Togness offers a mobile application that produces slideshow stories using proprietary technologies. Our website located at http://www.Togness.com (the “Site”). Togness is owned and operated by Togness Pty Ltd. (hereafter “Togness”, “us”, “our”, “we”). These Terms of Service (“Terms”) govern your access and use of the Site, the Togness application and website (the “Service”). “You” or “Your” means an adult user of the Services, or as the parent or guardian of any minor whom you allow access to the Services, and for whom you will be held strictly responsible.

Your access to and use of the Service is conditional on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. You warrant that you are at least 18 years of age and you are legally capable of entering into binding contracts. If you are under 18 years, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.

By accessing or using the Service you agree to be bound by these Terms. 

If you disagree with any part of the terms then you may not access the Service.

Account Registration

In order to use certain parts of the Services, you may be asked to supply certain personal information. Togness will treat all personal information as described in our Privacy Policy. When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

Maintaining account security is very important. You should not reveal your password to anyone. Togness will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address. Accounts are registered to you personally and may not be sold, traded, gifted or otherwise transferred at any time under any circumstances. Your account is at risk if you let someone use it inappropriately and your account is subject to termination if you or anyone using your account violates the Terms. If your account is terminated, you may not join Togness again without express permission.

You agree to immediately notify Togness of any unauthorized use of your Togness account or password. You are fully and solely responsible for the security of your computer system and all activity on your account, even if you did not commit such activities. Togness will not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold Togness harmless for any improper or illegal use of your account, including any mail sent and any charges and taxes incurred, unless you have notified us at hello@togness.com that your account has been compromised, and have requested us to block access to it. This includes illegal or improper use by someone to whom you have given permission to use your account. We do not police for, and cannot guarantee that we will learn of or prevent, any inappropriate use of the Services.

Termination of Account

You agree that Togness may for any reason, in its sole discretion and without notice, terminate your account, and remove from the Services any Content (as defined below) associated with your account. Grounds for such termination may include:

• Violation of these Terms,
• Fraudulent, harassing or abusive behaviour,
• Behaviour that is harmful to other users, third parties, or the business interests of Togness orif, under appropriate circumstances, the user is determined by Togness to be a repeat infringer of intellectual property rights.

If Togness terminates your account for any of the foregoing reasons, you shall not be entitled to any refund of fees paid with respect to such account.

If Togness believes that a violation of these Terms or any illegal or inappropriate behaviour has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behaviour on the Services. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone believed to have violated these Terms or to have engaged in illegal behaviour on the Services.

Intellectual Property & Content

Togness and its licensors own the Services, including all worldwide intellectual property rights in the Services, and the trademarks, service marks, and logos contained therein.

Togness grants you a limited, revocable, personal, worldwide, royalty-free, non-exclusive, non-sub licensable and non- assignable license to use the Service solely for your Personal Use. Togness does not have the music licence to cater for Commercial use of our service.

You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Services or any Content, except as Togness may expressly permit. You are not required to provide Togness with any feedback or suggestions regarding the Services or any Content. However, should you provide Togness with comments or suggestions for the modification, correction, improvement or enhancement of the Services then, subject to the terms and conditions of this Agreement, you hereby grant Togness a non-exclusive, irrevocable, worldwide, royalty-free license, including the right to sublicense, to use and disclose such comments and suggestions in any manner Togness chooses and to display, perform, copy, have copied, make, have made, use, sell, offer to sell, and otherwise dispose of Togness’s and its sub licensees’ products and content embodying such comments or suggestions in any manner and via any media Togness chooses, but without reference to the source of such comments or suggestions.

Togness reserves the right to remove and permanently delete any Content, without notice, including without limitation any Content that is in the sole discretion of Togness to be obscene, abusive, indecent, illegal or may otherwise subject us to public disparagement or scorn. As such, you should take care to preserve the originals of your stories. You should have no expectation that any edited or summarized videos will always be available through the Services. Do not rely upon the Site and/or the Application as a storage space for Content.

Togness may allow you to forward, post, embed or email any Content (or links to such Content). In addition, Togness may provide you with the ability to download or modify any Content. You expressly agree that you shall observe all applicable laws, regulations and rules of other third party websites and services in forwarding, embedding or posting such Content, or links to such Content. You shall not forward, post or otherwise distribute any Content or links to content that violates these Terms. You may not embed any Content in any third party site if such third party site contains any content that would violate these Terms. You accept full liability for all Content that you modify, forward or post, including in respect of any third party intellectual property rights or moral rights in such Content. Togness cannot accept any liability in respect of your modifications of any Content.

Togness’s Intellectual Property Rights.

Togness is the owner and retains all proprietary rights to the Service, and all associated copyrights, trademarks, brands, service marks, patents or other proprietary rights under law. Copying, distributing, modifying, or creating derivative works of Togness’s Services without Togness’s written permission is strictly prohibited.

