1. Introduction


Thank you for visiting a PictoryTale AS website. These Terms of Use are to be read in conjunction with the End User License Agreement (“EULA”), Privacy Policy including a GDPR policy and regulate how you can explore the PictoryTale universe. (“The Service”)


Our Service

The PictoryTale platform is designed to allow you to create new worlds using Augmented Reality content. We are creating a world where Mixed or Immersive Reality and Content combine and people from around the world can discover, watch, and share videos and other Augmented Reality content. We also provide a safety first forum for people to connect, inform, and inspire others across the globe with the exciting potential of Augmented Reality 3D content. PictoryTale’s Augmented Reality platform (“Platform”) can be accessed through our app, SnicSnac.


Your Service Provider

The entity providing the Service is PictoryTale AS a company operating under the laws of Norway, with principal offices at Markens gate 8, 4611 Kristiansand S Norway (company registration no. and tax number: 918 779 205 (referred to as “PictoryTale”, “we”, “us”, or “our”). 


Applicable Terms

Your use of the Service is subject to these terms, including our End User Licence Agreement (‘EULA’), the Privacy Policy, and GDPR statement.  PictoryTale also abides by the conditions of the Children's Online Privacy Protection Act of 1998 (COPPA), a United States federal law, located at 15 U.S.C. §§ 6501–6506 in order to create a safe and friendly space for children to create. We reserve the right to create other and additional policies from time to time now and into the future including Community guidelines, Copyright and Intellectual Property Policies and Advertising Guidelines. Any other links or references provided in these terms are for informational use only and not part of this agreement.  Please read these terms and conditions carefully. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Service.



2. Who may use the Service?


Age Requirements 

You must be at least 13 years old to be a registered user of the Service, however, children of all ages may use the Service if enabled by a Parent or Guardian.


Permission by Parent or Guardian

If you are considered a minor in your country, you represent that you have your parent or guardian’s permission to use the Service. Please have them read this Agreement with you.


If you are a parent or legal guardian of a minor in your country, by allowing your child to use the Service, you are subject to the Terms of Uset and are responsible for your child’s activity on the Service. If you are in doubt of our terms and conditions, end user license agreement or have learning or language barriers please email us at support@pictorytale.com and we will assist you further.


Businesses

If you are using the Service on behalf of a company or organisation, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.



3. Your Use of the Service


Content on the Service

The content on the Service includes but is not limited to screenshots, jpegs, photographs, 2D Video, .mp3s, video, streaming video, augmented reality (AR) content, chroma key alpha channel, 3D volumetric video, 3D objects and digital assets, 3D volumetric objects and 3D scanned objects that PictoryTale AS owns and/or holds the license to videos, audio (for example music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials whether provided by you, PictoryTale or a third-party (collectively, "Content”).


Content is the responsibility of the person or entity that provides it to the Service. PictoryTale AS is under no obligation to host or serve Content. 


Your Information

This Privacy Policy explains how we treat your personal data and protect your privacy when you use the Service: https://www.pictorytale.com/privacy


Permissions and Restrictions

You may access and use the Service as made available to you, as long as you comply with this Agreement and applicable law. You may view or listen to Content for your personal, non-commercial use.


The following restrictions apply to your use of the Service. You are not allowed to:

  1. access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as expressly authorized by the Service; or (b) with prior written permission from PictoryTale and, if applicable, the respective rights holders; unless as part of a Marketplace Agreement;
  2. circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of Content or (b) limit the use of the Service or Content;
  3. access the Service using any automated means (such as robots, botnets or scrapers) except (a) in the case of public search engines, in accordance with PictoryTale’s robots.txt file; or (b) with PictoryTale’s prior written permission;
  4. collect or harvest any information that might identify a person (for example, usernames), unless permitted by that person or allowed under section (3) above;
  5. use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations;
  6. cause or encourage any inaccurate measurements of genuine user engagement with the Service, including by paying people or providing them with incentives to increase a video’s views, likes, or dislikes, or to increase a channel’s subscribers, or otherwise manipulate metrics in any manner;
  7. misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
  8. run contests on or through the Service;
  9. use the Service to view or listen to Content other than for personal, non-commercial use (for example, you may not publicly screen videos or stream music from the Service); or
  10. use the Service to (a) sell any advertising, sponsorships, or promotions placed on, around, or within the Service or Content, other than those allowed in the Commercial use policies on PictoryTale (such as compliant product placements); or (b) sell advertising, sponsorships, or promotions on any page of any website or application that only contains Content from the Service or where Content from the Service is the primary basis for such sales (for example, selling ads on a webpage where PictoryTale videos are the main draw for users visiting the webpage).


