Video Recorder | Stitched Story -ToS Terms of Service

Last Updated: June 1st, 2019

The Terms of Service set forth in this document (these “Terms”) govern Your (“Customer” or “You”) access to and use of Stitched Story (or any other name or brand that Stitched Story operates under or with, collectively referred to as “Stitched story”) operated and provided by Logic Lab Software, LLC, (“Logic Lab Software” or “Us” or “We”) including any Stitched Story Services, and websites ("Stitched Story Services" or "Stitched Story") and any videos, information, text, data, graphics, photos or other materials uploaded, downloaded, accessed or appearing on Stitched Story (collectively referred to as "Content"). Your access to and use of Stitched Story is conditioned on Your acceptance of and compliance with these Terms. By accessing or using Stitched Story Services You agree to be bound by these Terms. This is a legally binding agreement between Logic Lab Software, LLC and You. Use of Stitched Story Services for any purpose that is unlawful or prohibited by these Terms is prohibited. By accepting these Terms You confirm that You are at least 13 years of age and that You are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide and comply with the Terms. By using Stitched Story, You acknowledge and agree that You are subject to these Terms and the other provision governing Stitched Story, including our Privacy Policy.

1. Basic Terms

You are responsible for Your use of Stitched Story Services, for any Content You post to Stitched Story, and for any consequences thereof. The Content You submit, post, or display will be able to be viewed by other users and through third party applications, services and websites. You should only provide Content You are comfortable sharing with others under these Terms as defined in Section 10. You may use Stitched Story only if You can form a binding contract with Logic Lab Software, LLC and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If You are accepting these Terms and using Stitched Story on behalf of a company, organization, government, or other legal entity, You represent and warrant that You are authorized to do so. You may use Stitched Story only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. The Stitched Story Services are always evolving and the form and nature of Stitched Story may change from time to time without prior notice to You. In addition, Logic Lab Software, LLC may stop (permanently or temporarily) providing Stitched Story (or any features within Stitched Story) to You or to users generally and may not be able to provide You with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to You.

2. Privacy

Our collection and use of Your information is governed by the Stitched Story Privacy Policy. You understand that through Your use of Stitched Story You consent to the collection and use of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Logic Lab Software, LLC. As part of providing You the Stitched Story Services, we may need to provide You with certain communications, such as service announcements, advertisements, and administrative messages. These communications are considered part of the Stitched Story Services and Your Stitched Story account, which You may not be able to opt-out from receiving.

3. Passwords and Access Credentials

In order to access some features of Stitched Story You will have to create a Stitched Story account. You are responsible for safeguarding the credentials You use to access Stitched Story and for any activities or actions under Your account. We encourage You to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with Your Stitched Story account or any other account that You may connect to Your Stitched Story account. Logic Lab Software, LLC cannot and will not be liable for any loss or damage arising from Your failure to comply with the above requirements. You agree to not share Your Stitched Story access credentials or let others have access to Your account and You will not attempt to transfer Your Stitched Story account to anyone else. You may be liable for the losses of Stitched Story or others due to unauthorized use of Your account.

4. Content on Stitched Story

The term "Content" refers to any information, data, communication, video, text, graphics, photos, sounds, music, audiovisual works, question feed posts, tips, reviews, demonstrations, testimonials, experiences, user stories, and/or other contributions appearing on Stitched Story that users of Stitched Story may record, broadcast, upload, or otherwise submit to Stitched Story, or view or access on Stitched Story. All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content and must comply with the restrictions described in Section 10, below. We may, but are not required to monitor or control the Content posted via Stitched Story and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via Stitched Story or obtained by You through Stitched Story is at Your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications shared and/or made available via Stitched Story or endorse any opinions expressed via Stitched Story. You understand that by using Stitched Story, You may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Logic Lab Software, LLC be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via Stitched Story or broadcast elsewhere. You understand that Stitched Story is intended for public use and not for private communications and You confirm that You have no expectation of privacy with regard to any Content You may submit to Stitched Story, or any other communication by You made to or through Stitched Story. You are aware that Stitched Story does not guarantee the security of any information You disclose via Stitched Story and any submission of Content by You to Stitched Story is made at Your own risk.

