Website Terms of Use

1. Scope of These Terms

These Terms apply only to use of the Site unless a separate written agreement expressly incorporates them. Any professional, creative, strategic, marketing, communications, branding, content, consulting, design, production, or other services provided by Story & Spark are governed by the applicable proposal, statement of work, master services agreement, engagement letter, order form, or other written client agreement. If there is a conflict between these Terms and a signed client agreement, the signed client agreement controls with respect to the services covered by that agreement.

2. Eligibility and Authority

You may use the Site only if you can form a binding contract under applicable law. If you use the Site on behalf of a company or other organization, you represent that you have authority to bind that organization to these Terms. The Site is intended for business and general informational use and is not directed to children under 13.

3. Informational Nature of the Site

Site content is provided for general informational and promotional purposes. It is not legal, tax, accounting, financial, investment, employment, medical, or other regulated professional advice. No statement on the Site creates a fiduciary, advisory, agency, partnership, joint venture, employment, or client relationship. A client relationship arises only through an authorized written agreement with Story & Spark.

4. No Offer, Guarantee, or Reliance

Descriptions of capabilities, examples, portfolios, case studies, testimonials, anticipated outcomes, methodologies, or prior work do not constitute a promise or guarantee of any particular result. Business, marketing, creative, communications, audience, platform, and commercial outcomes depend on circumstances outside our control. You are responsible for evaluating whether any information on the Site is appropriate for your circumstances.

5. Intellectual Property

The Site and its contents, including text, copy, graphics, logos, brand elements, photographs, illustrations, designs, layouts, videos, audio, software, code, concepts, methods, compilations, and other materials, are owned by or licensed to Story & Spark and are protected by intellectual property and other laws. Except for the limited right to access the Site for its intended purpose, no rights are granted to you.

Permitted use

You may view the Site and make a reasonable number of copies of publicly available pages solely for your own internal, noncommercial evaluation of Story & Spark.

Prohibited use

• Copy, reproduce, republish, scrape, harvest, download in bulk, distribute, sell, license, modify, adapt, translate, reverse engineer, or create derivative works from Site content except as expressly authorized in writing.
• Use Story & Spark names, trademarks, logos, trade dress, designs, copy, portfolio materials, or other brand assets without prior written permission.
• Use Site content to train, fine-tune, benchmark, populate, or improve a machine-learning, generative-AI, or other automated model or dataset without prior written permission.
• Remove copyright, trademark, attribution, watermark, rights-management, or proprietary notices.
• Present Site content as your own or imply endorsement, affiliation, sponsorship, or partnership that does not exist.

6. Submissions, Inquiries, and Unsolicited Materials

If you send an inquiry, brief, concept, pitch, attachment, idea, suggestion, feedback, or other material through the Site or otherwise without a signed confidentiality agreement, you understand that we may already be developing, considering, or receiving similar ideas. Unless we expressly agree otherwise in writing, your submission is not confidential and does not create a duty to review, use, return, compensate for, or protect the submission as confidential.

You represent that you have the right to submit the material and that doing so does not violate law, contract, privacy, publicity, confidentiality, intellectual property, or other rights. You remain responsible for your submission. We may delete, disregard, or retain submissions as reasonably necessary for business, legal, security, or recordkeeping purposes.

7. Acceptable Use

You may not use the Site to:

• Violate applicable law or the rights of any person or entity.
• Transmit malicious code, malware, harmful instructions, or content intended to disrupt or compromise systems.
• Probe, scan, test, bypass, defeat, or interfere with security, access controls, rate limits, authentication, or technical restrictions.
• Access data, systems, accounts, or areas of the Site that you are not authorized to access.
• Use bots, crawlers, scraping tools, or automated means in a manner that imposes unreasonable load, circumvents controls, or extracts content or personal information.
• Impersonate another person, misrepresent affiliation, submit fraudulent information, or engage in deceptive conduct.
• Send spam, unsolicited promotions, or unlawful communications through any Site feature.
• Use the Site in a way that could damage, disable, overburden, interfere with, or impair the Site or another user.

8. Third-Party Services and Links

The Site may link to or rely on third-party websites, hosting providers, analytics services, forms, scheduling tools, payment services, social platforms, embedded media, fonts, content delivery networks, or other services. Third parties are independent from Story & Spark. We do not control and are not responsible for their availability, security, terms, privacy practices, content, accuracy, or conduct. Your use of third-party services is subject to their own terms and policies.

