Last Updated: March 1, 2020

Welcome to StoryCube!

StoryCube is a sampling community operated by Exhibit Advertising. These Terms of Use (“Site Terms”) are a legal contract with us and govern your access to, and use of, our internet properties located at StoryCube.ca, including any mobile-optimized version and/or application (collectively, the “Sites”), operated by Exhibit Advertising.

Please take time to understand these Site Terms. By accessing or using the services and products made available or enabled via the Sites, clicking “I Accept”, or completing the registration process, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE LEGALLY BOUND BY THE SITE TERMS, (2) EXPRESSLY CONSENT TO THE COLLECTION, USE AND STORAGE OF YOUR INFORMATION AS OUTLINED IN OUR PRIVACY POLICY, AND (3) YOU ARE OF LEGAL AGE IN YOUR JURISDICTION TO FORM A BINDING CONTRACT WITH STORYCUBE. If you do not agree to be bound by the Site Terms, you may not access or use the Sites.

These Site Terms apply solely to your access to and use of the Sites, and do not alter in any way the terms or conditions of any other agreement you may have with StoryCube for other products or services.

THESE SITE TERMS REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. IF YOU ARE A RESIDENT OF CANADA, THESE TERMS INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS.

1. Changes

Sometimes we might need to change, update, add or remove provisions of these Site Terms, for example, to reflect changes to the law or to our internet properties. If we do, then we will notify you by posting a notice on the Sites, or depending on your account status, via email or the next time you login to the Sites, all of the above at StoryCube’s sole discretion. By using the Sites after StoryCube has updated the Site Terms, you understand that you will be accepting and are agreeing to all the updated Site Terms. If you don’t agree with any of the updated Site Terms, then please do not visit or use the Sites again. Before continuing to use the Sites following changes to these Site Terms you will be asked to accept the modified terms of use. 

StoryCube reserves the right to refuse any user access to the Sites without notice for any reason, including, but not limited to, any violation of the Site Terms. You agree that StoryCube may suspend or discontinue the Sites (or any feature, service, campaigns, or content thereof) or change the content of the Sites at any time, for any reason, with or without notice, and without liability. 

Also, please know that these Site Terms may be superseded or complemented by expressly-designated legal notices or additional legal terms located on particular features or products of the Sites. These expressly-designated legal notices or terms are incorporated into these Site Terms and supersede the provision(s) of these Site Terms that are designated as being superseded.

2. Privacy

Personal information that you share with us is subject to our Privacy Policy and Cookies Policy, the terms of which are incorporated herein form part of these Site Terms. Please review our Privacy Policy and Cookies Policy to understand our practices.

You should be aware that any personal information you submit as a contribution to the Sites in a forum viewed by others may become publicly available. We are not responsible for the personal information that you choose to include in such submitted content. Please do not share information.

3. General Use and Accounts

(a) Visitors. Visitors of the Sites are able to view public information on the Sites without registration. However, in order to access certain features of the Sites (including to be eligible to receive samples) you will be required to become a member or registered user. For purposes of the Site Terms, a “member” or “registered user” is a user of the Sites who has registered an account with us (“Account”), or has a valid account on the social networking service (“SNS”) through which the user has connected to the Site Terms (each such account, a “Third-Party Account”).

(b) Eligibility. You must be 19 years of age or older to be able create an Account and become a member. We have the right to determine which members are eligible to participate in any of the campaigns (sometimes called “programs”) we offer. We can also remove a member from a campaign at any time for any reason.

(c) Access through Social Networking Sites. If you access the Sites through a SNS as part of the functionality of the Sites, you may link your Account with Third-Party Accounts, by allowing StoryCube to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to StoryCube and/or grant StoryCube access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating StoryCube to pay any fees or making StoryCube subject to any usage limitations imposed by such third-party service providers. By granting StoryCube access to any Third-Party Accounts, you understand that StoryCube may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Sites (“Content”) that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Sites via your Account. Unless otherwise specified in the Site Terms, all SNS Content shall be considered to be Your Contributions (as defined in Section 5) for all purposes of the Site Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Sites. Please note that if a Third-Party Account or associated service becomes unavailable or StoryCube’ access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Sites. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND StoryCube DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. StoryCube makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and StoryCube is not responsible for any SNS Content.

(d) Registration Data. In registering for the Sites, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Sites’ registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least nineteen (19) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using the Sites under the laws of any applicable jurisdiction. You are responsible for all activities that occur under your Account (Please refer to Section 7 below). If you provide any information that is untrue, inaccurate, not current or incomplete, or StoryCube has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, StoryCube has the right to suspend or terminate your Account and refuse any and all current or future use of the Sites (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform or SNS at any given time. StoryCube reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the Sites if you have been previously removed by StoryCube, or if you have been previously banned from any of the Sites.

