Terms of Service

TERMS OF USE

Welcome to uTales, a website and online and mobile service of uTales AB. ("uTales," "we," or "us"). This page explains the terms by which you may use the uTales web site, mobile device software applications (the "uTales Software"), and services, and any other web or mobile services or applications owned, controlled, or offered by uTales in association with this site (collectively the "Service").

By clicking the "I accept tick-box" you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement ("Agreement"), Privacy Policy, Acceptable Use Policy and Copyright Policy, whether or not you are a registered or paying user of our Service.

We reserve the right to amend this Agreement at any time by notifying you as provided in this Agreement, provided that no notice shall be required for non-substantive changes to the Agreement. If we substantively amend this Agreement, we will give you at least thirty (30) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use Agreement. If you do not agree to any of these terms or any future Terms of Use Agreement, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, users, including users who are also contributors of uTaler Content (as defined below), and others who access the Service ("Users").

1) Use of Our Service

uTales provides a worldwide community forum allowing authors and illustrators to produce and share digital picture books for children. You do not have to register in order to visit uTales. To access certain features of the Service, though, such as connection through your mobile device and making purchases, you will need to register with uTales and create a "Member" account. Your Member account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion.

This Service is intended solely for Users who are eighteen (18) years of age or older, and any registration, use or access to the Service by anyone under eighteen (18) is strictly prohibited and in violation of this Agreement. If you are under eighteen (18) years of age you may use the Service only if you either are an emancipated minor or have the written consent of your parent or legal guardian, and are fully able and competent to enter into this Agreement and to abide by and comply with its terms.

You may never use another Member's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify uTales immediately of any breach of security or unauthorized use of your account. Although uTales will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of uTales or others due to such unauthorized use.

You may control your Member profile and how you interact with the Service by changing your settings on the Service. By providing uTales your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address or mobile phone telephone number to send you other messages, including changes to features of the Service and special offers. If you do not want to receive such messages, you may opt out or change your preferences by changing your settings. Opting out may prevent you from receiving messages regarding updates, improvements, or offers.

You agree to use the Service only in accordance with our <<Acceptable Use policy>>.

All aspects of the Service are subject to change or elimination at uTales 's sole discretion. uTales reserves the right to interrupt the Service and/or to permanently or temporarily terminate, suspends, or otherwise refuse to permit your access to the Service with or without prior notice for any reason. You agree that uTales will not be liable to you for any interruption of the Service or your account.

You are solely responsible for your interactions with other uTales Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. uTales shall have no liability for your interactions with other Users, or for any User's action or inaction.

2) Content

The Service allows Users to contribute uTaler Content to the Service. "uTaler Content" includes the text, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service allows Users to post feedback, comments, questions, and other information (collectively "User Content" and collectively with the uTaler Content, the "Content"). You are solely responsible for your Content that you upload, publish, display, link to or otherwise make available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your Content. You agree to comply with the <<Acceptable Use Policy>>in posting Content.

uTales takes no responsibility and assumes no liability for any Content that you or any other User or third party posts or sends over the Service. You understand and agree that any loss or damage that occurs as a result of the use of any Content that you make available or access through your use of the Service, including without limitation your posting of or visits to uTaler Content, is solely your responsibility. uTales is not responsible for any public display or misuse of your Content. You may be exposed to Content that is inaccurate or objectionable. Please see our <<Copyright Policy>>.

3) uTaler Content Providers

  1. License Grant to uTales. By posting any uTaler Content on the Service, you expressly grant, subject to the provisions in Section 3(4) below, a perpetual, transferable, irrevocable, non-exclusive, royalty-free, worldwide license to use, amend, license, assign, reproduce, publish, list information, translate, distribute, communicate to the public all such uTaler Content and your name, voice, and/or likeness as contained in your uTaler Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use solely in connection with the Service.You represent and warrant that you have a right to grant the license granted above to uTales.
  1. Earnings.uTales may distribute earnings to uTaler Content providers.Currently there are two possible ways for Users to generate earnings through the Service.
    1. uStore.Affiliates starting their own uStores based on the Service will earn a certain percentage of the income generated through uTales sales coming in from the affiliate website. The percentage earned will depend on the individual agreement between the uStore and uTales.If you are interested in becoming an affiliate and creating an uStore, please contact us at info@utales.com.
    1. uTaler Revenue. Such revenue is tracked directly to Users through their Member accounts. You will receive 60% of any payments received for uTaler Content that is attributable to your Member account, as determined solely by uTales and exclusive of any fees, taxes, and overhead or payment costs. By registering a Member account, you as the User and uTaler content provider are appointing uTales as your agent to handle all Service transactions.
    1. Use of Earnings. uTales will posts an earnings report to your Member account detailing the reported earnings balances.You will be able to use or receive the earnings reported to your Member account in any manner that uTales sets forth from time to time.For earned balances over $15.00, you must notify uTales in writing within thirty (30) days after the end of each calendar quarter in which you provide uTaler Content as to the manner of payment to you (or your designated charity).In the event you terminate your Member account, uTales will make final payment of any earned balances over $15.00 within ninety (90) days after the end of the calendar quarter in which the termination occurred.
    1. Forfeiture of Earnings. You may forfeit your earnings due to any one of the following reasons (i) breach of these Terms of Use, (ii) engage in any activity intended to, or the result of which could or would defraud uTales or any through party affiliated with the Service, (iii) failure to maintain the Member account as required by uTales.
  1. Co-Creators. Multiple Member accounts may collectively take credit for uTaler Content and receive earnings, however, once uTaler Content is published on uTales, no co-creator Member account may be added or removed.
  1. Deletion of uTaler Content.You are free to delete any uTaler Content you provide to uTales so long as you provide uTales thirty (30) days notice of your intent to delete.If you choose to do this, your uTaler Content will not be available for future purchase by Users; however, uTales retains a limited, non-exclusive, royalty-free, worldwide license to use, reproduce, publish, list information, translate, distribute and communicate to the public your uTaler Content for Users who previously purchased such content and for Users under subscription mode.
  1. Not an Employee. The Service and contribution of uTaler Content does not create and employer-employee relationship between you and uTales.You are solely responsible for payment of any taxes, social charges or other fees related to earnings received.

