Terms of Service
Effective date: July 7, 2015
Thanks for using our services (“Services”). The Services are provided by LifeTales Inc., located at 10 Dundas St E, Toronto, ON M5B 2G9
Use of the Services
LifeTales enables you to record your own stories from the past and present and comment on stories shared by others. You can share your own stories with whoever you choose, including family, friends, and the general public, You can view, and share through our mobile and web-based apps and our site (each an “App”). As long as you comply with these Terms, you have the right to download and install a copy of the App to your mobile device, and to access and use the Services, for your own personal use. You may not: (i) copy, modify, or distribute the App for any purpose; (ii) transfer, sublicense, lease, lend, rent, or otherwise distribute the App or the Services to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of the App or the Services; (iv) make the functionality of the App or the Services available to multiple users through any means; or (v) use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.
By using the Services, you agree to our storage and use of the information you provide to us. We may use this information in many ways, including but not limited to providing you with communications regarding service announcements and administrative messages.
Your Content is defined as Stories (videos, pictures, audio and text) originated in your account and Comments (videos, pictures, audio and text) contributed by you to Stories originated by others. You control the sharing of Stories originated by you. You will also be able to view the sharing settings of Stories originated by others. Public Content is content that has been shared with the general public.
You retain ownership of any intellectual property rights that you hold in that content; what belongs to you stays yours. You are responsible for all your own Content added on LifeTales.
You agree not to add Content that is intended to be shared with the broad public (Public Content) that infringes or violates someone else's rights or otherwise violates the law. You agree not to add Public Content of a sexual or explicit nature or Public Content that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or tortuous. You agree not to add unauthorized commercial communications, commonly known as spam.
When you add any Content to our Services, you give LifeTales (and those we work with) a worldwide license to use, host, store, reproduce, modify (so that your content works better with our Services), and distribute such content according to the Sharing settings for each story. The rights you grant in this license are for the limited purpose of operating and improving our Services, and to develop new ones. This license continues even if you stop using our Services.
When you add Public Content, you give LifeTales the additional license to modify, create derivative works (such as those resulting from translations, adaptations or other changes), communicate, publish, publicly perform, publicly display and distribute such content. This license also continues even if you stop using our Services.
You acknowledge that LifeTales may not monitor or control your Content and does not support or guarantee the accuracy of any Content. You understand that you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate. LifeTales will not be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content added, transmitted or otherwise made available via the Services.
We can remove any Content you add to LifeTales and/or disable your account if we determine in our sole discretion that such action(s) is appropriate.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time, although we’ll be sorry to see you go. LifeTales may also stop providing Services to you, or add or create new limits to our Services at any time.
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of our Services.
LifeTales reserves the right to delete any account, including all of its content, if it has been dormant for a period of 6 months or more.
End User License Grant
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Services for your personal, noncommercial use only and as permitted by the features of the Service. LifeTales reserves all rights not expressly granted herein. LifeTales may terminate this license at any time for any reason or no reason.
In order to use our Services:
- You agree to comply with applicable laws and regulations and not participate in, facilitate, or further illegal activities;
- You agree not to access, tamper with, or use non-public areas of the Services, LifeTales’ computer systems, or the technical delivery systems of LifeTales’ providers;
- You agree to prevent violations and enforce these Terms of Service and remediate any violations, and that we can take any technical, legal, and other actions that we deem, in our sole discretion, necessary and appropriate, without notice to you.
- You agree to immediately notify us if you learn of a security breach or other illegal activity on the Services;
- You agree not to use any process or means, whether automated or manual, to capture data of any other user of LifeTales for any reason; and
- You agree not use any process or code to damage, disable, impair, or otherwise attack LifeTales or the networks connected to LifeTales.
- You agree not to use the Service for any commercial uses.
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER LIFETALES NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for our Services
WHEN PERMITTED BY LAW, LIFETALES, AND LIFETALES’ SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF LIFETALES, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, LIFETALES, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms when they occur. Changes will become effective no sooner than three weeks after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
These terms control the relationship between LifeTales and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
Governing Law, Jurisdiction, and Exclusivity
The laws of Ontario, Canada will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the provincial courts of Ontario, Canada, and you and LifeTales consent to personal jurisdiction in those courts.
To contact LifeTales, please email us at email@example.com or call us at (416) 222-6442.