4. Third party websites

The Sites include links to other material or websites which are operated by third parties, including social networking sites (such as Facebook, Instagram, Twitter) or our clients’ websites (all of which are “Third Party Sites”). We do not control and are not responsible for the content or materials on Third Party Sites or any loss or damage that you suffer by accessing Third Party Sites. You should take some time to familiarize yourself with the terms and conditions and policies of any Third Party Sites and applications you access from the Sites.

5. Sharing your contributions and other content

In addition to personal information, you may share other information in connection with the Sites.

By submitting ideas, suggestions or comments (“Contributions”) to StoryCube via our Sites or other sites that you choose to link to your account(s) or that can be viewed by the public, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) StoryCube is not under any obligation of confidentiality (express or implied) with respect to your Contributions; (c) StoryCube and our clients can use or disclose (or choose not to use or disclose) your Contributions for any purpose, in any way, in any media worldwide; and (d) you are not entitled to any compensation or reimbursement of any kind from us or any of our clients under any circumstances.

By posting Contributions to our Sites or on Third Party Sites that you choose to link to your Account or that can be viewed by the public, you represent that you own or have the right to use all of the content and information you post. Although you will continue to own your Contributions, when you publish contributions to our Sites or these Third Party Sites, you agree not to use it for commercial purposes and you are allowing us and our clients to access and use that information in accordance with these Site Terms.

For content that is covered by intellectual property rights (including photos and videos) you grant us a non-exclusive, sub-licensable, royalty-free, perpetual, worldwide license to use, host, store, reproduce, display, adapt, modify, create derivative works of and translate this content on any media, including but not limited to paper, audio, audio-visual, electronic, digital, online, cable or satellite media. This license shall be granted for information and/or commercial purposes, notably the purpose of operating, improving and promoting StoryCube and StoryCube within the scope of functions provided to you by us and our clients’ own marketing communications such as via the internet, social media, television, etc. For example, our client could create an ad using content that you have placed on the Sites.

You, and not us, are entirely responsible for all Contributions that you upload, post, email, transmit or otherwise make available via the Sites.

We do not have any obligation to review the contributions posted to the Sites, but you understand that StoryCube or our clients may refuse to post or remove any of your Contributions at our sole discretion.

6. Rules of Conduct and your commitment to other people’s rights StoryCube’ respects other people’s rights, and expects you to do the same. StoryCube need your help to keep the Sites safe, which includes the following commitments by you:

You will not knowingly interfere with anyone else’s use or enjoyment of the Sites or with their personal computer equipment (e.g. in order to fraudulently access another member’s account) (and including without limitation using “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation).

You will not post content that is of a hoax, nuisance, abusive, indecent, obscene, defamatory, menacing, offensive or otherwise of illegal nature.

You will not post content which infringes or violates the rights (such as the intellectual property or privacy rights) of another person or otherwise violates the law.

You will not post unauthorized commercial communications on the Sites or use (or license others to use) any content posted to the sites (including your own) for any commercial purpose.

You will not use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software, code or other device designed to scrape or collect information, modify or interfere with the Sites.

You will not attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including, but not limited to, StoryCube employees.

You will not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Sites, or to obtain any information from the Sites using any method not expressly permitted by StoryCube, except to the extent that such activities may not be prohibited by law.

Any use of the Sites in violation of the limitations set out in this Section is strictly prohibited, can result in the immediate revocation of your membership and may subject you to liability for violations of law. StoryCube reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Site Terms or the Sites itself.

We respect other people’s rights, and expect you to do the same. We need your help to keep our site safe, which includes the following

7. Staying safe and secure online

Once you become a member of StoryCube you will have an Account and login details. You are responsible for maintaining the confidentiality of your account details and staying safe online. It is therefore your responsibility to make sure that any applicable login credentials are kept secret and strictly confidential. StoryCube cannot be responsible for any loss or damage that you suffer as a result of someone else accessing them until we are notified that such activity is being engaged in without your consent. You agree to immediately notify us of any unauthorized use of your login credentials or any other breach of security you may know about. Furthermore, you are responsible for all posts and all other activities conducted under your account.

We recommend that you protect your equipment when you use the Sites. We take reasonable measures to keep our Sites free from viruses and defects but we cannot guarantee that use will not result in damage to your hardware, software or any data associated with them.

8. Intellectual property

Your use of the Sites and/or being a member of StoryCube does not give you the right to access or download any information we post to the Sites, all of which shall remain our and our licensors’ intellectual property.

Where we state that content is available for download, you may download a single copy for your own personal non-commercial use. This is provided that you keep intact all of the copyright (©) and proprietary notices, do not make any modifications to the content, and do not use the content to associate yourself with us, our group or any products or brands involved in StoryCube.

These Site Terms do not grant you any licence to use any intellectual property (including our name or logo) of StoryCube or our group.

