Storyana Terms of Service

Our terms of service in a nutshell:

Please read carefully before downloading any software or the app, or consuming any content from this website.

These Terms of Service (“Terms”) are an agreement between you (“End-user” or “you”) and Motion Media (“Motion” or “we”) for mobile application software and/or computer software and any related printed documents and online or electronic documents (together “Products”) created on our website Storyana (“Storyana”). The Terms govern your use of the Products, their services and content (“Services”).

We license use of the Products to you on the basis of these Terms. We remain the owners of the Products at all times, however, you own the rights to the content you create and post on Storyana.

By using any of our Products and/or Services you agree with these Terms including the Storyana Privacy Policy defined below in condition 1.2 and limitations on our liability in condition 7. If you don’t agree to any of the Terms, you can’t use any of our Products and we may remove your content, or suspend or delete your account.

We may change these Terms at any time by informing you in advance. The new Terms may be displayed on-screen and you may be required to read and accept them to continue use of the Products and/or Services. By further using of the Products and/or Services you agree to the new Terms. If you don’t agree to them, you should delete your account before they take effect, otherwise your use of the Products, Services and content will be subject to the new Terms.

Agreed Terms 

1. Please Be Aware of

1.1 You accept full responsibility over using Storyana on your device (e.g. mobile telephone and computer), no matter whether it is yours or not (“Devices”).

1.2 The terms of our privacy policy available at our website (“Privacy Policy”) are the inseparable part of these Terms and you shall read our Privacy Policy before accepting these Terms. By accepting these Terms you also confirm that you have read and understood our Privacy Policy. Additionally, by using the Products or any Service, you understand that internet transmissions are never completely private or secure.

1.3 By using the Products or any Service, you consent to:

1.4 Our processing and protection of personal data, that you provided to us, in accordance herewith, is governed by Act No. 101/2000 Coll., on the protection of personal data, as amended, as well as by our Privacy Policy.

1.5 We reserve all rights in Storyana’s image and design. As for other parts of Storyana, you may not copy or adapt any portion of our code or visual design elements (including logos) without express written permission from us.

2. Licence Granted to You 

2.1 In consideration of you agreeing to these Terms, we grant you a non-transferable, non-exclusive licence to use the Products on the Devices, subject to these Terms and the Privacy Policy. We reserve all other rights.

3. Certain Licence Limitations

You agree that you:

(a) respect the originality of our Products: i.e. NOT to copy the Products except where such copying is incidental to normal use of the Products, or where it is necessary for the purpose of back-up or operational security, and also NOT to make alterations to, or modifications of, the whole or any part of the Products, or permit the Products or any part of it to be combined with, or become incorporated in, any other programs;

(b) not to trade with the Products: i.e. NOT to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Products;

(c) help us to protect the Products: i.e. if you find a security vulnerability on Products and/or Services, to inform us;

(d) protect the Products: i.e. NOT (or try) to interfere with, or disrupt the access of any user, host, or network, including sending a virus, overloading, flooding, spamming, mail-bombing the Products, scripting the creation of content or accounts in such a manner as to interfere with or create an undue burden on the Products;

(e) respect our copyrights rights: i.e. to include our copyright notice on all entire and partial copies you make of the Products on any medium; and

(f) follow relevant regulations: i.e. to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Products or any Service (“Technology”),

(together “Licence Restrictions”).

4. Acceptable Use Restrictions

You agree that you:

(a) use the Products duly and legally, i.e. NOT use the Products or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Products, any Service or any operating system;

(b) respect the rights: i.e. NOT infringe our intellectual property rights or those of any third party in relation to your use of the Products or any Service;

(c) stay friendly to us and end-users community: i.e. NOT transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Products or any Service, and NOT use the Products or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users, and also NOT collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

(together “Acceptable Use Restrictions”).

5. Intelectual Property Rights 

5.1 You are aware that all intellectual property rights in the Products and the Technology anywhere in the world belong to us or our licensors, that rights in the Products are licensed (not sold) to you, and that you have no rights in, or to, the Products or the Technology other than the right to use each of them in accordance with these Terms.

