These are the TELLaSTORY, referred to throughout the document as “TELLaSTORY” Terms & Conditions. Terms & Conditions tell you the rules for using or buying our Services, how to deal with the Content, and what we can do with things you post or upload. Your rights and responsibilities, basically. By signing up for an account, you agree accepting our Terms & Conditions, and you are entering a contract between yourself and us and the only agreement between us (also referred to as “we” and “us”).
1. Binding Contract
- Any other terms we’ve let you know about. Please read, print, and save a copy of these terms and policies for your records.
We reserve the right to modify and alter these Terms & Conditions at any time. We may change these terms if it is necessary due to applicable law, the evolution of the Services; technical reasons; operational requirements or a beneficial change of terms for the user.
We'll inform you of the intended change before it takes effect, to provide you the opportunity to review the changes before they become effective. We will notify you either through the user interface, in an email message or through other reasonable means. If you object to any changes, you may close your account. We'll provide you the opportunity to cancel the Services at least 30 days before the change becomes effective. Using the Services after the changes become effective means that you are consenting to the updated terms.
When you register and join the TELLaSTORY Service, you become a Member or Subscriber. If you have chosen not to register for our Services, you may access Publicly available Content as a Visitor. Registered users of our Services are “Members” or “Subscribers” and unregistered users are “Visitors” (free users). This Contract applies to both. We reserve the right to refuse service to anyone for any reason at any time.
You access most of the TELLaSTORY Services by signing up for an account online. You create an account by clicking “Register”, “Join the Community ”, “Subscribe” or similar. Members are account holders. When you use our services, or you create an account, you agree to a legally binding Contract with BFLG Management AB on behalf of TELLaSTORY. If you do not agree to this Contract (Terms & Conditions), do not click “Register” or “Join us” (or similar) and do not access or otherwise use any of our Services.
You can end agreement for specific content by deleting such content from the Services, or generally by closing your account. We reserve the right to modify or terminate the TELLaSTORY Services for any reason, without notice at any time.
You cannot transfer your TELLaSTORY account credentials to another user, affiliates or entity without our consent. No one else has any rights to enforce its terms. However, you agree that TELLaSTORY may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.
If you use our Service on behalf of a business, that business agrees to these terms. If you use a service substantially to do your job – as an employee, contractor or consultant, for commercial purposes – to make a profit or for educational, non-profit, charitable or government uses, your business is required to stick to these terms.
The data you share with us when you register, to use our services helps us to:
- Provide you with services, recommendations, notifications and other features.
- Improve our existing services and come up with new ones.
- Secure financial transactions
3. Account Access
The member who created the TELLaSTORY account and whose Payment Method is charged (the "Account Owner") is responsible for any activity that occurs through the TELLaSTORY account. To maintain control over the account and to prevent anyone from accessing the account, the Account Owner should maintain control over the TELLaSTORY log in and not reveal the password or details of the Payment Method associated with the account to anyone. You are responsible for all activity that occurs under your TELLaSTORY account unless you close it or report misuse. Be sure to keep your account details UpToDate and accurate. To keep your account safe, do not:
- Tell anyone your username or password. To protect your account, keep your account details and password confidential and try to choose a strong and secure password.
- Give us misleading information.
- Try to log in as someone else, not solicit login information or attempt to access an account belonging to someone else.
- Try to bypass our security measures.
- Create more than one account, create a Member profile for anyone other than yourself (a real person), except for your child.
We can terminate your account or place your account on hold in order to protect you, TELLaSTORY or our partners from identity theft or other fraudulent activity.
If we believe that you, in any way violate our policies, intrude on someone else’s copyright or are required to do so by law, we may remove any content or information you post on TELLaSTORY.
