE, WE DO NOT GUARANTEE THE ABSENCE OF INTERRUPTIONS NOR SHALL YOU HOLD US LIABLE FOR ANY DAMAGE SUCH INTERRUPTIONS MAY CAUSE.
LIMITATION OF OUR LIABILITY
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE, HOWSOEVER CAUSED, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, REGARDLESS OF LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER THOSE DAMAGES WERE FORESEEABLE OR NOT.
IF YOU ARE DISSATISFIED WITH THE WEBSITE OR SERVICE, OR DO NOT AGREE WITH ANY PART OF THESE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, OUR AFFILATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS OR LICENSORS, THEN YOUR REMEDIES ARE TO (I) DISCONTINUE ACCESSING AND USING THE WEBSITE AND SERVICE; AND (II) TERMINATE YOUR SUBSCRIPTION WITH US, IN ACCORDANCE WITH THESE TERMS.
IN ADDITION TO YOUR AGREEMENT TO NOT HOLD THE ABOVE ENTITIES AND PERSONS LIABLE FOR ANY DAMAGES, IN THE EVENT A COURT OR ARBITRATOR OF COMPETENT JURISDICTION DECLINES TO UPHOLD SAID CLAUSE, YOU AGREE THAT IN NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO OR IN ANY WAY ARISING FROM THE USE OF OUR WEBSITE OR SERVICE, OR IN ANY WAY RELATED TO THESE TERMS, BE MORE THAN THE AMOUNT PAID BY YOU TO US (IF ANY).
YOU AGREE AND ACKNOWLEDGE THAT ACCESS TO OUR WEBSITE AND SERVICE, AND IF YOU ARE A PAYING CUSTOMER, THE FEES PAID BY YOU, REFLECT THE ALLOCATION OF RISK SET FORTH IN THESE TERMS AND THAT WE WOULD NOT ENTER INTO THIS AGREEMENT OR GRANT ACCESS TO THE WEBSITE OR SERVICE WITHOUT THESE RESTRICTIONS AND LIMITATIONS ON OUR LIABILITY.
INDEMNIFICATION AND HOLD HARMLESS
AS OUR WEBSITE AND SERVICE CONTINUE TO CHANGE, WE MAY, AT ANY TIME, REVISE THESE TERMS AND OUR POLICIES BY UPDATING THIS PAGE OR THE PAGE HOSTING THE RELEVANT POLICY. THE DATE OF THE LAST VERSION OF THESE TERMS IS POSTED ABOVE. AS YOU ARE BOUND BY THESE TERMS EACH TIME YOU VISIT OUR WEBSITE OR USE OUR SERVICE, YOU ARE RESPONSIBLE FOR PERIODICALLY REVIEWING THE AMENDMENTS TO THESE TERMS AND YOU ARE DEEMED TO HAVE ACCEPTED AND AGREED TO SUCH AMENDMENTS BY ACCESSING AND USING THE WEBSITE AND SERVICE AFTER SUCH AMENDMENTS HAVE BEEN POSTED. IF YOU DO NOT AGREE WITH THE AMENDMENTS, YOU CAN TERMINATE YOUR SUBSCRIPTION AND STOP ACCESSING THE WEBSITE AND SERVICE. WE MAY ALSO UNDERTAKE TO SEND YOU NOTICE OF ANY CHANGES TO THE TERMS OR POLICIES.
If you believe that your copyrighted work has been used in a way that constitutes copyright infringement and is accessible on our Website or Service, please notify us at email@example.com. While we take no responsibility for any user other third-party who breaches your copyright or other intellectual property rights, we may, in our sole discretion and without liability, undertake to attempt to contact the infringer on your behalf and remove the content from our Service.
Whether or not we are affiliated with sites or third-party vendors that may be linked to our Website or Service, we are not responsible for their content (the "Linked Sites"). The Linked Sites are for your convenience only and you access them at your own risk. We and other users provide links and references to material on other websites not owned or operated by us. Links found on our Website or Service are not an endorsement and we do not represent or warrant the accuracy or truth of the contents of information found on said websites. You access those links and corresponding sites at your own risk.
Law of the Contract (Governing Law) and Jurisdiction.
These Terms, all documents incorporated by reference and your relationship with us shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, Canada, (and any Canadian federal laws applicable therein) as it is applied to agreements entered into and to be performed entirely within such province.
