TERMS OF SERVICE ~ STORY KEEPER

The www.storykeeper.co website, including any authorised social media channels and private customer forum areas (collectively, the “Website”) includes Lightroom Presets, Lightroom Brushes & Tools, Photography Guides, and other items (collectively, “Products”) created by or licensed to Story Keeper, Bec Zacher Photo & Films. (“Story Keeper”) that are available for purchase, subject to the payment of fees to Story Keeper. 

The following terms and conditions (referred to as the “Terms & Conditions” or the “Agreement”) govern your use of the Website and any Products and form a binding agreement between Story Keeper and you, your company, your employer or any other person or entity you are entering into this Agreement on behalf of (collectively referred to as “you”). By using the Website or purchasing Products, you acknowledge that you have read these Terms & Conditions and agree to be bound by them. If you purchase a Product, you will also be asked to accept Terms of Service that appear during the checkout process. In the event of any inconsistency between this Agreement and the terms governing the use and purchase of products acquired from Story Keeper (“Product Terms”), the terms of the Product Terms shall control. In the event of any other inconsistency between this Agreement and the Product Terms, the terms of this Agreement shall control.     

Story Keeper reserves the right to change these Terms & Conditions at any time without notice to you. You are responsible for reviewing the Terms & Conditions each time you visit the Website or purchase a Product. If you do not wish to be bound by this Agreement, please do not use the Website or purchase Products from Story Keeper. 

 

1. USE OF WEBSITE

The Website is owned and operated by Story Keeper. The material used and displayed on the Website is the property of Story Keeper, and it is protected by copyright, trademark and other laws. The Website and its contents, including Products and any images used on the Website (“Images”), may not be copied or reproduced without the prior written consent of Story Keeper.

Using the Website, Products or Images other than for a permitted purpose is prohibited. For example, you are not allowed to use the Website or its content, including without limitation, the Products: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website, Products, or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or Products, or any related website, other websites, or the Internet. Stroy Keeper reserves the right to terminate your use of the Website, the Products or any related website for violating any of the prohibited uses.

You are not allowed to share, distribute, copy, transfer, sell or re-license any of our Products or Services or solicit any other party except for Story Keeper to do so.  You are also not allowed to modify or alter any Product or Service that you license and then resell it as your own product or service.  Story Keeper will consider such conduct to not only violate these Terms & Conditions but also as an infringement of Story Keeper’s intellectual property and proprietary rights and Story Keeper reserves our rights to take any necessary steps, including terminating or suspending your membership or ability to access private forums and/or asserting a legal action against you, in order to protect our rights.  

2. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

Unless otherwise noted, the Website, Products and Images are the exclusive property and copyright of Story Keeper and are protected by national copyright laws, international treaty provisions and other applicable laws.

Other than as expressly permitted by Story Keeper, Products may not be reproduced, modified, altered, distributed, sold, shared, sublicensed or transferred. You cannot use a Product for any purpose unless you purchase it.

Any unauthorised use of the Website, Products or Images is an infringement of copyright and/or Story Keeper’s intellectual property and proprietary rights. You are responsible for any fees, damages or compensation arising from any unauthorised use.

Story Keeper makes no representations or warranties with respect to the content of any user postings in any private forum area on the Website.  

3. PAYMENT & REFUNDS

All Sales are final, there are no refunds, exchanges or returns under any circumstances. Refunds will only be granted in the limited circumstance where you have accidentally made multiple purchases of the same Product and any such refund will be subject to transaction fees. Please be sure that any Product you are purchasing is compatible with your software or camera files (requirements are listed on the Product page), there are no refunds, exchanges or returns for incompatibility or not being satisfied with the performance of any Product. If you attempt to obtain a refund through PayPal or any other third-party payment service, Story Keeper will rely on these terms to prevent any refund from being granted. After purchase, Products are delivered as a digital download. Story Keeper encourages you to make a backup copy of your downloaded Products, but no other copying or reproducing of Products is permitted. 

All published prices and sales are in USD Currency. Story Keeper cannot be held responsible for any international or foreign transaction fees that are passed on by your credit card issuer. 

