Effective date: Nov. 20, 2024

This is an agreement between you and StoryNest.com (with its affiliates, "StoryNest" , "we" or "us"). Please read these StoryNest Terms of Service, the StoryNest.com Privacy Policy, and the other applicable rules, policies, and terms posted on the StoryNest.com website or the StoryNest Store or provided with any Service (collectively, this "Agreement") before purchasing or using any aspect of the Service. By using the StoryNest Store purchasing or using any StoryNest Content, using any StoryNest Application, or using any aspect of the Service, you agree to be bound by the terms of this Agreement. If you do not accept the terms of this Agreement, then you may not use the StoryNest Store, any StoryNest Content, any StoryNest Application or the Service.

For the purposes of this Agreement: 

"Content Provider" means the party offering StoryNest Content in the StoryNest Store, which may be us or a third party.

"StoryNest Application" means software we make available that permits users to shop for, download, browse, or use the StoryNest Store or StoryNest Content on a Supported Device.

"StoryNest Content" means digitized content obtained through the StoryNest Store, such as books, newspapers, magazines, and other content.

"StoryNest Store" means our stores, on StoryNest Applications and on our website, the homepage of which is located at StoryNest.com.

"Subscription Content" means StoryNest Content made available for access only for so long as you remain an active member of a subscription or membership program, such as StoryNest Prime.

"Service" means the provision of the StoryNest Store, StoryNest Content, StoryNest Application, and support and other services that we provide StoryNest Store, StoryNest Content, and StoryNest Application users. 

"Supported Device" means a mobile, computer or other supported electronic device on which you are authorized to operate a StoryNest Application.

1. StoryNest Content

Use of StoryNest Content. Upon your download or access of StoryNest Content and payment of any applicable fees (including applicable taxes), the Content Provider grants you a non-exclusive right to view, use, and display such StoryNest Content an unlimited number of times, (for Subscription Content, only as long as you remain an active member of the underlying membership or subscription program), solely through a StoryNest Application or as otherwise permitted as part of the Service, solely on the number of Supported Devices specified in the StoryNest Store, and solely for your personal, non-commercial use. StoryNest Content is licensed, not sold, to you by the Content Provider. The Content Provider may include additional terms for use within its StoryNest Content. Those terms will also apply, but this Agreement will govern in the event of a conflict. Some StoryNest Content, such as interactive or highly formatted content, may not be available to you on all StoryNest Applications.

Limitations. Unless specifically indicated otherwise, you may not sell, rent, lease, distribute, broadcast, sublicense, or otherwise assign any rights to the StoryNest Content or any portion of it to any third party, and you may not remove or modify any proprietary notices or labels on the StoryNest Content. In addition, you may not attempt to bypass, modify, defeat, or otherwise circumvent any digital rights management system or other content protection or features used as part of the Service.

Risk of Loss. Risk of loss for StoryNest Content transfers when you download or access the StoryNest Content.

2. Use of the StoryNest Applications. You may use the StoryNest Applications only on Supported Devices. For additional terms that apply to the StoryNest Applications, see the terms contained in the Legal or similar section in the Settings menu of your StoryNest Application.

3. General 

Information Provided to StoryNest. The StoryNest Application will provide StoryNest with information about use of your StoryNest Application and its interaction with StoryNest Content and the Service (such as last page read, content archiving, available memory, up-time, log files, and signal strength). Information provided to StoryNest may be stored on servers outside the country in which you live. We will handle any information we receive in accordance with the StoryNest.com Privacy Policy.

Information Provided to Others. You are responsible for any information you provide to others using the Service. Use of information you provide to these third parties will be subject to any privacy policy or other terms that they may provide to you.

Termination. Your rights under this Agreement will automatically terminate if you fail to comply with any term of this Agreement. In case of such termination, you must cease all use of the Service, and StoryNest may immediately revoke your access to the Service without refund of any fees. StoryNest's failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights.

Changes to Service; Amendments. We may change, suspend, or discontinue the Service, in whole or in part, including adding or removing Subscription Content from a Service, at any time without notice. We may amend any of this Agreement's terms at our sole discretion by posting the revised terms on the StoryNest.com website. Your continued use of the StoryNest Application or any aspect of the Service after the effective date of the revised Agreement terms constitutes your acceptance of the terms.

Disputes/Binding Arbitration. Any dispute or claim arising from or relating to this Agreement or the Service is subject to the binding arbitration, governing law, disclaimer of warranties and limitation of liability. You agree to those terms by entering into this Agreement, using the StoryNest Store, purchasing or using StoryNest Content, or using any aspect of the Service.

Limitation of Liability. Without limiting the Disclaimer of Warranties and Limitation of Liability in the Agreement (1) in no event will our or our software licensors’ total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) arising out of or related to your use or inability to use the StoryNest Application exceed the amount of CDN$ 50.00; and (2) in no event will our or any other Content Provider's aggregate liability to you for all damages arising from your use of the Service (excluding the StoryNest Application) exceed the amount you actually paid for the StoryNest Content or for the aspect of the Service related to your claim for damages. These limitations will apply to you even if the remedies fail of their essential purpose.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

The StoryNest services and all information, content, materials, products (including software) and other services included on or otherwise made available to you through the StoryNest services are provided by StoryNest on an "As is" And "As available" Basis, unless otherwise specified in writing. StoryNest makes no representations or warranties of any kind, express or implied, as to the operation of the StoryNest services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through the StoryNest services, unless otherwise specified in writing. You expressly agree that your use of the StoryNest services is at your sole risk.

To the full extent permissible by law, StoryNest disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. StoryNest does not warrant that the StoryNest services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the StoryNest services, StoryNest's servers or electronic communications sent from StoryNest are free of viruses or other harmful components. To the full extent permissible by law, StoryNest will not be liable for any damages of any kind arising from the use of any StoryNest service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through any StoryNest service, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

Contact Information. For help with your StoryNest Application, the Service, the StoryNest Store, StoryNest Content, or resolving other issues, please contact Customer Service at StoryNest.com (or by email at support@StoryNest.com).