Terms of Service
Dated: November 1, 2023
Welcome to QuickTales!
Introduction
Thank
you for using the QuickTales platform and the products, services and features
we make available to you as part of the platform (collectively, the Service ).
Our Service
The Service allows you to easily tell, hear and share meaningful
short audio stories about the people, places, things and captured moments right
in front of you, or remotely from anywhere.
Your Service Provider
The entity providing the
Service is Tales Studio, Inc., a Delaware corporation, located at 22014
Vincennes Street, Chatsworth, CA 91311 (referred to as QuickTales , we ,
us , or our ). References to QuickTales Affiliates in these terms means
the other companies within the Tales Studio corporate group (now or in the
future).
Applicable
Terms
Your
use of the Service is subject to these terms. Please read this Agreement
carefully and make sure you understand it. If you do not understand the
Agreement, or do not accept any part of it, then you may not use the Service.
Who may use the Service?
Age Requirements
You
must be at least 13 years old to use the Service; however, children of all ages
may use the Service if enabled by a parent or legal guardian.
Permission by Parent or
Guardian
If you are under 18,
you represent that you have your parent or guardian s permission to
use the Service. Please have them read this Agreement with you.
If you are a parent or legal guardian of a user under the age of
18, by allowing your child to use the Service, you are subject to the terms of
this Agreement and responsible for your child s activity on the Service.
Businesses
If you
are using the Service on behalf of a company or organization, you represent
that you have authority to act on behalf of that entity, and that such entity
accepts this Agreement.
Your Use of the Service
Content on the Service
The
content on the Service includes audio, graphics, photos, text, branding
(including trade names, trademarks, service marks, or logos), interactive
features, software, metrics, and other materials whether provided by you, QuickTales
or a third-party (collectively, "Content ).
Content is the responsibility of the person or entity that
provides it to the Service. QuickTales is under no obligation to host or serve
Content. If you see any Content you believe does not comply with this
Agreement, you can report it to us.
QuickTales Accounts
You can
use parts of the Service, such as browsing, searching and listening to
Content, without having a QuickTales account. However, you do need a QuickTales
account to use some features, such as creating a QuickTale. To protect your QuickTales
account, keep your password confidential. You should not reuse your QuickTales
account password on third-party applications.
Your Information
Our Privacy
Policy explains how we treat your personal data and protect your
privacy when you use the Service.
Permissions and
Restrictions
You may
access and use the Service as made available to you, as long as you comply with
this Agreement and applicable law. You may view or listen to Content for your
personal, non-commercial use.
The following
restrictions apply to your use of the Service. You are not allowed to:
1.
access, reproduce, download, distribute, transmit, broadcast,
display, sell, license, alter, modify or otherwise use any part of the Service
or any Content except: (a) as expressly authorized by the Service; or (b) with
prior written permission from QuickTales and, if applicable, the respective
rights holders;
2.
circumvent, disable, fraudulently engage with, or otherwise
interfere with any part of the Service (or attempt to do any of these things),
including security-related features or features that (a) prevent or restrict
the copying or other use of Content or (b) limit the use of the Service or
Content;
3.
access the Service using any automated means (such as robots,
botnets or scrapers) except (a) in the case of public search engines, in
accordance with QuickTales robots.txt file; or (b) with QuickTales prior
written permission;
4.
collect or harvest any information that might identify a person
(for example, usernames or faces), unless permitted by that person or
allowed under section (3) above;
5.
use the Service to distribute unsolicited promotional or
commercial content or other unwanted or mass solicitations;
6.
cause or encourage any inaccurate measurements of genuine user
engagement with the Service, including by paying people or providing them with
incentives to increase a QuickTale s views or likes, or to increase a user s followers,
or otherwise manipulate metrics in any manner;
7.
misuse any reporting, flagging, complaint, dispute, or appeals
process, including by making groundless, vexatious, or frivolous submissions;
8.
use the Service to view or listen to Content other than for
personal, non-commercial use (for example, you may not publicly screen QuickTales
or stream audio from the Service); or
9. use the Service to sell
any advertising, sponsorships, or promotions placed on, around, or within the
Service or Content, other than those allowed in an Organization s own space.
Reservation
Using the Service does
not give you ownership of or rights to any aspect of the Service, including
user-names or any other Content posted by others or QuickTales.
