This End-User License Agreement (referred to as the "EULA") is a legally binding agreement between you, the Licensee, an individual customer or entity, and the Onanoff Europe BV., the company, and the author of STORYPHONES website & companion app by Onanoff Europe BV., the Software, which may include associated media, printed materials, and online or electronic documentation. This Agreement is a legally binding contract that includes terms that limit your legal rights and Licensors' liability to you, and shall govern all access to and use of this Software. You hereby agree, without limitation or alteration, to all the terms and conditions contained herein.
By installing, copying, or otherwise using the Licensed Product (Software), the Licensee agrees to be bound by the terms and conditions outlined in this EULA. However, if the Licensee does not agree to the terms and conditions outlined in this EULA, the said Licensee may not download, install, or use Software.
We use your Personal Information only for providing and improving the Site and the Services. By using the Site and/or the Services, you agree to the collection and use of information in accordance with this policy.
Onanoff Europe BV,Tinjmuiden 59, Amsterdam,Nordholland,1046AK,Netherlands ("us", "we", or "our") operates https://www.storyphones.com (the "Site") and the StoryPhones companion app (the “Services”or “Software”). Onanoff Europe BV., is committed to protecting your privacy. This page informs you of our policies regarding the collection, use and disclosure of Personal Information we receive from users of the Site and the Services.
Subject to the terms of this EULA, the Onanoff Europe BV., hereby grants to the Licensee, a royalty-free, revocable, non-exclusive and non-transferable license to use the application as permitted under the term of the EULA to possess and to use a copy of the Software. The Software is being distributed by Onanoff Europe BV., Licensee is not allowed to make a charge for distributing this Software, nor permitted to lend, sell, redistribute, sublicense, lease or rent the application to other parties either for profit or merely to recover media and distribution costs.
By submitting Personal Data through our Site or Services, you agree to the terms of this Privacy Policy and you expressly consent to the collection, use and disclosure of your Personal Data in accordance with this Privacy Policy. (A Note to Users Outside of the United States. If you are located outside of the United States, you acknowledge and agree that your Personal Data may be processed for the purposes identified in the Privacy Policy.
In addition, your Personal Data may be processed in the country in which it was collected and/or transferred and processed in other countries, including the United States, where laws regarding the processing of Personal Data may be less stringent than the laws in your country. By providing your data, you consent to such transfer and processing. However, whenever we transfer your Personal Data, we will take all steps reasonably necessary to ensure that such data is treated securely and in accordance with this Privacy Policy).
Therefore, all rights, titles, interests, and copyrights in and/or to the Software, including but not limited to all images, graphics, animations, audio, video, music, text, data, code, algorithm, and information, are owned by the Licensor. Accordingly, the Software is protected by all applicable copyright laws and international treaties, and the Licensee is expected to use the Software concerning all intellectual property contained therein, except as otherwise provided for in this EULA.
You hereby unconditionally agree that all rights, titles and interests in the copyrights and other intellectual property rights in the Licensed Product reside with the Licensors. The trademarks, logos, designs, and service marks appearing on the Licensed Product are registered and unregistered marks of the Licensor. Accordingly, nothing in this EULA or the Licensed Product grants you any right to use any form of intellectual property contained in the Licensed Product.
While using our Site or Services, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally, identifiable information may include but is not limited to your first and last name, email, password, shipping and billing address. ("Personal Information")
With your consent, we may send and/or provide through the Services, promotional communications. You may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us at info@onanoff.com Despite your indicated e-mail preferences, we may send you service-related communications, including notices of any updates to our Terms of Use or Privacy Policy.
Like many site operators, we collect information that your browser sends whenever you visit our Site ("Log Data") and Services. This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, Internet Service Provider, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages and other statistics. We use this information to analyse trends, administer the Site and Services, track users’ movements around the Site and Services, gather demographic information about our user base as a whole, and better tailor our Services to our users’ needs. For example, some of the information may be collected so that when you visit the Site and Services again, it will recognise you and the information could then be used to serve information appropriate to your interests.
In addition, we may use third party services such as Google Analytics that collect, monitor and analyse this data. You may prevent your data from being collected and used by Google Analytics by opting out through the use of the Google Analytics Opt-out Browser Add-on available at https://tools.google.com/dlpage/gaoptout/.
Like many sites, we use "cookies" to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site.
Cookies are files with a small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your computer's hard drive.
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
This Privacy Policy is effective as of 01/01/2017 and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page.
We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically. Your continued use of the Site and Services after we post any modifications to the Privacy Policy on this page will constitute your acknowledgement of the modifications and your consent to abide and be bound by the modified Privacy Policy. If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us or by placing a prominent notice on our website.
If you have any questions about this Privacy Policy, please contact us: Onanoff Europe BV., info@onanoff.com
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the https://www.storyphones.com website or StoryPhones companion mobile app (the "Services") operated by Onanoff Europe BV., ("us", "we", or "our"). Your access to and use of the Site and Services is conditioned on your acceptance of and compliance with these Terms.
