The Disco Ball Co/Create Program Terms and Conditions
The Disco Ball Co/Create Program ("Program"), owned and operated by Story.co Disco Ball, LLC, (“Story.co”, "we," "us," or "our") is provided to consumers who register for and use the Program ("you," "you," or "Member") subject to the following terms and conditions, including any amendments thereto and with any additional terms and conditions, rules, or policies that may be applicable to particular offerings made in connection with the Program (collectively, the "Consumer Terms and Conditions"). By registering for the Program, you agree your Program membership, access, and use are subject to your adherence to the Consumer Terms and Conditions, and all applicable laws and regulations, including the laws and regulations governing copyrights and trademarks. Your failure to follow the Program’s rules, including these Consumer Terms and Conditions, whether listed below or in supplemental notices posted at various points in the Program, may result in termination of your access to and membership in the Program and all Program points you have accrued, without notice, in addition to our other remedies. These Consumer Terms and Conditions shall supersede all previous program rules and/or terms and conditions. We may modify the following rules from time to time. Any such changes shall be reflected in an updated version of the Consumer Terms and Conditions posted on this site.
BY ACCESSING THE PROGRAM, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE CONSUMER TERMS AND CONDITIONS HEREIN.
DESCRIPTION OF THE PROGRAM
The Program is an online, points-based program where Members may accrue Program Points by engaging in certain activities, which may entitle Members to Program Points for certain benefits ("Benefits") provided by us. Program Points have no cash or monetary value outside of their use through the Program. Any change to the Program or these Terms and Conditions will be posted on this site so you are encouraged to visit the site often.
MEMBER PROGRAM ELIGIBILITY
Members must be legal residents of the United States, Puerto Rico, the European Union and any other country where permitted by law, and be at least 13 years of age at the time of registration to be eligible. Void where otherwise prohibited by law. Employees, officers, directors, agents, and representatives of Story.co and its related entities and their immediate families are not eligible to participate in the Program. Only one (1) Member account is permitted per person. If you attempt to obtain more than one Member account, we may terminate your registration, and all earned Program points may be forfeited.
RESERVATION OF RIGHTS
We may, among other options, withdraw, limit, modify, or cancel any Benefit or increase or decrease the Program points required for any Benefit.You agree that we will not be liable to you or any third party for any modification or discontinuance of the Program or Benefit offered, in whole or in part.
In consideration of your use of the Program, you agree to provide true, accurate, current, and complete information about yourself as prompted by any online registration form. Furthermore, you agree to maintain and promptly update your personal data to keep it true, accurate, current, and complete. If you provide any information that is not true, inaccurate, not current, or incomplete; or if we have reasonable grounds to suspect that such information is not true, inaccurate, not current, or incomplete; we have the right to suspend or terminate your account and to refuse any and all current or future use of the Program (or any portion thereof) by you.
As a member of the Program, you will automatically be signed up to receive personalized emails, information, and offers from Story.co and/or its partners ("Partners") or as otherwise specified by Story.co via electronic mail or physical mail. At any time after you register, you may opt out of emails regarding information and offers by clicking on the unsubscribe link at the bottom of each email
You will receive account designation upon completing the registration process, which may include password selection and/or unique identifier. You agree to maintain the confidentiality of your password and account, and that you are fully responsible for all activities that occur under your password or account or any other breach of security, and to log out at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with these conditions. If for any reason your account is terminated by either you or by us, all of your Program points accrued will be forfeited.
EARNING PROGRAM POINTS
As of July 19, 2023, the Program Points availability is not available as it is in its testing stages and subject to change pursuant to these Terms and Conditions.
To earn and accumulate Program Points, you must undertake an activity outlined in these Terms and Conditions, which may include:
- Successfully completing Co/Creates authorized by Story.co;
- Contributing or modifying to the THE DISCO BALL story that is accepted by Story.co
For more detail, see the FAQ section on the Story.co website linked here.
We expressly reserve the right to establish additional means of accruing Program Points; to remove any or all of the means currently in effect; to exclude certain types of transactions from the accumulation of Program Points; to specify periods after which unused points will be forfeited or reduced in percentage. Program Points can be accrued only for activity taken and completed by you and can be applied only to your account. Program Points are automatically deposited within 24 hours (if not canceled by the Provider).