Develop, Improve and
Update the Service
QuickTales is constantly changing and improving the Service. As
part of this continual evolution, we may make modifications or changes (to all
or part of the Service) such as adding or removing features and
functionalities, offering new digital content or services or discontinuing old
ones. We may also need to alter or discontinue the Service, or any part of it,
in order to make performance or security improvements, make changes to comply
with law, or prevent illegal activities on or abuse of our systems. These
changes may affect all users, some users or even an individual user. When the
Service requires or includes downloadable software, that software may update
automatically on your device once a new version or feature is available,
subject to your device settings. If we make material changes that negatively
impact your use of the Service, we ll provide you with reasonable advance notice,
except in urgent situations such as preventing abuse, responding to legal
requirements, or addressing security and operability issues. We ll also provide
you with an opportunity to export your content from your QuickTales
Account, subject to applicable law and policies.
Your Content and Conduct
Uploading Content
If you have a QuickTales account, you may be able to upload
Content to the Service. You may use your Content to promote your business or
artistic enterprise. If you choose to upload Content, you must not submit to
the Service any Content that does not comply with this Agreement or the law.
For example, the Content you submit must not include third-party intellectual
property (such as copyrighted material) unless you have permission from that
party or are otherwise legally entitled to do so. You are legally responsible
for the Content you submit to the Service. We may use automated systems that
analyze your Content to help detect infringement and abuse, such as spam,
malware, and illegal content.
Rights you Grant
You retain ownership
rights in your Content. However, we do require you to grant certain rights
to QuickTales and other users of the Service, as described below.
License to QuickTales
By providing Content to
the Service, you grant to QuickTales a worldwide, non-exclusive, royalty-free,
sublicensable and transferable license to use that Content (including to
reproduce, distribute, prepare derivative works, display and perform it)
in connection with the Service and QuickTales (and its successors' and
Affiliates') business, including for the purpose of promoting and
redistributing part or all of the Service.
License to Other Users
You also grant each other
user of the Service a worldwide, non-exclusive, royalty-free license to access
your Content through the Service, and to use that Content, including to
reproduce, distribute, prepare derivative works, display, and perform it, only
as enabled by a feature of the Service (such as audio playback or embeds). For
clarity, this license does not grant any rights or permissions for a user to
make use of your Content independent of the Service.
Duration of License
The licenses granted by
you continue for a commercially reasonable period of time after you remove or
delete your Content from the Service. You understand and agree, however, that QuickTales
may retain, but not display, distribute, or perform, server copies of your Content
that have been removed or deleted.
Right to Monetize
You grant to QuickTales
the right to monetize your Content on the Service (and such
monetization may include displaying ads on or within Content or charging
users a fee for access). This Agreement does not entitle you to any payments.
Removing Your Content
You may remove
your Content from the Service at any time. You
also have the option to make a copy of your Content before removing it. You must remove your Content if you
no longer have the rights required by these terms.
Removal of Content by QuickTales
If any of your Content (1) is in breach of this Agreement
or (2) may cause harm to QuickTales, our users, or third parties, we
reserve the right to remove or take down some or all of such Content in our
discretion. We will notify you with the reason for our action unless we
reasonably believe that to do so: (a) would breach the law or the direction of
a legal enforcement authority or would otherwise risk legal liability for QuickTales
or our Affiliates; (b) would compromise an investigation or the integrity or
operation of the Service; or (c) would cause harm to any user, other third
party, QuickTales or our Affiliates.
Account Suspension & Termination
Terminations by You
You may stop using the Service at any time. You can close your QuickTales account
and remove your data. You also have the option to download a copy of
your data first.
Terminations and
Suspensions by QuickTales
QuickTales reserves
the right to suspend or terminate your QuickTales account or your access to all
or part of the Service if (a) you materially or repeatedly breach this
Agreement; (b) we are required to do so to comply with a legal requirement
or a court order; or (c) we reasonably believe that there has been conduct that
creates (or could create) liability or harm to any user, other third party, QuickTales
or our Affiliates.
Notice for Termination or
Suspension
We will notify you with
the reason for termination or suspension by QuickTales unless we reasonably
believe that to do so: (a) would violate the law or the direction of a legal
enforcement authority; (b) would compromise an investigation; (c) would
compromise the integrity, operation or security of the Service; or (d) would
cause harm to any user, other third party, QuickTales or our Affiliates.
Effect of Account
Suspension or Termination
If your QuickTales account is terminated or your access to the
Service is restricted, you may continue using certain aspects of the Service
(such as listening only) without an account, and this Agreement will continue
to apply to such use. If you believe that the termination or suspension has
been made in error, you can appeal that decision.
