Terms of Service

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

1. Overview

My Story Book Publishing provides its users with online access to books and other digital content (“Content”). My Story Book Publishing offers accounts for parents or legal guardians (“Parents”). To access most features of the Service, you must register for a Parent account.

2. Eligibility

3. Accounts and Registration

When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at support@mystorybookpublishing.com. You may also be capable of registering to join our Services directly through an anonymous account or by logging into your account through an Social Networking Service (SNS). You are entitled to use your SNS account for the purposes described herein without breach by you of any of the terms and conditions that govern the SNS, and without obligating My Story Book Publishing to pay any fees or making us subject to any usage limitations imposed by such SNS. You can disable the link between your My Story Book Publishing Profile and your SNS account at any time though the “Settings” section of our Service. Please note that your relationship with any SNS is governed solely by your agreement(s) with such SNS. If your SNS account terminates, then functions enabled through the link between your My Story Book Publishing Profile and your SNS account will terminate as well.

4. General Payment Terms

Although My Story Book Publishing may, in its discretion, make certain features and content of the Service available free of charge to certain users, other features of the Service may require you to pay fees in accordance with the terms below. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable.

• 4.1

  Price. Price. My Story Book Publishing retains the authority to set prices for the Service. We will endeavor to provide updated pricing information on our website. We recommend reviewing our website regularly to stay informed about current pricing. Should there be any modifications to the fees associated with the Service, including any new charges, My Story Book Publishing reflects those changes in the APP or on its website. On occasion, and at its sole discretion, My Story Book Publishing may present promotional offers with varied features and prices to its clientele. Unless specifically addressed to you, these promotional rates and terms will not affect your agreement or these Terms.

• 4.2

  Authorization.You grant permission to My Story Book Publishing to process charges for your orders and the Service level you choose, as outlined in these Terms of Service or as stated by My Story Book Publishing, inclusive of all relevant taxes, using the payment method linked to your account. Should you opt to use a credit card for any fee payment, My Story Book Publishing might initiate a pre-authorization check on your credit card account to confirm its validity and ensure sufficient funds or credit for your transaction.

• 4.3

  Subscription Service. At present, we don't offer a subscription model, but we're considering introducing one in the future. The Service might feature payments that recur at regular intervals (“Subscription Service”). Should you opt into the Subscription Service, you give My Story Book Publishing permission to charge your account periodically until either the recurring payments are cancelled or your account is terminated. Your "Subscription Billing Date" is the day you initiate your first service subscription. For details regarding the “Subscription Fee”, kindly refer to https://www.mystorybookpublishing.com/#pricing. UNLESS SPECIFIED OTHERWISE WHEN YOU ENROLL IN THE SUBSCRIPTION SERVICE: (A) YOUR ACCOUNT WILL BE AUTOMATICALLY DEBITED ON THE SUBSCRIPTION BILLING DATE FOR ALL DUE FEES AND TAXES FOR THE UPCOMING SUBSCRIPTION CYCLE, (B) YOUR SUBSCRIPTION WILL PERSIST UNTIL YOU OPT OUT OR WE END IT, AND (C) TO PREVENT CHARGES FOR THE SUBSEQUENT SUBSCRIPTION CYCLE, YOU MUST TERMINATE YOUR SUBSCRIPTION PRIOR TO ITS RENEWAL. We'll charge the recurring Subscription Fee to the payment method you've shared at registration (or any updated method you later provide). To end the Subscription Service, refer to the provided instructions or reach out to us at: support@MyStoryBookPublishing.com

• 4.4

  Overdue Accounts. Should any amount remain unpaid, My Story Book Publishing reserves the right to suspend or end access to the Service, encompassing sections that require payment. Apart from the outstanding amount for the Service, accounts in arrears may incur additional fees or charges related to the recovery of the due sum, including any collection fees.

5. Licenses

• 5.1

  Limited License. Subject to your complete and ongoing compliance with these Terms, My Story Book Publishing grants you, solely for your personal use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service.