5. Your Rights

You are responsible for making sure that You have the right to share and distribute any Content You submit, post or display on or through Stitched Story. In order to make Stitched Story available to You and other users, Logic Lab Software, LLC needs a license from You. By recording, submitting, posting or displaying Content on or through Stitched Story, You grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, share, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). You agree that this license includes the right for Logic Lab Software, LLC to provide, promote, and improve Stitched Story and to make Content submitted to or through Stitched Story available to other companies, organizations or individuals who enter into agreements with Logic Lab Software, LLC for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Logic Lab Software, LLC, or other companies, organizations or individuals who contract with Logic Lab Software, LLC, may be made with no compensation paid to You with respect to the Content that You submit, post, transmit or otherwise make available through Stitched Story. We may modify or adapt Your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to Your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media. You are responsible for Your use of Stitched Story, for any Content You provide, and for any consequences thereof, including the use of Your Content by other users and our third party partners. You understand that Your Content may be syndicated, broadcast, distributed, or published by our partners and if You do not have the right to submit Content for such use, it may subject You to liability. Logic Lab Software, LLC will not be responsible or liable for any use of Your Content by Logic Lab Software, LLC in accordance with these Terms. You represent and warrant that You have all the rights, power and authority necessary to grant the rights granted herein to any Content that You submit.

6. Your License to Use Stitched Story

Logic Lab Software, LLC gives You a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to You by Logic Lab Software, LLC as part of the Stitched Story Services. Any software that we provide you may automatically download and install upgrades, updates, or other new features. This license is for the sole purpose of enabling You to use and enjoy the benefit of Stitched Story as provided by Logic Lab Software, LLC, in the manner permitted by these Terms and you may not use the software for any other purpose.

7. Creating Content

While using Stitched Story, You may either create (“Creator”) an account and or a campaign, or You may participate (“Participant”) by participating in a campaign (recording a video). Such actions may include, but are not limited to asking a Question(s), recording a video, or using another feature of Stitched Story that introduces Content into the Stitched Story Services. A Creator may also be a Participant. Any content submitted to any Stitched Story Services by Participants and Creators shall be considered Content for all purposes of these Terms. Without limitation, in connection with such Content and otherwise, the Creator and or Participant shall be subject to all the terms and conditions of these Terms. In addition to all licenses relating to Content, each Participant hereby grants to the Creator a perpetual worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, share, display, perform, edit, modify, and comment upon such Content for any purpose whatsoever. Each Creator and each Participant hereby releases and discharges all claims both known and unknown against, and covenants not to sue (a) Logic Lab Software, LLC and Related Parties; and (b) the Creator and each Participant with respect to any use of any content as authorized by the Terms. Logic Lab Software has no rights to or obligations associated with Content You create. You fully release and indemnify Logic Lab Software, LLC from any liability associated with Content that you submit to Stitched Story. Each Participant acknowledges that the statements or comments made as part of any Content will be true and accurate and you will not knowingly make any false or untrue statements or comments in any Content which you upload into the Stitched Story Services.

8. Subscription Term, Fees & Payment

8.1. Subscription Term and Renewals.

All subscriptions will be billed at the beginning of any Subscription Term. Renewals: at the end of each twelve (12) month Annual Subscription Term, each Annual Subscription Term will automatically renew for additional twelve (12) month periods unless either party gives the other written notice of termination at least thirty (30) days prior to expiration of the then-current Annual Subscription Term. Monthly Subscription Terms (or any other Subscription Term) will automatically renew for an additional period of the same length unless either party gives the other written notice of termination at least seven (7) days prior to expiration of the then-current Subscription Term. If a subscription has terms that are different than what is defined above, those terms must be agreed to in writing by both Logic Lab Software LLC and you in a separate document.

8.2. Fees and Payment.

All fees are as set forth in the applicable Order Form and will be paid by Customer within fifteen (15) days of invoice, unless (a) Customer is paying via Credit Card (as defined below) as those fees will be paid immediately or (b) otherwise specified in the applicable Order Form. You will provide Us with valid and updated credit card information, or with a valid purchase order or alternative document reasonably acceptable to Us. If You provide credit card information to Us, You authorize Us to charge such credit card for all Services listed in the Order Form. Except as expressly set forth in Section 13 (Disclaimers and Limitations of Liability) and Section 15 (Indemnification), payment obligations are non-cancelable and all fees are non-refundable. The rates in the Order Form are valid for the initial twelve (12) month period of each Subscription Term and thereafter may be subject to adjustment if different fee rates and or structures are currently in place. Stitched Story reserves the right to change the fee rates and structures at its discretion. Customer is responsible for paying all Taxes, and all Taxes are excluded from any fees set forth in the applicable Order Form. If Customer is required by Law to withhold any Taxes from Customer's payment, the fees payable by Customer will be increased as necessary so that after making any required withholdings, Logic Lab Software, LLC receives and retains (free from any liability for payment of Taxes) an amount equal to the amount it would have received had no such withholdings been made. Any late payments will be subject to a service charge equal to 1.5% per month of the amount due or the maximum amount allowed by law, whichever is less.