About Software in the Service
Downloadable Software
When
the Service requires or includes downloadable software, unless that software is
governed by additional terms which provide a license, QuickTales gives you a
personal, worldwide, royalty-free, non-assignable and non-exclusive license to
use the software provided to you by QuickTales as part of the Service. This
license is for the sole purpose of enabling you to use and enjoy the benefit of
the Service as provided by QuickTales, in the manner permitted by this
Agreement. You are not allowed to copy, modify, distribute, sell, or lease any
part of the software, or to reverse-engineer or attempt to extract the source
code of that software, unless laws prohibit these restrictions or you have QuickTales
written permission.
Open Source
Some
software used in our Service may be offered under an open source license that
we make available to you. There may be provisions in an open source license
that expressly override some of these terms, so please be sure to read those
licenses.
Other Legal Terms
Warranty Disclaimer
OTHER THAN AS EXPRESSLY
STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE SERVICE IS PROVIDED AS IS
AND QUICKTALES DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE
SERVICE. FOR EXAMPLE, WE DON T MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT
PROVIDED THROUGH THE SERVICE; (B) THE SPECIFIC FEATURES OF THE SERVICE, OR ITS
ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT
ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICE.
Limitation of Liability
EXCEPT AS REQUIRED BY
APPLICABLE LAW, QUICKTALES, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES
AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES,
BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF
DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:
1.
ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICE;
2.
PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF
THE SERVICE;
3.
ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE;
4.
ANY INTERRUPTION OR CESSATION OF THE SERVICE;
5.
ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE
SERVICE BY ANY THIRD PARTY;
6.
ANY CONTENT WHETHER SUBMITTED BY A USER OR QUICKTALES, INCLUDING
YOUR USE OF CONTENT; AND/OR
7.
THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.
THIS PROVISION APPLIES TO
ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
QUICKTALES AND ITS
AFFILIATES TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE
SERVICE IS LIMITED TO THE GREATER OF: (A) THE AMOUNT OF REVENUE THAT QUICKTALES
HAS PAID TO YOU FROM YOUR USE OF THE SERVICE IN THE 12 MONTHS BEFORE THE DATE
OF YOUR NOTICE, IN WRITING TO QUICKTALES, OF THE CLAIM; AND (B) USD $500.
Indemnity
To the extent permitted
by applicable law, you agree to defend, indemnify and hold harmless QuickTales,
its Affiliates, officers, directors, employees and agents, from and against any
and all claims, damages, obligations, losses, liabilities, costs or debt, and
expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your
violation of any term of this Agreement; (iii) your violation of any third
party right, including without limitation any copyright, property, or privacy
right; or (iv) any claim that your Content caused damage to a third party. This
defense and indemnification obligation will survive this Agreement and your use
of the Service.
Third-Party Links
The Service may contain
links to third-party websites and online services that are not owned or
controlled by QuickTales. QuickTales has no control over, and assumes no
responsibility for, such websites and online services. Be aware when you leave
the Service; we suggest you read the terms and privacy policy of each
third-party website and online service that you visit.
About this Agreement
Changing this
Agreement
We may
change this Agreement, for example, (1) to reflect changes to our Service or
how we do business - for example, when we add new products or features or
remove old ones, (2) for legal, regulatory, or security reasons, or (3) to
prevent abuse or harm.
If we materially change
this Agreement, we ll provide you with reasonable advance notice and the
opportunity to review the changes, except (1) when we launch a new product or
feature, or (2) in urgent situations, such as preventing ongoing abuse or responding
to legal requirements. If you don t agree to the new terms, you should remove
any Content you uploaded and stop using the Service.
Continuation of this
Agreement
If your
use of the Service ends, the following terms of this Agreement will continue to
apply to you: Other Legal Terms , About This Agreement , and the licenses
granted by you will continue as described under Duration of License .
Severance
If it
turns out that a particular term of this Agreement is not enforceable for any
reason, this will not affect any other terms.
No Waiver
If you
fail to comply with this Agreement and we do not take immediate action, this
does not mean that we are giving up any rights that we may have (such as the
right to take action in the future).
Interpretation
In these terms, include
or including means including but not limited to, and any examples we give
are for illustrative purposes.
Governing Law
All
claims arising out of or relating to these terms or the Service will be
governed by California law, except California s conflict of laws rules, and
will be litigated exclusively in the federal or state courts of Los Angeles
County, California, USA. You and QuickTales consent to personal jurisdiction in
those courts.
Limitation on Legal
Action
YOU AND QUICKTALES AGREE
THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST
COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH
CAUSE OF ACTION IS PERMANENTLY BARRED.
Effective as of November
1, 2023
