Terms of ServiceBack to stor.ly
stor.ly offers tools to move ideas, such as:
- a service to share files;
- a service that allows you to store, organize, share and receive content from multiple sources;
- a service that allows you to capture your ideas through sketches, notes and images;
- a service that allows you to present your ideas; and
- additional features and functionalities.
Your use of and access to our services, software, websites (including browser extensions) and/or applications (together: “Services” or "Platform") are governed by these Terms of Service (“Terms”).
The Services may be provided to you online, in the form of a mobile and/or desktop application(s) and/or may be integrated in a third party service.
The Services allow you to upload, submit, store, share, receive, collect, capture and/or visualize your ideas, texts, graphics, videos, data, information, files, presentation decks or other content, including third party content used by you (together: “Content”). You retain all rights in- and responsibility and liability for all Content. stor.ly does not claim ownership of your Content.
The Services are provided to you as the user of the Services by the stor.ly website (“stor.ly”, “We”, "Us", "Our")
You are only allowed to use the Services when aged 13 or older.
If the Services include, are used in connection with, or are integrated in the services of third parties, the terms and conditions, notice and take down policies and/or privacy and cookie policies of those third parties may apply in addition to these Terms. If you are using the Services on behalf of your employer or another organization, you are agreeing to the terms of that organization and you represent and warrant that you have the authority to do so. stor.ly is not responsible for any third party services, terms and/or policies.
If you want to file a complaint or notice about unlawful Content being stored or shared via the Services, please read our Contact us at https://stor.ly/contact.
stor.ly can amend the Terms from time to time. The amended Terms will become effective upon them being posted on stor.ly’s website(s) and/or on stor.ly’s mobile and/or desktop application(s), or at such later date as may be stated on the amended Terms. Therefore, we recommend that you review the Terms from time to time and take note of any changes. By continuing your use of the Services you accept the amended Terms. In case of material changes to the Terms, you will be informed prior to the change: (i) at the moment you use the Services, or (ii) by a message to the contact details you provided to us, or (iii) by a posting of the notice of the change on stor.ly’s website(s) and/or on stor.ly’s mobile and/or desktop application(s). In the event you don’t accept a change you can cancel your subscription.
These Terms supersede any and all prior oral and written quotations, terms, communications, agreements and understandings between you and stor.ly.
stor.ly File Sharing
stor.ly File Sharing allows you to share your Content with others.
To share your Content you need to upload it and provide us with (a limited number of) email addresses of recipient(s) (“email transfer”) or choose to distribute a download link yourself (“link transfer”). If you use link transfer you will not be informed of any downloads by others.
stor.ly File Sharing provides the possibility to share Content up to a maximum total capacity. Uploaded Content is stored on stor.ly’s servers for a limited period of time after which the ability to download expires. Depending on the transfer type some limitations apply, which you can find here.
After the expiry period stor.ly will permanently delete the uploaded files. These files will not be available nor retrievable anymore.
The basic functionality of stor.ly file sharing is (currently) free from registration and charge.
We also offer “stor.ly Pro”, a paid subscription version that - compared to the free version - offers you a set of premium services and different subscription terms.. You can find more information here.
stor.ly reserves the right to automatically delete all Content uploaded with stor.ly Pro and still available on our servers, 28 days after your stor.ly Pro subscription has ended.
stor.ly treats Content as confidential and does not control the use of download links, regardless of whether they are originally distributed by us or by you. Recipients can forward the links and allow others to use them. You are solely responsible for the Content you upload and share.
If you use a paid subscription Service, the initial subscription term starts once the fees due have been paid in full.
We may introduce or change the fees for the Services from time to time, for which we will give you advance notice. If you have a fixed term and price subscription, that price will remain in force for the fixed term. If you do not agree with the price change, you must cancel your subscription and stop using the Services by the end of the then-current Service term. If you continue to use the Services after the price change goes into effect, you agree to pay the changed price. Fee introductions will require your prior consent and registration.
Depending on the payment method you choose, the issuer of the payment method may charge you certain fees relating to the processing of your payment.
You can change your payment method in your account settings of the respective Service or by Contacting Us.
stor.ly may suspend or cancel the Services to you if a payment is not successfully settled (for instance in case of insufficient funds, expiration of credit cards, a change in payment details or otherwise). Suspension or cancellation of the Services for non-payment can result in a loss of access to and use of your account and your Content.
If you subscribe and pay us through the Apple App Store or Google Play Store, the terms of Apple or Google may also apply.
Term and cancellation of a subscription
The initial subscription term varies depending on your choice and/or the Service it applies to.
The subscription period will be renewed automatically for the selected subscription period, unless you have cancelled your subscription on time (before the last day of your subscription).
