Terms of Service

Introduction

This document, which may also be referred to as "Terms of Service", "Terms", "User Agreement" or "Agreement" throughout, is a legally binding agreement between individuals, businesses, and organizations (Users) and Istorya, which may also be referred to as the "Website" or "Web-site" hereafter.

The terms "I", "me", and "my" may also be used to refer to Istorya (and its developer) throughout, while the terms "you", "your", "User", and "Visitor", may be used to refer to all users of Website. The terms "Content" and "Contents" are used to refer to any materials made available via Website.

To access and use all Contents and services provided by Website you confirm that you are at least 18 (eighteen) years of age (or the legal age in your state, country or locality if greater than 18).

By using my Website you agree that you comply with the terms of this Agreement and my Rules. You also confirm that you agree to comply with my Privacy Policy.

Gaining access to and using Website

I grant you a nonexclusive non-sub licensable revocable license to access and use my Website strictly in accordance with this Agreement. Your rights under this Agreement are not transferable or assignable and is such transfer shall be void or voidable where appropriate.

This Agreement in no way creates any agency, partnership, joint venture, or employee-employer or franchisor-franchisee relationship between you and me.

I reserve the right to stop (temporarily or for an indefinite period of time) functioning of my Website (e.g. to perform maintenance on my Website). I also reserve the right to alternate my Website:

For technical reasons such as issues with my servers, hardware or software malfunctions, hacker attacks, etc.
To perform updates to my hardware or software for the benefit of my Website and/or user experience.
In any case for legitimate reasons such as objections regarding privacy or legitimate objections regarding the content or maintenance of my Website.
If I decide my Website no longer has commercial or operational reason for continuing operation.
Should any changes of services provided by me occurs.

I do not specifically exclude cases when my Website may be unavailable (temporarily or for an infinite period of time) due to technical or maintenance issues. My Website is not immune from viruses, hacker attacks, malfunctions of hardware and software, and other unexpected issues that are out of my control.

I do not take responsibility for any issues or harm, including material damage, experienced by Users of my Services due to technical reasons.
I do not take responsibility for any issues or harm experienced by Users of my Services which is caused by Internet or data malfunctions.
I promise to take any feasible actions to resume correct functionality of my Services in the case of any technical or maintenance issues.

All issues and/or costs associated with Internet connections and/or mobile data connection services are the responsibility of the individual User. I advise all Users to clarify the costs of any Internet or data connections before using my Website.

User contents

Users may transmit text information (messages) to other Users. By making available any User Content through the Website, you hereby grant to me a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content on, through or by means of the Website. Note that text messages are heavily anonymized and periodically deleted here at Istorya.

I do not claim any ownership rights in any such User Content and nothing in these Agreement will be deemed to restrict any rights that you may have to use and exploit any such User Content. The copyright for all Contents remain in the possession of the User who has provided them.

You acknowledge and agree that you are solely responsible for all User Content that you make available through the Website. Accordingly, you represent and warrant that you either are the sole and exclusive owner of all User Content that you make available through the Website or you have all rights, licenses, consents and releases that are necessary to grant to me the rights in such User Content, as contemplated under the terms of this Agreement.

You represent and warrant that neither the User Content nor your transmittal of the User Content or my use of the User Content (or any portion thereof) on, through or by means of the Website will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

The copyright to all other Contents, including graphics, UI design, etc., found on my Website belongs to me.

You agree not to provide any Contents that violate terms of this Agreement and my Rules, the rights of other Users, or may be viewed as obscene or offensive to others.

You agree not to transmit any Content that violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability.

You agree not to promote, advertise, or offer any type of commercial services when using my Website. You agree not to use the Website or Contents for any commercial purpose or the benefit of any third party or in any manner not permitted by these Agreement.

Malicious User activity

You agree not to do any of the following:

Attempt to probe, scan, or test the vulnerability of any my system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by me or any of my providers or any other third party (including another User) to protect the Website or Content (such as my fingerprinting and matching systems);
Attempt to access or search the Website or Content or download Content from the Website through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than generally available third party web browsers;
Forge any TCP/IP packet header or any part of the header information in any email posting, or in any way use the Website or Content to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website or Content;
Interfere with, or attempt to interfere with, the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Website;
Develop a competing application or website;
Encourage or enable any other individual to do any of the foregoing.

Paid products or services

At present, I do not offer any paid goods, products, features, or subscriptions on my Website. Istorya is completely free to use. Should this change in the future, this agreement will be updated accordingly.

If I ever offer paid features on my Website:

You must read the product or service description and clearly understand its nature;
Any payment information you supply is true and complete;
Charges incurred by you will be honored by your bank or credit card company;
You will pay the charges incurred by you at the posted prices, including any applicable taxes;
If your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge I may incur due to the dishonored payment.

