It’s all in the details
Terms and Conditions
Story Upload Terms and Conditions
Welcome to the Tell. Tale. Signs website (Site) which is an online, collaborative collection that allows anyone to post Stories that they wish to share with others. These Upload Terms and Conditions (Terms) create a legal contract between us and you the uploader (You). Visitors and users of the Site are referred to individually as a User and collectively as Users.
By uploading your Stories and Content to [website URL] you agree to the following:
- Each Story you upload is your original creation.
- You grant T.T.S (us) the right to reproduce, host, modify, edit, adapt, and communicate to the public your Story on a worldwide, non-exclusive, sub-licensable, irrevocable and transferable royalty-free basis for the duration of copyright in the Story and create derivate works including for commercial purposes, advertising, merchandising, commercial tie-ins, or other promotional purposes, in whole or in part, in any and all media formats and products and through any and all media channels or technologies.
- Notwithstanding the license granted in paragraph 2 above, You reserve the right to release and non-exclusively use Your Story at any time; provided, however that You may not withdraw or revoke any licence granted in these Terms that would inhibit the use of any Content based upon or incorporating any Story You have uploaded to the Site.
- You grant us the non-exclusive right to use and monetise your Story (or any part of it) and retain all proceeds.
- You have the right to authorise us to use the Story you upload (or any part of it) under these Terms.
- To the extent permitted by Australian law, You agree to transfer and assign any claims and assertions of any rights throughout the world that may be known as or referred to as “moral rights”, or any other rights of an author to control the use of a work, including how the work is displayed, attributed, distributed or otherwise exploited and/or any right to prevent revisions, alterations or distortions of a work (collectively, Moral Rights) with respect to any Story You upload to or through the Site. To the extent any Moral Rights that You may have in a Story You upload to or through the Site are not assignable pursuant to applicable law, then to the fullest extent permitted under applicable law, You hereby waive and agree never to support, maintain or permit any action based on any Moral Rights, including, without limitation, any limitation on subsequent modification, that You may have in or with respect to any Story You upload to or through the Site.
- You warrant that we are not required to pay – and will not pay – any reuse fees or applicable collecting society fees or other benefits or payments for any use of any Story pursuant to these Terms.
- You are solely responsible for each Story You upload to the Site and the consequences of uploading them to the Site. By uploading your Story, You affirm, represent, and warrant that: (a) You are the creator and owner of and have the necessary rights to use and to authorise us to use and distribute your Story as necessary to exercise the licenses granted by You in these Terms; (b) You have obtained all rights, licenses, permissions, authorisations, and consents from any persons referred to in any Story You upload to the Site necessary to comply with these Terms; (c) your Story does not and will not: (i) infringe, violate, or misappropriate any third-party right, including, but not limited to, any copyright, trade mark, patent, trade secret, moral right, privacy right, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property or proprietary rights of any other person; or (iii) require us or any assignees or licensees or any other user to pay any fees or royalties to any third parties for the right and license granted in these Terms; and (d) any Story You upload does not contain any viruses, adware, spyware, worms, or other malicious or harmful code.
- Prohibited Conduct. By using the Site, You agree not to: (a). upload to the Site any Story (or other content) for which You do not have all necessary rights, permissions, authorisations, consents, and licenses to grant the rights and make the covenants, representations, and warranties set out in these Terms; (b) assign, sublicense, distribute or otherwise transfer the licenses granted herein; (c) post, upload, or distribute any defamatory, libellous, or inaccurate Story; (d) post, upload, or distribute any Story that is unlawful or that a reasonable person could deem to be objectionable, defamatory, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate or shocking to the conscience; (e) impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Site accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Site, or perform any other similar fraudulent activity; (f) delete the copyright or other proprietary rights on the Site or Story; (g) make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Site. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures; (h) defame, harass, abuse, threaten or defraud Users of the Site, or collect, or attempt to collect, personal information about Users or third parties without their consent, or use the Site for any commercial use, it being understood that the Site is for Your personal, non-commercial use only; (i) use the Site if You are under the age of 13 years old; (j) modify, adapt, translate or create derivative works based on any Stories or other Content on the Site or any part of any Story or Content.
- Release. You agree not to hold us liable for the content, actions, or inactions of other Users of the Site, and You hereby release us (and T.T.S’s officers, directors, partners, agents, subsidiaries, licensees, and assignees, and each of its and their respective employees) from claims, demands, losses, liabilities, and damages, including, but not limited to, actual and consequential, of every kind and nature, known and unknown, arising out of or in any way connected with any dispute You have or claim to have with one or more Users. Any dispute You have with another User of the Site is to be resolved by You and such User in any forum with jurisdiction over such dispute with no involvement by or liability to us.
- Indemnity. If anyone brings a claim against us related to Your actions, Story, Content or information uploaded to the Site, 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..
- These Terms are governed by the law of Victoria, Australia and you submit to the exclusive jurisdiction of the courts exercising jurisdiction there.
In these Terms, ‘us’, ‘we’ and ‘our’ means [Tell. Tale. Signs].
- Collection Notice
- Intellectual property rights
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trade marks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).
Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.
Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. You must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.
- No commercial use
This website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.
- Unacceptable activity
We have the right to take down any Content you upload at our sole discretion and without notice. You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
- any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
- using this website to defame or libel us or other individuals;
- uploading files that contain viruses that may cause damage to our property or the property of other individuals;
- posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.
- Warranties and disclaimers
To the maximum extent permitted by law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.
We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
To the maximum extent permitted by law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
- Jurisdiction and governing law
Your use of the website and these Terms are governed by the law of Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction there.