Terms of Service
Last updated November 1, 2020
When we use the words “we,” “us,” or “our,” we are referring to Narrative Nation, Inc., the non-profit that created Irth. When we say “you” or “your,” we are referring to you as the user of Irth’s Services.
1. Changes to these Terms
We might modify these Terms from time to time. You understand and agree that your access to or use of our Services is governed by the Terms effective when you access or use the Services.
If we change these Terms, we will let you know either by email or by posting a notice on Irth’s platforms. The date at the top of this page shows when our Terms were last updated.
2. Our Services
- Who can use Irth. You can use Irth only if you can legally form a binding contract with Irth. You cannot use or access Irth if we have banned you from our Services. No one under the age of 13 can create an account or use our Services.
- Permission to use our Services. We grant you a limited, non-exclusive, non- transferable, revocable license to use Irth subject to these We monitor our Services in accordance with our Community Guidelines [hyperlink] and work hard to make sure Irth is a safe, secure community. However, you use Irth at your own risk, including the risk that you may be exposed to content that is offensive, indecent, inaccurate, objectionable, incomplete, or otherwise inappropriate.
Using Irth may involve downloading software or applications to your computer or phone. You agree that we may automatically update software or applications, and that these Terms will apply to any updates.
- Service Availability. Irth may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability.
- Your account. You must create an account and provide certain information about yourself to use some Irth features. You are solely responsible for your account, including maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account without notice and for no reason.
Only real, natural persons (i.e. humans) can create accounts. You may not impersonate someone else or create more than one account.
3. Your content
- Responsibility for Your Content. Irth allows you to post content across its platforms, including ratings and reviews, comments, and other materials. Anything that you post, make available on Irth, or allow us to make available on Irth is “Your Content.” You alone are responsible for Your Content.
- How Irth can use Your Content. You grant Irth a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, analyze, create derivative works from, and distribute Your Content. We reserve the right to remove or modify Your Content or change the way that Your Content is used, including when we believe that Your Content violates these Terms, our Community Guidelines or any other policies.
- How long we keep Your Content. If you delete any of Your Content from Irth, or if you close your account, we reserve the right to keep Your Content for a reasonable period of time for archival, backup, audit, fraud-detection, or security purposes.
We work hard at Irth to create a safe, inclusive community. To further that effort, you agree that:
- You will not use Irth for any purpose that is illegal or that violates these Terms;
- You will not use any robot, spider, crawler, scraper, or other automated means to access Irth or extract users’ information;
- You will not try to gain unauthorized access to Irth, any user accounts, computer systems, or networks connected to Irth through hacking, password mining, or any other means;
- You will not use Irth to violate the security of any computer network, crack passwords or security encryption codes, disrupt or interfere with the security of, or otherwise cause harm to Irth;
- You will not develop any third-party applications that interact with Irth or content on Irth without our express written consent;
- You will not post content that contains links to pornography, graphic violence, hate speech, threats, or incitements to violence;
- You will not post any racial slurs, racially motivated innuendo, or comments that suggest racially motivated stereotypes;
- You will not use Irth in a way that could disrupt or interfere with our Services or affect or inhibit other users’ use of the Services;
- You will not upload worms, viruses, Trojan horses, or other malicious software to Irth; and
- You will not probe, scan, or test the vulnerability of our Services without our express written consent.
You agree to indemnify, defend, and hold harmless the following people and entities (collectively, the “Irth Entities”): (i) Irth, Narrative Nation Inc., and their affiliates, (ii) any related companies, suppliers, service providers, licensors, or partners, and (iii) the officers, directors, employees, agents, contractors and representatives of each of them from and against any and all third party claims, actions, demands, losses, costs, liabilities, and expenses (including, but not limited to, attorneys’ fees and court costs) arising out of or relating to:
- Your access to or use of our Services, including Your Content,
- Your violation of these Terms,
- Your breach of your representations or warranties provided under these Terms, or
- The infringement by you or anyone using your account of any intellectual property rights of any person or entity.
Irth reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter for which you agree to indemnify us without our prior consent. Irth will use reasonable efforts to notify you of any such claim.
Irth may terminate or suspend your right to access or use the Services without notice for any reason, including if we believe that you or Your Content violates our Community Guidelines.
If we terminate your account, you continue to be bound by Sections 3 and 5 of these Terms.
7. Disclaimers and Limitation of Liability
- Irth is available “as-is.” Your access to and use of Irth is at your own risk. You understand and agree that Irth is provided on an “as-is” basis. To the maximum extent provided under applicable law, the Irth Entities disclaim all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose, or non-infringement.
- LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IRTH ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR LOSS OF PROFITS AND MAILING EXPENSES, LOSS OF DATA, USE, OR GOODWILL, OR OTHER INTANGIBLE LOSSES), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WITHOUT REGARD TO THE FORM OF ANY ACTION (INCLUDING, WITHOUT LIMITATION, TORT CLAIMS), ARISING OUT OF OR RELATING TO: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OR OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; OR (IV) ANY UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. THIS SECTION SHALL SURVIVE THE EXPIRATION AND TERMINATION OF THIS AGREEMENT.
8. General Terms
- Failure to enforce rights. Irth’s failure to enforce any of its rights in these Terms or any provision of these Terms does not constitute a waiver of those rights or any further rights.
- No creation of third-party rights. Nothing in this agreement shall be deemed, and nothing in this agreement is intended, to confer rights on any third party.
- Controlling law and jurisdiction. The laws of the State of New York, excluding choice of law rules, will govern these Terms and any dispute that arises between you and Irth. All disputes related to these Terms or the Services shall be brought solely in the federal or state courts located in New York, and you consent to personal jurisdiction and waive any objection as to inconvenient forum.