Children’s Audio Stories

The Story Home Children's Audio Stories

Children's Audio Stories to Delight and Inspire!

to Delight & Inspire!

Terms of Use Agreement

 

We welcome you to The Story Home!  This Terms of Use Agreement (“Agreement”) governs your use of thestoryhome.com (“Website”) which is owned and operated by Purple Button Media, a partnership, doing business as The Story Home (we, us, our, the “Owners”).  This Agreement is a legally binding document. By using the Website and any related tools, features or other services, you (“you, your, User”) are agreeing to accept this Agreement and be bound by it when using the Website.  You agree to receive all notices and communications from Purple Button Media in electronic form (email, text message or Website posting) or by regular mail at the discretion of Purple Button Media. We may change or modify the terms of this Agreement for any reason and at any time in our sole discretion.  We will post or display notices of material changes on the Website and will notify you upon login about these changes; the form of such notice is at our discretion. If you do not agree with the modifications, please do not continue to use the Website.

Please note that your use of this Website requires that you agree to mandatory arbitration and waiver of class action and jury trial, and those provision can be found on this web page below.

ELIGIBILITY

You must be at least 18 years of age to purchase a story on this Website and at least 13 years of age to subscribe to our newsletter unless we have received written permission from your parents.

WEBSITE REGISTRATION

When you register on the Website, you will provide a valid email address and choose a User name and password in conjunction with the account (“Account”).  You may not allow others to use your User name and password under any circumstances. We are not liable for any harm caused by disclosure of your User name or password to others, or for the theft or misappropriation of your User name or password.  You agree to notify us immediately in the event that your User name or password becomes compromised, or there is any other need to deactivate them due to security concerns.

PASSWORDS ARE ISSUED ON A PERSONAL BASIS.  ACCORDINGLY, ALL CONTENT OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD ON THE SITE WILL BE DEEMED BINDING ON YOU.  You agree that you are solely responsible and liable for all actions taken via your password, whether or not made with your knowledge or authority.  You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site for which you will be legally responsible.

There is no charge to register on the Website.  Please read our Privacy Policy which describes the personally identifiable information we collect, use, disclose, manage and store.

YOUR LICENSE

Please remember that most of the materials on this Website (www.thestoryhome.com) are protected by trademarks and copyrights, and that by using our Website and our audio, you are agreeing to abide by our Terms of Use Agreement. The stories, artwork, entire Website with content, including audio and video are protected by copyright law and all rights are reserved, however we permit the following:

You Are Allowed:

To purchase and download any story audio file, copy it for your own non-commercial, personal enjoyment which may include sharing it with your family and friends, provided that you DO NOT EDIT ITS CONTENT in anyway, including the removal of the copyright credits (Stories author and Storytellers name) and any mention of The Story Home, www.thestoryhome.com at the beginning and the end of the audio file. The same applies to all free content.

TEACHER’S LICENSE

By purchasing a story from The Story Home, teachers will be automatically licensed to use the story in their classrooms for the benefit of student learning but may not post the stories online or on a server for multiple teachers to see and may not give copies of the stories to students or other teachers.  Beyond the realm of the classroom, teachers are encouraged to send other teachers, students and their families to The Story Home Site to purchase and download their own versions of the stories, respectful that The Story Home is a business that needs support to survive.

COMMERCIAL LICENSING

Any COMMERCIAL USE of Website (“The Story Home”) Content (“stories, audio files, video files, artwork, text or anything on the website including logos”) is STRICTLY PROHIBITED WITHOUT OUR WRITTEN LICENSE granted specifically to you or your company. For further details please see below. For questions concerning licensing of The Story Home content, including Alan Scofield’s original stories and new stories commissioned for specific client requests, please contact us.

Third party stories of authors in the public domain are used under the public domain copyright law and or by permission. Any use of our performances of these third party works is subject to this Agreement.Our copyright in these performances covers our expression as well as the vocal recording (audio broadcast) of these classic works but not their original content.

Third party stories of authors not in the public domain are protected by copyright and are used by permission of the author or the author’s estate representatives. Any use of our performances of these third party works is subject to the this Agreement.

Story images, category images and all other artwork on the Website are protected by copyright whether they are third party or original works.

WEBSITE DESIGN

The Story Home Website and all its Content is the copyrighted property of Purple Button Media, d/b/a The Story Home.  All rights are reserved.

GENERAL

We reserve the right to withdraw permissions granted on our Website at any time and change our Terms of Use Agreement at any time.

INTELLECTUAL PROPERTY

Trademarks & Copyright

Copyright in the contents of this Website (including without limitation all images, illustrations, audio files, designs, icons, photographs, video clips, written and other materials that appear on this Website and HTML and other code) is protected by Purple Button Media or by third party owners in the event the Website has incorporated their materials. The modification, copying or incorporation into any other work of part or all of the material in any form is prohibited except that you may download audio MP3s for your non-commercial and personal use only. Re-distribution of all or any part of the, Website, podcast, and albums which includes all stories is not permitted. All rights are reserved.

