Terms of Use

 

Welcome to Our Journey Our Stories

Introduction

Our Journey Our Stories is a publication site that features stories through articles and videos to share authentic perspectives of different individuals in hope of encouraging and inspiring viewers while providing businesses with an additional digital presence.

Service Provider

The entity providing the Services as set out below is STARK MEDIA PTE. LTD. (UEN 202112011G) with its place of business at 70 Shenton Way, #21-03, Eon Shenton, Singapore 079118 (“We, “Us”, or “OJOS”).

Our Services

OJOS distributes Content submitted by contributors (“You”, or “Content Contributor”) via the Our Journey Our Stories website (https://ourjourneyourstories.com/)  (the “OJOS Site”), related domains (including but not limited to the OJOS Site), mobile applications, television applications, and OJOS-branded pages, channels and programming belts on third party social and media platforms (collectively, the “Service”).

Applicable Terms

By submitting Content for publication to Us, You are a user of the Service and you (“You“, or , “Story Contributor“) agree to these Terms of Use (“Terms” or “Agreement”), the Privacy Policy and any other policy as may be updated on the OJOS Site from time to time.

Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Service.

If you have executed a separate Agreement relating to the publication of your Content in accordance with the Service (eg. in exchange for sponsorship), your Agreement will prevail to the extent of any conflict with these Terms of Use.

Who may use the service?

Age Requirements

You must be at least of the legal age of majority in your territory of residence to use the Service.

Businesses

If you are using the Service on behalf of a company or organisation, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.

Your Content

Submission

For the purpose of these Terms of Use, you “submit” Content by providing us the link to the content via this form, by emailing your Content directly, or by any other method as listed on the OJOS Site.

Your Content

OJOS provides a curated selection of Content. You acknowledge and agree that by submitting the Content, OJOS is thereby granted approval (but has no obligation to) review, publish or other distribute the Content submitted by You.

By submitting Content to the Service for consideration, you must not submit any Content that does not comply with this Agreement or the law. Without limitation, you therefore warrant that:

  1. You have the authority to submit the Content for our consideration. You are either the owner of all applicable rights in the Content, or have obtained the necessary permissions, consents and/or licenses the owner(s) of those rights to enter into this Agreement and submit the Content to us. If there is more than one owner of the rights, you also confirm that you have the authority to enter into this Agreement on behalf of all the owners with their full knowledge and permission.
  2. The Content (i) does not infringe any rights of publicity or privacy, moral rights or intellectual property rights, including any music-related rights, (ii) is not defamatory or indecent, (iii) does not violate any applicable law or regulation (that is, is not illegal), or (iv) does not otherwise violate any rights of any person or entity. We stress that plagiarism, copying and infringement of the intellectual property and other rights of others is not acceptable.
  3. There is no pending or anticipated litigation regarding the Content. This includes you not having received any third party claims or notices.

For avoidance of doubt, you acknowledge and agree that you are responsible for bearing any payments, fees, licenses or expenses, or any other payments to third parties in relation to the Content, and indemnity us for such payments, fees, license or expenses in full (and all related claims).

Grant of Rights

You retain all ownership rights in your Content. However, you grant certain rights to us and in order to enable us to deliver the Services:

A. A perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that Content in connection with the Service (including to publish, distribute, display, reproduce, perform, transmit, copy, edit, archive, (“Usage Rights”) and do such other acts reasonably incidental to offering the Content through the Service and its third party partners such as film festivals, social media platforms and entertainment partners such as TV broadcasters and OTT platforms (“Third-Party Partners”) in accordance with these Terms, and for so long as this Agreement continues in force;

B. The Usage Rights as necessary to market and promote your Content (including on third-party media platforms such as YouTube), including creating short clips, trailers, stills and other material based on or connected with your Content. We shall create any such marketing and promotional content at no cost to you. For avoidance of doubt, this marketing and promotion consent does not authorise us to make the Content publicly available in full for promotional purposes.

C. The right to grant a sub-license the Usage Rights on your behalf to any third party platform, whether digital or film festivals, for such third party platform to publicise the Content. We warrant that we will appropriately limit such grants and sensitively manage the use and display of the Content by such third parties, including providing you with due credit, and will inform you in the event the Content is considered for any Third-Party Platforms or film festivals, or if any further personal involvement may be involved (for example, for awards ceremonies).

D. To use reasonably reproduce, edit, modify, publish and otherwise use the Content for the purpose of promoting and redistributing part or all of the Service such as creation of marketing videos and content, provided that the marketing content is clearly identifiable as such.

The above rights are granted in consideration of us providing the Service and no further payment will be due from us to you in relation to the Content, except where otherwise expressly agreed in writing. For avoidance of doubt, you continue to own the Content and may continue to exploit the Content on a non-exclusive basis.

We will not monetise your Content on platforms such as Youtube and Facebook unless you explicitly agree to it by checking the “Allow distribution via ad-supported OJOS channels on platforms such as Youtube and Facebook” box below.

Should you have any past or existing distribution or commercial deals that may be in conflict with the rights required for this Agreement and are uncertain if you can proceed, please email submit@OJOS.com for further advice.

Television Rights

If you are unable to grant certain rights such as television rights in accordance with the section above, you may indicate this under the Notes section in the submission form.

Content Protection

As part of our efforts to protect our partners’ rights in their Video Stories, and as a certified partner of YouTube, Facebook, and other media channels, we may enable automated content protection tools to prevent or track any piracy or unauthorised usage of your Content. You authorise us to protect your Content via any content protection tool available to us.

To prevent or correct any errors by the automated tools in claiming against your own media channels, such as on YouTube and Facebook, please contact us at submit@OJOS.com for rectification.

