Terms & Conditions  
     
  PLEASE READ CAREFULLY BEFORE REGISTERING:

This Agreement (Agreement) is a legal agreement between you (you) and Life Story Ltd(us or we) for use ofour online video sharing and storing platform and community through our website located at lifestorybank.com (our Site) and related domains (including Mylifestorybank.com), desktop applications and PC television applications, computer Services and the associated media(together the Services), along with printed materials and online documents (the Documents).
We are a limited company registered in England and Wales under company number 07828758 and have our registered office and trading address at Woodend Cottage, Wood End, Marlow, Buckinghamshire SL7 2HW. We can be contactedby e-mail at info@lifestorybank.com.
By registering with usyou accept the terms of this Agreement.
IMPORTANT NOTICES
  • BY REGISTERING WITH US YOU CONFIRM THAT YOU ARE AT LEAST 10 YEARS OLD AND THAT YOU AGREE TO THE TERMS OF THIS AGREEMENT WHICH WILL BIND YOU. THE TERMS OF THIS AGREEMENT INCLUDE, IN PARTICULAR, LIMITATIONS ON LIABILITY IN CONDITION 11.
  • IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT REGISTER.
  • YOU MAY CANCEL THIS AGREEMENT WITHIN 7 DAYS OF ENTERING INTO IT PROVIDED THAT YOU HAVE NOT UPLOADED ANY CONTENT OR STARTED TO RECORD ANY VIDEO CONTENT. IF YOU CORRECTLY CANCEL THIS AGREEMENT, WE WILL PROVIDE YOU WITH A FULL REFUND WITHIN 30 DAYS.
  • YOUR VIDEO WILL NOT CONSTITUTE A WILL AND ANY REQUEST, INSTRUCTION OR RECOMMENDATION YOU LEAVE ON IT MAY NOT BE LEGALLY ENFORCEABLE.
  • IF YOU USE OUR SERVICES OUTSIDE OF ENGLAND AND WALES, YOU MAY BE SUBJECT TO DIFFERENT LAWS AND WE TAKE NO RESPONSIBILITY FOR YOUR BREACH OF SUCH LAWS CAUSED BY THE USE OF OUR SERVICES.
You should print a copy of this Agreement for future reference.

  1. Our Obligations to you
  2. Your obligations to us
  3. Your account and password
  4. Charges and payment
  5. Content and data
  6. Rights you grant to us in relation to Content (including Data)
  7. Links
  8. Restrictions
  9. Intellectual property rights
  10. Limited Warranty
  11. Limitation of liability
  12. Indemnity
  13. Events outside of our control
  14. Termination
  15. Consequences of termination
  16. Communications between us
  17. Other important terms


1. Our Obligations to you
1.1 In consideration of payment by you of the Full Membership Fee (if you are a Full Member) and / or you agreeing to abide by the terms of this Agreement (whether you are a Full Member or Basic Member), we hereby grant to you a non-exclusive, non-transferable right to use the Services and the Documents subject to the terms of this Agreement.
1.2 We shall, during the term of this Agreement, provide you with:
1.2.1 a platform to record your life story for the benefit of your friends and family and store such recording(s) (together with any additional services we may provide in the future, the Services); and
1.2.2 ideas and examples of videos and a Helpful Hint List (together with any other information or documentation we may provide in the future, the Documentation).
1.3 Basic Members may use the Services to create, change and update their video content. As a Basic Member you agree that your use of the Service and content storage is on an "as is" and "as available" basis. While we we will endeavour to provide storage for as long as membership lasts, this is a free service and as such we can make no guarantee as to the longevity of video storage.
1.4 Full Members may use the Services to create, change and update their video and have the right to receive guaranteed storage for their recordings and data for the duration of their membership. If any copies of videos are required we would be happy to provide them for an additional fee. The copy may be provided by way of memory stick, memory card, CD or other device at our discretion.
1.5 We provide an online support service. Please address any queries to support@lifestorybank.com.

