Terms and Conditions
General Terms and Conditions
Carefully read the following terms and conditions regarding your membership at Story. By signing your Membership Agreement and in consideration of the mutual covenants, representations, warranties and agreements contained herein, you acknowledge your acceptance of the following terms and conditions.
- Code of Conduct
As a Member of the Story LABS community, you and your organization agree to conduct business in a manner consistent with the following core values:
ACCOUNTABILITY: You are responsible for your actions and the actions of your staff.
TRANSPARENCY: Be honest, open and mindful in your relationships and transactions.
EXCELLENCE: Do great work, serve people well, and act in the best interest of your clients, and all members of the Story community.
COMPASSION: Honor each person, their perspective and their journey in all interpersonal interactions and collaborations.
DIVERSITY & INCLUSIVITY: Everyone’s experience is important and adds value to our community - our different backgrounds and worldviews make us stronger together. Honor, support and serve everyone in the community with the same level of respect and care.
Failure to conduct business or act in a manner contrary to these values may result in your LABS membership being revoked.
a. Member acknowledges that you are participating in or using the Services at your own free will and decision. You acknowledge that Story does not have any liability with respect to your access, participation in, use of the Services, or any loss of information resulting from such participation or use. b. Member will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions and notices. Member may not use the Services in any manner that could damage, disable, overburden, or impair any Story’s server (web hosting service), or the network(s) connected to any Story’s server, or interfere with any other party’s use and enjoyment of any Services. Member may not attempt to gain unauthorized access to any Services, or accounts, computer systems or networks connected to any Story’s server or to any of the Services, through hacking, password mining or any other means. Member may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. Member specifically agrees that when participating in or using the Services, Member will not:
Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through the Story’s servers;
Upload, or otherwise make available, file that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as a limitation, copyright, trademark laws (or by rights of privacy or publicity) unless Member owns or control the rights thereto or have received all necessary consent to do the same;
Use any material or information, including images or photographs, which are made available through the services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
Upload files that contain viruses, Trojan Horses, Worms, time bombs, candlebots, corrupted files, or any other similar software or programs that may damage the operation of another computer or property of another coworker;
Download any file that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and or/distributed in such manner. o Restrict or inhibit any other user from using and enjoying the Services;
Violate any code of conduct or other guidelines which may be applicable for any particular Service (including the Building Rules;)
Harvest or otherwise collect information about other, including email addresses, without the authorization or consent of the disclosing party; and
Violate any applicable laws or regulations or create false identity for the purpose of misleading others.
- Operating Standards
The Operating Standards posted at the Premises are made an integral part of this Agreement. Member, its employees, agents, guests, invitees, visitors and/or any other persons caused to be present in and around the Premises by the Member shall perform and abide by the Operating Standards and any amendments or additions thereto as Story or Landlord may make. In Story's sole discretion, should it determine that Member has failed to comply with any of the Operating Standards, Member shall be in breach of this Agreement and Story shall be entitled to exercise any of Story's remedies pursuant to this Agreement or otherwise.
Member acknowledges and agrees that during their participation in and use of the Services, Member may be exposed to Confidential Information. "Confidential Information" shall mean all information, in whole or in part, that is disclosed by Story or any other person or entity using the Services or any employee affiliate, or agent thereof, that is non-public, confidential or proprietary in nature, including, without limitation, information about business, sales, operations, know-how, trade secrets, business affairs, any knowledge gained through examination or observation of or access to the Premises, use of the computer systems, the Services and/or books and records of Story, any analysis, compilations, studies or other documents prepared by Story or otherwise derived in any manner from the Confidential Information that you are obliged to keep confidential or know or has reason to know should be treated as confidential. Your participation in and/or use of the Services obligates you to; (i) maintain all Confidential Information in strict confidence; (ii) not to disclose Confidential Information to any third parties; and (iii) not to use the Confidential Information in any way.
All Confidential Information remains the sole and exclusive property of the respective disclosing party, as the case may be. You acknowledge and agree that nothing in this Agreement or your participation or use of the Services will be construed as granting any rights to you, by license or otherwise, in or to any Confidential Information or any patent, copyright or other intellectual property proprietary rights of Story or any participant or user of the Services.
Any notice under this Agreement shall be in writing and shall be either delivered by hand or by overnight mail to the party at the address set forth below. Story hereby designates its address as: Story Spaces, LLC 900 East Main St Louisville, Ky, 40206 Attn: Natalia Bishop Member hereby designates its address as set forth in the Agreement. If such mail is properly addressed and mailed as above, it shall be deemed notice for all purposes, given when sent or delivered, even if returned as undelivered.
- Information Disclosure; Media Release
Story reserves the right, at any time, to disclose any information about you, your participation in and use of the Services as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.
Member hereby grants permission to Story, its employees, interns, or representatives to take and use:
- photography/digital images;
- videotape; or
- recorded audio or quoted remarks of Member for use in promotional or educational materials.
These materials might include but are not limited to electronic publications, printed publications, Story’s website, Social media accounts or other electronic or print communications. Member further agrees that his/her name and identity may be revealed in descriptive text or commentary in connection with the image(s)published. Member also agrees that the media may contact Member regarding his/her involvement with Story.