Reservation

Using the Service does not give you ownership of or rights to any aspect of the Service, including user names or any other Content posted by others or PictoryTale.


Changes to the Service

PictoryTale is constantly updating, changing and improving the Service. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, change functionality and features, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user.  Whenever reasonably possible, we will provide notice when we discontinue or make material changes to our Service that will have an adverse impact on the use of our Service. However, you understand and agree that there will be times when we make such changes without notice, such as where we feel we need to take action to improve the security and operability of our Service, prevent abuse, or comply with legal requirements. 



4. Your Content and Conduct


Uploading Content

You can record videos with Content in Camera+ and publish those videos in the Feed through SnicSnac. You can access Camera+ from the main menu. You need to be a registered user to be able to upload your video content in the Feed.


If you’re a Qualified Content Partner, you can publish your content in Geo+ at any GPS coordinate in the world through our web admin panel. Please contact us at support@pictorytale.com if you’d like to become a Qualified Content Partner.


If you’re a content creator or 3D model developer, you can upload your Content in Market+ by contacting us at support@pictorytale.com. Users can use the Content library in Market+ to select one or more Content and place at a location of their choice to experience Augmented Reality and create their own stories with Content through Camera+.


Certain specifications and limitations apply to Content that can be published or uploaded to the Service through each of the methods stated above.


License to PictoryTale

By providing Content to the Service, you grant to PictoryTale a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that PictoryTale Content  (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the Service and PictoryTale’s (and its successors’ and Affiliates’) business, including for the purpose of promoting and redistributing part or all of the Service.


License to Other Users

You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use that Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Service (such as modify, adapt, sell use or modify 3D objects or videos). For clarity, this license does not grant any rights or permissions for a user to make use of your Content independent of the Service.


Duration of License

The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your Content from the Service. You understand and agree, however, that PictoryTale may retain, but not display, distribute, or perform, server copies of your videos or Augmented Reality content and that it will be geo tagged within Geo+ through our web admin panel. PictoryTale reserves the right to have this content removed or deleted.


Removing Your Content

You must remove your Content if you no longer have the rights required by these terms.


If you see any Content you believe does not comply with this Agreement you may notify us by emailing report@pictorytale.com including notification of any reported violations and we will investigate this within 24 hours. 


Removal of Content By PictoryTale.  If we reasonably believe that any Content is in breach of this Agreement or may cause harm to PictoryTale, our users, or third parties, we may remove or take down that Content in our discretion. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for PictoryTale or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, PictoryTale or our Affiliates. 


Content may be reported to be removed from PictoryTale by emailing report@pictorytale.com  and can be requested to be removed on the discretion of PictoryTale.


Copyright Protection

We respond to notices of alleged copyright infringement according to a process where you can also find information about how to resolve a copyright strike. PictoryTale's policies provide for the termination, in appropriate circumstances, of repeat infringers’ access to the Service.



5. Account Suspension & Termination


Terminations by You

You may stop using the Service at any time. Follow these steps to delete the Service:


To remove a video in the Feed: Go the Feed through the Main Menu. Select at the top the tab that includes your videos. Scroll down to select the video you’d like to delete. Select delete to delete the video.


To delete your account: Go to the Profile through the Main Menu.  Select the Settings. Select Manage Profile. Select Delete account. If you delete your account, all videos you have posted in the Feed will be deleted.