4) End User Licenses

  1. uTales Service. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Service. uTales reserves all rights not expressly granted herein in the Service and the uTales Content (as defined below). uTales may terminate this license at any time for any reason or no reason.
  1. uTales Software. To use the uTales Software you must have access to a web device and may need access to a mobile device that is compatible with the uTales Service. uTales does not warrant that the uTales Service will be compatible with your mobile device.
    1. License Grant. uTales hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the uTales Software for one uTales Member account on five (5) web and mobile devices owned or leased solely by you, for your personal use.
    1. Restrictions. You may not: (i) modify, disassemble, decompile or reverse engineer the uTales Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the uTales Software to any third party or use the uTales Software to provide time sharing or similar services for any third party; (iii) make any copies of the uTales Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the uTales Software, features that prevent or restrict use or copying of any content accessible through the uTales Software, or features that enforce limitations on use of the uTales Software; or (v) delete the copyright and other proprietary rights notices on the uTales Software.
    1. Software Upgrades. You acknowledge that uTales may from time to time issue upgraded versions of the uTales Software, and may automatically electronically upgrade the version of the uTales Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades.
    1. Third-Party Code. Any third-party code that may be incorporated in the uTales Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code.
    1. Rights Reserved. The foregoing license grant under this Agreement is not a sale of the uTales Software or any copy thereof and uTales or its third party partners or suppliers retain all right, title, and interest in the uTales Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. uTales reserves all rights not expressly granted under this Agreement.
    1. uTales Software from iTunes. The following applies to any uTales Software you acquire from the iTunes Store ("iTunes-Sourced Software"): You acknowledge and agree that this Agreement is solely between you and uTales, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to uTales as provider of the software. You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party's intellectual property rights, uTales, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and uTales acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof.

5) Our Proprietary Rights

Except for your Content, all right, title, and interest in and to the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the "uTales Content") are and will remain the exclusive property of uTales and its licensors. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the uTales Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent, or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches, or monitor any portion of the Service.

Any feedback, comments, or suggestions you may provide regarding uTales or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

6) Paid Services

  1. Billing Policies. Certain aspects of the Service may be provided for a fee, subscription or other charge. If you elect to use paid aspects of the uTales Service, you agree to the pricing, payment and billing policies applicable to such fees and charges. uTales may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.
  1. No Refunds. You may cancel your Member account at any time; however, there are no refunds for cancellation. As permitted under the terms of this Agreement, uTales has the right at any time for any reason or no reason to suspend or terminate your Account, terminate this Agreement, and/or refuse any and all current or future use of the Service without notice, refund, obligation, or liability to you. In the event that uTales suspends or terminates your Member account, or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the uTales Service, any content or data associated with your Member account, or for anything else.

7) Privacy

We care about the privacy of our Users. <<Click here to view our Privacy Policy>>. By using the Service, you are consenting to have your personal data transferred to and processed in Sweden subject to our Privacy Policy.

8) Security

We have implemented commercially reasonable technical and organizational measures designed to implement your privacy settings and secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

9) Additional Representations and Warranties

In connection with your uTaler Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, that: (a) you are at least 18 years of age; (b) your uTaler Content and uTales use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights and rights of publicity; and (c) uTales may exercise the rights to your uTaler Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.

10) Third-Party Links

uTales may contain links to third-party websites, advertisers, or services that are not owned or controlled by uTales. uTales has no control over, and assumes no responsibility or liability for, the content, privacy policies, or practices of any third party websites or services. If you access a third party website from uTales, you do so at your own risk, and you are hereby informed that this Agreement and uTales Privacy Policy does not apply to your use of such sites. You expressly relieve uTales from any and all liability arising from your use of any third-party website or services or third party owned content.

We encourage you to be aware of when you leave the Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

11) Indemnity

You agree to defend, indemnify and hold harmless uTales and its subsidiaries, agents, managers, partners (including, without limitation, its wireless carrier partners), and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of Sweden or any other country; (v) any claims or damages that arise as a result of any of your uTaler Content or any that is submitted via your Member account; or (vi) any other party's access and use of the Service with your unique username, password or other appropriate security code.

12) No Warranty

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, UTALES, ITS PARTNERS AND LICENSORS DISCLAIM ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

13) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL UTALES, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS OR PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM (A) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR LOCATION INFORMATION; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE UTALES SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH UTALES OR ANY OTHER USER OF THE UTALES SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT UTALES HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

The Service is controlled and operated from its facilities in Sweden. uTales makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in Sweden.

14) Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by uTales without restriction.

