Terms of Use

Last updated: December 20, 2020

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with https://makestoryboard.com website (the "Service") operated by MakeStoryboard ("us", "we", or "our"). The Service is owned by Oleksii Lizhnyk (tax number 145/178/42193, address: Heinrich-Lubke-str. 16, 81737 Munchen, Germany.

Please read these Terms and Conditions carefully before using the Service.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). Subscription is set on a monthly base.

You may cancel your Subscription by contacting MakeStoryboard customer support team.

A valid payment method, including credit card , is required to process the payment for your Subscription. You shall provide Stripe Inc with accurate and complete billing information and a valid payment method information. By submitting such payment information, you automatically authorize MakeStoryboard to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, MakeStoryboard will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Payment

All payments made on our site are processed by Stripe Inc, a third party payment processor made available on our site. You must comply with the terms and conditions of all agreements between you and Stripe Inc, https://stripe.com/gb/terms, and if you have any disputes regarding the processing of your payment you must deal directly with Stripe Inc to deal with the dispute.

Fee Changes

MakeStoryboard, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

MakeStoryboard will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Certain refund requests for Subscriptions may be considered by MakeStoryboard on a case-by-case basis and granted in sole discretion of MakeStoryboard.

Content

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in these terms of use.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty.

Any content you upload in respects to https://makestoryboard.com will be considered confidential and proprietary. You retain all of your ownership rights in your content, but you are required to grant a limited licence to us use, store and copy that content and to make it available to us. The rights you license to us are described in the next paragraph (Rights you licence).

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We will however take all reasonable endeavours to inform you if this is the case.

By using our services you warrant that the content uploaded by you is owned by you. We have the right to suspend or terminate your account, without notice, if we are notified or become aware of any infringement of intellectual property rights.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in these terms of use or infringes any third parties intellectual property rights.

You are solely responsible for securing and backing up your content but we may keep backups of content that you upload for a limited period of time.

Rights you license

When you upload or post content to our site, you grant to us the following licenses: a non-exclusive irrevocable, transferrable, royalty free, perpetual licence in the world to us to store your content on our servers and third-party cloud-based servers of which we use.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Free Trial

At our sole discretion, we may from time to time offer a Subscription with a free trial of our Service ("Free Trial"). Such a Free Trial will allow you to use our Service with limited functionality free of charge.

We do not guarantee constant availability of Free Trial offers and reserve the right, at any time and without notice, to either modify the terms and conditions of the Free Trial offer or cancel such Free Trial offer at all.

Payment

When you decide to purchase the Subscription to our Service ("Purchase"), you will be required to provide Stripe with your personal and financial information for conducting the Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. This information will be processed and stored by Stripe directly, we will not store your financial information on our servers and/or cloud-based servers of third-party providers that we use for providing Service.

You will be charged in Euros or in local currency with local applicable taxes if that currency is provided in the service. All fees due and payable by you to us for the Subscription must be paid in full. Subscription price includes all applicable taxes.

You must have the legal right to use any credit card(s) or other payment methods and provide true, correct and complete information. You warrant that you have such a right and provided information is true, correct, and complete. Also, you acknowledge and agree that we are not responsible for any loss or damage arising from the submission of false or inaccurate information.

If we suspect an unauthorised or illegal transaction or fraud, we reserve the right to refuse or cancel your order. Also, your order can be canceled or refused if our Service is not available at a time as well as errors in the description or price of the Service, error in your order or other reasons. You understand and agree that we will not be liable for loss or damage arising out of such cancellation.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by MakeStoryboard.

MakeStoryboard has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that MakeStoryboard shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Prohibited uses

You may use our site only for lawful purposes. You may not use our site:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Permitted use of Service

We grant to you a personal, non-exclusive, non-transferable, limited, revocable right to use and/or access the Service. You understand and agree that (a) nothing in these Terms of Use constitutes a transfer of any rights, title and/or interest in any intellectual property rights related to the Service; (b) you are not entitled to any rights related to the Service which are not expressly provided herein.

Intellectual property rights

The Service and its features, functionality, and original content are and will remain the exclusive property of us and our licensors. Our Service, trademark, and copyrights are protected by laws on the intellectual property of Germany and international treaties. We do not allow and strictly prohibit any usage of our original content, trademarks, trade dress, and other our intellectual property in connection with any product or service without our prior written consent.

Copyright policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any content found on and/or through Services on your copyright.

You may submit a notification about the Infringement with the following information in writing:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
  • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • identification of the URL or other specific location on Service where the material that you claim is infringing is located;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Feedback

You may provide us with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (a) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (b) we may have development ideas similar to the Feedback; (c) Feedback does not contain confidential information or proprietary information from you or any third party; and (d) we are not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant us and our affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

Data Processing Agreement

All our users, that process via our Service personal information concerning individuals residing in the European Union, are the data controllers such data processed by us and/or by our service providers on your behalf. In order to comply with the requirements of the General Data Protection Regulation, you provide your consent to be bound with the terms of the Data Processing Agreement which shall remain effective during the whole period you use our Service. Carefully read our Data Processing Agreement as well.

Indemnification

You agree to indemnify, defend and hold harmless us, our affiliates and our licensee and licensors (including their employees, contractors, agents, officers and directors) from and against any and all claims, obligations, damages, liabilities, losses, debt or costs, and expenses (including but not limited to reasonable legal fees), resulting from or arising out of: (a) your use of the Service, (b) any unauthorised use of your Account or password, (c) unavailability of the Service to be used by you, (d) your content, (e) any your breach of the Terms.

Force Majeure

We are not responsible for the failure or delay in meeting our obligations arising from any condition beyond our reasonable control, including but not limited to the use of equipment or services to third parties, communication failure, government action, war, terrorist acts, earthquakes, fire, flooding or other natural disasters, working conditions, power supply failures, and Internet connections.

Entire agreement

The entire agreement between you and Service consists of the Terms, Cookie Policy, Privacy Policy and Data Processing Agreement. Read all these documents before you start using the Service.

Severability

If any provision of the agreement is held to be legally invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way.

Assignment

You may not assign your rights under the Terms to any other party without our express prior written consent. We may assign, without your consent, our rights and obligations.

Jurisdiction

The parties irrevocably agree that the courts of Germany shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

Dispute resolution

Each party will notify the other party in writing of any dispute within 30 days of the date it arises, so that the parties can attempt in good faith to resolve the dispute informally. Notice to us shall be sent by email. Your notice must include (a) your name, postal address, email address and telephone number, (b) a description in reasonable detail of the nature or basis of the dispute, and (c) the specific relief that you are seeking. If you and we cannot agree how to resolve the dispute within 30 days after the date notice is received by the applicable party, then either you or we may, as appropriate and in accordance with this section, commence a court proceeding.

Language and communications

The Terms are provided in English and its translations into other languages may contain inaccuracies, for which we do not bear any responsibility. We suggest using the English version and using other languages is at your own peril and risk. You also agree that all communications are conducted with us in English.

You agree to receive communications from us electronically. Electronic notifications will be sent to your e-mail address that you used for registration purposes, as it can be subsequently changed by you in your account settings or by written notification. All communications in electronic form will be considered “in writing” and are considered to be received on the day of mailing. We reserve the right, but not the obligation to provide communication in paper format.

Limitation Of Liability

In no event shall MakeStoryboard, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

MakeStoryboard its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or c) the results of using the Service will meet your requirements.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Bavaria, Germany, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

Oleksii Lizhnyk (tax number 145/178/42193)

Heinrich-Lübke-str. 16, 81737 München, Germany,

telephone: +49 1516 84 16167,
e-mail: alex@makestoryboard.com

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