Terms and Conditions of Use
Website Terms and Conditions of Use
Parties to the Agreement
1. Welcome to the Storyberries website! By accessing or otherwise using this website storyberries.com (‘the Website’), you agree to be bound by these Terms and Conditions of Use.
a. The Website is owned and operated by an Australian business, Smart Projects Consulting Pty Ltd trading as Storyberries (ABN 54 124 614 820) (Storyberries, we, us, our).
b. Storyberries is a Business Name registered in the state of New South Wales, Australia.
c. Smart Projects Consulting is registered in Australia. Our e-mail address is read [at] storyberries [dot] com.
d. Storyberries is domiciled at Smart Projects Consulting, ATB, Suite 4 – Level 3, 20 Charles Street, Parramatta NSW 2150, Australia.
e. The Website is operated on behalf of Storyberries, its employees, officers, subsidiaries and related entities (together “Storyberries”).
f. This Agreement governs the use of the Website. It can be accessed at any time from the footer on the Website www.storyberries.com.
g. The Website is designed for use by adults reading to a child or children. Children using the site must do so under adult supervision, and subject to the adult’s (your) own personal decision on the appropriateness of the Website Content (see clause 2 below). The use of the Website is available only to people who can form legally binding contracts under applicable law.
h. You acknowledge and agree, through your use of the Website, that you consent to the collection and use of personal information.
i. Please review the following terms carefully. By using the Website or any of our Services, you are agreeing to these terms.
Content, Products and Services
2. In using the Website, you will be exposed to or provided with, or may access or use, material, information and data, such as data files, written text, computer software, audio files, photographs, illustrations, videos, multimedia, or other files or images (the Website Content).
3. You agree and accept that the Website Content comprises the intellectual property of Storyberries, of any relevant third parties from whom Storyberries may license that Website Content, and/or is available via the Creative Commons or in the Australian Public Domain.
4. You further understand that the Website may not expressly identify materials which are the intellectual property of Storyberries, licensed through a third party, licensed via the Creative Commons, or in the Australian Public Domain.
5. You must accordingly not copy, modify, rent, lease, loan, sell, distribute or create derivative works based on any of the Website Content (either in whole or in part) unless you have been specifically told that you may do so by Storyberries or by the owners of that Website Content, where the owner is not Storyberries, in a separate agreement.
6. In using the Website, you may also be offered the ability to purchase products (Products), or subscribe to a data service (a Service). Where the Products or Services are supplied by third parties, Storyberries limits its liability to the scope outlined in the section ‘Limitation of Liability’ below.
7. In certain cases, Storyberries may also have a relationship with a third party whose website is linked to this Website. That third party may pay Storyberries either a commission or a referral fee where you buy products from them based on a percentage of the gross payment received by that third party from you. Again, in respect of such relationships, Storyberries limits its liability to the scope outlined in the section ‘Limitation of Liability’ below.
8. You may additionally be exposed to online behavioural advertising (OBA) while using this Website. Storyberries does not control the advertisements you may see while using the Storyberries website. Please refer to the section ‘Limitation of Liability’ below.
a. You can also find out more about OBA and opting out by clicking on the link here.
9. In all cases, you understand that by using the Website you may be exposed to Website Content and OBA that you may find offensive, indecent or objectionable. In this respect, you agree that you use the Website, including obtaining and using any information, and obtaining and using products and services, as well as being exposed to OBA, entirely at your own risk.
10. Storyberries is an Australian company. The Australian copyright law, as set out in the Copyright Act 1968 (Commonwealth), including all amendments, applies to all the works that appear on our website.
11. Storyberries makes no representations concerning the copyright status of any work in any country outside Australia. If you are not located in Australia, please check the laws of your country as well as these Terms and Conditions of Use before accessing, reading, downloading, copying, displaying, performing, distributing or creating derivative works based on any of the works on our site.
12. All intellectual property in the Website is either owned by Storyberries, privately licensed by Storyberries, licensed under a Creative Commons license, or available in the Australian Public Domain. Subject to its capacities under the Australian and International law, as well as subject to these Terms and Conditions of Use, Storyberries grants you a non-exclusive, non-transferable, limited licence to view information directly accessible through the Website (Licence).
13. You agree that, subject to your use of the Website in accordance with the limited Licence granted to you, you will not modify, copy, republish, frame, distribute or communicate any part of the Website or any information contained in it or otherwise use the Website in a way which will embarrass, defame, offend, or infringe on the intellectual property or other rights of Storyberries, the authors, or any other person.
14. Any of the trademarks, service marks or logos displayed on the Website may be registered or unregistered marks (Marks) of Storyberries or third party owners. Nothing contained on the Website should be construed as granting any licence or right to use any of the Marks displayed on the Website without the express written permission of Storyberries. Any unauthorised uses of the Marks are strictly prohibited.
15. We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner’s agent and find Website Content that infringes upon your copyright, you may notify us with the following information in writing: (1) A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material; (4) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is true and accurate to the best of your knowledge and belief that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
16. Except as provided by law, the Website is provided “as is” and without any warranty or condition, express or implied.
