1. Introduction
1.1 The Purpose of the Terms of Service
The Purpose of the Terms of Service is to clearly outline the rules, guidelines, and policies that govern the use of the Story Genie website and the services provided by the company. The Terms of Service are intended to protect the interests of both the users of the website and Story Genie, and to ensure a positive experience for all parties involved. By using the website and the services offered by Story Genie, users agree to be bound by these Terms of Service. The Terms of Service are designed to provide users with a clear understanding of their rights and obligations as users of the website and services, and to ensure a transparent and fair service experience.
1.2 The Description of Story Genie's Services
The Description of Story Genie's Services refers to the offerings provided by the company to its customers. Story Genie provides a platform for users to have their biographies, memoirs, or other personal narratives written and published in book form. The services offered by Story Genie may include the collection of information from the user, the writing of the book, the editing and proofreading of the book, the design and formatting of the book, and the publishing and distribution of the book in various formats. Additionally, Story Genie may offer various related services such as marketing and promotional support, printing and distribution services, and other support services to help users achieve their goals in writing and publishing their book. The exact range of services offered by Story Genie may vary and may be updated from time to time, and it is the user's responsibility to review the company's current services and offerings before using the website and its services.
2. User Eligibility
2.1 Age Requirements:
Age Requirements: To use the services offered by Story Genie, you must be at least 18 years of age. By using our services, you represent and warrant that you are 18 years of age or older. If you are under 18 years of age, you may not use our services and must leave our website immediately.
2.2 Account Registration
Account Registration: To access certain features of our website and services, you may be required to register for an account. You agree to provide accurate and complete information when creating your account and to keep your account information up-to-date. You are solely responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account. You agree to immediately notify Story Genie of any unauthorized use of your account.
2.3 User Responsibility
User Responsibility: You are solely responsible for all content and materials that you upload, post, or otherwise transmit through our website and services. You agree to use our website and services in accordance with all applicable laws and regulations and in a manner that does not infringe the rights of any third party. You agree not to engage in any illegal or harmful activity through the use of our website and services. Story Genie reserves the right to investigate and take appropriate legal action against anyone who violates these terms, including, without limitation, removing the offending content from our website and services and terminating the violator's account.
3. Content Guidelines
3.1 Responsibility for User-Generated Content
Responsibility for User-Generated Content: By using the Story Genie service, you acknowledge and agree that you are solely responsible for any content, materials, or information that you submit, post, upload, or otherwise transmit through the site (collectively referred to as "User-Generated Content"). You represent and warrant that you have all necessary rights and permissions to use and share such User-Generated Content, and that your use of such User-Generated Content will not infringe on any third-party rights, including, but not limited to, intellectual property rights, privacy rights, or proprietary rights.
Story Genie reserves the right to review, monitor, and remove any User-Generated Content at its sole discretion, but does not have the obligation to do so. Story Genie will not be responsible or liable for any User-Generated Content, including, but not limited to, any errors or omissions, defamatory statements, or breaches of security or privacy.
You agree to indemnify and hold harmless Story Genie and its affiliates, and their respective officers, directors, agents, and employees, from and against any claims, damages, costs, and expenses, including, but not limited to, reasonable attorneys' fees, arising from or related to any User-Generated Content submitted, posted, uploaded, or otherwise transmitted by you through the site.
3.2 Prohibited Content:
Prohibited Content: The following types of content are strictly prohibited and may not be submitted, uploaded, or otherwise posted on the Story Genie platform:
a. Illegal or Fraudulent Content: Any content that is illegal or promotes illegal activities, such as intellectual property infringement, fraud, or money laundering.
b. Offensive Content: Content that is defamatory, hateful, threatening, or violent, or that contains obscene or vulgar language or images.
c. Spam: Content that is spam or contains advertising, marketing, or promotional materials.
d. Personal Information: Content that contains personally identifiable information, such as full names, addresses, telephone numbers, email addresses, or financial information.
e. Infringing Content: Content that infringes on the intellectual property rights of others, such as copyrighted works or trademarks.
f. Harmful Content: Content that contains viruses, malware, or any other harmful software or code.
g. Inappropriate Content: Content that is inappropriate or offensive, such as content that is racist, sexist, or otherwise discriminates against individuals or groups.
Story Genie reserves the right to remove any prohibited content and to terminate the accounts of users who repeatedly violate these guidelines. Additionally, Story Genie may report any illegal or fraudulent activities to the relevant authorities.
