Terms Of Service
Last revised January 2d 2017
1. BASIC TERMS
This is a legal document about Narrative's terms of service. Please refer to these notes in cursive writing for explanations of the paragraphs in plain English.
Welcome to the Narrative Properties, a service provided by Third Dot AB, 556838-5685 , (“ Narrative ”, “ we ” “ our ”, or “ us ”).
These Terms of Service (” Terms of Service ”) govern Your use of our mobile, web and desktop apps (our " Apps ") and all related players, widgets, tools, applications, data, software, APIs and other services provided by Narrative (the “ Services ”).
1.1 ACCEPTANCE OF THE TERMS OF SERVICE
You are as a user responsible for how you use Narrative so make sure you have understood what these terms say.
Please read these Terms of Service very carefully. If you do not agree to any of the provisions set out in these documents, you should not use the Narrative Properties . By accessing or using the Narrative Properties, registering an account, or by viewing, accessing, uploading or downloading any information or content from or to the Narrative Properties, you represent and warrant that you have read and understood these Terms of Service and will abide by them. By creating an account or clicking the “I Accept”-button below, you are signing this Terms of Should Narrative change these Terms, you will be informed thereof, and your consent will be collected, in accordance with Section 3.3 in these Terms.
Your use of, and participation in, certain Services may be subject to additional terms (” Supplemental Terms ”) and such Supplemental Terms will either be listed in the Terms of Service or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Terms of Service are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The Terms of Service and any applicable Supplemental Terms are referred to herein as the ” Terms .”
You are responsible for your use of the Services, for any Content (as defined in Downloading Your Content) you post to the Services, and for any consequences thereof. You may use the Services only if you can form a binding contract with Narrative and are not a person barred from receiving services under the laws of the Sweden or other applicable jurisdiction. If you are accepting these Terms and using the Narrative Properties on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Narrative Properties only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. You also represent and warrant that you have all the rights; power and authority necessary to grant the licences and other rights granted herein to any Content that you submit.
Take care of your user account and don’t put it at risk for frauds.
Narrative will create a public profile for you, which will be made available through our Websites and visible and searchable for everyone globally online, when you register for the Services. Your public profile will contain a public alias of Your choosing and any other content that You post to publicly available parts of our Apps and Services. Such profile may be populated with information from another Social Networking Sit (“SNS”) that you have chosen to connect with your Narrative account.
You represent that You are of legal age to form a binding contract; and not a person barred from using the Narrative Properties under the laws of Your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under Your account. You agree that you shall monitor Your account to restrict use by minors, and You will accept full responsibility for any unauthorized use of the Narrative Properties by minors.
You may not share Your account or password with anyone, and You agree to (1) notify Narrative immediately of any unauthorized use of Your password or any other breach of security; and (2) exit from Your account at the end of each session.
If You provide any information that is untrue, inaccurate, not current or incomplete, or Narrative has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Narrative has the right to suspend or terminate Your account and refuse any and all current or future use of the Narrative Properties (or any portion thereof). You agree not to create an account using a false identity or information, or on behalf of someone other than Yourself. Narrative reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an account or use the Narrative Properties if You have been previously removed by Narrative, or if You have been previously banned from the Narrative Properties or any of the Services.
If you, as a paying customer, at some point want to stop paying for Narrative you will have to take some actions. See 5.1, 5.2 or 5.3 below.
You may access the Narrative Properties by a subscription to our Services (“Subscription”), which can be paid (“Paid Subscription”) or free (“Narrative Free Plan”). The Subscription includes use of our cloud service and our software to store, process and make available Your Content to You for the duration of the subscription (a “Subscription Cycle”).
A Narrative Free Plan may be subject to limited functionality, such as limited storage space, limited possibilities to download content or limitations in the content quality and/or any other types of limitations, which may vary from time to time and at our discretion.
Furthermore, we may provide you with limited offers of free access to the parts of our Services that are normally included in a Paid Subscription (a “Limited Subscription”). For example, you may receive a complimentary Limited Subscription to the Services at the time you purchase our Narrative Clip camera for the Subscription Cycle. We may also offer discounted access to the Services if you subscribe for a fixed term (a “Term Subscription”). A Paid Subscription, Limited Subscription and Term Subscription are hereinafter referred to collectively as “Subscription”.
Please note that Narrative uses a third-party payment service provider to administer any and all of your payments for your Subscription and, as a consequence, Your payments are subject to the terms and conditions of the payment service provider. Should you experience any problems with your payments, Narrative encourages you to contact the payment service provider to resolve the issue in question.