On YouTube, for example, this is its Content ID system. Such content protection tools can help track unauthorized online usage of your Content) on the respective social media channel by comparing potentially unauthorized material against a known reference copy that we can upload into the tool.

Removing Content

As set out another, the Content is made available on the OJOS Site and other related platforms at our discretion. We reserve the right to remove the Content from the Service at our sole discretion for any reason without notifying you, including but not limited to third-party copyright claims.

Using the Service

Your Information

Our Privacy Policy explains how we treat your personal data and protect your privacy in using the Service. We will process the Content submitted by You to the Service in accordance with the Privacy Policy.

Reservation

For avoidance of doubt, submitting Content or otherwise using the Service does not give you ownership of or rights to any aspect of the Service.

Changes to the Service

We may and reserve the right to make modifications or changes (to all or part of the Service) without notice such as adding or removing features and functionalities, offering new digital content or services or discontinuing old ones. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, make changes to comply with law, or prevent illegal activities on or abuse of our systems.

Other Terms

Term and Termination

This Agreement shall be valid indefinitely from the date that the Content is submitted to the Service.

No Warranty

YOU ACKNOWLEDGE THAT WE WILL MAKE REASONABLE EFFORTS TO MARKET AND PROMOTE YOUR CONTENT IN WAYS THAT WE SEE FIT. HOWEVER, YOU UNDERSTAND THAT WE OFFER OUR SERVICES ON AN “AS-IS” BASIS AND OFFES YOU NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING THE STANDARD OF OUR SERVICES, OR ANY GUARANTEE AS TO OUTCOME OR RESULTS, FINANCIAL OR OTHERWISE, THAT MAY RESULT. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT PROVIDED THROUGH THE SERVICE; (B) THE SPECIFIC FEATURES OF THE SERVICE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICE.

Limitation of Liability

YOU ACKNOWLEDGE THAT EXCEPT AS REQUIRED BY APPLICABLE LAW, WE, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:

  1. ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICE;
  2. PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE;
  3. ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE;
  4. ANY INTERRUPTION OR CESSATION OF THE SERVICE;
  5. ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; AND/OR
  6. THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.

THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, OJOS AND ITS AFFILIATES’ TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF: (A) THE AMOUNT THAT OJOS HAS PAID TO YOU FROM YOUR USE OF THE SERVICE IN THE 12 MONTHS BEFORE THE DATE OF YOUR NOTICE, IN WRITING TO OJOS, OF THE CLAIM AND (B) USD $500. YOU AGREE THAT OJOS SHALL NOT BE LIABLE TO YOU (OR ANY OTHER OWNER OR LICENSOR OF THE VIDEO STORY(S), OR ANY OTHER PERSON) FOR ANY CLAIMS FOR PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOST PROFITS OR ECONOMIC LOSS.

Indemnification

You agree to defend, indemnify and hold harmless OJOS, as well as its directors, officers, employees and licensees against any loss, liability, damage or expense suffered or incurred relating to:

(i) your breach or threatened breach of these Terms, including in particular, in relation to third party claims for intellectual property infringement, moral rights, or defamation;

(ii) your use of and access to the Service;

(iii) any claim that your Content caused damage to a third party.

This defence and indemnification obligation will survive this Agreement and your use of the Service.

Independent Contractors

Nothing herein shall be deemed to constitute either party the agent or partner, legal representative, or employee of the other, nor create any fiduciary relationship between the parties, who remain independent contractors. To the extent that we assisting you in engaging with third party platforms or with potential business partners, we may be your agent for those limited purposes only.

Assignment; Change of Control

These Terms will be binding upon and will inure to the benefit of each party and each party’s respective transferees, successors and assigns. This Agreement and the rights hereunder may be assigned by OJOS to a person or entity who acquires substantially all of OJOS’s assets, stock or business by sale, merger or otherwise. OJOS shall also have the right to assign this Agreement or any of the rights hereunder to any of our affiliates. You may assign or transfer this your rights and obligations under this Agreement with our prior written consent.

Severability, Headings

If any provision of this Agreement shall be prohibited by or adjudged by a court to be unlawful, void or unenforceable, such provision shall be to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement and shall not in any way affect any other provisions of this Agreement or the validity or enforcement of this Agreement. Headings in this Agreement shall only be for ease of reference and shall not affect the construction or interpretation of the Agreement.

Waiver

No failure or delay on the part of OJOS relating to the exercise of any right, power, privilege or remedy provided under this Agreement shall operate as a waiver of such right, power, privilege or remedy or as a waiver of any preceding or succeeding breach by another party to this Agreement nor shall any single or partial exercise of any right, power, privilege, or remedy provided in this Agreement all of which are several and cumulative and are not exclusive of each other’s rights or remedies otherwise available to a party at law or in equity.

Entire Agreement

This Agreement incorporates the following documents by reference:

  1. Terms of Use
  2. This Agreement constitutes the entire understanding between OJOS and you concerning the subject matter hereof and supersedes all prior agreements, understandings and communications regarding the same.

This Agreement constitutes the entire understanding between OJOS and you concerning the subject matter hereof and supersedes all prior agreements, understandings and communications regarding the same.

Changes to the Terms of Use

We reserve the right to modify these Terms of Use at our sole discretion. If we do so, we will publish an update, which may include one or more email notifications, and give you at least thirty days’ notice. The revised version will take effect upon such a notice. Any revised version of the Terms of Use will supersede the previous version. If you do not agree to a revised version of the Terms of Use, please notify us by email immediately. You can check the date of each version below.

Governing Law, Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Singapore, without regard to the conflicts of laws provisions thereof. OJOS and you irrevocably submit any disputes in relation to this Story Contributor Agreement to the exclusive jurisdiction of the Singapore Courts and agree to try in good faith to resolve any disputes before resorting to litigation.

This Agreement was last modified on 8th Jan 2023.