Welcome to StorySquare! StorySquare is a platform that connects journalists to media outlets. StorySquare is owned and operated by StoryMinr, LLC (“StoryMinr”).
These Terms apply to all visitors. If you cannot agree to these Terms, don’t use our Service.
1. Using the Service
A.How it Works. Our Service facilitates connections between freelance journalists “(Journalists”) and media outlets (“Media Outlets”) represented by editors (“Editors”). Journalists submit to StorySquare original stories that have not been published (“Stories”). The StorySquare team reads each Story, and approves or rejects it. If accepted, a short description of the Story will be listed on the StorySquare website, and the Story will be uploaded to the StorySquare portfolio (“Database”) for viewing and downloading by Editors. If an Editor would like to purchase rights to publish the Story for his or her Media Outlet, the Media Outlet and the Journalist will negotiate their own publication agreement, outside of the Service. Once an agreement has been executed, the Journalist must inform StorySquare right away (within 12 hours), and then StorySquare will remove it from Database.
B. Age Restriction. You must be the age of majority in the state or country where you live to use the Service.
C. Registration. When you register with StorySquare, you must provide us with accurate information.
E. Termination. You may close your account at any time upon email request to email@example.com. We may block your access to StorySquare at any time at our discretion, particularly if you violate this Agreement.
F. Feedback. We welcome your feedback and suggestions about how to improve StorySquare. You hereby grant to us the right to use any feedback or suggestions for free.
G. Links to Other Websites
The Service may contain links to third-party web sites or services that are not owned or controlled by us.
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services.
2. StoryMinr’s Content and Materials
A. Ownership. All right, title, and interest in the Service, including the StorySquare text, images, design, software, source code, graphics, photographs, video and audio files, other files, data, and the selection, arrangement, structure, coordination, and “look and feel” thereof (excluding the Stories) (collectively “Our Content and Materials”) are the property of StoryMinr, LLC and/or its licensors. Copyright ©2019 StoryMinr, LLC and/or its licensors. The STORYSQUARE name is a trademark and service mark of StoryMinr. We retain all right, title, and interest in and to Our Content and Materials. Except as expressly provided in these terms, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, or otherwise exploit Our Content and Materials without our express written permission.
B. License. Subject to these Terms, we grant you a limited, non-exclusive license to use and access Our Content and Materials and the Service.
C. Copyright Violations. If you believe that your intellectual property is being violated on the Service, you can submit a complaint and request for takedown of specific material at firstname.lastname@example.org. The process for submitting a complaint is at Section 10 of this Agreement.
3. Journalist Obligations.
A. Registration. When registering for the Service, Journalists will provide their name, location, education, age, photo, email, phone number, and area(s) of journalistic interest. Journalists give StorySquare permission to make this information available for viewing by Editors.
B. Story Submission. When submitting a Story, Journalists will attach a PDF of the full Story. Journalists may attach one photo to illustrate the Story. Journalists must either own the rights to the photo (e.g. a photo taken by them) or have the necessary copyright license, unless a license is not required (e.g. Creative Commons). When submitting a Story, Journalists will have the option to post a short description of it. StorySquare has the discretionary right to change, or use a completely new description of the Story, on StorySquare.
C. Representations and Warranties. If you are a Journalist, you represent and warrant that (1) each Story you submit is entirely your original work; (ii) it has not been published anywhere before; (iii) and you have not transferred, or granted any licenses to, any of the copyrights in the Story to any third party. You also represent and warrant that you own the copyright in the photo you submit, or that you have the license necessary to permit the photo to be published in any Media Outlet in any medium.
D. License to StoryMinr. If you are a Journalist, you hereby grant to StoryMinr a limited, non-exclusive, right and license to distribute your Story to Media Outlets for the purpose of evaluating the Story for publication in the Media Outlets. You also hereby grant to StoryMinr the right to publish a description of each Story on the Service.
E. License to Media Outlets. Unless otherwise explicitly agreed by the Media Outlet obtaining rights to publish the Story, each Story may be licensed or transferred to only one Media Outlet.
F. Execution of a Publishing Agreement Results in Removal from the Database; Duty to Promptly Inform StorySquare. The Journalist must notify StorySquare when the Journalist reaches a publication agreement with a Media Outlet or any other publisher that does not participate in StorySquare, so that the Story may be removed from the Database. The Journalist must provide such notification to email@example.com within a maximum of 12 hours from the agreement date and time. If the Journalist does not comply with this requirement, they may be sanctioned with expulsion from StorySquare.
4. StorySquare Responsibilites.
A. Story Review. StorySquare’s team will read each Story and decide in their own discretion whether to approve or reject it for inclusion in the Database. They may recommend edits to the Journalist. They will not make the edits without the Journalist’s permission. StorySquare will notify the Journalist via email as soon as the StorySquare team has made the decision, and then publish the description of the Story on the Website.
B. Story Sharing. When an Editor asks to see a Story (after seeing the description of the Story on the Website), StorySquare will make the Story available to the Editor for review, and will share the Journalist’s name, email, phone number, school and graduation class.
