PondStories terms of service

Thanks for using PondStories. Our mission is to deepen people’s understanding of the world and spread ideas that matter.

These Terms of Service (“Terms”) apply to your access to and use of the websites, mobile applications and other online products and services (collectively, the “Services”) provided by A PondStories Corporation (“PondStories” or “we”). By clicking your consent (e.g. “Continue,” “Sign-in,” or “Sign-up,”) or by using our Services, you agree to these Terms, including the mandatory arbitration provision and class action waiver in the Resolving Disputes; Binding Arbitration Section.

Our Privacy Policy explains how we collect and use your information while our Rules outline your responsibilities when using our Services. By using our Services, you’re agreeing to be bound by these Terms and our Rules. Please see our Privacy Policy for information about how we collect, use, share and otherwise process information about you.

If you have any questions about these Terms or our Services, please contact us at terms@pondstories.com.

Termination

You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with or without notice.

Transfer and Processing Data

In order for us to provide our Services, you agree that we may process, transfer and store information about you in the US and other countries, where you may not have the same rights and protections as you do under local law.

Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless PondStories, and our officers, directors, agents, partners and employees (individually and collectively, the “PondStories Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights) or your violation of the law. You agree to promptly notify PondStories Parties of any third-party Claims, cooperate with PondStories Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys’ fees). You also agree that the PondStories Parties will have control of the defense or settlement, at PondStories’s sole option, of any third-party Claims.

Disclaimers — Service is “As Is”

PondStories aims to give you great Services but there are some things we can’t guarantee. Your use of our Services is at your sole risk. You understand that our Services and any content posted or shared by users on the Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, PondStories doesn’t represent or warrant that our Services are accurate, complete, reliable, current or error-free. No advice or information obtained from PondStories or through the Services will create any warranty or representation not expressly made in this paragraph. PondStories may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through our Services (collectively, “Third-Party Content”). We do not control or endorse, and we make no representations or warranties regarding, any Third-Party Content. You access and use Third-Party Content at your own risk. Some locations don’t allow the disclaimers in this paragraph and so they might not apply to you.

Limitation of Liability

We don’t exclude or limit our liability to you where it would be illegal to do so; this includes any liability for the gross negligence, fraud or intentional misconduct of PondStories or the other PondStories Parties in providing the Services. In countries where the following types of exclusions aren’t allowed, we’re responsible to you only for losses and damages that are a reasonably foreseeable result of our failure to use reasonable care and skill or our breach of our contract with you. This paragraph doesn’t affect consumer rights that can’t be waived or limited by any contract or agreement.

In countries where exclusions or limitations of liability are allowed, PondStories and PondStories Parties won’t be liable for:

(a) Any indirect, consequential, exemplary, incidental, punitive, or special damages, or any loss of use, data or profits, under any legal theory, even if PondStories or the other PondStories Parties have been advised of the possibility of such damages.

Governing Law and Venue

These Terms and any dispute that arises between you and PondStories will be governed by California law except for its conflict of law principles. Any dispute between the parties that’s not subject to arbitration or can’t be heard in small claims court will be resolved in the state or federal courts of California and the United States, respectively, sitting in San Francisco, California.

Some countries have laws that require agreements to be governed by the local laws of the consumer’s country. This paragraph doesn’t override those laws.

Amendments

We may make changes to these Terms from time to time. If we make changes, we’ll provide you with notice of them by sending an email to the email address associated with your account, offering an in-product notification, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you don’t agree to the amended Terms, you must stop using our Services.

Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

Miscellaneous

PondStories’s failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms, and the terms and policies listed in the Other Terms and Policies that May Apply to You Section, reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, statements and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.