1. Agreement to Terms
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Kindred Tales LLC (“Company”, “we”, “us”, or “our”), concerning your access to and use of the kindredtales.net website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You accept these Terms of Use, and the Privacy Policy incorporated into them by reference, by taking any of the following actions, each of which is presented together with a statement that the action constitutes your agreement to these Terms of Use and the Privacy Policy: (a) as a buyer, by completing a purchase through our checkout; (b) as an author, by claiming a book made for you, or by continuing past the first screen shown to you after you sign in; (c) as a co-author, contributor, helper, observer, or other invited participant, by accepting an invitation to join a book; and (d) as a guest contributor, by sending a story, photograph, or other material through a contribution link. We record the date and time of each such acceptance, the capacity in which it was given, and the version of these Terms of Use, identified by its “Last updated” date, in effect at that time. No individual accepts these Terms of Use on behalf of another individual: a buyer does not accept for an author or for anyone invited to a book, and each person accepts for themselves in the capacity in which they use the Site. Where you accept on behalf of an entity, you represent that you have the authority to bind that entity, and these Terms of Use bind the entity as well as you. If you access or use the Site without taking one of the actions above, these Terms of Use nevertheless govern that access and use, and by accessing the Site you agree to be bound by them. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
2. Intellectual Property Rights
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a watermarked copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
3. User Representations
By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
4. User Registration
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
We reserve the right to require users to update their initially registered passwords as necessary to ensure the security of our site, its policies, and end-user data.
5. Fees and Payment
We accept the following forms of payment:
- Visa
- Mastercard
- American Express
- Discover
You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.
You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. Our products are sold as one-time purchases: you pay once for the edition, service period, and any add-ons shown at checkout, and we do not charge your payment method again unless you place a new order. If we ever offer a product with recurring charges, we will say so clearly before you buy, tell you how to cancel, and obtain your consent to the recurring charge at that time.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.
6. Service Period, Promotions, and Trials
Each purchase includes the service period described at checkout, which begins when the purchase is made or, for a gift, when the recipient sets up their account. We may from time to time offer promotions, complimentary access, or trials. The terms of any promotion or trial, including what it includes, how long it lasts, and what, if anything, happens when it ends, are stated when it is offered. Promotions and trials are offered at our discretion, and we do not guarantee that any will be available at a given time. A trial never converts into a charge without your express agreement.
7. Cancellation
Change your mind within 30 days and we refund your purchase in full, as long as no book has been printed. Printing begins when a book is submitted to our printer, and the refund window closes then. The details, including the date the 30 days run from, are in the “Description of Service; Printing, Proofs, and Shipping” section below and in our Cancellation Policy at kindredtales.net/cancellation_policy. You may stop using the service at any time; to close your account, contact us through our contact form at kindredtales.net/contact.
8. Prohibited Activities
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Use any information obtained from the Site in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Site in a manner inconsistent with any applicable laws or regulations.
Use our email services for illegal or other unintended purposes.
Engage in unauthorized framing of or linking to the Site.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Site.
Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Violate the copyright of others
Use the Site for data storage, beyond its intended commercial purpose.
Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
Sell or otherwise transfer your profile.
Use the Site to advertise or offer to sell goods and services.
Use any form of notification or communication platform other than for its intended purpose
9. User-Generated Contributions
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit of this nature may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
We will use your Contributions (including your stories, quotes, photos, interviews, feedback, and reviews) in our marketing, advertising, social media, or promotional content only with your separate, opt-in consent.
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.
9A. Books Written With Other People, and Books About Someone Else
A Kindred Tales book is often a group effort. One person may buy the service as a gift (the “buyer”), another may write the stories (the “author”), others may be invited to write alongside the author or to add stories of their own (“co-authors” and “contributors”, including guests who contribute without creating an account), and a Celebration or memorial book may be organized by one person (the “organizer”) and be about another person entirely (the “subject”). These Terms apply to everyone who uses the Site in any of these roles, and each person is responsible for what they themselves contribute. The “book owner” is the person whose account controls the book: they manage invitations, editing, submission for printing, and deletion. The buyer keeps the payment and refund rights for their own purchase.
Your own contributions. Each author, co-author, contributor, and guest is responsible for the stories, photographs, recordings, and other material they add, makes the representations in the “User-Generated Contributions” section about that material, and grants us the license in the “Contribution License” section for it. A person who contributes to a book that someone else owns does not gain ownership of the book or of other people’s contributions. When you contribute to a book someone else owns, you give that owner permission to include your contribution in the book, to edit it for length, spelling, and layout, and to leave it out, and you agree not to assert moral rights in it against the owner or us, to the extent the law allows.
Inviting others. If you invite someone to write in or contribute to a book, you confirm that you have a genuine relationship that makes the invitation appropriate and that you will not use invitations to harass, spam, or mislead anyone. If you share someone else’s contact details with us, you confirm that you have their permission or another lawful basis to do so, as described in our Privacy Policy.
