TERMS & CONDITIONS

 

By downloading or using the Storywave(hereinafter “The App”), or submitting music or other content to be used in Storywave, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using The App. You’re not allowed to copy, or modify The App, any part of The App, or our trademarks in any way. You’re not allowed to attempt to extract the source code of The App, and you also shouldn’t try to translate The App into other languages, or make derivative versions. The App itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to Unstatic Ltd.

 

Unstatic Ltd. is committed to ensuring that The App is as useful and efficient as possible. For that reason, we reserve the right to make changes to The App or to charge for its services, at any time and for any reason. We will never charge you for The App or its services without making it very clear to you exactly what you’re paying for.

 

The Storywave App stores and processes personal data that you have provided to us, in order to provide service. It’s your responsibility to keep your phone and access to The App secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the Storywave App won’t work properly or at all. 

 

You should be aware that there are certain things that Unstatic Ltd. will not take responsibility for. Certain functions of The App will require The App to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but Unstatic Ltd. cannot take responsibility for The App not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.

 

If you’re using The App outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing The App, or other third party charges. In using The App, you’re accepting responsibility for any such charges, including roaming data charges if you use The App outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using The App, please be aware that we assume that you have received permission from the bill payer for using The App.

 

Along the same lines, Unstatic Ltd. cannot always take responsibility for the way you use The App i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, Unstatic Ltd. cannot accept responsibility

 

With respect to Unstatic Ltd. responsibility for your use of The App, when you’re using The App, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Unstatic Ltd. accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of The App.

 

At some point, we may wish to update The App. The App is currently available on iOS – the requirements may change, and you’ll need to download the updates if you want to keep using The App Unstatic Ltd. does not promise that it will always update the app so that it is relevant to you and/or works with the iOS version that you have installed on your device. However, you promise to always accept updates to The App when offered to you, We may also wish to stop providing The App, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using The App, and (if needed) delete it from your device.

 

 

Your content

 

Any and all audio, images, and other content, data or information that you submit, store, transmit, upload, exchange or make available to or via The App (hereinafter "Your Content") is generated, owned and controlled solely by you, and not by Unstatic Ltd.

 

Unstatic Ltd. does not claim any ownership rights in Your Content, and you hereby expressly acknowledge and agree that Your Content remains your sole responsibility.

You must not submit, store, distribute, send, transmit, display, perform, make available, continue to make available 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 App), independent of whether it is or becomes unauthorized at a later point, may constitute an infringement of third party rights and is strictly prohibited. Any such infringements may result in civil litigation or criminal prosecution by or on behalf of the relevant rightsholder.

 

 

Grant of license

 

By submitting Your Content to the app, you initiate an automated process to transcode any audio Content and direct Unstatic Ltd. to store Your Content on our servers. To the extent it is necessary in order for Unstatic Ltd. to provide you with any of the aforementioned hosting services, to undertake any of the tasks set forth in these Terms of Use, including the distribution of advertising or other promotional material on our App and/or to enable your use of the App, you hereby grant such licenses to Unstatic Ltd. on a limited, worldwide, non-exclusive, royalty-free and fully paid basis.

 

By submitting Your Content to the App, you also grant a limited, worldwide, non-exclusive, royalty-free, fully paid up, license to other users of the App, to use, copy, listen to offline, repost, transmit or otherwise distribute, publicly display, publicly perform, adapt, prepare derivative works of, compile, make available and otherwise communicate to the public, Your Content utilizing the features of the App from time to time, and within the parameters set by you using the Services. Notwithstanding the foregoing, nothing in these Terms of Use grants any rights to any other user of the App with respect to any proprietary name, logo, trademark or service mark submitted by you as part of Your Content.

 

The licenses granted in this section are granted separately with respect to each item of Your Content that you submit to the App. Licenses with respect to audio Content, and any images or text within your submission, will (subject to the following paragraph of these Terms of Use) terminate automatically when you request to remove such Content from the App.