To remove the Service: Uninstall the SnicSnac app.


To remove Content published in Geo+: If you’re a Qualified Content Partner, use web admin panel to delete any Content you’d like to remove. Any Content that is sold for a price to users cannot be removed until its expiration date, which is the end period identified when such Content was initially published. Removing such Content prematurely causes refunds to the users who previously purchased such Content and Qualified Content Partner will be liable for such refunds.


To remove Content from Market+: If you’re a content creator or 3D developer and you’ve published your Content in Market+, contact us at support@pictorytale.com to remove your Content.



6. Reproduction


Use of Software and Content: You must not copy or reproduce the Software and Content or any other element of the Platform by any means or in any form without PictoryTale's prior written consent, except to the extent strictly required for you to access and use the Platform.


7. Intellectual Property


You acknowledge that the Software has not been sold to you or the Licensee by PictoryTale, and accordingly, acknowledge and agree that the grant of the access right, and these Terms of Use, do not include any transfer of title or ownership to you or the Licensee of any rights in the Software, the Services, the Content (including any associated intellectual property rights, which include but are not limited to rights of copyright), 


As between you and PictoryTale, PictoryTale is the owner of all rights (including intellectual property rights) in any text, files, images, data, plans or other material, 3D objects, video, Chroma Key, or any other Augmented Reality content (“User Content”) which is generated by the Service you are using the Platform in connection with, or that you display, post, upload onto, publish or otherwise submit in your use of the Platform, and all User Content is deemed assigned by you to PictoryTale/its nominee.


You represent and warrant that the submission of the User Content through the Platform does not and will not infringe the rights, including without limitation, the intellectual property rights, of any person or other third party.


8. Prohibited Content


(a) Use of the Platform for unlawful, illegal or otherwise prohibited activities, including but not limited to distribution of viruses or Trojans, material which infringes the intellectual property rights of third parties, circulation of pornographic, defamatory, racist or otherwise objectionable material and collecting details of other Platform users by any means whatsoever for the purpose of sending unsolicited email or any other form of unauthorised solicitation, is prohibited.  You are solely responsible for all User Content which you submit on or through the Platform, including for ensuring that all User Content that you submit on or through the Platform, and any material or information that you transmit to other users, complies with all applicable data protection and privacy laws.


(b) Without limiting clause 8(a), the Company reserves the right to investigate and take any appropriate action (including removal of User Content, suspension or termination of Accounts and access to the Platform, or legal action, if necessary) against you if PictoryTale determines, in its sole discretion, that you have:


(i) submitted User Content which is illegal, offensive, prohibited or otherwise objectionable ("Prohibited Content”). Prohibited Content includes, but is not limited to, User Content that PictoryTale in its sole discretion determines:


(A) is offensive or promotes racism, bigotry, physical harm, harassment or discrimination of any kind against any person or group of people;


(B) is exploitative of people in a sexual or violent manner;


(C) contains nudity, excessive violence, or otherwise offensive subject matter;


(D) is pornographic in nature;


(E) is liable to pose or create a privacy or security risk to any person;


(F) contains material which is obscene, threatening, false, misleading or defamatory or promotes illegal activities or conduct;


(G) constitutes or promotes an infringement of the intellectual property rights or any other rights of another party, or is likely to; or


(H) contains the work of another person which has been submitted without that person's consent.



(ii) accessed or used the Platform for purposes which are unlawful, illegal or prohibited (“Prohibited Activities”).  Prohibited Activities include, but are not limited to, activities conducted by you in or via the Platform that PictoryTale in its sole discretion determines:


(A) are criminal or otherwise illegal in nature, including but not limited to fraud, harassment, spamming and infringement of intellectual property rights;


(B) are commercial advertising and soliciting activities;


(C) involve the use of viruses, bots, worms or any other material intended to interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorised use of, or access to, a computer or computer network;


(D) are automated uses of the Platform, other than those included as part of the Platform's functionality;


(E) involve impersonation of another user of the Platform or any other person or entity; or


(F) involve using the Platform in a manner that is contrary to these Terms of Use or inconsistent with any applicable laws and regulations.