With Paid Subscriptions, your Subscription Cycle will be prolonged with another Subscription Cycle upon termination of each Subscription Cycle at our then current subscription fee, unless the Subscription has been cancelled or changed to a e.g. a Narrative Free Plan by you in accordance with these Terms
Upon expiration of the Subscription Cycle for a Limited Subscription or a Term Subscription, Your Subscription will also continue as a Paid Subscription at our then current subscription fee, unless and until you cancel your Subscription, change it to Narrative Free Plan, or we terminate it in accordance with these Terms.
You must have Internet access and provide us with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) or PayPal account (a “Payment Method”) to purchase a Subscription. We, or our third party payment provider, will bill the Subscription Fee to your Payment Method. You must cancel your Subscription or change it to Narrative Free Plan before the end of a Subscription Cycle in order to avoid billing of the next Subscription Cycle subscription fee to your Payment Method.
You will not receive a notice from us that your Subscription Cycle for a Limited Subscription or a Term Subscription has ended. We will continue to bill your Payment Method for your subscription fee until you cancel your Subscription or change it to Narrative Free Plan pursuant to Section 5.1 (Discontinuing your payment), you delete your account pursuant to Section 5.2 (Deleting Your Account), or we suspend or terminate your account pursuant to Section 5.3 (Suspension or Termination of Your Account). We reserve the right to limit or terminate your access to any offers of free access or discounts to our Services at our sole discretion and at any time and without prior notice and without liability.
1.4 RIGHT OF WITHDRAWAL
If you are a resident in the EU and have purchased a product from Narrative you have 14 days to withdraw your purchase by following the steps described here. Our Return Policy covers all customers, regardless of country of residence.
If You are a consumer resident within the European Union/European Economic Area, and You have entered into a distance service contract with Narrative for access to the Narrative Properties, You have a right of withdrawal from the contract during a period of 14 days from the day of the conclusion of the contract (“Withdrawal Period”). Your right of withdrawal ends if you log in to Your account or otherwise redeem or start to consume Your access to the Narrative Properties. If You wish to exercise Your right of withdrawal, You need to inform Narrative thereof before expiry of the Withdrawal Period. In order to do so, You can contact Narrative by e-mail: email@example.com or at Narrative’s Address as set out under Section 9.5 below]. A model form for exercising Your right of withdrawal can be obtained at [see form in Annex 1b at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:304:0064:0088:en:PDF].
All users have the right to return their purchased products according to our Return Policy.
What you pay for today will not change until your subscription period runs out and a new one begins. Any tax implications from your purchases with Narrative is typically to be paid by you.
The current subscription fee(s) for Subscription is posted on our Websites. The price(s) may vary if the access is sold by one of our approved retailers, e-tailers, associates, distributors or business partners. We reserve the right to change the price for providing access to the Narrative Properties; to divide the price into levels of access, storage space, features, tools, information etc.; to limit the access, storage space and/or features, tools, information etc. provided at a certain price. Moreover, we reserve the right to set a separate price for access to certain levels of storage space, features, tools, information etc. Such changes will be effective from the first Subscription Cycle after the one you are currently in.
Prices on the Narrative Websites are stated in US Dollars or Euros. You are responsible for any and all fees, transaction costs and other costs that pertain to exchanging local currencies into USD or Euro when making your purchase. We may add our costs for shipment to the price listed on our Websites. Such costs will be added to your final price before checkout of your order.
The subscription fees for the Services as well as any and all Products that are sold on the Narrative Websites are set without taxes and customs, unless otherwise indicated. You are responsible for paying for the Services without any deductions for any and all taxes and customs that may apply to your purchase. If Narrative is obligated to collect or pay taxes, the ones that pertain to your purchase will be added to your purchase or invoiced to you, unless you can provide Narrative with a timely and valid certificate of tax exemption.
Once your monthly subscription has been paid, the service is yours to use until the next month’s payment is made.
The subscription fee for access to the Services shall be paid in advance at the beginning of each Subscription Cycle on the day when You activated your Subscription. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paid Subscription. Subscription fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paid Subscription began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your paid Subscription on January 31st, your next payment date is likely to be March 28th, and your Payment Method would be billed on that date. As used in these Terms, “billing” shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle. If the first attempt to withdraw payment from the Payment Method fails, we will make three (3) further attempts at two (2) day intervals. If the withdrawal does not succeed, we will consider the payment past due. This may affect your access to Your Content and the Narrative Properties in accordance with sections 2.,2 (”Downloading Your Content”) and 5(”Ending These Terms”).