You hereby agree to irrevocably and unconditionally submit to the jurisdiction of the courts and tribunals of Ontario, Canada (including the Federal courts and tribunals as applicable therein) to settle any disputes arising out of or in any way related to these Terms, all documents incorporated by reference and your relationship with us.
If any provision of these Terms are found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
No Construction Against Drafter
If an ambiguity or question of intent arises with respect to any provision of these Terms, the Terms shall be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favouring or disfavouring either party by virtue of authorship of any of the provisions of these Terms.
Waiver of Class Proceedings and Trial By Jury
To the extent permitted by law, you hereby waive your right to participate in any class action lawsuits against us, our contractors, employees, shareholders, successors, assigns and directors.
To the extent permitted by law, you further waive any right to a trial by jury, should such a right exist, in relation to any legal dispute connected to or in any way arising out of these Terms.
Incorporation by Reference
You may cancel your subscription or account with us at any time. However, monthly subscription credits purchased to download Clips from us are not refundable. You should ensure that you use all of your account credits prior to canceling your subscription.
We may also cancel, suspend or terminate your account if we reasonably believe you have or may breach these Terms or any policy incorporated by reference.
The cancellation, suspension or termination of your subscription or account with us shall not terminate this agreement. In particular, and without limiting the generality of the foregoing, any provision concerning the limitation of our liability, your indemnification obligations, intellectual property rights and obligations, settling disputes (including the jurisdiction and choice of law) shall remain binding.
You agree that we may assign this agreement to any successor or assignee, whether pursuant to the purchase of our Website and Service, the transfer of control of Pro Church Tools Inc., or otherwise.
Right to Seek Injunction
Violation of these Terms may cause us irreparable harm and, therefore, you agree that we will be entitled to seek extraordinary relief including, but not limited to, temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that we may have for a breach of these Terms.
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
Any new features that augment or enhance the current Website and Service, including the release of new versions, new Clips, products or services, tools and resources, shall be subject to these Terms. Continued use of the Website and Service after any such changes shall constitute your consent to such changes.
This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by a duly authorized representative of Pro Church Tools Inc.
Last Modified: November 10, 2017
Collection of Personal and Business Information
When using our website and licensing content from us, we may collect your personal and business information, including your:
Business or Organization Name;
Comments, feedback, reviews and other information you upload or provide via the website;
IP address and location data, including such data collected via Google Analytics;
Website statistics and analytics data regarding your use of the website;
Other types of raw data relating to how you interact with the website, for example, your browser information and session duration;
Payment, banking and credit card information, which is collected and stored via a third-party payment provider; and
All other information you provide to us on our website or otherwise.
Third-party service providers we use may have their own privacy policies on the collection and use of your information which either we or you provide them.
Credit Card and Payment Processing Companies
We collect credit card and payment information from you via a third-party. Their additional terms of service and privacy policies may apply to the collection and use of your personal information. If you have questions regarding our payment processor, please contact us.
Although the payment processor’s electronic forms may be displayed on our website, you are providing the payment information directly to them. We will have access to your personal information via the payment provider, although not your full credit card number(s).
The Use of Your Personal Information
The collection of your personal information may be used to:
Facilitate the operation of the website, including:
providing your personal information to third-party service providers, such as payment processors; and
delivering licensed content to you;
Verify your contact information;
Promote our website and offerings to you in various forms of communication;
Support and improve the website and service we offer;
Provide customer support;
Communicate with you about your account, subscription and services we offer;
Bill and collect money owed to us;
Pursue available legal remedies to us and to prosecute or defend a court, arbitration or similar proceeding;
Send or display informational and promotional materials from us, our partners, advertisers or third parties to you;
To meet legal requirements;
To enforce compliance with any terms and conditions and applicable law; and
Enhance our service offerings to you and offer you related products and services, whether by email, advertisements or otherwise.
IN ADDITION, WE RESERVE THE RIGHT TO PROVIDE YOUR CONTENT AND INFORMATION (INCLUDING BUT NOT LIMITED TO YOUR PERSONAL INFORMATION) UPLOADED OR COLLECTED BY OUR WEBSITE OR OTHERWISE PROVIDED TO US, TO THIRD PARTIES IF REQUIRED BY LAW IN ANY JURISDICTION.
IF WE ARE REQUIRED BY LAW TO MAKE ANY DISCLOSURE OF YOUR CONTENT OR PERSONAL OR BUSINESS INFORMATION, WE MAY (BUT ARE NOT OBLIGATED TO) PROVIDE YOU WITH WRITTEN NOTICE (TO THE EXTENT PERMITTED BY LAW) PRIOR TO SUCH DISCLOSURE SO THAT YOU MAY TAKE APPROPRIATE ACTION.