5.2 You own the rights to the content you create and post on Storyana and you are fully responsible for it, i.e. you assume all risks related to it, including someone else’s reliance on its accuracy, or claims relating to intellectual property or other rights.

5.3 We may require the End-user (i.e. content owner), especially if the content is widely popular, to specify one or more Storyana users whom the editing rights are automatically transferred in case the End-user doesn’t log in Storyana for half a year, otherwise the editing rights will be transferred to us.

5.4 By posting content to Storyana, you give us a nonexclusive license to publish it on Storyana Products or Services, including anything reasonably related to publishing it (like storing, displaying, reformatting, modifying and distributing it). In consideration for Storyana granting you access to and use of the Products and/or Services, you agree that Storyana may enable advertising on the Products and Services, including in connection with the display of your content or other information. We may also use any content to promote Storyana, including its products and content. However, we will never sell your content to third parties without your explicit permission.

5.5 You can post to Storyana any content you’ve published elsewhere, as long as you have the rights you need to do so. By posting content to Storyana, you also represent that doing so doesn’t conflict with any of your obligations or other agreement you’ve made.

5.6 By posting content to Storyana, you accept the risk that someone will copy your content as we cannot protect anybody from doing so.

5.7 Content can be marked as “public” or “private”. By marking your content as “public”, you agree that any other end-user can freely borrow your content and incorporate it or refer on it in its content. Any content borrowed/shared from other Storyana End-user will be always marked in Storyana as “borrowed content” and tagged with the original author’s name.We can remove any of your content without stating a reason.

5.8 We conduct no content censorship on a regular basis, however end-users can report abuse and we will try to sort it out. We don’t tolerate the content that promotes or encourages hatred, discrimination or violence against others based on things like race, cultural identity or ethnic background, religious beliefs, disability, gender identity, or sexual orientation or comprises in use of threats of violence between end-users or against the wider public or content related to extremist ideologies or illegal activities.

5.9 Don’t post any content that is predominantly sexual in nature, or that could be perceived as an aid to sexual gratification.

5.10 You can delete any of your posts, or your account, anytime. Processing the deletion may take a little time, but we’ll do it as quickly as possible. 

6. Disclaimer of Waranty

6.1 Motion provides the Products and the Services to you “as is”. You use them at your own risk and discretion. That means they don’t come with any warranty. None expressed, none implied. No implied warranty of merchantability, fitness for a particular purpose, availability, security, title or non-infringement.

7. Limitation of Liability 

7.1 We will do our best to safeguard your contents. However, Motion won’t be liable to you for any damages that arise from your using the Products and/or Services. This includes if the Products and/or Services are hacked or unavailable. This includes all types of damages (indirect, incidental, consequential, special or exemplary) and any potential loss of profit, loss of business, business interruption, or loss of business opportunity. And it includes all kinds of legal claims, such as breach of contract, breach of warranty, tort, or any other loss.

7.2 We hold no responsibility over published contents, especially rights to images, videos or songs etc. Neither are we liable for any damage, harm or loss arising out of your actions or omissions that are contrary to these Terms.

8. Termination

8.1 We may terminate these Terms for any reason, however, please be informed that we terminate these Terms immediately by written email notice to you:

8.2 On termination for any reason:

8.3 We may change, terminate, or restrict access to any aspect of the Products and/or the Services, at any time, without notice. 

9. Other Important Terms

9.1 If Motion doesn’t exercise a particular right under these Terms, that doesn’t waive it.

9.2 Storyana is only for people 13 years old and over. By using Products, you affirm that you are over 13. If we learn someone under 13 is using the Products, we will terminate and delete their accounts.

9.3 We may transfer or assign our rights and obligations under these Terms to another entity, but this will not affect your rights or our obligations under these Terms.

9.4 Each of the provisions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect and you agree that the court should try to give effect to the parties’ intentions as reflected in the original provisions.

9.5 Please note that these Terms, its subject matter and its formation, and any legal relations established under it or derived from it, including issues of its formation and validity are governed by Czech law. You and we both agree that the courts of Czech Republic will have non-exclusive jurisdiction.

9.6 These Terms (including any document incorporated by reference into them) comprise the entire agreement between Motion and you concerning the Products and Services.