4. CUSTOMER SUPPORT

Product Support. You can contact us at hello@storykeeper.co to obtain free assistance with installing and using our Products, including providing you with written and video instructions, but we cannot guarantee that our Products will be compatible with the computer, device or other software that you are using. In addition, many of our Products incorporate third-party software and if we are unable to resolve the problems that you are having, we may recommend that you contact the software provider directly as Story Keeper has no control over such third-party software. No representations or warranties are made with respect to any third-party software or the compatibility of our Products with any third-party software or your computer or device. We are not responsible for any damage, harm or problems that our Products (or the third-party software incorporated therein) may cause to your computer, device or software. The limitation of liability provision in this Agreement applies to any Product support that we may provide and any damage, harm or problems that may occur to your computer, device or software through using our Products.  

5. DISCLAIMERS AND LIMITATION OF LIABILITY

Disclaimer. Use of the Website and Products is at your sole risk. Except as otherwise stated in these Terms & Conditions, the Website and Products are provided on an “as is”, “as available” basis without representations, warranties or conditions of any kind, either express or implied, including without limitation, representations, warranties or conditions of title or implied warranties or conditions of merchantability or fitness for a particular purpose or compatibility with any computer hardware or other equipment, operating system or software program. The use of the Website may not be uninterrupted or error-free. Story Keeper is not responsible for any communications or content made available by users in any private forum area on the Website. 

Limitation of Liability. Except for the indemnification to you set forth below, to the maximum extent permitted by law, Story Keeper will not be liable for any indirect, punitive, exemplary, statutory, incidental, special or consequential damages, whether foreseeable or unforeseeable, based on claims, including without limitation, claims for damages for loss of profits or loss of business opportunities, delay or inability to use the Website or any Product, mistakes, omissions, interruptions, deletion or corruption of files, errors, defects, delays in preparations or transmissions arising out of or in any way connected with the use of the Website or any Product whether based on contract, tort, strict liability or otherwise. Story Keeper’s liability to you in any circumstances will be limited to the amount you paid for the relevant Product. 

6. WARRANTIES AND INDEMNIFICATION

Warranties to You. Story Keeper has the authority and possesses all of the necessary rights to enter into this Agreement and your use of any Product in accordance with this Agreement will not infringe on any copyright of any third party.

Your Warranties to Story Keeper. You represent and warrant that you have attained the age of majority in your jurisdiction and have the full right and authority to enter into this Agreement. If you are entering into this Agreement on behalf of your company, employer, or any other person or entity, you warrant and represent that you have the authority to do so. If you do not have such authority, you will be personally liable for any breach of this Agreement.

Indemnification by Story Keeper. Subject to any disclaimers set forth above provided that a Product is used in accordance with these Terms & Conditions and you are not in breach of this Agreement, Story Keeper will defend and indemnify you from any damages, liabilities and expenses (including reasonable outside legal fees) incurred by you in connection with any actual lawsuit or legal proceeding alleging that Story Keeper is in breach of any of the warranties provided in this Agreement.

Indemnification by You. You will indemnify and hold harmless Story Keeper from any and all claims, liabilities, damages, demands, losses or expenses arising out of or in connection with: your use of the Website or any Product in violation of this Agreement; your breach of this Agreement; your infringement of any third party intellectual property rights; or any act or omission by you which results in: (a) loss, damage, interference with or disruption to the Website or any Product; (b) use of the Website or any Product for any illegal purpose; or (c) use of the Website or any Product to achieve any unauthorised or prohibited access to computer systems or data.

Indemnification procedure. The party seeking indemnification (the “Indemnitee”) will promptly notify the other party (the “Indemnitorin writing of any claim that is eligible for indemnification. The Indemnitee, at its sole option, may assume the handling, settlement or defense of any claim, and the Indemnitor will cooperate in the defense of any such claim if requested by the Indemnitee. The Indemnitee will have the right to participate in such claim, at its expense, using the counsel of its choice. The Indemnitor will not be liable for legal fees and other costs incurred prior to the Indemnitee giving notice of the respective claim. Story Keeper will not be liable for any losses arising from your failure to stop using any Product if so required in order to mitigate any potential damages. 

7. MISCELLANEOUS

Product Reviews. We love hearing back from and value our customers' opinions, however reviews will not be published if they do not meet the following guidelines:

  • PROFANITY: If the review contains offensive, profane, illicit or otherwise inappropriate comments, the review will NOT be published.

  • URL: If the content contains websites, hyperlinks, or URLs that promote other products the review will NOT be published.

