1. ELIGIBILITY

By using this site you represent that you are be at least 18 years old or the age of majority in your jurisdiction and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Stretch Your Story has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Stretch Your Story has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). If you use the Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.

2. INTELLECTUAL PROPERTY

All content on the Site, including text, images, graphics, logos, and designs, is owned by or licensed to Stretch Your Story and is protected by applicable intellectual property laws. You may not use any content without our prior written consent. You agree that you shall be solely responsible for any violations of any relevant laws and for any infringement of third-party rights caused by any User Content (defined below) that you provide or transmit to us. Specifically, any trademarks, trade names, trade dress, logos, domain names, and service marks (collectively, the “Trademarks”) displayed on this Site are the registered and/or unregistered property of Stretch Your Story, or such third party that may own the displayed Trademarks. Nothing contained on this Site or in these Terms serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Site without the written permission of Stretch Your Story or such third party that may own the displayed Trademarks. The text, Trademarks, logos, images, graphics, photos, video files, application functionality, or any other digital media, and their arrangement on this Site (“Content”) are all subject to patent, copyright, trademark and other intellectual property protection. Content may not be copied for commercial use or distribution, nor may Content be modified, processed, or reposted to other websites. Access to and use of this Site are solely for your purchase/use of Stretch Your Story products and/or services for personal use, information, education, entertainment, and communication with Stretch Your Story. You may download, copy or print the Content of this Site for your personal, non-commercial use only. No right, title or interest in any of the Content of this Site is transferred to you as a result of any downloading, copying, printing or use of this Site. Except as expressly provided herein, you may not modify, create derivative works, copy, redistribute, publish, transmit, display or in any way exploit any content or material from this Site without express written permission from us and, if applicable, the respective copyright owner. You acknowledge that you do not acquire any ownership rights by using, downloading or printing copyrighted material.

3. USER CONTENT

By submitting any content to the Site, such as photos, images, text, materials, information, data, opinions, messages, notes, graphics, designs, social media posts or other social media assets, or any other content (“User Content”, “User Generated Content”, or “UGC”) you grant us, our affiliates, assigns, licensees, parent entity, subsidiaries, and our third-party service providers (collectively, the “Licensed Parties”) a non-exclusive, royalty-free, perpetual, unlimited, irrevocable, transferable, assignable, and worldwide license to use that User Content and your image, likeness, username, social media handle, real name, caption, location or other identifying information in connection with your User Content, in any manner in the our sole discretion, with no obligation to you whatsoever, for any lawful purpose, including, but not limited to, any commercial advertising/marketing, in any manner or media now or later developed, offline and online, including, without limitation, the right to display, reproduce, modify, translate, create derivative works, distribute, assign, commercialize, and sub-license that User Content to third parties for their lawful uses and purposes. Licensed Parties are not obligated to feature, post or otherwise use any User Content, or to exercise any rights granted herein, but may do so at their sole discretion.By Submitting User Content, you represent and warrant that: (i) you own or control unencumbered, transferable rights to your User Content; (ii) you have permission from all persons appearing in your User Content to allow you to provide the photo or video image of such persons as part of your User Content to the License Parties for commercial use; (iii) Licensed Parties’ use of the your User Content will not violate or infringe any law or the rights of any third party; and (iv) that you have reached the legal age of majority in your jurisdiction of residence. If your User Content shows a child that is under the age of majority in their state of residence, you represent and warrant that either you are the parent or legal guardian of such child or that you have written permission from the child’s parent or legal guardian to provide the photo or video image as part of your User Content to the Licensed Parties for commercial use.
By Submitting User Content, you hereby release, discharge and agree to hold Licensed Parties and any person acting on behalf of Licensed Parties from all actions, claims, damages, liabilities, costs and expenses arising out of the use by Licensed Parties of the User Content.
By Submitting User Content, you hereby release and discharge Licensed Parties from any and all obligation to pay you for any use of your User Content and any of the intellectual property and publicity rights contained therein.
Although third-party content and User Content may be posted on this Site, these postings do not constitute our endorsement. We are not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury, or wrongful death in connection with third-party content or the User Content.