3.3 Intellectual Property Rights
Intellectual Property Rights: The Intellectual Property Rights section of the Terms of Service outlines the ownership and use of the content created through Story Genie's services. This section clarifies that any original content created by Story Genie remains the property of Story Genie and is protected by copyright laws. The section may also specify that the user has limited license to use the content for personal or agreed-upon purposes, but does not have the right to sell, distribute, or otherwise exploit the content for commercial gain. Additionally, the section may include a statement that the user agrees to indemnify Story Genie for any intellectual property infringement claims arising from the use of the content. This section serves to protect the rights of both Story Genie and its users in regards to the content created through the service.
3.4 User Responsibility for Content Liabilities
The user is solely responsible for the content created and submitted through Story Genie's services. The user agrees to indemnify and hold Story Genie harmless from any claims, damages, or liabilities arising from the use of the content, including but not limited to plagiarism, copyright infringement, or defamation.
The user is expected to ensure that all content submitted to Story Genie is original and does not infringe on the rights of any third party. The user is required to obtain any necessary permissions or licenses for the use of any third-party materials included in the content.
Story Genie reserves the right to remove any content that is found to be in violation of these terms, without prior notice to the user. In the event of any legal action arising from the content, the user will be solely responsible for any legal fees and damages incurred by Story Genie.
By using Story Genie's services, the user acknowledges and accepts these responsibilities and agrees to comply with all applicable laws and regulations regarding the use of the content.
4. Payment and Billing
4.1 Fees and Payment Terms
The Fees and Payment Terms section of the Terms of Service outlines the cost of the services provided by Story Genie. For the standard book writing, publishing, and one copy package, the fee is $499 USD. This includes all necessary book writing and publishing services as well as one physical copy of the finished product. For those seeking a more personalized experience, Story Genie also offers a premium package for $1999 USD. This package includes up to 20 hours of personal writing service, as well as the standard book writing, publishing, and one copy services. All payments are to be made in advance and must be made in USD. Story Genie reserves the right to modify the fees and payment terms at any time, and any changes will be reflected in the Terms of Service.
4.2 Refund Policy
We do not offer any refunds. Instead, our goal is to ensure complete customer satisfaction. If for any reason you are not satisfied with our services, we will continue to work with you until you are fully satisfied. We offer unlimited revisions, so you can feel confident in the quality of the final product. Our commitment is to provide you with the highest level of customer service and we will do everything in our power to make sure you are happy with your book.
4.3 Billing Disputes
Billing Disputes: In the event of a dispute regarding billing, the user agrees to first contact Story Genie and make a good faith effort to resolve the issue. If the issue cannot be resolved, the user may dispute the charge with their bank or credit card company in accordance with their policies. Story Genie reserves the right to modify its billing and payment policies at any time, and such changes shall be effective upon posting of the revised policy on the website. The user agrees to be bound by any such modifications.
5. Termination and Cancellation
5.1 Termination by Story Genie
The Termination by Story Genie section outlines the circumstances under which Story Genie may choose to terminate a user's account. Story Genie has the right to terminate a user's account at any time, with or without notice, for any reason, including but not limited to violations of the Content Guidelines or any other terms outlined in the Terms of Service. It should also specify that, upon termination, all rights granted to the user under the Terms of Service will immediately terminate and the user will no longer have access to the services provided by Story Genie. Story Genie will not be liable to the user or any third party for termination of the user's account. No refunds will be issues for terminated accounts.
6. Disclaimer of Warranties
6.1 Disclaimer of Warranties
The Disclaimer of Warranties section of the Terms of Service outlines the limitations of liability and responsibilities of both Story Genie and the user. This section explicitly states that the services and content provided by Story Genie are on an "as is" and "as available" basis, and that the company makes no representations or warranties of any kind, express or implied, regarding the completeness, accuracy, reliability, suitability, or availability of its services and content. The user acknowledges and agrees that their use of Story Genie's services and content is at their own risk. Additionally, the user agrees to indemnify and hold harmless Story Genie from any and all claims, damages, and expenses arising from their use of the company's services and content. This section is intended to protect Story Genie from potential liability and to clearly communicate to the user the limitations of the company's responsibility and obligations.
6.2 Limitation of Liability
Story Genie will not be held liable for any indirect, incidental, special, consequential, or punitive damages, regardless of whether such damages were foreseeable or whether the company was advised of the possibility of such damages. The section also limits the total aggregate liability of Story Genie to the amount paid by the user for the specific services in question. This section is intended to protect the company from excessive financial liability and to clearly communicate the extent of its responsibility to the user. The user acknowledges and agrees to these limitations of liability as a condition of using Story Genie's services.