15) General

  1. Governing Law. You agree that: (a) the Service shall be deemed solely based in Sweden; and (b) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over uTales, either specific or general, in jurisdictions other than Sweden. This Agreement shall be governed by the internal substantive laws of the country of Sweden, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any claim or dispute between you and uTales that arises in whole or in part from the Service shall be decided exclusively by Stockholm District Court in the first instance.
  1. Notification Procedures. uTales may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by uTales in our sole discretion. uTales reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.
  1. Entire Agreement/Severability. This Agreement, together with any amendments and other legal terms referenced in the Agreement, shall constitute the entire agreement between you and uTales concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
  1. No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and uTales' failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
  1. Bar on Claims. YOU AND UTALES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Please contact us with any questions regarding this Agreement.

uTales AB
Kammakargatan 48, S-111 60 Stockholm, Sweden
+46 739 645 191
info@utales.com

PRIVACY POLICY

uTales AB ("uTales," "we," or "us"), knows that you care how information about you is used and shared. This Privacy Policy explains what information of yours will be collected by uTales when you use the uTales Service, how the information will be used, and how you can control the collection, correction and/or deletion of information. We will not use or share your information with anyone except as described in this Privacy Policy. This Privacy Policy does not apply to information we collect by other means (including offline) or from other sources. Capitalized terms that are not defined in this policy are defined in our Terms of Use.

Information We Collect

  1. User-Provided Information: You provide us information about yourself, such as your name, e-mail address, mobile phone number and carrier, etc., if you register for a Member account with the Service. When using the Service, you may also provide certain other personal information and content, such as data contributions (images, videos, audio, location, place, text, choice, numbers, time, tags), which will be publicly displayed to other Users and on third-party sites and services in accordance with your privacy and opt-in settings. To provide the mobile features of the Service, we derive location information from your wireless carrier, certain third-party service providers, or directly from the mobile device that you used to register with uTales. This location tracking of your mobile device occurs only when the uTales mobile application is actively open and running.
  1. Cookies Information: When you visit uTales.com, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser and lets uTales help you log in faster and enhance your navigation through the site. A cookie may also convey anonymous information about how you browse the Service to us. A cookie does not collect personal information about you. uTales uses both session cookies and persistent cookies. A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser's directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Service may not function properly if the ability to accept cookies is disabled.
  1. Log File Information: Log file information is automatically reported by your browser each time you access a web page. When you register with or view our site, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, referring / exit pages and URLs, number of clicks, domain names, landing pages, pages viewed, and other such information.
  1. Clear Gifs Information: When you use the Service, we may employ clear gifs (also known as web beacons) which are used to track the online usage patterns of our users anonymously. No personally identifiable information from your uTales account is collected using these clear gifs. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened by recipients. The information is used to enable more accurate reporting, improve the effectiveness of our marketing, and make uTales better for our users.

How We Use Your Information

We use the personal information you submit to operate, maintain, and provide to you the features and functionality of the Service.

Any personal information or content that you voluntarily disclose for posting to the Service (including your location information and User Content) becomes available to the public. uTales is not responsible for the personally identifiable profile information and data contributions (images, videos, audio, location, place, text, choice, numbers, time, tags) that you choose to disclose publicly on the Service. If you remove information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service, or if other Users have copied or saved that information.

By providing uTales your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address or mobile phone number to send you other messages, such as newsletters, changes to features of the Service, or special offers. If you do not want to receive such messages, you may opt out or change your preferences in your settings page.Opting out may prevent you from receiving messages regarding updates, improvements, or offers. You may not opt out of Service-related e-mails. If you correspond with us by email, we may retain the content of your email messages and our responses.

If you choose to use our invitation service to invite a contact to the Service, we will ask you for that person's email address and automatically send an email invitation. uTales stores this information to send this email, to register your contact if your invitation is accepted, and to track the success of our invitation service. Your contact may correspond with us to request that we remove this information from our database at info@utales.com.

uTales may use certain information about you and/or your User Content without identifying you as an individual to third parties. We do this for purposes such as analyzing how the Service is used, diagnosing service or technical problems, maintaining security, and personalizing content.

uTales reserves the right, but has no obligation, to monitor the User Content you post on the site. We reserve the right to remove any such information or material for any reason or no reason, including without limitation if in our sole opinion such information or material violates, or may violate, any applicable law or our Terms of Use Agreement, or to protect or defend our rights or property or those of any third party. uTales also reserves the right to remove information upon the request of any third party.

We use cookies, clear gifs, and log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our Service; (d) monitor aggregate metrics such as total number of visitors and traffic; (e) diagnose or fix technology problems reported by our users or engineers that are associated with certain IP addresses; and (f) help you efficiently access your information after you sign in.

How We Share Your Information

Personally Identifiable Information: uTales may share your personally identifiable information with third parties solely for the purpose of providing services to you. If we do this, such third parties' use of your information will be bound by this Privacy Policy. We may store personal information in locations outside the direct control of uTales (for instance, on servers or databases co-located with hosting providers).

uTales does not share your personally identifiable information or personally-identifiable location information with other, third-party companies for their commercial or marketing use without your express consent or unless you have opted-in to be part of a specific program or feature. We cannot control third parties' use of your information. If you do not want your information to be collected by or shared with such a third party, you can choose not to participate in such programs or features. As we develop our business, we may buy or sell assets or business offerings. Customer, email, and visitor information is generally one of the transferred business assets in these types of transactions. We may also transfer such information in the course of corporate divestitures, mergers, or dissolution.

