Tale Out Terms of Service

Last Updated: 13th October 2023

1. Acceptance of Terms

1.1. Access: B accessing or using the services provided by Tale Out ("we," "us," or "our"), you agree to comply with and be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you will not be able to use our services. We reserve all rights not expressly granted under these Terms.

1.2. Acceptance : By using the services, either:

if you are at least 18 years old, you represent and warrant that you have the capacity to accept these Terms on your own behalf; or
for any users below the age of 18, their parent or guardian has reviewed and consented to their use of the services, and accepted these Terms on their behalf.

2. Changes to Terms

We reserve the right to modify, update, or change these Terms at any time without prior notice. In the event that these Terms are modified, we will upload the modified Terms to our website. It is your responsibility to review these Terms regularly to stay informed of any changes. Your continued use of our services after any modifications will constitute your acceptance of the revised Terms.

3. Use of Services

3.1. User Account: To access certain features of our services, you may need to create an account. You are responsible for maintaining the security and confidentiality of your account information and are liable for all activities that occur under your account.

3.2. Prohibited Activities: You agree not to engage in any of the following activities, or encourage, cause any of the following activities:

Violating any applicable laws or regulations.
Impersonating any person or entity.
Distributing, transmitting, or uploading any content that is unlawful, harmful, threatening, abusive, or otherwise objectionable.
Interfering with the proper functioning of our services.
Infringing our intellectual property rights.

You agree to indemnify us for any loss or damage suffered by us, including consequential loss, if you engage in any of the activities referred to above in clause 3.2.just may

4. Privacy Policy

4.1 Privacy: Your use of our services is also governed by our Privacy Policy, which can be found at Privacy Policy. Please review our Privacy Policy to understand how we collect, use, and protect your personal information. By using our services, you agree to comply with the terms of our Privacy Policy.

4.2 Information Security: We implement and maintain security measures designed to protect your information from unauthorized access, destruction, use, modification or disclosure.

4.3 Data Privacy: Our Privacy Policy describes how we collect, use, disclose and store your personal data. By using our services, you confirm that you have read, understood and agree to our Privacy Policy in full, and that the Privacy shall be incorporated into these Terms to the extent possible.

5. Intellectual Property

5.1. Ownership: All content and materials provided in connection with our services, including but not limited to text, graphics, logos, images, video content, audio content, user generated content, and software (including source and object code), are the property of, or licenced by Tale Out and are protected by intellectual property laws.

5.2. License: We grant you a limited, non-exclusive, non-transferable license to use our services and the content for personal, non-commercial purposes.

5.3. Prohibited Use: You may not reproduce, distribute, modify, or create derivative works from our intellectual property without our prior written consent. Furthermore, you may not use our content in a way that infringes upon our intellectual property rights or violates these Terms.

5.4 Third party intellectual property: To the extent applicable, we represent and warrant that we have all required licences and authorisations required to use and display any third party intellectual property that is integrated with our services. By using our services, you represent and warrant to us that you will not infringe any third party intellectual property integrated with our services.

6. Termination

We reserve the right to terminate or suspend your access to our services at our sole discretion, without prior notice, for any reason, including but not limited to violations of these Terms.

7. Disclaimer of Warranties

Our services are provided on an "as-is" and "as available" basis. We make no warranties or representations regarding the accuracy, completeness, or reliability of our services, whether express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement.

8. Disclaimer of Liability for User-Generated Comments

8.1. User-Generated Content: Our services may allow users to post comments, reviews, or other user-generated content. We do not endorse, and we expressly disclaim any responsibility or liability for the content posted by users. We will endeavour to remove and moderate any harmful, offensive or similar content.

8.2 Licence: By posting user-generated content on our services, you grant us a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable license to use, display, reproduce, and distribute such content in connection with our services.

8.2. Monitoring and moderation: We may moderate, edit or delete user-generated content under certain circumstances. We cannot guarantee the accuracy, reliability, or appropriateness of such content. You acknowledge and agree that you create, interact with or use user-generated content at your own risk.

8.3. No Endorsement: The views expressed in user-generated comments do not necessarily reflect our views or opinions. We disclaim any endorsement of, affiliation with, or responsibility for any user-generated content.

8.4 Release: You agree to release us from any liability or risk in connection with you creating or posing user generated content, or from your engagement with any user generated content

9. Indemnity

You agree, to the extent permitted by law, to defend, indemnify and hold harmless us and our affiliates, officers, directors, agents, licensors and employees from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) resulting from or related to (i) your violation of these Terms or (ii) your use of the services.

10. Limitation of liability

In no event shall either party’s aggregate cumulative liability hereunder (whether in contract, tort, negligence, strict liability in tort or by statute or otherwise) exceed the greater of $500 AUD. The foregoing limitations shall not apply to liabilities arising out of your indemnification obligations or your breach of any intellectual property rights.

Unless otherwise specified in these Terms, in no event shall either party be liable for any consequential, incidental, indirect, special, exemplary or punitive damages, losses, or expenses (including but not limited to business interruption, lost business or lost profits) even if it has been advised of their possible existence and notwithstanding the failure of essential purpose of any remedy. The foregoing limitations shall not apply to liabilities arising out of your indemnification obligations or your breach of any intellectual property rights.

We are not responsible for, and assume no liability for, any user generated content.

These terms do not affect consumer rights that cannot by law be waived or limited. These terms do not exclude or limit liability arising out of either party’s gross negligence, fraud or willful misconduct.

10. Governing Law

These Terms are governed by and construed in accordance with the laws of the [Australian Capital Territory / New South Wales] and the Commonwealth of Australia. Any disputes arising from or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of [Australian Capital Territory / New South Wales], Australia.

11. Contact Us

If you have any questions or concerns about these Terms, please contact us at taleoutcompany@gmail.com.