T & C

STORY BUG WEBSITE TERMS OF USE
 
Welcome to Story Bug
If you continue to browse and use this website, you are agreeing to comply with and
be bound by the following terms and conditions of use, which together with our
Privacy Policy governs Story Bug's relationship with you in relation to this website. If
you violate any of the terms of these Terms of Use we may, without limitation, have
your access cancelled and you may be permanently banned from accessing,
viewing, browsing and using the website.
 

About These Terms

These Terms and Conditions (“Terms”) govern your access to and use of storybug.com and any related localized versions of the website (collectively, the “Website”), and your purchase or use of products and services offered under the Story Bug brand.

The Website and Story Bug business are operated by Personalized Story Group Inc., a Delaware corporation doing business as Story Bug (“Story Bug,” “we,” “us,” or “our”). “You” means any person who accesses the Website, creates an account, submits content, or purchases or uses our products or services.

By accessing the Website, creating an account, submitting an order, or otherwise indicating your acceptance, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Website or purchase our products.

You must be at least 18 years old, or the age of legal majority where you live, to place an order. If you use the Website on behalf of a business or another person, you represent that you have authority to bind that business or person to these Terms.

2. Changes to These Terms

We may update these Terms from time to time. The updated Terms will be posted on the Website with a revised effective date. Changes will apply prospectively unless applicable law requires otherwise. The Terms in effect when you place an order will generally govern that order.

3. Shopify Platform

Our online store is hosted on Shopify. Shopify provides the ecommerce platform that allows us to offer and sell our products and services. Shopify is not the seller of Story Bug products and is not responsible for our products, order fulfillment, customer service, returns, or these Terms.

Your use of certain Shopify-powered functionality, payment methods, or services may also be subject to terms and privacy notices provided by Shopify or the applicable payment provider.

4. Website Use and Limited License

Subject to these Terms, Story Bug grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Website for your personal, non-commercial use and to purchase our products.

You must not:

·         copy, reproduce, republish, distribute, sell, license, scrape, data-mine, or commercially exploit the Website or its content without our prior written permission;

·         interfere with the security, operation, or availability of the Website;

·         attempt to gain unauthorized access to any account, system, or network;

·         introduce malware, harmful code, automated bots, or excessive requests;

·         use the Website or our products for unlawful, fraudulent, abusive, or infringing purposes; or

·         use Story Bug content, artwork, characters, generated outputs, or other materials to train, develop, test, or improve an artificial intelligence or machine-learning model without our prior written permission.

We may suspend or terminate access to the Website if we reasonably believe you have breached these Terms or created a security, legal, or operational risk.

5. Accounts

You may be able to create an account to manage orders or use certain Website features. You must provide accurate and current information and keep your login credentials confidential. You are responsible for activity conducted through your account, except to the extent caused by our failure to use reasonable security measures.

Notify us promptly at hello@storybug.com if you believe your account has been accessed or used without authorization.

6. Product Information and Availability

We make reasonable efforts to describe and display our products accurately. However, colors and image appearance may vary because of screen settings, printing processes, paper, binding, production location, and the artistic nature of personalized products.

All products, features, formats, prices, promotions, and availability are subject to change. We may limit quantities, discontinue products, correct errors, or refuse or cancel an order where reasonably necessary, including for suspected fraud, pricing errors, unlawful content, production limitations, or delivery restrictions.

If we cancel an order after payment, we will refund the amount paid for the canceled portion.

7. Personalized Products and Customer Approval

Many Story Bug products are made specifically from the names, photographs, text, selections, and other information you provide. You are responsible for reviewing all available previews, spelling, grammar, names, dates, image placement, and other personalization details before submitting your order.

Once an order enters production, it may not be possible to change or cancel it. We are not responsible for errors contained in information or content approved or supplied by you, except where we failed to manufacture the product materially in accordance with the accepted order or preview.

A preview is a digital representation. Minor differences between the preview and finished product, including cropping, color, positioning, binding, and print variation, do not by themselves constitute a defect.