  1. “The Story Home” and all names, titles, and services associated therewith are the property of the Owners. The “look” and “feel” of the Website (including color combinations, button shapes, layout, design and all other graphical elements) are also be protected by intellectual property law. The names, titles and services of any third parties contributors to the Website are likewise the property of their owners. You may not use any trademarks, service marks, trade names or trade dress displayed in connection with the Website except as permitted by this Agreement.
  2. Links: There may be links that make it easier for you to connect to third party sites or that will let you access this Website from third party sites. Linked third party sites are not under the control of Purple Button Media and Purple Button Media isnot responsible for the contents, messages and information of any linked site or any link contained in such a linked site. Existence of links to other third party sites is not an endorsement by the Website or Purple Button Media in favor of such site or the products or services or content, messages and information contained in any linked site. Any concerns regarding any such service or resource or any link thereto should be directed to the provider of the outside service or resource. Purple Button media, at all times, reserves the irrevocable right to rescind consent to any link to this Website.
  3. Transmission and feedback of information: Any information you transmit through this Website is subject to our Privacy Policy set forth herein. You agree that Purple Button Media may use and/or disclose information about your demographics and use of the Website in a manner that does not reveal your identity.
  4. This Website enables listeners to download audio files on to their personal computers, MP3 players, mobile devices and other personal devices. All audio downloads published and broadcast by this Website are for personal use only and any infringement of copyright law is subject to legal action.
  5. Users are responsible for complying with all applicable federal and state laws applicable to such content, including copyright laws.
  6. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders’ rights. As a condition to your using our Website, you agree that you will not use our service to infringe intellectual property rights in any way. We will take legal measures against those who infringe copyrights, or other intellectual property rights, published on our Website.In addition; we reserve rights to block use of our service permanently upon any single infringement of these rights, in accordance with the Digital Millennium Copyright Act of 1998.
  7. Acceptable use: The information displayed on the Website may not be used for any purpose except in connection with your direct personal use of the Website as permitted by this Agreement. In addition, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Website for any purpose or in any manner that is prohibited by this Agreement or by applicable law.

USER CONTENT

You are solely responsible for anything you post or share on the Website.  You are also responsible for your interactions with other Users of the Website.  Purple Button Media has no responsibility or liability for User content or User interactions. In using the Website, you agree to assume the risk that some materials on the Website may be objectionable or offensive to you.  Purple Button Media may or may not pre-screen User content in its sole discretion.

Purple Button Media may remove User content it deems inappropriate or in violation of the Rules, this Agreement or other Purple Button Media policies, in its sole discretion.

You hereby grant Purple Button Media and its designees an irrevocable, sub-licensable, world-wide, royalty-free, non-exclusive license in perpetuity to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and display your User content in whole or in part and to incorporate such User content into other works, in any format or medium now known or later developed.  You warrant and represent that you will not submit, post or upload or transmit any content (including but not limited to videos, photographs, text, recordings) that violates the provisions of this Agreement or the rights of any third party including but not limited to their copyrights and rights of publicity and privacy.

You may NOT do the following in connection with use of the Website

  1. Send unsolicited commercial email to the email addresses provided on the Website. The posting of email addresses is not to be construed as,and does not constitute consent the use of them by any seller of services, any compiler of mailing lists, or any other non-authorized use without prior permission from its Owners.
  2. Send spam, chain emails, advertising solicitations and similar email solicitations are expressly prohibited.
  3. Transmit to or from this Website any unlawful, threatening, libelous, defamatory, obscene, inflammatory or pornographic material or other material that could give rise to any civil or criminal liability under the law.
  4. Attempt to probe, scan or test the vulnerability of our Website, system or network or to breach security or authentication measures without proper authorization from its Owners.
  5. Interfere with the proper functioning of the Website including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, and “mail bombing” or “crashing”.
  6. Send unsolicited e-mail of promotions and/or advertising of products or services.
  7. Forge any TCP/IP packet header or any part of the header information in any e-mail.
  8. Frame the contents of any part of the Website within any materials not originated by Purple Button Media. You agree to indemnify us against all claims, demands, actions, expenses, losses, damages and costs (including but not limited to reasonable legal costs and disbursements) arising from or incurred as a result of breach of these prohibited uses and for breach of our copyright, trademarks and other intellectual property rights.

TERMINATION

This Agreement is effective until terminated by either you or Purple Button Media. You may terminate this Agreement and cease any and all use of the Website at any time. Purple Button Media may also terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website, if in  our sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Purple Button Media, you must promptly destroy all materials downloaded from this Website, as well as copies of such materials, whether made under the terms of this Agreement or otherwise.