17. Storyberries does not warrant that the information contained in or accessible through the Website is accurate, suitable for your purposes, or without errors, omissions or viruses. Storyberries does not guarantee continuous, uninterrupted or secure access to the Website. You acknowledge that access and use of the Website (including the software operating in connection with the Website) may be interfered with by numerous factors outside of Storyberries’ control. Storyberries does not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the Website.
18. Subject to the provisions of the Competition and Consumer Act 2010 (Cth), Storyberries makes no guarantees, representations or warranties in respect of the information and materials available on the Website or the means of accessing that information and material (including the software operating in connection with the Website). Storyberries makes no warranty or representation and accepts no responsibility for any websites operated or controlled by entities other than Storyberries which are or may become linked or framed to or from the Website.
Limitation of Liability
19. You agree that, to the maximum extent permitted by law, Storyberries is not liable to you or anyone else for any loss or damage (including, without limitation, any direct, indirect, special or consequential loss) arising as a result of breach of these Terms and Conditions of Use, in tort (including negligence) or otherwise, arising out of or in connection with:
a) the use of the Website;
b) our use of the use of information that you provide to us through your use of the Website; and
c) being unable to access the Website for whatever reason and however arising, including (without limitation) negligence.
20. Subject to the Competition and Consumer Act 2010 (Cth), Storyberries expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Storyberries’ sole discretion):
a) in the case of goods, any one or more of the following:
i) the replacement of the goods or supply of equivalent goods;
ii) the repair of the goods;
iii) the payment of the costs of replacing the goods or of acquiring equivalent goods; or
iv) the payment of the costs of having the goods repaired; and
b) in the case of services:
i) the supply of the services again; or
ii) the payment of the cost of having the services supplied again.
21. Storyberries is not responsible for any advertisements, including OBA, that appear on the Website. We do not endorse, nor make any representations or warranties concerning any advertiser’s goods or services seen on the Website or on their website, nor do we accept any responsibility for their goods or services. Nor are we responsible for the presence of such advertisements on the Website. You accordingly agree that you will not hold Storyberries liable for any advertisements you see on the Website, both in respect of the content of such advertisements, and for the effects, if any, of being exposed to such advertisements on the Website.
22. You indemnify Storyberries against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred Storyberries, its partners, employees, officers, subsidiaries and related entities, arising from, or which is directly or indirectly, related to:
a) your breach or non-observance of any term of these Terms and Conditions of Use; or
b) any breach or inaccuracy in any representations or warranties made to Storyberries.
Use of the Website and Services
23. Your right to use the Website is personal to you. You may not authorise others to use the Website on your behalf, and you are responsible for all of your own use of the Website, as well as the use of the website by minors under your responsibility and control.
24. You may not download, modify, transmit, or otherwise use any content from the Website for public or commercial purposes without confirming permission, as specified in Clause 5 above.
25. The Website is free of charge (unless otherwise stipulated). However you are responsible for your own network and connection charges.
26. Other than connecting to our servers by HTTP requests using a web browser, you may not attempt to gain access to Storyberries’ servers by any means – including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Website or otherwise.
27. You agree not to disrupt, modify or interfere with the Website or its associated software, hardware and servers in any way and you agree not to impede or interfere with others’ use of the Website. You further agree not to alter or tamper with any information or materials on, or associated with Storyberries, its related entities, and/or the Website.
Links to Third Party Sites
28. The Website may contain links to or from third party websites or search engines that are not owned, operated, or controlled by us. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites, search engines or the entities that own them. Additionally, we cannot and will not censor or edit the content of any third party website or search engine. By using the Website, you expressly relieve us from any and all liability arising from use of our content by any third party website, referral to any third party content or search engine, or links to us from same.
29. There are no third-party beneficiaries of this Agreement.
30. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, except as otherwise provided in the terms of this Agreement, and any attempt by you to do so will be invalid.
31. If you breach this Agreement and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach this Agreement.
32. Our rights under this Agreement will survive any termination of this Agreement.
33. You represent that you are legally able to accept these Terms of Service and enter into this Agreement. You confirm that you are more than 18 years of age, are fully able and competent to enter into this Agreement, and to comply with this Agreement. If you aren’t, you must please stop using the Website.
34. This Agreement and all documents and communications directly or indirectly relating to it shall be in the English language.
35. Should any of these terms and conditions be void or unlawful, these terms and conditions shall be read and enforced as if the void or unlawful term had been deleted.
36. We may change or discontinue Storyberries, its Website or any of its Products or Services at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you breach any of the terms and conditions contained herein. In the event of any termination, you will immediately stop using Storyberries, its Website and its Products and Services.
37. Storyberries may alter any of the content on the Website at any time.
38. Storyberries may amend, add to or remove any part of these Terms and Conditions of Use at any time without notice. You should periodically read these Terms and Conditions of Use. Your continued use of this Website or any product or service obtainable through the Website after any such change to these Terms and Conditions of Use constitutes an agreement by you to abide by and be bound by these Terms and Conditions of Use, as amended.
Choice of Law
39. These Terms and Conditions of Use are governed by the laws of the State of New South Wales, Australia.
Last updated: May 2018