If your account is idle more than 12 months, we reserve the right to remove it. If we reasonably suspect that your TELLaSTORY account is being used by a third party untruthfully, TELLaSTORY may suspend your account until the suspected violation is amended. Based on the nature of the violation, we may be required to disable access to some or all of Your Content. If you believe that removal of your account is a mistake, you can appeal by email to:firstname.lastname@example.org
You can close your TELLaSTORY account at any time and for any reason. When we receive your request, you have 5 days grace period to change your mind. To close your account, request the latter in mail including the username and the relevant account details:email@example.com
If you are having trouble accessing your TELLaSTORY account, or any other account related questions, please email us at:firstname.lastname@example.org
3. Permissions and Restrictions
You can choose who can view your Content and activities and are responsible to appropriately classify availability of the content prior publishing into PUBLIC, For Sale, or PRIVATE. When posting “Content” exercise common sense and your best judgment. Here are some assurances you make to us by accepting this Contract:
- You’re eligible to enter into this Contract and you are at least our “Minimum Age” of 12 years. “Minimum Age” means 12 years old. However, if local law requires that you must be older in order for TELLaSTORY to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age. Services are not for use by anyone under the age of 12 without parental supervision. By signing up, you confirm that you have either reached the age of 12 or have valid parent or legal guardian consent to be bound by these Terms. You as a guardian are responsible for supervising your minor in the use of the account and Services including purchases.
- Will not create more than one personal account; If we disable your account, you will not create another one without our permission. If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate.
- You are not already restricted by TELLaSTORY from using the Services.
- Will not use an image that is inappropriate, obscene or shocking for your profile or your content
- You are solely responsible for your conduct and any data, usernames, images, graphics, photos, logos & profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.
- You promise to only provide information and content that you have the right to share, and that your TELLaSTORY profile will be truthful. We’ll honor the choices you make about who gets to see your information and content.
- You will not violate the intellectual property or other rights of TELLaSTORY like copying or distributing our materials or using the word “TELLaSTORY” or our logos in any business name, email, or URL unless you obtain our permission
- You will not use the TELLaSTORY service for any illegal or unauthorized purpose.
- You approve that TELLaSTORY may contact you to check if you’ve got permission to use any music, images, clips or text in your creation. Or just for administrative purposes.
- If you use our Services you agree that from time to time, we may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the latter.
4. Rights and Obligations
You agree that you will:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements; International users agree to comply with all local laws regarding online conduct and acceptable content.
- Provide accurate contact information and keep it at all times UpToDate.
- By displaying or publishing ("posting PUBLIC") any Content you give us permission to use your content, and information in connection with commercial, sponsored, or related content published or enhanced by us in any media formats through any media channels. This means, for example, that you hereby grant to TELLaSTORY a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, or permit a business or other entity to pay us to display your name and/or profile picture with your content or information, without any compensation to you. If you have not shared Content publicly and have classified it as “FOR SALE” or "PRIVATE", we will respect your classification and will not distribute it outside the contracted TELLaSTORY Services.
- All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in this Statement shall prevent us from complying with the law. This Statement does not confer any Third-Party beneficiary rights. We reserve all rights not expressly granted to you. You will comply with all applicable laws when using or accessing TELLaSTORY.
- You agree not to make money from our content or services or share our content without TELLaSTORY consent. Apart from shareables.
- By downloading, installing or using the TELLaSTORY mobile and web Services , you agree to receive automatic software updates (as applicable).
You agree that you will not tamper with our Services. Do not:
- Hack them or interfere with operation of Services.
- Circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the TELLaSTORY service, any access controls or Service use limits or get around or override our security technology.
- Interfere or disrupt the Service or servers or networks connected to the Service
- Modify, reverse engineer or disassemble any software or other products or processes accessible through the TELLaSTORY service or otherwise attempt to extract source code from us, unless you are permitted to do so.
- Create accounts with the Service through unauthorized means, including but not limited to, by use of an automated device, script, bot, spider, crawler or scraper.
- Deep-link to our Services, change, modify, adapt or alter the Service, overlay, change, modify or alter another website so as to falsely imply that it is associated with the Service or use any automated means without TELLaSTORY’s consent.
- Transmit or post anything that contains software viruses, worms, or any other harmful code; Or use software, devices, scripts, robots, or any other means or processes to disrupt our Services, manipulate identifiers or otherwise copy profiles and other data from the Services; You will not collect users' content, or information.
- Monitor our Services’ availability, performance or functionality for any competitive purpose;
- Remove any copyright, trademark or other proprietary rights notices contained in or on our Service.
- Use, disclose or distribute any data obtained in violation of this policy, whether directly or through third parties (such as search engines), without the consent of TELLaSTORY.