PAYMENTS ARE NON-REFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the Services through the end of your current billing period.
2. YOUR RIGHTS
2.1 YOUR CONTENT
Your content is yours only.
You and Narrative hereby expressly acknowledge and agree that your content is and remains your sole responsibility and property. Any and all information, data, text, software, music, sound, photos, graphics, messages, tags, moments, comments, and other content, data or information (”Content”) that you upload, store, transmit, submit, exchange or make available (”Make Available”) to or via the Narrative Properties (hereinafter "Your Content") is owned solely by you. In accordance with the terms stipulated under 2.3 Grant of License, you grant Narrative the license to access Your Content in order to generate Content and create a presentation of Your Content that is accessible to you via the Narrative Services.
Without prejudice to the conditions set forth in Your Use of the Narrative Properties you must not Make Available, distribute, send, display, or otherwise communicate to the public any Content to which you do not hold the necessary rights. In particular, any unauthorized use of copyright protected material within Your Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Narrative Properties) may constitute an infringement of third party rights and is strictly prohibited. Any such infringements may result in termination of your account, and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rightsholder.
You acknowledge and agree that any and all Content that you share on publicly available parts of the Narrative Properties will be available and searchable for the whole world. We may provide you with means to limit the group of individuals to whom Content will be shared. Unless we provide this means and you have actively chosen to make use of it, all Content that you share in public will become available and searchable for the whole world.
Procedure for Making Claims of Copyright Infringement.
If someone has stolen your content, let Narrative know by sending us a notice with a predefined set of information.
It is Narrative’s policy to terminate the privileges of any user who repeatedly infringes copyright upon prompt notification to Narrative by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if You believe that Your work has been copied and posted on the Narrative Properties in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that You claim has been infringed;
3. a description of the location on the Narrative Properties of the material that You claim is infringing;
4. Your address, telephone number and email address;
5. a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
6. a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
Contact information for Narrative’s Copyright Agent for notice of claims of copyright infringement is as follows;
Third Dot AB
Lilla Fiskaregatan 12
S-222 22 Lund
2.2 DOWNLOADING YOUR CONTENT
You have the right to download your content at any time. Certain conditions will apply.
You have the right to, at any time, download your photographs as stored in the Narrative Properties , excluding any and all thumbnails, videos, collages, and other Content you created using the Narrative software (the ”Your Stored Photos”). The download may include large amounts of data and is subject to the following limitations:
1. The download may not be immediate, since it will entail preparations from Narrative in order to be executed.
2. If you have used the Narrative Properties to delete and/or approve changes to Your Stored Photos that affects their storage, for example by adjusting definition, quality and/or automatic removal of images with the Narrative algorithms, this will affect the extent to which Your Stored Photos may be available for download.
3. The possibility to download Your Stored Photos may be connected with an administrative fee as well as a fee for coverage of technical costs.
4. If your account is closed for any other reason than your own request and default of payment, the possibility to download Your Stored Photos is offered for one month following the closing of your account.
5. If your account is closed per your own request, the opportunity to download Your Stored Photos will cease permanently on the date we receive your request.
In the event that you have chosen to integrate Third Party Applications with the Narrative Properties, data that is shown within the Narrative Properties as a consequence of such integration may not be available for download through the Narrative Properties.
2.3 GRANT OF LICENSE
The Narrative License to Your Content
You let Narrative access your content to present it to you through our services. Only content you have shared yourself will be shared by Narrative.
By submitting Your Content on or through the Narrative Properties, you grant Narrative (and our affiliates, assignees, sub-contractors, suppliers and business partners) a worldwide, non-exclusive, royalty-free license to access any and all of Your Content that you have submitted to the Services during your entire (historical as well as future) use of the Narrative Properties in any way necessary for Narrative in order to provide you with our Services and develop new, additional services. This license includes a right for Narrative to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that Your Content works better with our Services) and right to perform analysis on aggregated, anonymized versions of Your Content for business or statistical purposes. Furthermore, with Your expressed consent, Narrative shall have the right to communicate, publish, publicly perform, publicly display and distribute such Content. The rights you grant in this license are for the limited purpose of operating and improving the Narrative Properties, and to develop new Services.