In case of cancellation you will continue to have access to the Services until the end of your paid subscription period. For instance: if the commencement date of your monthly subscription is 2 February and you cancel your subscription on 17 October, your will continue to have access until 2 November.
Cancellation does not give you any right to reimbursement of (part of) the subscription fee, unless local mandatory consumer law obliges to do so.
Upon cancellation or if a payment is not successfully settled (for instance due to expiration or insufficient funds), your account will be deactivated after the end of your subscription period. You will then not have access to your personal data, address book and any Content stored using the Service(s). You can reactivate your subscription at any time in your account settings by making payment within four weeks after deactivation. Your subscription will then be renewed as from the day of reactivation.
If you do not reactivate your subscription within the term set out above, any of your Content stored using the Service(s) and any of your information, including your personal content, settings, address book and any files stored for transfer may have been automatically and permanently deleted from our servers.
If you subscribe through the Apple App Store, the terms of Apple may apply to the term and cancellation of your subscription instead of the terms in this clause.
Content ownership, permissions and responsibility
stor.ly does not claim any ownership of the Content you create, use, store, or share through the Services, and you are solely responsible for all such content. Also, you are solely responsible for sharing it with the correct recipients. Any liability for damages relating to the Content lies with the individual that creates, uses, stores and/or shares it within the Services. You acknowledge that download and/or access links can be forwarded, and that recipients having access to such link can access the Content it’s connected with.
Some of the Services allow you to protect Content or transfers with a password. The user is solely responsible for the confidentiality and/or the distribution of passwords.
By using the Services you warrant that you have, for any Content you create, use, store or share using the Services, all required permissions (including from copyright and other intellectual property rights owners) to distribute, sub-license, transfer, store and/or make the Content online available as part of the Services.
stor.ly is not liable to you or any third party for any damages arising out of or in relation to the Content created, used, stored or shared by you within the Services, including but not limited to, copyright protected works and/or trademarks.
stor.ly requires a license from you with regards to the Content FOR THE SOLE PURPOSE OF OPERATING, ENABLING, AND IMPROVING THE SERVICES. Solely for this explicit purpose and until you delete the Content from the Services, you agree and acknowledge that by using the Services, you grant us an unlimited, worldwide, royalty-free license to (i) use, host, store, scan, search, sort, index, create previews and (ii) reproduce, communicate, publish, publicly display, distribute and edit (including but not limited to scaling, cropping, adapting and translating) the Content. THE LICENSE PART UNDER (ii) DOES NOT APPLY TO STOR.LY FILE SHARING as set out in clause 2 of these Terms. For the avoidance of doubt, stor.ly will not sell or advertise the Content: stor.ly only requires the license FOR THE SOLE PURPOSE OF OPERATING, ENABLING, AND IMPROVING THE SERVICES.
stor.ly does not provide any public search function, catalogue or listing to find Content.
stor.ly may show you ads from advertisers and artists selected by stor.ly (such as full-page wallpaper ads) when you use the Services.
stor.ly respects your rights and expects that you respect those of others, including stor.ly, its artists, advertisers and third parties. This includes respecting the right to privacy, corporate intelligence, business secrets and intellectual property rights, such as trademarks, copyrights, trade names and logos. You agree not to use the Services to commit, promote, enable or facilitate any unlawful or criminal acts or breach of these Terms or facilitate or promote others to do so.
As a condition to make use of the Services you agree not to create, use, store or share any Content that:
- features CSAI (child sexual abuse imagery);
- is obscene, defamatory, libelous, slanderous, profane, indecent, discriminating, threatening, abusive, harmful, lewd, vulgar, or unlawful;
- promotes racism, violence or hatred;
- is factually inaccurate, false, misleading, misrepresenting or deceptive;
- you don’t hold the rights to;
- infringes, violates or misappropriates intellectual property rights, privacy rights, including data protection rights, and/or any other kind of rights;
- infringes on or violates any applicable law or regulation; and/or
- infringes on or violates any law of the United States of America
- constitutes ‘hate speech’, whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation, language or another characteristic of such individual or group.