2. Your obligations to us
2.1 You shall:
2.1.1   provide us with all necessary co-operation and all necessary information in relation to this Agreement in order for us to provide the Services, including but not limited to your relevant data, security access information and configuration services; and
2.1.2   comply with all applicable laws and regulations with respect to its activities under this Agreement.

3. Your account and password
3.1 You are provided with either a user identification code or password as part of our security procedures, you must treat such information as confidential and not disclose it to any third party.
3.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
3.3 You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services and/or the Documentation. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us support@lifestorybank.com.
3.4 You are responsible for all activity that occurs under your account, with the exception of any activity by unauthorised users whose usewe believe you could not reasonably have prevented.
3.5 Your privacy rights are set out in our Privacy Policy (which we may amend at any time). By entering into this agreement, you are deemed to have read and understood this policy.

4. Charges and payment
4.1 If you have chosen to become a Full Member, you shall pay our Full Membership Fee, as advertised on our Site, at the time of registration. This payment can be made by credit card, debit card or Paypal. We do not accept any other form of payment.
4.2 All amounts and fees stated or referred to in this Agreement are inclusive of value added tax.
4.3 In the event that you are a Full Member and request a full copy of your lifestorybank account, you shall pay us an additional fee, the amount of which shall depend on the medium on which the information is stored (which shall be determined by us). The fee must be paid before delivery will be made.

5. Content and Data
5.1 You shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of any content, information, photos, documents, videos and other items including personal data that relates to any individual (Data) that you post or upload onto our Site (Content).
5.2 We also have the right to disclose your identity to any third party who is claiming that any Content constitutes a violation of their rights.
5.3 We will not be responsible, or liable to any third party, for any Content.
5.4 The views expressed by other users on our Site do not represent our views or values.
5.5 5.5 You shall at all times when using the Site comply with our Acceptable Use Policy (which we may amend at any time) and warrant that all Content complies with it. You will be liable to us and indemnify us for any breach of this warranty. This means you will be responsible for any loss or damage we suffer as a result of your failure to adhere to this policy.
5.6 We are entitled to monitor all Content and may immediately and without notice remove any Content that we determine is inappropriate or in breach of this Agreement, without any compensation to you.
5.7 In the event of any loss or damage to Content, your sole and exclusive remedy shall be for us to use reasonable commercial endeavours to restore the lost or damaged Content from the latest back-up. We shall not be responsible for any loss, destruction, alteration or disclosure of Content caused by any third party.

6. Rights you grant to us in relation to Content (including Data)
6.1 In relation to all the Content, including Data,that you provide to us or enter onto our Site (whether the public area or the private area):
  6.1.1   you acknowledge that it will be stored in the United States of America for the time being and agree that the personal data in particular may be transferred or stored outside the EEA in order for us to carry out the Services and our other obligations under this Agreement;
  6.1.2   you shall ensure that you are entitled to transfer the relevant personal data to us so that we may lawfully use, process and transfer the personal data in accordance with this Agreement on your behalf; and
  6.1.3   you shall ensure that the relevant third parties have been informed of, and have given their consent to, such use, processing and transfer as required by all applicable data protection legislation; and
  6.1.4   it shall be your responsibility to ensure that the Content does not infringe any third party’s rights, including intellectual property rights and data protection rights.
6.2 In relation to all the Content that you enter onto the private part of our Site, you allow us to read, delete, watch, display, copy and store the Content purely for the purposes of maintaining the Services but not to disclose it to any third party (other than a contractor who is obliged to keep it confidential).
6.3 In relation to all the Content you enter onto the public part of our Site:
  6.3.1   you allow us to read, delete, watch, display, copy and store the Content for the purposes of carrying out the Services or for marketing or promoting our Services;
  6.3.2   you allow us to permit third parties (including other internet service providers) to view and copy the Content and you acknowledge that it may be seen by others via a public search facility.

7. Links
7.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Site in any website that is not owned by you.
7.2 Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page.
7.3 We reserve the right to withdraw linking permission without notice.
7.4 The website in which you are linking must comply in all respects with the content standards set out in clause5 and our Acceptable Use Policy.
7.5 Where our Site may contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.