• 5.2

  License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.

• 5.3

  Feedback. Should you decide to share insights or recommendations about issues or potential enhancements related to the Service (“Feedback”), you hereby authorize My Story Book Publishing to freely and indefinitely use this Feedback without any restrictions, obligations, or compensation. This includes using the Feedback to refine the Service and develop new offerings.

6. Ownership and Intellectual Rights

My Story Book Publishing owns and operates the Service. All components of the Service, including Content, visual designs, graphics, layout, information, data, computer code (be it source or object code), products, software, services, and other elements (collectively referred to as “Materials”) are safeguarded by intellectual property rights and other legal protections. These Materials are the exclusive property of My Story Book Publishing or its third-party licensors. Unless My Story Book Publishing explicitly grants permission, you are prohibited from utilizing the Materials. All rights not explicitly mentioned in these Terms remain reserved by My Story Book Publishing.

7. Third-Party Services and External Websites

Through the Service, My Story Book Publishing may offer tools that allow you, provided you are 18 or older, to transfer information, including User Content, to external third-party services. When utilizing these tools, you consent to My Story Book Publishing transferring this data to the respective third-party service. These third-party services are outside the purview of My Story Book Publishing, and to the maximum extent allowed by law, My Story Book Publishing disclaims any liability for how these services handle your transferred information. Additionally, the Service may include links to external websites. My Story Book Publishing does not oversee these linked sites and is not accountable for their content.

8. User Content

• 8.1

  User Content Generally. Certain features of the Service may permit users to upload content to the Service, including messages, reviews, photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.

• 8.2

  Limited License Grant to My Story Book Publishing. By providing User Content to or via the Service, you grant My Story Book Publishing a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.

• 8.3

  User Content Representations and Warranties. My Story Book Publishing disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:

• 1.

  you are the creator and owner of the User Content, all the pictures you submit to use and the voice samples we use have been provided by you or have the necessary licenses, rights, consents, and permissions to authorize My Story Book Publishing and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by My Story Book Publishing, the Service, and these Terms;

• 2.

  your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause My Story Book Publishing to violate any law or regulation; and

• 3.

  your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

• 4.

  Once we train our AI models, we discard your pictures, they will remain yours , in your device, not in our servers.

• 8.4

  User Content Disclaimer. My Story Book Publishing does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. We will not be in any way responsible or liable for User Content. My Story Book Publishing may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You acknowledge and agree that My Story Book Publishing reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time My Story Book Publishing chooses to monitor the content, My Story Book Publishing still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.

9. Prohibited Actions.

WHEN UTILIZING THE SERVICE, YOU COMMIT TO NOT:

• 1

  Employ the Service for any unlawful activities or in breach of any local, state, national, or international regulations.

• 2

  Infringe or prompt others to infringe on third-party rights, including infringing on or misusing intellectual property rights of others.

• 3

  Meddle with the Service's security features, which includes: i. Deactivating or bypassing features that restrict or prevent content use or duplication. ii. Reverse engineering or attempting to uncover the Service's source code, except when such actions are explicitly allowed by relevant law.

• 4

  Disrupt the Service's operations or a user's experience, such as: i. Disseminating malicious software like viruses, adware, spyware, or worms. ii. Proposing unsolicited offers or advertisements to another Service user. iii. Gathering personal details of another user or a third party without their consent. iv. Interfering or causing disturbances in any network, equipment, or server related to or used for the Service.

• 5

  Engage in deceitful practices, like impersonating someone else, falsely claiming an association, or accessing another user's Service account without consent.

• 6

  Sell or transfer the access granted by these Terms of service, or any Materials (as detailed in Section 6), or any rights or privileges to view, access, or use the Materials.

• 7

  Attempt, aid, or allow any individual to commit any of the actions listed in this Section 9.

