Terms of Use

RECITALS

  1. These terms of use of the Website (“Terms of Use”), together with the Privacy Policy and License Agreement posted on the Website, shall constitute the Agreement pursuant to which you shall interact with FINDSTORY.
  2. The Website and the Content posted on the Website have been created by FINDSTORY in order to offer other persons to purchase access to the Content and the right to use it on the terms set forth by the Price Plans and the Agreement.
  3. Each time you use the Website and view the content posted on the Website, including the Content, you confirm that you have read the Agreement, which includes the Terms of Use, the Privacy Policy, and the License Agreement effective at the time of use of the Website, and confirms that you accept the terms and conditions of the Agreements and accede thereto. If you do not accept any or all of the terms and conditions of the Agreement, please stop using the Website.
  4. These Terms of Use, Privacy Policy, and License Agreement may be amended from time to time at the sole discretion of FINDSTORY. Each time you use the Website, you are required to read these documents effective at the time of use, and by continuing to use the Website, you confirm that you have read and accepted the terms and conditions set forth in these documents.
  5. This Agreement shall not apply when you grant FINDSTORY with a license to use any works you own or rights you may otherwise dispose. Granting of such a license shall be governed by an individual agreement, the terms and conditions of which shall be approved by FINDSTORY.
  1. Terms used in this document
    1. “FINDSTORY” shall mean Findstory Company Limited, a legal entity under the laws of Cyprus, company number HE417983, taxpayer registration number 10417983G, address: Zinas Kanther, 16, 7th floor, office 25-26, 1065, Nicosia, Cyprus.
    2. “Parties” shall mean you and FindStory, individually referred to as the “Party”.
    3. “Agreement” shall mean an electronic agreement of accession on the terms and conditions set forth in the Terms of Use, Privacy Policy, License Agreement, on the Website and/or those you exchange with FINDSTORY pursuant to the Agreement, which include, inter alia, obligation of FindStory to grant the License to use Content if you pay the fee for the use of the Content.
    4. “Website” shall mean all data and electronic (digital) information related to each other and structured within the findstorynow.com domain on the Internet. The Website consists of web pages that are integral parts of the Website.
    5. “Price Plan” shall mean a package offer on the Website, which determines the characteristics of the Content, Content Access Period, the terms of its use for each package, as well as the amount of the fee for such use on a monthly or annual basis.
    6. Capitalized terms and expressions, which are used, but not defined herein, shall have the same meaning given to them in the License Agreement and the Privacy Policy.
  2. Use of the Website
    1. The Website, including the technical part, program code, and information contained on the Website, is the exclusive property of FINDSTORY. You may use the Website only within the limits and for the purposes permitted by these Terms of Use, the Privacy Policy, and the License Agreement. Any other use of the Website is prohibited, and by using the Website you confirm that you accept this provision.
    2. If you continue to use the Website, you confirm that you undertake not to use data mining or any other automated extraction tools, such as robots.
    3. By using the Website, you agree to use the Website only for the purpose of obtaining the License and agree not to use the Website and the Content for any other purpose.
    4. By using the Website, you confirm that you have reached the age of 18 and have the full legal capacity. If you act not on your own behalf but on behalf of and for the benefit of another person, including a legal entity or a partnership, you confirm that you have the appropriate powers to execute the Agreement and to perform its terms and conditions on behalf of such legal entity or partnership.
    5. When you register on the Website, you undertake to provide true and accurate information about yourself and update information about yourself if it changes, throughout the period of your registration on the Website. You shall also ensure that no minors have access to your personal account on the Website. You shall be solely liable for the use of your registration on the Website and your personal account on the Website. If FINDSTORY reasonably believes that you provided inaccurate information when registering on the Website, or that your personal account is used by other persons, FINDSTORY shall have the right to suspend or delete your personal account, and deny your use of the Website or restrict such use.
    6. You shall keep confidential the information you use to access your personal account on the Website (password).
    7. From time to time, there may be links to information or websites of third parties and their advertising on the Website. FINDSTORY shall not be liable for the correctness, accuracy, completeness, or any other characteristics of such information, and you agree that such third parties shall be liable for the above, including their privacy policies, terms of use, etc.
  3. Terms of access to the Content. Price plans. Fee
    1. The content of the Website and the characteristics of the Content shall be determined by FINDSTORY and published on the Website, where you can read them and, if necessary, ask your questions to FINDSTORY. FINDSTORY may independently determine the composition and subject matter of the Content, as well as the persons engaged in it. FINDSTORY does not guarantee that there will be any new Content during the Content Access Period.
    2. To register in order to get access to the Content, you shall fill in your personally identifiable data, such as your first name, surname/company name of a legal entity, contact phone number, email address, taxpayer status, and/or other information that FINDSTORY may require to be filled in on the Website. If any additional information is required to identify you, FINDSTORY shall have the right to request such identification. If FINDSTORY establishes that you provided inaccurate or insufficient information about you at the time of registration, FINDSTORY shall not be liable for delays in providing you with access to the Content.
