Website Terms of Use

Last Modified: July 11, 2020

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Acceptance of the Terms of Use  

    These terms of use are entered into by and between you (“you” or “You”) and My Life Story Site, LLC d/b/a Porch Swing Stories (“Company”, “we”, “us”, or “our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms of Use”), govern your access to and use of www.porchswingstories.com and all subpages, including any content, functionality, and services offered on or through www.porchswingstories.com and all subpages (collectively, the “Website”), whether as a guest or a registered user.

    Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use, our Privacy Policy, found at www.porchswingstories.com/privacy, and our Copyright & Trademark Policy, found at www.porchswingstories.com/copyright. Our Privacy Policy and our Copyright & Trademark Policy are both hereby incorporated herein by reference. If you do not agree to these Terms of Use, the Privacy Policy, or the Copyright & Trademark Policy (collectively, the “Policies”), you may not and must not access or use the Website.

    This Website is offered and available to, and intended for use by, users who are 13 years of age or older, reside in the United States or any of its territories or possessions and are accessing the Website from the United States or any of its territories or possessions. The Website is not intended to attract anyone under the age of 13. If you register and use the Website and you are between the ages of 13 and 17, you must review this agreement with your parent(s) or your legal guardian. By using this Website, you represent and warrant that you meet or have met all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website. 

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Changes to the Terms of Use  

    Occasionally we may, in our discretion, make changes to the Policies. When the changes are material, we’ll provide you with notice either by displaying a prominent notice on the Website or by sending you an email. All changes are effective immediately when we notify you, and your continued use of the Website after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Website under the revised Terms of Use, you may close your account by contacting us at inquiries@porchswingstories.com.

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Accessing the Website and Account Security  

    We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. 

    You are responsible for:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

    To access and use the Website, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to us to register with this Website or otherwise, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

    If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You are advised to use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. 

    We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion for any or no reason, if, in our opinion, you have violated any provision of these Terms of Use.

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Intellectual Property Rights  

    The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. 

    These Terms of Use permit you to use the Website for your personal non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may download one or multiple copies of your Storysite for your personal use, and also for sharing with your family and friends if no financial compensation is involved. You may not download copies of your Storysite for any commercial use.
• You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use, but not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features, you may take such actions as are enabled by such features.

    You must not:

• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

    You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. 

    If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in violation of these Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest whatsoever in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

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Trademarks  

    The Company name, trademarks (including, but not limited to the term “Porch Swing”), logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You are prohibited from using such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

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Prohibited Uses  

    You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates, or encourages, incites, or promotes the violation of, any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set forth in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitations.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity in any manner, or use any form of social engineering whatsoever.
• To engage in any other conduct that restricts or hinders anyone’s use or enjoyment of the Website, or which, as determined by us, in our sole discretion, may harm the Company or users of the Website or expose them to liability.

    Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material, code, or component that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

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Personal Posts    

    The Website allows you to post content, material, personal profiles, and other information to your subpage (collectively “Personal Posts”). All Personal Posts must comply with the Content Standards set out in these Terms of Use. 

    You represent and warrant that:

• You own or control all rights in and to the Personal Posts.
• All of your Personal Posts do and will comply with these Terms of Use.

    You understand and acknowledge that you are responsible for any Personal Posts you submit or contribute, and you, not the Company, has fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness. 

    The Company is not responsible or liable to any third party for the content or accuracy of any Personal Posts posted by you or any other user of the Website.

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Monitoring and Enforcement; Termination  

    We have the right to:

• Remove or refuse to post any Personal Posts for any or no reason in our sole discretion.
• Take any action with respect to any Personal Post that we deem necessary or appropriate in our sole discretion, if we believe that a Personal Post violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, could create liability for the Company, or for any other reason.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referring to law enforcement any illegal, allegedly illegal, or unauthorized use of the Website.
• Terminate or suspend your access to all or part of the Website for if, in our sole discretion, you have violated these Terms of Use.

    Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSORS, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR THE FOREGOING PARTIES OR LAW ENFORCEMENT AUTHORITIES. 

    We do not review, approve, verify, or endorse any Personal Posts. The views and opinions expressed in Personal Posts are solely those of the person making the post and do not necessarily reflect the view of the Company. Therefore, we assume no liability or responsibility whatsoever for any Personal Post or for the action or inaction regarding transmissions, communications, or content provided by any user or a third party.

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Content Standards  

    These content standards (“Content Standards”) apply to all Personal Posts. Personal Posts must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Personal Posts must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
• Be designed or be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, harass, or annoy any reasonable person.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

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Copyright Infringement  

    If you believe that any Personal Posts violate your copyright, please review our Copyright & Trademark Policy for instructions on sending us a notice of copyright or trademark infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

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Payments  

    All online financial payments for the services provided by the Company through the Website are processed through our shopping cart provider, Paypal and Stripe. If you do not wish to use the Paypal and Stripe shopping cart to use the Website, please contact us regarding other payment options at inquiries@porchswingstories.com.

    You understand and agree that initiating a “chargeback” to your credit card, debit card, or PayPal account for services we have charged to you is a violation of this agreement.

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Renewing Your Account

    Your account will renew automatically, on the anniversary of the last renewal, for the length of time of your last renewal. On the renewal date your credit card, debit card, or PayPal account will be automatically charged for the cost of the renewal, at our current rate. If we do not receive payment for the renewal term because your payment method is no longer valid or for some other reason, we may close your account immediately or we may charge you interest on your overdue payment(s).

    You are liable for all unpaid amounts due on your account, even if we close or terminate your account partway through a billing term. You understand that no refunds or reimbursements, in whole or in part, will paid to you at any time. We may use a third-party service to collect overdue or unpaid amounts, and we may charge you for the cost collection, including reasonable attorney’s fees.

    If you dispute a billing charge, you must pay the full amount due by its due date and notify us of the disputed billing charge. If we validate your claim, your account will be credited with the validated amount.

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Closing Your Account

    You may close your account at any time as long as your account is in good standing and is paid in full through the closing date. To close your account, please send an e-mail to inquiries@porchswingstories.com.  When you ask us to close your account, we will suspend it for thirty (30) days (the “Suspension Period”), and unless you ask us to reactivate your account during the Suspension Period, we will terminate your account at the end of the Suspension Period.

    When we terminate your account, we will delete all of your Personal Posts (unless we are required by law to keep them). You should regularly backup the content of your Personal Posts since we will not be able to recover your Personal Posts or their content once your account has been terminated. 

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Reliance on Information Posted  

    The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. 

    This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

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Changes to the Website  

    We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

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Information About You and Your Visits to the Website  

    All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

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Other Terms and Conditions  

    Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

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Linking to the Website  

    You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. 

    The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. 

    You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice, and we may disable any link at any time, without notice to you, in our sole discretion.

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Links from the Website  

    If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

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Geographic Restrictions  

    The owner of the Website is based in the State of Kansas in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

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Disclaimer of Warranties  

    We make no guarantee or warranty whatsoever that that files available for downloading from the internet or the Website will be free of viruses or other malicious or destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

   TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL, CODE, OR COMPONENTS THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. 

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON OR ENTITY ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WHATSOEVER WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY PERSON OR ENTITY ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR ANY SERVER OR OTHER EQUIPMENT THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL MATERIAL, CODE, OR COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

    TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. 

    THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

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Limitation on Liability  

    TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, LICENSORS, SUPPLIERS OR SERVICE PROVIDERS, OR ITS AND THEIR MEMBERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, DIRECTORS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. 