(c) PictoryTale expressly reserves the right to take any action deemed necessary in respect of any Prohibited Content or Prohibited Activities or other illegal or unauthorised use of the Platform by any person, including removing Prohibited Content without notice, referring matters to appropriate authorities for further investigation (such as police) and appropriate legal action.


(d) For the avoidance of doubt PictoryTale reserves the right to reject, refuse to post/upload, or delete any User Content in its sole discretion, at any time (including after successful posting/uploading) for any reason, including if PictoryTale determines that User Content is contrary to these Terms of Use or considers that User Content is, or is potentially, offensive, illegal, infringes the rights of another party, bullies or harasses another person, or harms or threatens the safety of another party.


(e) User Interactions: You are solely responsible for your interactions with other persons via the Platform generally.  You acknowledge that PictoryTale has no obligation to monitor your interaction with other users of the Platform, and has no responsibility or other involvement in any dispute that may arise between you and another Platform user.



9. Cookies and Javascript 

You acknowledge and agree that PictoryTale may, from time to time, use Javascript and/or cookies in connection with the Platform, for purposes including but not limited to storing your Platform preferences, determining whether you have installed all required software, to authenticate sessions, to customise material that is made available to you, or to otherwise provide the Platform to you.  You acknowledge that if you set your computer to block all cookies, or do not have Javascript installed, you may restrict your access to certain features of the Platform.



10. Your Warranty

You warrant that you have authority to enter into any agreement with respect to use of the Platform and will comply with all applicable laws in connection with your use of the Platform, and that you have the ability to perform, and will perform, your obligations under these Terms of Use. If in doubt we ask you to contact us, or consult with a Parent or Guardian before signing up to the platform. 



11. Disclaimers

Pictorytale does not warrant that the Software, Services, Content or the Platform (or any part of it) will be error free, or that your use of the Software, Services, Content or the Platform will be uninterrupted, or that the Platform and Software will meet your requirements or those of the Licensee.  Accordingly, you expressly acknowledge and agree that use of the Software, Services, Content and the Platform is at your sole risk, and further acknowledge and agree that to the extent permitted by law, the Platform, Services and the Software are provided "as is", with all faults and without warranty of any kind.  You agree that PictoryTale is not responsible for any problems, failures or technical malfunctions of any telephone lines or networks, computer online systems, servers or providers, computer equipment, software, or any other object or material, related to your use of the Platform, including but not limited to any damage resulting from the access, download or use of Content or other material used by you as part of your use of the Platform.



12. Limitation of Liability 

To the fullest extent permitted by applicable laws and regulations, PictoryTale will not be liable for any direct, consequential, special or indirect loss suffered by you or any other party arising from your use of the Software, Services, User Content or the Platform.  Notwithstanding anything to the contrary in these Terms of Use, to the extent PictoryTale is unable to fully exclude its liability pursuant to applicable legislation, PictoryTale's liability to you in respect of any cause of action whatsoever will not in aggregate exceed a total amount of $10.  



13. Indemnity

You agree to indemnify and hold PictoryTale, its subsidiaries and affiliates and their respective officers, agents and employees (“Indemnified Parties”), from and against any loss (including legal costs and expenses on a solicitor/own client basis) or liability incurred or suffered by any of the Indemnified Parties in relation to any claim, suit, demand, action or proceeding by any person against any of the Indemnified Parties arising from your use of the Software, the Services, the Platform, any User Content submitted by you, or any breach by you of these Terms of Use, including but not limited to the representations and warranties made by you as set out in these Terms of Use.



14. Governing Law

For the avoidance of doubt these Terms of Use will be governed by the laws of Norway and you and PictoryTale expressly submit to the exclusive jurisdiction of the courts of Oslo Norway.



15. We welcome you to the PictoryTale Platform and we ask that you respect yourselves and each other in using our Software and the Service to tell stories!