Date of Last Revision: February 19, 2013
Not happy about a book or subscription you purchased? Are you having technical difficulties that can’t be resolved by our Frequently Asked Questions or by contacting us via e-mail or phone? If so, you can return a book or subscription within seven (7) days of purchase for a full refund.
Date of Last Revision: February 19, 2013
Date of Last Revision: February 19, 2013
A Story Before Bed collects the e-mail address you provide when you register with the service or if you communicate with us via e-mail. If you recommend the service to a friend, we do not retain their e-mail address unless they register with the service. If you record a book, we collect the information volunteered by you during that process and may store that recording indefinitely. Additionally, we collect the IP address of visitors to the web site and users of the mobile application. We also collect anonymous information, such as what pages and screens consumers access or visit, and/or information volunteered by the consumer, such as registration and survey information.
The information we collect is used for internal review and is then either discarded or used for other purposes relating to the operation of the service, such as to improve or customize the content or design of our web site and mobile application. E-mail addresses are used by consumers to log in to the service and by us to contact consumers about reminders and updates to our service. E-mail addresses are retained by Jackson Fish Market, LLC for the purpose of conducting the business of the A Story Before Bed service and are not transferred to third parties or advertisers. On occasion we may hire others to assist in the operation of our service and those parties may have access to e-mail addresses, but only for the purpose of conducting the business of this service.
We provide information to book publishers regarding the usage of the content they provide for the service. This information includes anonymous, aggregate statistics on book viewing, recording, and purchasing. Unless opted-in by the consumer, we do not provide personal information, such as e-mail addresses, to publishers.
It is possible that our practices will change at some time in the future. If they do, we will post the policy changes to our web site and mobile application. If you are concerned about how your information is used, you should check our web site and mobile application periodically.
If at any time you wish to discontinue the service or desire that we delete your personal information, e-mail us at firstname.lastname@example.org.
Upon request we offer consumers the ability to have inaccuracies corrected in contact information. Consumers can have this information corrected by e-mailing us at email@example.com.
With respect to security, we have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you with our service. If you feel that this service is not following its stated information policies, please e-mail us at firstname.lastname@example.org or write to us at our postal address.
Jackson Fish Market, LLC is located in Seattle, Washington, USA. Our postal address is 1425 Broadway #448, Seattle, WA USA 98122 and we can be reached via e-mail at email@example.com. All data collected with our service (described above) will be stored on servers in the United States.
This service and all its contents are Copyright © 2013 Jackson Fish Market, LLC.
Jackson Fish Market, Jackson Fish, the Jackson Fish logo, A Story Before Bed and the A Story Before Bed logo are trademarks of Jackson Fish Market LLC.
Date of Last Revision: February 19, 2013
- The stories you record are for your personal use and enjoyment. You’re not allowed to try to make money off of them.
- We worked hard on the site so please treat it respectfully.
- The creators worked hard on their books so please treat them respectfully.
In other words, be cool and have fun. :)
If you have any question regarding the use of the Apps, please refer first to the the Frequently Asked Questions. All other questions or comments about the use of the Apps or its contents should be directed to firstname.lastname@example.org.
1. Description of Service
2. Coupon Codes
You may utilize valid coupon codes for the purchase of the Service, provided that all conditions set forth in the coupon are met. However, JFM reserves the right to cancel and invalidate coupon codes at any time and for any reason. Coupon codes are transferable, except as otherwise specifically stated in the coupon.
3. Return Policy
If you are unsatisfied with your User Recording, we will gladly accept the return of any User Recording for any reason within seven (7) days of creation of such User Recording (the “Return Period”). Upon completion of the return process, your access to the User Recording will be disabled, and we will issue you a refund of the Service Fee paid for creating such User Recording.
5. Rights in App Content and User Recordings
Unless otherwise indicated in the Apps, the Apps and all content and other materials within the Apps, including, without limitation, the stories, artwork, recordings, music, designs, text, graphics, pictures, video, information, messages, submissions, postings, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “App Content”) are the proprietary property of JFM or its licensors or users and are protected by U.S. and international copyright laws. You retain all right, title and interest, including all copyright, trademark and other proprietary rights, in and to any User Content (as defined in Section 14 below) that you incorporate into any User Recordings or post in the Apps. JFM and its licensors retain all right, title and interest, including all copyright, trademark and other proprietary rights, in and to (a) the stories contained in the Apps and all cover art and other images and content relating to such stories (the “Story Content”); (b) the User Recordings you create other than any User Content incorporated therein; and © all other App Content, except for any User Content.
You hereby grant JFM and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to store, reproduce, distribute, perform, display, adapt, modify, publish, create derivative works of or otherwise use the User Content you post to the Apps or incorporate into any User Recordings to the Apps as JFM deems necessary or appropriate in connection with providing the Service and the Apps. You also grant JFM the right to use your name, likeness, voice and personal as captured in the User Recordings you create for use in connection with providing the Apps and the Service. JFM will not reproduce, distribute, perform, display or otherwise use the User Recordings you create without your express consent, other than in connection with providing you the Service.