    3. The main conditions of access to the Content are determined by the Price Plans published on the Website and shall be an integral part of the Agreement. FINDSTORY may change any terms and conditions of the existing Price Plans, including the fee amount, add new Price Plans and cancel the existing Price Plans at its sole discretion at any time by changing the relevant information on the Website.
    4. FINDSTORY limits the number of Content that you can download by 100 files per day. FINDSTORY implements this measure to prevent stockpiling the Content from the Website without the intention to use it for the particular project or final product. If you require to download more than 100 files during a day or have such need regularly, please contact FINDSTORY customer service.
    5. After you have selected a Price Plan and paid the fee, FINDSTORY shall provide you with access to the Content and the License in accordance with the terms and conditions of the selected Price Plan and the Agreement. Payment of the fee for the use of the Content shall be the basis for your rights provided for by the License Agreement.
    6. To make a payment, you shall make an online registration (place an order) on the Website and confirm that you accept the terms and conditions of the Agreement, and grant your consent to the processing of your personal data. 
    7. If you pay the fee for the use of the Content in accordance with the selected Price Plan, you confirm your unconditional acceptance of the terms and conditions of such Price Plan posted on the Website at the time of your payment.
    8. After you have paid the fee, FINDSTORY shall send you a message to your e-mail confirming the ordered Price Plan and the payment made.
    9. After you have paid the fee for the use of the Content, its amount may not be changed.
    10. You shall pay the fee for the use of the Content by a wire transfer to FINDSTORY's bank account under an issued invoice, or using the payment system on the Website. FINDSTORY shall not bear any fees of banks and payment systems, as well as currency conversion charges. FINDSTORY engages a third party to provide a payment service. Therefore, FINDSTORY does not collect your payment card details and shall not be liable for the transfer of the same to any third parties.
    11. Payment shall be considered effected after the full amount of the fee for the use of the Content is credited to FINDSTORY's bank account. You shall be solely responsible for the correctness of any payments you make.
    12. If you have selected a wrong Price Plan, you shall notify FINDSTORY within 10 days after payment in order to change the Price Plan and make the necessary payments or to have the erroneously paid amount refunded.
    13. Following the expiration of the Content Access Period provided by your Price Plan, your Price Plan will automatically be extended for the next Content Access Period, and the fee for the use of the Content and the access to it during the next Content Access Period as effective on the payment day will be charged from your bank account. If you would like to opt out of such a silent extension, deactivate this option in your cabinet.
    14. Having paid the fee for the use of the Content, according to the Chosen Price Plan, you may change the Price Plan to another Price Plan providing a higher fee for the use of the Content by paying the difference between the amount of the fee paid according to the initially chosen Price Plan and the fee according to the Price Plan you would like to change to. Transfer to the Price Plan providing a lower fee for the use of the Content is not allowed.
    15. The written confirmation of services provided between FINDSTORY and you (a legal entity, individual, including individual entrepreneur) shall be provided only at your request and can be executed in both paper and electronic form using electronic document management systems.
    16. If FINDSTORY has exercised its right to terminate the Agreement on the grounds provided for in the Agreement, the amounts of fees paid by you for the use of the Content shall not be refunded to you, and all obligations of FINDSTORY towards you under the Agreement shall be discharged in full as of the Agreement termination date.
    17. By paying the fee for access to the Content and the License, you acknowledge the need to use the appropriate equipment that is in technical condition and has the installed software products which make it possible for you to access the Content in full. FINDSTORY is not obligated to provide you with any technical support in connection with any technical problems you may have with your hardware or software.
  4. Confidentiality and intellectual property rights
    1. Both during the term of this Agreement and after its expiration, you shall maintain the confidentiality of all information and materials regarding those aspects of FINDSTORY's activities that are not public or are considered as confidential by FINDSTORY. You shall not use or disclose the above information in any form, and you shall not provide access to such information to any third parties without the prior written consent of FINDSTORY.
    2. FindStory and you may disclose confidential information at the lawful request of state authority or under a court order, and the Party disclosing confidential information shall immediately notify the other Party of a request for such information.
    3. The Party that has violated the confidentiality obligation under this Agreement shall be liable in accordance with the laws governing this Agreement and shall compensate for damages caused by the disclosure of confidential information.
    4. The Website, all oral and written materials contained on or linked to it, regardless of the method of their record, including the Content, are subject to protection as copyright or other intellectual property and shall be owned by FINDSTORY. You understand that the fact that you have been granted access to the Website, such materials, and information, or permitted to copy or download the same does not imply a permit to use or transfer intellectual property rights, except as expressly provided for by the Agreement.
