User Submissions and Ideas
- The Website may now or in the future, according to the collection and use of information practices outlined in our Privacy Notice (where relevant), offer users of the Service the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast or otherwise make available on or submit through the Service certain user-generated text, information, data, audio files, videos, graphics, photographs or other content, including and/or incorporating StoryToys Content with user-generated content (“User Submissions”) and the hosting, sharing, transmission and/or publishing of such User Submissions solely within the Service. User Submissions may be published by StoryToys and viewed by other users of the Service. You understand and acknowledge that StoryToys does not guarantee any confidentiality with respect to any User Submissions. If StoryToys provides the ability for you to submit User Submissions to the Service, you represent, warrant and confirm that you are the owner of any intellectual property rights in any such User Submissions that you submit, or have sufficient rights to submit the User Submissions to the Service without infringing any third-party intellectual property rights or other rights. If the Service permits you to use StoryToys Content, Licensed Elements on the Service, you will not own that content, but have the limited license to use the StoryToys Content and Licensed Elements in accordance with these Terms of Use. You will not be able to distribute, post, use or otherwise exploit User Submissions that incorporate StoryToys Content, Licensed Elements outside of the Service (e.g., you can’t post your User Submission on YouTube or Vimeo). Except to the extent the Service permits you to use StoryToys Content within a User Submission, StoryToys does not claim any ownership rights in any User Submission that you may submit or offer through the Service. However, to the extent you submit any User Submission, you acknowledge and agree that you automatically grant (and represent and warrant that you have the right to grant) a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, assignable, sub-licensable, non-exclusive right and license to StoryToys to:
- use, reproduce, distribute, remove, and analyse any of your User Submissions as StoryToys may deem necessary or desirable for any purpose in connection with the operation of the Service;
- copy, modify, and reproduce your User Submissions for marketing, promotional and/or other purposes in connection with StoryToys or the Service in any media; and
- use, edit, modify, reproduce, distribute, prepare derivative works of, display, post or otherwise make available your User Submissions to any other user in connection with any feature of the Service, and delete any or all of your User Submissions from the Service, whether intentionally or unintentionally, for any reason or no reason, without any liability of any kind to you or to any other party, and enable the Service or users of the Service to share or post your User Submissions on third party sites, such as, without limitation, on social networking sites.
- We are not obliged to monitor or moderate any User Submissions. Where we do monitor or moderate User Submissions we shall indicate how this is performed and who should be contacted in relation to any User Submission of concern to you. We may remove or edit any User Submission whether they are moderated or not.
- To the extent that you submit, via the Service or otherwise, any unsolicited concepts, ideas, or suggestions (collectively, the “Ideas”) for, by way of example and without limitation, any features or functionality for the Service, you agree that such Ideas are not confidential, and StoryToys shall not be liable for the disclosure of such Ideas. You hereby grant and agree to grant StoryToys, under all of your rights in the Ideas, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Ideas for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the Service, or any StoryToys product or service, without compensation or accounting to you and without further recourse by you.
Accuracy and availability
- While we try to ensure that the Service is accurate, up-to-date and free from bugs, we cannot promise that it will be. Also, we cannot promise that the Service will be fit or suitable for any purpose. Any reliance that you may place on the information on the Website or any StoryToys App is at your own risk. This is without prejudice to any rights you may have under applicable mandatory laws.
- The Website is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, educational, social, financial or legal advice or any other type of advice and should not be relied on for any purposes.
- While we try to make sure that the Service is available for your use, we do not promise that the Service is available at all times nor do we promise the uninterrupted use by you of the Service.
- We may change, upgrade, suspend or discontinue the Website and/or one or more parts and/or features of the Service at any time as we see fit without liability.
Limitation on our responsibility to you
- If we fail to comply with these Terms of Use, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching these Terms of Use or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us in advance.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights.
- We only supply the Service for domestic and private use. If you use the Service for any commercial, business, classroom (including without limitation if you use the Service in your capacity as an Educator) or re-sale purpose: (i) StoryToys will have no liability to you for any loss of profit or anticipated profit, loss of business, business interruption, loss of business opportunity, revenues or any indirect or consequential loss or damage; and (ii) StoryToys’ total aggregate liability under, arising out of or in connection with these Terms of Use in contract or tort (including negligence) or otherwise, shall in no circumstances exceed €10.00.
Linked websites
The Service may link you to other websites or otherwise include references to information, materials and/or services provided by other parties. These other websites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the website or party by us, or any warranty of any kind, either expressed or implied.
Our rights to end this contract
- Any failure to comply with any of these Terms of Use or any misrepresentation of any information furnished to us by you or anyone acting on your behalf may result in the immediate suspension or termination of your User Account or Educator Account and access to the Service without notice or liability to you. This is without prejudice to any other rights or remedies we may have under these Terms of Use or under applicable law.
- Termination of our contract will not affect provisions of the contract that are said to operate or have effect after termination and will not affect any existing rights or obligations or any rights or obligations which are intended to commence on or continue after termination of the contract.
Other important terms
- Transferring rights. We may transfer or assign our rights and obligations under these Terms of Use to another organisation. You may not transfer your rights or your obligations under these Terms of Use to another person.
- Variation. No variation of these Terms of Use that you purport will be effective unless we agree to it in writing.
- Severability. Each of the sections of these Terms of Use operate separately. If any court or relevant authority decides that any of them or part(s) of them are unlawful, the remaining sections and parts will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms of Use, or if we delay in taking steps against you in respect of you breaching these Terms of Use, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
- Rights and remedies. The rights and remedies provided under the Terms of Use are in addition to, and not exclusive of, any rights or remedies provided by applicable law.
- Disputes: We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with any matter regarding our relationship with you please contact our customer support team. If you and we cannot resolve a dispute using our internal complaint handling procedure, you may use the online dispute resolution (ODR) platform to resolve the dispute with us. For more details, please visit the website on the Your Europe portal: europa.eu/consumers/odr.
- Governing law: These Terms of Use are governed by Irish law. Subject to section 14.6 any dispute will be subject to the jurisdiction of the Irish courts. Nothing in this section limits or excludes any mandatory consumer protections applicable in the country of your residence which we are obliged to adhere.
Changes to these Terms of Use
- We may make changes to these Terms of Use from time to time and may do so for a variety of reasons including without limitation to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of these Terms of Use will be posted on the Website, on the StoryToys Apps and in the app store associated with your app channel provider. You should regularly check for the most recent version. If you continue to use the Service after the changes become effective you will be considered to have accepted those changes. If you do not agree to these changes, you must end your relationship with us by stopping your use of the Service.
- These Terms of Use were last amended on September 16, 2021. Previous versions of these Terms of Use, including their effective dates, are available here www.storytoys.com/terms/previous.
Additional terms
By using the Service through the following app channel providers, you agree to the following additional terms, where applicable:
App Store: https://www.apple.com/legal/internet-services/itunes/en/terms.html
Google Play: https://play.google.com/intl/en_us/about /play-terms.html
Amazon Appstore: https://www.amazon.com/gp/help/customer/display.html?nodeId=201485660&_encoding=UTF8&ref_=mas_help_legacy_legal_doc_page
Samsung: https://account.samsung.com/membership/etc/specialTC.do?fileName=samsungapps.html
Huawei: https://consumer.huawei.com/minisite/cloudservice/hiapp/terms.htm?code=US&branchid=2&language=en_US