8.3. Payment Via Credit Card.

If You are purchasing the Services via credit card, debit card or other payment card ("Credit Card"), the following terms apply:

8.3.1. Recurring Billing Authorization.

By providing Credit Card information and agreeing to purchase any Services, Customer hereby authorizes Logic Lab Software, LLC (or its designee) to automatically charge Customer's Credit Card on the same date of each calendar month (or the closest prior date, if there are fewer days in a particular month) during the Monthly Subscription Term for all fees that will be accrued in the upcoming monthly billing period as of that date (if any) in accordance with the applicable Order Form. For an Annual Subscription Term, by providing Credit Card information and agreeing to purchase any Services, Customer hereby authorizes Logic Lab Software, LLC (or its designee) to automatically charge Customer's Credit Card on the same date each calendar year (or the closest prior date, if there are fewer days in a particular month) during the Annual Subscription Term for all fees to be accrued in the upcoming billing term. Customer acknowledges and agrees that the amount billed and charged each month may vary depending on Customer's use of the Services and may include subscription fees for the remainder of Customer's applicable billing period and overage fees for the prior month.

8.3.2. Foreign Transaction Fees.

Customer acknowledges that for certain Credit Cards, the issuer of Customer's Credit Card may charge a foreign transaction fee or other charges.

8.3.3. Invalid Payment.

If a payment is not successfully settled due to expiration of a Credit Card, insufficient funds, or otherwise, Customer remains responsible for any amounts not remitted to Logic Lab Software, LLC and Logic Lab Software, LLC may, in its sole discretion, either (i) invoice Customer directly for the deficient amount, (ii) continue billing the Credit Card once it has been updated by Customer (if applicable) or (iii) terminate this Agreement.

8.3.4. Changing Credit Card Information.

At any time, Customer may change its Credit Card information by entering updated Credit Card information via the "Settings" page on the Dashboard.

8.3.5. Termination of Recurring Billing.

In addition to any termination rights set forth in this Agreement, Customer may terminate the Subscription Term by sending Logic Lab Software, LLC notice of non-renewal to info@stitchedstory.com in accordance with Section 8.1 (Subscription Term and Renewals) or, if Customer's Subscription Term is on a monthly basis (or if otherwise permitted by Logic Lab Software, LLC), by terminating via the "Settings" page on the Dashboard, with termination effective at the end of the current Subscription Term. For a Trial Subscription, if Customer does not enter into a paid Subscription Term following a Trial Period, this Agreement and Customer's right to access and use the Services will terminate at the end of the Trial Period and Customer's Credit Card will not be charged.

8.3.6. Payment of Outstanding Fees.

Upon any termination or expiration of the Subscription Term, Logic Lab Software, LLC will charge Customer's Credit Card (or invoice Customer directly) for any outstanding fees for Customer's use of the Services during the Subscription Term, after which Logic Lab Software, LLC will not charge Customer's Credit Card for any additional fees.

8.4. Suspension of Service.

If Customer's account is thirty (30) days or more overdue, in addition to any of its other rights or remedies (including but not limited to any termination rights set forth herein), Logic Lab Software, LLC reserves the right to suspend Customer's access to the Stitched Story Services (and any related services) without liability to Customer until such amounts are paid in full. Logic Lab Software, LLC also reserves the right to suspend Customer's access to the Stitched Story Services without liability to Logic Lab Software if Customer's use of the Stitched Story Services is deemed to be in violation of these Terms, or any guidelines, standards or understanding of Logic Lab Software, LLC.

9. Stitched Story Rights

All right, title, and interest in and to Stitched Story Services (excluding Content provided and created by Creators and Participants) are and will remain the exclusive property of Logic Lab Software, LLC and its licensors. Parts of the Stitched Story Services may be patent pending, and Stitched Story more generally is protected by copyright, trademark and other laws of both the United States and foreign countries. Logic Lab Software, LLC reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions You may provide regarding Logic Lab Software, LLC or Stitched Story Services is entirely voluntary and Logic Lab Software, LLC will be free to use such feedback, comments or suggestions as Logic Lab Software, LLC sees fit and without any obligation and or payment to You. All elements of Stitched Story Services, including underlying platforms, software, look and feel, and other components, to the full extent protectable by law, are either proprietary to Logic Lab Software, LLC or proprietary to our licensors.