    5. You shall refrain from any action that may infringe FINDSTORY's personal non-proprietary, proprietary, copyright, and related intellectual property rights, including, without limitation, the right to copy, reproduce, modify, transfer or distribute FINDSTORY's intellectual property.
    6. If you infringe the intellectual property rights of FINDSTORY, you shall compensate FINDSTORY for the damages caused by such infringement.
  5. Liability of the parties
    1. The Parties shall be liable for failure to perform or failure to properly perform the Agreement in accordance with laws governing this Agreement and the terms and conditions of the Agreement.
    2. FINDSTORY shall not be liable for any disruption of information exchange caused by the failure of any telecommunication means, disconnection, and failures of power networks, operation of websites (including third-party ones), non-suitability of your hardware and software for working with websites.
    3. If you did not get access to the Content through FINDSTORY’s fault, the fee you have paid shall be refunded. If you failed to enjoy access to the Content for any other reason, FINDSTORY shall be deemed to have properly provided access to the Content and the License, and the fee shall not be refunded.
    4. If you provide inaccurate data and/or inaccurate documents at the time of registration and/or identification, FINDSTORY shall not be liable for any consequences that occurred due to this.
    5. FINDSTORY shall not be liable for the acceptability, relevance, technical conformity of the Website and Content to your goals, plans, final products or projects, as well as for the quality, effectiveness or any other characteristics of the works created with the use of the Content or the possibility or legality of the use of the Content in any country of the world. FINDSTORY's liability for the Content shall be limited to providing access to the Content that meets the requirements set forth in your Price Plan.
    6. FINDSTORY does not guarantee and shall not be responsible for the continuity of access to the Website and the Content, security of the Website and the absence of errors on the Website or errors in the Content, the absence of viruses, etc., and when accepting the terms and conditions of the Agreement, you unconditionally confirm that you accept this provision.
    7. FINDSTORY shall not be liable if the terms of the Agreement are not valid or may not be performed according to the law of the country you are in or through which you access the Website. You are solely responsible for your access to the Website and the Content and do this on your own risk.
  6. Force majeure
    1. The Parties shall not be liable for non-performance or improper performance of their obligations under the Agreement where such non-performance has been caused by force majeure.
    2. Force majeure shall mean any extraordinary external event, which directly prevent the Parties from performing their obligations under the Agreement, which arise through no fault of the Parties, beyond the control or against the will or desire of the Parties, and which cannot be reasonably foreseen, prevented or avoided with all due care and caution, including, but not limited to, natural phenomena (earthquakes, floods, hurricanes, destruction by lightning, etc.), biological, man-made and anthropogenic disasters (explosions, fires, failures of machine and equipment, mass epidemics, epizootics, epiphytotic, quarantine measures, etc.), circumstances of public life (war, hostilities, blockades, public unrest, terrorist attacks, mass strikes and lockouts, boycotts, etc.), as well as prohibitive or restrictive regulations issued by public authorities or local self-government bodies, other lawful or unlawful prohibitive or restrictive measures taken by the above authorities which make it impossible for the Parties to perform the Agreement or prevent the Parties from performing it.
    3. The Party affected by force majeure shall immediately (as soon as possible) notify the other Party of the occurrence, nature and possible duration of force majeure, but no later than 10 days upon occurrence of such circumstances.
    4. The proper proof of the existence and duration of force shall be certificates issued by a competent authority of the country of the Party or country(ies) where such circumstances occur or have occurred.
    5. If force majeure occurs after the execution of the Agreement, the period of performance of the obligations shall be extended for the period of duration of such force majeure, but not more than for 30 days. If such circumstances continue for more than 30 days, the Parties shall negotiate to coordinate their further actions.
  7. Dispute resolution
    1. All the disputes arising in connection with the Agreement, as well as the execution or performance of the terms and conditions thereof, shall be resolved through negotiations and/or mediation.
    2. If FINDSTORY and you fail to resolve any dispute through negotiations or mediation, such a dispute shall be referred for consideration and resolution to the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry ("Arbitration Court") pursuant to the Rules of the Arbitration Court. Awards of the Arbitration Court shall be final and binding upon the Parties. The Arbitration Court shall consist of one arbitrator to be appointed by FINDSTORY. Place of arbitration – Kyiv, Ukraine. The language of the arbitration shall be English.
  8. Term of the Agreement. Miscellaneous
    1. The Agreement shall come into force upon being published on the Website and shall be valid for an indefinite period.
    2. The Agreement shall be governed by the laws of Cyprus.
    3. If any provisions of the Agreement are held invalid, this shall not invalidate the Agreement as a whole.
    4. By acceding to the Agreement, you agree to receive marketing and advertising information from FINDSTORY and its partners to your e-mail address or other means of communication, with the possibility to unsubscribe from receiving such information.
    5. FINDSTORY uses any email address with the domain name findstorynow.com to arrange e-mail communication.

Last revision date of the License Agreement: 09.04.2021

If you have any questions regarding the Terms of Use, please feel free to contact us at contact@findstorynow.com and we will answer all your questions.

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