10. Digital Millennium Copyright Act

• 10.1

  DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address: My Story Book Publishing LLC ATTN: COO 7655 SW 54TH CT Miami FL 33143 (305)9816298 Email: support@mystorybookpublishing.com
• Infringement Notice Requirements. If you believe that materials available on or through the Service violate intellectual property rights, the notification provided should contain the following details:

• 1.

  A digital or physical signature of the individual authorized to represent the copyright or other infringed rights' owner.

• 2.

  A clear description of the copyrighted material or other intellectual property you allege is infringed.

• 3.

  A detailed account of the potentially infringing content and its specific location within the Service.

• 4.

  Your contact information, including postal address, telephone number, and email.

• 5.

  A statement asserting that, in good faith, you believe the disputed use of the material within the Service is not sanctioned by the copyright holder, its representative, or the legal framework.

• 6.

  A declaration affirming that the information you've provided in your notice is precise and that you're either the intellectual property holder or have the authority to act on their behalf, with an understanding that submitting false claims can lead to penalties of perjury.

• 10.2

  Repeat Infringers. My Story Book Publishing will promptly terminate the accounts of users that are determined by My Story Book Publishing to be repeat infringers at our sole discretion.

11. Modification of these Terms

We may, from time to time, change these Terms. Changes will apply only on a going-forward basis, and any disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose. Please check these Terms periodically for changes. Unless otherwise stated, revisions will be effective upon posting except that, for existing users, we will provide reasonable advance notice of any material modifications of the Terms and the opportunity to review the changes. If you do not agree to the modified Terms, you may terminate your account prior to the effective date of the revised Terms by contacting support@mystorybookpublishing.com to terminate your account, and, if you have prepaid for any Services, request a pro rata refund for the remainder of your prepaid subscription. Except as expressly permitted in this Section, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.

12. Term, Termination and Modification of the Service

• 12.1

  Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 12.2.

• 12.2

  Termination. If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, My Story Book Publishing may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service at support@mystorybookpublishing.com

• 12.3

  Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay My Story Book Publishing any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 5.3, 6, 12.3, 13, 14, 15, 16, and 17 will survive.

• 12.4

  Service Alterations. My Story Book Publishing retains the authority to adjust or halt the Service at its discretion, either temporarily or permanently, without prior notice to users. My Story Book Publishing bears no responsibility for alterations made to the Service or for the suspension or cessation of your access or usage of the Service. The availability of Content can fluctuate based on time and geographic location. Consequently, the continued availability of any Content on the Service is not guaranteed..

13. Liability Coverage

In accordance with the maximum extent permitted by law, you are accountable for your interactions with the Service. You shall defend, indemnify, and hold harmless My Story Book Publishing and its leadership, staff, consultants, affiliates, subsidiaries, and agents (collectively referred to as the “My Story Book Publishing Entities”) against any claims initiated by third parties, along with all ensuing liabilities, damages, losses, and related expenses, inclusive of reasonable legal fees, due to or arising from: (a) misuse or unauthorized employment of the Service on your part; (b) breaches of these Terms, any related agreements, representations, warranties, or any relevant statutes or guidelines; (c) infringing on third-party rights, encompassing intellectual property, publicity, property, confidentiality, or privacy rights; or (d) any disagreements or issues between you and another party. We hold the right, at our expense, to oversee the exclusive defense and management of any matter you would otherwise be required to indemnify against. In such instances, you are expected to assist in the defense of such claims.

14. Disclaimers; No Warranties

Service Provision and Content. The Service, inclusive of all materials and content accessible within it, \is provided on an "as-is" and "available" basis. My Story Book Publishing negates all warranties, explicit or inferred, connected to the Service and all content and materials accessible via the Service, such as: (A) any implicit warranties of marketability, suitability for a specific purpose, title, non-infringement, or unhindered enjoyment; and (B) any warranties emerging from transaction conduct, common usage, or practice. My Story Book Publishing cannot guarantee uninterrupted, error-free, secure service or that the Service is devoid of harmful elements like viruses. Nor does it promise to remedy any potential flaws or issues. Any guidance or data, be it spoken or documented, acquired from the Service or My Story Book Publishing Entities or any content accessible via the Service will not constitute a warranty not explicitly detailed in these Terms. You acknowledge and accept the responsibility of utilizing the Service at your own judgment and hazard. We are not liable for any damage to your assets (like your computer system or mobile device used concerning the Service) or any data loss, inclusive of User Content. This section's limitations, exclusions, and disclaimers are enforced to the broadest scope permitted by applicable laws. My Story Book Publishing will not revoke any warranty or right that cannot be renounced under prevailing law.