Member authorizes the use of these materials indefinitely without compensation. All prints, digital reproductions, video, and audio recordings shall be the property of Story.
Story will do our best to contact its members to request the use of any of the materials described above and will provide an open and honest description of the manner in which the materials will be used. Materials are to be used in a promotional context unless otherwise specified in the communications with the member featured in the media. Story or a representative of Story agrees to contact Member if any alterations/editing takes place on the materials being provided of/by Member.
- Disclaimer of Warranties
To the maximum extent permitted by applicable law, Story provides the Services “AS IS” and with all faults, and hereby disclaim with respect to the Services all warranties and conditions, whether express, implied or statutory, including, but not limited to, any warranties, if applicable, duties or conditions of or related to: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of negligence. Further, there is no warranty, duty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement. The entire risk as to the quality, or arising out of participation in or the use of the Services, remains with you, the member.
- Limitation of Liability; Exclusion of Incidental, Consequential & Other Damages
Any warranties and other terms implied by statute or common law are excluded from this Agreement to the fullest extent permitted by law. To the maximum extent permitted by applicable law, in no event shall Story or its subsidiaries, affiliates, divisions, and their past, present and future officers, managers, agents, shareholders, members, representatives, employees, successors and assigns, jointly or individually be liable for any direct, special, incidental, indirect, punitive, consequential or other damages whatsoever (including, but not limited to, damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care), negligence, and any other pecuniary or other loss whatsoever) arising out of or in any way related to the participation in or inability to participate in or use of the Services, the provision of or failure to provide Services, or otherwise under or in connection with any provision of this Agreement, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of Story, and even if Story has been advised of the possibility of such damages. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Story or its subsidiaries, affiliates, divisions, and their past, present and future officers, agents, shareholders, members, managers, representatives, employees, successors and assigns under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to actual damages incurred by you based on reasonable reliance up to twenty dollars (USD $20.00). The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
You hereby release and agree to indemnify, defend and hold harmless Story and our subsidiaries, affiliates, divisions, and their past, present and future officers, managers, agents, shareholders, members, representatives, employees, successors and assigns, jointly and individually, from and against all claims, liabilities, losses, damages, costs, expenses, judgments, fines and penalties based upon or arising out of your negligent actions, errors and omissions, willful misconduct and fraud in connection with the participation in or use of the Services. You further agree in the event that you bring a claim or lawsuit in violation of this Agreement, you shall be liable for any attorneys’ fees and costs incurred by Story or our respective officers, managers and agents in connection with the defense of such claim or lawsuit.
- Force Majeure
For the purposes of this Agreement, a Force Majeure Event means an event beyond the reasonable control of Story, including but not limited to, strikes, lock-outs or other industrial disputes (whether involving Story or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors. Story shall not be liable to you as a result of any delay or failure to perform its obligations under this Agreement as a result of a Force Majeure Event. If the Force Majeure Event prevents Story from providing any of the Services for more than 90 days, Story may, without limiting its other rights or remedies, have the right to terminate this Agreement immediately by giving written notice to you.
a. Failure of Story to insist upon the strict performance of any term or condition of this Agreement or to exercise any right or remedy available for a breach thereof, and acceptance of full or partial payment during the continuance of any such breach shall not constitute a waiver of any such breach or any such term or condition. b. No term or condition of this Agreement required to be performed by Member and no breach thereof shall be waived, altered or modified, except by a written instrument executed by Story. c. Each term, provision and obligation of this Agreement shall be construed as both a covenant and condition. d. This Agreement, along with any attachments or exhibits, embodies the entire understandings between the parties relative to its subject matter, and shall not be modified, changed or altered in any respect except in writing signed by all parties. e. This Agreement is subject and subordinate to the Lease governing the Premises, under which Story (or its affiliate) is bound as tenant; and the provisions of the Lease, other than as to the payment of Monthly Services or other monies, are incorporated into this Agreement as if completely herein rewritten. Member shall comply with and be bound by all provisions of the Lease (except that the payment of Monthly Services shall be governed by the provisions of this Agreement), and Member shall indemnify and hold Story harmless from and against any claim or liability under the Lease of Story arising from Member’s breach of the Lease or this Agreement. Story covenants and warrants that the use of the Premises as a business office is consistent with and does not violate the terms of the Lease. f. Story covenants and agrees with Member that upon Member paying all the Monthly Services Fees hereunder and all other charges due under this Agreement and observing and performing all the terms, covenants and conditions of this Agreement, Member may peaceably enjoy the Premises, subject to the terms of this Agreement and the share arrangement contemplated hereby and the terms of the Lease. g. The party or parties executing this Agreement on behalf of the Member warrant(s) and represent(s) that such executing party (or parties) has (or have) complete and full authority to execute this Agreement on behalf of Member; and that Member shall fully perform its obligations hereunder. h. This Agreement shall be governed by the laws of the Commonwealth of Kentucky. The parties agree that any legal proceeding concerning the enforcement or interpretation of this Agreement shall be exclusively venued in Jefferson County. i. If any part of this Agreement is determined to be void, invalid, inoperative or unenforceable, such decision shall not affect any other provisions hereof and the remainder of this Agreement shall be effective as though such void, invalid, inoperative or unenforceable provision had not been contained herein.