You agree that Narrative shall have the right to communicate, publish, publicly perform, publicly display and distribute Your Content, with the exception of Your Stored Photos, on an aggregate level where the data is anonymized and does not serve to identify you.
By sharing Your Content on publicly accessible forums (such as Facebook, Twitter, Instagram etc.) or to publicly accessible areas of Narrative Properties, you grant Narrative a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). Some Services may offer you ways to access and remove Content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the Content submitted in those Services. Make sure you have the necessary rights to grant us this license for any of Your Content that you submit on or through the Narrative Properties.
You agree that this license includes the right for Narrative to provide, promote, and improve the Narrative Properties and to make Your Content submitted to or through the Narrative Properties available to other companies, organizations or individuals who partner with Narrative for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
Such additional uses by Narrative, or other companies, organizations or individuals who partner with Narrative, may be made with no compensation paid to you with respect to Your Content that you submit, post, transmit or otherwise make publicly available through the Narrative Properties.
Your License To Use the Services
Narrative lets you use Narrative’s services under the conditions presented here below.
Narrative grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Narrative as part of the Narrative Properties. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Narrative Properties as provided by Narrative, in the manner permitted by these Terms.
2.4 USING THE NARRATIVE PROPERTIES
You can only use Narrative’s services within the boundaries of law. Using Narrative’s services does not make you the owner of the services or their contents.
You must follow any policies made available to you within the Narrative Properties.
You may use our Narrative Properties only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Narrative Properties to you if you do not comply with our terms or policies or if we are investigating suspected misconduct or misuse of our Narrative Properties. Misuse may include, but is not limited to, interfering with our Services or trying to access them using a method other than the interface and the instructions that we provide.
Using our Narrative Properties does not give you ownership of any intellectual property rights in our Narrative Properties or the Content you access. You may not use Content from our Narrative Properties unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Narrative Properties. Do not remove, obscure, or alter any legal notices displayed in or along with our Narrative Properties.
2.5 THIRD PARTY CONTENT
Someone else’s content is someone else’s content, not Narrative’s or yours, but Narrative decides if someone else’s content can be displayed on Narrative’s services.
The Narrative Properties display some Content that is not Narrative’s. This Content is the sole responsibility of the entity that makes it available. We may provide you with means, such as our API, to integrate third party content with the Narrative Properties. Narrative may review publicly shared Content to determine whether it is illegal or violates our policies, and we may refuse to display Content that we reasonably believe violates our policies or the law. This only applies to publicly shared Content - all other Content is encrypted even to us until you give us your explicit consent to access it or if such circumstances that are described under Disclosure of Your Content occur.
Narrative will occasionally send you information, some of which you can choose not to receive.
In connection with your use of the Narrative Properties, we may send you service announcements, administrative messages, and other information. You may opt out of some of these communications.
Do not check your Narrative app when you are supposed do be doing something else.
Our Services are available on mobile devices. Do not use our Services in a way that distracts you and prevents you from obeying traffic or safety laws.
With respect to any App accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
You acknowledge and agree that the availability of the App and the Services is dependent on the third party from which you received the App license, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge that the Terms are between you and Narrative and not with the App Store. Narrative, not the App Store, is solely responsible for the Narrative Properties, including the App, the content thereof, maintenance, customer care services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Narrative Properties, including the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Narrative Properties, including the App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.
These terms of service only appliy to your use of the Narrative services. In the case that you obtain these services from somewhere else, like for example the App Store for Narrative’s iPhone App, certain terms apply between you and that provider (eg. Apple).
Accessing and Download the App from iTunes . The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
1. You acknowledge and agree that (i) the Terms are concluded between you and Narrative only, and not Apple, and (ii) Narrative, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
2. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and customer care services with respect to the App Store Sourced Application.
3. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Narrative and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Narrative.
4. You and Narrative acknowledge that, as between Narrative and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
5. You and Narrative acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Narrative and Apple, Narrative, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
6. You and Narrative acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
7. Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
3. NARRATIVE RIGHTS
3.1 TRADEMARKS ETC.
You cannot use Narrative’s trademarks without our permission. Narrative cannot use your trademarks without your permission.
