T & O PTY LTD ACN 608 106 421 trading as Storyboard Social, and their legal affiliates, employees, managers, officers, agents and partners (collectively ‚ÄúStoryboard‚ÄĚ) have created an application that lets You match Your photos and videos with the places You visit. It is an application to create and share meaningful experiences or discover the stories told by others and connect with people from around the world.
Our current Terms are displayed on the Services at all times. We may change the Terms at our discretion and without notice. . If we change the Terms we will use all reasonable endeavours to provide users with the updates Terms. By continuing to use the Services You accept the Terms as they apply from time to time.
The Terms are in no way limited or altered by any other terms or conditions issued by Storyboard to the extent that they conflict with these Terms.
Storyboard reserves the right to amend, alter, modify or terminate the Services at any time, for any reason at their absolute discretion without notice or liability to You.
The Terms form a legally binding contract between You and Storyboard; we recommend that You read them carefully.
By using the Services, You agree to be bound by the Terms. If You do not agree with the Terms, do not use the Services.
USE OF OUR SERVICES
The use of the Services is limited to people of the age of 13 or over. No one under the age of 13 is permitted to use the Services. Some Services provided by Storyboard may be exclusive to age groups older than 13.
It is important that You read and understand the Terms carefully.
By using the Services, You warrant that:
You are entering into a binding agreement with Storyboard;
You understand and consent to all of the Terms;
You are solely responsible for Your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, location data, sounds, musical works, works of authorship, applications, links and other content or materials (‚ÄúContent‚ÄĚ) that You submit, post or display on or via the Service;
You understand that the Services contain unique location based functionality which captures, uses and publishes the location data within Your Content;
You consent to Storyboard capturing, using and publishing the location data in Your Content.
Storyboard strongly recommends that You do not post Content which identifies or contains Your personal information or that of Your family or friends such as Your home address, place or business or school.
You understanding and agree that Storyboard cannot, is not, and will not be¬† responsible for any Content that You post on the Services or any interaction You have with the Services or users of the Services;
You understand and agree that You use the Services at Your own risk;
You are solely responsible for Your interaction with other users of the Service, whether online or offline. You agree that Storyboard is not responsible or liable for the conduct of any user.
You will comply with all of the Terms and all relevant state, national and international laws, treaties, codes, rules and regulations with respect to the Services and the Content;
You will not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive Content via the Service;
You will not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and You must not post private or confidential information via the Service, including, without limitation, Your or any other person’s credit card information, tax file numbers, social security numbers,¬† non-public phone numbers or non-public email addresses;
You will not use the Services for illegal, or unauthorised purposes;
You will not create accounts with the Services through unauthorised means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper;
You will not access any part of the Services by means other than those provided for by the Services (including but not limited to Storyboard‚Äôs API) without written consent from Storyboard;
You will not attempt to restrict another user from using or enjoying the Services and You must not encourage or facilitate violations of these Terms or any other Storyboard terms.
You are responsible for all data charges You incur through use of the Service;
You will not interfere with or disrupt the Service, or any servers or networks provided to Storyboard by any means; and
You will not create false accounts for the purposes of deceiving, confusing, imitating or affecting the reputation of any individual, group, business, entity or brand.
By accessing or using the Services You represent and warrant that Your activities are lawful in every jurisdiction where You access or use the Services.
If You violate any of the Terms, Storyboard may, in their absolute discretion, terminate Your account or block or suspend You from using all or part of the Services.
Further, You agree that if You are using the Services on behalf of a business, partnership, company or any other commercial entity that You have express permission to do so and all necessary authority to bind that entity to the Terms and grant all licences set out in the Terms.
We reserve the right to refuse access to the Services to anyone for any reason at any time.
We reserve the right and sole discretion to determine that You have breached these Terms.
We reserve the right to force forfeiture of any username for any reason.
We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our absolute discretion violates these Terms.
We reserve the right, but are not obligated, to monitor or become involved in disputes between You and other users.
You agree that Storyboard does not endorse and is not responsible for any Content posted within the Service.
Storyboard is not obligated to pre-screen, monitor, edit, or remove any Content.
If Your Content violates these Terms, You may bear legal responsibility for that Content.
Any interaction You have with third parties through Your interaction with the Service, whether endorsed by Storyboard or otherwise is solely Your responsibility.
