TERMS AND CONDITIONS
These terms and conditions (“the Terms and Conditions”) govern the contractual relationship between CHALKSTORY LTD (“CHALKSTORY”), a company registered under the laws of England and Wales, with registered address 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ (“CHALKSTORY”) and the user (“you or your”) of the CHALKSTORY iOS and Android applications (“the App”), including any of the services provided therein (“the Services”).
CHALKSTORY is a social media application whereby you can create and send video sketches to friends and allow them to be viewed by the whole CHALKSTORY community if you choose.
By using the App, using the Services, your contractual relationship with CHALKSTORY shall be governed by these Terms and Conditions and you hereby agree that you have read this document and that you agree to be bound by the terms set out herein.
You may only use the App or Services if you are a 16 year old human being. No robots allowed!
Changes to this Agreement
CHALKSTORY reserves the right to change or update the Terms and Conditions at any time by publishing the revised version in place of these terms.
Should the user not be willing to accept the revised Terms and Conditions the user’s sole remedy is to stop using the App and Services.
Changes to The Services
CHALKSTORY may, at their sole discretion, without notice, change any aspect of, or the way that we provide, the Services, or even stop them. We can also terminate or restrict access to any given user or group of users, at any time. Certain obligations accruing before any such termination shall not be extinguished as a result of termination.
CHALKSTORY reserves the right to change, update, limit or terminate any or all of the Services or certain features from time to time. Any change to the Services may be reflected in the subscription cost of the level of Services offered. Any changes, update, upgrade, limitation or termination of the Services shall be notified to you upon it becoming into effect.
Email Registration, Account Security
By creating an account on the App, you hereby agree that you are solely responsible for maintaining the confidentiality of the password(s) associated with your account. You agree that you will not directly or indirectly allow any third party access to your account details and that you will be solely responsible for all activities and transactions that take place under your account and for any and all use or misuse of your password or account.
If you become aware of any unauthorized use of your account, you agree to notify CHALKSTORY.
You are fully responsible for all actions that occur under your account or in connection with your account. You agree not to use your account in any unlawful, misleading or fraudulent manner. You are responsible for making sure that your content does not breach these Terms and Conditions. CHALKSTORY reserves the right to change or delete content that it considers is inappropriate, unlawful or causes any potential liability to CHALKSTORY.
Third Party Interference and Damage to Access Devices
Although CHALKSTORY has security measures in place, you hereby accept that CHALKSTORY are not responsible for any third party interference with the App. This includes any access to your account details by third parties, any software implemented into the webApp that causes any damage to the device used to access the App or anything that causes any damage to you whatsoever caused by third party interference.
You hereby agree that you are responsible for the devices you use to access the App and its compatibility required to access the App. CHALKSTORY cannot be held responsible for any bug or improper use of equipment used to access the App whether through a web browser or device application.
The User shall not use the App or the Services for any unlawful or inappropriate purpose. Strictly prohibited actions include transmitting material:
that is unlawful, abusive, profane, obscene, vulgar, defamatory, pornographic, threatening, violent, invasive of publicity or privacy rights, or otherwise objectionable;
that violates or infringes upon the rights of others in any way;
that contains any viruses, worms, malware, Trojan horses or other harmful or destructive content;
that encourages others to commit unlawful acts;
that tests, scans or tests our servers or systems;
that is used to break or circumvent any technology, hardware or software we have in place for security of authentication;
that breaches any other party’s Intellectual Property;
that is non-compliant with the law and best practices of the EU Directive on Privacy and Electronic Communications 2002/58;
that contains publicity, advertising, or solicitation for goods or services that did not receive prior approval from CHALKSTORY; and/or
that prevents other users from using and enjoying the App.
CHALKSTORY does not and cannot review all content and material posted on the App. As such, CHALKSTORY cannot accept responsibility or liability for any material posted by its users.
CHALKSTORY reserves the right to remove or alter any user’s content or material posted or used as part of the Services for any reason, at its own discretion.
You agree to indemnify CHALKSTORY for any loss and damage caused by any content you upload to the App.
You agree the user posting any content shall be liable for any loss or damage caused by such content and not CHALKSTORY.
Spam and Marketing
If you refer other users to the App you must have their permission to do so. Any solicitation of other persons, without prior contact and permission to join the App shall be a direct breach of these Terms and Conditions and your account may be suspended or terminated as a result.
You agree not to post any content that is intended to be an advertisement unless you have prior permission from CHALKSTORY.
If you receive an email(s) that breach this clause, please contact us at firstname.lastname@example.org.
Copyright and Trade-marks
You agree and acknowledge that we own or are licensed to use all copyright, database rights, trade marks and other intellectual property rights in and to all parts of the App, and to the business of CHALKSTORY, including the structure, design, essence and layout of the App and any text placed in it.
You are entitled to use the App in accordance with these Terms and Service only. You must obtain our prior written consent before you use the App or any part of it in any other manner than herein prescribed.
You agree that you will not upload any content, of which you do not own the full intellectual property rights in.
If any third party believes that material placed on the App created by our users infringes on your copyright, you should contact us immediately. We deal with any copyright infringement in accordance with EU law and after investigation we shall respond by either removing material, disabling links or restricting a user’s account. As we cannot be responsible for all of our user’s content, we cannot be held liable for any infringement of copyright.
CHALKSTORY reserves the right to terminate, suspend or restrict a user’s account for breach of any term in these Terms and Conditions. In the event a user’s account is terminated, suspended or restricted, the user shall not be entitled to a refund for any remaining subscription fees already paid.
CHALKSTORY reserves the right to remove content and terminate, suspend or restrict a user’s account for any reason at its own discretion.
Where reasonable, CHALKSTORY will notify users before their subscription is suspended or terminated.