  • TEST/ERROR: If a review appears to have been submitted as a test or in error, the review will NOT be published.

  • IRRELEVANT: If the reviewer does not discuss the specific preset, and rather makes a general statement, the review will NOT be published. If the reviewer has yet to make a purchase or the reviewer has no experience with the specific preset, the review will NOT be published.

  • FALSE: If the reviewer has made false claims about the preset they are reviewing or Story Keeper, the review will NOT be published.

  • COPYRIGHT: If it appears that a review has been copied/pasted from another source online, the review will NOT be published.

  • SPAM: If the review appears to be spam content, the review will NOT be published. 

Privacy Policy. Story Keeper recognises the importance of your right to privacy and the sensitivity of personal information. Story Keeper’s Privacy Policy (listed below), which is incorporated into this Agreement, outlines the personal information collected, how your personal information is managed and how your privacy is protected.

Entire Agreement. This Agreement (including the applicable terms of any license which are incorporated into this Agreement) constitutes the entire agreement between you and Story Keeper pertaining to the subject matter of this Agreement and supersedes all prior and contemporaneous communications, written or oral. There are no warranties, conditions or representations and there are no agreements in connection with such subject matter except as specifically set forth or referred to in this Agreement. Any terms, conditions, representations or warranties included in any correspondence, communication, requisition or purchase order from you or any other party that conflict with this Agreement are not applicable to the subject matter of this Agreement.

Trademarks. All third party trademarks (including logos and icons) referenced on our website remain the property of their respective owners. Unless specifically identified as such, our use of third party trademarks does not indicate any relationship, sponsorship, or endorsement between us and the owners of these trademarks. Any references to third party trademarks are solely to identify the corresponding third party goods and/or services unless otherwise indicated. 

Contact Information. Please direct any questions about this Agreement, Story Keeper, the Website or Products to Rebecca Zacher hello@storykeeper.co.

PRIVACY POLICY~ STORY KEEPER

This privacy policy sets out how Story Keeper uses and protects any information that you provide when you use this website.

Story Keeper is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. This policy changes from time to time, so if you ever have any concerns you should check this page to ensure that you are happy with any changes.

We may collect the following information:

  • name

  • contact information including email address

  • demographic information such as postcode, preferences and interests

  • other information relevant to customer surveys and/or offers

What we do with the information we gather:

We require this information to process and fulfill your orders, understand your needs and provide you with a better service, and in particular for the following reasons:

Processing your orders

Improving our products and services.

You will only be contacted for marketing purposes if you sign up to receive our newsletter and marketing communications. Otherwise, all email communication will be limited e.g. to discuss an order, or occasionally to request your assistance in a survey or research exercise.

SECURITY

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

Story Keeper uses a secured payment gateway from Stripe and Paypal to ensure that your credit card details are safe. Story Keeper staff do not see any card details which you have directly entered into our site.

How we use cookies

A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs.

We use a specific cookie in order to facilitate the use of Google Universal Analytics for users logged-in to the website. If you are a Logged-In User, we may use your user ID in combination with Google Analytics to track and analyse the pages you visit. We do this only to better understand how you use the site with a view to offering improvements for all users and to tailor our business and marketing activities accordingly, both generally and specifically to you. Google Analytics cookies do not provide us with any personal information. We also use Google Analytics code that allows for display advertising and other advanced features, including but not limited to, remarketing.

These features are used to advertise online; to allow third-party vendors, including Google, to show you advertising across the Internet; to allow the use of first-party cookies (such as the Google Analytics cookie) and third-party cookies together to inform, optimise, and serve ads based on your past visits to our site and to report how ad impressions, uses of ad services, and interactions with these ad impressions and ad services are related to visits to the website. Data from Google's interest-based advertising or third-party audience data (such as age, gender, and interests) is also combined with Google Analytics to better understand the needs of our site users.

You may opt out of such display advertising at any time by visiting your Google Ads Settings page or by installing and running the Google Analytics Opt-out Browser Add-on

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. However this may prevent you from taking full advantage of the website.

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information

You may choose to restrict the collection or use of your personal information. If you have any specific concerns or requests, please contact us at hello@storykeeper.co

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so.

We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

You may request details of personal information which we hold about you. If you would like a copy of the information held on you please write to us via email.

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.