6.3 Indemnification
This section requires the user to indemnify and hold harmless Story Genie, its affiliates, employees, and agents, from any claims, damages, expenses, or losses arising from the user's violation of the Terms of Service, infringement of any intellectual property rights, or any other harm caused by the user's use of Story Genie's services. The user agrees to promptly notify Story Genie in the event of any such claim, and to cooperate fully with the company in the defense of such claim. This section is intended to protect Story Genie from potential financial harm and to clearly communicate the user's responsibilities in the event of any damages or losses arising from their use of the company's services
6.4 Third-Party Software and Contractors Disclaimer
Story Genie utilizes various third-party software and contractors to provide its services to users. This includes but is not limited to artificial intelligence technology for writing and managing the book creation process, as well as third-party fulfillment contractors to physically produce and deliver the final product.
Story Genie cannot be held responsible for any disruptions, errors, or termination of services provided by these third-party entities. The user acknowledges and agrees that Story Genie is not responsible for the performance, actions, or inactions of these third-party entities, and that the use of their services is at the user's own risk.
In the event that a third-party contractor discontinues its services, Story Genie will make reasonable efforts to secure alternative contractors, but cannot guarantee that it will be able to do so in a timely manner or at all. The user acknowledges and agrees that Story Genie cannot be held liable for any delays, disruptions, or termination of services resulting from the discontinuation of third-party contractors.
By using Story Genie's services, the user acknowledges and agrees to these terms regarding third-party software and contractors.
6.5 Publication and Distribution
Publication and distribution of books written by Story Genie are done through Amazon. Story Genie is not responsible for any quality or distribution issues that may arise during the publication and distribution process. The availability of the books for purchase is determined by Amazon and Story Genie cannot guarantee the length of time that the books will be available for purchase. The user understands and agrees that any issues related to the quality or distribution of the book should be directed to Amazon.
7. General Terms
7.1 Governing Law
Governing law for this agreement shall be the laws of Alberta, Canada. In the event of a dispute arising from the use of Story Genie's services, both parties agree to attempt to resolve the matter through good faith negotiations. If the dispute cannot be resolved through negotiations, it will be resolved through binding arbitration in accordance with the laws of Alberta, Canada. This agreement constitutes the entire agreement between the parties and supersedes all prior agreements, understandings, and negotiations, whether written or oral. Story Genie reserves the right to modify these terms at any time without prior notice to the user. Users should regularly check the Terms of Service for updates.
7.2 Dispute Resolution
Dispute Resolution clause: In the event of any dispute arising from or related to the use of Story Genie's services, the parties agree to first attempt to resolve the matter through good faith negotiations. If the dispute cannot be resolved through negotiations, it shall be resolved through binding arbitration in accordance with the laws of Alberta, Canada. The arbitration shall be conducted by a single neutral arbitrator agreed upon by both parties or, if the parties cannot agree, selected in accordance with the rules of the Alberta Arbitration and Mediation Society. The arbitration proceedings and any award shall be confidential and binding on the parties. The parties shall equally split the cost of the arbitration, unless the arbitrator determines otherwise. This clause shall not prevent either party from seeking injunctive relief in a court of competent jurisdiction in the event of an imminent threat of irreparable harm or to enforce an arbitrator's award.
7.3 Entire Agreement
The Entire Agreement clause outlines the completeness of the agreement between the parties. It states that the agreement between the user and Story Genie, including these Terms of Service, constitutes the entire understanding and agreement between the parties and supersedes all prior agreements, understandings, negotiations, representations, and warranties, whether written or oral, relating to the subject matter of this agreement. This clause confirms that there are no other agreements or understandings, whether written or oral, that are binding upon the parties except as specifically set forth in this agreement. This clause is important to ensure that both parties have a clear understanding of the terms and conditions that govern their relationship and that there are no other agreements or understandings that may alter or change the terms of this agreement.
7.4 Notice of Changes to the Terms of Service
Notice of Changes to the Terms of Service: Story Genie reserves the right to modify these terms at any time. We will notify users of any changes to the Terms of Service by posting the updated terms on our website. Your continued use of Story Genie's services following the posting of changes to the Terms of Service constitutes your acceptance of the updated terms. If you do not agree to the updated terms, you must discontinue use of Story Genie's services.