All right, title, and interest in and to the Narrative Properties (excluding Your Content and the Content of other users) are, and will remain, the exclusive property of Narrative and its licensors. The Narrative Properties is protected by copyright, trademark, and other laws of both Sweden and foreign countries. Nothing in these Terms gives you a right to use the Narrative name, nor any of the Narrative trademarks, logos, domain names, and other distinctive brand features. Any and all feedback, comments, or suggestions you may provide to us is entirely voluntary. We will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Narrative does not have the right to use your trademarks, logos, domain names and other distinctive brand features for other purposes than as these trademarks etc. appear in your use of the Services and for the purposes of providing our Services. In our Services to you, Narrative provides you with means of making selected photos or moments public by “sharing” them to other services, which are not associated with Narrative in any way. Such sharing shall under no circumstances be deemed an infringement by Narrative of your rights to your trademarks, logos, domain names and other distinctive brand features. Once Content has been made public in such a manner, Narrative shall have no responsibility for any and all further uses of your trademarks, logos, domain names and other distinctive brand features as they appear on services that are not associated with Narrative in any way.
3.2 DISCLOSURE OF YOUR CONTENT
Narrative will never disclose your content to anyone else unless either you have voluntarily shared it yourself or if we have very strong reasons to believe that we very much have to comply to a formally filed request. In the latter case, we will always inform you of the request and give you the option to disclose the requested content yourself. Narrative will always do everything reasonably possible to protect your content. The canary bird is alive.
While Narrative will not disclose Your Content and/or information to any governments or entities without your expressed consent, we will share Content if we receive a request to do so, and
1. if we believe in good faith that we have no legal options to refuse such a request; e.g. in connection with a legal investigation, to comply with relevant laws or to respond to subpoenas or warrants served on Narrative;
2. if it is necessary to protect the safety of any person from death or serious bodily injury,
3. if it is necessary to protect and defend us or any of our users from fraud or abuse or in defense of our or our users’ rights of property; or
If we are presented with such a request, Narrative may notify all affected users by e-mail, no matter whether we determine that data should be disclosed. Upon receipt of such information, you will be given the opportunity to actively consent to disclosure of content and/or information to the specified government or entity for the specified purpose at the specified time. If you consent to disclosing information, Narrative will comply with the request in question without making further investigations of the lawfulness nor any other aspects of the request. If you do not consent, we will make reasonable investigations to ensure that one or more of the above criteria are fulfilled by the request to disclose data. If we find that the request is not in compliance with any of the aforementioned criteria, we will refuse to disclose the content.
Your installation of any app, software or other device that integrates with the Narrative Properties and your consequent use of such app, software or device shall be considered such approval for Narrative to disclose the type of Content that such app, software or device requests.
Narrative has as of the date of these terms not been forced by order of court to disclose user Content without disclosing the circumstances to the user(s) involved or the public.
3.3 MODIFICATION OF THESE TERMS OR THE CONTENTS OF THE NARRATIVE PROPERTIES
These terms may change and we will do what we can to inform you about changes without being too spammy.
The Narrative Properties that Narrative provides are always evolving, and the form and nature of the Services that we provide may change from time to time without prior notice to you. In addition, Narrative may stop (permanently or temporarily) providing the Narrative Properties (or any feature within the Narrative Properties) to You, or to users locally or globally, and may not be able to provide You with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
Any changes to these Terms will become effective at the sooner event of either i) three (3) weeks after the date when the changed Terms are made public by launch thereof on our Websites, or ii) on the earlier date when you access the Narrative Properties after such announcement of the changes and are informed of the changes by digital notification from us. If you continue to use the Narrative Properties once the change has become applicable in accordance with this section, this will be regarded as your acceptance of the changes to the Terms, regardless whether the changes are substantial or non-substantial. You will be notified of changes to these Terms and the contents of the Narrative Properties when you log into your account. The full, updated versions of these Terms will be made available on our Websites.
3.4 MEASURES TO PROVIDE THE SERVICES
Sometimes we will need to fiddle with the software to make it better. This can result in occasional disruption of your access to the software.
Narrative shall have the right to limit your access to the Narrative Properties for purposes of making changes, updates, repairs, tests and simulations which require our software and/or any and all parts of our servers unavailable to you for a limited time.
4. USER CONDUCT
Don’t break the law.