In addition, you agree not to:
- abuse, harass, stalk, intimidate, threaten, commit violence, or otherwise act unlawful, or encourage anyone else to do so;
- impersonate or falsely pretend affiliation with any person or entity;
- access any non-public areas of the Services;
- interfere with any access or use restrictions;
- use any data mining or data gathering or extraction methods, or otherwise collect information about the users of the Services;
- send viruses, worms, malware, ransomware, junk email, spam, chain letters, phishing emails, unsolicited messages, promotions or advertisements of any kind and for any purpose;
- interfere with, damage or disrupt the Services or act in a way that may do so;
- attempt to probe, scan, compromise or test the vulnerability of the Services or any related service, system or network or breach any security or authentication;
- use automated means to access or use the Services without our permission;
- reverse engineer or decompile any (part) of the Services;
- resell, sublicence, rent, lease, offer or otherwise commercialize the Services without our permission;
- allow others to use your account;
- take any action that imposes, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure; and/or
- hold stor.ly responsible for your use of the Services
- This list of prohibitions provides examples and is not complete or exclusive. We reserve the right to (a) terminate access to your account, your ability to post or otherwise interact with our services for any or no reason, and (b) refuse, delete, remove, or hide any submissions, with or without cause and with or without notice, for any or no reason, or for any action that we determine is inappropriate or disruptive to our services or the users of our services.
Export ControlYou acknowledge and agree to comply with all applicable export Laws, including the U.S. Export Administration Act, the Arms Export Control Act, the International Economic Emergency Powers Act, and the Foreign Corrupt Practices Act; and regulations issued pursuant to these and other U.S. Laws.
You hereby represent and warrant that any Product Promoted, offered and/or provided by You via the Platform is approved for export from the United States without additional authorization or licensing from the U.S. government. Should the export authorization status of Your Products change, You must immediately notify stor.ly in writing.
Information on U.S. export control regulations can be found on the Commerce Department's website at http://www.bis.doc.gov, the State Department's website at http://www.pmddtc.state.gov and the U.S. Treasury Department's website at http://www.treas.gov/offices/enforcement/ofac/index.shtml.
Violation of the Terms of Service
stor.ly reserves the right to investigate, provide to third parties, (temporarily) block and/or permanently delete from it servers, without prior notice or liability, any Content and/or accounts or to block anyone from accessing any part of the Services, for any or no reason, or, when stor.ly ascertains, at its sole discretion or after receiving substantiated and valid complaints, that you breach these Terms or act in violation of any applicable law or regulation. More information is available in the section titled Takedown Policy .
Intellectual property rights
All intellectual property rights and/or similar rights on the Services (including the software, wallpapers, photography, graphic design, typography, portraits, logos, trademarks, trade names, domain names, copyrights and patents) are vested in stor.ly and/or its licensors and you are not allowed to use, remove, modify, copy, mirror, distribute, decompile, or reverse engineer any of it in any way.
stor.ly is not responsible or liable for third party content published within the Services, in-ad links to external websites or the content, products or services offered on external websites. You acknowledge and accept that all use outside the Services is at your own risk.
You will always respect and observe the good name and reputation of stor.ly and ensure that your use of the Services will in no way prejudice any rights and/or the good name and reputation of stor.ly and its licensors.
stor.ly may change, terminate or expand its Services from time to time and reserves the right to limit access to or eliminate any features or functionality of the Services in its own discretion.
Some of the Services require you to register and provide us with data such as your email address, password and/or payment details. You must ensure that these are accurate and keep them updated in your account settings. You are responsible for any activity from or by your account, so you should not share your password and you should protect it carefully. Should registrations or account data appear to be misused, stor.ly reserves the right to delete the account. stor.ly is not liable for any loss or damage arising from the unauthorized use of your account.
Any person or organization that makes a Report (“Notifier”) has the duty to ensure that it is correct and complete.
stor.ly should be able to verify that Reports following an investigation regarding a criminal offence have originated from an inspection or investigation service, or – in the case of a formal legal order – from the Public Prosecutor’s Office. A Report of any other nature than the foregoing should include at least the following information:
- Notifier’s contact details, name, function, organisation, address, email address);
- all information stor.ly needs in order to evaluate the lawfulness of the disputed content, including its location (URL);
- motivation of the reason(s) why stor.ly is the most appropriate intermediary to deal with the matter.
Reports can be filed at https://stor.ly/contact
Notifier will provide stor.ly with an explicit indemnity against 1) claims from the user who’s content is at dispute (“Content Provider”) relating to any actions stor.ly has taken in relation to handling the Report, and 2) any claims from Notifier in relation to content send through our Service.
Notifier might request stor.ly to deal with the report as a matter of urgency. In that case, the Report should substantiate all reasons for urgency. stor.ly determines at its own discretion whether the report should be dealt with as a matter of urgency on the basis of the foregoing explanation.
stor.ly shall evaluate the Report and classify it into one of three categories:
- punishable content reported by an inspection or investigation service, or – in the case of a formal legal order – by the Public Prosecutor’s Office;
- unequivocally unlawful content and/or punishable content reported by other sources than the authorities listed under 1); and
- all other content, falling neither under category 1) or 2).
stor.ly’s categorisation of the Report determines which measures are taken to address the Report.
