Updated 13 July 2023
Welcome to Sidepath! The Sidepath website (Sidepath) is owned and operated by Storyline Media, LLC, referred to as ‘Company’, and or ‘we’, and or ‘our’. By using or submitting information or files to or from Sidepath and the associated systems, services, websites, or subdomains, templates, owned or controlled by Sidepath, (termed the ‘Service’), you, the ‘User’ understand and agree to the following ‘Terms’ and conditions of the Service along with the Terms and conditions as stated in our Privacy Policy. Sidepath is a Service that permits Users to download and purchase travel-related content, redeem offers and discounts at merchanges, and participate in Branded communities hosted by or facilitated by Sidepath.
Your continued use of this Service constitutes acceptance of these Terms and any subsequent changes to these Terms. BY USING THE SITE, YOU AGREE TO THESE TERMS OF SERVICE; IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.
The Terms of this Agreement apply to all Users of the site--everyone using the system including but not limited to persons or organizations creating, minting, collaborating, editing, posting, sharing, downloading and commenting on Content or any other person or entity using the system for any reason.
Sidepath may change, amend, or update these Terms at any time and without prior notice. It is your responsibility to check the Terms of Service periodically for changes. All amendments to these Terms are automatically valid and enforceable at the time when first posted on this Site.
This Agreement also contains an Agreement to Arbitrate that determines how claims against the Company will be resolved. Arbitration requires you the User to submit claims to binding and final arbitration. Under the paragraph ‘Agreement to Arbitrate’, below, you will:
Please read these Terms carefully. Terms provide the agreed conditions for lawful, acceptable, and respectful use of and conduct of users of the Service. By using, or submitting Content to the Service or referring others to use the Service you (the ‘User’) agree that you have read, understand, accept, and agree to abide by these Terms.
By using Sidepath (the ‘Service’ or ‘Services’), you understand and agree to the following:
Whenever you upload or download Content to or from the Service, you must comply with all the terms of this Agreement. You warrant that any such contribution does comply with this Agreement, and you indemnify Sidepath for any breach of warranty or Service.
Subject to the terms of this Agreement, you are granted a revocable, non-exclusive, limited, non-transferable, license to use the Service and Content provided by the Service subject to all of the associated Terms of this Service including the Content licensing terms outlined below. By using Sidepath, you understand and agree and provide your full consent to the following:
Users of the system must be able to legally contract for themselves or the entity they represent and make a binding agreement with the Company and represent they will be compliant with these Terms and the associated local, state, national, and, if applicable, international laws and regulations.
Minors aged 14 through 18 years may use the Service provided they get permission from a legal parent or guardian before using any part of the site or Service. Permission for a minor to use the site may only be granted in writing by sending an email to support@sidepath.xyz . Minors 13 years of age and under may not use Sidepath.
You may not use someone else’s account without permission. You may not allow others to access or use the Service using your account credentials (your username and password). If you do discover someone else is using your account, you must notify Sidepath of the unauthorized use of your account by sending an email to support@sidepath.xyz. Sidepath is not responsible or liable for any losses caused by any unauthorized use of your account.
By subscribing to Sidepath, you agree to the pricing and payment terms of the Service at the time of purchase until the Service is canceled, if applicable. The Service Cancellation process is stated below. When you subscribe to the Sidepath Service you agree that:
Sidepath accepts certain debit and credit cards and may in the future accept other forms of payment (“Payment”) for Services subject to the commercial procedures and rules associated with the payment providers. When you subscribe to the Service you will be billed on or near the date of your subscription for the agreed subscription Term. If you purchase a subscription that renews automatically, you agree that Sidepath may process your Payment on the renewal term on or near the calendar day corresponding to the renewal date and duration of your Subscription.
You are responsible for ensuring that your account information, including your email address and all payment information (address, debit or credit card number and expiration date), is accurate and up to date.
If you are not the Account Holder but you control the means of payment for a Paid Service account and wish to make any change to the payment method, you may work with the user to update the information as described above or may notify us by contacting Customer Support at support@sidepath.xyz.
If your credit card expires or the information is otherwise invalid, we will bill the current charges to the card we have on record; the continuation of your Service subscription constitutes your authorization for us to do so, and you remain responsible for any uncollected amounts and any charges incurred by you or us as a result of billing to an invalid card.
We may offer certain Services at no charge, including free accounts, Trial use, evaluation and Beta Versions defined as (“No-Charge Services”). Your use of No-Charge Services is subject to these Terms and any additional Terms that we specify and is only permitted during the Subscription Term designated. We may change or terminate your right to use No-Charge Services at any time and for any reason at our sole discretion.