Intellectual Property and License
By using the services, any copyright you own of any material used or posted on the App shall remain your property. CHALKSTORY shall retain the copyright of all other material on the App.
By using or posting content to the App, you shall agree to give CHALKSTORY non-exclusive worldwide, royalty-free and transferable license to all past, present and future copyright and other proprietary rights of that material. CHALKSTORY may use the material and utilize the copyright in any past, present or future medium available. You represent that you hold all necessary rights in the material to give this license.
The licence shall entitle CHALKSTORY to show the content to any user on the App. This means, even when you choose not to share your content publically and because of an error your content is viewed by a user you have not authorised to do so, CHALKSTORY shall be protected because of this license.
When you send a video to another user, you have the option, via a checkbox to allow that other user to save or forward that content. By checking that box you are expressly giving a license for that other user and CHALKSTORY to use the content personally and forward it to other users.
In the event that you allow another user to save or forward your content, pursuant to the paragraph above, you shall not be able to delete that video and will remain viewable to the other users.
The licence shall be unlimited and by supplying this content you shall agree to use of your material in this way. This license remain effective until you delete it, except for comments and except for videos that you have expressly allow other user to save or forward, done by clicking the appropriate tick box. In the event that you delete any material, you agree that CHALKSTORY may retain, but not display or distribute your Content, except where you have expressly allow other user to save or forward, done by clicking the appropriate tick box.
CHALKSTORY grants you a non-exclusive, worldwide, non-transferable licence to download, store, display, edit and redistribute your content solely in the connection with your use of the Services.
CHALKSTORY, its suppliers, directors, employees, licensors or agents shall not be liable with respect to any subject matter of these Terms and Conditions, or any use by any party of the App and Services, under any form or causes of action including contract, tort, strict liability or in any other action or dispute, except where such liability is prohibited by law, for:
General, special, incidental or consequential damages;
For interruption of the Services or loss of data;
For any amount exceeding the fees paid for Services during a 12 month period;
For any failure or delay for any reason beyond CHALKSTORY’s control.
Disclaimer as to the Products and Services
The App and the Services are provided “as is” and CHALKSTORY, its directors, employees, contractors, licensors and partners (“the Warrantor Parties”) disclaim all warranties with regard to this App or Services including all implied warranties of merchantability, fitness for purpose and non-infringement. The Warrantor Parties make no warranty that the App will be error free or that access thereto will be continuous or uninterrupted. You use the App and Services at your own risk.
The App and Data Retention
CHALKSTORY shall endeavour to keep the App and its servers operational 24 hours a day, 365 days per week, however we make no warranty to do so as Server and App interruption may be the result of external factors outside of the control of CHALKSTORY.
As a result CHALKSTORY shall not be responsible for any loss caused to your business because of server or App downtime.
The user agrees to indemnify, defend and hold harmless CHALKSTORY, its affiliates and their respective advertisers, agents, licensors, suppliers, officers, directors, shareholders, employees, agents, service providers and other contractors (collectively “CHALKSTORY Indemnified Parties”) from and against any loss, expense, damage, cost, liability, claim, demand made by a third party, including, but not limited to, reasonable attorneys’ fees, accounting expenses, and legal costs), sustained, incurred or paid by the CHALKSTORY Indemnified Parties and arising from or related to:
The access or use of the App and Services by you (or any users of your account), including, without limitation, your or others’ access to App Content or any content or other materials available by means of third-party webApps;
Violation of these Terms and Conditions or breach of the Terms and Conditions (including, without limitation, any representation or warranty contained in this Agreement) or any activity related to your use of the App; or
Your content or provision to the App of information or any other products, postings, offerings, data or materials. You will assist and co-operate as fully as reasonably required by the CHALKSTORY Indemnified Parties. The CHALKSTORY Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice of any defence by you or any claim as to which you are required to defend, indemnify or hold harmless the CHALKSTORY Indemnified Parties (the “Indemnified Claim”). You may not settle any Indemnified Claim without the prior written consent of the concerned CHALKSTORY Indemnified Parties.
Errors on the App
Although CHALKSTORY strives to provide reliable and current information through the App, occasionally, there may be information on the App that contains typographical errors, inaccuracies, omissions or mistakes that may relate to product descriptions, pricing, promotions, offers, and availability. Accordingly, we reserve the right to correct any errors, inaccuracies or omissions and to change or update information or to refuse, correct or cancel orders, at any time and from time to time without liability and without notice to you or any other person, if any information on the App is inaccurate, to the extent permitted by law.
If you have any complaints about any of the Services that we provide please email us at email@example.com.
These Terms and Conditions shall be interpreted and construed according to, and governed by, the substantive laws of England and Wales, excluding any such laws that might direct the application of the laws of another jurisdiction. Any dispute or claim made in relation to these Terms and Conditions or your use of the App or Services shall be submitted to the exclusive jurisdiction of the courts of England and Wales.
You understand that these Terms and Conditions represent the entire understanding and constitute the entire agreement between the parties in relation to its subject matter, and supersedes all prior agreements, covenants, arrangements, communications, representations or warranties, whether oral or written, by any officer, agent, employee or representative of either of the parties.
If any part of these Terms and Conditions is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining terms will remain in full force and in effect. A waiver by either party of any term or condition of these Terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
CHALKSTORY may assign their rights under these Terms and Conditions without limitation. You may assign your rights to any party as long as they agree to be bound by these Terms and Conditions also.
These Terms and Conditions shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns.
Any headings used in the Terms and Conditions are for convenience only.
If you have any questions regarding these Terms and Conditions, please contact us at firstname.lastname@example.org.
ChalkStory - Create fun animated messages which you can share with friends, using a mixture of live drawing and flipbook style animation. The app is free to download, contains no adds and allows to restrict you messages from being forwarded/saved.