TERMS AND CONDITIONS

Welcome to our website. Please read these Terms and Conditions (“Terms”) carefully before using the ourtimecapsule.org website (“Website”). The term ‘Once Upon Our Time Capsule’ or ‘us’ or ‘we’ refers to the owner(s) of the Website. The term ‘you’ refers to the user or viewer of the Website.

Your right to access or use the Website is conditioned upon your agreement to abide by these Terms in their entirety, as well as any other terms and conditions communicated to you by us. By using the Website in any manner, you agree to all such terms and conditions contained or referenced in these Terms.

We reserve the right, at our sole discretion, to modify or change these Terms at any time without prior notice to you. Changes to these Terms will become effective upon such changes being posted to the Website. It is your obligation to periodically check these Terms at the Website for changes or updates. The last date on which these Terms were updated is listed at the top of this document. Your continued use of the Website following the posting of any changes or updates to the Terms will be considered your acceptance of the changes and your agreement to abide by and be bound by the revised Terms.

Your Acknowledgments

By using the Website, you represent and warrant that you are 18 or older - or you are using the Website with the approval of a parent or legal guardian and that you agree to, and to abide by, these Terms. If you are the parent or legal guardian of a child user of the Website who is under the age of 18, you represent that (i) you have the authority to agree to these Terms on behalf of your child user, (ii) your child user will comply with the Terms, and (iii) your child user has your explicit consent and approval to participate in Once Upon Our Time Capsule programming, including having their Materials (as defined below) submitted to the digital “Time Capsule”.

Intellectual Property Ownership

You agree and understand that all content, including text, video, images, software code, products, and services, that are provided on the Website are the property of Once Upon Our Time Capsule, including all associated copyrights and other intellectual property. You also understand that you may not use, reproduce, or distribute any Once Upon Our Time Capsule intellectual property in any way, without our explicit consent.

Further, you hereby grant to Once Upon Our Time Capsule, without any payment or reimbursement, a perpetual and irrevocable license to use, distribute, reproduce, and make derivative works from, your (or if you are agreeing to these Terms on behalf of a child user, your child user’s) name, statements, audio recordings, photographs, images and any other materials that are submitted to Once Upon Our Time Capsule (collectively, the “Materials”), for any purpose, including for programmatic and promotional purposes. You hereby understand and acknowledge that Once Upon Our Time Capsule may distribute, sell, sublicense, market, and advertise the Materials and may at its discretion edit or otherwise alter the Materials.

Usage Restrictions

You may not use the Website except as permitted under these Terms. You will not: copy, alter, adapt, reproduce, republish, reverse engineer, or create derivative works from any content provided on the Website. Further, you will not use the Website to commit or enable any unlawful acts, transmit or distribute any malicious code, infringe upon any other person’s proprietary rights, or send any unsolicited advertising or promotional material.

Limitation on Liability

OTHER THAN AS EXPRESSLY LISTED IN THESE TERMS, ONCE UPON OUR TIME CAPSULE EXPRESSLY DISCLAIMS ALL WARRANTIES IN RELATION TO THE WEBSITE, INCLUDING ANY WARRANTY RELATED TO TITLE, NON-INFRINGEMENT, IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT NARROWING OUR GENERAL DISCLAIMER, WE SPECIFICALLY DISCLAIM ANY WARRANTIES RELATED TO THE AVAILABILITY OF THE WEBSITE OR THE APPROPRIATENESS, EFFICACY OR ACCURACY OF ANY CONTENT OR MATERIALS THAT ARE PROVIDED ON THE WEBSITE. THE WEBSITE IS DELIVERED TO YOU “AS-IS” AND “AS-AVAILABLE” AND WE MAY UPDATE OR REMOVE CONTENT PROVIDED ON THE WEBSITE WITHOUT PRIOR NOTICE TO YOU.

Your use of the Website is entirely at your own risk. In no event shall Once Upon Our Time Capsule, its affiliates, agents or contractors be liable for any consequential, punitive, incidental, or special damages, including, but not limited to, loss of profits, lost opportunities, or unauthorized disclosure of your Materials, whether in any action in warranty, contract, tort, breach of contract, negligence, strict liability, malpractice, or otherwise resulting from your use of the Website, whether or not we were made aware of the possibility of such damages. To the fullest extent provided by applicable law, our maximum aggregate liability related to your use of the Website or any other Once Upon Our Time Capsule programming, for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, will not exceed an amount of $[50].

Further, you hereby agree to indemnify, defend, and hold harmless Once Upon Our Time Capsule, and its employees, contractors, and agents from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, suits, fees (including attorneys’ fees and expert fees), and costs of any kind whatsoever arising directly or indirectly out of or in connection with: (1) your use of the Website; (2) your actions (or inaction) taken in connection with any information contained on the Website; or (3) your breach of these Terms.

Governing Law and Venue

Any disputes between you and Once Upon Our Time Capsule related to these Terms and your interactions with any Once Upon Our Time Capsule programming, will be decided in a state or federal court located in Cook County, Chicago under the laws of the state of Illinois. You hereby expressly waive your right to a trial by jury, and to participate in a class action, class arbitration, or other representative proceeding with respect to any claim related to these Terms or any of your interactions with any Once Upon Our Time Capsule programming.

Contact Us

If you have any questions about these Terms, please contact hello@ourtimecapsule.org