MUNI DIARIES AND SAN FRANCISCO DIARIES, FROM THE CREATORS OF MUNI DIARIES
TERMS OF SERVICE
Last updated: [ Nov 7, 2017 ]
These Terms of Service (“Terms”) govern all use of the Services below provided by Eugenia Chien (“Chien”) and Tara Ramroop, who bring you the entertainment services that are together known as “Muni Diaries” and “San Francisco Diaries, from the creators of Muni Diaries” (collectively, Ms. Chien, Ms. Ramroop, Muni Diaries and San Francisco Diaries, from the creators of Muni Diaries are called “we” or “us”) by all people and organizations that in any way use, access or interact with the Services (“you”).
Description of Services
We provide the following (collectively, the “Services”):
- Live storytelling events (“Events”);
- The www.munidiaries.com website (the “Website”);
- Pre-recorded downloadable digital content (“Podcasts”) and live transmissions (“Broadcasts”) of Events or other events published on the Website, iTunes, Google Play and/or RSS;
- Social media channels, including Facebook, Twitter and Instagram (“Social Media”);
- One or more email addresses that you can use to communicate with us (“Email”).
Information, images and written, audio or visual material that we publish on any of our Services is called “Muni Diaries Content.”
Your Use of the Services
By using any of the Services in any way, including accessing, visiting, attending or downloading Services or submitting to them any information, images or other content (collectively, “Your Content”), you agree to be bound by these Terms.
You may use the Services only if you are at least eighteen years old and can form a binding contract with us, and only in compliance with these Terms and all applicable laws. Wherever the Services asks you to provide information, you must provide accurate information.
These Terms are effective as of the “Last updated” date above. We may update them from time to time. You agree to be bound by the updated Terms as soon as we announce them through our Website, Email or Social Media or by iTunes, Google Play or RSS.
You may not copy, distribute, republish, or reproduce any Muni Diaries Content, either verbatim in modified or excerpted form, without our prior written consent. You may link to the Website as long as your link does not falsely say or suggest that we have endorsed you or any website that you operate or product that you sell.
Your use of the Services is non-transferable and subject to your compliance with these Terms.
You may register for Events through our Website or through other websites or platforms that we may publicize. Unless a particular Event page or advertisement says otherwise, your registration for an Event is non-transferable.
Some of the Services invite you to submit Your Content to us. This includes opportunities to deliver live, spoken stories at Events, to submit Your Content via Email and Social Media, or to record Podcasts. All of these ways to submit Your Content are collectively called “Submissions.”
By making a Submission, you:
- Represent and warrant that you own or have the necessary licenses and permissions to make the Submission. This means, for example, that you are not infringing on any other person’s intellectual property rights by doing so.
- Represent and warrant that you are the sole and absolute owner of Your Content and that you have good and valid right to convey Your Content to Chien.
- Assign to Chien all of the right, title and legal and equitable interest, including copyright interest, you have in and to Your Content and in any part of Your Content and all associated intellectual property rights, whether exercised or not, and whether or not intellectual property protection has been sought.
- Agree that the assignment in the preceding section (the “Assignment”) is intended to be and is an absolute sale and assignment of all of your right, title, and interest in and to Your Content. This Assignment is not executed as security in any respect. From and after the date of this Assignment, Chien will be the sole and lawful owner of your interest in and to Your Content and will have all your rights in relation to same.
- Agree that by this Assignment, you renounce and waive any and all rights you may have to (a) limit the use, distribution, modification, licensing, or sale of Your Content by Chien or any of her licensees, successors, agents or assignees, or to receive any compensation by reason of any use, distribution, modification, licensing, or sale of Your Content or any portion of it by Chien or any of her licensees, successors, agent or assignees, or (b) require Chien or any of her licensees, successors, agents or assignees to identify you as an author of Your Content or any portion of it.
- Irrevocably consent to the publication of Your Content by Chien or any of her licensees, successors, agents or assignees (each, a “Publisher”), in any medium now known or in the future discovered (including through books, blog posts and the Services), verbatim or edited, without further prior notice to you or consent by you and without royalties or any other compensation to you, and in a form that identifies you by name if a Publisher in his, her or its sole discretion chooses to do so.
Code of Conduct
You agree that in connection with your use of the Services you will not, as we determine in our sole judgment:
- Threaten, abuse, harass, stalk, defame or otherwise act in an offensive manner toward any person, or disrupt any Services;
- Infringe on any person’s privacy or intellectual property rights;
- Solicit business or investment from any person;
- Take photographs or audio or video footage of an Event without our prior written consent; or
- Violate any laws or terms or policies of our Social Media platforms or Google Play or iTunes.
Our Provision of the Services
We reserve the right to monitor your use of the Services to determine compliance with these Terms. We reserve the right to deny the use of the Services to any person who we believe in our sole discretion to be in violation of these Terms. This includes the right to expel you from Events or exclude you from Social Media. We reserve the right to suspend or terminate the Services to you or to any other person for any lawful reason at any time.
We neither endorse nor assume liability for conduct of you or of other people in connection with the Services.
If you violate any of these Terms or any other rules or policies that we may establish in connection with the Services, we reserve the right to terminate your participation in the Services immediately and without providing you any refund.
To the extent that we offer refunds for any Services, they will be described on our Website, Social Media, Email or any other platform through which we may offer Services. To the extent we do not expressly offer refunds, you agree that they are not available.
Limitation of liability; warranties
We and our employees, agents, independent contractors, officers, directors, successors and assigns: (a) will not be liable to you or to any other person for any damages (whether direct, indirect, special, incidental, consequential, punitive or other, in an action of contract, tort or otherwise) arising from the Services; and (b) make no warranties of any kind, either express or implied, relating to or arising from the Services. The limitations and warranty provisions in these Terms are effective to the full extent permitted by law, and they will continue in effect after the termination of your participation in the Services.
You will indemnify and hold us harmless from and against any and all claims, actions or demands, liabilities and settlements, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, resulting from your violation of these Terms or your use of the Services. You will bear the sole financial burden in connection with any such defense, including, without limitation, providing us with such information and access to you as we deem necessary.
Payments and tax
You are responsible for your own compliance with all tax laws in connection with any payments that you make in connection with the Services.
We cannot and do not guarantee the accuracy of Muni Diaries Content.
If you have any questions or feedback about the Services, please contact us at firstname.lastname@example.org.
These Terms will be governed by the laws of California. Before taking any legal action against us, you will contact us in a good faith effort to resolve your dispute. If you do later take legal action, any such action will be resolved by binding arbitration conducted by a mutually agreed service in California. If we fail to reach agreement as to an arbitrator, either we or you may bring an action against the other in a court of competent jurisdiction in California.
The failure of either party to enforce any provisions of these Terms is not a waiver of the provisions or of the right of that party to subsequently enforce that provision or any other provision. Should any provision of these Terms be or become unenforceable under applicable law, the other provisions shall remain in effect.
These Terms inure to the benefit of the parties’ successors and assigns. You may not assign or delegate any rights or duties that these Terms impose on you.
These Terms are the entire agreement between us and you about the Services. They replace any other prior oral or written agreements between us and you about the Services.