PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION. YOU AGREE THAT DISPUTES BETWEEN YOU AND DRAW MY STORY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
- Use of Our App
- User Content
- User Content License Grant
- Draw My Story
- Mobile Software
- Our Proprietary Rights
- Third-Party Links
- No Warranty
- Limitation of Liability
1. Use of Our App
Draw My Story provides an App for you to create animated video stories by playing back your drawing actions and sequencing your photos or other images, and if you choose, to add music, narration, or other sound to accompany your story.
You may use the App only if you can form a binding contract with Draw My Story, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the App by anyone under 13 is done so strictly under parental supervision.
Draw My Story App
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 App for your personal, private, noncommercial use, and only in accordance with the features of the App as it is marketed by Draw My Story. Draw My Story reserves all rights not expressly granted herein in the App. Draw My Story may terminate this license at any time for any reason or no reason.
Commercial Use You may not use the Draw My Story App for commercial purposes unless you are the copyright holder or you have obtained all necessary rights and licenses to use for commercial purposes all images, musical works, sound recording, narration, and other material that make up your User Content.
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the App in any medium; (ii) collecting or harvesting any personally identifiable information, including account names, from the App; (iii) using the App for any commercial purposes without having all necessary rights and licenses to the User Content; (ix) interfering with the proper working of the App; (xi) accessing any content on the App through any technology or means other than those capabilities provided by the App; or (xii) bypassing the measures we may use to prevent or restrict access to the App, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the App or the content therein.
We may, without prior notice, change the App, stop providing the App or features of the App, to you or to Users generally, or create usage limits for the App.
You are solely responsible for your conduct and any data, text, files, information, images, photos, audio and video clips, sound recordings, musical works, narration, works of authorship, links and other content or materials that you submit, post or display on or via our App. Draw My Story shall have no liability for conduct in relation to your use of our App.
2. User Content
Some areas of the App provide Users the capability to create and share content such as photographs, videos, images, musical works, sound recording, narration, text and other material used to create a Draw My Story Video (any such materials a User provides, shares, submits, displays, or otherwise creates using the App, including the Draw My Story Video created by the User, are "User Content"). We claim no ownership rights over User Content created by you.
You agree not to post, store, transmit, create or share any User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); or (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships. You agree that any User Content that you create or share does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy.
For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
- Your User Content and your use thereof as contemplated by this Agreement and the App will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights or privacy rights.
- To the extent that you use our App for any commercial purpose and your User Content contains any copyrighted material that is not your original work or in which you do not otherwise own the copyright, you have obtained all rights, licenses, consents, and permissions necessary in order to use that copyrighted material in connection with the creation and/or dissemination of that User Content using the App.
3. User Content License Grant
If you share your User Content with Draw My Story or link your User Content to Draw My Story on a third party service (including, for example, by using the tag #DrawMyStory on Instagram or tagging Draw My Story on Facebook), you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Draw My Story a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the App and Draw My Story's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of our App (and derivative works thereof) in any media formats and through any media channels.
4. Draw My Story
The App provides you the ability to create animated video stories by recording and playing back your drawing actions, sequencing your photos or other images, and if you choose, to accompany them with your music, narration, or other sounds. The App may also provide the capability for third parties to offer you music or audio clips to use in your creation of User Content. You continue to own all of your original User Content in any Draw My Story video created by you. However, you do not own any music, audio clips, video, or other content provided by third parties via the App, including any such content that you include in a Draw My Story video, and you may only use such content for private noncommercial purposes and to the extent of the functionality of the App.
Sharing Draw My Story Videos and User Content
5. Mobile SoftwareMobile Software
We may make available software to access the App via a mobile device ("Mobile Software"). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. Draw My Story does not warrant that the Mobile Software will be compatible with your mobile device. Draw My Story hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that Draw My Story may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Draw My Story or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Draw My Story reserves all rights not expressly granted under this Agreement.
6. Our Proprietary Rights
The App contains material owned or licensed by Draw My Story ("Draw My Story IP"). Draw My Story IP may be protected by copyright, trademark, patent, trade secret and other laws, and as between you and Draw My Story, Draw My Story owns and retains all rights in the Draw My Story IP. You will not remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the App and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the App. The Draw My Story name and logo are trademarks of Draw My Story, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Draw My Story. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Draw My Story, and may not be copied, imitated or used, in whole or in part, without prior written permission from Draw My Story. You may choose to or we may invite you to submit comments or ideas about the App, including without limitation about how to improve the App or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Draw My Story under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Draw My Story does not waive any rights to use similar or related ideas previously known to Draw My Story, or developed by its employees, or obtained from sources other than you.
8. Third-Party Link
You agree to defend, indemnify and hold harmless Draw My Story and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the App, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content, including without limitation any User Content, or any that is created or shared via the App.