10. Restrictions on Content and Use of Stitched Story

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on Stitched Story, to suspend or terminate users, and to reclaim usernames without liability to You. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Logic Lab Software, LLC, its users and the public. By using Stitched Story You agree to not submit Content in violation with the following rules: Do not post content that: • Depicts pornography or sexual acts. This includes intercourse, masturbation, and sexual nudity. Nudity that is intentionally artistic, educational, or associated with newsworthy events may be acceptable. We also have zero tolerance for any form of child sexual exploitation. • Constitutes hate speech. • Promotes or depicts unnecessary violence or graphic imagery. • Encourages, promotes, or depicts self-harm or suicide. • Has an unlawful purpose or furthers illegal activity. You agree to comply with all local laws regarding online conduct and acceptable content. • Intends to impersonate a person or brand with the intent to mislead, confuse, or deceive others. • Infringes on another's intellectual property. Do not engage in dialogue or behavior that: • Intends to incite or engage in the targeted harassment of others. This includes content that promotes the abuse of other people or the disruption of another person’s experience with the Stitched Story Services or any other form of bullying. • Directly or indirectly threatens or encourages any form of physical violence against an individual or any group of people. • Discloses or threatens to expose someone’s private information without their consent. This includes releasing another person’s private or confidential contact info, or other information that is considered and treated as private under applicable laws. You may not do any of the following while accessing or using Stitched Story: (i) access, tamper with, or use non-public areas of Stitched Story Services, Stitched Story’s computer systems, or the technical delivery systems of Stitched Story’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search Stitched Story Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Logic Lab Software, LLC (and only pursuant to those terms and conditions), unless You have been specifically allowed to do so in a separate agreement with Logic Lab Software, LLC (NOTE: crawling Stitched Story Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping Stitched Story Services without the prior consent of Logic Lab Software, LLC is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use Stitched Story Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing Stitched Story Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Stitched Story Services. If You have accessed any of the Stitched Story Services, You shall use them strictly in accordance with these Terms and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the services; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the services; (c) violate any applicable laws, rules or regulations in connection with Your access or use of the services; or (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Logic Lab Software, LLC, or its affiliates, partners, suppliers or the licensors of the services.

11. Copyright Policy

Logic Lab Software, LLC respects the intellectual property rights of others and expects users of Stitched Story Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If You believe that Your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) Your contact information, including Your address, telephone number, and an email address; (v) a statement by You that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that You are authorized to act on behalf of the copyright owner. We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Stitched Story will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on Stitched Story is: Copyright Agent - Stitched Story (Att: A. Parker) 2500 Dallas Parkway, Suite 600 Plano, Texas 75093 Email: info@stitchedstory.com

12. Ending These Terms

The Terms will continue to apply until terminated by either You or Logic Lab Software, LLC as follows: You may end Your legal agreement with Logic Lab Software, LLC at any time for any reason by deactivating Your accounts and discontinuing Your use of Stitched Story. If You wish to deactivate Your account, email info@stitchedstory.com. We may suspend or terminate Your accounts or cease providing You with all or part of Stitched Story Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) You have violated these Terms, (ii) You create risk or possible legal exposure for us; or (iii) our provision of Stitched Story Services to You is no longer commercially viable. In all such cases, the Terms shall terminate, including, without limitation, Your license to use Stitched Story Services, except that the following sections shall continue to apply: 4, 5, 7, 8, 9, 10, 11, and 12. Nothing in this section shall affect the rights of Logic Lab Software, LLC to change, limit or stop the provision of Stitched Story Services without prior notice.

13.Disclaimers and Limitations of Liability

Please read this section carefully since it limits the liability of Logic Lab Software, LLC and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, resellers, and licensors (collectively, the "Stitched Story Entities"). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to You. Nothing in this section is intended to limit any rights You may have which may not be lawfully limited.