4. Copyrights; DMCA; Copyright Agent

You agree that we have the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in our sole discretion, any material and content anywhere on this Site. Notwithstanding this right, we do not and cannot review all materials submitted to this Site. If notified, we may investigate an allegation that content transmitted to us is in violation of these Terms and determine whether to have the communication removed. However, we are under no obligation to remove content and assume no responsibility or liability arising from or relating to any actions or content transmitted by or between you or any third party within or outside of this Site, including, but not limited to, any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein.
We may, in appropriate circumstances and at our sole discretion, terminate the access of users who infringe the copyright rights of others.
Pursuant to our rights under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on this Site. Our copyright agent is:

Andar International Co., Ltd.
Attention: Cheol Woong Kim
Re: DMCA Complaint
100 Church Street Suite 800
New York, NY 10004
Email: contact@stretchyourstory.com

To be effective, your infringement notification must include the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material;

Information reasonably sufficient to permit us to contact you, including address, telephone number and email address where you may be contacted;

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law (e.g. I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”); and

A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (e.g. “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”).

Upon receipt of the written notification containing the information as outlined above:

Stretch Your Story will remove or disable access to the content that is alleged to be infringing;

Stretch Your Story will forward the written notification to the alleged infringer; and

Stretch Your Story will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content.

DMCA Infringement Counter Notification.
Pursuant to the DMCA, after the alleged infringer receives a notice of infringement from Stretch Your Story, the alleged infringer will have the opportunity to respond to Stretch Your Story with a counter notification (“Counter Notification”). To be effective, a Counter Notification must be a written communication provided to Stretch Your Story ‘s designated copyright agent, and must include the following:

A physical or electronic signature of the subscriber;

Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;

A statement that under penalty of perjury that the material was removed by mistake or misidentification (e.g. “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”); and

The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the federal district court for the judicial district in which the subscriber address is located, or if the subscriber’s address is outside of the United States, or any judicial district in which Stretch Your Story may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.

Upon the copyright agent’s receipt of a Counter Notification containing the information as outlined above, the DMCA provides that the removed material will be restored or access re-enabled and we will comply with this requirement as required by law, provided that the designated agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our network.

6. DISCLAIMER OF WARRANTIES

ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A “LINKED SITE”) ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. STRETCH YOUR STORY DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN STRETCH YOUR STORY, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL STRETCH YOUR STORY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
STRETCH YOUR STORY’S THE RIGHT TO ALTER OR REMOVE SITE CONTENT, OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND STRETCH YOUR STORY WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF THAT ACTION.

7. LIMITATION OF LIABILITY

YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE: (A) THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK; (B) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT/DEVICE THAT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE; AND (C) THAT STRETCH YOUR STORY AND OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, SHAREHOLDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS (COLLECTIVELY, “SERVICE PROVIDERS”) WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES RELATED TO YOUR USE OF OR INABILITY TO USE OUR SITE, INCLUDING WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF STRETCH YOUR STORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF STRETCH YOUR STORY AND OUR SERVICE PROVIDERS FOR ANY CLAIMS RELATED TO THIS SITE, EXCEED FIFTY ($50) DOLLARS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NOTICE OF ANY CLAIM MUST BE PROVIDED WITHIN ONE YEAR OF ITS ACCRUAL OR IT IS FOREVER WAIVED AND TIME BARRED.

BECAUSE SOME JURISDICTIONS, SUCH AS THE STATE OF NEW JERSEY, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, STRETCH YOUR STORY’S AND ITS SERVICE PROVIDERS’ DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

8. SHIPPING & DELIVERY

Shipping and delivery timelines are estimates and not guaranteed. Risk of loss and title for products pass to you upon our delivery to the carrier. Please refer to the Shipping & Return Policy.

9. RETURNS & EXCHANGES

Please refer to our Returns & Exchanges Policy posted on the Site for details regarding returns, exchanges, and refunds. Please refer to the Shipping & Return Policy.

10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Stretch Your Story and its affiliates from any claims, liabilities, damages, losses, and expenses arising out of or related to your violation of these Terms.

11. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.

12. DISPUTE RESOLUTION

Any disputes arising from these Terms or your use of the Site shall be resolved exclusively in the state or federal courts located in New York County, New York.

13. LIMITED WARRANTY

We warrant that our products shall be free from defects in material and workmanship under normal use and service for a period of one (1) year from the original date of purchase by the customer. During the warranty period, and upon verification by us of a manufacturing defect, customers shall be entitled to request a free exchange or return of the affected product. The determination as to whether a defect is attributable to manufacturing shall be made at our sole discretion. In the event that the original product is no longer available or has been discontinued, only a return for a refund shall be permitted, at our option, in lieu of replacement.
This warranty does not cover defects or damage resulting from misuse, accident, improper care, unauthorized modification, or normal wear and tear of the product. This warranty is non-transferable and applies only to the original purchaser.

14. CHANGES TO TERMS

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on the Site. Your continued use of the Site following any changes constitutes your acceptance of the updated Terms.

15. CONTACT US

If you have any questions about these Terms, please contact us at: contact@stretchyourstory.com