Beta Versions. You understand that any pre-release and beta Services, that we make available to you are still under development, may be inoperable or incomplete and are likely to contain some errors, program deficiencies, and bugs. We make no promises that any beta Versions (or features of these beta Versions) will ever be made generally available. All information regarding the characteristics, features or performance of any beta Versions constitutes our Confidential Information and you agree not to disclose the information about new features or performance of the Beta Version to any other party or persons outside of Sidepath. Sidepath disclaims all obligations or liabilities with respect to Beta Versions.
Sidepath may make offers to users to provide referrals (“Referral” or “Referrals”) to others to use the Service (“Referral Program”). Users may earn “Upgrade Credits” for making the Referral. For a user to receive an Upgrade Credit, the person receiving the referral must activate/register as a new Sidepath user. A specified number of activated/registered Referrals will earn the Person making the Referral certain Upgrades as defined on the website and offer information. To encourage referral activations/registrations, Sidepath will make available promo codes (“Promo Codes”) that are redeemable for specified Services which can be exchanged for the additional Services as described. A Promo Code may specify an expiration date, after which such Promo Code shall be void. Sidepath is under no obligation to accept an expired or otherwise invalid or void Promo Code. Upgrade credits or Promo Codes have no cash value and are non-transferrable. Sidepath is under no obligation to provide any compensation in connection with an Upgrade Credit or Promo Code.
In order to obtain a Referral Program Subscription or Upgrade Credit, you must be a registered User of the Service using the registration process and the associated Promo Code, and satisfy any eligibility requirements associated with the Service, the Referral Program and/or the Promo Code. At the conclusion of the initial Referral Program Subscription term, you will be required to pay the then-applicable charges for the Service in order to continue using such Service. Upgrade Credits are not transferable to another party or individual.
You are prohibited from selling Upgrade Credits or Promo Codes. We reserve the right to invalidate any Upgrade Credits or Promo Codes that have been issued or distributed, and we do not owe you any compensation with respect to such Upgrade Credits or Promo Codes. If an Upgrade Credits or Promo Code has been distributed to you by a third party (for example, connection with a third-party promotion), Sidepath has no responsibility with respect to any third party product or service provided, or any marketing claims or promotional offers made, by the third party. Sidepath has no obligation to provide you with any compensation, or to modify the Referral Subscription or the Requirements in connection with any Codes you obtained from a third party that was acting improperly. Sidepath reserves the right to amend, change, or cancel any Referral Program, Upgrade Credit, or Promo Code at any time.
Services, fees and features may change on the Service at any time. Changes to the pricing of your subscription plan, if applicable, will occur after you receive a 30 day notice of such a price change.
You may cancel the use of the Service at any time click on “Profile” and choose “Close Account” under the main (top right) menu Icon. After confirming you are the Account owner we will remove your Account, Content, messages and login information from our records and will only continue to retain such information as required by law.
There are no refunds for cancellation. For technical reasons, Content you delete may persist for a period of time in archive or backup software. In the event that Sidepath terminates your account you understand and agree that you shall receive no refund on your subscription.
We reserve the right to terminate the Service at any time by providing an email notice of such termination. Termination may occur if:
We also may terminate your Service for any other reason or no reason, at our sole and absolute discretion. The termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.
Unless otherwise expressly authorized herein or in the Services, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. You may not make copies or intermediate copies of Content from the Service for use in training artificial intelligence or large language models.
Indemnification. You agree to indemnify and hold harmless Sidepath / Storyline Media, LLC, and their directors, officers, managers, employees, agents, investors, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Service or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms of Service. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Stock Images and Video and Model Release Disclaimer. Sidepath / Storyline Media, LLC, is not liable in any manner for obtaining model releases for any images or video (termed Content) of individuals including private individuals and professional actors or models appearing in sample stock video (Stock Video) included in Sidepath Templates.
Security Incidents. In the event that stored User data is disclosed to or accessed by an unauthorized party, Sidepath will promptly notify you and use reasonable efforts to cooperate with your investigation of the incident; and if such incident triggers any third party notice requirements under applicable laws, you agree that as the owner of the User data, you will be responsible for the timing, Content, cost and method of any such notice and compliance with such laws.
Information Disclosure. You agree that by using the Service, you provide your consent to disclose any gathered personal information to federal, state or local government organizations by directive, executive order, subpoena or force of law. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site is defamatory of them, a violation of their intellectual property rights, or of their right to privacy.
Third-Party Sites.