• A. Stitched Story Services Are Available "AS-IS"

Your access to and use of Stitched Story Services or any Content is at Your own risk. You understand and agree that Stitched Story Services are provided to You on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, STITCHED STORY ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Stitched Story Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of Stitched Story or any Content; (ii) any harm to Your computer system, loss of data, or other harm that results from Your access to or use of Stitched Story, or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by Stitched Story; (iv) whether Stitched Story will meet Your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Stitched Story Entities or through Stitched Story, will create any warranty not expressly made herein. Any unavailability caused by circumstances beyond Our reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Our employees), Internet service provider failures or delays, or denial of service attacks.

• B. Links

Stitched Story Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Stitched Story Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from Your use of any such websites or resources.

• C. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOGIC LAB SOFTWARE, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE STITCHED STORY; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON STITCHED STORY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM STITCHED STORY; OR (iv) ILLEGAL OR UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF LOGIC LAB SOFTWARE, LLC EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID LOGIC LAB SOFTWARE, LLC, IF ANY, IN THE PAST SIX (6) MONTHS FOR STITCHED STORY SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT LOGIC LAB SOFTWARE, LLC HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

14. Use of Stitched Story Trademarks

You may make use of the Stitched Story name or other Stitched Story trademarks (including Stitched Story™) for the sole purpose of promoting Your use of Stitched Story Services. Any such use will be in accordance with Company’s trademark policies, which may be modified by Logic Lab Software, LLC from time to time. Written approval by Logic Lab Software, LLC must be received by You of all advertising and/or marketing collateral or other materials that use Logic Lab Software, LLC’s trademarks or logos. Any material that is not provided by Logic Lab Software, LLC or expressly approved by Logic Lab Software, LLC in written form is deemed unapproved. Except as set forth in this Section, this Agreement does not grant You any ownership or interest in Logic Lab Software, LLC’s trademarks or intellectual property rights. All goodwill arising from use of Logic Lab Software, LLC’s trademarks will insure solely to the benefit of Logic Lab Software, LLC Upon termination of this Agreement, You will immediately cease all use of Logic Lab Software, LLC’s trademarks.

15. Indemnification

You agree to indemnify and hold Logic Lab Software, LLC, its affiliates, directors, officers, employees, partners, resellers, and agents free and harmless from and against any and all claims, demands, causes of action, suits or other proceedings (including all costs in connection therewith including reasonable attorney’s fees) arising in favor of any person or on account of injuries or damages (including death) arising out of, or in connection with (a) Your use of the Stitched Story Services; (b) a breach, or alleged breach, of these Terms; (c) any negligent, fraudulent or intentional acts or omissions by You, Your agents or employees; and (d) any violation or infringement of any intellectual property rights or any other rights of any third party.

16. General Terms

A. Relationship of Parties

Nothing in these Terms is intended, or shall in any way be construed, so as to create any form of partnership, joint venture, employment, or agency relationship between You and Logic Lab Software, LLC and any intention of any kind to create any such partnership, joint venture, employment, or agency relationship is expressly disclaimed.

B. Waiver and Severability

The failure of Logic Lab Software, LLC to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

C. Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of Texas without regard to or application of its conflict of law provisions or Your state or country of residence. All claims, legal proceedings or litigation arising in connection with Stitched Story Services will be brought solely in the federal or state courts located in Plano (Collin county), Texas, United States, and You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If You are a federal, state, or local government entity in the United States using Stitched Story in Your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to You. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Texas (excluding choice of law).

D. Export Compliance.

The Services, and any other technology We make available, and derivatives thereof may be subject to export laws and regulations of the United States and other jurisdictions. Each party represents that it is not named on any U.S. government denied-party list. You shall not permit Users to access or use Services in a U.S.-embargoed country (currently includes, but not limited to, Cuba, Iran, North Korea, Sudan or Syria) or in violation of any U.S. export law or regulation.

E. Entire Agreement These Terms are the entire and exclusive agreement between Logic Lab Software, LLC and You

regarding Stitched Story Services (excluding any services for which You have a separate agreement with Logic Lab Software, LLC that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Logic Lab Software, LLC and You regarding Stitched Story Services. We may revise these Terms from time to time, and the most current version will always be at learn.StitchedStory/tos If the revision, in our sole discretion, is material we will notify You through Stitched Story Services. If You do not wish to be bound by any such revisions to the Terms, You must end these Terms with us as set forth in Section 12 above. By continuing to access or use Stitched Story Services after those revisions become effective, You agree to be bound by the revised Terms. If You live in the United States, these Terms are an agreement between You and Logic Lab Software, LLC. If You have any questions about these Terms, please contact us at contact@StitchedStory.com