C. No Liability for Agreements or Disputes Among Journalists, Editors, and Media Outlets. StoryMinr has no liability for any claim, dispute, or other controversy between a Journalist and a Media Outlet, among Journalists, or among Media Outlets. All agreements between Journalists and Media Outlets shall be negotiated outside of the Service, and are not part of the Service.
D. No Liability for Story Content. StorySquare is not responsible for the content of the Stories on the Service and does not fact-check the Stories. Story content is the sole responsibility of its author, the Journalist. StorySquare is not liable for any errors in the reporting, misstated facts, inaccurate statements or other journalistic mistakes.
5. Media Outlet and Editor Obligations.
A. Registration. When registering for the Service, Editors will provide their name, Media Outlet, and position. Login credentials will be used only by the Editor to whom they are issued by StorySquare.
B. Email notices. Editors agree to receive email notifications from StorySquare informing them that StorySquare has received a story it believes would be a good fit for their Media Outlet.
C. No Publication of Stories Without Agreement with Journalist. Under no circumstances may Editors copy, publish, distribute, or create derivative works of Stories without entering into a separate agreement with the Journalist who wrote the Story.
D. No Misuse of the Service. If StorySquare has reason to believe a Media Outlet is using the Service to find story ideas, rather than to purchase Story rights or hire freelancers, we may terminate the Media Outlet’s access.
E. Due Diligence. Media Outlets understand that StorySquare is not responsible for the content of the Stories on the Service and does not fact-check the Stories. Story content is the sole responsibility of its author, the Journalist. StorySquare is not liable for any errors in the reporting, misstated facts, inaccurate statements or other journalistic mistakes. StorySquare does not verify that a photo is owned by the Journalist or properly licensed for use in Media Outlets.
6. Disclaimers and Limitations of Liability.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF STORYMINR TO YOU. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW:
a. WE ARE PROVIDING YOU THE SERVICE, ALONG WITH OUR CONTENT AND MATERIALS, AND MAKING AVAILABLE THE STORIES, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, STORYMINR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
b. STORYMINR MAKES NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR: (i) STORY CONTENT MADE AVAILABLE BY ANY JOURNALIST, OR (ii) ANY THIRD-PARTY WEBSITE, THIRD-PARTY PRODUCT, OR THIRD-PARTY SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SERVICE. STORYMINR MAKES NO WARRANTY THAT (a) THE SERVICE OR ANY STORY WILL MEET YOUR REQUIREMENTS, (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS OR INFORMATION THAT YOU MAY OBTAIN FROM THE USE OF THE SERVICE, WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE.
c. YOU AGREE THAT UNDER THE MAXIMUM EXTENT PERMITTED BY LAW, STORYMINR WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT STORYMINR SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICE.
d. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.
e. WITHOUT LIMITING THE FOREGOING, STORYMINR’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THIS AGREEMENT IS LIMITED TO THE AMOUNT PAID TO STORYMINR IN CONNECTION WITH THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
7. Indemnification. You agree to release, indemnify, and defend Storyminr from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: i) your use of Service, ii) if you are a Journalist, your Stories (including photos), iii) if you are a Media Outlet, your publication of the Stories (with or without photos) in the Media Outlets; iv) your conduct or interactions with other users of the Service, or v) or your breach of any part of this Agreement. We will promptly notify you of any such claim, and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense, and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.
The arbitration process can be a faster, simpler, less formal, and less expensive route than filing a lawsuit and going to court. In arbitration you are still entitled to a fair hearing, but your rights will be determined by a neutral arbitrator (and not a judge or jury). Arbitrator decisions are as enforceable as any court order, and are subject only to very limited review by a court. Each party is giving up the right to sue in court and to have a trial before a judge or jury.
Each party here agrees to try in good faith for 30 days to informally resolve any dispute before starting arbitration. A party who intends to seek arbitration must first send the other a written notice that describes the nature and basis of the dispute as well as the relief sought. If you want to send such a notice to us, send it to firstname.lastname@example.org. If we want to send such a notice to you, we will send it to the email address associated with your account. If the parties do not reach an agreement to resolve the dispute within 30 days after the date the notice was sent, then the parties may start arbitration as described below.
The American Arbitration Association (AAA) will administer the arbitration, and the arbitration will be governed by the AAA’s Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes, as modified by these terms. Those rules and information about how to start arbitration are available at www.adr.org or by calling 1-800-778-7879. The arbitrator is bound by these terms. The arbitration will be conducted through the submission of documents, by phone, or in person in the county where you live or at another mutually agreed location.
The arbitrator’s award will be final and specifically enforceable under applicable law, and judgment may be entered upon it in any court with jurisdiction. The arbitration costs, including arbitrator compensation, will be shared between you and us according to the AAA’s Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes.
