Terms and Conditions for One Third Stories Website and Companion App

These Terms and Conditions (“Terms”) constitute a legally binding agreement between Moscato Enterprises LLC (DBA One Third Stories), a company registered in Florida with principal offices in West Seneca, NY (“One Third Stories”, “We”, “Us”, or “the Company”), and the User (“User”, “You”, or “Your”) (together, the “Parties”). The User is the individual who visits the website, registers and/or uses the members-only areas of the website, purchases materials from our website, and/or uses or registers for the One Third Stories Companion App (“app” or “service”).

1. Agreement to Terms

By visiting our website and using this app, you certify that you have read, understood, and agree to comply with these Terms. If you do not agree to these Terms, you are advised to discontinue the use of the app and/or website. One Third Stories only grants the use and access of this app, its products, and its services to those who have accepted its terms. These Terms and Conditions may be updated without prior notice, and the updated Terms and Conditions will be posted on this page. We will notify You in the case of substantial changes. Otherwise, You agree to any subsequent Terms and Conditions that are posted on this page.

2. Privacy Policy

Before continuing to use our app or website, we advise you to read our Privacy Policy regarding our user data collection. It will help you better understand our practices.

3. Age Restriction

Our website contains areas for purchases and members-only sections where children can engage in educational activities. Any members-only areas of our website require adults 18 years of age or older to initially set up the account, change account information, and reset and retrieve passwords. The adult who registers for the members-only area agrees to monitor the child’s use and may need to log in to the account on behalf of the child.

Similarly, our App requires adults to initially set up the account, and parents can change account information, retrieve and reset passwords. The adult who registers for the App agrees to monitor the child’s use and may need to log in to the account on behalf of the child. You must be at least 18 years of age before registering your child to use the app and/or access members-only areas of our website and/or purchase materials on our website. By registering to use the app or any members-only areas of our site, you warrant that you are at least 18 years of age and you must legally adhere to this Agreement. One Third Stories assumes no responsibility for liabilities related to age misrepresentation.

4. One Third Stories Content

Upon download, digital delivery, or access of One Third Stories Content and payment of any applicable fees and taxes, you are granted a non-exclusive right to view and use the One Third Stories Content as long as you remain an active member of the subscription plan. You may only view the One Third Stories Content using the One Third Stories app or a members-only area of the website. You may only use One Third Stories content on the number of supported devices permitted within your subscription and solely for your personal, non-commercial use and the personal, non-commercial use of the members of your household. If you have purchased One Third Stories Content for a school or other organization, please consult the Terms of Use for your school or organization. Unless indicated otherwise, you may not sell, rent, lease, distribute, broadcast, sublicense, share, or otherwise assign any right to the One Third Stories Content or any portion of it to a third party. You may not attempt to bypass, modify, or otherwise circumvent the digital rights management system or any other content protection features of the One Third Stories content or App.

5. Intellectual Property

You agree that all One Third Stories materials, products, and services provided are the property of One Third Stories, its affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property. You also agree that you will not reproduce or redistribute our intellectual property in any way, including electronic, digital, or new trademark registrations.

Users have no rights to reproduce and/or otherwise use any One Third Stories content in any manner for purposes of training artificial intelligence technologies to generate content, including without limitation, technologies that are capable of generating works in the same style or genre as any One Third Stories content. Nor does the user have the right to sublicense others to reproduce and/or otherwise use One Third Stories content in any manner for purposes of training Artificial Intelligence technologies to generate content.

6. Access, Renewal, and Termination

One Third Stories offers digital subscription plans and may also offer digital maintenance plans. These plans range from monthly to yearly plans and auto-renew at the end of the plan for a period equal to the original purchased plan unless otherwise noted at the time of purchase. By completing the checkout process for a subscription plan, you consent to recurring payments for the chosen plan’s duration. You will be charged automatically at the beginning of each renewal period until you cancel your subscription. The cost for all subscription and maintenance plans will be published at the time of purchase. We do not offer refunds or exchanges on purchases of digital content.

7. Information and User Accounts

The app provides information to third-party software that allows your content to be synchronized across your devices, including your email address, the last page read, and notes, as well as analytics such as time spent utilizing the app. This information may be stored on servers outside of your country. As the adult who registers to use the app or members-only areas of our website, you may be asked to provide private information such as your email address. By agreeing to our terms and conditions and completing the purchase of digital products, you acknowledge that you have read, understood, and agree to abide by these terms and conditions.

8. Feedback

You assign all rights, title, and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and exploit such Feedback without restriction.

9. Applicable Law and Disputes

By using this app, you agree that the laws of the state of New York without regard to principles of conflict laws will govern these Terms, or any dispute of any sort that might arise between One Third Stories and you, or its business partners and associates. Any dispute related to your use of this app or products you purchase from us shall be arbitrated by the state of New York or federal court, and you consent to the exclusive jurisdiction and venue of such courts.

10. Indemnification

You agree to indemnify One Third Stories and its affiliates and hold One Third Stories harmless against legal claims and demands that may arise from your use or misuse of our services. We reserve the right to select our own legal counsel.

11. Limitation of Liability

One Third Stories is not liable for any damages that may occur to you as a result of your misuse of our app.

12. Severance

If any of these Terms and Conditions should be determined to be invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction, then such Term or Condition shall be severed, and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

13. Contact Us

For questions about these Terms and Conditions, please contact [email protected].