- Refuse to remove content, when we ask you to. This might happen when we take down services. Which we can do at any time, without notice.
Don’t harm or offend other people while using our services or content. That means:
- You will not engage in any illegal or unauthorized activity, post content or take any action on TELLaSTORY that infringes or violates someone else's rights or otherwise violates the law.
- You must not post private or confidential information like credit card information, social security or alternate national identity numbers, via the Service.
- Do not imply or state that you are affiliated with or endorsed by TELLaSTORY without our express consent; Don’t pretend to be TELLaSTORY.
- You will not solicit email addresses, non-public phone numbers or non-public email addresses or other personal information from Members you don’t know, without authorization.
- Do not spam other users with unwanted email, comments, or other forms of commercial or harassing communications.
- Do not damage our reputation by associating us with sexism or racism, for example.
- Do not get us sued – by defaming (damaging the reputation of) someone, say, or commenting on an active lawsuit.
- Do not harass, bully, intimidate, abuse, harm, upset, defame, stalk, impersonate or threaten people or entities.
Do not post anything that:
- Violates the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights, or in contempt of court. Do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission or disclose information that you do not have the consent to disclose.
- Is pornographic; or contains nudity or graphic or gratuitous violence.
- Puts children at risk
- Is not in English until we can provide the editorial support for other languages.
- Is illegal, or glamorises illegal activity
- Damaging to someone else’s reputation or inappropriate, offensive, or obscene or off topic./li>
- Is potentially harmful misinformation or disinformation or infringes anyone’s rights
- Is shocking, hateful, threatening or otherwise inappropriate content or airing personal grievances or disputes; If you disagree with someone, attack the argument, not the person.
- Contains personal details or infringes anyone’s rights (that includes privacy rights). Identifies someone (unless you have their consent or, if they’re under 16, the consent of their parent or guardian) or in any way puts children at risk.
- Contains spam or contains links to content that can't be seen easily, may be unsafe (viruses, worms, spyware and Trojans) or automatically launches lots of windows or place unreasonable load. Don’t post any unsolicited or unauthorized advertising, “junk mail,” “chain letters,” “pyramid schemes,” or any form of solicitation unauthorized by TELLaSTORY.
- You must not use web URLs in your name or your content without prior written consent, with the exception for copyright references.
- Promotes a business, unless sanctioned and approved by TELLaSTORY. Do not re-create a service or copy the look of a service using our brands, trademarks or logos without our permission.
- Use or mention our content in press releases and other marketing channels unless permission is obtained in advance.
5. Transactions and Purchases
We provide our PUBLIC Services for free, Subscriptions and Purchased Media according to the agreed rate but please be aware that your carrier's normal rates and fees, will still apply. If any of services is paid for, you’ll honor your purchase and payment obligations, and you accept to us storing your payment information.
You understand that there may be fees and taxes that are added to our prices. Failure to pay these fees will result in the termination of your paid Services. All of your purchases of Services are subject to TELLaSTORY refund policy; however, we don't guarantee refunds.
Also, you agree that:
- Your purchase may be subject to foreign exchange fees/rates or differences in prices based on location.
- We may store and continue billing your payment method (e.g., credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy.
- If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date.
- We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
- When you purchase a license to access digital content or virtual items, you will be given an opportunity to consent to delivery at the time of purchase. By consenting to delivery, you acknowledge that you have lost the right to cancel. License purchase fees paid for digital content are non-refundable.
6. Order process
When you create an order to buy content or subscription, you will have the opportunity to review and confirm your order, including your account information, payment method and product details. We will send to you a notice when we accept your order, and our acceptance will be deemed complete and for all purposes to have been effectively communicated to you at the time we send the notice. At such time, the contract for sale will be made and become binding on both you and us. The risk of loss in any goods you purchase and the responsibility to insure them passes to you when the relevant goods are delivered.
We reserve the right to refuse or cancel any order prior to delivery. Some situations that may result in your order being cancelled include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our credit or fraud departments. We also may require additional verification or information before accepting an order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order.
7. Changes to the Price and Subscription Plans
We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you.
8. Payment Methods
To use the paid TELLaSTORY service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee or content / advertisement purchase. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method.
