Terms of Service
Last Updated: June 7, 2018
Thanks for using the LifeTales software and services, which are provided through mobile and web-based apps, and include the Subscription Services as defined below (collectively, the“Services”).
The Services are provided by LifeTales Inc. (“LifeTales”,“we”,“us” or“our”), based in Toronto, Ontario, Canada. We make no representation that the information contained in the Services or your access to the Services is appropriate for you. You are responsible for compliance with local laws that apply at your point of access.
We may change or revise these Terms from time to time in our sole discretion, with or without notice to you. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms. Your access and use of the Services will be subject to the most current version of the Terms. Your use of the Services after such revised Terms are made available will signify your acceptance of such revised Terms and your agreement to be bound by them.
Use of the Services
The Services enable you to create, share and preserve stories, consisting of any combination of text, audio, video or photos (your“Story” or“Stories”). You can personalize each Story by choosing which user(s) of the Services that you choose to share each Story with, including family, friends and the general public. Users you’ve chosen to share your Story with can comment on and react to your Story. You can also comment on and react to stories shared with you by other users.
To use the Services, you must register for an account on the Services (your“Account”). You must provide accurate and complete information and keep your Account information updated. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You should never publish, distribute or post login information for your Account.
You can log in to the Services through your Account or you can access our Services via other social media platforms, such as Facebook.
Restrictions on Use of the Services
You may only use the Services for your personal, non-commercial use and as permitted by the features of the Services.
As an essential condition of using our Services, in addition to the representations and warranties with respect to any content you add to the Services (as set out below under the heading “Your Content”), you agree that you willnot:
- use the Service for any commercial uses;
- use any process or means, whether automated or manual, to capture data of any other user of the Services for any reason;
- copy, scrape, modify, or distribute all or part of the Services for any purpose;
- access, tamper with, or use non-public areas of the Services, our systems, or the technical delivery systems of our service providers;
- use any process or code to damage, disable, impair, or otherwise attack the Services or the networks connected to the Services;
- transfer, sublicense, lease, lend, rent, or otherwise distribute the Services to any third party;
- decompile, reverse-engineer, disassemble, or create derivative works of the Services;
- make the functionality of the Services available to multiple users through any means;
- use the Services to engage in unauthorized commercial communications or to “spam” other users; or
- use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.
You agree to comply with applicable laws and regulations and not participate in, facilitate, or further illegal activities with respect to the Services. You also agree to immediately notify us if you learn of a security breach or other illegal activity on the Services.
You acknowledge and agree that LifeTales can take any technical, legal, and other actions that we deem, in our sole discretion, necessary and appropriate, without notice to you, in order to prevent or remediate any violations and to enforce these Terms.
Your“Content” is defined as the Stories that you originate in your Account and your“Comments” (consisting of any combination of videos, pictures, audio and text) that you contribute to your own Stories or to those originated by others and shared with you.
You control the sharing of each Story originated by you, through your Sharing Settings: you can choose to make it private and share it with no one; share it with one or more users; or share it with the general public (“Public Content”).
Each user you share a Story with will be able to see which other users you have shared that particular Story. You will also be able to view Stories originated by others if they have chosen to share them with you, as well as the other users such stories have been shared with.
You are responsible for all your Content added to the Services. You acknowledge, represent and warrant to LifeTales that:
- you have the full rights and have obtained the full consent of all owner(s), creator(s) and participant(s) in connection with the Content and all underlying rights and permissions necessary to post or upload the Content to the Services;
- you will not upload or post any Content that infringes upon any of the rights of any third party, including, without limitation, copyright, trademark and other intellectual property rights, rights of publicity or privacy, or otherwise violates any law; and
- you will not add Content that is sexually explicit, obscene, pornographic, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, or otherwise unlawful.
