Brand Chorus LLC, DBA Original Tales Member Terms and Conditions
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the OriginalTales.com website (“Original Tales” or the “Service”) operated by Brand Chorus LLC, doing business as Original Tales (“us”, “we”, or “our”), organized and with a primary place of business in the State of New York.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
- When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
- You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
- You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
- You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.
- Age Requirement: In some areas of Original Tales, you may be asked to create an account, access information and or upload data to help use the Original Tales site or application. These accounts are only available for individuals that are 13 and older.
2. LICENSE TO USE THE ORIGINAL TALES SERVICE
A. LICENSE: Original Tales grants you a limited, non-exclusive license to access and use the Service for your own personal, non-commercial purposes. This includes the right to view content available on the Service. This license is personal to you and may not be assigned or sublicensed to anyone else.
B. COMMERCIAL USE: You may not use the Service for commercial purposes unless you are an Original Tales Premium user, in which case you may use and access the Service for commercial and non-commercial purposes.
C. RESTRICTIONS: Except as expressly permitted by Original Tales in writing, you will not scrape, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Service or any source code therein. Nor will you attempt to circumvent any of Original Tales’ technical measures or take any measures to interfere with or damage the Service. All rights not expressly granted by Original Tales are reserved.
A. REGISTRATION: To fully use the Service, you must register as a member by providing a user name, password, and valid email address. You must provide complete and accurate registration information to Original Tales and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.
B. USER NAME: We encourage you to use your real name. If you are a business, government, or non-profit entity, you must use the actual name of your organization. You may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
C. ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by authorized or unauthorized users. You must not allow others to use your account credentials and you must safeguard the confidentiality of those credentials. If you are using a computer that others have access to, you must log out of your account after using the Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately.
D. SEAT ACCESS: Unless you purchase a Multi-User Subscription, this is a single seat license authorizing one natural person to access and use the Original Tales Service. If you purchase a Multi-User Subscription, the right to access and use the Original Tales Service is limited to the number of users permitted by that subscription. If you require a multi-user account, please contact Customer Service Phone: US 1-212-931-9022, x203.
A. ORIGINAL TALES PREMIUM: In addition to offering Basic (free) Original Tales memberships, we offer an Original Tales Premium subscription. Please see our subscription pages for current Premium features and pricing. Features and prices are subject to change. You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. Storage limits are calculated based upon source files. We reserve the right to charge for excessive use of bandwidth where plays occur on third-party sites and applications outside the Original Tales site. Anyone who wishes to obtain storage capacity beyond what is offered with the Original Tales premium subscription may request a custom account by contacting us here: email@example.com. Additional terms and conditions apply to custom accounts. All fees may be subject to taxes.
B. CANCELATION AND REFUNDS: Users who purchase annual subscriptions have thirty (30) days after their purchase to cancel and receive a full refund. Users who purchase monthly subscriptions have five (5) days after purchase to cancel and receive a full refund. After the cancelation period ends, all purchases are final and all fees paid are non-refundable, even if your account is later terminated by Original Tales. If your account is terminated due to your breach of this Agreement during the relevant cancelation period, you will not be refunded. If you have questions, please contact us.
C. RENEWALS: Subject to the terms hereof, you may choose to renew your subscription at the end of the subscription period. By default, all subscriptions are set to automatically renew for the same period of time as the original subscription. You may decline to renew at any time prior to the commencement of a renewal subscription. Original Tales reserves the right to deny subscriptions, renewals, and other purchases for any reason.
D. END OF SUBSCRIPTION: When an Original Tales Premium subscription ends, the account automatically becomes a Basic (free) account and Original Tales may disable access to or delete any content to comply with Basic account terms. If you’re using Original Tales for commercial purposes, you will need to maintain an Original Tales Premium plan to continue hosting your videos on your own branded page. Your account and its content may be deleted if your subscription is not renewed.
E. TERMINATION: We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
F. OTHER PURCHASES: Purchases of other products and services through the Original Tales Service are subject to our Payment Addendum and to other terms and conditions that are presented to you at the time of purchase.
A. RESTRICTIONS: Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness. You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You may not upload, post, or transmit (collectively, “submit”) any video, image, text, audio recording, or other work (collectively, “content”) that:
- Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
- Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
- Exploits minors;
- Depicts unlawful acts or extreme violence;
- Depicts animal cruelty or extreme violence towards animals;
- Promotes fraudulent or dubious business schemes; or
- Violates any law.
- LICENSE TO ORIGINAL TALES: As between you and Original Tales, you own the video content (“videos”) that you submit to the Service. By submitting a video, you grant Original Tales and its affiliates a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your video for the purpose of (i) displaying the video within the Service; (ii) displaying the video on third party websites and applications through a video embed subject to your video privacy choices; (iii) allowing other users to play, download, and embed on third party websites the video, subject to your video privacy choices; (iii) promoting the Service, provided that you have made the video publicly available; and (iv) archiving or preserving the video for disputes, legal proceedings, or investigations.
- LICENSE TO OTHER USERS: You further grant all users of the Service permission to view your videos for their personal, non-commercial purposes. This includes the right to copy and make derivative works from the videos solely to the extent necessary to view the videos. The foregoing licenses are in addition to any license you may decide to grant (e.g., a Creative Commons license).
- DURATION OF LICENSES: The above licenses will continue unless and until you remove your videos from the Service, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. Please note that removed videos may be cached in search engine indices after removal and that Original Tales has no control over such caching.