TO THE FULLEST EXTENT ALLOWED BY LAW, YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY CLAIM, LOSS, OR DAMAGE MORE THAN ONE (1) YEAR AFTER SUCH A CLAIM, LOSS, OR DAMAGE SHALL HAVE OCCURRED.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

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Indemnification  

    You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective shareholders, members, officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your Personal Posts, your use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

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Governing Law and Jurisdiction  

    All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Kansas without giving effect to any choice or conflict of law provision or rule (whether of the State of Kansas or any other jurisdiction). 

    Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States in Wyandotte County, Kansas, or the courts of the State of Kansas in Johnson County, Kansas, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

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Arbitration  

    At Company’s sole discretion, it may require you to submit any disputes arising from the Policies or the use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Kansas law.

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Limitation on Time to File Claims  

    ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR SUCH CAUSE OF ACTION OR CLAIM SHALL BE PERMANENTLY BARRED.

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Waiver and Severability  

    No waiver of by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. 

    If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

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Entire Agreement  

    The Terms of Use, our Privacy Policy, and our Copyright & Trademark Policy together constitute the sole and entire agreement between you and My Life Story Site, LLC regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

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Your Comments and Concerns  

    This website is operated by My Life Story Site, LLC, a Kansas limited liability company, whose business address is 20617 W. 96th St Lenexa, Lenexa, Kansas 66220. 

    All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright & Trademark Policy in the manner and by the means set out therein. 

    All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: inquiries@porchswingstories.com.

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COPYRIGHT & TRADEMARK POLICY

Last modified: July 11, 2020

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Reporting Claims of Copyright Infringement

We take claims of copyright infringement seriously, but we cannot take a position regarding the validity of copyright infringement claims.

We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the website www.porchswingstories.com or from its subpages (collectively, the “Website”) infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

John Resnik

My Life Story Site, LLC

20617 W. 96th St
Lenexa, Kansas 66220
833-767-2411 Ext. 700

john@porchswingstories.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

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Counter-Notification Procedures

If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent named above. Pursuant to the DMCA, the Counter-Notice must include substantially the following:

• Your physical or electronic signature.
• An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
• A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States, for the Federal District Court for the District of Kansas) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten (10) business days of receiving the copy of your Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

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Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

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Reporting Claims of Trademark Infringement

We take claims of trademark infringement seriously, but we cannot take a position regarding the validity of trademark infringement claims. All trademark disputes are governed by state and Federal statutes and caselaw.

We will respond to notices of alleged trademark infringement. If you believe any materials on the Website infringe your trademarks, you may request removal of those materials from the Website by submitting written notification in to:

John Resnik

My Life Story Site, LLC

20617 W. 96th St
Lenexa, Kansas 66220
833-767-2411 Ext. 700

john@porchswingstories.com

Your trademark infringement notification notifications must include substantially the following:

• Your physical or electronic signature.
• Identification of the trademarked work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement that you have a good faith belief that use of the trademarked material is not authorized by the trademark owner, its agent, or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the trademark owner.

If we receive a trademark infringement complaint about the content of your web page we will notify you of our receipt of the complaint. Please note:

• If you notify us within 24 hours after we contact you that the allegedly infringing material has been removed, and if your actions are sufficient in the eyes of the complaining party, this matter will likely be resolved.
• If the allegedly infringing material has not been removed 24 hours after we contact you, we will disable your account. If that occurs, we will be unable to restore your access to your site until the allegedly infringing material has been removed.

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Not Legal Advice

Nothing contained in this Copyright & Trademark Policy is legal advice, and you may want to retain legal counsel in these types of matters.

Website Privacy Policy

Last modified: July 11, 2020

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Introduction  

   My Life Story Site, LLC (“Company”, “we”, or “us”) respect your privacy and are committed to protecting it through our compliance with this policy (“Privacy Policy”).

    This Privacy Policy describes the types of information we may collect from you or that you may provide when you visit or use the website porchswingstories.com or its subpages (collectively, the “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

    This Privacy Policy applies to information we collect:

• On the Website.
• In emails, chat sessions, texts, and other electronic messages between you and us.
• In phone calls between you and us.
• In physical correspondence between you and us.
• When you interact with our advertising on third-party websites, if that advertising include links to this Privacy Policy.
• Using other methods described in this Privacy Policy, including automatic data collection methods.