These Terms apply to all visitors, users and others who access or use the Site or Services. By accessing or using the Site and Services you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Site or Services. Your continued use of the Site and Services will be deemed to be your agreement to be bound by these Terms.
We may require you to update your information if we believe your account is no longer secure. We may refuse registration, cancel an account or deny access to the Site or Services for any reason.
You are solely responsible for protecting the security and confidentiality of your information. You are solely responsible for any and all access to, and activities performed on our Site and Services including but not limited to, all transmissions with your personal information, or any other breach or threatened breach of the site's security of which you become aware. We will not be liable for any harm related to the disclosure of your information or the use by anyone else of your personal information. You are solely responsible for protecting the security and confidentiality of your username and password. You are solely responsible for any and all access to, and activities performed on our Site and Services including but not limited to, all transmissions with your username and password, or any other breach or threatened breach of the site's security of which you become aware. We will not be liable for any harm related to the disclosure of your username or password or the use by anyone else of your username or password. You may not use another user's account without that user's permission. You may not use false or misleading contact information, pretend to be someone other than yourself, or otherwise mislead Onanoff Europe BV., or our providers.
We may terminate or suspend access to our Site and Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
In the event of termination, all licenses provided under this EULA shall immediately terminate, and you agree to discontinue accessing or attempting to access this Licensed product.
Accordingly, this EULA may be:
Either ONANOFF LTD or the Licensee may terminate this EULA immediately upon written notice to the other party, including but not limited to electronic mail.
The Licensee has the option to permanently transfer all rights under this Agreement, provided the recipient agrees to the terms of this EULA. Accordingly, this EULA is not assignable or transferable by the Licensee without the prior written consent of ONANOFF LTD; and any attempt to do so shall be void.
Our Site and Services may contain links to third party websites or services that are not owned or controlled by Onanoff Europe BV., has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Onanoff Europe BV. , shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.
All text, graphics, user interfaces, interface design and layout, visual interfaces, designs, photographs, trademarks, logos, written content, images, illustrations, sound or video clips, software code, widgets and animation are found on the Site and Services (collectively, “Content”), including but not limited to the structure, selection, coordination, expression and arrangement of such Content, is owned, controlled or licensed by or to Onanoff Europe BV. , and except as expressly provided in these Terms, no part of the Site and Services and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other media for publication or distribution or for any commercial enterprise, without the express prior written consent of Onanoff Europe BV., may change the Content and features of the Site and Services at any time.
Subject to these Terms, Onanoff Europe BV., hereby grants you a revocable, non-transferable, non-exclusive, personal and limited license to use and view the Site and Services and its Contents only if, as a condition precedent, you agree that you will not:
We hereby disclaim any and all warranties and representations with regard to the Site, Services, and Content, including but not limited to, the warranties of title, merchantability, non-infringement of third parties rights, and fitness for a particular purpose, and any warranties arising from a course of dealing or usage of trade. The Site, Services, and Contents are provided “as is” and without any warranties of any kind. You agree that you use the Site, Services, and Content entirely at your own risk. Onanoff Europe BV., is not liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to or use of the Site, Services or Content. If you are dissatisfied with the Site, Services, or the Content, your sole remedy is to discontinue using the Site and Services. Without limiting the foregoing, we make no warranties of the following:
In no event shall Onanoff Europe BV., its affiliates, officers, directors, employees and agents, or any third-party involved in the creation and maintenance of the Site, Services and its Content, be liable for any damages (including without limitation, direct, incidental, special, consequential, indirect, or punitive damages, or damages resulting from lost profits, lost data or business interruption) arising out of your access to, use, or inability to access or use the Site or Services, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages, including damages to, or viruses that may infect, your computer equipment on account of your access to or use of the Site and Services. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for direct, incidental or consequential damages, so the above limitations may not apply to you. In such jurisdictions, our liability shall be limited to the lesser of one hundred dollars or the lowest amount permitted by applicable law.
As noted above, we reserve the right to terminate your access or suspend any user’s access to all or part of the Site and Services without notice or recourse, for any conduct that Onanoff believes is in violation of any applicable law or of these Terms, or that Onanoff believes to be harmful to the interests of another user, a service provider, Onanoff Europe BV., or its affiliates.
You will indemnify, defend and hold Onanoff Europe BV., or its affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach by you of this Agreement, including any use of the Site and Services other than as expressly authorized in this Agreement. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify, defend and hold the Indemnified Parties harmless for any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney's fees in connection therewith. You will also indemnify, defend and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from the Site and Services. This paragraph shall survive the termination of this Agreement.
These Terms shall be governed and constructed in accordance with the laws of the United Kingdom, European Union Member States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Site and Services, and supersede and replace any prior agreements we might have between us regarding the Site and Services.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is a material we will try to provide at least 30 days’ notice prior to any new terms taking effect. You should check the Onanoff Terms of Use webpage periodically to confirm whether these Terms have been updated. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Site and Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Site and Services. If you have any questions about these Terms, please contact us.
You acknowledge that you have received, read in full, and agree with the terms of our Privacy Policy. If you have any questions or comments about this these Terms, please contact us at info@onanoff.com.