Any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. By agreeing to these terms, you are waiving the right to participate in a class action. Further, unless the parties mutually agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this waiver is found to be illegal or unenforceable, then the parties agree that this entire section will be unenforceable, that any dispute will be resolved exclusively in a state or federal court located in New York, New York, and that the parties both submit to the personal jurisdiction of such courts. If a claim proceeds in court rather than through arbitration, the parties waive any right to a jury trial.
This section does not: (i) prevent either party from litigating any dispute in small claims court; (ii) apply to disputes arising out of or related to infringement or other misuse of our intellectual property rights; or (iii) prevent either party from bringing a dispute to the attention of any federal, state, or local government agencies.
If you do not want to be bound by this binding arbitration provision and class action waiver, you must notify us within 30 days of the date that you first accept or receive these terms by sending a written notification to email@example.com that includes your name, email address, and a clear statement that you do not wish to resolve disputes with us through arbitration.
9. General Legal Terms.
b. Governing Law and Jurisdiction. You agree that StorySquare is operated in the United States and will be deemed to be solely based in New York and a passive service for purposes of jurisdictional analysis. For any claims for which arbitration is inapplicable, you agree that such claims will be brought in federal or state court in New York, New York, and governed by laws of the state of New York, without regard to any conflict of law provisions.
c. Use Outside of the United States. StoryMinr expressly disclaims any representation or warranty that the Service complies with all applicable laws and regulations outside of the United States. If you use the Service outside of the United States, you expressly understand and agree that you are responsible for determining compliance with different laws, regulations, or customs that may apply in connection with your use of the Service.
d. Survival. The following provisions will survive expiration or termination of this Agreement: Sections 2, 4(c), 4(d), 5(e), and 6-10.
e. Notice for California Users. Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Service is provided by StoryMinr, LLC located in New York, New York. If you have a question or complaint regarding the Service, please contact StoryMinr at at firstname.lastname@example.org. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
f. Government End Users. Any StorySquare software and related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202 (as applicable). Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202- 1 through 227.7202-4 (as applicable), the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. government end users: (i) only as Commercial Items; and (ii) with only those rights as are granted to all other end users pursuant to this Agreement.
g. Assignment. You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without our prior written consent; any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.
h. Electronic Communications. You consent to receive communications from us by email in accordance with this Agreement and applicable law. You acknowledge and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.
i. Entire Agreement / Severability. This Agreement supersedes all prior terms, agreements, discussions and writings regarding the Service and constitutes the entire agreement between you and us regarding the Service, except as provided for in Section 7. If any provision in this Agreement is found to be unenforceable, then that provision will not affect the enforceability of the remaining provisions of the agreement, which will remain in full force and effect.
j. Interpretation. In construing or interpreting the terms of this Agreement: (i) the headings in this Agreement are for convenience only, and are not to be considered, and (ii) no presumption is to operate in either party’s favor as a result of its counsel’s role in drafting this Agreement.
k. Notices. All notices permitted or required under this Agreement, unless specified otherwise in this Agreement, must be sent in writing as follows in order to be valid: (i) if to you, by us via email to the address associated with your account, and (ii) if to us by you via email@example.com. Notices will be deemed given (a) if to you, when emailed, and (b) if to us, on receipt by us.
l. Relationship. This Agreement does not confer any third-party beneficiary rights and does not create a joint venture, agency, partnership, or other form of joint enterprise between you and us. Except as expressly provided herein, neither party has the right, power, or authority to create any obligation or duty, express or implied, on behalf of the other.
m. Waiver. No waiver of any terms will deemed a further or continuing waiver or such term or any other term. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.
n. Further Assurances. You agree to execute a hard copy of this Agreement and any other documents, and take any actions at our expense that we may request to confirm and effect the intent of this Agreement and any of your rights or obligations under this Agreement.
o. Contact. Feel free to contact us at firstname.lastname@example.org with any questions about these terms.
p. Changes to the Service. We are always trying to improve your experience on the Service. We may need to add or change features and may do so without notice to you.
10. Recourse for Copyright Owners: Reporting Complaints with a DMCA Notice
We provide a mechanism for copyright owners, or those authorized to act on behalf of an owner of a copyright, to report a belief about infringing use on the StorySquare Service. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), we will respond expeditiously to claims of copyright infringement on the Service that are reported to our Designated Copyright Agent. We provide you the requirements of proper complaint below.
In order to provide us a DMCA complaint notice (“DMCA Notice”), you should:
- Provide your contact information, including your mailing address, telephone number, and, if available, an email address.
- Identify the copyrighted work that you claim has been infringed. If multiple copyrighted works are covered your DMCA Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.
- Provide us information reasonably sufficient for us to locate each allegedly infringing material (e.g, a URL link where the material may be found on StorySquare) that you are requesting to be removed or disabled.
- Include the following statements in the body of the DMCA Notice:
I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).
I hereby state that the information in this DMCA Notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed.
- Include a physical or electronic signature (e.g. typing your printed name)
- Deliver this DMCA Notice, with all items completed to the Designated Copyright Agent for StorySquare, at:
Attn: Copyright Agent
240 W. 73rd St. Apt. 1304
10023, New York, NY
For fastest handling, email submission is best.