15. Limitation of Liability

Limitation of Liability. In accordance with the maximum extent permitted by law, the My Story Book Publishing Entities will not be accountable to you for any indirect, incidental, consequential, special, or punitive damages. This includes, but is not limited to, losses in profits, goodwill, or other non-tangible losses that might arise from your use or inability to use the Service, its content, or materials. This applies irrespective of the foundation of the claim, be it warranty, contract, tort, statute, or other legal bases. This stands even if a My Story Book Publishing Entity has been made aware of potential damages. Unless explicitly stated in Section 16.5 and in line with the greatest extent permitted by law, the combined liability of My Story Book Publishing Entities to you for all claims, be they related to the Service's use or otherwise, whether rooted in contract, tort, or other doctrines, is confined to the larger of: (A) the sum you've remitted to My Story Book Publishing for the Service access and usage in the year before the event leading to the claim; or (B) $100. The clauses of these Terms that establish a liability limitation, disclaim warranties, or exclude damages are designed to distribute risks between you and My Story Book Publishing under these Terms. This distribution is a crucial aspect of the agreement between both parties. All of these provisions function independently and are detachable from the rest of these Terms. The limitations detailed in this Section 15 are applicable even if any restricted solution doesn't achieve its primary intent.

16. Dispute Resolution and Arbitration

• 16.1

  Generally. Scope of Agreement: With the aim to address and resolve disagreements between you and My Story Book Publishing swiftly and cost-effectively, you and My Story Book Publishing both concur, except as specified in Section 16.2 and 16.3, that any dispute emerging from or in relation to these Terms will be settled through binding arbitration. It's essential to note that arbitration is a more informal process compared to traditional court lawsuits. Instead of a judge or jury, disputes in arbitration are reviewed and decided upon by an impartial arbitrator. The arbitration process might have restricted discovery compared to courts and is usually subject to very limited oversight by courts. The outcomes and rewards determined by arbitrators are comparable to those that can be decided in court. Nature of Claims: The agreement to arbitrate encompasses any and all claims resulting from or associated with any facet of these Terms. This includes claims rooted in contract, tort, statute, fraud, misrepresentation, or any other legal doctrine, irrespective of when the claim surfaces, be it before or post the termination of these Terms. Waiver of Rights: It's vital for you to grasp and acknowledge that when you agree to these Terms, both you and My Story Book Publishing are relinquishing certain rights. Specifically, you are both giving up the right to pursue legal action in a court which would involve a jury trial. Additionally, you are forfeiting the right to join in any class action lawsuits against each other. This means any dispute will be handled on an individual basis, rather than as part of a larger group or class action.

• 16.2

  Exceptions. Small Claims Court: Notwithstanding the stipulations in Section 16.1, both parties retain their respective rights to initiate individual proceedings in a small claims court. Such proceedings are typically for disputes that fall within the monetary limits set by such courts. Regulatory Enforcement: Both you and My Story Book Publishing reserve the right to proceed with enforcement actions via appropriate federal, state, or local agencies when such avenues are open. The arbitration agreement doesn't impede or restrict your ability to seek remedies through these regulatory channels. Injunctive Relief: In cases where there's a necessity to prevent ongoing or imminent harm, both parties retain the right to seek injunctive relief in a court of law. This is to aid and complement the arbitration process. Such relief is a way to prevent or restrain actions while the primary dispute is resolved through arbitration. Intellectual Property Claims: If there's an assertion or complaint related to the infringement of intellectual property rights, such as copyright, trademark, or patent infringements, either party retains the right to initiate a lawsuit in a court of law. The arbitration agreement does not limit or waive this specific right, recognizing the specialized nature of such claims.