9. Privacy and Cookies

Our Privacy Policy describes how we collect, use, disclose, and protect personal information. Our Cookie Policy explains our use of cookies and similar technologies. Where required, non-essential technologies are used only after the applicable consent choice. The Privacy Policy and Cookie Policy are incorporated into these Terms by reference to the extent permitted by law.

10. Electronic Communications

When you contact us electronically, submit a form, or otherwise communicate with us through the Site, you consent to receive responsive communications electronically. If you separately opt in to marketing communications, you may withdraw that consent at any time using the unsubscribe mechanism provided or by contacting us through the method posted on the Site. Transactional, legal, security, or relationship communications may still be sent when permitted by law.

11. Site Availability and Changes

We may change, suspend, restrict, or discontinue any part of the Site at any time. We do not guarantee that the Site will always be available, error-free, secure, complete, current, or compatible with every device, browser, or system. We may correct errors and update content without notice.

12. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND ALL CONTENT, FEATURES, AND MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. STORY & SPARK DISCLAIMS ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, QUIET ENJOYMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, STORY & SPARK AND ITS PARENTS, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, DATA, OR USE; BUSINESS INTERRUPTION; OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF STORY & SPARK FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT, IF ANY, YOU PAID DIRECTLY TO STORY & SPARK SOLELY FOR ACCESS TO THE SITE DURING THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100). THIS LIMIT DOES NOT ALTER ANY GREATER OR DIFFERENT LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR EXCLUDED.

14. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Story & Spark and its parents, affiliates, shareholders, directors, officers, employees, contractors, agents, licensors, and service providers from and against third-party claims, demands, actions, proceedings, losses, liabilities, damages, judgments, settlements, costs, and reasonable attorneys fees arising out of or relating to: (a) your misuse of the Site; (b) your violation of these Terms or applicable law; (c) material you submit or transmit; or (d) your infringement or violation of another person or entity rights. We may assume control of the defense of any matter subject to indemnification, and you will reasonably cooperate.

15. Governing Law; Dispute Resolution

These Terms and any dispute arising out of or relating to the Site are governed by the laws of the State of Arizona, without regard to conflict-of-laws principles, except to the extent federal law controls. Before filing a formal claim, each party agrees to provide written notice describing the dispute and to make a good-faith effort for at least 30 days to resolve it informally.

If the dispute is not resolved informally, and except for claims that qualify for small claims court or requests for temporary or preliminary injunctive relief involving intellectual property, confidentiality, security, or unauthorized access, the dispute will be resolved by binding individual arbitration administered by the American Arbitration Association under its applicable rules. The arbitration will take place in Maricopa County, Arizona, unless the parties agree to remote proceedings or another location. Judgment on the award may be entered in any court with jurisdiction.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISPUTES MUST BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE-ATTORNEY-GENERAL ACTION. THE ARBITRATOR MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE THAT PARTY INDIVIDUAL CLAIM. If applicable law makes any part of this paragraph unenforceable for a particular claim or remedy, that claim or remedy will proceed in a court of competent jurisdiction in Maricopa County, Arizona, and the remainder will remain subject to arbitration to the fullest extent permitted by law.

16. Copyright and Intellectual Property Complaints

If you believe content on the Site infringes your intellectual property rights, contact us using the legal contact method posted on the Site and provide enough information for us to identify the work, the allegedly infringing material, your contact information, your good-faith belief regarding the use, and a statement that the information you provide is accurate and that you are authorized to act for the rights holder. We may remove or restrict access to material when appropriate.

17. Changes to These Terms

We may update these Terms from time to time. The "Last Updated" date identifies the current version. Changes become effective when posted unless a later date is stated. Your continued use of the Site after an update constitutes acceptance to the extent permitted by law. Material changes will be communicated in a manner reasonably appropriate to their significance when required by law.

18. General Terms

These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and Story & Spark regarding use of the Site, except for any separate written agreement that applies to specific services.

• If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in effect.
• Our failure to enforce a provision is not a waiver. A waiver is effective only if in writing and authorized by us.
• You may not assign or transfer these Terms without our prior written consent. We may assign them in connection with a merger, reorganization, sale of assets, corporate transaction, or by operation of law.
• Headings are for convenience only and do not affect interpretation. The words "including" and "include" mean "including without limitation."
• Provisions that by their nature should survive termination or discontinuation of Site use will survive, including intellectual property, disclaimers, limitations of liability, indemnification, and dispute provisions.

19. Contact

Questions about these Terms may be submitted through the legal or general contact method made available on the Story & Spark website. Legal notices to Story & Spark should identify Effectuate, Inc. d/b/a Story & Spark as the contracting entity.