    It does not apply to information collected by:

• Us through any other means, including on any other website operated by the Company.
• Any third party, including through any application or content (including advertising) that may link to or be accessible from the Website.

    Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, you may not use our services or the Website. By accessing or using the Website, you agree to this Privacy Policy.  

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Changes to Our Privacy Policy  

Occasionally we may, in our sole discretion, make changes to the Privacy Policy. When the changes are material, we’ll provide you with notice either by displaying a prominent notice on the Website or by sending you an email. All changes are effective immediately when we notify you, and your continued use of the Website after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Website under the revised Privacy Policy, you may close your account by contacting us at inquiries@porchswingstories.com.

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Children Under the Age of 13  

    The Website is not intended for children under 13 years of age. No one under age 13 may use the Website or post any information on the Website. We do not knowingly collect Personal Information from children under 13. If you are under 13, do not (a) use the Website or any of its features, (b) post any information on the Website (c) register on the Website, (d) make any purchases through the Website, or (e) provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use, or (f) any other information about yourself whatsoever. If we learn we have collected or received Personal Information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please e-mail us immediately at.inquiries@porchswingstories.com.

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Information We Collect About You and How We Collect It  

    We collect several types of information from and about users of the Website, including information:

• By which you may be personally identified, such as name, postal address, e-mail address, telephone number, social security number, online or offline username or handle, social media posts, and any other information that is defined as personal or personally identifiably information under applicable law (“Personal Information”).
• That is about you individually but may not specifically identify you, such as a photograph or video.
• About your internet connection, the equipment you use to access the Website and usage details.

    We collect this information:

• Directly from you when you provide it to us.
• Automatically as you access the Website. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.

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    Information You Provide to Us.

    The information we collect on or through the Website may include:

• Information you provide by filling in forms on the Website. This includes information you provide when you register to use the Website, subscribe to our service, post material, enter a contest of promotion that we sponsor, otherwise provide us information while using the Website, or contact us using the Website.
• Information you provide as you navigate and use the Website.
• Information you provide when you contact physically contact us by mail or by phone.

    You also may provide information to be published or displayed (hereinafter, “posted”) on the Website, or transmitted to third parties (collectively, “Personal Posts”). Unfortunately, the transmission of information via the internet cannot be made 100% secure. Therefore, we do not guarantee the security of any of your Personal Posts that are transmitted to or from the Website or that your Personal Posts will not be viewed by unauthorized persons. Any transmission of your Personal Posts is at your own risk.   The information we may collect when you physically contact us includes records and copies of your correspondence, recordings of your conversations with us, and your physical address and phone number.

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    Information We Collect Through Automatic Data Collection Technologies.

As you navigate through, interact with, and otherwise use the Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

• Details of your visits to our Website, including traffic data, location data, logs, and other communication data and resources that you access and use on the Website.
• Information about your computer and internet connection, including your IP address, operating system, and browser type.

    We do not honor or respond to “Do-Not-Track” requests.

    The information we collect automatically may contain Personal Information. We may aggregate and retain information we collect automatically with Personal Information we collect in other ways in order to improve the Website and to deliver a better and more personalized service to you, including by enabling us to:

• Estimate the Website’s user size and usage patterns.
• Store information about your preferences in order to customize the Website according to your individual interests.
• Recognize you when you return to the Website.

The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Website.
• Flash Cookies. Certain features of the Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on the Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.
• Web Beacons. Pages of the Website and our e-mails to you may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us to, for example, count users who have visited those pages or opened our email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

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Third-Party Use of Cookies and Other Tracking Technologies.  