8. Restrictions
8.1 Except as expressly set out in this Agreement or as permitted by any local law, you undertake:
  8.1.1   not to copy the Services or Documents except where such copying is incidental to normal use of the Services, or where it is necessary for the purpose of back-up or operational security;
  8.1.2   not to rent, lease, license, loan, translate, merge, adapt, vary or modify the Services or Documents;
  8.1.3   not to make alterations to, or modifications of, the whole or any part of the Services, nor permit the Services or any part of it to be combined with, or become incorporated in, any other programs;
  8.1.4   not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Services nor attempt to do any such thing;
  8.1.5   not to access all or any part of the Services and Documentation in order to build a product or service which competes with the Services and/or the Documentation;
  8.1.6   to keep all copies of the Services secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Services;
  8.1.7   to include our copyright notice on all entire and partial copies you make of the Services on any medium;
  8.1.8   not to provide or otherwise make available the Services or Documentation in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any other person;
  8.1.9   not to advertise or market any products on or using our Site (without our prior written consent, which shall be at our entire discretion); and
  8.1.10   only use our Site for lawful purposes and in a lawful manner.
8.2 You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.
8.3 You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

9. Intellectual property rights
9.1 You acknowledge that all intellectual property rights in the Services and the Documents anywhere in the world belong to us, that rights in the Services are licensed (not sold) to you, and that except as expressly stated herein, this Agreement does not grant you any rights to, or in, patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Services or the Documents.
9.2 You acknowledge that you have no right to have access to the Services in source code form or in unlocked coding or with comments.
9.3 We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it (with the exception of the Content you upload). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
9.4 You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site.
9.5 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
9.6 Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
9.7 You must not use any part of our Site for commercial purposes without obtaining aAgreement to do so from us or our licensors.
9.8 If you print off, copy or download any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

10. Limited Warranty
10.1 We undertake that the Services will be performed substantially in accordance with the Documentation and with reasonable skill and care.
10.2 The undertaking at clause 10.1 shall not apply to the extent that our failure is caused byyou having amended the Services or you having used the Services in contravention of the terms of this Agreement.
10.3 If we breach the undertaking at clause 10.1, we shall use reasonable endeavours to correct the issue promptly or refund you any fee you have paid us for the period whilst the breach occurred. This shall be your sole and exclusive remedy for breach of such undertaking.
10.4 We makes no representation or warranty that:
  10.4.1   you are entitled to use our Servicesoutside of England and Wales;
  10.4.2   our Services will always be available or will not be interrupted or perform error-free;
  10.4.3   all the ancillary or additional Services will remain available to you;
  10.4.4   our Site will be secure or free from bugs or viruses;
  10.4.5   the content on our Site is accurate, complete or up-to-date; or
  10.4.6   the content you upload or video you create will be available for you to keep other than in accordance with clause 1.4.
10.5 We make no representation or warranty in relation to content uploaded onto our Site by you or any other user.
10.6 The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.
10.7 Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.
10.8 We shall not be responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Services and Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

11. Limitation of liability
11.1 With the exception of the remedies set out in clauses 5.7 and 10.3 for specific breaches, this clause 11sets out our entire financial liability to you:
11.1.1   arising under or in connection with this Agreement;
11.1.2   in respect of any use made by you of the Services and Documentation or any part of them; and.
  11.1.3   in respect of any representation, statement or tortious act or omission (including negligence) arising under or in connection with this Agreement.
11.2 You acknowledge that the Services have not been developed to meet your individual requirements.
11.3 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.
11.4 We shall not be held responsible by you or any third party for any adverse psychological or physical reaction had to the site content, your uploads or any video recording you makeunless it can be proven that such personal injury has been caused by our negligence.
11.5 We only supply the Services and Documents for domestic use. You agree not to use the Services and Documents for any commercial, business or re-sale purposes, and we have no liability to you in relation to such prohibited use.
11.6 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this Agreement or our negligence up to the amount specified in condition 11.7, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into thisAgreement.
11.7 Our maximum aggregate liability under or in connection with this Agreement whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a maximum sum of £90 (being the maximum price that would have been paid for Full Membership).
11.8 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising from your inability to use our Site at any particular time.
11.9 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.
11.10 We assume no responsibility for the content of websites linked on our Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
11.11 Notwithstanding any other clause, nothing in this Agreement shall limit or exclude our liability for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation or any other liability that cannot be excluded or limited by English law.