Except as otherwise described in this Privacy Policy, uTales will not disclose personal information to any third party unless required to do so by law or subpoena or if we believe that such action is necessary to (a) conform to the law, comply with legal process served on us or our affiliates, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) to enforce our Terms of Use, take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our site; and (c) to exercise or protect the rights, property, or personal safety of uTales, our Users or others.

Non-Personally Identifiable Information: We may share non-personally identifiable information (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with interested third parties to help them understand the usage patterns for certain uTales services.

uTales may allow third-party ad servers or ad networks to serve advertisements on the uTales site. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on uTales. They automatically receive your IP address when this happens. They may also use other technologies (such as cookies, JavaScript, or web beacons) to measure the effectiveness of their advertisements and to personalize the advertising content. uTales does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent. However, please note that if an advertiser asks uTales to show an advertisement to a certain audience and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach. The uTales Privacy Policy does not apply to, and we cannot control the activities of, third-party advertisers. Please consult the respective privacy policies of such advertisers for more information.

How We Protect Your Information

uTales uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to uTales and you do so at your own risk. Once we receive your transmission of information, uTales makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications from uTales, at all times.

Compromise of Personal Information

In the event that personal information is compromised as a result of a breach of security, uTales will promptly notify those persons whose personal information has been compromised, in accordance with the notification procedures set forth in this Privacy Policy, or as otherwise required by applicable law.

Your Choices About Your Information

You may, of course, decline to submit personally identifiable information through the Service, in which case uTales may not be able to provide certain services to you. You may update or correct your account information and email preferences at any time by logging in to your account. You can review and correct the information about you that uTales keeps on file by contacting us directly at info@utales.com.

In uTales, you contribute data (images, videos, audio, place, text, choice, numbers, time, tags) to the Service as a User, subscribe to the Service, or create Content as an uTaler. Each of these activities is associated with your user account and thus other personal information provided (such as the name provided in your profile).

Certain information is public for everyone to view:

  • User name provided in your profile
  • Links to your website (if entered)
  • Links to your blog (if entered)
  • Biography text (if entered)
  • Book information for any books published by you on the website

Certain information is available for only you to view:

  • Registered email address
  • Account settings (password, PayPal ID etc. if entered)
  • Personal sales statistics for published books
  • Payment information (credit card number, billing address etc.)

Please be aware of your actions on uTales and use the privacy options to protect yourself.

Children's Privacy

Protecting the privacy of young children is especially important. For that reason, uTales does not knowingly collect or solicit personal information from anyone under the age of eighteen (18) or knowingly allow such persons to register as Members. If you are under eighteen (18), please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under age eighteen (18) is allowed to provide any personal information to or on uTales. In the event that we learn that we have collected personal information from a child under age eighteen (18) without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under eighteen (18), please contact us at info@utales.com.

Links to Other Web Sites

We are not responsible for the practices employed by websites linked to or from our website, nor the information or content contained therein. Please remember that when you use a link to go from our website to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our website, is subject to that website's own rules and policies. Please read over those rules and policies before proceeding.

Notification Procedures

It is our policy to provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by uTales in its sole discretion. We reserve the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Privacy Policy.

Changes to Our Privacy Policy

If we change our privacy policies and procedures, we will post those changes on our website to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it. Changes to this Privacy Policy are effective when they are posted on this page.

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this website, please contact us at:

uTales AB

Kammakargatan 48, S-111 60 Stockholm, Sweden
+46 739 645 191
info@utales.com

Acceptable Use Policy

    1. Unlawful Use: You may not use the Service for any unlawful purposes or for promotion of illegal activities. You may not post any Content on the Service in violation of any applicable law, including intellectual property laws and right of privacy or publicity laws, or any contractual obligation. International users agree to comply with all local laws regarding online conduct and acceptable content.
    1. Information Quality: You may not post Content or use the Service to create an impression that you know is incorrect, misleading, or deceptive. This includes submitting false data (images, videos, audio, location, place, text, choice, numbers, time, tags) or otherwise misrepresenting a data contribution.
    1. Offensive Content: You may not post Content that is pornographic or sexually explicit, hateful, abusive, threatening, profane, or otherwise objectionable.
    1. Impersonation: You may not impersonate others through the Service or otherwise misrepresent your affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others.
    1. Privacy: You may not publish or post other people's private or personally identifiable information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission.
    1. Spam: You may not use the Service for the purpose of spamming anyone.
    1. Malware, Phishing: You may not publish or link to malicious content intended to damage or disrupt another user's browser or computer or to compromise a user's privacy.
    1. Technical Interference: You may not do any of the following while accessing or using the Service: (i) access, tamper with, or use non-public areas of the Service, uTales's computer systems, or the technical delivery systems of uTales's providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by uTales (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with uTales; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.

uTales may investigate and/or suspend your account if you violate any of the above policies. uTales reserves the right to immediately terminate your account without further notice in the event that, in its judgment, you violate this Acceptable Use Policy or the <<Terms of Use>>.

uTaler terms of Service

TERMS OF USE

Welcome to uTales, a website and online and mobile service of uTales AB. ("uTales," "we," or "us"). This page explains the terms by which you may use the uTales web site, mobile device software applications (the "uTales Software"), and services, and any other web or mobile services or applications owned, controlled, or offered by uTales in association with this site (collectively the "Service").