As a condition of use, You agree not to use the Narrative Properties for any purpose that is prohibited by the Terms or by applicable law. You shall not (and shall not permit any third party) either to
1. take any action,
2. Make Available any Content on or through the Narrative Properties that:
1. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity;
2. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
3. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail;
4. involves commercial activities and/or sales without Narrative’s prior written consent, such as contests, sweepstakes, barter, advertising or pyramid schemes;
5. impersonates any person or entity, including any employee or representative of Narrative;
6. interferes with or attempts to interfere with the proper functioning of the Narrative Properties or uses the Narrative Properties in any way not expressly permitted by the Terms; or
7. attempts to engage in, or engages in, any potentially harmful acts that are directed against the Narrative Properties, including but not limited to violating or attempting to violate any security features of the Narrative Properties, using manual or automated software or other means to access, ”scrape”, ”crawl”, or ”spider” any pages contained in the Narrative Properties, introducing viruses worms or similar harmful code into the Narrative Properties, or interfering or attempting to interfere with use of the Narrative Properties by any other user, host or network, including by means of overloading, ”flooding”, ”spamming”, ”mail bombing”, or ”crashing” the Narrative Properties; or
3. Use any application, software or other device created by a third party that, from a technical perspective, automatically modifies data, nor any such application, software or device that performs or permits you to perform anything listed under B above.
Should you find any content application, software or other device that you perceive as being in violation of these Terms in any way, including but not limited to being offensive, please report this to us by contacting Customer Care at firstname.lastname@example.org.
5. ENDING THESE TERMS
Clicking the “I accept” button actually means you accept these terms. You can terminate the terms by deactivating your account.
These Terms will become applicable as you create an account or click the ”I Accept”-button below. Unless there are any alterations to these Terms, they will continue to apply until the end of Your initial Subscription. Each time Subscription is renewed, you warrant that you have read and approve the renewal of these Terms. These Terms can be terminated by You or by us as follows.
5.1 DISCONTINUING YOUR PAYMENTS
Stop paying and your account will turn into Narrative Free Plan.
If you have not paid the required subscription fee pursuant to section 1.3, your Paid Subscription will be turned into Narrative Free Plan. This means that your ability to upload and view content may be limited to the features available through Narrative Free Plan at each time. If your account contains more data than permitted through Narrative Free Plan, Narrative reserves the right to remove content that exceeds this limit. If we make use of this right, we will inform you via e-mail and will provide you with an opportunity to download content that is about to be deleted.
5.2 DELETING YOUR ACCOUNT
You can delete your account at any time and only pay for the rest of your billing period. Make sure to download your content before you make a request to Narrative’s support staff to delete your account.
You may end your account with Narrative at any time for any reason by deleting your account. To do so, you need to notify Narrative by contacting Customer Care. Narrative will delete the account as soon as it is administratively possible for us, usually within three weeks time. If you delete your account before the end of the billing period for your Subscription, we will be unable to offer you a refund for any unexpired period of your Subscription.
If you access the Narrative Properties via any of our Apps or via any third party app connected to your account, deleting that app will not delete your account. If you wish to delete your account, you will need to do so from the Account page within your Settings on the Websites or by contacting Customer Care.
Deleting your account means that Your Content will be IRREVOCABLY DELETED once Narrative has received the request for deletion and has performed the necessary actions to delete the account. The opportunity to download Your Stored Photos will cease at this point.
5.3 SUSPENSION OR TERMINATION OF YOUR ACCOUNT
If you are violating the law or Narrative’s terms or if your use of Narrative means a great risk for us or someone else or if Narrative no longer can afford to provide you the service, your account may be deactivated or your access be limited. In all cases where your account is shut down but Narrative is still a commercially available service, we will store your content for three months under which time you can download your content.
We may suspend or terminate your account, to delete or limit Your access to all or part of Your Content or to cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe that
2. your conduct when using our services creates the risk of the death or serious bodily injury of any person, or the risk of fraud or abuse or damage to the property rights of Narrative, our affiliates, assignees, suppliers, business partners, users or any other person or entity,
3. you create risk or possible legal exposure for us or our affiliates, assignees, suppliers or business partners in any country, or
4. our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
If your account is terminated, Narrative will continue to store Your Content until the end of the third (3rd) month after the month when you account was terminated, during which time you will have the opportunity to download Your Stored Photos. After this time, Narrative will delete Your Content, including all photographic material.
5.4 STORAGE OF YOUR PERSONAL DATA
5.5 DELETING DATA
Narrative may keep anonymised versions of your data after your account has been deactivated or terminated.
After the possibility to download Your Stored Photos has ceased and your account has been deactivated or terminated, Narrative reserves the right to keep anonymised data for purposes of statistics, trouble-shooting and/or to fulfil our obligations according to national and international law.
