Terms and Conditions
Welcome to our website storyplanner.com ("Website"). We are Story Planner of Suite B0189 265-269 Kingston Road, Wimbledon, London, SW19 3NW (referred to throughout this Website as "we", "us", "our").
Please also be aware that these Terms will form the contract between you and us when you pay for premium membership. Therefore please read these Terms carefully and make sure that you understand them. If anything in our Terms is not clear, please contact us and we'll do our best to explain.
We may improve our Terms over time. By continuing to use the Website and access our services, you will implicitly accept the changes we make. If you breach any of the Terms, your authorisation to access or use our Website and our services automatically terminates. We may restrict, disable, suspend or terminate your access to all or part of the Website at any time in our sole discretion, without prior notice or liability to you. To date we have never had to do this, and we hope it never happens.
If you continue to use any part of our Website or access our services, you agree to be bound to these Terms. If you do not agree with them, you must not use our services.
LAST UPDATED: 15 JANUARY 2017
1. OUR SERVICES & MEMBERSHIP
- Use of our services: You can use our Website for personal or commercial purposes, subject to these Terms.
- Registering as a member: You can read our templates on our Website without being a member. However, in order to use our templates (for example, to fill in, save or edit a story plan) you must register as a member and be aged of 16 or over. A free member is allowed one template use and a premium member is allowed unlimited use of templates.
- About premium membership: Limited use of the Website is free, but to use more than one of our templates you have to pay a fee for premium membership: the different packages are described on our Payment page ("Premium Membership"). No contract between us exists until we send you a confirmation email after receiving your request to subscribe to Premium Membership and accepting your payment.
- One-off payment for Premium Membership: If you buy a Premium Membership package from us, it is a one-off payment and once it has run out, we will not take another payment unless you ask for this.
- Time limit on Premium Membership packages: There is a time limit on Premium Membership packages: this is explained on the payment page. Once this time limit has passed, you will not be able to use your Premium Membership package and must buy another.
- Passwords: When you register as a member you will receive a password. Where you have a password, you must not share your password with any other person. Responsibility for the security of any passwords issued rests with you and if you know or suspect any unauthorised uses of your password and/or other breaches of security, you agree to notify us immediately at firstname.lastname@example.org. We will not be liable for any loss or damages of any kind, caused by your failure to comply with your password security obligations or caused by any person to whom you grant access to your password(s).
- Changes to our services: We will have the right to make any changes to our services (which includes without limitation our Premium Membership packages) at any time which do not materially affect the nature or quality of our services.
2. YOUR CONTENT
- Responsibility of content created by you: On some parts of the Website you can publish your own content. You are responsible for managing any content you create, including using any privacy settings we make available. You also acknowledge and agree that we have no liability of any kind should anyone you grant access to your content modify, destroy, corrupt, copy or distribute it, or otherwise violate the terms that you may impose on the use of your shared content.
- Your content is owned by you: The content you add to our Website, as you complete and save plans in your account, belongs to you and remains your intellectual property (including copyright). We do not claim intellectual property rights over plans and writing ideas created by others on our Website, or any of the content you add or upload to the Website.
- We will not share your content: We will never publish your content or promote it, or share or reveal this work to others, unless you expressly give us permission to do so. Your ideas and work are kept securely on our server.
- Monitoring content created by users: We do not monitor content published by our users and take no responsibility for things that you or others publish.
- Offensive content: You agree to not submit or link to any content which is defamatory, abusive, hateful, threatening, spam or spam-like, likely to offend, contains adult or objectionable content, contains personal information of others, risks copyright infringement, encourages unlawful activity, or otherwise violates any laws.
- Private content: All content you submit or upload may be sent to third-party verification services (including, but not limited to, spam prevention services). Do not submit any content that you consider to be private or confidential.
- Moderating content: We reserve the rights to remove or modify any content submitted for any reason without explanation. Requests for content to be removed or modified will be undertaken only at our discretion. We reserve the right to take action against any account with the service at any time.
- Idea theft: If you decide to post a story, a scenario to a film, or other literary work, idea for a film or literary work creation in the comments section of our blog or other public area of the site, you voluntary and knowingly take a risk of that your story or idea can be stolen and further are wrongfully used by users of Story Planner. We do not bear any responsibility for theft and wrongful use of your works or ideas by users of our site. By posting your work or idea at our site, you release us from any responsibility for damages or loss caused by or connected with such theft or wrongful use.
3. OUR CONTENT
- Our content: Our content means all content and information such as planning templates, web pages, communications, text, images, photographs, graphics, videos, content, tools, resources, software, code, programs and products on the Website created by, owned by or licensed to us ("Story Planner Materials").
- Rights in our content: Story Planner Materials are protected by copyright, trade marks, patents, trade secrets and all other intellectual property and proprietary rights, and any unauthorised use of the Story Planner Materials may violate such laws and these Terms.
- Licence to use our content: If you are a free member, we grant you a non-transferable, non-exclusive licence to use one template available on our Website throughout the world in perpetuity for the purpose of you planning and writing your book or story. If you are a premium member, we grant you a non-transferable, non-exclusive licence to use an unlimited number of templates available on our Website throughout the world for the period of your subscription for the purpose of you planning and writing your book or story.