- In the event that stor.ly determines that the content concerned is unequivocally unlawful or punishable, in other words falls under the above mentioned categories 1) and 2), stor.ly ensures that the content concerned is immediately removed;
- In the event that stor.ly determines that the content concerned is not unequivocally unlawful or punishable, in other words falls under the above mentioned category 3), the content concerned shall not be removed. stor.ly will inform Notifier accordingly;
- In the event that stor.ly is not or insufficiently able to judge whether the content concerned is unequivocally unlawful or punishable, stor.ly may elect to remove the content, in its sole discretion. If stor.ly decides to not imediately remove the content, stor.ly will inform Content Provider about the Report with the request to (i) allow stor.ly to remove the content or (ii) to contact Notifier. If Notifier and Content Provider are unable to reach an agreement, Notifier can make an official report to the police if a criminal offence might be concerned. If it concerns content that is alleged to be unlawful under civil law, Notifier can bring the dispute with Content Provider before a United States of America court of law. Should Content Provider be unwilling to sufficiently identify himself to Notifier, stor.ly has the right to (i) provide Notifier with the Content Provider’s name, email address and IP-address or (ii) to remove the content concerned.
Categorisation and appropriate measures will preferably take place as soon as possible, yet ultimately 14 business days after receiving the Report.
In the events that content is to be removed, stor.ly shall exercise due caution to ensure that no more than the necessary content, in regards of the Report, is removed.
For questions about this Policy, please contact stor.ly at https://stor.ly/contact
DISCLAIMERSTOR.LY AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE STOR.LY WEBSITE AND PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. NEITHER STOR.LY, NOR ANY OF ITS EMPLOYEES, MANAGERS, OFFICERS, ASSIGNS OR AGENTS, MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE STOR.LY WEBSITE OR PLATFORM, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE STOR.LY PLATFORM. YOU EXPRESSLY AGREE THAT YOUR USE OF THE STOR.LY WEBSITE AND PLATFORM IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, STOR.LY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND LOST PROFITS. STOR.LY DOES NOT WARRANT THAT THE STOR.LY PLATFORM, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE STOR.LY PLATFORM, STOR.LY'S SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM STOR.LY, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, STOR.LY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY STOR.LY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY STOR.LY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
STOR.LY DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM INCLUDING THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. STOR.LY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE SERVICES OFFERED ARE ACCURATE, COMPLETE, OR USEFUL. STOR.LY DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND STOR.LY SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.
Indemnity and Liability
You will defend, indemnify and hold harmless stor.ly (including its employees, owners, operators, and affiliates) from and against any claims, incidents, liabilities, procedures, damages, losses and expenses (including legal and accounting fees), arising out of, or in any way connected with, your access to or use of the Services or your breach of these Terms, including any third party claims that Content created, used, stored or shared using the Services by you or through your account, infringe or violate any third party rights.
The Services may provide integration with third-party services. You acknowledge that: (i) stor.ly is not responsible for any acts or omissions of such third-party services; (ii) that stor.ly is not an agent of such third-party services; and (iii) your use of those services is subject to any applicable terms and conditions between you and the providers of such services.
You are solely responsible for maintaining the confidentiality of your account password, and are solely responsible for any and all activities that occur on your account. You, and not stor.ly, are solely liable for any loss that you may incur as a result of someone else accessing your password or account, with or without your knowledge.
To the fullest extent permitted by law, in no event shall stor.ly be liable for any direct, indirect, special, consequential, or other damages (including attorneys fees and costs of defense) arising from or as a result of the activities that take place on your account.
If you are registering on behalf of your company, you represent and warrant that you are authorized by your company to create an account on your company’s behalf and you represent and warrant that you are authorized by your company to enter into legally binding agreements on behalf of your company.
stor.ly is not liable for any damage or personal injury resulting from any use of the Services, including any (temporary) unavailability or (accidental) removal of your Content or account. In the event stor.ly is liable for damage under mandatory law, stor.ly’s aggregate liability to you for any and all claims arising out of or in connection with the use of the Services will in no event exceed the amount of one cent ($0.01 USD) in total.
Waiver & Assignment
stor.ly’s failure to enforce a provision is not a waiver of its right to do so later.
If any (part of a) provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.
You may not assign any of your rights under these Terms. stor.ly is at any time entitled to assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services without your consent or any other restriction.
SeverabilityIn the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement or any other agreement you may have with stor.ly are deemed to conflict with each other’s operation, stor.ly shall have the sole right to elect which provision remains in force.
Applicable law and Jurisdiction
This Agreement must be interpreted and governed by the law of the United States of America as applicable. These Terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.
If a dispute arises in relation to this Agreement, it must be subject to the exclusive jurisdiction of the courts of the United States of America.
You can contact stor.ly by visiting stor.ly/contact. If you have any questions, please contact us.