These Terms of Service (the “Terms”) are a legal agreement between you and Fable, Inc. (“Fable”, “we”, “our”, or “us”) governing your access to and use of the Fable website located at https://www.fablestudios.com, including all of its webpages and subpages (collectively, the “Site”), including using the services available in connection with the Site (the “Services”).
By using Fable’s Service you agree to be bound by these Terms, and you are representing that you have the authority and capacity to form a contract with Fable. If you are using our Service on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, “you” and “your” will refer to that organization. If you do not agree with all of the provisions of these Terms, you are not authorized to use the Service.
These Terms include a class action waiver and a waiver of jury trials and require binding arbitration on an individual basis to resolve disputes.
The terms of service limit the remedies that may be available to you in the event of a dispute.
1. Your Use of the Site and Services.
1.1 Fable Services. Fable provides a platform for digital story-telling that allows our readers (each a “Reader”) to access the Fable library of interactive digital stories and books (each a “Story”) that are created by us or that are created and shared by artists through the Services (each a “Creator”).
1.2 Registering Your Account. In order to access certain features of the Services (including creating Stories), you may be required to register for an account (“Account”).
1.3 Eligibility. By registering for the Services, you represent and warrant that your use of the Services does not violate any applicable law or regulation, or any other obligation (including contractual obligation) you might have towards third parties. Any Account you have created by registering on the Services may be deleted without warning if we believe that any representation and warranty you make hereunder is breached or inaccurate or if you are improperly using the Services.
1.4 License. Subject to these Terms, Fable grants you a personal, limited, revocable, non-exclusive and non-transferable license to access and use the Services for your own individual purposes and those additional purposes enabled by Fable. You may not sublicense the use of the Services. Fable and its licensors expressly retain all ownership rights, title and interest in and to all aspects of the Services and all intellectual property rights therein, including, but not limited to, all current and future patents, copyrights, trademarks, trade secrets, know-how, and other proprietary rights included or embodied in the Services.
1.6 Password. When you register for an Account, you will also be asked to choose a password for your Account. You are solely responsible for maintaining the confidentiality of your password. You agree not to use the Account or password of another person at any time. You agree to notify us immediately if you suspect any unauthorized use of your Account or access to your password. You are solely responsible for any and all use of your Account.
1.7 Restrictions. You may not modify any part of the Services, create derivative works of the Services, or reverse engineer, reverse compile, reverse assemble or do any other operation with the Services that would reveal any source code, trade secrets, know-how or other proprietary information. You may not remove or modify any notice of confidentiality, trade secret, trademark or copyright encoded or embodied in the Services or displayed by, on, or in the Services. You may use the Services only while these Terms remain in effect. Under no circumstances shall you have any rights of any kind in or to any part of the Services after any termination or expiration of your agreement to these Terms for any reason. In no event may you use the Services for commercial endeavors without our prior written consent.
2. Terms Specific to Readers.
2.1 Reader Content. Readers may be provided the opportunity to participate in forums, discussions, or to otherwise submit content to the Services. Fable does not claim ownership rights in any information, data, text, messages, or other materials or content Readers make available or use in connection with the Services (“Reader Content”). By submitting your Reader Content, you unconditionally grant to Fable a non-exclusive, perpetual, irrevocable, worldwide, fully-paid, transferable right and license, with the right to sublicense through multiple levels of sublicensees, under all of your intellectual property rights in the Reader Content, to reproduce, create derivative works of, distribute, publicly display, digitally transmit, and otherwise use the Reader Content in any medium or format, whether now known or hereafter discovered, solely to provide you the Services or as otherwise described to you on the Services. You remain the owner of all Reader Content that you submit to the Services and you represent and warrant to Fable that you are the owner of the copyright to the Reader Content you submit to the Services or that you have permission from the copyright owner to submit such Reader Content.
2.2 Fees. The Services are initially made available without charge to Readers, however, Fable reserves the right to charge for the Services, or any component thereof. Any fees for the Services will be posted on the Site.
3. Terms Specific to Creators.
3.1 Creator Content. The Services may enable Creators to create and upload Stories, including related text, graphics, photos, files, audio, and other related works (collectively the “Creator Content”) to the Site to be shared with and distributed to Readers. You represent and warrant to Fable that you are the owner of the copyright to the Creator Content you submit to the Services or that you have permission from the copyright owner to submit such Creator Content. To the extent that you upload any Creator Content to the Site or otherwise use the Services to create or upload any Creator Content, you hereby grant to Fable a worldwide, non-exclusive, revocable, transferrable, right and license to use, reproduce, modify, exhibit, perform, distribute, and create derivative works of the Creator Content solely for the purpose of displaying, providing access to, making available, otherwise using, or permitting the use of such Creator Content, including on the Site.
3.2 Editorial Control. Fable shall have sole editorial control over the Site. You hereby permit Fable to format and configure the Creator Content, to combine the Creator Content with data, information, media or other content provided by Fable or any third party, and to display, present or provide access thereto as Fable may determine in its discretion. You acknowledge that you shall have no right to determine any element of the design, interface or graphical environment of any aspect of the Site. Without limiting the foregoing, Fable reserves the right to reject any Creator Content uploaded to the Site in its sole discretion and for any reason.