C. NON-VIDEO CONTENT: As between you and Original Tales, you own all non-video content that you submit to the Original Tales Service. You grant Original Tales and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your non-video content. In addition, you waive any so-called “moral rights” in your non-video content. You further grant all users of the Original Tales Service permission to view your non-video content for their personal, non-commercial purposes. If you make suggestions to Original Tales on improving or adding new features to the Original Tales Service, Original Tales shall have the right to use your suggestions without any compensation to you.
7. Code of Conduct
In using the Service, you must behave in a civil and respectful manner at all times. Further, you will not:
- Act in a deceptive manner by, among other things, impersonating any person;
- Harass or stalk any other person;
- Harm or exploit minors;
- Distribute “spam”;
- Collect information, including but not limited to personal information about other users; or
- Advertise or solicit others to purchase any product or service within the Original Tales Site (unless you are an official Original Tales partner or advertiser and have a written agreement with Original Tales).
Original Tales has the right, but not the obligation, to monitor all conduct on and content submitted to the Service.
8. LINKS TO OTHER WEBSITES
Our Service may contain links to third-party web sites or services that are not owned or controlled by Original Tales. Original Tales has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Original Tales shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
9. THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
Original Tales respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in our Copyright and DMCA Policy, which is incorporated into this Agreement. For other intellectual property claims, please send us a notice at firstname.lastname@example.org.
You agree to defend, indemnify and hold harmless Original Tales and its licensee and licensors, 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), resulting from or arising out of (a) your use and access of the Service, by you or any person using your account and password; (b) a breach of these Terms, or (c) Content posted on the Service.
11. LIMITATION OF LIABILITY
In no event shall Original Tales, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from: (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. To the fullest extent permitted by law: (i) Original Tales shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) Original Tales total liability to you shall not exceed the amounts paid by you to Original Tales over the twelve (12) months preceding your claim(s).
Your use of the Service is at your sole risk. Original Tales reserves the right to modify the Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Service. Original Tales has no obligation to screen or monitor any content and does not guarantee that any content available on the Service complies with this Agreement or is suitable for all users. The Service, including use of Project boards, is provided on an “AS IS” and “AS AVAILABLE” basis. The Service 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, non-infringement or course of performance. Original Tales does not promote, endorse or warrant anyone who uses the Service and any other user. Original Tales, its subsidiaries, affiliates, and its licensors do not warrant that (a) the Service will function uninterrupted, secure or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements. Original Tales makes no representations or warranties regarding the following:
- That the Service will be permitted in your jurisdiction;
- That the Service will be uninterrupted or error-free;
- Concerning any content submitted by any member;
- Concerning any third party’s use of content that you submit;
- That any content you submit will be made available on the Original Tales Service or will be stored by Original Tales;
- That the Original Tales Service will meet your business or professional needs;
- That Original Tales will continue to support any particular feature of the Original Tales Service; or
- Concerning sites and resources outside of the Original Tales Service, even if linked to from the Original Tales Service.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Original Tales Service, and no warranties shall apply after such period.
14. GOVERNING LAW
This Agreement shall be governed by the laws of the State of New York, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply. Any action arising out of or relating to this Agreement or your use of the Service must be commenced in the state or federal courts located in New York County, New York, United States of America (and you consent to the jurisdiction of those courts). In any such action, Original Tales and you irrevocably waive any right to a trial by jury.
15. INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES
Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Original Tales in exercising any right hereunder will waive any further exercise of that right. Original Tales’ rights and remedies hereunder are cumulative and not exclusive.
16. SUCCESSORS; ASSIGNMENT; NO THIRD-PARTY BENEFICIARIES
This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Original Tales’ prior written consent. No third party shall have any rights hereunder.
This Agreement may not be modified except by a revised Terms of Service posted by Original Tales on the Original Tales Site or a written amendment signed by an authorized representative of Original Tales. A revised Terms of Service will be effective as of the date it is posted on the Original Tales Site.
18. DIGITAL MILLENNIUM COPYRIGHT ACT INFRINGEMENT NOTICES AND COUNTER-NOTICES
A. Infringement Notices
If you believe there is content on the Original Tales website that violates copyright law, let us know. Specifically, send us an email or letter that includes substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- 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.
- 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 the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The notice should be sent to email@example.com or Original Tales, 79 Madison Avenue, 2nd Floor, New York, New York 10016
Original Tales reserves the right to review the allegedly infringing material and independently determine whether it is infringing.
We may display a copy of your DMCA notice in place of the removed content.
If you believe material you posted to Original Tales’ site was not infringing, you can submit a counter-notice.
A counter-notification must include the following:
- Identification of the specific URLs of material that Original Tales has removed or to which Original Tales has disabled access.
- Your full name, address, telephone number, and email address.
- The statement: “I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the judicial district in which Original Tales is located, and will accept service of process from the claimant.”
- The statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
A scanned physical signature or a valid electronic signature is fine.
The notice should be sent to firstname.lastname@example.org or Original Tales, 79 Madison Avenue, 2nd Floor, New York, New York 10016
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. If you are concerned about protecting your anonymity, please consult with an attorney about other options.
Please also be advised that in appropriate circumstances we terminate repeat infringers.
You consent to receive all communications including notices, agreements, disclosures, or other information from Original Tales electronically. Original Tales may provide all such communications by email or by posting them on the Original Tales Service. For support-related inquiries, you may contact us. You may send notices of a legal nature to Original Tales at email@example.com or the following address:
Original Tales, 79 Madison Avenue, 2nd Floor, New York, New York 10016 Attention: Legal Department
Nothing herein shall limit Original Tales’ right to object to subpoenas, claims, or other demands.
20. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between Original Tales and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.
BY CONTINUING TO USE OUR SITE, YOU AGREE TO ABIDE BY THESE SITE TERMS.