Newsroom Communication Ltd offers a cloud based storytelling and content marketing platform called “Storyshaker” as well as related services as further specified on storyshaker.co. The Service allows the Users to create and manage content (the “Content”) and to serve it to web and mobile applications or any other platform.
All contractual relationships between Storyshaker and any user using the Services offered by Newsroom Communication Ltd (a “User”, “Users”) shall be governed by these Terms of Service (the “Terms of Service”). By registering with Storyshaker’s Website or using the Services, the User agrees to be bound by these Terms of Service.
The Service offerings of Storyshaker is available to Business Clients (as defined below). For the purpose of these Terms of Service, a “Business Client” is a User (whether an individual, company or partnership vested with legal capacity) who enters into the relevant contract in the conduct of its business or its self-employed professional activity.
Standard business conditions and/or general terms and conditions of the User do not apply, regardless of whether or not Storyshaker has expressly objected to them in a particular case.
Any use of the Services requires prior registration on the Storyshaker Website by creating a Storyshaker account and the acceptance of these Terms of Service. By clicking the box “I agree to these Terms of Service” or by registering on the Website after Storyshaker has provided a link with these Terms of Services stating that they will be included, a User agrees he has read, understood, and accepted the Terms of Service.
Storyshaker offers its Services to persons over 18 years of age.
The User is responsible for the accuracy of the information necessary for registration as a User. He is obligated to keep credentials secret and protect them against unauthorised use by third parties. In case of misuse or loss of the credentials or in case of an appropriate suspicion, he must report the same to Storyshaker to firstname.lastname@example.org.
Any User can be offered to invite other Users, inside as well as outside of his own organization.
3. Use of Services
Offers published by Storyshaker or its parent company Newsrooom Communication Ltd are non-binding.
The User may use the Services to a certain limit for free, or for a trial run, after registering. If a User registers for more than one free plan, then Storyshaker will have the right to delete these additional accounts.
By registering on the Website according to Section 2 hereof and subscribing to a subscription plan, the User makes a binding offer to use the respective Services. The subscription to a Trial or Demo is however not yet a binding offer. The offer shall be deemed to be accepted by Storyshaker by making available the respective Service. Upon the acceptance of a subscription by both User and Storyshaker a contract between the User and Storyshaker is concluded (the “Contract”).
The User can subscribe to the Services on a monthly or annual basis.
4. Technical Requirements
The User is solely responsible for the fulfilment of the Technical Requirements and the implementation of the Storyshaker toon on their platforms; Storyshaker does not owe and/or provide any consultancy services in connection therewith if not otherwise agreed. Storyshaker provides support for Users using a paid subscription plan.
The use of Services may differ depending on the hardware and/or software used by the User.
5. Prices and Payment
The User, when using a paid subscription plan, will be required to provide Storyshaker with billing and account information for credit card, debit or other payment systems, such as Bank details, (each a “Payment Source”) for which the User is authorized to approve charges to allow Storyshaker to collect payment from the Users for their purchases. The Users authorize Storyshaker to automatically and immediately bill the Payment Source when payments for subscription plans are due. The User shall only be allowed to raise an objection to a bill/deduction within thirty days starting from the day the deduction was made. If the objection was not raised, the deduction is deemed accepted by the User.
The billing of a subscription plan is made on a pre-paid basis. The payment source will be billed within five bank working days of the beginning of the chosen subscription period and at every renewed period of subscription respectively according to the current price list.
Storyshaker may also send an invoice to the User for settlement of the subscription plan as an alternative to the automated billing process. These invoices have to be settled within 30 days after receipt of the invoice.
Storyshaker may amend the price list of Services at any time upon observance of statutory regulations and notifying the Users about the amendment.
The stated prices are net prices excluding VAT. All other charges in connection with the use of the Services shall be borne by the User.
6. Contract Period, Termination of Contract, Cancellation of account
The term of use depends on the subscription period chosen by a User when ordering Storyshaker’s Services and shall be renewed for that same period (i.e. another month/year) each time the User does not terminate the Contract according to Section 6.2 below.
The User may terminate a Contract before the end of the ordered subscription period or to the end of the respective renewed period. The User can also change the length of the ordered subscription plan before the end of his subscription period instead of terminating the Contract. The ordinary termination of a Contract before expiry of the respective subscription period is hereby excluded. The User having used the trial run may unsubscribe from Storyshaker anytime without giving reason and without notice by using the respective button in his account.
A User may also switch to another plan within the ordered subscription period. Payments already made for the ordered plan will not be refunded.
The right of termination for cause and without notice remains unaffected for both parties. A good cause for termination shall include, but shall not be limited to, any of the following events:
the User fails to comply with any applicable legal provisions;
the User fails to comply with any terms of these Terms of Service;
the User fails to pay the fees for the ordered Services.
Any termination declaration must be at least in text form (e.g. by letter, email) to Newsroom Communication Ltd, Brunnadernstrasse 66b, CH-3006 Berne or to email@example.com.