12. Indemnity
12.1 You shall indemnify, defend, and hold harmless us and our directors, officers, employees, and agents, from and against all costs, demands, liabilities, expenses, damages, claims and losses that arise from or in connection with:
  12.1.1   your breach of the terms of this Agreement; or
  12.1.2   any content you upload or video you record; or
  12.1.3   your use of our Services outside of England and Wales.

13. Events outside of our control
13.1 For the purpose of this clause, an Event Outside Our Control means any act or event beyond our reasonable control, including without limitation failure of public or private telecommunications networks.
13.2 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by an Event Outside Our Control.
13.3 If an Event Outside Our Control takes place that affects the performance of our obligations under this Agreement,our obligations under this Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.

14. Termination
14.1 This Agreement begins on the date you order our Services and continues until terminated by either party on two months’ notice (which can be issued at any time in accordance with clause 16) or otherwise in accordance with this clause.
14.2 We shall be entitled to terminate this Agreement with immediate effect if a bankruptcy order is made against you and you shall be entitled to terminate the Agreement if an administrator or liquidator is appointed to manage our affairs.
14.3 We shall be entitled to suspend or terminate this Agreement with immediate effect if you commit a material breach of any of the terms of this Agreement or of our Acceptable use Policy or if we determine that your on-going use of the Services may damage our reputation or goodwill. The decision as to whether to suspend or terminate the Agreement shall be made entirely at our discretion.
14.4 For the purpose of clause 14.3, a material breach shall include without limitation a breach of clause 2, 3.3,4.1, 5, 8 or 9.

15. Consequences of termination
15.1 We may terminate this Agreement immediately by written notice to you if you commit a material or persistent breach of this Agreement which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.
15.2 Upon termination for any reason:
  15.2.1   we may immediately suspend, disable, block or delete your account and any Data or Content in or on it;
  15.2.2   you must immediately cease all activities authorised by this Agreement;
  15.2.3   all rights granted to you under this Agreement shall cease; and
  15.2.4   you must immediately pay to us any sums due to us under this Agreement.
15.3 The accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination, shall not be affected or prejudiced by the termination.
15.4 We shall not accept any responsibility for loss of any Data or Content that occurs due to termination of this Agreement.
15.5 If we terminate this Agreement under clause 14.3, you may not re-register for our Services. We may block your email address and internet protocol address to prevent further registration.
15.6 We exclude liability for actions taken in response to breaches of these terms and conditions. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

16. Communications between us
16.1 If you wish to contact us in writing, or if any condition in this Agreement requires you to give us notice in writing, you can send this to us by e-mail to info@lifestorybank.com. We will confirm receipt of this by contacting you by e-mail.
16.2 If we have to contact you or give you notice in writing, we will do so by e-mail.

17. Other important terms
17.1 We may transfer our rights and obligations under this Agreement to another organisation, but this will not affect your rights under this Agreement.
17.2 You may only transfer your rights or your obligations under this Agreement to another person if we agree to it in writing.
17.3 We may update our Site from time to time, and may change the content at any time. However, please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it.
17.4 You are responsible for making all arrangements necessary for you to have access to our Site.
17.5 You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
17.6 We may revise our Privacy Policy and Acceptance Use Policy at any time. Please check our Site from time to time to take notice of any changes we made, as they are binding on you.
17.7 This Agreementand any document expressly referred to in it constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in this Agreement or any document expressly referred to in it.
17.8 If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.9 No one other than a party to this agreement and their personal representatives shall have any right to enforce any of its terms.
17.10 Each of the conditions of this Agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
17.11 Except as expressly provided in this agreement, the rights and remedies provided under this agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
17.12 This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
17.13 If you use this site, the laws of England and Wales apply and you and we hereby irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims). However, if you are a resident of Northern Ireland you or we may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you or we may also bring proceedings in Scotland.