We will use reasonable efforts to allocate earned Program Points to your account; however, you are responsible for ensuring that your Program Points are properly credited. If you believe that Program Points have been earned but not credited, we reserve the right to require proof of accrual; including, but not limited to, copies or receipts or similar documentation verifying any transactions claimed to have been performed. Any claims of uncredited Program points should include a proof of accrual and must be received within sixty (60) days after the date such points are claimed to have been earned. Program points will be maintained in your account until and if they are forfeited. All decisions regarding Program point balances, Benefits, forfeitures, and the identity of any individual accessing an account, are within our sole discretion.
Program Points will only be issued if you have provided a directed disclosure authorizing your participating provider to share information about your treatment with the Program. You may revoke this authorization at any time, but if you do so, you may no longer be eligible to participate in the Program.
PROGRAM POINTS AND ELIGIBLE PROFIT ALLOCATION
A Member’s Program Points are eligible for profit allocations of the Program Pledge (as defined below) through compliance with the Story.co Program. (an "Eligible Profit Allocation") The amount of Program Points available for each Eligible Profit Allocation, as well as the Benefits available for an Eligible Profit Allocation shall be determined by Story.co.
Eligibility for an Eligible Profit Allocation is subject to compliance with these Terms and Conditions and a Profit Event (as defined). A Profit Event is defined as where Story.co cumulatively receives at least $100,000 in Net Profit (as defined below) from the commercial exploitation of the underlying intellectual property related to the Story.co THE DISCO BALL series. A Profit Event does not include any Net Profit received by Story.co that qualified as a previous Profit Event. “Net Profit”shall mean gross receipts actually received by Story.co or any of its affiliates (without double counting) related to commercial exploitation of the Story.co THE DISCO BALL series, less any: 1) expenses incurred by Story.co or any of its affiliates related to any promotional and/or marketing efforts for the THE DISCO BALL story; 2) refunds and chargebacks; 3) the production budget for the THE DISCO BALL story, including any casting and/or production expenses; and 4) any transaction fees, taxes, duties and currency conversions. Story.co will make best efforts to publish all accounting information related to the calculation of the Net Profit upon a Profit Event.
Upon occurrence of a Profit Event, all accumulated Program Points in a member's account as of the Profit Event become eligible for an Eligible Profit Allocation, according to the guidelines outlined in the Program Terms & Conditions. Subsequent to the occurrence of a Profit Event, members may continue to accrue points through qualifying activities as defined in the point earning schedule, but those will not qualify for an Eligible Profit Allocation.
In the event that a Profit Event has not occurred within a member's period of membership, the member will retain their accrued points. This clause is in place to ensure the economic sustainability of the Program and protect the interests of Story.co and the Program members.
Story.co reserves the right to determine, in its sole discretion, whether such a Profit Event has occurred. Story.co will inform members of the occurrence of a Redemption Event in a timely manner through an update on the Story.co website and/or email notifications.
Any Persons who qualify for a Eligible Profit Allocation must still comply with Story.co Know-Your-Customer protocols (KYC) prior to any payment made by Story.co related to the Eligible Profit Allocation. See detailed instructions here.
Program Points earned in two (2) or more different Member accounts may not be combined for any Benefit. SuchBenefits are not refundable, replaceable, or redeemable for cash, credit, or other benefits, or points under any circumstances.
CALCULATION OF ELIGIBLE PROFIT ALLOCATIONS
As of July 19, 2023, Redemption of Program Points is not available as it is in its testing stages and subject to change pursuant to these Terms and Conditions.
The Program Points accrued under the Story.co Program represent an individual share of the Eligible Profit Allocation as defined in our Program Terms & Conditions. The Eligible Profit Allocations shall be calculated by Story.co and are subject to change by Story.co based upon economic necessity.
Initially, Story.co will pledge 50% of the Net Profit from any Profit Event to the Program (the “Program Pledge”). The total amount of Program Points authorized by the Program is 500,000,000 Program Points. These amounts are subject to change by Story.co. Story.co will use best efforts to provide transparency with any authorized change to these amounts whether because of unexpected participation in the Program or economic realities of the Profit Event.
