Stitchmo Terms and Conditions of Use

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Agreements between Users (“Users”) and Stitchmo

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Welcome to Stitchmo! Stitchmo is a collaborative storytelling platform that allows users to upload, record, and share content (collectively, the “Stitchmo Services”).

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Your use of the Stitchmo Services is contingent on your acceptance, without modification, of the terms, conditions, obligations, and notices contained herein (collectively the "Terms") as well as our Privacy Policy. Your use of the Stitchmo Services constitutes your acceptance of and agreement to these Terms. Please read these Terms carefully and completely and keep a copy of them for your reference.

 

The Terms form a legally binding agreement between you and Stitchmo. If you are under the age of 18, you may only use the Stitchmo Services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you. Anyone under the age of 16 is unable to use the Stitchmo services at this time.

 

1.         Use of Services

 

Stitchmo offers users a platform for users to work together to create unique stories by recording, sharing, and uploading their own content, stitching together new and existing content, and remixing everything in between. Your use of this service is limited and may be revoked at any time, for any reason. Any or all of these services may be updated, revised, or removed, without warning and no guarantee is made as to what content will be available at any time as part of the Stitchmo Services.

 

2.         Privacy

 

Your use of the Stitchmo Services is conditioned upon your agreement to the Stitchmo Privacy Policy (“Privacy Policy”) as well as these terms and conditions. Please review the complete Privacy Policy, which is incorporated herein by reference.

 

3.         Your Account

 

To use the Stitchmo Services, you must set up a unique User account (“Account”), which includes a unique and complex password (“Password”) used to access your Account. When you sign up, our site will request your name, username, profile information, and email address. This information is necessary to process your requests for services, to give instructions to service providers, to process payments, and to confirm eligibility for participation. You are responsible for maintaining the security of your account information and password. You are also required to keep this information up to date and to notify us of any changes.

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By creating an Account, you agree to use the Stitchmo Services responsibly and not to upload, post, record, or share any illegal, abusive, hateful, offensive, obscene, infringing, or otherwise prohibited content. Violations of these Terms may result in removal of content and suspension or termination of your Account.

 

4.         Disclaimer, Limitation of Liability

 

TO THE EXTENT PERMITTED BY LAW, STITCHMO DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

 

USERS ARE NOT EMPLOYEES, PARTNERS, AGENTS, JOINT VENTURES, OR FRANCHISEES OF STITCHMO. YOU HEREBY ACKNOWLEDGE THAT STITCHMO DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR OTHER USERS. ANY EFFORT BY STITCHMO TO MODERATE CONTENT ON THE SERVICE DOES NOT CREATE AN OBLIGATION OR GUARANTEE TO MODERATE IN THE FUTURE.

 

STITCHMO IS NOT RESPONSIBLE FOR SERVICES AND FEATURES OFFERED BY OTHER PEOPLE, COMPANIES, OR ENTITIES, EVEN IF YOU ACCESS THEM THROUGH THE STITCHMO SERVICES.

 

You hereby agree that Stitchmo will not be liable for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms or your use of the Stitchmo Services. Stitchmo aggregate liability arising out of or related to these Terms or your use of the Stitchmo Services will not exceed the greater of one hundred dollars ($100.00) or the amount you have paid Stitchmo in the past calendar year.

 

5.         Publicity Release; Use of Personal Information and Image 

 

By using the Stitchmo Services you agree and acknowledge that Stitchmo and any of its designees, clients, sponsors, or licensees may, without any limitation or further compensation, use your Account information (in whole or in part), including, but not limited to, your username, your email, and any other information or content you submit in any and all media now known or hereinafter devised, throughout the universe and in perpetuity, for the purpose of advertising and promoting Stitchmo or for any other promotional purpose, except where prohibited by law.   

 

6.         Use of Communication Services 

 

The Stitchmo Services may contain bulletin board services, chat areas, news groups, forums, communities, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. 

  

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary licenses, consents, and permissions therefor; upload files that contain viruses, malware, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file uploaded by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including email addresses, without their consent; violate any applicable laws or regulations. 

  

Stitchmo has no obligation to monitor the Communication Services. However, Stitchmo reserves the right to review any and all materials uploaded to a Communication Service and to remove any materials in its sole discretion. Stitchmo reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. 

  

Stitchmo reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to upload or to remove any information or materials, in whole or in part, in Stitchmo’s sole discretion. 