 

Removal of audio Content from your account will result in the deletion of the relevant files from Unstatic Ltd’s systems and servers. However, notwithstanding the foregoing, you hereby acknowledge and agree that once Your Content is distributed to another service, Unstatic Ltd. is not obligated to ensure the deletion of Your Content from any servers or systems operated by the operators of any other service, or to require that any user of The App or any Service deletes any item of Your Content. Furthermore, the applicable Content may still be temporarily available to other users of The App who saved the applicable Content for offline listening on their devices.

 

Any Content other than Your Content is the property of the relevant submitter, and is or may be subject to copyright, trademark rights or other intellectual property or proprietary rights. Such Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except via the features of The App from time to time and within the parameters set by the submitter on The App or with the express written consent of the submitter. Where you repost another user’s Content, or include another user’s Content in a video, you acquire no ownership rights whatsoever in that Content. Subject to the rights expressly granted in this section, all rights in Content are reserved to the relevant submitter.

 

 

Representations and warranties

 

You hereby represent and warrant to Unstatic App. as follows: (i) Your Content, and each and every part thereof, is an original work by you, or you have obtained all rights, licenses, consents and permissions necessary in order to use at any and all times during any applicable use, and (if and where relevant) to authorize Unstatic Ltd. to use, Your Content pursuant to these Terms of Use, including, without limitation, the right to upload, reproduce, store, transmit, distribute, share, publicly display, publicly perform, make available (including for listening offline) and otherwise communicate to the public Your Content, and each and every part thereof, on, through or via The App.

(ii) Your Content and the availability thereof on The App does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information.

(iii) You have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in Your Content in order to include their name, voice, performance or likeness in Your Content and to publish the same on the App.

(iv) Your Content, is not and will not be unlawful, abusive, libellous, defamatory, pornographic or obscene, and will not promote or incite violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation.

(v) Your Content does not and will not create any liability on the part of Unstatic Ltd, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders. Unstatic Ltd reserves the right to remove Your Content, and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person's rights or violates any law, rule or regulation.

 

 

Liability for content

 

You hereby acknowledge and agree that Unstatic Ltd (i) stores content and other information at the direction, request and with the authorization of its users, (ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such content, and (iii) plays no active role and gives no assistance in the presentation or use of the content. You are solely responsible for all of Your Content that you submit, post or distribute to, on or through The App, and to the extent permissible by law, Unstatic Ltd. excludes all liability with respect to all content (including Your Content) and the activities of its users with respect thereto.

 

You hereby acknowledge and agree that Unstatic Ltd. cannot and does not review the content created or uploaded by its users, and neither Unstatic Ltd. nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and may, but does not undertake or assume any duty to, monitor the App for content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Use or applicable law.

 

Unstatic Ltd. and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any content uploaded to the App by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of abusive, defamatory, pornographic, or obscene material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the App. By using The App, you irrevocably waive the right to assert any claim with respect to any of the foregoing against Unstatic Ltd. or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.

 

Reporting infringements

 

If you discover any content on The App that you believe infringes your copyright, or if you discover any Content that you believe to be in violation of your trademark rights, or if you discover Content that infringes or violates any of your other rights, which you believe is defamatory, pornographic, obscene, racist or otherwise liable to cause widespread offense, or which constitutes impersonation, abuse, spam or otherwise violates these Terms of Use, please report this by email to contact@unstaticapps.com.

 

 

Disclaimer

 

THE APP, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND SERVICES ACCESSED THROUGH OR THE APP, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”.

 

WHILST UNSTATIC LTD. USES REASONABLE ENDEAVORS TO CORRECT ANY ERRORS OR OMISSIONS IN THE APP AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO UNSTATIC LTD.’S ATTENTION, UNSTATIC LTD. MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE APP OR ANY PART OR PARTS THEREOF, OR ANY CONTENT. UNSTATIC LTD. DOES NOT WARRANT THAT YOUR USE OF THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE APP OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNSTATIC LTD. DOES NOT WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE APP WILL BE SECURE OR THAT ANY ELEMENTS OF THE APP DESIGNED TO PREVENT UNAUTHORIZED ACCESS, SHARING OR DOWNLOAD OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES, AND DOES NOT WARRANT THAT YOUR USE OF THE APP IS LAWFUL IN ANY PARTICULAR JURISDICTION.

