By using Cyberport/BizGym, you agree to be bound by the following Terms of Service:
1. Eligibility. Anyone old enough to read is welcome to use this website however use is void where prohibited. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions contained herein.
2. Term. This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason by following the Delete Membership instructions on your Settings page. StoryManager may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your application for membership, or to other email address as you may later provide to Storymanager. Even after membership is terminated, this Agreement will remain in effect, and even after this Agreement is terminated, certain provisions will remain in effect, including sections 4-17.
3. Personal Use Only. The Website is for the personal use of individual Members only and may not be used in connection with other endeavors unless agreed to in writing by StoryManager. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
4. Proprietary Rights. StoryManager owns and retains all proprietary rights in the Website, Website content, Website data schema and the Service unless otherwise agreed to in writing. All materials including but not limited to content at the Website are copyrighted materials including but not limited to graphics, designs, written copy, data and other content, and may be used only with prior express written consent of StoryManager. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any Website information. Copying, printing, reproducing, republishing, distributing or otherwise using the materials on the Website without such consent shall be considered a willful infringement of U.S. and other countries’ copyright laws.
5. Trademarks. The BizGym® System, the BizGym® wordmark, the StoryManager® wordmark and the StoryManager® logo are registered United States trademarks owned by StoryManager, Inc. You may not copy, modify, publish, transmit, distribute or display any such traedemarks without prior written consent from StoryManager. Copying, printing, reproducing, republishing, distributing or otherwise using such trademarks without consent as noted above shall be considered a willful infringement of U.S. and other countries’ trademark laws.
6. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
7. Content Posted on the Site
a. You understand and agree that StoryManager may review and delete any content, messages, photos or profiles (collectively, “Content”) that in the sole judgment of Storymanager violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
b. You are solely responsible for the Content that you publish or display (hereinafter, “post”) on the Service, or transmit to other Members.
c. By posting Content to any public area of the Website, you automatically grant, represent and warrant that you have the right to grant, to StoryManager an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
d. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. StoryManager reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that: is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”; promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes. You must use the Service in a manner consistent with any and all applicable laws and regulations.
e. You may not engage in unauthorized advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although StoryManager cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, StoryManager reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Storymanager deems appropriate in its sole discretion.
8. Member Disputes. You are solely responsible for your interactions with other Members of the Website. StoryManager reserves the right, but has no obligation, to monitor disputes between you and others in relation to disputes involving the Website or the Service.
11. U.S. Export Controls. Software from this Website (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
12. Disclaimers. StoryManager does not render legal, accounting or tax advice. StoryManager is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by StoryManager, Members of the Website or by any of the equipment or programming associated with or utilized in the Service. StoryManager is not responsible for the conduct, whether online or offline, of any Member of the Website or the Service. StoryManager assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Member communications. StoryManager is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to Members or to any other person’s computer related to or resulting from, storing content, using the Website or downloading materials in connection with the Web and/or in connection with the Service. No delay or failure by the Website or StoryManager in the performance of any obligation of this Agreement shall be deemed a breach of this Agreement nor shall it create any liability, if the same shall arise by reason of any cause beyond the reasonable control of StoryManager, including, but not limited to, labor disputes, strikes, wars, riots, insurrection, civil commotion, accident, shortage of materials or equipment, government regulations, fire, flood, storm, or any other acts of God, including defects and/or breakdowns of equipment and programming errors. Under no circumstances will StoryManager be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between Members or users of the Website, whether online or offline. The Website and the Service are provided “AS-IS” and StoryManager expressly disclaim any warranty of fitness for a particular purpose or non-infringement. StoryManager does not guarantee and does not promise any specific results from use of the Website and/or the Service.
13. Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will StoryManager be liable to any Member, user or third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including without limitation, any loss of revenues, profits, or business or other economic loss arising out of or in connection with the services provided hereunder from your use of the Website or the Service, even if StoryManager has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, StoryManager’s liability for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the latest annual Membership Fee amount paid, if any, by the aggrieved party to StoryManager for the Website Service.
14. Disputes. If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed by the laws of the State of Hawaii without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Hawaii, City of Honolulu. If any provision of this Contract is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of this Contract shall continue in full force and effect.
15. Arbitration. The parties agree to submit any dispute arising out of or in connection with this Contract to binding arbitration in Honolulu, Hawaii before the American Arbitration Association pursuant to the provisions of this Section, and, to the extent not inconsistent with this Section, the rules of the American Arbitration Association. The parties agree that such arbitration will be in lieu of either party’s rights to assert any claim, demand or suit in any court action, provided that either party may elect either binding arbitration or a court action with respect to a breach by the other party of such party’s proprietary rights, including without limitation any trade secrets, copyrights or trademarks. Any arbitration shall be final and binding and the arbitrator’s order will be enforceable in any court of competent jurisdiction.
16. Indemnity. You agree to indemnify and hold StoryManager, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees and dispute costs, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
17. Other. This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and StoryManager regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.