By clicking the "I accept tick-box" you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement ("Agreement"), Privacy Policy, Acceptable Use Policy and Copyright Policy, whether or not you are a registered or paying user of our Service.

We reserve the right to amend this Agreement at any time by notifying you as provided in this Agreement, provided that no notice shall be required for non-substantive changes to the Agreement. If we substantively amend this Agreement, we will give you at least thirty (30) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use Agreement. If you do not agree to any of these terms or any future Terms of Use Agreement, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, users, including users who are also contributors of uTaler Content (as defined below), and others who access the Service ("Users").


1) Use of Our Service

uTales provides a worldwide community forum allowing authors and illustrators to produce and share digital picture books for children. You do not have to register in order to visit uTales. To access certain features of the Service, though, such as connection through your mobile device and making purchases, you will need to register with uTales and create a "Member" account. Your Member account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion.

This Service is intended solely for Users who are eighteen (18) years of age or older, and any registration, use or access to the Service by anyone under eighteen (18) is strictly prohibited and in violation of this Agreement. If you are under eighteen (18) years of age you may use the Service only if you either are an emancipated minor or have the written consent of your parent or legal guardian, and are fully able and competent to enter into this Agreement and to abide by and comply with its terms.

You may never use another Member's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify uTales immediately of any breach of security or unauthorized use of your account. Although uTales will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of uTales or others due to such unauthorized use.

You may control your Member profile and how you interact with the Service by changing your settings on the Service. By providing uTales your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address or mobile phone telephone number to send you other messages, including changes to features of the Service and special offers. If you do not want to receive such messages, you may opt out or change your preferences by changing your settings. Opting out may prevent you from receiving messages regarding updates, improvements, or offers.

You agree to use the Service only in accordance with our <<Acceptable Use policy>>.

All aspects of the Service are subject to change or elimination at uTales 's sole discretion. uTales reserves the right to interrupt the Service and/or to permanently or temporarily terminate, suspends, or otherwise refuse to permit your access to the Service with or without prior notice for any reason. You agree that uTales will not be liable to you for any interruption of the Service or your account.

You are solely responsible for your interactions with other uTales Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. uTales shall have no liability for your interactions with other Users, or for any User's action or inaction.


2) Content

The Service allows Users to contribute uTaler Content to the Service. "uTaler Content" includes the text, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service allows Users to post feedback, comments, questions, and other information (collectively "User Content" and collectively with the uTaler Content, the "Content"). You are solely responsible for your Content that you upload, publish, display, link to or otherwise make available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your Content. You agree to comply with the <<Acceptable Use Policy>>in posting Content.

uTales takes no responsibility and assumes no liability for any Content that you or any other User or third party posts or sends over the Service. You understand and agree that any loss or damage that occurs as a result of the use of any Content that you make available or access through your use of the Service, including without limitation your posting of or visits to uTaler Content, is solely your responsibility. uTales is not responsible for any public display or misuse of your Content. You may be exposed to Content that is inaccurate or objectionable. Please see our <<Copyright Policy>>.


3) uTaler Content Providers


  1. License Grant to uTales. By posting any uTaler Content on the Service, you expressly grant, subject to the provisions in Section 3(4) below, a perpetual, transferable, irrevocable, non-exclusive, royalty-free, worldwide license to use, amend, license, assign, reproduce, publish, list information, translate, distribute, communicate to the public all such uTaler Content and your name, voice, and/or likeness as contained in your uTaler Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use solely in connection with the Service. You represent and warrant that you have a right to grant the license granted above to uTales.
  1. Earnings. uTales may distribute earnings to uTaler Content providers. Currently there are two possible ways for Users to generate earnings through the Service.
    1. uStore. Affiliates starting their own uStores based on the Service will earn a certain percentage of the income generated through uTales sales coming in from the affiliate website. The percentage earned will depend on the individual agreement between the uStore and uTales. If you are interested in becoming an affiliate and creating an uStore, please contact us at info@utales.com.
    1. uTaler Revenue. Such revenue is tracked directly to Users through their Member accounts. You will receive 60% of any payments received for uTaler Content that is attributable to your Member account, as determined solely by uTales and exclusive of any fees, taxes, and overhead or payment costs. By registering a Member account, you as the User and uTaler content provider are appointing uTales as your agent to handle all Service transactions.
    1. Use of Earnings. uTales will posts an earnings report to your Member account detailing the reported earnings balances. You will be able to use or receive the earnings reported to your Member account in any manner that uTales sets forth from time to time. For earned balances over $15.00, you must notify uTales in writing within thirty (30) days after the end of each calendar quarter in which you provide uTaler Content as to the manner of payment to you (or your designated charity). In the event you terminate your Member account, uTales will make final payment of any earned balances over $15.00 within ninety (90) days after the end of the calendar quarter in which the termination occurred.
    1. Forfeiture of Earnings. You may forfeit your earnings due to any one of the following reasons (i) breach of these Terms of Use, (ii) engage in any activity intended to, or the result of which could or would defraud uTales or any through party affiliated with the Service, (iii) failure to maintain the Member account as required by uTales.
  1. Co-Creators. Multiple Member accounts may collectively take credit for uTaler Content and receive earnings, however, once uTaler Content is published on uTales, no co-creator Member account may be added or removed.
  1. Deletion of uTaler Content. You are free to delete any uTaler Content you provide to uTales so long as you provide uTales thirty (30) days notice of your intent to delete. If you choose to do this, your uTaler Content will not be available for future purchase by Users; however, uTales retains a limited, non-exclusive, royalty-free, worldwide license to use, reproduce, publish, list information, translate, distribute and communicate to the public your uTaler Content for Users who previously purchased such content and for Users under subscription mode.


