Last Updated: 22.10.2020
Welcome to the AVA Stories Inc. (“AVA Stories“) website located at www.avastories.com/ (the “Site“). Please read these Terms of Service (the “Terms“) and our Privacy Policy (“Privacy Policy“) carefully because they govern your use of our Site and our audio content services accessible via our Site and our mobile device application (“App“). To make these Terms easier to read, the Site, our services and App are collectively called the “Services.”
1. Agreement to Terms.
By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.
2. Privacy Policy.
Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. Your use of the Services is subject to our Privacy Policy.
3. Changes to Terms or Services.
We may update the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the updated Terms on the Site and/or App or through other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and (except if prohibited by law) without notice, at our sole discretion.
4. Who May Use the Services?
(a) Eligibility.
You may use the Services only if you are 18 years or older and are capable of forming a binding contract with AVA Stories and are not barred from using the Services under applicable law.
(b) Registration and Your Information.
If you want to use certain features of the Services you’ll have to create an account (“Account“). You can do this via the Site or App.
(c) Accuracy of Account Information.
It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to- date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
5. Feedback.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback“). You can submit Feedback by emailing us at hello@avastories.com. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
6. Subscription.
We may let you listen to some of Content for free when you sign up for an Account. To access more of our Content and certain features of our Services, you must purchase a subscription (“Subscription“). You can find additional information about pricing for our Subscriptions in the Apple App Store in your Account Settings (if you subscribed via the Apple App), in the Google Play Store (if you subscribed via Google Play Store App) or on our Site (if you subscribed via the Site).
(a) General.
When you purchase a Subscription (a “Transaction“), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information“). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, and click on the Purchase button, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).
(b) Subscriptions.
You may purchase a Subscription with an annual or monthly renewal period, and you may select this at the point you make your Subscription. If you purchase a Subscription, you will be charged the annual or monthly Subscription fee, which will be inclusive of all applicable taxes, and other charges (“Subscription Fee“), at the beginning of your Subscription and each applicable yearly or monthly renewal period thereafter, at the then-current Subscription Fee. Please note that your Subscription will automatically renew, until it is cancelled. If you purchase an annual Subscription, we (or our third-party payment processor) will automatically charge you each year on the anniversary of the commencement of your Subscription, using the Payment Information you have provided until you cancel your Subscription. If you purchase a monthly Subscription, we (or our third-party payment processor) will automatically charge you each month on the calendar day corresponding to the commencement of your Subscription, using the Payment Information you have provided until you cancel your Subscription. In the event your Subscription began on a day not contained in a given month, your payment method will be charged on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Subscription on January 31st, your next payment date is likely to be February 28th, and your payment method would be billed on that date. If you have an annual Subscription, AVA Stories will send you a reminder at least fourteen (14) days prior to each renewal with the then-current Subscription Fee. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or AVA Stories. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or Subscription in accordance with these Terms.
(c) Changing Your Subscription.
You may change your Subscription from annual to monthly, or vice versa, by following the instructions on our Site (if you purchased your Subscription via the Site) or the App (if you purchased via the App). If you make such a change, your payment date may also change. If you change from a Monthly Subscription to an Annual Subscription, on your next payment date, you will be charged the then-current Subscription Fee for an Annual Membership, and your Annual Subscription will renew on an annual basis. If you change from an Annual Subscription to a Monthly Subscription, at the next renewal date for your Annual Subscription, you will be charged the then-current Subscription Fee for a Monthly Membership, and your Monthly Subscription will renew on a Monthly basis.
(d) Access to Content.
Upon completion of the Transaction you will receive an email confirmation from us and immediately be able to access the Content. Where you access the Content you will have no right to repayment of any Subscription Fees and you acknowledge and agree that you waive any right to a refund of such Subscription Fees.
(e) Cancelling Your Subscription.
YOUR PURCHASE IS FINAL AND YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. But if something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we will refund any payment you have already remitted to us for such Transaction. Without limiting the foregoing, you may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Subscription period. To cancel, you can follow the instructions on our Site if you signed up via the Site, or the instructions in the applicable App Store if you signed up via our App. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the Services will continue until the end of your then current subscription period and will then terminate without further charges.
7. Content Ownership.
For purposes of these Terms, “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services. Subject to your compliance with these Terms, AVA Stories grants to you a limited, nonexclusive, non- transferable license, with no right to sublicense, to view and listen to the Content solely in connection with your permitted use of the Services and solely for your personal and non- commercial purposes.
