Terms & Conditions

Terms and Conditions

By participating with the Untold Stories – No Longer Untold, (Untold Stories) website and podcast (Sites) you agree to be bound by these Terms and Conditions (Terms) and to use the Sites in accordance with these Terms and Conditions and our Privacy Policy.

Untold Stories reserves the right to change these Terms and Conditions or to impose new conditions on use of the Sites, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.

User Content

All information, materials and other content added, created, uploaded, submitted, distributed, or posted to the Sites by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person or entity who so added, created, uploaded, submitted, distributed, or posted such User Content on the Sites. You represent that all User Content provided by you is in compliance with all applicable laws, rules and regulations, including, but not limited to, copyright laws. You acknowledge that your access to all User Content through the Sites is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. Untold Stories does not pre-screen User Content and does not guarantee that any User Content you access on or through the Sites is or will continue to be accurate.

Untold Stories does not guarantee that any User Content will be made available through the Sites. You agree that Untold Stories has no responsibility or liability for the deletion or failure to store any User Content maintained or uploaded by the Sites. We reserve the right to, but do not have any obligation to, (a) remove any User Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or if we are concerned that you may have violated these Terms), or for no reason at all and (b) to remove or block any User Content from the Sites.

Rights you grant to us

By submitting User Content through the Sites, you hereby grant to Untold Stories a non-exclusive license to use, edit, modify, create derivative works from (such as transcriptions of User Content), aggregate, reproduce, distribute, make available, transmit, display, and perform, the User Content in connection with the operation of the Sites, the promotion, and advertising or marketing of the Sites. This license is worldwide, royalty-free, sublicensable (through multiple tiers) and transferable.

You agree that this license includes, without limitation, the right for Untold Stories to provide, promote, and improve the Sites. 

For the avoidance of doubt, such license includes any and all rights in or to the User Content, including, without limitation, copyright, rights of privacy or rights of publicity. Where applicable and permitted under applicable law, you also agree to waive and not enforce any “moral rights” or rights, such as your right to object to derogatory treatment of such User Content. If such moral rights are not waivable, then you agree not to sue Untold Stories or any User of the Sites for any use of your User Content on or in connection with the Service.

You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. 

Third Party Sites

The Sites may permit you to link to other websites, podcasts or online resources; and other websites, podcasts or online resources may contain links to the Sites. When you access third party resources, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators.

You further acknowledge and agree that Untold Stories will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third party content, goods or Sites available on or through any such third party website, online service or resource.

Warranty Disclaimer

To the fullest extent permitted under applicable law:

We have no special relationship with you or fiduciary duty to you.  You acknowledge that Untold Stories has no duty to take any action regarding: which users gain access to the Sites; what content you access via the Sites; or how you may interpret or use the content.

You release Untold Stories from all liability for you having acquired or not acquired content through the Sites. Untold Stories makes no representations concerning any content contained in or accessed through the Sites, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or content contained in or accessed through the Sites.

The Sites are provided “AS IS”, “AS AVAILABLE” and without warranty of any kind, express, statutory or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. Untold Stories and our sponsors, and our and their officers, directors, shareholders, employees, agents, suppliers, partners and third-party content providers, and any successors or assigns, do not warrant and expressly disclaim that: (i) the Sites will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Sites are free of viruses or other harmful components; or (iv) the results of using the Sites will meet your requirements. Your use of the Sites is solely at your own risk.

Indemnification.

To the fullest extent permitted under applicable law: You will defend, indemnify, and hold harmless Untold Stories, our sponsors and affiliates, and each of our and their respective employees, directors, suppliers, partners, contractors, third-party licensors and representatives (the “Indemnified Parties”) from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (1) your breach, or alleged breach, of the Terms; (2) any User Content that you post or otherwise contribute or make available; (3) any activity in which you engage on or through the Sites; (4) your violation of any law or the rights of a third party; and (5) any dispute you may have with another User or collaborator in connection with any User Content or use of the Sites.

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses. You agree not to involve Untold Stories in any dispute you may have with another User or collaborator.

Limitation of Liability

This Section applies to the fullest extent permitted under applicable law:

You agree that your sole and exclusive remedy for any problems or dissatisfaction with the Sites is to stop using the Sites. You agree that Untold Stories has no obligation or liability arising from or related to third party Sites made available through or in connection with the Sites.

In no event will Untold Stories and its sponsors and affiliates, and its and their officers, directors, shareholders, employees, agents, suppliers, partners or third-party licensors, and any successors or assigns, be liable for (1) any indirect, special, incidental, punitive, exemplary, or consequential damages; (2) any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use of or inability to use the Sites, or third party Sites, regardless of legal theory, without regard to whether Untold Stories has been warned of the possibility of those damages, and even if a remedy fails of its essential purpose.

Privacy policy 

Untold Stories respects your privacy. Please review our Privacy Policy, which also governs the Sites and informs users of our data collection practices.

Age

Untold Stories does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. The Sites are intended only for users aged 13 or older. 

Governing Law and Jurisdiction.

These Terms will be governed by and construed in accordance with the laws of the United States (including federal arbitration law) and the State of Colordo, without regard to choice or conflicts of law principles

Entire Agreement and Severability.

These Terms and Conditions, along with the Privacy Policy, and any User Content agreements constitute the entire agreement between you and Untold Stories with respect to the Sites and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Untold Stories with respect to the Sites. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder

No Assignment.

These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder, in whole or in part, without your consent and without notice to you.

Agency.

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.

Notices.

Unless otherwise specified in these Terms, all notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to via our help page.

No Waiver.

Our failure to enforce any part of these Terms will not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

Contact

For customer support queries, please contact our customer service department using our customer support page at https://nolongeruntold.com/contact-us/