  1. Not an Employee. The Service and contribution of uTaler Content does not create and employer-employee relationship between you and uTales. You are solely responsible for payment of any taxes, social charges or other fees related to earnings received.

4) End User Licenses

  1. uTales Service. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Service. uTales reserves all rights not expressly granted herein in the Service and the uTales Content (as defined below). uTales may terminate this license at any time for any reason or no reason.
  1. uTales Software. To use the uTales Software you must have access to a web device and may need access to a mobile device that is compatible with the uTales Service. uTales does not warrant that the uTales Service will be compatible with your mobile device.
    1. License Grant. uTales hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the uTales Software for one uTales Member account on five (5) web and mobile devices owned or leased solely by you, for your personal use.
    1. Restrictions. You may not: (i) modify, disassemble, decompile or reverse engineer the uTales Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the uTales Software to any third party or use the uTales Software to provide time sharing or similar services for any third party; (iii) make any copies of the uTales Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the uTales Software, features that prevent or restrict use or copying of any content accessible through the uTales Software, or features that enforce limitations on use of the uTales Software; or (v) delete the copyright and other proprietary rights notices on the uTales Software.
    1. Software Upgrades. You acknowledge that uTales may from time to time issue upgraded versions of the uTales Software, and may automatically electronically upgrade the version of the uTales Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades.
    1. Third-Party Code. Any third-party code that may be incorporated in the uTales Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code.
    1. Rights Reserved. The foregoing license grant under this Agreement is not a sale of the uTales Software or any copy thereof and uTales or its third party partners or suppliers retain all right, title, and interest in the uTales Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. uTales reserves all rights not expressly granted under this Agreement.
    1. uTales Software from iTunes. The following applies to any uTales Software you acquire from the iTunes Store ("iTunes-Sourced Software"): You acknowledge and agree that this Agreement is solely between you and uTales, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to uTales as provider of the software. You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party's intellectual property rights, uTales, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and uTales acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof.

5) Our Proprietary Rights

Except for your Content, all right, title, and interest in and to the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the "uTales Content") are and will remain the exclusive property of uTales and its licensors. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the uTales Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent, or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches, or monitor any portion of the Service.

Any feedback, comments, or suggestions you may provide regarding uTales or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

6) Paid Services


  1. Billing Policies. Certain aspects of the Service may be provided for a fee, subscription or other charge. If you elect to use paid aspects of the uTales Service, you agree to the pricing, payment and billing policies applicable to such fees and charges. uTales may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.
  1. No Refunds. You may cancel your Member account at any time; however, there are no refunds for cancellation. As permitted under the terms of this Agreement, uTales has the right at any time for any reason or no reason to suspend or terminate your Account, terminate this Agreement, and/or refuse any and all current or future use of the Service without notice, refund, obligation, or liability to you. In the event that uTales suspends or terminates your Member account, or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the uTales Service, any content or data associated with your Member account, or for anything else.

7) Privacy

We care about the privacy of our Users. <<Click here to view our Privacy Policy>>. By using the Service, you are consenting to have your personal data transferred to and processed in Sweden subject to our Privacy Policy.


8) Security

We have implemented commercially reasonable technical and organizational measures designed to implement your privacy settings and secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

9) Additional Representations and Warranties

In connection with your uTaler Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, that: (a) you are at least 18 years of age; (b) your uTaler Content and uTales use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights and rights of publicity; and (c) uTales may exercise the rights to your uTaler Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.

10) Third-Party Links

uTales may contain links to third-party websites, advertisers, or services that are not owned or controlled by uTales. uTales has no control over, and assumes no responsibility or liability for, the content, privacy policies, or practices of any third party websites or services. If you access a third party website from uTales, you do so at your own risk, and you are hereby informed that this Agreement and uTales Privacy Policy does not apply to your use of such sites. You expressly relieve uTales from any and all liability arising from your use of any third-party website or services or third party owned content.

We encourage you to be aware of when you leave the Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

11) Indemnity

You agree to defend, indemnify and hold harmless uTales and its subsidiaries, agents, managers, partners (including, without limitation, its wireless carrier partners), and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of Sweden or any other country; (v) any claims or damages that arise as a result of any of your uTaler Content or any that is submitted via your Member account; or (vi) any other party's access and use of the Service with your unique username, password or other appropriate security code.


12) No Warranty

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, UTALES, ITS PARTNERS AND LICENSORS DISCLAIM ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

13) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL UTALES, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS OR PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM (A) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR LOCATION INFORMATION; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE UTALES SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH UTALES OR ANY OTHER USER OF THE UTALES SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT UTALES HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

The Service is controlled and operated from its facilities in Sweden. uTales makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in Sweden.


14) Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by uTales without restriction.

15) General


  1. Governing Law. You agree that: (a) the Service shall be deemed solely based in Sweden; and (b) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over uTales, either specific or general, in jurisdictions other than Sweden. This Agreement shall be governed by the internal substantive laws of the country of Sweden, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any claim or dispute between you and uTales that arises in whole or in part from the Service shall be decided exclusively by Stockholm District Court in the first instance.
  1. Notification Procedures. uTales may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by uTales in our sole discretion. uTales reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.
  1. Entire Agreement/Severability. This Agreement, together with any amendments and other legal terms referenced in the Agreement, shall constitute the entire agreement between you and uTales concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
  1. No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and uTales' failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.