Books about someone else. If you set up a book about another person, whether a living honoree, a couple, or someone who has passed away, you confirm that you have the authority or consent needed to name them, to collect stories about them, and to use their name, likeness, and photographs in a book. Contributors to such a book confirm the same for what they add. We rely on you for this, because you know these relationships and we do not. If the subject of a book, or a close family member of a subject who has passed away, tells us they object to a book or to particular content, we may remove the content or pause the book while we look into it, and we may decline to print it. We do not mediate family disagreements or decide who is right; our role is limited to the steps described here.
Guests who never create an account. A person who contributes to a book without creating an account is asked to agree to these Terms and to our Privacy Policy before their contribution is submitted, and by submitting it they agree to both. Their contribution is owned by them, licensed to us under the “Contribution License” section, and may be included in the book by the book’s owner as described above.
10. Contribution License
By posting your Contributions to any part of the Site designated for Contribution, opting in to share a given contribution through our interface, or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you grant, and you represent and warrant that you have the right to grant, to us a non-exclusive, worldwide, royalty-free, fully-paid license to host, use, copy, reproduce, store, cache, back up, reformat, translate, excerpt (in whole or in part), publicly display, and create derivative works of such Contributions, and to authorize our service providers (such as print, fulfillment, hosting, audio, and AI providers) to do the same on our behalf, in each case solely as needed to operate, provide, improve, and support the Site and to create and deliver the products and services you request. This includes the right to print, bind, and ship your book, to produce any audiobook or ebook you order, and to display your Contributions to you and to the collaborators you invite. This license is granted for so long as we retain your Contributions in accordance with our Privacy Policy and applicable law, and it ends when your Contributions are deleted in the ordinary course, except for residual copies retained in backups or as required by law. We will not use your Contributions, or your stories, quotes, name, image, or voice, for marketing, advertising, or promotional purposes except with your separate, opt-in consent, as described in our Privacy Policy.
This license applies to any form, media, or technology now known or later developed, and includes using your name and the photographs and other images you provide as needed to create, produce, and deliver your book and the products and services you request, for example by printing your name and photographs inside your book. We will use your name, likeness, or images in marketing, advertising, or promotional content only with your separate, opt-in consent. You agree that we may make the formatting, layout, and technical changes needed to produce and print your book; we will not change the substance of your stories without your involvement.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
11. Guidelines for Reviews
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
12. Social Media
As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
13. Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
14. Advertisers
We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
15. U.S. GOVERNMENT RIGHTS
Our services are “commercial items” as defined in Federal Acquisition Regulation (“FAR”) 2.101. If our services are acquired by or on behalf of any agency not within the Department of Defense (“DOD”), our services are subject to the terms of these Terms of Use in accordance with FAR 12.212 (for computer software) and FAR 12.211 (for technical data). If our services are acquired by or on behalf of any agency within the Department of Defense, our services are subject to the terms of these Terms of Use in accordance with Defense Federal Acquisition Regulation (“DFARS”) 227.7202‑3. In addition, DFARS 252.227‑7015 applies to technical data acquired by the DOD. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses government rights in computer software or technical data under these Terms of Use.
16. Site Management
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
17. Privacy Policy
We care about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.
18. Copyright Infringements
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes a copyright you own or control, please notify us (a “Notification”) through our contact form at kindredtales.net/contact or by mail at the address in the “Contact Us” section below. To be effective, your Notification should include: (1) your physical or electronic signature; (2) identification of the copyrighted work you believe has been infringed; (3) identification of the material you believe is infringing and enough information for us to locate it, such as the book or page it appears on; (4) your name, address, telephone number, and email address; (5) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (6) a statement, made under penalty of perjury, that the information in your Notification is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.
When we receive a complete Notification we will, in our reasonable judgment and as promptly as the law requires, remove or disable access to the material identified in it, and we will tell the person who contributed it what was removed and why and give them the information they need to respond. That person may send us a counter-notification containing: (1) their physical or electronic signature; (2) identification of the material that was removed and where it appeared before removal; (3) a statement, under penalty of perjury, that they have a good-faith belief the material was removed by mistake or misidentification; and (4) their name, address, and telephone number, and a statement that they consent to the jurisdiction of the federal court for their district (or, if outside the United States, any district in which we may be found) and that they will accept service from the person who sent the Notification or that person’s agent. If we receive a valid counter-notification we will forward it to the original complainant and may restore the material in ten to fourteen business days unless we are told that a court action has been filed. We have adopted, and will reasonably enforce, a policy of closing, in appropriate circumstances, the accounts of people who repeatedly infringe the rights of others.
Please be aware that under applicable law you may be held liable for damages if you make material misrepresentations in a Notification or counter-notification. If you are not sure whether material on the Site infringes your copyright, you may wish to speak with an attorney first.