10. No Warranty
THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE APP IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DRAW MY STORY OR THROUGH THE APP WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, DRAW MY STORY, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE APP WILL MEET YOUR REQUIREMENTS; THAT THE APP WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE APP.
DRAW MY STORY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE DRAW MY STORY APP OR ANY HYPERLINKED WEBSITE OR SERVICE, AND DRAW MY STORY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DRAW MY STORY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS APP. UNDER NO CIRCUMSTANCES WILL DRAW MY STORY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE APP OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DRAW MY STORY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR APP; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR APP BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE APP; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL DRAW MY STORY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO DRAW MY STORY HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF DRAW MY STORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Draw My Story without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Changes to the Agreement
This Agreement, together with any amendments and any additional agreements you may enter into with Draw My Story in connection with the App, shall constitute the entire agreement between you and Draw My Story concerning the App. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Draw My Story's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please contact us firstname.lastname@example.org with any questions regarding this Agreement.
This Agreement was last modified on 18/09/15.
- INFORMATION WE COLLECT
- SHARING PERSONAL INFORMATION WITH THIRD PARTIES
- PERSONS UNDER THE AGE OF 13
- LINKS TO THIRD PARTY WEBSITES
- UPDATES TO THIS POLICY
- CONTACTING US
- LAST REVISION DATE
1. INFORMATION WE COLLECT
We may collect and store personal information you enter in our Service or provide to us in some other manner, including mobile Device ID. In order to create your Draw My Story video, the App accesses your photographs, videos and music library stored on your mobile device, on third party websites where they are stored, or other places they may be stored. We may also collect any communications between you and Draw My Story, as well as any information you provide if you take part in any interactive features of the App (e.g. promotions, surveys, etc.).
We automatically collect certain types of usage information when you use our Service. A cookie may be used to convey information to us about how you use the App (e.g., the pages you view, the links you click, how frequently you access the App, and other actions you take on the App), and allow us to track your usage of the App over time. The information allows for more accurate reporting and improvement of the App. We may also collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the App. These tools collect information sent by your mobile device including your use of third party applications, and other information that assists us in analyzing and improving the App. We may receive reports from third party analytics providers.
When you access our App by or through a mobile device, we may receive or collect and store a unique identification numbers associated with your device ("Device ID"), mobile carrier, device type and manufacturer, phone number, and, depending on your mobile device settings, your geographical location data, including GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device.
We use or may use the data collected through cookies, log file, device identifiers and location data to: (a) provide custom, personalized content and information, including advertising; (b) provide and monitor the effectiveness of our Service; (c) monitor aggregate metrics such as usage, and demographic patterns on our App; (d) diagnose or fix technology problems; and (e) otherwise to plan for and enhance our service.
Survey Serving Technology
2. SHARING PERSONAL INFORMATION WITH THIRD PARTIES
We may also share your personal information with:
- Other companies owned by or under common ownership as Draw My Story, which also includes our subsidiaries (i.e., any organization we own or control) or our ultimate holding company (i.e., any organization that owns or controls us) and any subsidiaries it owns. These companies will use your personal information in the same way as we can under this Policy;
- Third party vendors, consultants and other service providers that perform services on our behalf, in order to carry out their work for us, which may include identifying and serving targeted advertisements, content or service fulfillment, or providing analytics services;
- Our business partners who offer a service to you jointly with us, for example, when running a co-sponsored contest or promotion;
- Third parties who we think may offer you products or services you may enjoy;
- Third parties at your request. For example, you may have the option to share your Draw My Story videos with your friends through email, SMS text, or various social media sites;
- The public at your request. If you interact with our site or app on social media, for example by tagging your videos #DrawMyStory on Instagram, that piece of User Content will be linked to Draw My Story on our website, app or social media profiles and Draw My Story may display your User Content publicly;
- Other parties in connection with any company transaction, such as a merger, sale of company assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another company or third party or in the event of bankruptcy or related or similar proceedings; and
We may also share information with others in an aggregated and anonymous form that does not reasonably identify you directly as an individual.
3. PERSONS UNDER THE AGE OF 13
Use of the Draw My Story App by persons under the age of 13 is assumed to be under strict parental consent and supervision.
4. LINKS TO THIRD PARTY WEBSITES
The App may contain links to and from third party websites of our business partners, advertisers, and social media sites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for their policies. Please check the individual policies before you submit any information to those websites.
5. UPDATES TO THIS POLICY
We reserve the right to modify this Policy from time to time. If we make any changes to this Policy, we will change the "Last Revision" date below and will post the updated Policy on this page.
6. CONTACTING US
If you have questions about this Policy, please contact us at email@example.com
7. LAST REVISION DATE
This Policy was last revised on, and effective as of, 19/09/15