UNSTATIC LTD. 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.

WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THIS AGREEMENT.

 

 

Limitation of Liability

 

IN NO EVENT SHALL UNSTATIC LTD. AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED THE GREATER OF 100 US DOLLARS OR THE AMOUNTS (IF ANY) PAID BY YOU TO UNSTATIC LTD. DURING THE PREVIOUS TWELVE (12) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

 

UNSTATIC LTD AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR:

  1. ANY LOSS OR DAMAGE ARISING FROM:
    (A) YOUR INABILITY TO ACCESS OR USE THE APP OR ANY PART OR PARTS THEREOF, OR TO ACCESS ANY CONTENT OR ANY EXTERNAL SERVICES VIA THE APP;
    (B) ANY CHANGES THAT UNSTATIC LTD. MAY MAKE TO THE APP OR ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE APP OR ANY CONTENT IN OR FROM ANY OR ALL TERRITORIES;
    (C) 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 APP, OR ANY ACTION TAKEN AS PART OF AN INVESTIGATION BY UNSTATIC LTD OR ANY RELEVANT LAW ENFORCEMENT AUTHORITY REGARDING YOUR USE OF THE APP;
    (D) ANY ERRORS OR OMISSIONS IN THE APP’S TECHNICAL OPERATION, OR FROM ANY INACCURACY OR DEFECT IN ANY CONTENT OR ANY INFORMATION RELATING TO CONTENT;
    (E) YOUR FAILURE TO PROVIDE UNSTATIC LTD. WITH ACCURATE OR COMPLETE INFORMATION;
    (F) ANY MISCONDUCT BY OTHER USERS OR THIRD PARTIES USING THE APP, ESPECIALLY IN BREACH OF THE AGREEMENT;

  2. 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; AND/OR

  3. ANY LOSS OF PROFITS, OR ANY LOSS YOU SUFFER WHICH IS NOT A FORESEEABLE CONSEQUENCE OF UNSTATIC LTD BREACHING THESE TERMS OF USE. LOSSES ARE FORESEEABLE WHERE THEY COULD BE CONTEMPLATED BY YOU AND UNSTATIC LTD AT THE TIME YOU AGREE TO THESE TERMS OF USE, AND THEREFORE DO NOT INCLUDE ANY INDIRECT LOSSES, SUCH AS LOSS OF OPPORTUNITY.

 

ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE APP MUST BE NOTIFIED TO UNSTATIC LTD AS SOON AS POSSIBLE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND UNSTATIC LTD AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND UNSTATIC LTD, AND THAT UNSTATIC LTD LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

NOTHING IN THESE TERMS OF USE LIMITS OR EXCLUDES THE LIABILITY OF UNSTATIC LTD, ITS SUBSIDIARIES, SUCCESSORS, ASSIGNS, OR THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND/OR SHAREHOLDERS: (I) FOR ANY DEATH OR PERSONAL INJURY CAUSED BY ITS OR THEIR NEGLIGENCE, (II) FOR ANY FORM OF FRAUD OR DECEIT, (III) FOR ANY DAMAGES CAUSED WILFULLY OR BY GROSS NEGLIGENCE, OR (IV) FOR ANY FORM OF LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.

 

Indemnification

 

You hereby agree to indemnify, defend and hold harmless Unstatic Ltd., its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:

(i) any violation by you of these Terms of Use.

(ii) any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the App, and/or your making available thereof to other users of the App, and/or the actual use of Your Content by other users of the App with these Terms of Use and the parameters set by you with respect to the distribution and sharing of Your Content;

 

Changes to This Terms and Conditions

 

We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page. These changes are effective immediately after they are posted on this page.

 

Contact Us

 

If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact contact@unstaticapps.com