• 16.3

  Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 16 within 30 days after the date that you agree to these Terms by sending a letter to My Story Book Publishing, LLC, Attention: Legal Department 7655 SW 54th CT, Miami Fl 33143, that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once My Story Book Publishing receives your Opt-Out Notice, this Section 16 will be void and any action arising out of these Terms will be resolved as set forth in Section 17.2. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.

• 16.4

  Arbitrator. Any arbitration between you and My Story Book Publishing will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting My Story Book Publishing. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

• 16.5

  Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). My Story Book Publishing’s address for Notice is: My Story Book Publishing 7655 SW 54th Ct, Miami Fl 33143. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or My Story Book Publishing may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or My Story Book Publishing must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by My Story Book Publishing in settlement of the dispute prior to the award, My Story Book Publishing will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.

• 16.6

  Fees. If you commence arbitration in accordance with these Terms, My Story Book Publishing will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Miami Dade County, State of Florida but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse My Story Book Publishing for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

• 16.7

  No Class Actions. Individual Capacity: The agreement between you and My Story Book Publishing underscores that any legal actions or claims brought forward by one party against the other must be made in the individual capacity of that party. This means neither you nor My Story Book Publishing can initiate or participate in any lawsuit as a representative plaintiff or as a member of a class in a class action lawsuit. No Class or Representative Proceedings: The arbitration process laid out in the prior sections is solely designed for individual disputes. The arbitrator, therefore, is barred from consolidating multiple people's claims into a single case. Additionally, the arbitrator cannot oversee or adjudicate any case that is representative in nature or resembles a class action, unless both you and My Story Book Publishing provide explicit consent for such a format. Consent Requirement: Any deviation from the above provisions, such as consolidating claims or allowing representative proceedings, can only occur if there is mutual agreement between you and My Story Book Publishing. Without such unanimous agreement, the set arbitration rules, emphasizing individual claims, stand firm.

• 16.8

  Modifications to this Arbitration Provision. If My Story Book Publishing makes any future change to this arbitration provision, other than a change to My Story Book Publishing’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to My Story Book Publishing’s address for Notice of Arbitration, in which case your account with My Story Book Publishing will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

• 16.9

  Enforceability. If Section 16.7 or the entirety of this Section 16 is found to be unenforceable, or if My Story Book Publishing receives an Opt-Out Notice from you, then the entirety of this Section 16 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 17.2 will govern any action arising out of or related to these Terms.

17. Miscellaneous

• 17.1

  General Terms. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and My Story Book Publishing regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

• 17.2

  Governing Law. These Terms are governed by the laws of the State of Florida without regard to conflict of law principles. You and My Story Book Publishing submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Miami Dade County, Florida for resolution of any lawsuit or court proceeding permitted under these Terms. We operate in Florida, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.

• 17.3

  Privacy Policy. Please read the My Story Book Publishing Privacy Policy carefully for information relating to our collection, use, storage, disclosure of your personal information. The My Story Book Publishing Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

• 17.4

  Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the "Additional Terms"). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

• 17.5

  Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

• 17.6

  Marketing Communications. We may send you emails concerning out products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.

• 17.7

  Contact Information. The Service is offered by My Story Book Publishing, LLC. located at 7655 sw 54th Ct miami Fl 33143. You may contact us by sending correspondence to that address or by emailing us at support@getMy StoryBookPublishing.com.

• 17.8

  Notice to Notice to Florida Residents. If you are a Florida resident, you may contact the Division of Consumer Services of the Florida Department of Agriculture and Consumer Services in writing at 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, or by telephone at (800) 435-7352 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

• 17.9

  No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.

• 17.10

  International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.

18. Notice Regarding Apple.

This Section 18 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and My Story Book Publishing only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.