After a User has terminated the Contract, Storyshaker will not provide any stored data in the account. Storyshaker will delete any data of that User after he has cancelled his registration.
7. Prohibited use
The Users shall act according to the destined functions of the Services. Any inappropriate or illegal use, manipulation, or change of the Services is prohibited. It is particularly forbidden to use the Services to distribute illegal Content and/or Content that infringes third parties rights, in particular but not limited to
pornographic, insulting, offensive, racist, threatening, youth protection law infringing, or other illegal or immoral Contents or to advertise, offer, or sell such products;
threats to other Users;
Content that affects or infringes the rights of third parties or that is covered by copyrights, unless the User owns the respective copyright or has the permission of the copyright owner;
Furthermore it is forbidden
to use temporary e-mail addresses;
to create multiple accounts for disruptive or abusive purposes;
Storyshaker reserves the right to delete any infringing Content according to this Section 7, terminate the Services and/or suspend accounts of Users that are violating any of these Terms of Service, in particular this Section 7.
8. User’s Warranty, Responsibility
The User is solely responsible for its Content and for payments of all fees and licences related hereto, such as royalty payments to any collection societies. In particular the User represents and warrants that any material, data, images, photos, videos, music and other Content submitted or otherwise transferred or published via Storyshaker or the use of the Services of Newsroom Communication Ltd does not infringe third party rights or any applicable law and does not consist of or include Content according to Section 8 hereof.
Storyshaker has no ability to and does not control or monitor any of the Content. Storyshaker is not responsible or liable for the availability, accuracy, completeness, freshness and legality of the Content.
9. Liability of Storyshaker
Storyshaker is unrestrictedly liable for damages that have been caused by deliberate intention or by gross negligence by Storyshaker, its legal representatives or senior executives and for damages that have been caused by deliberate intention by other assistance in performance; in respect of gross negligence of other assistants in performance Storyshaker’s liability shall be as set forth in the provisions for slight negligence.
In cases of slight negligence, Storyshaker is only liable if it, its legal representatives or assistants in performance has infringed a fundamental duty and if the purpose of the Contract is threatened thereby or if it its legal representatives or assistants in performance have infringed duties that have to be fulfilled for the duly contract implementation and if the User generally relies on the fulfilment of these duties. In the aforementioned cases, Storyshaker is only liable for foreseeable damages by a User at the time the respective Service was performed. Liability of Storyshaker for consequential damage and lost profit is excluded.
Storyshaker is only liable to Business Clients in the event of gross negligence for predictable damages up to the amount of the respective price of Service.
Storyshaker will not be liable hereunder by reason of any failure to timely perform its Services due to an event beyond its reasonable control, including acts of God; acts of terrorism; civil unrest; war; fires; power cuts; epidemics.
Storyshaker will make every effort to provide a stable and powerful Service in cooperation with service partners and data processing centres. However, potential service failures due to malfunctions or maintenance works are to be expected and do not constitute a defect of Service. No guarantee of Storyshaker shall be given for the absence of viruses or any other harmful components of the Storyshaker software.
If the liability of Storyshaker is excluded or restricted, this also applies to the personal liability of its employees, representatives, and agents.
10. Intellectual Property Rights
Subject to the Users compliance with the terms and conditions of these Terms of Service, Storyshaker grants its Users a limited non-exclusive, non-transferable license to access and make personal use of the Storyshaker software including and not to download or modify it, as part or as a whole (the “Storyshaker License”). The Storyshaker License does not include the right of any resale or other use outside the offered Services except previously agreed. Any commercial use of the Services requires Storyshaker’s prior written approval. The Storyshaker License granted to a User will automatically terminate without notice from Storyshaker if the respective User breaches any terms of these Terms of Service.
Storyshaker does not claim any ownership rights in User Content. However by uploading, streaming, emailing or otherwise transmitting any Content to Storyshaker, the User hereby grants Storyshaker the non-exclusive, worldwide, royalty-free, sub-licensable right to use, in particular to copy, modify, transmit, store, archive, display and publish the Content for the purpose of providing the Services.
11. Use for reference
The User agrees that Storyshaker may use information of the User provided by him (i.e. the name/trademark) for marketing purposes as reference on their website. The User may withdraw such consent by writing an email to Storyshaker to firstname.lastname@example.org
12. Data Protection
Any contracts entered into between Storyshaker and a User shall be governed by the laws of Switzerland under exclusion of the UN Convention on the International Sale of Goods (CISG), without prejudice to any mandatory conflict of laws provisions.
Should any provision of this Terms of Service be or become invalid, ineffective or unenforceable as a whole or in part, the validity, effectiveness and enforceability of the remaining provisions shall not be affected thereby. Any such invalid, ineffective or unenforceable provisions shall be deemed replaced by such valid, effective and enforceable provision as come closest to the economic intent and purpose as of such invalid, ineffective or unenforceable provisions as regard subject-matter, amount, time, place and extent. The aforesaid shall apply mutatis mutandis to any gap in these Terms of Service if any court has confirmed such proceeding.