19. Term and Termination
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Notwithstanding the foregoing, with respect to paid orders and the personalized book content associated with them, we will not delete your purchased deliverables or the underlying story content without first providing you reasonable advance notice and a reasonable opportunity to export or download that content. This notice-and-export commitment does not apply, and we may suspend access, terminate, or delete content without advance notice, where we reasonably believe such action is necessary to address fraud, abuse, a violation of these Terms of Use, a security or safety risk, or to comply with applicable law, legal process, or the request of a governmental authority.
20. Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
21. Governing Law
These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Minnesota applicable to agreements made and to be entirely performed within the State of Minnesota, without regard to its conflict of law principles.
22. Dispute Resolution
Notice of Dispute
Before either of us starts arbitration or a court case, we agree to try to work it out. If you have a Dispute with us, tell us through our contact form at kindredtales.net/contact or by mail at the address in the “Contact Us” section, describing the problem and what you would like us to do. If we have a Dispute with you, we will write to the email address on your account. Each of us then has 60 days from the day the notice is received to resolve the Dispute informally before arbitration or a court case may begin. Any time limit for bringing a claim is paused during those 60 days.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. If you are an individual using the Site for personal, family, or household purposes, the arbitration will be conducted under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”), and otherwise under the AAA’s Commercial Arbitration Rules; both are available at www.adr.org. Your filing fees and your share of arbitrator compensation are limited by the AAA Consumer Rules, and we will pay any filing, administrative, and arbitrator fees above the consumer share set by those rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online; if you ask for an in-person hearing, it will take place in the county where you live or another location we agree on. The arbitrator will make a decision in writing and will give a statement of reasons if either Party requests one. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
22A. Your Right to Opt Out of Arbitration
You may opt out of the arbitration agreement and the class-action waiver in the “Dispute Resolution” section within 30 days after you first accept these Terms, or within 30 days after the version of these Terms that added this right takes effect (the “Last updated” date shown above), whichever is later, by telling us through our contact form at kindredtales.net/contact or by mail at the address in the “Contact Us” section. Include your name, the email address on your account, and a statement that you are opting out of arbitration. Opting out has no effect on any other part of these Terms, and we will not treat you differently for doing so.
22B. Small Claims and Canadian Residents
Either Party may bring an individual claim in small-claims court in the county where you live, or in Minnesota, instead of arbitration, as long as the claim stays within that court’s limits. If you live in Canada and use the Site for personal, family, or household purposes, the arbitration agreement, the class-action waiver, and the one-year limit on claims in the “Dispute Resolution” section do not apply to you; you may bring a claim in the courts of the province where you live, and where the law of your province must apply to a consumer contract, it does. Nothing in these Terms takes away a right you cannot waive under the consumer-protection law of your province.
If for any reason, a Dispute proceeds in court rather than arbitration, then except where the “Small Claims and Canadian Residents” section gives you the right to sue where you live, the Dispute shall be commenced or prosecuted in the state and federal courts located in Minnesota, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.
To the extent permitted by applicable law, any Dispute brought by either Party related in any way to the Site must be commenced within one (1) year after the cause of action arose; where the law of your state or province sets a longer period that cannot be shortened by agreement, that period applies. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. A court, not the arbitrator, decides whether this class-action waiver is enforceable. If it is found unenforceable as to a particular claim, that claim will be decided in court and not in arbitration, and the rest of the “Dispute Resolution” section continues to apply.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Dispute seeking to enforce or protect, or concerning the validity of, the intellectual property rights of a Party; (b) any claim for injunctive or other equitable relief to stop unauthorized use or abuse of the Site; and (c) small-claims matters and claims by consumers who live in Canada, as described in the “Small Claims and Canadian Residents” section. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
23. Corrections
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
24. Disclaimer
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
25. Limitations of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE TOTAL AMOUNT PAID BY YOU TO US DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR $100.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. Nothing in this section limits our liability for fraud, gross negligence, or willful misconduct, for death or personal injury caused by our negligence, or for anything else that the law does not allow us to limit, and nothing in it limits the refund, reprint, or replacement promises we make elsewhere in these Terms.
26. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve 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, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
27. User Data
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
28. Electronic Communications, Transactions, and Signatures
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
29. California Users and Residents
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
30. Accuracy of Materials
The materials appearing on Kindred Tales’ websites & blogs could include technical, typographical, or photographic errors. Kindred Tales does not warrant that any of the materials on its website are accurate, complete, or current. Kindred Tales may make changes to the materials contained on its website at any time without notice. However, Kindred Tales does not make any commitment to update the materials.
31. Miscellaneous
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
Language. You and we have expressly agreed that these Terms and all related documents are written in English. Vous et nous avons expressement convenu que les presentes conditions et tous les documents qui s’y rattachent soient rediges en anglais.