Except as otherwise expressly provided herein or in the Apps, the foregoing licenses from JFM do not include: (a) any resale or commercial use of the Apps, the App Content or the User Recordings; (b) the distribution, public performance or public display of any App Content or User Recordings, © modifying or otherwise making any derivative uses of the Apps and the App Content, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than page caching by a web browser) of any portion of the Apps, the App Content or any information contained therein, except as expressly permitted in the Apps; or (h) any use of the Apps, the App Content or the User Recordings, other than for its intended purpose.
7. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, JFM has adopted a policy of terminating, in appropriate circumstances and at JFM’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. JFM may also at its sole discretion limit access to the Apps and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
8. Copyright Complaints
If you believe that anything in the Apps infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to Receive Notification of Claimed Infringement: Hillel Cooperman
Full Address of Designated Agent to Which Notification Should be Sent: 1425 Broadway #448, Seattle, WA 98122
Telephone Number of Designated Agent: 1-888-947-8679
E-Mail Address of Designated Agent: email@example.com
Please see 17 U.S.C. §512©(3) for the requirements of a proper notification. Please note that the information provided in your notification, including any personal information contained therein, may be forwarded to the person who has provided the allegedly infringing content, and your sending us such notification constitutes your consent to share this information with the alleged infringer. Your notification may also be posted for public viewing, and your sending us such notification constitutes your consent to make its content publicly available.
A STORY BEFORE BED, JACKSON FISH MARKET, the JFM logos and any other product or service name or slogan contained in the Apps are trademarks of JFM and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of JFM or the applicable trademark holder. You may not use any meta-tags or any other “hidden text” utilizing “JFM” or any other name, trademark or product or service name of JFM without our prior written permission. In addition, the look and feel of the Apps, including all headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of JFM and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Apps are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You may not use a JFM logo or other proprietary graphic of JFM to link to the Apps without the express written permission of JFM. Further, you may not inline link or use framing techniques to link to the Apps or any portion thereof, including any JFM trademark, logo or other proprietary information, images or videos found in the Apps, the content of any text or the layout/design of any page or form contained on in the Apps without JFM’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of JFM or any third party.
JFM makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Apps, or Web sites linking to the Apps. Such sites are not under the control of JFM and JFM is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. JFM provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by JFM of any site or any information contained therein. When you leave the Apps, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Apps.
11. Third Party Content
JFM may provide third party content in the Apps and may provide links to Web pages and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. JFM does not monitor or have any control over any Third Party Content or third party Web sites. JFM does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. JFM does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
12. Advertisements and Promotions; Third-Party Products and Services
JFM may run advertisements and promotions from third parties in the Apps or may otherwise provide information about or links to third-party products or services in the Apps. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. JFM is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-JFM advertisers or third party information in the Apps.
13. User Content
You agree not to incorporate into any User Recordings or otherwise post, upload, transmit, share or otherwise publish through the Apps any of the following:
a) Messages, materials, data, information, text, music, sound, photos, video, graphics, code or other items or contents in the Apps (“User Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, offensive, fraudulent or otherwise objectionable;
b) User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
c) User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
d) User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
e) Unsolicited promotions, political campaigning, advertising or solicitations;
f) Private information of any third party, including, without limitation, addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers;
g) Viruses, corrupted data or other harmful, disruptive or destructive files; and
h) User Content that, in the sole judgment of JFM, is objectionable or which may expose JFM or its users to any harm or liability of any type.
14. Registration Data; Account Security
In consideration of your use of the Apps, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms in the Apps (“Registration Data”); (b) maintain the security of your password and identification; © maintain and promptly update the Registration Data, and any other information you provide to JFM, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to JFM.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY JFM, THE APPS, THE APP CONTENT CONTAINED THEREIN (INCLUDING ALL USER RECORDINGS, STORY CONTENT AND USER CONTENT) AND THE SERVICE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. JFM DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. JFM DOES NOT REPRESENT OR WARRANT THAT THE APPS, THE APP CONTENT, THE USER RECORDINGS OR THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. JFM DOES NOT REPRESENT OR WARRANT THAT THE APPS OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
JFM IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE JFM ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE APPS AND THE SERVICE SAFE, JFM CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE APPS OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
JFM reserves the right to change any and all content contained in the Apps and any Services offered through the Apps at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by JFM.
17. Limitation of Liability
IN NO EVENT SHALL JFM, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE APPS, THE SERVICE, THE APP CONTENT, THE USER RECORDINGS OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE APPS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM JFM, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO JFM’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF JFM, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE APPS, THE SERVICE, THE APPS OR THE USER RECORDINGS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO JFM FOR ACCESS TO OR USE OF THE APPS.
18. Applicable Law and Venue
19. Termination of Account; Discontinuation of Service