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Terms and Conditions

Terms of Use

PLEASE READ THIS AGREEMENT CAREFULLY, IT CONTROLS THE WAY YOU CAN AND MUST NOT USE OUR WEBSITE AND MOBILE DEVICE SOFTWARE APPLICATION “STORY SPHERES”. THE AGREEMENT ALSO DESCRIBES THE PROMISES YOU MAKE TO US ABOUT YOUR USE OF STORY SPHERES. AMONG OTHER THINGS, THE AGREEMENT SETS OUT LIMITATIONS OF LIABILITY AND THE WAY YOU OR WE CAN TERMINATE THIS AGREEMENT.

Acceptance of The Terms of Use

This agreement sets out the terms upon which you and Grumpy Sailor Creative Pty Ltd (ABN 168 943 995) (with its licensees and assigns “we”, “our” or “us”) agree that you can use Story Spheres. This agreement incorporates, by reference, the Google Play Terms of Service and any other terms of service which apply to any services or devices that you use to access, download, operate and use Story Spheres (for example, but without limitation, those of your internet service provider, your telephony services provider, or Google’s terms of service for its Google Mobile Maps Service).

This agreement also governs any updates, upgrades and new and amended versions of Story Spheres, unless such versions are accompanied by new terms for use, which will govern those versions.

By accessing or using Story Spheres, you are agreeing to the following Terms as well as being bound by our Privacy Policy. If you do not agree to these Terms, do not use this Service. These Terms apply to all visitors, users and others who access Story Spheres (“Users”).

Use of the Service

You can only use Story Spheres if you are eighteen (18) years of age or older. If you are eligible we grant you a non-exclusive, limited, terminable, personal, non-commercial, non-transferable and un-sub-licensable right to use and access Story Spheres on the terms set out in this agreement. All rights not expressly granted to you under this agreement are reserved.

Unauthorized Actions

You must not, nor attempt to, copy, reproduce, re-sell, redistribute, adapt, vary, decompile, reverse engineer or modify Story Spheres or any part of it. Nor must you seek to derive its source code (except where you are expressly permitted by us in writing to do so, or to the extent that the terms of use for open source component of Story Spheres expressly forbid such an injunction in relation to that component).

You must not, in using Story Spheres: attempt to interfere with or compromise the system integrity or security or intercept and decipher any transmissions to and from the server; collect or harvest any personally identifiable information from Story Spheres including but not limited to account names; upload invalid data including but not limited to viruses, worms or other software agents through Story Spheres; impersonate anyone, or misrepresent your association with another a person or entity.

You must not post User Content that may create a risk or harm others through mental injury or emotional distress; you agree not to expose Users to imagery, audio or text that is inappropriate (as we may determine) including but not limited to content that: contains acts of violence; nudity; sexual content; unlawful content; material that threatens, harasses or bullies other users, or which includes abusive; racially or ethnically offensive content; defamatory content; humiliating content; content which is invasive of personal privacy; profanity; or material which promotes hatred toward groups of people based on their race or ethnic origin, religion, disability, gender, age, veteran status, or sexual orientation/gender identity.

You must not post User Content that contains information, imagery or audio that you do not have a right to make available or to upload. You promise that any User Content you post does not and will not infringe upon third-party rights of any kind including Intellectual Property rights, rights of privacy and rights of publicity.

Service Rules

Your Story Spheres registration gives you access to the services and functionality of Story Spheres that we establish and maintain from time to time and at our sole discretion.

We may, without any prior notice, change or cease providing Story Spheres; create usage limits; suspend your access or permanently remove you from Story Spheres, and without notice and without liability.

Story Spheres may review every user account and assess the use of space and bandwidth, as well as apply and restrictions or additional fees to those accounts, at our sole discretion.

Third Party Devices, Use of Data and Risk

Story Spheres is designed to provide additional functionality and compatibility with certain third party devices. We are not responsible in any way for any personal injury, property damage or any other issue that might arise from using any third party device with Story Spheres.

Use of Story Spheres is entirely at your own risk. For example, location data is provided via Story Spheres only for general and basic location-fixing purposes: it cannot be relied upon where a precise location is required or where incorrect location data may be undesirable to you or may result in danger, damage, injury, sickness, death or liability for regulatory non-compliance, trespass or other breach of any law, by-law or regulation.

We cannot guarantee that unauthorised third parties will not be able to overcome our security measures or use your personal information. You provide personal information at your own risk.

User Content

Some areas of Story Spheres allow users to post and make available content such as profile information, comments, descriptions, tags, photos, audio and more (any such materials that you make available to Story Spheres is referred to as “User Content”). You retain ownership of your User Content, subject to the licence granted in this agreement.

Where your User Content contains music you represent that you are the owner of all copyright rights and/or licenses necessary to allow you to upload that material including without limitation the performance, mechanical and sound recording rights with respect to each and every musical composition (including lyrics) and sound recording uploaded as User Content. You hereby warrant that you have the authority to grant the license below.