The Services or any correspondence that Storyboard may send You relating to the Services may contain links to, or information about third party websites, applications, features or services.
You expressly acknowledge and agree that Storyboard is in no way responsible or liable for any such third-party information, websites, applications, features or services and that You use them at Your own risk and absolute discretion and You hold Storyboard harmless for any damage You may incur through the use of such third-party information, websites, applications, features or services.
Although it is Storyboard’s intention for the Services to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
Storyboard reserves the right to remove any Content from the Services for any reason, without prior notice. Content removed from the Services may continue to be stored by Storyboard, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order.
Storyboard encourages You to maintain Your own backup of Your Content. In other words, Storyboard is not a backup service and You agree that You will not rely on the Services for the purposes of Content backup or storage.
Storyboard will not be liable to You for any modification, suspension, or discontinuation of the Services, or the loss of any Content.
You acknowledge that the internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
You agree that if You volunteer feedback, ideas, improvements, concepts or suggestions to Storyboard, Storyboard can use Your ideas without providing You with any form of compensation.
Storyboard‚ÄôS INTELLECTUAL PROPERTY
Unless otherwise indicated, Storyboard owns the intellectual property related to the Services.
Storyboard grants You a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable and non-sub-licensable licence to access and use the Services. This licence is for the sole purpose of letting You use and enjoy the Services in accordance with the Terms.
Any software that forms part of the Services may automatically download and install upgrades, updates or other new features. You may be able to adjust these automatic downloads through Your device‚Äôs settings.
You must not copy, modify, distribute, sell or lease any part of the Services.
You must not reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or You have Storyboard‚Äôs express written permission to do so.
Storyboard owns or licences content which is contained in the Services (“Storyboard Content“). Storyboard Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between You and Storyboard, Storyboard owns and retains all rights in the Storyboard Content and the Service.
You must not alter, conceal or remove any trademark, copyright, logo, Services mark or other proprietary rights notices accompanying or¬† incorporated in the Storyboard Content
You must not adapt, reproduce, modify, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Storyboard Content.
The Storyboard name and logo are trademarks of Storyboard, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Storyboard. In addition, all page headers, custom graphics, button icons and scripts are Services marks, trademarks and/or trade dress of Storyboard, and may not be copied, imitated or used, in whole or in part, without prior written permission from Storyboard.
YOUR INTELLECTUAL PROPERTY
You acknowledge and accept that parts of the Services may be supported by advertising revenue and the Services may display advertisements and promotions from time to time. You consent to Storyboard placing advertising and promotions on the Services and consent to Storyboard using or referring to Your Content in such advertising and promotions. The form, type and volume of such advertising and promotions are subject to change at any time in Storyboard‚Äôs absolute discretion without any notice to You.
You acknowledge that Storyboard may not always identify paid services, sponsored content or commercial communications as such.
You warrant that:
You own the Content posted by You on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms;
the posting and use of Your Content on or through the Services does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights;
You agree to pay for all royalties, fees, and any other monies owed by reason of Content You post on or through the Service;
You have the legal capacity to access and use the Services You; and
You have the right to enter into the Terms in accordance with the laws of Your jurisdiction.
Any Storyboard Content, publications or information provided by Storyboard are for Your information and interest only. They are not intended to be comprehensive, and they do not constitute and must not be relied on as advice.
TERMINATING YOUR ACCOUNT
You can deactivate Your Storyboard account by logging into the Services and selecting the ‚ÄėDelete Account‚Äô option.
If we terminate Your access to the Services or select the option above to deactivate Your account, Your photos, videos, stories, comments, likes, friendships, and all other data will no longer be accessible through Your account (e.g., users will not be able to navigate to Your username and view Your photos), but those materials and data may remain and continue to appear within the Services (for example if Your Content has been shared by others).
You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless Storyboard, our directors, officers, employees and affiliates from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including all legal fees) due to, arising out of or relating in any way to:
Your access to or use of the Services;
Your Content; and
Your breach of these Terms.
Under no circumstances will Storyboard be liable for any act or omission by Storyboard or contained within the Services.
Storyboard is not responsible to You or anyone else for any loss suffered in connection with the use of any of the Services. This includes, but is not limited to;
the transmission of any computer virus;
Your access to or use of or inability to access or use the Services;
Your access to or use of or inability to access or use Your Content or Storyboard‚Äôs Content;
any action taken in connection with an investigation by Storyboard or law enforcement authorities regarding Your or any other party’s use of the Service;
any damage to any user’s computer, mobile device, or other equipment or technology
any errors or omissions in the Service’s operation;
the conduct or Content of other users or third parties on or through the Services; or
unauthorised access, use or alteration of Your Content or posts.