You acknowledge that LifeTales may or may not monitor or control all content, including your Content, added to the Services to ensure that these Terms are being adhered to. LifeTales does not support or guarantee the accuracy of any content on the Services. You understand that you may be exposed to content posted by others that might be offensive, harmful, inaccurate or otherwise inappropriate.
If we become aware of any Content you add to the Services that is in breach of the Terms, we can choose to remove such Content and/or disable your Account if we determine in our sole discretion that such action(s) is appropriate.
Intellectual Property & Limited Licences
Limited Licence Granted to Users
The Services are owned and operated by LifeTales. Your use of the Services is governed by applicable copyright, trademark, patent and other intellectual property laws.
Provided you adhere to these Terms (including, without limitation, the terms and conditions set out above under the headings “Restrictions on Use of the Services” and “Your Content”), LifeTales grants you a non-exclusive, limited, non-transferable, freely revocable license to use the Services for your personal, non-commercial use only and as permitted by the features of the Services. We reserve all rights not expressly granted to you in these Terms. We may terminate this license at our sole discretion, at any time for any reason or no reason.
Your unauthorized use of the Services may violate applicable laws and we reserve all rights to pursue any remedy we may choose.
Limited Licence Granted to LifeTales
You retain ownership of any intellectual property rights that you hold in your Content. By using the Services, you provide LifeTales with a limited license to use your Content in order to provide our Services to you (as described below).
When you add any Content to our Services, you give LifeTales and our service providers, a non-exclusive, perpetual, royalty-free and freely assignable right and worldwide license to use, host, store, reproduce, technically modify and distribute such Contentaccording to the Sharing Settings you have selected for each Story, with no compensation, payments, residuals, reuse fees or other payments to you by LifeTales. The rights you grant to us in this license are for the limited purpose of us operating our Services and carrying out the activities you have requested (for example, sharing a Story with the particular users you have selected). This license continues even if you stop using our Services.
When you add Public Content, you give LifeTales an additional non-exclusive, perpetual, royalty-free and freely assignable right and 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, with no compensation, payments, residuals, reuse fees or other payments to you by LifeTales. This license also continues even if you stop using our Services.
Modifying & 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 all or part of the Services altogether.
You can stop using our Services or cancel your Account 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 Content and preserving your access to such Content is important. If we discontinue all or part of our Services, where reasonably possible, we will give you reasonable advance notice and an opportunity to download your Content from our Services.
However, if you’re not actively using our Services, we can’t keep your Content indefinitely. We reserve the right to delete your Account, including all of its Content, if it has been dormant for a period of six (6) months or more. This deletion would be permanent, with no possibility of reactivation.
Subscription to Premium Options
Access to the basic LifeTales Service is free. However, you may choose to enhance your experience by subscribing to certain paid aspects of our Services (“Subscription Services”).
Subscription Terms & Renewals: Subscriptions are available for monthly or annual terms, as indicated in the description of the particular Subscription Service. Monthly subscriptions will be automatically renewed each month; annual subscriptions will be renewed on a month-to-month basis after the end of the first year. Your subscription will not be renewed if you notify us in writing and before the time for renewal that you do not want to renew your subscription.
Pricing Changes: LifeTales reserves the right to change the pricing of our Subscription Services at any time. In the event of a price change, we will post the new pricing on the App and will notify you in advance by sending an email to the address on your Account and seek your consent for such change. If you do not agree with the price change, you can choose to terminate your subscription.
Fees and Billing: When you register for one of our Subscription Services, all financial information will be collected and processed by a third party payment processor. By providing an active credit card for a Subscription Service, you are agreeing to pay the subscription fee for that service and any applicable taxes and service fees (collectively, the “Fees”) on a monthly or annual basis, as applicable.
