Airstory Terms & Conditions
Last Updated: September 23, 2020
Please read these Terms and Conditions ("Terms") carefully before using the Airstory Services ("Service").
Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these Terms and Conditions, in whole or in part, or if you are under age 13, you may not, under any circumstances or for any reason, use the Service.
Subscriptions
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle") until you cancel your subscription. Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Wiebe Marketing Ltd. cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Wiebe Marketing Ltd. customer support team at support@airstory.co.
A valid payment method, including a credit card, is required to process the payment for your Subscription. You shall provide Wiebe Marketing Ltd. with accurate and complete billing information including full name and a valid payment method information. By submitting such payment information, you automatically authorize Wiebe Marketing Ltd. to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Wiebe Marketing Ltd. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Free Trial
Wiebe Marketing Ltd. may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by Wiebe Marketing Ltd. until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, Wiebe Marketing Ltd. reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Fee Changes
Wiebe Marketing Ltd., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Wiebe Marketing Ltd. will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Refunds
Except when required by law, paid Subscription fees may be refunded on a case-by-case basis. Please make all requests for a refund to support@airstory.co.
Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Your Stuff"). In order to enable Airstory Services to operate as expected, we must obtain from you certain limited license rights to process Your Stuff that may be covered by intellectual property rights so that technical actions we take in operating Airstory Services are not considered legal violations. For example, copyright laws could prevent us from processing, maintaining, storing, backing-up and distributing certain works of Your Stuff, unless you give us these rights. Accordingly, by posting Your Stuff with Airstory Services, you grant us the right and license to use, modify, perform, display, reproduce and distribute Your Stuff on and through the Service (I.e., in order that Your Stuff is viewable on mobile devices as well as computers). You also agree that Airstory Services has the right to elect not to accept, post, store, display, publish or transmit Your Stuff in our sole discretion.
You agree that these limited license rights are royalty-free, transferable, sub-licensable, worldwide and irrevocable (for so long as Your Stuff is stored with us), and include a right for Airstory Services to make Your Stuff available to, and pass these rights along to, others with whom Airstory has contractual relationships related to the provision of Airstory Services, solely for the purpose of providing such services, and to otherwise permit access to or disclose Your Stuff to third parties if Airstory determines such access is necessary to comply with its legal obligations.
If you elect to use any third party service or application that is integrated with Airstory Services, you also agree that the licenses granted to Airstory Services in the previous paragraph shall apply to Your Stuff that is submitted or uploaded through such third party service or application. If the third-party service or application you elect to use would access or extract Your Stuff, you grant Airstory Services the right and license to enable third party access to and extraction of Your Stuff. Airstory Services does not assume any responsibility for, or liability on account of, the actions or omissions of such third-party applications or service providers.
You are responsible for Your Stuff that you post to the Service, including its legality, reliability, and appropriateness.
We reserve all rights to block or remove communications or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, intellectual property right of another or; (d) offensive or otherwise unacceptable to us in our sole discretion.
You acknowledge that, by providing you with the ability to view and distribute user-generated content on Airstory Services, we are merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities with Airstory Services.
You can find more information about how Airstory Services uses and stores Your Stuff in our Privacy Policy and Data Storage and Security.
Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Intellectual Property
The Service, including but not limited to text, images, graphics or code, are the property of Wiebe Marketing Ltd. and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of Wiebe Marketing Ltd. or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.
Modification of Services
We retain the right, in our sole discretion, to implement new elements as part of and/or ancillary to the Services, including changes that may affect the previous mode of operation of the Services. We expect that any such modifications will enhance the overall Airstory Service, but it is possible that you may not agree with us.
You also acknowledge that a variety of Airstory actions may impair or prevent you from accessing Your Stuff or using Airstory Services at certain times and/or in the same way, for limited periods or permanently, and agree that Airstory has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any of Your Stuff.
You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Services. However, if you are a paid subscriber ("Paid Service") and find that any such modifications or interruption of the Paid Service adversely affects you, you may notify our Customer Support team, explain the adverse impact the modification has created and, if you desire, request a termination of your Paid Service. Upon receipt of any such request, we will endeavour to promptly remedy the adverse impact caused by the modification, extend the duration of your Paid Service subscription for a period of time equal to the interruption and/or refund a portion of your Paid Service subscription fee equal to the remaining unused term of the Paid Service subscription, as we determine appropriate or as may be required by applicable law.
Links To Other Web Sites
The Service may contain links to third-party web sites or services that are not owned or controlled by Wiebe Marketing Ltd..
Wiebe Marketing Ltd. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Wiebe Marketing Ltd. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.
All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
Indemnification
You agree to indemnify, defend and hold harmless Wiebe Marketing Ltd., its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands.
These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.
Limitation Of Liability
Wiebe Marketing Ltd., its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iiv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer And Non-Waiver of Rights
Wiebe Marketing Ltd. makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.
Wiebe Marketing Ltd. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
If you breach any of these Terms and Wiebe Marketing Ltd. chooses not to immediately act or chooses not to act at all, Wiebe Marketing Ltd. will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Wiebe Marketing Ltd. does not waive any of its rights. Wiebe Marketing Ltd. shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
Exclusions
As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and services provided.
Governing Law
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Alberta and the laws of Canada, as applicable.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is significant we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a significant change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Want to contact us about our Terms and Conditions? Please address all issues to support@airstory.co.