- Use of our content: Except as agreed under these Terms, You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Story Planner Materials or any portions of them. This includes without limitation any attempt to discover the source code of the software contained within the Story Planner Materials. Any unauthorised use may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
- Use of trade marks and logos: The trade marks, logos and service marks displayed on this Website are the property of us or other third parties. You are not permitted to use them without the prior consent of Story Planner or such third party that may own the marks.
- Use of our content for publicity purposes: Despite Clause 3(d) above, we may grant prior written permission for you to reproduce or publish our templates or website content for publicity purposes. Any such requests should be made in writing to email@example.com and such permission will be granted in our absolute sole discretion.
4. PAYMENT & PRICING
- Payment: Payment for Premium Membership must be paid for through PayPal and details of prices are on our Payment page. Your subscription to Premium Membership will not begin until we send you a confirmation email and we receive your payment in full.
- Discount codes: From time to time we may offer discount codes redeemable against our Premium Membership packages. These discount codes may be withdrawn at any time. Please ensure you read any separate terms and conditions which may apply, published with the discount code.
- Changes to pricing: We reserve the right to make price changes without prior notice.
- Taxes, VAT & other charges: Where applicable, prices quoted include VAT. We are also not responsible for any other taxes or charges you incur, such as those your bank, building society or PayPal may charge you.
5. YOUR RIGHT TO CANCEL
Please note, this section only applies if you are an individual consumer and not if you are a business.
- Cancellation and your right to a refund: Subject to Clause 5(b) below, if you buy a Premium Membership package, you can contact us and cancel within 14 days (starting from the date you received our confirmation email) and we will give you a full refund as long as you have not used our templates during that period. If you have used the service we cannot offer a refund. We will make any refunds due as soon as possible and in any event within 14 days after you inform us of your decision to cancel.
- Loss of cancellation right: You acknowledge that if as a premium member you use our templates before the 14 day right to cancel ends, you therefore consent to the immediate performance of the contract and acknowledge that you will lose your right to cancel.
- Who to contact if you wish to cancel: To cancel your Premium Membership package, simply notify us at firstname.lastname@example.org. Please include your membership details to help us to identify you. Your cancellation is effective from the date you send us the email.
- Any refunds will be returned to you on the method you used to pay.
- We do not provide refunds if you cancel after this 14 day period, except where digital templates are faulty or misdescribed.
6. CODE OF CONDUCT
- Code of conduct: This code of conduct is designed purely for the (very rare) cases where people might abuse our services. We reserve the right to terminate your access to our Website and our services if you breach the following terms.
- You cannot share your account: Each account can only be used by a single person at one time. If you are part of an organisation that wants to provide access to several people at one time, contact us to find out about our forthcoming shared account plan, which is suitable for schools, writing groups, and anyone else who needs several people to have access at the same time.
- You cannot not give false information: You cannot use a false email address, impersonate others, or misrepresent your affiliation with others.
- You cannot violate the law or rights of others: You cannot use our Website or any of our templates in a way that violates the law or that violates the intellectual property or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory.
- When we might stop you using the Website: If you break these Terms including without limitation if we cannot take a payment for a Premium Membership subscription when it is due, we reserve the right to stop you using the Website or/and to terminate the contract between us. In all these cases you will have no right to a refund.
8. LIMITATIONS & OUR LIABILITY
- Availability of the service: We do not guarantee or promise that our Website and services will always be available or fully functional. We will not be liable to you for any losses you might suffer from lack of availability. Like all other web-based services, we are vulnerable to the inherent unreliability of the Internet. However, reliability is something we are proud of, your Story Plans are saved on a server that offers a 99.99% Uptime agreement. Your project information is saved (unencrypted other than passwords) in our database. We have a real-time back-up and we keep daily database snapshots of the last 3 days.
- Changes to the service: Our services are provided on an "as is" basis and are subject to change. We reserve the right to withdraw elements of our services or any content on our Website at any time and will not be liable to you for any losses you might suffer. However, where we remove content from your subscription, we will try to replace any content you have paid for with a comparable substitute.
- Things beyond our control: We will not be liable to you for any loss you may suffer during any period where we cannot provide a service as a result of circumstances beyond our control. This includes circumstances such as so-called 'Acts of God', strikes, equipment failure and anything else we cannot reasonably be expected to have control over. We will always try to notify you about such problems.
- Limit of liability: We make no guarantees about our templates or the success of using them, and to the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any content on it or our services, whether express or implied (except where set out in these Terms). We will not be liable to you for any loss of profit, or any indirect or consequential loss arising under or in connection with our services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with our Website or our services. For any other loss you suffer that is caused by us, we limit the liability we have to you to the total money you spent on our services in the 12 calendar months before the event giving rise to the claim.
- Nothing in our Terms exclude or limit our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
- Entire agreement: These Terms constitute the entire agreement between us and they may only be modified by written agreement between us and you.
- Governing law & jurisdiction: These Terms are governed by and construed in accordance with English law. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the English courts.
- Non-assignment: You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
- Rights of third parties: Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.
- Comments and complaints: We value your comments and opinions and always aim to fix problems where we can. If you have a question, suggestion or complaint about the Website or any of the content featured on it please let us know.