Effective date: MARCH 5TH 2020
This website, the mobile application and other services offered through it, the “Tell Service”, provides a personalized subscription service that allows our members to read, record and share amazing audio-visual stories (“Stories”) with each other, including their kids (“Children”). Sharing can be done directly, from member to member, via private or public groups (“Circles”) or by public links (“Public Links”).
The stories are streamed over the Internet to certain Internet-connected computers, mobile devices, tablets, connected TVs, smart speakers and other devices ("Tell ready devices").
Tell is intended to be used by family members and friends, including parents/guardians who may register on the site, and as a result become “Users”. Users may set up sub-accounts for their Children, which allows the Children to access, and the User to track Children’s use of, parts of the Tell Service.
Accounts may only be established by Users, and not by Children themselves; Children must have Users’ permission to use the Tell Service.
This Tell User Agreement (the “Agreement”) is a legal document which sets out your rights and obligations, and those of Tell Technologies, Ltd., incorporated and registered in England and Wales as a company limited by guarantee with Company Number 11973991 (“TELL”, “Tell Technologies Ltd.”, “we” or “us) and in relation to the Tell Service.
You must take the time to read and understand this Agreement before registering for the Tell Service. By registering, you accept that you are entering into a contract with us on the terms of this Agreement. Visitors to the Tell Service who do not register to become a User similarly affirm that they are bound by this Agreement each time they access the Tell Service. Some of the points addressed in this Agreement will have relevance only if and when certain functionality, such as the ability for Users or Children to interact with each other through the Tell Service, is introduced by us. However, it is important that we make you aware of those points at the time you enter into this Agreement with us.
You should be aware that this Agreement may change from time to time in accordance with “Changes to this agreement” Clause below.
When you register to become a User, we ask you to provide some information about yourself. You must be honest about this information. Alternatively, you may also sign into the Service through your Facebook or Google account. If you do so, we will have access to information on your account such as your email address, profile picture and other information if you grant us permission.
You must not choose a username that could potentially infringe anyone’s rights, which is intended to confuse, or which is offensive, hurtful or otherwise inappropriate, as reasonably determined by us. We may change a username if we think it offends this Agreement.
By creating an account, you agree that:
Adult users may set up sub-accounts for their Children (Minors or Children under the Age of 13) with a name and a date of birth. We are sensitive to the privacy and child protection issues that arise from being provided with information that uniquely identifies an individual child: we do not wish to be put in a position whereby we hold that kind of information. Therefore, we strongly recommend that Users identify Children’ accounts by aliases or names that are anonymous or incomplete. Do not use children’s full names. Note that we do not request or hold email addresses for Children sub-accounts – only for Users.
You may change your Story privacy settings on the Services to make your Story and any associated Story Content (as defined in the “Original Story Content” Section of this agreement) more private as follows:
NOTE: Even if you change your Story privacy settings through your account to Tell Registered Users or Private, your Story Content may still be retained by Tell and accessed by Tell and its partners, funders and sponsors, licensees and researchers for research purposes and any other purpose. If you do not wish your content to be made available to Tell’ third party partners, please contact us at email@example.com. Notwithstanding the foregoing, Tell will always have access to the content on your account and may use such content for internal business purposes and to maintain and provide the Services to you. Note also that irrespective of the Story privacy settings you select, your account username and photograph will always be public and viewable by anyone, unless you delete your account.
Additionally, you will not:
Any and all content, including any communications, images, sounds and all materials or information, that you submit (e.g. by uploading or transmitting) through the App (collectively, “User Content”) is and will remain your property from the moment of creation.
You are solely responsible for your own User Content and the consequences of uploading, submitting, distributing and publishing your User Content on the Services. We do not claim ownership of any User Content.
You represent and warrant that (i) you exclusively own or have the necessary licenses, rights, consents and permissions to publish any User Content you submit and (ii) your User Content does not and will not infringe any patent, trademark, trade secret, copyright, moral right, right of publicity, right of privacy, or other right of any other person or entity or violates any law or contractual duty.
You will remain the owner of the User Content but, by submitting and uploading User Content to the Services, you grant Tell a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid up, transferable license (with the right to sublicense) to host, store, use, display, reproduce, create derivative works of, modify, adapt, edit, publish, and distribute your User Content in connection with the Services and Tell’ (and its affiliates’ and partners’ and their respective successors) business, including for promoting, marketing and redistributing part or all of the User Content in any media now known or hereafter invented for all purposes permitted by law.
If your account contains Original Story Content, your ability to modify such Original Story Content may be limited. If you wish to make any changes to the Original Story Content, please contact Tell at firstname.lastname@example.org.
If you have Original Story Content on your account and upload any additional Stories, photographs or other content on your account through the App, such additional Stories, photographs and other content will be User Content and subject to the terms and conditions applicable to User Content hereunder.
These Terms and Conditions apply to all Stories available from the www.tellapp.com website and Tell apps (‘Stories’).
By clicking the acceptance button or viewing the Story, you agree to these Terms and Conditions. If you do not agree to all of these Terms and Conditions, you must select the button indicating non-acceptance, and must not download the Story.
We grant you a limited licence (‘Licence’) to view a single copy of the Story, subject to these terms and conditions:
We offer Tell Circles on the Site for users to create a space to share stories and engage in conversations with family, friends, children, neighbours, groups and colleagues. If you have any questions, please reach out to us at email@example.com.
Any Tell User can create a Circle. If you are creating a Tell Circle behalf of an Entity, you are representing that you have express authorization from such Entity to create the Circle. When you create a Tell Circle, you are the owner of such Tell Circle. You can also designate other members of your Tell Circle as owners or moderators, sharing administrative control of your Tell Circle as you wish. You may make such designations through your Tell Circle account profile using your administrative login and password.