    Some content or applications, including advertisements, on the Website are sourced from and provided by third-parties, including advertisers, ad networks and servers, cloud and content providers, and application providers. These third parties may use cookies, either alone or in conjunction with web beacons or other tracking technologies, to collect information about you when you use the Website. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and from various websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

    We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

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How We Use Your Information  

    We use information that we collect about you or that you provide to us, including any Personal Information:

• To present the Website and its contents to you.
• To enable you to use the Website.
• To provide you with information, products, or services that you request from us.
• To fulfill any other purpose for which you provide it.
• To provide you with notices about your account, including expiration and renewal notices.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• To notify you about changes to the Website or any products or services we offer or provide though it.
• In any other way we may describe when you provide the information.
• To otherwise communicate with you.
• For any other purpose with your consent.

    We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please e-mail us at inquiries@porchswingstories.com.

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Disclosure of Your Information  

    We may disclose aggregated or associated information about our users as well as information that does not identify any individual, without restriction.

    We may disclose Personal Information that we collect or that you provide as described in this Privacy Policy:

• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale, or transfer of some, all, or substantially all of the Company’s assets or membership interests, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by the Company about the Website users is among the assets transferred.
• With your consent.

    We may also disclose your Personal Information:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce or apply our Terms of Use (porchswingstories.com/termsofuse),Privacy Policy, Copyright & Trademark Policy (www. porchswingstories.com/copyright), and other agreements, including for billing and collection purposes.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, the public, or others, and may include exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

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Choices About How We Use and Disclose Your Information  

    We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your information:

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
• Promotional Offers from the Company. If you do not wish to have your contact information used by the Company to promote our own or third parties’ products or services, you can opt-out by sending us an email stating your request to inquiries@porchswingstories.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to the Company as a result of a product service experience or other transactions.
• We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the opt-out request page on NAI’s website. ‌

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Accessing and Correcting Your Information  

    You may review and change your Personal Information by logging into the Website and visiting your account profile page.

    You may also send us an email at inquiries@porchswingstories.com to request access to, correct or delete any Personal Information that you have provided to us. Note that we cannot delete your Personal Information except by also deleting your user account. We may refuse to accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

    If you delete your Personal Posts from the Website, copies of your Personal Posts may remain viewable in cached and archived pages. Proper access and use of information provided on the Website, including Personal Posts, is governed by our Website Terms of Use at www.porchswingstories.com/termsofuse.

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Data Security  

    We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using SSL technology.

    If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You are advised to use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. 

    Unfortunately, the transmission of information via the internet cannot be made 100% secure. Therefore, we do not guarantee the security of any of your Personal Information that is transmitted to or from the Website. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website. 

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Payment Information  

    All online financial payments for the services provided by the Company through the Website are processed through our shopping cart providers, Paypal and Stripe. Using the Paypal and Stripe interfaces, you will be asked to provide certain Personal Information in order to complete the transaction. Paypal and Stripe protect your payment information (your credit card, debit card, PayPal, or other financial information) using industry standard methods. By making a financial payment using the Website your hereby agree to the Paypal and Stripe Terms of Service (www. Paypal.com/termsofservice www.Stripe.com/terms of service.). Make sure you read the Paypal and Stripe Terms of Service carefully. If you do not agree to the Paypal and Stripe Terms of Service you may not make financial payments through the Website. If you do not wish to make a financial payment through the Website, please contact us regarding other payment options at inquiries@porchswingstories.com. Paypal and Stripe may change their Terms of Service at any time so you should review the policy each time you make a financial payment through the Website. If you do not agree to the revised Paypal and Stripe Terms of Service you may make no additional financial payments using the Website. In that case, please contact us regarding other payment options at inquiries@porchswingstories.com.

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Contact Information  

    This website is operated by My Life Story Site, LLC, a Kansas limited liability company, whose business address is 20617 W. 96th St Lenexa, KS 66220. 

    To ask questions or comment about this Privacy Policy and our privacy practices, please send us an e-mail at inquiries@porchswingstories.com. You may also contact us at 833-767-2411 Ext. 700.

   All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: inquiries@porchswingstories.com.

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