  1. Bar on Claims. YOU AND UTALES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.


Please contact us with any questions regarding this Agreement.

uTales AB
Kammakargatan 48, S-111 60 Stockholm, Sweden
+46 739 645 191
info@utales.com

PRIVACY POLICY

uTales AB ("uTales," "we," or "us"), knows that you care how information about you is used and shared. This Privacy Policy explains what information of yours will be collected by uTales when you use the uTales Service, how the information will be used, and how you can control the collection, correction and/or deletion of information. We will not use or share your information with anyone except as described in this Privacy Policy. This Privacy Policy does not apply to information we collect by other means (including offline) or from other sources. Capitalized terms that are not defined in this policy are defined in our Terms of Use.


Information We Collect

  1. User-Provided Information: You provide us information about yourself, such as your name, e-mail address, mobile phone number and carrier, etc., if you register for a Member account with the Service. When using the Service, you may also provide certain other personal information and content, such as data contributions (images, videos, audio, location, place, text, choice, numbers, time, tags), which will be publicly displayed to other Users and on third-party sites and services in accordance with your privacy and opt-in settings. To provide the mobile features of the Service, we derive location information from your wireless carrier, certain third-party service providers, or directly from the mobile device that you used to register with uTales. This location tracking of your mobile device occurs only when the uTales mobile application is actively open and running.
  1. Cookies Information: When you visit uTales.com, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser and lets uTales help you log in faster and enhance your navigation through the site. A cookie may also convey anonymous information about how you browse the Service to us. A cookie does not collect personal information about you. uTales uses both session cookies and persistent cookies. A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser's directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Service may not function properly if the ability to accept cookies is disabled.
  1. Log File Information: Log file information is automatically reported by your browser each time you access a web page. When you register with or view our site, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, referring / exit pages and URLs, number of clicks, domain names, landing pages, pages viewed, and other such information.
  1. Clear Gifs Information: When you use the Service, we may employ clear gifs (also known as web beacons) which are used to track the online usage patterns of our users anonymously. No personally identifiable information from your uTales account is collected using these clear gifs. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened by recipients. The information is used to enable more accurate reporting, improve the effectiveness of our marketing, and make uTales better for our users.


How We Use Your Information

We use the personal information you submit to operate, maintain, and provide to you the features and functionality of the Service.

Any personal information or content that you voluntarily disclose for posting to the Service (including your location information and User Content) becomes available to the public. uTales is not responsible for the personally identifiable profile information and data contributions (images, videos, audio, location, place, text, choice, numbers, time, tags) that you choose to disclose publicly on the Service. If you remove information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service, or if other Users have copied or saved that information.

By providing uTales your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address or mobile phone number to send you other messages, such as newsletters, changes to features of the Service, or special offers. If you do not want to receive such messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving messages regarding updates, improvements, or offers. You may not opt out of Service-related e-mails. If you correspond with us by email, we may retain the content of your email messages and our responses.

If you choose to use our invitation service to invite a contact to the Service, we will ask you for that person's email address and automatically send an email invitation. uTales stores this information to send this email, to register your contact if your invitation is accepted, and to track the success of our invitation service. Your contact may correspond with us to request that we remove this information from our database at info@utales.com.

uTales may use certain information about you and/or your User Content without identifying you as an individual to third parties. We do this for purposes such as analyzing how the Service is used, diagnosing service or technical problems, maintaining security, and personalizing content.

uTales reserves the right, but has no obligation, to monitor the User Content you post on the site. We reserve the right to remove any such information or material for any reason or no reason, including without limitation if in our sole opinion such information or material violates, or may violate, any applicable law or our Terms of Use Agreement, or to protect or defend our rights or property or those of any third party. uTales also reserves the right to remove information upon the request of any third party.

We use cookies, clear gifs, and log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our Service; (d) monitor aggregate metrics such as total number of visitors and traffic; (e) diagnose or fix technology problems reported by our users or engineers that are associated with certain IP addresses; and (f) help you efficiently access your information after you sign in.

How We Share Your Information


Personally Identifiable Information: uTales may share your personally identifiable information with third parties solely for the purpose of providing services to you. If we do this, such third parties' use of your information will be bound by this Privacy Policy. We may store personal information in locations outside the direct control of uTales (for instance, on servers or databases co-located with hosting providers).

uTales does not share your personally identifiable information or personally-identifiable location information with other, third-party companies for their commercial or marketing use without your express consent or unless you have opted-in to be part of a specific program or feature. We cannot control third parties' use of your information. If you do not want your information to be collected by or shared with such a third party, you can choose not to participate in such programs or features. As we develop our business, we may buy or sell assets or business offerings. Customer, email, and visitor information is generally one of the transferred business assets in these types of transactions. We may also transfer such information in the course of corporate divestitures, mergers, or dissolution.

Except as otherwise described in this Privacy Policy, uTales will not disclose personal information to any third party unless required to do so by law or subpoena or if we believe that such action is necessary to (a) conform to the law, comply with legal process served on us or our affiliates, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) to enforce our Terms of Use, take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our site; and (c) to exercise or protect the rights, property, or personal safety of uTales, our Users or others.