The Disclosure of Your Personal Information and Access to It
We may share your personal information to our payment providers, advertisers, partners and employees to use that information for one or more of the purposes in which that information was collected.
We also operate the website in conjunction with our independent contractors. Our independent contractors may have access to your personal information in providing services to us, or providing you with access to the website and your licensed content. We may use a variety of service providers, servers, advertisers or employees in locations both inside and outside of Canada, which may make your personal information the subject of foreign laws and foreign legal proceedings.
We may also disclose your personal information to our successors (if our business or the website is acquired by another legal entity) or any assignee of our assets relating to the website and our content.
WHILE WE TAKE MEASURES TO PROTECT PERSONAL INFORMATION, YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE, HOWSOEVER CAUSED, FOR THE LOSS OR THEFT OF YOUR PERSONAL INFORMATION OR ANY DAMAGES CAUSED AS A RESULT THEREOF, SO LONG AS WE WERE NOT GROSSLY NEGLIGENT IN THE PROTECTION OF THAT INFORMATION.
Retention of Your Personal Information
We keep your personal information for as long as it is required for the purpose for which it was collected.
Our Website may place a "cookie" in the browser files of your computer. You can disable cookies on your web browser, however, doing so may interrupt the proper use of our Website.
ACCEPTABLE USE POLICY
Last Modified: November 10, 2017
You agree to use our Website and Service in accordance with the following acceptable use policy.
You agree that you:
Will not disclose your password or transfer your account to any third-party, or allow any third-party to access your account;
Will not use your account for your own commercial purposes by sublicensing any rights granted by the Terms without permission or, in any way, sharing the benefit of your account with others. Your account is non-transferrable and may only be used by you;
Will not upload, copy, distribute, share, or otherwise use content that is unlawful, obscene, defamatory, libelous, harmful, hateful, harassing, bullying, pornographic, threatening, racially or ethnically offensive or abusive, that would violate another person's rights (including their intellectual property rights), constitute or encourage a criminal offense, give rise to civil liability, or violate any local, state, provincial, national or international law or regulation, or that is otherwise inappropriate;
Will not upload, copy, distribute, share or otherwise use content that contains or embodies software viruses or any other malicious computer code that is designed to interrupt, undermine, destroy or limit the functionality of any computer software, hardware or communications equipment, or that is designed to perform functions on any software, hardware or equipment without the owner's express consent;
Will not impersonate any person or entity;
Will not access the Website and Service by any means other than through the interface provided by us for use in accessing the Website and Service. This includes not using or launching any automated system including, without limitation, any spider, robot (or "bot") or scraper.
Will not interfere with or disrupt the Website, Service or servers or networks connected thereto, make the Service available over a network (other than our network) where it could be used by others or disobey any requirements,
Will not collect, harvest or store any personally identifiable information, including user account information, from us;
Will not use the Website or Service in a way that has any unlawful or fraudulent purpose or effect;
Will not translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Website or Service, in whole or in part;
Will not circumvent, disable, violate or otherwise interfere with any security related feature of the Website or Service;
Will not rent, lease, sublicense, transfer, sell, trade, resell or exploit for any commercial purposes any portion of the Website or Service (including, without limitation, your account information, use of the Service or access to the Service;
Will not use the Website or Service in any way that violates the Terms, or that aids, encourages, or purports to authorize anyone else to violate the Terms or this policy;
Will not use the Website or Service in any way that intentionally or unintentionally violates any applicable local, state, provincial, national or international law, rule or regulation;
Will not employ misleading e-mail addresses or falsify information in any part of any communication;
Will not upload, transmit, disseminate, post, store or post links to any content that:
prohibits from transmitting or posting by law, or by contractual or fiduciary relationship;
facilitates hacking or unauthorized access or use of data, systems, servers or networks including any attempt to probe, scan or test for vulnerabilities, or to breach security or authentication measures;
interferes with service to any user, system or network by using flooding techniques, overloading a system or a network, staging or broadcasting an attack or any other means resulting in a crash of a host either deliberately or by negligence;
infringes on, or contributes to any infringement of, any intellectual property, material protected by copyright, trademark, patent, trade secret or proprietary right of any party.
We reserve the right in our sole discretion to revise this policy, which shall be posted on the Website and Service.