Only members of a Tell Circle may submit Stories to the Tell Circle. Tell Circle owners may be provided with the option to moderate both membership and Story submissions. Membership moderation means that the Tell Circle owner(s) can control whether anyone can instantly join such Tell Circle or whether they must ask to join and be approved by the owner(s) or another moderator. If you choose to moderate Story submissions, then any Story submitted to be included in your Tell Circle must first be approved by you, another owner or a designated moderator before appearing on your Tell Circle page.
The Tell Service lets each user control who has access to his/her Stories, meaning that some Stories in our archive aren’t visible to all visitors of the website and app. Private Stories are generally only visible to a Story’s owner, to someone who has a secret link to the Story, or to members of a Private Tell Circle to which the Story has been added.
If a Story becomes part of your Public Tell Circle, and the Story owner later chooses to make the Story private, then it will simply no longer appear in your Tell Circle. Public and private Stories can appear in a Private Tell Circles, but only public Stories will appear in a Public Tell Circle.
If a Circle owner creates a Private Tell Circle, the Circle owner cannot later change the Tell Circle settings to be Public. Private Stories can only be part of a Private Tell Circle.
When you create a Tell Circle that requires payments of fees, Tell’s third-party payment service provider will collect your credit card details and charge your credit card account in connection with the Tell Circle tier you select. Tell does not view or store your credit card information. To learn more about our credit card processing vendors and their respective privacy and other policies which apply when you make a payment through their services, please review the policies on their sites.
If you display your Circle’s logo and branding on your Tell Circle page or profile, you hereby grant to Tell a limited, non-exclusive, royalty-free license to use and display your Circle’s name, logo, branding and other distinctive symbols you elect to be included in your Tell Circle page in connection with the development, promotion and display of your Tell Circle page in accordance with your privacy setting.
You acknowledge that except for any User Content, any and all other software (including source code), logos, icons, the Site’s and the App’s “look and feel,” text, graphics, images, video clips, sound clips, content, notices, data, page layout, selection and arrangement of the content, copyrights, patents, trade secrets, trademarks and other intellectual property rights therein is owned solely and exclusively by Tell and/or its licensors and are protected by the United Kingdom and international copyright, trade secret or other intellectual property laws and treaties.
You may not copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms of Service. Additionally, you may not use the Services, any tools provided by the Services, or any content on the Services for any commercial purposes without our consent.
The Tell name and logo and all related names, logos, product and service names, designs and slogans are trademarks of Tell, its affiliates or its licensors. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Tell. You may not use, copy or imitate any such branding, logos, designs, without the express prior permission of Tell.
TELL reserves the right to withdraw or modify aspects of the Tell Service, or the entirety of it, where we have legal or commercial reasons to do so. There may also be times when the Tell Service becomes inaccessible as a result of technical difficulties experienced by TELL or on the Internet; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control. There may be times when we make the Tell Service unavailable so that we can conduct technical work on it. Therefore, please note that we cannot guarantee that the Tell Service will always be available at times of your choosing.
We are not and cannot be responsible for the behaviour of Users - whether on the Tell Service or outside of it. In particular, you should be aware that TELL does not pre-screen or monitor the material contributed by Users.
You can report all inappropriate communication or behaviour to us at firstname.lastname@example.org.
If you see anything on the Tell Service which appears to infringe this Agreement, then please contact us to inform us of it by emailing us at email@example.com. We rely upon Users to point out material contributed by other Users which may infringe this Agreement.
TELL has no control over or responsibility for the truth or accuracy of any material available on the Tell Service that is provided by Users or others. If any third party sites are linked to from the Tell Service, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it. You should exercise no lesser degree of caution in appraising what you see on the Tell Service than you do offline.
Even though Users are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not necessarily be who they say they are.
To the extent that the law permits, you release TELL its directors, contractors and employees from all liability (including in relation to disputes with other Users) arising out of your use of a third party site or arising out of or in connection with the material included on the Tell Service by Users and other third parties.
We will not be liable to you or any third party for any loss not reasonably foreseeable by us when this Agreement commences, for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). TELL will also not be liable for any failure to perform of its obligations under this Agreement caused by matters beyond its reasonable control.
Nothing in this Agreement limits our liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.
You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or through a machine on which you access the Tell Service.
TELL reserves the right to change this Agreement from time to time, and post the new version on the Tell Service. This Agreement, and any new version of it in the future, takes effect immediately or upon such date as we specify on the Tell Service. However, if you do not wish to be bound by the changes we make in this Agreement (or any new version of it), then you can choose instead to remain bound by the previous TELL Terms and Conditions until one month after the date when we post the new version.
In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.
This Agreement shall be governed by and construed in accordance with the laws of England and Wales.
We don't separately file the individual Agreements entered into by members when they register for the Tell Service. You can access it on the Tell Service. Please make a durable copy of this Agreement by printing and/or saving a downloaded copy on your own computer.
You can contact us by post at TELL, 103, Westbourne Park Villas, London, W2 5ED, UK. Please make sure you include your full name and email address with all correspondence.
Please note that we do not endorse any Story Content submitted to the Services by any user or other licensor or any other Stories displayed on the App, or any opinion, recommendation or advice expressed therein, and we expressly disclaim any and all liability in connection with all such Stories and content.
Tell reserves the right to limit the availability of the Services or any portion of the Services to any person, geographic area or jurisdiction, at any time and in Tell’s sole discretion, and to limit the quantities of any content, program, product, service or other feature that Tell provides.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
We always love to hear from our users and encourage you to contact us with any suggestions or feedback, which we may use to improve our Services. But if you do volunteer suggestions or feedback, keep in mind that we can use your ideas without compensating you.
The section headings used herein are for reference only and shall not be read to have any legal effect.