Upon occurrence of a Profit Event, the Eligible Profit Allocation will be allocated in pari passu (meaning on equal footing) among all valid Program Points. Each member's share of the Eligible Profit Allocation will be determined based on the amount of Program Points issued to that Member at the time of the Profit Event.
An Eligible Profit Allocation shall therefore be calculated as follows:
- 50% of the Net Profit from a Profit Event; divided by
- All Authorized Program Points; whereas
- Any Program Points not issued to Members shall revert to Story.co.
- If a Profit Event occurs which results in a $100,000 Eligible Profit Allocation, the Member accumulated 500,000 Program Points and the total points authorized by Story.co is 500,000,000 at the time of the Profit Event, the Member would be entitled to 0.1% of the $100,000, or $100.
- If a Profit Event occurs which results in a $1,000,000 Eligible Profit Allocation, the Member accumulated 5,000,000 Program Points and the total points authorized by Story.co is 500,000,000 at the time of the Profit Event, the Member would be entitled to 1% of the $1,000,000, or $10,000.
Please note that the number of points required for a share of the available Eligible Profit Allocation may be subject to change depending on the total available funds and the total number of points accumulated by all members.
Story.co reserves the right to determine, in its sole discretion, the total funds available for redemption following a Redemption Event, as well as how these funds are allocated among members. All decisions regarding the allocation and distribution of funds are final.
As always, full details and terms are provided in our Rewards Program Terms & Conditions.
PROGRAM POINTS TRANSFER AND EXPIRATION
Program Points accrued may not be transferable to other Members or Member accounts. Program Points have no cash or monetary value and are not otherwise redeemable for cash or any other currency outside of the Story.co Program.
PRIVACY AND USE OF YOUR PERSONAL INFORMATION
Fraud or abuse relating to the accrual of Program points or redemption of Program points for Benefits may result in forfeiture of accrued Program points as well as the termination of your account. You are solely responsible for any fraudulent use of your Program points that could occur due to the theft or sharing of your password. The Program is provided to individual users who are natural persons for their own personal use.
IT WILL BE CONSIDERED FRAUDULENT AND A VIOLATION OF THESE TERMS AND CONDITIONS FOR YOU TO SHARE WITH OTHER MEMBERS POINTS AND/OR OTHER INFORMATION THAT CAN BE ELIGIBLE FOR PROGRAM POINTS AND/OR BENEFITS. IT IS CONSIDERED FRAUDULENT AND A VIOLATION OF THESE TERMS AND CONDITIONS FOR YOU TO RECEIVE PROGRAM POINTS OR OTHER INFORMATION THAT CAN BE CLAIMED FOR PROGRAM POINTS AND/OR BENEFITS THAT WERE RECEIVED FROM OTHER MEMBERS. ANY MEMBER SHARING IN THIS MANNER WILL HAVE THEIR ACCOUNT DELETED AND WILL NOT BE AWARDED ANY BENEFITS.
VIOLATION OF THE TERMS
You understand and agree that at our sole discretion, and without prior notice, we may remove Program points from your account as a penalty, terminate your Program access, and/or deactivate or delete your account if we determine that you have violated our Consumer Terms and Conditions.
COPYRIGHTS AND TRADEMARKS
All contents of this site, including but not limited to copyrighted materials, trademarks, designs, text, images, information, graphics, logos, icons, and the selection and arrangement thereof and other proprietary materials (the "Content"), are owned by Story.co, its corporate affiliates, and/or third parties and are protected by intellectual property laws of the United States and other countries except as otherwise provided by these Terms and Conditions. All software used on this site is the property of Story.co and/or its software suppliers ("the Software"). The Content and the Software may not be used except as provided herein and without our express written permission and are protected by United States and international software copyright and other laws. Except as expressly provided herein or as required under applicable law, nothing contained herein shall be construed as conferring any license or right to any Content or Software of Story.co.
All company names, product names, trademarks, logos, graphics, and service marks displayed on this site that are identified by ®, ™, ℠ or which appear in type form different from that of the surrounding text (collectively, the "Trademarks") are registered or unregistered service marks, trademarks, and/or trade dress owned by or licensed to Story.co or our affiliates. All other trademarks and product names displayed on this site are the property of their respective owners (collectively, the "Third Party Trademarks"). Neither the Trademarks nor the Third Party Trademarks may be copied, imitated, or used, in whole or in part, without Story.co’s prior written authorization or the permission of the applicable third party owner, except to identify the product or service.
Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right, either express or implied, under any intellectual property of Story.co, its corporate affiliates or any third party.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California. All applicable federal, state, and local laws and regulations apply. The invalidity or unenforceability of any provisions of these Terms and Conditions shall not affect the validity or enforceability of any other provision. In the event that any provision of these Terms and Conditions is found to be invalid or unenforceable, these Terms and Conditions shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
LIMITATION OF LIABILITY AND WAIVER
Story.co and its affiliates, representatives, agents, directors, officers, shareholders, and employees are not responsible for and shall not be liable for: (i) late, lost, delayed, damaged, misdirected, inaccurate, incomplete, or unintelligible registration or point entries; (ii) telephone, electronic, hardware or software program, network, Internet, computer or other malfunctions, failures, or difficulties of any kind, whether human or technical; (iii) failed, incomplete, garbled, or delayed computer transmissions; (iv) any condition caused by events beyond our control; (v) any injuries, losses, or damages of any kind arising in connection with or as a result of the benefit or acceptance, delivery or failure to timely deliver, possession, or use of the benefit, or from participation in the Program; or (vi) any printing or typographical errors in any materials associated with the Program. Further, in no event shall we, or any of our affiliates, and/or their respective officers, directors, employees, agents, representatives, information providers, and licensors and/or their respective heirs and assigns be liable for any damages of any kind or nature, including but not limited to, direct, indirect, incidental, consequential, exemplary, special (including loss or profit), punitive, or other damages arising from or in connection with the existence or use of this site or any such dispute, regardless of whether Story.co or any of the other entities or persons listed above have been advised as to the possibility of such damages. Under no circumstances will you be permitted to obtain benefits for, and hereby waive all rights to claim punitive, incidental, or consequential damages, including attorney’s fees, other than your actual out-of-pocket expenses (ie, costs, if any, associated with participating in the Program), and you further waive all rights to have damages multiplied or increased. Under no circumstances shall we be liable to you or any third party for any indirect, incidental, consequential, special or exemplary damages, even if advised of the possibility of such damages, arising from the use or inability to use the Program or any other provision of these Consumer Terms and Conditions. You accept all responsibility for, and hereby indemnify and hold us, our subsidiaries, and affiliates harmless from and against, any actions taken by any user authorized to use your account, including, but not limited to, accrual of points, redemption of points, and disclosure of passwords to third parties. By participating in the Program, you agree to release, discharge, and hold harmless Allergan Aesthetics and its affiliates, representatives, agents, directors, officers, shareholders, and employees from any and all liability from any injuries, losses, or damages of any kind arising from or in connection with the Program.
If a dispute should arise between you and Story.co we want to provide you with a resolution that is efficient and cost effective. In our experience, almost all customer service disputes can be resolved to your satisfaction by our customer service team.
If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND STORY.CO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PROGRAM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
AGREEMENT TO ARBITRATE DISPUTES
PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
IF YOU ARE A U.S. RESIDENT, YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
WE BOTH AGREE TO ARBITRATE: You and Story.co agree to resolve any claims relating to this Program through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate Story.co’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances Story.co may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to this Program shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or Story.co must do the following things:
(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111.
(3) Send one copy of the Demand for Arbitration to the other party.
Arbitration under this agreement shall be held in the United States county where you live or work, or any other location we mutually agree to, subject to California law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and Story.co and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Program terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Story.co.
NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Story.co in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND STORY.CO WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
CHOICE OF LAW/FORUM SELECTION
In any circumstances where the Agreement to Arbitrate Disputes permits Story.co and U.S. residents to litigate in court, these Program Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules.
The provisions of this Program are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by Story.co or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Program Terms without affecting the validity, legality or enforceability of any of the remaining provisions.
CALIFORNIA NOTICE OF FINANCIAL INCENTIVE
Under California law, loyalty programs may be considered a financial incentive. To view our notice of financial incentive, please visit: CA Notice of Financial Incentive.
ADDITIONAL INFORMATION ON THE PROGRAM
If you have any questions regarding the Program, you may email Customer Service at [email protected]