3.3 Publicity. Creator hereby grants to Fable a non-exclusive, revocable, worldwide, royalty-free license to use, copy, display, perform, distribute, and otherwise commercially exploit in any manner and in any medium (including by creating or having created media in which the Creator Publicity Rights, as defined below, are embodied for use in connection with the marketing or distribution of products and services), the Creator Publicity Rights in connection with the Creator Content. “Creator Publicity Rights” means the name, image, likeness, voice, personal history, and other aspects of the persona and identity of Creator.
3.4 Termination. Creator or Fable may terminate these Terms and the licenses granted under this Section 3 at any time upon thirty (30) days written notice to the other party.
4. Third Party Software and Linking. Although we may make software, hyperlinks, and other products of third-party companies available to you, your use of such products is subject to the respective terms and conditions imposed by the third party owning, manufacturing or distributing such products, and the agreement for your use will be between you and such third party. Fable makes no warranty with regard to the products or websites of any other entity. Fable has no control over the content or availability of any third-party software or website. In particular, (a) Fable makes no warranty that any third-party software you download or web site you visit will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses and (b) it is your responsibility to become familiar with any web site's privacy and other policies and terms of service, and to contact that site's webmaster or site administrator with any concerns.
5. User Conduct.
5.1 Code of Conduct. You expressly agree that you are solely responsible for any and all acts and omissions that occur through your use of the Services, and you agree not to engage in any unacceptable uses of the Services, which include, without limitation, use of the Services to:
(a) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Services or any other computer network;
(b) use the Services in connection with any commercial endeavors without Fable’ express written consent;
(c) create user accounts by automated means or under fraudulent or false pretenses;
(d) create or transmit unsolicited electronic communications such as spam to users or promote any products or services;
(e) collect and publish any information about any of our users;
(f) use any spider, robot, retrieval application, or any other device to retrieve any portion of the Site;
(g) reformat any of the pages that are part of the Site;
(h)disseminate, store or transmit viruses, worms, Trojan horses or other malicious code or program;
(i) encourage conduct that would constitute a criminal or civil offense;
(j) violate any applicable federal, state, local or international law or regulation;
(k) invade the privacy of any person, including but not limited to submitting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age);
(l) submit false or misleading information to Fable, the Services or other users; or
5.2 Other Users. We cannot and do not assure that other users are or will be complying with the foregoing rules of conduct or any other provisions of these Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance. Under no circumstances shall Fable be liable for the acts or omissions of any user.
7. Disclaimer of Warranty. THE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. FABLE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES AND THE INFORMATION CONTAINED THEREIN, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
8. Indemnification. You agree to indemnify, and hold Fable, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (a) your access to or use of the Services; (b) your violation of these Terms; (c) your violation of any third party right, including without limitation any intellectual property right or any publicity, confidentiality, property or privacy right; or (d) any claim that your use of the Services caused damage to a third party.
9. Limitation of Liability. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL FABLE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, IMAGES, DATA OR OTHER INTANGIBLES, EVEN IF FABLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL FABLE BE LIABLE TO YOU FOR ANY AMOUNT IN EXCESS OF THE LESSER OF $50 AND THE FEES RECEIVED BY FABLE FROM YOU IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY HEREUNDER.
10.1 Modification. Fable may modify these Terms at any time. Modifications become effective immediately upon your first access to or use of the Services after the “Last Revised” date at the bottom of these Terms. Your continued access to or use of the Services after the modifications have become effective will be deemed your conclusive acceptance of the modified Terms. If you do not agree with the modifications, do not access or use the Services.
10.2 Applicable Law. These Terms shall be governed by the laws of the State of New York without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction.
10.3 Dispute Resolution.
(b) Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Fable should be sent to: 243 Canal Street, New York, NY 10013. After the Notice is received, you and Fable may attempt to resolve the claim or dispute informally. If you and Fable do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled
(c) Arbitration Rules. Arbitration shall be initiated through the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If JAMS is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The JAMS Streamlined Arbitration Rules governing the arbitration are available online at http://www.jamsadr.com/. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
(d) Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
(e) Time Limits. If you or Fable pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the JAMS Rules for the pertinent claim.
(f) Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Fable, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the JAMS Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Fable.
(g) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Fable in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND FABLE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
(h) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
(i) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
(j) Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
(k) Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
(l) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Fable.
(m) Small Claims Court. Notwithstanding the foregoing, either you or Fable may bring an individual action in small claims court.
(n) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
(o) Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
(p) Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within New York, New York, for such purpose.
10.4 Independent Contractors. No joint venture, partnership, employment, or agency relationship exists between you and Fable as a result of these Terms or use of the Services.
10.5 Enforcement. If any legal action is brought to enforce these Terms, the prevailing party will be entitled to reimbursement of its attorneys’ fees, court costs, and other collection expenses, in addition to any other relief it may receive from the other party.
10.6 Waiver. The failure of Fable to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by Fable in writing.
10.7 Construction. The headings of Sections of these Terms are for convenience and are not to be used in interpretation.
10.8 Contact. Fable is located in New York, New York, USA. Any questions, comments or suggestions, including any report of violation of these Terms should be provided to the Administrator as follows:
By E-mail: email@example.com
By Postal Mail: 243 Canal Street, New York, NY 10013
10.9 Entire Agreement. These Terms constitute the entire agreement between you and Fable and govern your use of the Services, superseding any prior agreements between you and Fable. The failure of Fable to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you and Fable nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.
Last updated: January 15, 2019