For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
9. Updating your Payment Methods
You can update your Payment Methods by going to the "Financials" page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
10. Billing Cycle
The membership fee for the TELLaSTORY services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific payment date indicated on the "Financials" page. The length of your billing cycle will depend on the type of content purchased. Subscription that you choose when you signed-up for the service are reoccurring monthly. Content and advertisement purchases are billed upfront as settlements are mandatory to benefit from the services.
In some cases your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription plan or if your paid membership began on a day not contained in a given month.
You consent to receive notices, including agreements, disclosures, and other communications, electronically from us at the email address you have provided. You agree that these electronic notices satisfy any legal requirements that such communications be in writing.
If the contact information you provide is out of date, you may miss out on important notices. It is your responsibility to keep your contact details UpToDate.
Please review your settings to control and limit the messages you receive from us.
When you publish content on TELLaSTORY, others can see, copy and use that information. You are responsible for accurate classification of the content privileges and any activity that occurs under your screen name. Our Services allow upload of data in many ways, associated with your profile, text, videos, links, photos, audio files and other media files and comments. While we may edit and make formatting changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
Information and content that you share, or post may be seen by other/selected Members or Visitors. Where we have made settings available, we will honor the choices you make about who can see content, your profile, or updates. Because you own your content and information and we only have non-exclusive rights to it, by classifying the Content, you may choose to make it available to others.
We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice. That means we can:
- Use your public story without identifying you as the creator.
- Edit or change your public story and you won’t be able to say we’ve treated it in a “derogatory” way. If your story contains content – like images, sounds, music or video – made by someone else, the copyright for that content may belong to them. Which usually means you’ll have to get their permission to do anything with it. That includes posting, submitting or uploading it to TELLaSTORY.
By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. TELLaSTORY generally does not intend to review content provided by our Members or others. You agree that we are not responsible for others’ (including other Members’) content or information. We cannot always prevent this misuse of our services, and you agree that we are not responsible for any such misuse. If you encounter any inappropriate Content, please report to:email@example.com
Some of the TELLaSTORY Services are supported by marketing revenue and may display advertisements and promotions. You hereby agree that TELLaSTORY may associate such advertising and promotions on the Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
Consequently, TELLaSTORY encourages you to maintain your own backup of your Content. In other words, TELLaSTORY will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content.
13. Intellectual Property Rights
We respect the intellectual property rights of others. We require that content posted by storytellers be accurate and not in violation of the intellectual property rights or other rights of third parties. We don’t own most of the photos and pictures on the site. But whoever does is often credited. This is why we won’t let you use photos and pictures from TELLaSTORY for commercial purposes. To use any of the following things:
- Pods/audio files.
- Our logo and/or other branding.
Or anything else that’s protected by copyright, you’ll need to get permission. Although sometimes we won't be able to give you permission because we don't always own the copyright. Our content often includes other people's content. There is some content we can give you permission to use, though.
As between you and TELLaSTORY, you own the content and information that you submit or post to the Services and you are only granting TELLaSTORY and our affiliates. TELLaSTORY reserves all of its intellectual property rights in the Services.
Public content that is covered by intellectual property rights, like photos and videos (IP content), does not give you any ownership in our Services. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post as Public on TELLaSTORY. When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of TELLaSTORY, to access and use that information, and to associate it with you (i.e., your name and profile picture). This IP License ends for the productive platform when you delete your content unless your content has been shared with others, and they have not deleted it.
Your use of others’ content and information posted on our Services, is at your own risk. Others may offer their own products and services through TELLaSTORY, and we aren’t responsible for those third-party activities. If Content links to any Third-Party, you should review any additional terms and privacy policies before acquiring, using, requesting, or linking your TELLaSTORY Account to it. TELLaSTORY does not license any intellectual property to you as part of any Third-Party Apps and Services. TELLaSTORY is not responsible or liable to you or others for information or services provided by any Third-Party Apps and Services.
You also acknowledge the risk that you may be mistakenly associated with content about others when we notify your connections and followers. If anyone brings a claim against us related to your actions, content or information on TELLaSTORY, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
TELLaSTORY may be required by law to remove certain information or content in certain countries. TELLaSTORY shall not be liable for Your Content, material or other third-party material, including links to third-party websites and activities provided by users. Such content and activities are neither attributable to TELLaSTORY nor do they represent TELLaSTORY’s opinion. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. TELLaSTORY logos and other TELLaSTORY trademarks, service marks, graphics, and logos used for our Services are trademarks or registered trademarks of TELLaSTORY.