SEVERANCE & WAIVER

If any provision of this Agreement is found to be invalid by any court having jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a continuing waiver of such term or any other term.

ENTIRE AGREEMENT

Except as provided herein, these Terms of Use are the entire agreement between us and supersede any prior understanding or agreements (written or oral).

THIRD PARTY RIGHTS

Nothing in this Agreement is intended to confer on any third party (whether referred to in this Agreement by name, class, description or otherwise) any benefit or any right to enforce any provision of this Agreement or any agreement entered into in connection with it.

WEBSITE CONTENT; DISCLAIMER AND LIMITATION OF LIABILITY

PURPLE BUTTON MEDIA MAKES NO REPRESENTATIONS OR linkWARRANTIES WITH RESPECT TO ANY PRODUCTS, SERVICES, CONTENT, MESSAGES, INFORMATION, MATERIAL OR GRAPHICS ON THIS WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PURPLE BUTTON MEDIA EXPRESSLY EXCLUDES ALL WARRANTIES, OBLIGATIONS, REPRESENTATIONS, LIABILITIES, TERMS OR CONDITIONS (WHETHER EXPRESS OR IMPLIED, OR ARISE IN CONTRACT, STATUTE, OR OTHERWISE, AND IRRESPECTIVE OF THE NEGLIGENCE OF PURPLE BUTTON MEDIA, OR THEIR EMPLOYEES, CONTRACTORS AND AGENTS) IN CONNECTION WITH THE INFORMATION ON THE WEBSITE (INCLUDING WITHOUT LIMITATION ANY RELATING TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE, CONFORMITY WITH DESCRIPTION, CARE AND SKILL OR COMPLIANCE WITH REPRESENTATIONS).

Purple Button Media does not warrant that the functions contained in this Website or its content will be uninterrupted or error-free, that defects will be corrected, or that the Website or its server are free of viruses or other harmful components. If you are aware of any error on this Website please contact us and we will try to correct it. Please note that the information, materials and graphics available on this Website may be incomplete, out of date or incorrect. The information, materials and graphics available on this Website may be subject to change without notice.

INDEMNIFICATION

You agree to indemnify, defend and hold the Website, Purple Button Media and any of its affiliates or any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including but not limited to reasonable attorneys’ fees), resulting from use of the Website by you, violations of this Agreement, and any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy or impair the rights of any third party.  Purple Button Media reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Purple Button Media in the defense of such matter.

ARBITRATION, CONSENT TO JURISDICTION IN SAN FRANCISCO, ATTORNEYS’ FEES

Any and all disputes, claims or controversies arising out of or relating to this Agreement, the breach thereof, or any use of the Website (“Claims”), except for claims filed in a small claims court that proceed on an individual basis, shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association (“AAA”) in accordance with its then governing rules and procedures.  In agreeing to arbitrate all Claims, you and Purple Button Media waive all rights to a trial by jury in any action or proceeding involving any Claim. The arbitration shall be held in San Francisco, California, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act, 9 USC Section 1, et seq.  This arbitration provision shall survive termination of this Agreement. Subject to the limitations set forth below, the arbitrator shall have authority to award legal and equitable relief available in the courts of California provided that:

Any and all claims shall be arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party.  You and Purple Button Media agree that the arbitrator shall have no authority to arbitrate any Claim as a class action or in any other form other than on an individual basis. The prevailing party shall be entitled to attorneys’ fees.

Notwithstanding the provisions for arbitration of claims herein, either of us may bring an action in state or federal court to protect our intellectual property rights (patents, copyrights, moral rights, trademarks, service marks and trade secrets but not privacy or publicity rights).

For claims that are not subject to arbitration: (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within San Francisco, California (“Forum”) and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (b) you and Purple Button Media waive any and all rights to trial by jury with respect to any Claims.

COPYRIGHT COMPLIANCE POLICY

If you believe that your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed by this Website, please provide Purple Button Media with a written notice containing the following:

1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Service;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Please contact Purple Button Media’s Copyright Agent in the following ways:

Mail: Purple Button Media, Attn:  Legal Department, 2107 Sea Shell Dr., Richmond, CA 94804

Email:   admin@thestoryhome.com

Please submit your notice by email or regular mail.  To be valid, a Notice must be in writing and must follow the instructions above. You also may use the contact(Link) information in this Section to notify us of alleged violations of other intellectual property rights.

MISCELLANEOUS

This Agreement, including our Privacy Policy, and any other regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contains the entire understanding and agreement between you and us and supersedes any and all prior or inconsistent understandings relating to the Website and your use of the Website.  This Agreement cannot be modified or terminated verbally. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement.   No claim arising out of this Agreement may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). This Agreement and your use of the Website is governed by, construed and enforced in accordance with the laws of the State of California (notwithstanding the State’s conflict of laws provisions) applicable to contracts made, executed and wholly performed in California.

This Terms of Use Agreement was last updated on May 28, 2018