You may receive SMS/text messages from Sidepath about topic-specific alerts for new or updated Sidepath or Third party Content as well as for new products and services. Consent to receive text messages is not required as a condition of using the Service. By subscribing to this Service, and setting up your Preferences, you agree to receive text messages from Sidepath to your phone number for the mobile number provided, and you represent that the mobile number you provided, either on behalf of yourself or that you add to receive alerts as part of your organization’s account, is correct and that you are authorized with express written consent to enroll the mobile phone number to receive such text messages. You acknowledge and agree that the text messages may be sent using an automatic telephone dialing system and that standard message and data rates may apply. The text messaging may not be compatible with all mobile phone models. Sidepath is not responsible for any delays upon sending or receiving text messages.
To unsubscribe from text messages at any time reply STOP to any text message you receive from Sidepath. After such a request to unsubscribe, you acknowledge and agree you may receive one final text message confirming your request. Unsubscribing from promotional and topic-specific text messages will not prevent Sidepath from sending you text messages for authentication and security purposes.
By using Service, you understand and agree that all Services we provide are "as is" and "as available". This means that we do not represent or warrant to you that:
Furthermore, you understand and agree that:
Sidepath/Storyline Media LLC will not be liable for any direct, indirect, incidental, physical, psychological, consequential or exemplary loss or damages which may be incurred by you as a result of using our Services, information, changes, data loss or corruption, cancellation, loss of access, in availability of or downtime of the Service to the full extent that applicable limitation of liability laws apply.
All materials contained in the Service are the copyrighted property of Sidepath dba Storyline Media, LLC. or its subsidiaries or affiliated companies and/or third party licensors. No material from the Service may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. For purposes of these terms, the use of any such material on any other Web, Internet, intranet, extranet or other site or computer environment is prohibited. All trademarks, service marks, trade names and trade dress are proprietary to us. You may not frame or enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form) without our prior express written consent. You may not use any meta tags or any other "hidden text" utilizing our name, trademarks or other proprietary information without our prior express written consent. We consider our trademarks to be valuable assets, and take infringement of them seriously.
Sidepath complies with the applicable provisions of the Digital Millennium Copyright Act (DMCA). If you have a concern regarding the use of information or of copyrighted material on the Service, please send a notice to support@sidepath.xyz
You as a User agree that all disputes or claims that you have against the Company will be resolved exclusively through final and binding arbitration rather than in a court of law, and your claims in such court will only be for on an individual (non-class, non-representative) basis and may not be consolidated or join to more than one person’s or party’s claims. Also, the arbitrator(s) may award relief only in favor of the individual party seeking relief. Any award from such arbitration cannot affect other User claims.
The arbitration will be conducted by the American Arbitration Association ( the "AAA") procedures, as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org. A party who intends to seek arbitration must first send the other party, by certified mail or acknowledged email (with a reply back) via sending a formal ‘Notice of Dispute’. If the User has a dispute with Sidepath this notice may be sent to the contact information below. The information included in the notice must include a description of the nature and basis of the claims the User is asserting and the relief sought. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration.
If you and Sidepath are unable to resolve the claims described in the notice within 30 days after the notice is sent and acknowledged, either party may initiate arbitration proceedings. The AAA form for initiating arbitration proceedings must be used and is available on their website at www.adr.org.
Location of the arbitration shall be held in Salt Lake County, Utah or at another mutually agreed location. If the value of the relief sought is $10,000 or less, either party may elect to have the arbitration conducted by telephone, video conference or based solely on written submissions, which election shall be binding on both parties subject to the decision of the arbitrator(s). Any settlement offer made by you by Sidepath shall not be disclosed to the arbitrator(s). The award of the arbitrator(s) shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered by the court having jurisdiction.
If a judge or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a judge or court decides that any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section above is invalid or unenforceable because it would prevent the exercise of a non-waivable right to pursue public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in court. All other disputes subject to arbitration under the terms of the Agreement to Arbitrate shall be arbitrated under its terms
This Agreement and the associated licenses and rights granted may not be transferred or assigned by the User or any User entity. Any attempted transfer or assignment of this agreement shall be null and void. Sidepath may assign or transfer this agreement to a third party without restriction.
UNLESS OTHERWISE EXPRESSED, Sidepath EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
The Service is controlled by Sidepath from our offices located in the state of Utah, USA. It can be accessed by most countries around the world. By accessing Service, you agree that the statutes and laws of Utah, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
This Terms of Service Agreement, including the separate Privacy Policy and any other documents referred to herein, represents the entire understanding between both you and Sidepath about the Services defined herein. This Agreement supersedes any prior statements or representations.
If you have any questions or comments about our Terms of Service as outlined above, you can contact us at: support@sidepath.xyz
Disclosures for California Residents. The Service is offered by Sidepath located at 8850 S. 700 E. #81, Sandy UT 84070, and can be reached via email at support@sidepath.xyz. If you are a California resident, (a) you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information; and (b) in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254