32. AI-Assisted Features
The Site offers optional artificial-intelligence features, including an AI biographer (“Ali”) that can suggest interview questions and generate draft chapters from the story content you provide. These AI features are turned off by default, are made available only after you affirmatively enable and consent to them, and you may choose not to use them at all. The Site does not require you to use any AI feature to create your book.
AI-generated questions, suggestions, and drafts are provided to you as tools and starting points only. They may be inaccurate, incomplete, outdated, or otherwise unsuitable, and they may not reflect the facts of your life or the lives of the people described. You are solely responsible for reading, reviewing, correcting, and approving all content before it is finalized, ordered, or sent to print. We do not review AI-generated content for accuracy, and we are not responsible for errors, omissions, or inaccuracies in any AI-generated content that you choose to adopt or submit.
When you enable an AI feature, the story content you submit to that feature is transmitted to and processed by third-party AI service providers in order to generate the requested output, as further described in our Privacy Policy. Your use of AI features is subject to that Privacy Policy, which is incorporated into these Terms of Use. As between you and us, you retain ownership of the chapter content and other Contributions that result from your use of the AI features, subject to the license you grant in the “Contribution License” section above.
THE AI FEATURES AND THEIR OUTPUT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO WARRANTY OF ANY KIND THAT ANY AI-GENERATED OUTPUT IS ACCURATE, RELIABLE, COMPLETE, ORIGINAL, NON-INFRINGING, OR FIT FOR ANY PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. YOUR USE OF, AND RELIANCE ON, ANY AI-GENERATED OUTPUT IS AT YOUR OWN RISK.
33. Description of Service; Printing, Proofs, and Shipping
Our core consumer product is a one-time purchase. It includes a guided story-capture experience, typically delivered over a prompt window of approximately one (1) year, and the production and shipment of a printed hardcover book created from the content you and any invited contributors supply. Optional add-ons, including audio or narration features (“Listen”), additional hardcover copies, and international shipping, are offered separately and are priced separately, as described at the time of purchase. Payment, service period, promotion, and cancellation terms are in the “Fees and Payment,” “Service Period, Promotions, and Trials,” and “Cancellation” sections above.
Each book is made to order and personalized from your content. You are responsible for the accuracy, spelling, grammar, completeness, and appropriateness of all content you supply, including names, dates, photographs, captions, and other materials. Where we make a proof, preview, or other opportunity to review available before printing, you are responsible for reviewing and approving the book, and your approval (or your failure to request changes within any stated review period) authorizes us to proceed to print. We are not responsible for errors, typographical mistakes, omissions, low-resolution images, or other defects that originate in the content you supplied or in a proof you approved. We may decline to print material that violates the “Prohibited Activities” or “User-Generated Contributions” sections, that we reasonably believe is unlawful, or that our print vendor refuses to produce. If we decline to print a book for one of these reasons, we will tell you why in general terms and refund the price of that printed book as shown on your order or, if the printing was included in a larger purchase, a fair share of what you paid for it.
Production and shipping timeframes are estimates only and are not guarantees. Printing and delivery are carried out with the assistance of third-party print and fulfillment vendors, and we are not responsible for delays caused by carriers, customs, or other parties outside our reasonable control. If a book is lost or damaged in transit, we will make it right as described below. Title and risk of loss for printed books pass to you when the books are delivered to you. Customs duties, import taxes, and similar charges, where applicable, are your responsibility.
30-Day Money-Back Guarantee. Change your mind within 30 days and we refund your purchase in full, as long as no book has been printed. The 30 days run from the date of purchase, and the guarantee applies to every book type. Once a book has been submitted for printing, the purchase is no longer eligible for this guarantee, and the printing and shipping of that book are fulfillment of an order already placed. We may decline a refund where the AI features have been misused in violation of the “Prohibited Activities” section. Any AI Biographer or transcription balance is handled as described in our Cancellation Policy. To request a refund, contact our support team through our contact form at kindredtales.net/contact. If we issue a refund under this guarantee, the service entitlements associated with your purchase end as of the refund.
Because each book is personalized and made to order, printed books are generally not eligible for return, exchange, or refund for buyer’s remorse, change of mind, or content errors that originate with you. This does not limit your rights under the “Fees and Payment” section or any satisfaction guarantee we expressly offer, including the digital-service guarantee above. We stand behind the quality of our manufacturing: if your book arrives with a manufacturing defect or is damaged in transit, contact us within thirty (30) days of delivery and we will reprint or replace it, or refund what you paid for it, whichever we think is the right fix, and we will tell you which. Nothing in this section limits any non-waivable rights you may have under applicable consumer-protection law.
34. Contact Us
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Our contact form: kindredtales.net/contact
or
Kindred Tales LLC
PO Box 781
Wyoming MN, 55092