Application of this Acceptable Use Policy
This Acceptable Use Policy applies to end-users’ (“you” or “your”) use of Folktale’s engagement and mobile storytelling software-as-a-service platform (“the Folktale Platform”).
This Policy applies upon you first using or accessing the Folktale Platform.
Your violation of any prohibition in this Acceptable Use Policy will be considered a material breach of the Folktale End-User Licence Agreement (“EULA”).
Without limiting Folktale’s (“us” “we” or “our”) rights under the EULA, we may suspend or terminate your access to the Folktale Platform if we reasonably believe that you have violated this Acceptable Use Policy.
Definitions
In addition to the definitions above, the following defined terms apply this Policy:
“Intellectual Property” means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world.
“Laws” means all applicable local, state, federal and international laws, regulations and conventions, including those related to data privacy and data transfer, international communications and the exportation of technical or personal data.
“Personal Information” means personal information or personal data as defined in the privacy or data protection legislation applicable to an end user of The Folktale Platform or other relevant individual whose information collected, stored, used or transferred in the course of use or associated with use of the Folktale Platform and, without limitation, means “personal data” as defined in the EU General Data Protection Regulation (GDPR) in relation to individuals residing in the EEA and “personal information” as defined in the Privacy Act 1988 (Cth) in relation to individuals residing in Australia.
“Sensitive Personal Information” means any: (i) special categories of personal data enumerated in Article 9(1) of the GDPR; (ii) patient, medical or other protected health information regulated by the US HIPAA or similar legislation in other territories; (iii) credit, debit or other payment card data subject to PCI DSS; (iv) other personal information subject to regulation or protection under specific laws such as the US Gramm-Leach-Bliley Act or similar legislation in other territories (or related rules or regulations); (v) social security numbers, driver’s licence numbers or other government identification numbers; or (vi) any data similar to the foregoing that is protected under foreign or domestic laws or regulations.
Prohibited Activities:
(a) You may not, and you may not allow any third-party, to use the Folktale Platform to display, store, process or transmit, or permit use of Folktale Platform to display, store, process or transmit:
material that infringes or misappropriates a third party's Intellectual Property rights;
hate-related or violent material;
material advocating discrimination against individuals or groups;
obscene or otherwise objectionable material;
material related to illegal drugs or paraphernalia;
Sensitive Personal Information;
malicious code, such as viruses, worms, time bombs, Trojan horses and other harmful files, scripts, agents or programs;
material advocating or advancing criminal hacking or phishing; or
material that violates, encourages or furthers conduct that would violate any applicable Laws.
(b) You may not, and you may not allow any third-party, to use the Folktale Platform to:
data mine or harvest any web property to find email addresses or other user account information;
send unauthorised mail via open, third-party servers;
sell to, exchange with, share with or distribute to a third party any Personal Information;
send, upload, distribute or disseminate, or offer to do the same, with respect to unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, excessively profane, hateful, violent, or otherwise objectionable material, or promote, support or facilitate unlawful, hateful, discriminatory, or violent causes;
distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
generate or facilitate unsolicited commercial email (spam) or generate or facilitate SMS, MMS, or other text messages or push notifications in violation of applicable anti- spam, telemarketing or telephone consumer protection laws or regulations;
in a manner that violates any applicable industry standards, Folktale’s Privacy Policy, Website Terms of Use or other applicable Folktale or third party policies;
transmit material that may be harmful to minors;
illegally transmit another's Intellectual Property without such owner's or licensor's permission;
impersonate another person, entity or Folktale or otherwise misrepresent themselves or the source of any communication;
violate the privacy rights of others;
promote, facilitate or encourage illegal activity;
interfere with other subscribers or end users' use of the Folktale Platform; or
use the Folktale Platform in any manner that would damage the reputation of Folktale.
(c) Specifically in relation to the Folktale Platform, without limiting anything in (a) or (b) above, you may not:
reproduce, modify, adapt or create derivative works of the Folktale Platform;
rent, lease, distribute, sell, sub-license, transfer or provide access to the Folktale Platform to a third party;
use the Folktale Platform for the benefit of any third party;
incorporate the Folktale Platform (or any part of it) into a product or service you provide to a third party;
interfere with or otherwise circumvent mechanisms in the Folktale Platform intended to limit your use;
reverse engineer, disassemble, decompile, translate or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats or non-public application programming interfaces (APIs) to the Folktale Platform, except to the extent expressly permitted by applicable law (and then only upon advance notice to us);
remove or obscure any proprietary or other notices contained in the Folktale Platform;
use the Folktale Platform with the purpose of competing with Folktale or in such a way that has the effect of competing with Folktale, including for competitive analysis or to build competitive products;
publicly disseminate information regarding the performance of the Folktale Platform;
authorise or display any form of advertising that uses Account Data; or
encourage or assist any third party to do any of the foregoing.
Intellectual Property
It is Folktale’s policy to respond expeditiously to valid notices of claimed Intellectual Property infringement. Folktale reserves its rights to remove allegedly infringing material or terminate the access rights of subscribers or end users who Folktale suspects to be repeatedly or blatantly infringing Intellectual Property rights.
Amendments to this Acceptable Use Policy
We may modify this Acceptable Use Policy by posting the modified Acceptable Use Policy on our website and the amendments will take effect from the date of such publication, unless otherwise specified.
Last updated: [November 2021]