8. Customer Content and Photo Uploads

“Customer Content” means photographs, names, text, instructions, and other material you upload, submit, or provide to us in connection with the Website or a personalized product.

You retain any rights you hold in your original Customer Content. By submitting Customer Content, you grant Story Bug and its contracted service providers a non-exclusive, worldwide, royalty-free, sublicensable, and limited license to host, store, copy, transmit, crop, modify, process, reproduce, and otherwise use the Customer Content as reasonably necessary to:

·         create and display product previews and personalized artwork;

·         manufacture, fulfill, and deliver your order;

·         provide customer support, corrections, replacements, and reprints;

·         maintain the security and operation of our services;

·         comply with law and establish, exercise, or defend legal claims; and

·         undertake an additional use to which you have separately consented.

This license lasts only as long as reasonably necessary for those purposes, subject to our Privacy Policy, backup cycles, and legal retention requirements.

9. Your Authority and Content Standards

By submitting Customer Content, you represent and warrant that:

·         you own the Customer Content or have all rights and permissions required to submit and use it;

·         if a photograph depicts a child, you are the child’s parent or legal guardian, or you have permission from the child’s parent or legal guardian;

·         you have obtained any legally required permission from other identifiable people depicted in the Customer Content;

·         our use of the Customer Content as described in these Terms and our Privacy Policy will not infringe another person’s copyright, trademark, privacy, publicity, contractual, or other rights; and

·         the Customer Content is not unlawful, fraudulent, threatening, abusive, defamatory, obscene, sexually explicit, exploitative, discriminatory, or otherwise harmful or inappropriate.

You must not upload sexual or exploitative content involving a minor. We may reject, remove, or decline to process Customer Content that we reasonably believe violates these Terms, applicable law, or our safety requirements, and we may report content where required by law.

10. Image Processing and Generated Artwork

We use contracted technology and service providers to process Customer Content and create illustrations, avatars, previews, and other personalized artwork (“Generated Artwork”). Customer Content may be securely transmitted to and processed by those providers solely for the purposes described in our Privacy Policy and subject to applicable contractual confidentiality, security, and data-processing requirements.

Story Bug does not authorize its contracted image-processing providers to use Customer Content submitted through the services to train or improve their general-purpose or foundation artificial intelligence models.

Generated Artwork is created using automated and artistic processes. It may not be an exact reproduction of the person or photograph provided. Facial characteristics, hair, skin tone, clothing, colors, positioning, and other details may vary. You should review the available preview before ordering.

You are responsible for reviewing the available preview and determining whether the Generated Artwork is suitable before submitting your order. Generated Artwork may contain visual inaccuracies or unexpected variations resulting from the Customer Content or automated image-processing process.

You retain your rights in the original photograph and other Customer Content. Story Bug and its licensors retain their respective rights in the underlying book designs, stories, illustrations, characters, templates, layouts, branding, software, production methods, and other pre-existing materials.

Subject to those underlying rights and these Terms, you may use the finished personalized product and any Generated Artwork supplied to you for personal, non-commercial purposes. No ownership of Story Bug’s underlying intellectual property is transferred to you.

We will not use an uploaded photograph or a person’s identifiable likeness in public advertising, promotional materials, social media content, or marketing directed to other customers unless separate permission has been obtained. Optional personalized marketing shown or sent to you will be handled as described in our Privacy Policy and any consent presented to you.

11. Privacy and Retention

Our collection, use, sharing, international processing, retention, and deletion of personal information, including photographs and Generated Artwork, are described in our Privacy Policy.

Deletion of an original photograph does not necessarily result in the immediate deletion of Generated Artwork, order records, production files, or secured backup copies. We may retain limited information for customer service, replacements, fraud prevention, accounting, legal compliance, or the establishment, exercise, or defense of legal claims.

You may contact us at hello@storybug.com to exercise an applicable privacy right. Some information may be retained where required or permitted by law.