Fees will be charged to your credit card automatically once you sign up for the Subscription Service and at the beginning of each renewal term on the calendar day corresponding to the commencement of your Subscription Service, unless you cancel your subscription or your Account is suspended or terminated by LifeTales in accordance with these Terms. If your subscription term begins after the 28th day of a month, then in any subsequent month in which that day does not occur, your credit card will be charged on approximately the last day of such month. You acknowledge and agree that the Fees charged to your credit card may vary from one billing period to the next, due to changes in your Subscription Service or applicable taxes, and you authorize LifeTales (or our third party payment processor) to charge your credit card for these amounts.
Refund Policy: All Fees are non-refundable. If you cancel your subscription during the existing subscription term, you will not receive a refund for any portion of the Fees for the remainder of that subscription term. You will have continued access to the Subscription Service until the end of the existing subscription term.
Cancelling your Subscription: You may cancel your subscription at any time, by contacting us at the contact information set out at the end of these Terms. If you cancel your subscription, the cancellation will go into effect at the end of the then-current subscription term. You will have continued access to the Subscription Service for the remainder of your paid subscription term. You must cancel your subscription before it renews to avoid paying the Fees for the next billing period. After cancellation of your subscription, you will continue to owe any accrued amounts due under these Terms and not yet paid. You acknowledge and agree that cancellation of your subscription is your sole recourse if you have any dissatisfaction, issue or concern related to LifeTales, our Services or these Terms, including Fees, applicable taxes, or billing methods.
Links to Other Websites or Apps
In your communications with us or postings on the Services, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services (collectively,“Unsolicited Ideas and Materials”). We will be free to use or copy all or a portion of any Unsolicited Ideas and Materials you post on the Services or send to us, including any ideas, inventions, concepts, techniques or know-how disclosed, for any purposes. Such purposes may include disclosure to third parties and/or developing, creating and/or marketing goods or services.
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 provided at the time you sign up for our Services, neither LifeTales nor our 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 on an “as is” basis.
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
Just like any other website or app you use, when you access our Services, you assume all risk associated with any viruses, worms, Trojan horses and other destructive items. You should take any necessary precautions before you access our Services in respect of any such potential risks.
To the greatest extent permitted by law, LifeTales, and our suppliers and distributors, will not be responsible for lost profits, revenues or data, financial losses or indirect, special, consequential, exemplary, or punitive damages resulting from use of the Services.
Where permitted by law, the total liability of LifeTales, and our suppliers and distributors, for any claim under these Terms, including for any implied warranties, is limited to the amount you have paid us to use the Services.
In all cases, LifeTales, and our suppliers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable.
To the full extent permitted by applicable law, you agree to defend, indemnify and hold harmless LifeTales, its affiliates and subsidiaries, and each of their employees, officers, directors, consultants, affiliates, subsidiaries, shareholders, related entities and agents from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Services or your breach of the Terms. We will provide notice to you promptly of any such claim, suit, or proceeding and may choose in our sole discretion to assist you, at your expense, in defending any such claim, suit or proceeding.
About these Terms
We may modify these Terms or any additional terms that apply to our Services to, for example, reflect changes to the law or changes to our Services. You should review these Terms regularly. We will post notices of material modifications to these Terms when they occur and will send you notice through the Services, via e-mail or by another appropriate means of electronic communication of any material change to the Terms, providing you with an opportunity to accept or reject the change. Material changes will become effective no sooner than thirty (30) days 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, you should discontinue your use of the Services.
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 waiving or giving up any rights that we may have (including, but not limited to, taking action in the future).
If any provision of the Terms is declared unlawful, void or for any reason, unenforceable, then that provision will be deemed severable from the Terms and will not affect the validity and enforceability of any remaining provisions.
Entire Agreement, Choice of Laws
These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to rules relating to conflict of laws. Any action relating to the Terms must be brought in Toronto, Ontario, Canada and you irrevocably consent to the jurisdiction of such courts.
We make no claims that the Services may be lawfully viewed or accessed outside of Canada. Access to the Services or their contents may not be legal by certain persons or in certain countries. If you access our Services from outside of Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
To contact LifeTales, please email us at email@example.com call us at +1 (416) 222-6442.