Nothing in this section shall affect Narrative’s rights to change, limit or stop the provision of the Narrative Properties without prior notice, as provided in Section 3.3 (”Modification of these Terms or the Contents of the Services”).
6. DISCLAIMERS OF WARRANTIES
The disclaimers and warranties cover the product as is. Possible flaws may exist and Narrative will try to correct them as soon as possible. We make no guarantess at any time that Narrative’s products will be flawless. If the laws of your country make this section unlawful, then this section does not apply to you.
ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE NARRATIVE PROPERTIES OR OTHERWISE, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”.
NARRATIVE MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE NARRATIVE PROPERTIES OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES. HOWEVER, NARRATIVE WILL USE REASONABLE ENDEAVOURS TO CORRECT ANY ERRORS OR OMISSIONS IN THE NARRATIVE PROPERTIESAS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO OUR ATTENTION.
WE DO NOT WARRANT THAT YOUR USE OF THE NARRATIVE PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE NARRATIVE PROPERTIES OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE NARRATIVE PROPERTIES OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DOES NARRATIVE WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE NARRATIVE PROPERTIES WILL BE SECURE OR THAT ANY ELEMENTS OF THE NARRATIVE PROPERTIES DESIGNED TO PREVENT UNAUTHORISED ACCESS, SHARING OR DOWNLOAD OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES, OR THAT YOUR USE OF THE NARRATIVE PROPERTIES IS LAWFUL IN ANY PARTICULAR JURISDICTION. NOR DO WE WARRANT THAT ALL YOUR CONTENT WILL BE RETRIEVABLE IN THE EVENT THAT ANY OR ALL CONTENT IS DESTROYED.
NARRATIVE AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES AND, AS A RESULT, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. NOTHING IN THIS SECTION IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
7. LIMITATION OF LIABILITY
If something happens to you or something you own as a result of you using Narrative’s products, it does not fall under any of Narrative’s warranties or liabilities. If the laws of your country make this section unlawful, then this section does not apply to you.
NEITHER YOU NOR NARRATIVE AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, WILL, TO THE MAXIMUM EXTENT OF APPLICABLE LAW, BE LIABLE FOR LOST REVENUES OR OPPORTUNITIES, NOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. THIS APPLIES EVEN IF THE PARTY SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF PAYING ONLY DIRECT DAMAGES DO NOT SATISFY A REMEDY.
NARRATIVE SHALL HAVE NO LIABILITY FOR LOSS OR DAMAGES INCURRED BY:
1. YOUR INABILITY TO ACCESS OR USE THE NARRATIVE PROPERTIES OR TO ACCESS ANY CONTENT, ANY TEMPORARY OR PERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE NARRATIVE PROPERTIES OR ANY CONTENT, OR ANY ERRORS IN THE TECHNICAL OPERATIONS OF THE NARRATIVE PROPERTIES;
2. ANY CHANGES THAT WE MAY MAKE TO THE NARRATIVE PROPERTIES OR ANY PART THEREOF;
3. ANY ACTION TAKEN AGAINST YOU BY THIRD PARTY RIGHTSHOLDERS WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF SUCH THIRD PARTY’S RIGHTS RELATING TO YOUR CONTENT OR YOUR USE OF THE NARRATIVE PROPERTIES;
4. ANY ACTION TAKEN AS PART OF AN INVESTIGATION BY NARRATIVE OR ANY RELEVANT LAW ENFORCEMENT AUTHORITY;
5. YOUR FAILURE TO PROVIDE NARRATIVE WITH ACCURATE OR COMPLETE INFORMATION, OR YOUR FAILURE TO KEEP YOUR USERNAME OR PASSWORD SUITABLY CONFIDENTIAL;
6. ANY LOSS OR DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE, ANY LOSS OF DATA (INCLUDING YOUR CONTENT), OR ANY LOSS OR DAMAGE FROM ANY SECURITY BREACH.
NARRATIVE MUST BE NOTIFIED OF ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE NARRATIVE PROPERTIES AS SOON AS POSSIBLE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS, AND AS A RESULT, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. NOTHING IN THIS SECTION IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
You agree not to press charges against Narrative if you are in trouble because you have violated these terms or the law or because of your use of Narrative.