12. Orders and Contract Formation

Your submission of an order is an offer to purchase the products in the order. An automated order confirmation acknowledges receipt but does not necessarily constitute acceptance. We accept your order when we begin production, dispatch the product, or otherwise expressly confirm acceptance.

We may decline or cancel an order before acceptance. Reasons may include unavailable products, inaccurate pricing, payment failure, suspected fraud, prohibited Customer Content, delivery restrictions, or an error in product or order information.

You must provide complete and accurate billing, shipping, contact, and personalization information. You are responsible for additional costs caused by inaccurate information you supply, to the extent permitted by law.

13. Prices, Currency, Taxes, and Payment

Prices are displayed in the currency selected or shown on the applicable localized Website. Prices, discounts, and promotions may differ by country and may change without notice before an order is placed.

Applicable taxes and shipping charges will be displayed at checkout where reasonably practicable. You are responsible for customs duties, import taxes, brokerage charges, or similar governmental charges not collected by us at checkout, unless we state otherwise.

You authorize us and our payment providers to charge the payment method selected at checkout for the total amount of your order. Payment information is processed by third-party payment providers and may be subject to their terms.

If a pricing or calculation error is discovered, we may contact you for instructions or cancel and refund the affected order.

14. Promotions and Discount Codes

Promotions and discount codes are subject to their stated terms, expiration dates, product and geographic restrictions, and availability. Unless stated otherwise, promotions cannot be combined, exchanged for cash, or applied retrospectively. We may cancel or refuse a promotion that is used fraudulently, unlawfully, or contrary to its terms.

15. Production, Shipping, and Delivery

Production and delivery dates are estimates unless we expressly guarantee a date in writing. Delivery may be affected by carrier delays, customs, weather, peak demand, incorrect addresses, and events outside our reasonable control.

Risk of loss and title to physical products pass as provided by applicable law and the selected shipping arrangement. You should notify us promptly if an order is lost, damaged, or materially delayed.

If a package is returned because of an incorrect or incomplete address, refusal, non-collection, or another circumstance attributable to the recipient, additional production or shipping charges may apply before we resend it.

16. Cancellations, Returns, Replacements, and Refunds

Because personalized products are made specifically for you, cancellation or alteration may not be possible after production begins. Contact us promptly at hello@storybug.com if you need assistance.

If a product is faulty, damaged, or materially different from the accepted order or approved preview due to our error, notify us within 90 days after receiving it. We may request photographs or other reasonable information and will aim to repair, replace, reprint, or refund the affected product as appropriate. We may extend this notification period during peak holiday periods.

Returns of non-faulty products require our prior approval. Unless applicable law provides otherwise, you are responsible for return shipping, and a restocking and administration fee of up to 10% may apply. Personalized products may be ineligible for change-of-mind returns.

Any additional return or refund terms displayed in our Returns or Refund Policy are incorporated into these Terms. Nothing in these Terms limits a mandatory consumer right or remedy that cannot lawfully be excluded.

17. Intellectual Property

The Website and its content, including stories, text, illustrations, photographs, graphics, characters, logos, product names, designs, page layouts, software, code, audio, video, and compilations, are owned by or licensed to Story Bug and are protected by U.S. and international intellectual-property laws.

“Story Bug” and associated names, logos, and brand elements are trademarks or other protected property of Story Bug or its licensors. Except for the limited rights expressly granted in these Terms, no license or right is granted to you by implication, estoppel, or otherwise.

18. Feedback and Suggestions

If you voluntarily submit product ideas, feedback, or suggestions that are not Customer Content used to personalize your order, you grant Story Bug a perpetual, irrevocable, worldwide, royalty-free, transferable, and sublicensable right to use, reproduce, modify, distribute, and otherwise exploit that feedback without restriction or compensation. Do not submit confidential ideas or material you expect us to treat as proprietary.

19. Third-Party Services and Links

The Website may contain links to, integrations with, or functionality supplied by third parties, including Shopify, payment providers, carriers, social networks, and other service providers. We do not control and are not responsible for third-party websites, products, terms, privacy practices, or availability. Your dealings with a third party are between you and that third party, subject to applicable law.

20. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” STORY BUG DISCLAIMS ALL WARRANTIES NOT EXPRESSLY STATED IN THESE TERMS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR FREE OF HARMFUL COMPONENTS. THIS DISCLAIMER DOES NOT EXCLUDE WARRANTIES OR RIGHTS THAT CANNOT LAWFULLY BE EXCLUDED.

21. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PERSONALIZED STORY GROUP INC. AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THE WEBSITE, PRODUCTS, OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO A PRODUCT, ORDER, OR USE OF THE WEBSITE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US FOR THE PRODUCT OR ORDER GIVING RISE TO THE CLAIM OR (B) US$100.

Some jurisdictions do not permit certain warranty exclusions or limitations of liability. In those jurisdictions, these provisions apply only to the maximum extent permitted by law. Nothing in these Terms limits liability that cannot lawfully be limited, including liability for fraud, willful misconduct, or personal injury caused by negligence where applicable.

22. Indemnification

To the maximum extent permitted by law, you agree to indemnify and hold harmless Personalized Story Group Inc. and its affiliates, officers, directors, employees, and agents from third-party claims, liabilities, damages, judgments, losses, and reasonable costs arising from your unlawful use of the Website, your Customer Content, your breach of Sections 8 or 9, or your infringement of another person’s rights. This obligation does not apply to the extent a claim was caused by our own breach, negligence, or willful misconduct.

23. Governing Law and Venue

These Terms and any dispute arising out of or relating to them, the Website, or our products are governed by the laws of the State of Delaware, United States, without regard to conflict-of-laws principles. The state and federal courts located in the State of Delaware will have exclusive jurisdiction, and you consent to their personal jurisdiction.

If you are a consumer, this choice of law and venue does not deprive you of mandatory protections or rights available under the laws of the place where you ordinarily reside that cannot be waived by contract.

24. Dispute Resolution and Class Action Waiver

Before filing a legal claim, you and Story Bug agree to attempt in good faith to resolve the dispute by sending written notice describing the issue and requested resolution. Notices to Story Bug must be sent to hello@storybug.com and the postal address listed below. If the dispute is not resolved within 30 days after receipt of the notice, either party may pursue available legal remedies.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND STORY BUG AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE ACTION.

This section does not prevent either party from seeking relief in an eligible small-claims court or requesting urgent injunctive relief where appropriate. The class-action waiver should be reviewed for enforceability under the law selected in Section 23 before publication.

25. Compliance with Law

You are responsible for complying with laws applicable to your use of the Website and our products. You must not use the Website or provide Customer Content in violation of applicable sanctions, export controls, privacy laws, intellectual-property laws, or laws protecting children.

26. Electronic Communications

You consent to receive order confirmations, receipts, service messages, policy notices, and other transactional communications electronically. Marketing communications are governed by our Privacy Policy and applicable consent and unsubscribe requirements.

27. Force Majeure

We are not liable for delay or failure caused by events beyond our reasonable control, including natural disasters, severe weather, war, terrorism, civil unrest, labor disputes, epidemics, government action, utility or internet failures, carrier disruption, supplier failure, or interruption to production facilities. This section does not affect any mandatory refund or consumer right.

28. General Terms

If any provision of these Terms is held invalid or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law.

Provisions that by their nature should continue after termination or expiration will survive, including provisions concerning intellectual property, Customer Content, payments, disclaimers, limitations of liability, indemnification, dispute resolution, and governing law.

Nothing in these Terms creates a partnership, joint venture, agency, employment, fiduciary, or franchise relationship between you and Story Bug. Except as expressly stated, these Terms do not grant rights to any third-party beneficiary.

These Terms, together with our Privacy Policy and any policies or terms expressly incorporated by reference, constitute the entire agreement between you and Story Bug regarding their subject matter. Headings are for convenience only. The words “including” and “includes” mean “including without limitation.”

29. Contact Information

Personalized Story Group Inc.
Doing business as Story Bug

United States
Email: hello@storybug.com
Website: www.storybug.com