9. Product and shipment

Signing up for a StoryCubre account does not guarantee receiving one or more boxes, which are subject to availability and determined solely by StoryCube.

Usage of the products is entirely at the responsibility of the recipient and StoryCube is not liable for any misuse that might cause personal harm. Certain products may contain allergens and we are not responsible for any allergic or other reactions to the products. If you are concerned about allergies, please inquire about the contents of upcoming deliveries.

We make all attempts to ship products in an effective and timely manner, but we cannot guarantee the condition of the products or a specific time frame due to the nature of the shipping and fulfilment industry. We are not responsible for the condition, quality, or functionality of the products.

10. Products not intended for resale

Any product, service, coupon or voucher offered by us or any of our clients are not intended for resale. Any violation (as determined solely by us) of this provision by a member may result in removal from the applicable campaign or termination of your membership.

11. Disclaimers and our liability

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT LIMITS THE LIABILITY OF StoryCube, OUR GROUP AND OUR AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS (“StoryCube ENTITIES”). NOTHING IN THIS SECTION IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. THE SITES AND SERVICES AND ALL PRODUCTS ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, SUCH AS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE EXTENT PERMITTED BY APPLICABLE LAW. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND LOST PROFITS OR SAVINGS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE SITES, ANY PRODUCTS SHIPPED TO YOU, OR THE SERVICES, INCLUDING ITS CONTENT, REGARDLESS OF OUR NEGLIGENCE.

12. Your responsibility during a claim

You agree to cooperate and assist us in defending any claim brought against us by a third party that arises from your breach of these Site Terms, and you will allow us to handle any such claim.

13. Electronic communications

When you become a member or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Sites or through the other services. You agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing. Any communication or other information about StoryCube’s services sent to us via e-mail or otherwise in connection with your use of the Sites, including but not limited to suggestions, ideas and comments, will be treated as non-confidential and all such information may be used by us for any purpose without compensation.

14. Participating Jurisdictions

To participate in our StoryCube campaigns you must be resident in Canada. We make no representation that StoryCube, any products or other materials available through our Sites are appropriate or available for use in other countries. If you do choose to access the Sites from other countries, you do so on your own initiative and are responsible for compliance with local laws.

15. Termination

You may terminate your participation as a member at any time, for any reason, by emailing the request to support@storycube.ca. We may terminate you as a member for any reason, at any time. We will try to give you reasonable notice of termination, except in certain cases such as your violation of these terms or any other StoryCube policies or guidelines made available to you in advance, or harassment or abuse of other StoryCube members.

Our agreement with you under these Site Terms is in full force and effect while you visit the Sites and/or are a member of StoryCube. Any section which by its nature is intended to survive termination, shall survive termination of these Site Terms.

Our agreement with you under these Terms & Conditions is in full force and effect while you visit the sites and/or are a member of StoryCube. Any section which by its nature is intended to survive termination, shall survive termination of these Terms and Conditions.

16. Special provisions on activity-based benefits

As a member we may grant you certain privileges and benefits based on the quality and quantity of activity in the campaigns in which you participate. For example, members may receive access to special campaign previews, campaign pre-registration, enhanced product and hand-out packages. We will determine which, if any, benefits a member is eligible to receive in our sole discretion.

Members can earn points for participating in certain activities and we will provide you with details of the rules and restrictions applicable to these points.

We do not warrant or represent that members will earn any specific number of points or that any specific products or services will be available for redemption and reserves the right to cease offering points at any time or otherwise vary the terms on which points are accumulated or redeemed.

We make no representations or warranties, express or implied, with regard to any merchandise or services obtained by members through the redemption of points under any points programme. Only those guarantees, warranties and representations, if any, offered by retailers, manufacturers of merchandise or suppliers of services may be relied upon by members.

17. Special provisions on surveys and sweepstakes.

Surveys and sweepstakes sponsored by us or our clients may or may not be made available to members on our sites. Visiting our Sites or using them as a member is not conditional on your participation in these surveys or sweepstakes.

18. General.

These Site Terms and any documents and additional terms expressly incorporated by reference herein, contain the entire understanding between you and StoryCube, and supersede all prior understandings of the parties relating to the subject matter of these Site Terms, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and StoryCube with respect to the Sites, provided however, the these Site Terms may be amended by StoryCube in accordance with Section 1. Any waiver or failure to enforce any provision of the Site Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. StoryCube shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of StoryCube, including, but not limited to, any failure to perform hereunder due to unforeseen circumstances or cause beyond StoryCube’ control such as acts of God, war, pandemic, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour or materials. You agree that no joint venture, partnership, employment, or agency relationship exists between you and StoryCube as a result of these Site Terms or your use of the Sites.

19. Queries

If you have queries about these Site Terms, complaints or claims with respect to the Sites, you can contact us by e-mailing us at support@StoryCube.com. We will do our best to address your concerns.