Storyboard makes no warranties or representations about Storyboard, the Services or any of the Content.
To the maximum extent permitted by law, Storyboard will not be liable for any direct, indirect, incidental, economic, punitive, special or consequential loss whether express or implied. In no event will Storyboard‚Äôs aggregate liability for all claims relating to the services exceed the greater of $100 AUD or the amount You paid Storyboard, if any, in the last 12 months.
Storyboard does not represent that it holds the authorisations and approvals required to provide the Services in all jurisdictions where the Services may be viewed or used. You must ensure that access to and use of Storyboard and the Services is in accordance with the laws of Your jurisdiction.
DISPUTE RESOLUTION ‚Äď ARBITRATION ONLY
Please read the following paragraphs carefully because they require You to arbitrate disputes with Storyboard and limit the manner in which You can seek relief from Storyboard.
- Applicability of Arbitration Agreement. All claims and disputes arising out of or relating to these Terms or the use of the Services that cannot be resolved in the Queensland Civil and Administrative Tribunal will be resolved by binding arbitration on an individual basis, except that You and Storyboard are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
- Arbitration rules. The International Arbitration Act 1974(Cth) governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the Australian Centre for International Commercial Arbitration (‚ÄúACICA‚ÄĚ). If the ACICA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. ¬†ACICA¬†Arbitration Rules 2016 and¬†ACICA Expedited Arbitration Rules 2016 governing the arbitration are available online at¬†org.au¬†or by calling the ACICA at +61 (0) 2 9223 1099. The arbitration will be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000 AUD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 AUD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Additional rules for non-appearance arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
- Authority of the arbitrator. The arbitrator will decide the jurisdiction of the arbitration and the rights and liabilities, if any, of You and Storyboard. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum‚Äôs rules and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon You and Storyboard.
- Waiver of jury trial. You and Storyboard waive any constitutional and statutory rights to go to take a dispute to court. You and Storyboard elect to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between You and Storyboard over whether to vacate or enforce an arbitration award then clause 10 and 12 of these Terms will apply.
- Waiver of class or consolidated actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or be consolidated with those of any other customer or user. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither You nor we are entitled to arbitration: instead all claims and disputes will be resolved in a court as set out in clause 10 and 12 of these Terms.
- Confidentiality. No part of the procedures will be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, under a court order or unless required by law. Notwithstanding the above, no party will be prevented from submitting to a court of law any information needed to enforce this arbitration agreement, to enforce an arbitration award or to seek injunctive or equitable relief.
- Right to waive. Any rights and limitations set out in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.
- Opt-out. You may opt out of this arbitration agreement. If You do so, neither You nor Storyboard can force the other to arbitrate. To opt out, You must notify Storyboard in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include Your name and address, Your Storyboard username and the email address You used to set up Your Storyboard account (if You have one), and an unequivocal statement that You want to opt out of this arbitration agreement. You must send Your opt-out notice to this address: Storyboard (insert address here).
- Small claims court. Notwithstanding the above, either You or Storyboard may bring an individual action in the Queensland Civil and Administrative Tribunal.
- Arbitration Agreement survival. This arbitration agreement will survive the termination of Your relationship with Storyboard.
To the extent the parties are permitted under these Terms to initiate litigation in a court, both You and Storyboard agree that all claims and disputes arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the relevant court in Brisbane, Queensland, Australia. You and Storyboard consent to the exclusive jurisdiction of these courts.
Choice of law
The laws of Australia and Queensland govern these Terms and any disputes arising out of or relating to these Terms or their subject matter, including tort claims.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
Additional terms for specific Services
Given the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of Your agreement with us if You use those Services.
These Terms make up the entire agreement between You and Storyboard and supersede any prior agreements between You and Storyboard.
These Terms do not create or confer any third-party beneficiary rights.
If we do not enforce a provision in these Terms, it will not be considered a waiver.
We reserve all rights not expressly granted to You.
You may not transfer any of Your rights or obligations under these Terms without our consent.
These Terms were written in English and if the translated version of these Terms conflicts with the English version, the English version will control.