You agree to indemnify and hold Narrative, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders harmless from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, which relate to or arise out of:
1. any violation by You of these Terms;
2. any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content and/or Making Available of Your Content to other users through the Narrative Properties, and/or the actual use of Your Content by other users in accordance with these Terms;
3. any activity related to Your account, be it by You or by any other person accessing Your account with or without Your consent, unless such activity was caused by the act or default of Narrative;
4. Your use of, or inability to use, the Narrative Properties;
5. Your use of any apps, software, products or other devices that are provided by third parties and that integrate with the Narrative properties; or
6. Your violation of any applicable laws, rules or regulations.
Narrative reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with Narrative in asserting any available defenses. You agree that the provisions in this section will survive any termination of Your account, the Terms, or Your access to the Narrative Properties.
8.1 FORCE MAJEURE
In case something really really ugly happens which causes Narrative or you to be unable to fulfill our obligations according to these terms, neither of us is responsible towards the other.
Neither party shall be liable, for damages nor any other consequences, if the party’s obligations according to these Terms, other than the obligation to pay money, are inhibited or delayed by circumstances that the party can not reasonably control or foresee, including but not limited to, any conflict in the workforce; natural phenomena such as lightning, earthquakes, floods etc.; fire; war; decisions and decrees made by governments or authorities; accidents; strikes or shortages of transportation facilities, fuel, energy, labor or materials; or similar circumstances.
One fault does not make all of the terms faulty.
Should one or more provisions of these Terms be found to be unlawful, void or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
If the company that supplies you with the service (i.e. Third Dot AB) merges with, is acquired by or transfers the service to another company, the new company will still have to honour commitments made between Narrative and you set out by these terms.
If the ownership of Narrative’s business or the Narrative Properties changes, Narrative reserves the right to transfer and assign these Terms of Service and any information, rights and obligations, including your user account and Your Content, that arise from these Terms to another legal entity. This includes any assignment to a company within Narrative’s group of companies, including an owner of, or subsidiary to, Narrative or to a company that is not owned by, or otherwise affiliated with, Narrative. Any new legal entity will still have to honor the commitments Narrative have made in these Terms.
Some sections in the terms will apply even if the rest of the terms have expired or been terminated.
The following sections will survive expiration or termination of these Terms: 3.1 Trademarks etc., 7. Limitation of Liability, 8. Indemnification, 9. Miscellaneous.
9.4 ENTIRE AGREEMENT
Law English trumphs Plain English or other languages in court.
If Narrative provides a ”Plain English” version of these Terms or a translation of the English version, the English language version of the Terms will control if there is any conflict.
The latest version of these terms are always available on this URL: http://getnarrative.com/pages/terms-of-service
9.5 APPLICABLE LAW AND JURISDICTION
Narrative is a Swedish company and Swedish law governs these terms.
Except where otherwise required by the mandatory law of Sweden, any other member state of the European Union/European Economic Area or the United States,
1. these Terms are subject to the laws of Sweden, excluding the law (1987:899) of international purchases (the UN Convention on Contracts for the International Sale of Goods; CISG) and excluding the principles of conflict of laws (international private law), and
2. You hereby agree, and Narrative agrees, that disputes arising in connection with this agreement shall be resolved by arbitration, administered by the Arbitration institute of the Stockholm Chamber of Commerce (”the Institute”). The rules of Simplified Arbitration for the Arbitration institute of the Stockholm Chamber of Commerce shall apply, unless the Institute, based on the complexity of the case, the sum and other circumstances, decides at its own discretion, that the Rules for the Arbitration institute of the Stockholm Chamber of Commerce shall apply. In the latter case, the Institute shall also decide whether the arbitration committee shall consist of one or three members. The arbitration shall take place in Stockholm. The arbitration shall be held in English.
3. If You are a consumer resident within the European Union/European Economic Area, disputes arising in connection with these Terms may be settled by public courts in Sweden or in your country of residence. If You are a consumer resident in Sweden, You may also in some cases refer a dispute to The National Board for Consumer Disputes (Sw: Allmänna reklamationsnämnden).
4. You and Narrative waive all right to trial by jury, and the right to participate in a class action or multi-party law suit. Both You and Narrative acknowledge that each can bring claims against the other only in Your or our individual capacity, not as a class member or in any capacity or proceeding of a representative.
The foregoing provisions of this Applicable Law and Jurisdiction section do not apply to any claim in which Narrative seeks equitable relief of any kind.
We love getting mail.
Please email any questions, concerns or comments you have about these Terms on email@example.com or write to us at:
Narrative c/o Third Dot AB
Lilla Fiskaregatan 12
SE-222 22 Lund
Swedish registration No: 556838-5685
VAT No: SE556838568501