8. Rights and Terms for Apps.
(a) Rights in App Granted by AVA Stories.
Subject to your compliance with these Terms, AVA Stories grants to you a limited non- exclusive, non-transferable license, with no right to sublicense, to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, translate, modify or create derivative works based on the App; (ii) distribute, transfer, communicate, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. AVA Stories reserves all rights in and to the App not expressly granted to you under these Terms.
(b) Accessing App from App Store.
The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider“). You acknowledge and agree that:
- These Terms are concluded between you and AVA Stories, and not with the App Provider, and AVA Stories (not the App Provider), is solely responsible for the App.
- The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of AVA Stories.
- The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
- In the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, AVA Stories will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
- The App Provider, and its subsidiaries, are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
- You represent and warrant that (i) you are not located in a country that is subject to the United Nations, the European Union, a European Union member or the U.S. Government embargo, or that has been designated by the United Nations, the European Union, a European Union member or the U.S. Government as a terrorist- supporting country; and (ii) you are not listed on the United Nations, the European Union, a European Union member or the U.S. Government lists of prohibited or restricted parties.
- You must also comply with all applicable third-party terms of service when using the App.
9. General Prohibitions and AVA Stories’s Enforcement Rights.
You agree not to do any of the following:
(a)
Submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
(b)
Use, display, mirror or frame the Services or any individual element within the Services, AVA Stories’s name, any AVA Stories trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without AVA Stories’s express written consent;
(c)
Access, tamper with, or use non-public areas of the Services, AVA Stories’s computer systems, or the technical delivery systems of AVA Stories’s providers;
(d)
Attempt to probe, scan or test the vulnerability of any AVA Stories system or network or breach any security or authentication measures;
(e)
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by AVA Stories or any of AVA Stories’s providers or any other third party (including another user) to protect the Services or Content;
(f)
Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by AVA Stories or other generally available third-party web browsers;
(g)
Use any meta tags or other hidden text or metadata utilizing a AVA Stories trademark, logo URL or product name without AVA Stories’s express written consent;
(h)
Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
(i)
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
(j)
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
(k)
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
(l)
Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
(m)
Impersonate or misrepresent your affiliation with any person or entity;
(n)
Violate any applicable law or regulation; or
(o)
Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
10. Links to Third Party Websites or Resources.
The Services (including the App) may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
11. Termination.
To the extent permitted by applicable law, we may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. Where we terminate the Services other than as a result of your breach of these Terms, we will give you a pro rata refund of any portion of unused Subscription Fees. You may cancel your Account at any time by sending an email to us at hello@avastories.com or through your Account Settings Page in the Apple App Store, or through your Subscriptions page in the Google Play Store. Upon any termination, discontinuation or cancellation of the Services or your Account, the following Sections will survive: 5, 7, 12, and 14-17.
12. Warranty Disclaimers.
The laws of some jurisdictions do not permit the exclusion of implied or legal warranties, so some of the following disclaimers may not apply to you. TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. To the extent permitted by law, we make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
13. Indemnity.
You will indemnify and hold harmless AVA Stories and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content or (ii) your violation of these Terms.
14. Limitation of Liability.
The laws of some jurisdictions do not permit certain limitations or exclusions of liability, so some of the following limitations may not apply to you. TO THE EXTENT PERMITTED BY APPLICABLE LAW:
(a)
NEITHER AVA STORIES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AVA STORIES OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
(b)
IN NO EVENT WILL AVA STORIES’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO AVA STORIES FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED EURO (EUR 100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO AVA STORIES, AS APPLICABLE.
(c)
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AVA STORIES AND YOU.
(d)
Notwithstanding anything to the contrary set out in clause 14(a)-(c) above, nothing in these Terms shall limit or exclude our liability to you for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation; or
- any other liability that, by law, cannot be limited or excluded.
15. General Terms.
(a) Entire Agreement.
These Terms constitute the entire and exclusive understanding and agreement between AVA Stories and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between AVA Stories and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without AVA Stories’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. AVA Stories may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
(b) Notices.
Any notices or other communications provided by AVA Stories under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
(c) Waiver of Rights.
AVA Stories’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of AVA Stories. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
16. Contact Information.
If you have any questions about these Terms or the Services, please contact AVA Stories at hello@avastories.com.