  

YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONAL IDENTIFYING INFORMATION ABOUT YOURSELF, YOUR CHILDREN, AND YOUR FAMILY IN ANY COMMUNICATION SERVICE. STITCHMO DOES NOT CONTROL OR ENDORSE THE CONTENT, MESSAGES OR INFORMATION FOUND IN ANY COMMUNICATION SERVICE AND, THEREFORE, STITCHMO SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE COMMUNICATION SERVICES AND ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN ANY COMMUNICATION SERVICE.

  

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials. 

 

7.         Links to Third Party Sites/Third Party Services

 

The Stitchmo Services may contain links to third party websites ("Linked Sites"). The Linked Sites are not under the control of Stitchmo or any part of the Stitchmo Services and Stitchmo is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Stitchmo is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Stitchmo of the website or any association with its operators.

 

8.         Intellectual Property

 

All content included as part of the Stitchmo Services, including, but not limited to, text, graphics, logos, images, as well as the compilation thereof, the look and feel of the Stitchmo Services, as well as the Software and the text, graphics, code, and other materials contained therein (collectively “Protected Content”) is the property of Stitchmo or its third party suppliers and protected by copyright, trademark, and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright, trademark and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Protected Content, in whole or in part, found within the Stitchmo Services. You acknowledge and agree that you do not acquire any ownership rights in any Protected Content. Except as provided for herein, these Terms do not grant any licenses, express or implied, to the Protected Content or any other intellectual property of Stitchmo, our licensors, or any third party.

 

By uploading or posting any material to Stitchmo through the use of the Stitchmo Services you grant an irrevocable, non-exclusive, royalty-free license to Stitchmo to use the same, including the right to create derivative works.

 

9.         Copyright Infringement Policy

 

If you are a copyright owner or an agent thereof and believe that any content on Stitchmo or the Stitchmo Services infringes on your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our designated agent for copyright claim notifications (“Designated Agent”) with the following information in writing (see 17 U.S.C. §512(c)(3) for further detail):

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

4. Information reasonably sufficient to permit the service provider to contact you;

5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6. A statement under penalty of perjury that the information in the notification is accurate, and you are the owner of, or authorized to act on behalf of the owner of, an exclusive right that is allegedly infringed.

Stitchmo will process any notices of alleged copyright infringement and will take appropriate actions as permitted under the DMCA. Upon receipt of notices complying with the DMCA, Stitchmo will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.

 

10.       Indemnification

 

To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless Stitchmo, its officers, directors, employees, agents and third parties, and assigns from and against any and all claims, losses, costs, debt, liabilities and expenses (including, but not limited to attorney’s fees) arising from (a) your misuse of and access to the Stitchmo Services; (b) your violation of these Terms; (c) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; (d) your use of or inability to use the Stitchmo Services; and (e) any claim that you caused damage to a third party.

 

11.       Arbitration

 

Any dispute concerning these Terms or the Stitchmo Services must only be resolved by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator applying California law and administered by the American Arbitration Association, in a location mutually agreed upon by the parties. If the Parties cannot agree on a location, the arbitration will be conducted telephonically. The arbitrator's award will be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party will be entitled to recover its costs and reasonable attorney's fees. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.

 

12.       Class Action Waiver

 

Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Stitchmo agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

 

13.       Miscellaneous

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Stitchmo as a result of these Terms or use of the Stitchmo Services.

 

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder these Terms will remain in effect.

 

These Terms constitute the entire agreement between you and Stitchmo with respect to the Stitchmo Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Stitchmo with respect to the Stitchmo Services.

 

14.       Changes to Terms

 

Stitchmo reserves the right, at any time and in its sole discretion, to change or amend these Terms. The most current version of the Terms will supersede all previous versions. Your continued use of the Stitchmo Services following the notice of any changes to these Terms constitutes your acceptance of such changes. If you do not agree to the new Terms, you must stop accessing or using the Stitchmo Services

 

15.       NOTICE FOR CALIFORNIA CONSUMERS

 

Under California Civil Code Section 1789.3, California Users of the Stitchmo website or Service upon use of applicable services (as defined by California Civil Code Section 1789.2) may file a complaint regarding an applicable service and receive further information on resolving such complaints from the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs online at http://www.dca.ca.gov/ or call 800.952.5210 to have a complaint form  mailed to you.

 

Effective Date: June 29, 2026
Last Updated: July 8, 2026