You promise that Story Sphere’s use of your User Content will therefore not violate any law or infringe upon the rights of third parties’, including but not limited to intellectual property rights and privacy rights.

Licence of User Content

You expressly grant, represent and warrant that you have all the necessary rights in order to grant Story Spheres a non­exclusive, perpetual, royalty free, transferable, worldwide license to use, reproduce, adapt, edit, modify, publish, distribute, exhibit and communicate all your User Content including your voice, name or likeness, or that of anyone else, as contained in your User Content, in any form accessed through any media or technology. You also grant each user of Story Spheres a licence to view and access your User Content as permitted by the functionality of Story Spheres.

If you delete your User Content, Story Spheres may retain server copies of such User Content after deletion or removal.

Except for your User Content, Story Spheres and all materials therein including but without limitation to software, images, logos, text, graphics, logos and all intellectual property rights for these materials, remain the exclusive property of Story Spheres.

Third Party Material

We may make available via Story Spheres; content, data, information, applications, services, websites and materials from third parties (“3rd Party Material”). We do not make any representation about, nor do we evaluate or examine 3rd Party Material, whether for usefulness for purpose, accuracy, completeness, legal compliance, availability or otherwise. You use and access 3rd Party Material entirely at your own risk. We may remove, suspend access to, change or otherwise deal with 3rd Party Material at any time, for any period and to any extent, without notice to you and without any liability or obligation to you. (Any owner or controller of any 3rd Party Material may do the same.) In using Story Spheres you understand that you may be exposed to User Content that is inaccurate or inappropriate and agree that Story Spheres will not be liable for any damages alleged to occur as a result of User Content.

Privacy

Subject to our Privacy Policy, as long as we do not disclose your personal identity in doing so, we can collect, copy, communicate, adapt and exploit data from your use of Story Spheres (and, for the avoidance of doubt, associated 3rd Party Material) and associated devices, systems, software and peripherals, in order to improve our products and the delivery of our services to you and to comply with Google’s terms of service.

Exclusion of Liability

You acknowledge that third parties have licensed and will license certain components of Story Spheres to us. Accordingly to the extent permitted by law, for example under the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010 (the “ACL”), we make no warranties in relation to Story Spheres other than those contained in this agreement; we do not make any warranties that Story Spheres will be error-free or constantly available, or bug-free; and we (including our agents, employees or contractors) will never be liable for any indirect, incidental, special, exemplary, or consequential damages whatsoever, whether arising in contract, tort (including negligence) or otherwise arising from the provision or use of Story Spheres.

Notwithstanding anything else in this agreement, if any of the exclusions or limitations set out above are declared illegal or void, then to the extent permitted by law, our liability for breach of a condition or warranty implied into this agreement by the ACL (or otherwise) is limited, at our discretion, to either supplying, replacing or repairing Story Spheres or supplying again the services, in respect of the breach.

Nothing in this agreement excludes, restricts or modifies any condition, warranty, right or remedy implied or imposed by statute or regulation if it cannot lawfully be excluded, restricted or modified.

Termination

The licence granted to you under this agreement continues until it is terminated. You can terminate it by deleting and uninstalling Story Spheres from all devices in your possession, power or control. It will terminate immediately and automatically if you do not comply with the terms of this agreement. We can terminate it at any time.

The termination of this agreement is without prejudice to the rights of either party that accrued prior to termination, nor to any provision of this agreement which, by its terms, is intended to survive the termination of this agreement.

On termination of this agreement, you must immediately cease using Story Spheres.

Indemnity

You indemnify us and will hold us (and our subsidiaries or other affiliated companies and individuals) harmless for any and all costs, damage or liability (including legal fees on a solicitor client basis) that we may suffer as a result of your failure to comply with this agreement, or from your use of Story Spheres.

Governing Law

This Service is controlled and operated from Australia and Story Spheres makes no representations that Story Spheres if appropriate or available in other locations. Those who access Story Spheres from other jurisdictions do so at their own volition. This agreement is governed by the laws in force in the state of New South Wales in Australia and the parties submit to the exclusive jurisdiction of the courts of that state.

General

If part or all of any clause of this agreement is invalid, illegal or unenforceable then such clause will be severed from this agreement which will not affect the continued operation of the remaining provisions of this agreement.

In this agreement (except to the extent that the context otherwise requires) words denoting the singular include the plural and vice versa; words denoting individuals or persons include bodies corporate and trusts and vice versa; a reference to a document or agreement includes a reference to that document or agreement as changed, novated or replaced from time to time; a reference to a party includes a reference to that party’s successors and assigns; words and phrases defined in the Copyright Act 1968 (Cth) have the same meaning in this agreement unless the context manifestly requires otherwise

Entire Agreement

This Agreement along with our Privacy Policy constitutes the entire agreement between you and us.