Non-Personally Identifiable Information: We may share non-personally identifiable information (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with interested third parties to help them understand the usage patterns for certain uTales services.

uTales may allow third-party ad servers or ad networks to serve advertisements on the uTales site. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on uTales. They automatically receive your IP address when this happens. They may also use other technologies (such as cookies, JavaScript, or web beacons) to measure the effectiveness of their advertisements and to personalize the advertising content. uTales does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent. However, please note that if an advertiser asks uTales to show an advertisement to a certain audience and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach. The uTales Privacy Policy does not apply to, and we cannot control the activities of, third-party advertisers. Please consult the respective privacy policies of such advertisers for more information.

How We Protect Your Information

uTales uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to uTales and you do so at your own risk. Once we receive your transmission of information, uTales makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications from uTales, at all times.

Compromise of Personal Information

In the event that personal information is compromised as a result of a breach of security, uTales will promptly notify those persons whose personal information has been compromised, in accordance with the notification procedures set forth in this Privacy Policy, or as otherwise required by applicable law.

Your Choices About Your Information

You may, of course, decline to submit personally identifiable information through the Service, in which case uTales may not be able to provide certain services to you. You may update or correct your account information and email preferences at any time by logging in to your account. You can review and correct the information about you that uTales keeps on file by contacting us directly at info@utales.com.

In uTales, you contribute data (images, videos, audio, place, text, choice, numbers, time, tags) to the Service as a User, subscribe to the Service, or create Content as an uTaler. Each of these activities is associated with your user account and thus other personal information provided (such as the name provided in your profile).

Certain information is public for everyone to view:

  • User name provided in your profile
  • Links to your website (if entered)
  • Links to your blog (if entered)
  • Biography text (if entered)
  • Book information for any books published by you on the website

Certain information is available for only you to view:

  • Registered email address
  • Account settings (password, PayPal ID etc. if entered)
  • Personal sales statistics for published books
  • Payment information (credit card number, billing address etc.)

Please be aware of your actions on uTales and use the privacy options to protect yourself.

Children's Privacy

Protecting the privacy of young children is especially important. For that reason, uTales does not knowingly collect or solicit personal information from anyone under the age of eighteen (18) or knowingly allow such persons to register as Members. If you are under eighteen (18), please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under age eighteen (18) is allowed to provide any personal information to or on uTales. In the event that we learn that we have collected personal information from a child under age eighteen (18) without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under eighteen (18), please contact us at info@utales.com.

Links to Other Web Sites

We are not responsible for the practices employed by websites linked to or from our website, nor the information or content contained therein. Please remember that when you use a link to go from our website to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our website, is subject to that website's own rules and policies. Please read over those rules and policies before proceeding.

Notification Procedures

It is our policy to provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by uTales in its sole discretion. We reserve the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Privacy Policy.


Changes to Our Privacy Policy

If we change our privacy policies and procedures, we will post those changes on our website to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it. Changes to this Privacy Policy are effective when they are posted on this page.

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this website, please contact us at:

uTales AB

Kammakargatan 48, S-111 60 Stockholm, Sweden
+46 739 645 191
info@utales.com

Acceptable Use Policy

    1. Unlawful Use: You may not use the Service for any unlawful purposes or for promotion of illegal activities. You may not post any Content on the Service in violation of any applicable law, including intellectual property laws and right of privacy or publicity laws, or any contractual obligation. International users agree to comply with all local laws regarding online conduct and acceptable content.
    1. Information Quality: You may not post Content or use the Service to create an impression that you know is incorrect, misleading, or deceptive. This includes submitting false data (images, videos, audio, location, place, text, choice, numbers, time, tags) or otherwise misrepresenting a data contribution.
    1. Offensive Content: You may not post Content that is pornographic or sexually explicit, hateful, abusive, threatening, profane, or otherwise objectionable.
    1. Impersonation: You may not impersonate others through the Service or otherwise misrepresent your affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others.
    1. Privacy: You may not publish or post other people's private or personally identifiable information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission.
    1. Spam: You may not use the Service for the purpose of spamming anyone.
    1. Malware, Phishing: You may not publish or link to malicious content intended to damage or disrupt another user's browser or computer or to compromise a user's privacy.
    1. Technical Interference: You may not do any of the following while accessing or using the Service: (i) access, tamper with, or use non-public areas of the Service, uTales's computer systems, or the technical delivery systems of uTales's providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by uTales (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with uTales; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.

uTales may investigate and/or suspend your account if you violate any of the above policies. uTales reserves the right to immediately terminate your account without further notice in the event that, in its judgment, you violate this Acceptable Use Policy or the <<Terms of Use>>.

COPYRIGHT POLICY

Since we respect artist and content owner rights, it is uTales's policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA").

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify uTales's copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

2. Identification of the copyrighted work that you claim has been infringed;

3. Identification of the material that is claimed to be infringing and where it is located on the Service;

4. Information reasonably sufficient to permit uTales to contact you, such as your address, telephone number, and, e-mail address;

5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and

6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:

Attn: DMCA Notice

uTales, AB

Kammakargatan 48, S-111 60 Stockholm, Sweden
+46 739 645 191
info@utales.com

UNDER UNITED STATES FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.

Please note that this procedure is exclusively for notifying uTales and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with uTales's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, uTales has adopted a policy of terminating, in appropriate circumstances and at uTales's sole discretion, members who are deemed to be repeat infringers. uTales may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.