Paid services may not be transferred to third parties.

External URLs

I reserve the right to place links to external websites, Internet resources and third party goods on my Website.

I attempt to provide links to respected third party resources only, however, I do not accept responsibility or liability for the content on third party websites, the security of your personal information privacy on such sites, or any actions you may take on external websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. You acknowledge and agree that I am not responsible or liable for the availability or accuracy of external websites or resources as well as for the content, products, or services on or available from such websites or resources.

Third-Party Services and Embedded Content

My Website does not currently utilize third-party video chat platforms or external affiliate networks to host my primary student chat, however, if and when third-party software is utilized for aspects like analytics, routing, or database hosting, these Third-Party Services are independent platforms not owned, operated, controlled, or endorsed by me.

When you access or use any Third-Party Services through my Website, you acknowledge and agree that:

Independent Relationship: Third-Party Services are operated by independent companies. Any interactions are solely between you and that third party.
No Responsibility: I am not responsible for the content, privacy policies, terms of service, quality of service, or any other aspect of Third-Party Services.
Data and Privacy: Third-Party Services may collect, process, and store your personal information according to their own privacy policies. I am not responsible for their data handling practices.

By accessing Third-Party Services through my Website, you release me from any and all liability, claims, demands, and damages arising from or related to your use of such Third-Party Services.

Linking and embedding

You may provide links to my Website and embed it to your websites, applications or other Internet resources provided that:

You do not remove or obscure any portion of my Website by framing or otherwise;
Your application, Internet resource or website does not engage in illegal or pornographic activities;
You cease providing links to my Website as well as embedding my Website immediately upon my request.

Termination of access

Any User who violates my Rules while using my Website, the terms of this Agreement, or provides or distributes Contents as lined out in this Agreement, may have access to my Website limited without any notice or obligation (financial or other) including the right for me to use any software, technical, legal, and other means to ensure these terms are met (including, without any limitations, blocking certain IP addresses, applying FingerprintJS bans, or browser cookies).

I attempt to notify all Users about any such restrictions, however, I am not under obligation to do so.

For temporary access limitations the limitation period are determined by me and may be changed from time to time. You agree that I shall not be liable to you and other Users for any change of ban periods for any kind of violation.

Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification survive any termination of this Agreement or any termination of your use of my Website.

Abuses and complaints

Any incidents of abuse, violations of the Rules, and/or improper use of your copyright by other Users may be reported via my primary contact channel presented on my Website.

Users who attempt to resolve any disputes with other Users of my Website by violating my Rules, terms of this Agreement or Privacy Policy, and/or by taking illegal actions such as inappropriate remarks to other Users are liable to have their access to my Website limited on a temporary or permanent basis, as per the Termination of access section in this Agreement.

Limitation of liability

I am not responsible for any actions taken by my Users while on my Website or for any of the Contents provided by them.

I do not accept any liability resulting from the use of my Website, including liability resulting from lawsuits, penalties, claims, damages, obligations, expenses of any nature and type including direct, indirect, occasional, penalties, and/or losses caused by negligence, service interruption, loss of data, hardware damage due to virus attacks, loss of income, loss of opportunity, waste of office time, breaching of a contract, third party claims, or any other losses that may have been foreseen as those which may be caused due to or during the use of my Website. This liability limitation covers, but is not limited to, transmission of any software or viruses that may harm your hardware, cause malfunctions of mechanical or electrical hardware or of communication lines, other connection issues (such as impossibility of Internet access), unauthorized access, stealing, injury, property damage, operator errors, strikes or force majeure, including, but not limited to liability for loss of income, profits or contracts loss, loss of business, loss of anticipated savings, loss of goodwill, loss of data, loss of office time, and any other loss or damage of any kind.

You agree to protect me and Istorya from any and all claims of third parties and any losses and costs incurred from claims resulting from your personal actions while using my Website or due to Contents provided by you.

Amendments

I reserve the right, without any prior notification to you, to amend or change my Rules, Privacy Policy and this Agreement.

The most recent and up to date copies of the above documents are published on my Website.

Any amendments become active and valid from the moment the amended text is updated on the respective page on my Website.

In some instances I may notify Users of amendments to documents, however, it is the responsibility of the User to regularly check the respective pages for updates.

Should you disagree with any terms outlined in this Agreement, you should stop using my Website with immediate effect. Continuing to use my Website after any amendments come into effect indicate you agree with all changes and the amended terms of this Agreement.

Report or Contact Me

If you have any concerns or questions regarding my services, please message me directly on my Facebook profile: facebook.com/ke1th.dev.

Terms of Service at