We may change, suspend, or discontinue any of our Services, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.
We strive to keep the Services up and running on an error free environment, “AS IS” and “AS AVAILABLE” basis. However, all online services suffer occasional disruptions and outages and we do not guarantee that the services will function without errors or disruptions, delays or imperfections. In the event of an outage or disruption to the Service, you may temporarily not be able to retrieve Your Content. We recommend that you regularly backup Your Content and Data that you store on the Services or store using Third-Party Apps and Services.
14. Contest and Promotions
Contests, and other similar promotions that you enter on a TELLaSTORY or in connection with TELLaSTORY service integrated with a third-party website, service, application, platform, and/or content may be subject to official rules and/or conditions that are supplemental to this Agreement, and which may provide details governing the TELLaSTORY program such as eligibility requirements, entry instructions, deadlines, prize information and restrictions.
If you wish to participate in any TELLaSTORY marketing program, please first review the applicable official rules and/or conditions. If official rules and/or conditions conflict with this Agreement, the provisions contained in the official rules and/or conditions govern and control the TELLaSTORY program. Your entry into a TELLaSTORY program constitutes User Generated Content and is subject to all provisions of this Agreement that govern your submission and our use of your User Generated Content.
15. Warranties and Limitation on Liability
TELLaSTORY service is provided "AS IS" and without warranty or condition. Our service may not be uninterrupted or error-free. You waive all special, indirect, and consequential damages against us. To the extent permitted under law (and unless TELLaSTORY has entered into a separate written agreement that overrides this contract), TELLaSTORY and its affiliates including those TELLaSTORY works with to provide the Services shall not be liable to you or others for any indirect, incidental, special, consequential or punitive damages, or any loss of data, opportunities, reputation, profits or revenues, related to the Services. We are not responsible for losses resulting from actions, content, information or data of third parties including any user of TELLaSTORY whether online or offline and we shall be liable only for losses which are a reasonably foreseeable consequence of such a breach and up to the amount you have paid us in the last 12 months. In no event will the TELLaSTORY total liability to any type of damages, losses or user actions exceed 500 EUR.
This limitation of liability is part of the basis of the bargain between you and TELLaSTORY and shall apply to all claims of liability (e.g. warranty, tort, negligence, contact, law) and even if TELLaSTORY or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose. These terms will not limit any non-waivable warranties or consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.
We do not retain data for law enforcement purposes unless we receive a valid preservation request. If law enforcement seeks information about a TELLaSTORY user who has provided consent for the official to access or obtain the user’s account information, the user should be directed to obtain that information on their own from their account.
16. Class Action Waver
Where permitted under the applicable law, you and TELLaSTORY agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless both you and TELLaSTORY agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.
We can each end this Contract anytime we want. Both you and TELLaSTORY may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. When your TELLaSTORY account is closed (whether by you or us), your right to use the account to access the Services stops. We’ll disassociate it from you and your account (unless we are required by law to keep it, return it or transfer it to you, or a third party identified by you). As a result, you may no longer be able to access any of the Services (or Your Content that you’ve stored on those Services) that require a TELLaSTORY account. You should have a regular backup plan. The following shall survive termination:
- Our rights to use and disclose your feedback.
- Members and/or Visitors’ rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination.
- Any amounts owed by either party prior to termination remain owed after termination.
You can terminate your TELLaSTORY membership at any time, and you will continue to have access to the service through the end of your billing period. To the extent permitted by the applicable law, payments are non-refundable, and we do not provide refunds or credits for any partial membership periods or unused TELLaSTORY content. To terminate your account, go to the "Subscriptions" page and follow the instructions for termination. If you terminate your membership, your account will automatically close at the end of your current billing period. If you have purchased your Paid Subscription through a third party, you must cancel directly with that third party.
To see when your account will close, visit the "Financials" page.
TELLaSTORY will terminate your account when there is an insufficient pre-paid balance to pay for the Service.
18. Governing Law
19. How to contact us