Togness’s trademarks and/or service marks may not be used in connection with any product or service that is not provided by Togness, in any manner that is likely to cause confusion among customers or users of the site, tarnishes or dilutes the marks, or disparages or discredits Togness.

Togness’s Services include a user interface that allows you to upload user content and customize certain aspects of your desired Togness Story. You are granted a limited right to use those services only in conjunction with the Service and in accordance with these Terms and Conditions.

Others’ Intellectual Property Rights

Togness deeply respects the third party intellectual property rights that may be implicated in creating a Togness Story. These intellectual property rights, and your responsibilities with respect to these rights, are outlined below.

In creating a Togness Story using Togness’s proprietary software, you will be able to use your own Image Content such as photos, graphics, text, or videos. You will be able to either upload your own Text Content, or select Text Content (Quotations) provided by Togness. Both the Image Content and Text Content have associated intellectual property rights as described further herein. You retain any and all rights you hold with respect to Image Content and Text Content.

Image Content other than your own may be protected by copyright, even if not marked with the © symbol. If you are not the creator of Image Content, then you must get permission from the creator of the Image Content or the copyright holder to use the Image Content in a Togness Story. For example, professionally taken photographs should not be used in a Togness Story unless you have received permission from the photographer to do so. As another example, professionally produced video clips, such as clips of TV shows or movies, should not be used in an Togness Story unless you have received a license to do so from the owner of the copyright.

Furthermore, if you want to publish Image Content of someone other than yourself, you must get permission from the individuals portrayed in the Image Content before using the content in a Togness Story. Do not upload any Image Content that is confidential or proprietary. We assume no liability with respect to the disclosure or use of confidential or proprietary information uploaded on our Service.

Togness licenses Music Content and makes that content available to its users for use in making Togness Stories. Ownership of all intellectual property rights in Licensed Music remains with the third party licensor, and you are granted a limited right to use such licensed music subject to these terms. Your use of Licensed Music is subject to the following restrictions:

• You may only use Licensed Music in connection with making a Togness Story via the Services, and may only copy, distribute, or display the Licensed Music as incorporated within the Togness Story, and only in digital form.
• You receive no right to use the Licensed Music except in connection with the Services, and no right to copy, distribute, or display Licensed Music separately from the Togness Story.
• You are not permitted to reverse engineer, decompile or disassemble the Services to enable the download or use of Licensed Music on a stand-alone basis.

You warrant that all Image Content, Musical Content and Text Content uploaded by you, either from your own computer or another Site/server, is either created and owned by you, or you have the necessary licenses, rights and permissions to use the Image/Musical/Text Content as you intend to use them and as contemplated by the Site and grant Togness the rights described herein.

User Submissions

You are solely responsible for Submissions you post or transmit to the Services. “Submissions” is defined as anything a user transmits to the Services or to another in the course of using the Services. You shall remain at all times solely responsible for the full functionality, accuracy, reliability, integrity, quality or validity of all Submissions.

Togness reserves the right, at its sole discretion, to remove any Submissions or delete an account, without prior permission of its users that may violate these Terms at any time. Togness does not pre-screen Submissions, but reserves the right to delete Submissions that violate these Terms.

You will not use the Services in any manner or transmit any Submission that:

Posts, stores, transmits, offers, or solicits anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: 

• Material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry)
• Material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening
• Pornography (including any obscene material, and anything depicting children in sexually suggestive situations whether or not depicting actual children) or may be harmful to a minor
• Any virus, worm, Trojan horse, or other harmful or disruptive component;
• Uses any account or password without prior permission
• Obtains or solicits another person’s password or other personal information under false pretences; Impersonates another user or otherwise misrepresents yourself in any manner, whether to another user, to us, or otherwise
• Violates the legal rights of others, including defaming, abuse, stalking or threatening users;
• Infringes (or results in the infringement of) Togness’s or any third party’s intellectual property rights, moral rights, or other rights
• Is (or you reasonably believe to be illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material
• Does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc. In the case of any proposed or actual transaction, “applicable” refers to both your own location and to location(s) of all other parties to the transaction; or would cause Togness to be in violation of any law, ordinance, rule, regulation or treaty, or to infringe any right of any third party
• Publishes falsehoods or misrepresentations that may damage Togness or any third party
• Manipulates identifiers, forges headers or other data in order to disguise the origin of content transmitted through our sites or to manipulate your presence on the Services
• Disrupts, interferes or harms the Services, servers or networks

User Restrictions

The app and technology underlying the Services is the property of Togness, and you may not connect to or use the Service in any way that is not expressly permitted by these Terms. Specifically, you may not do or attempt to do any of the following:

• Attempt to decipher, decompile, disassemble, or reverse-engineer any of the app used to provide the Services (including without limitation, for the purpose of obtaining unauthorized access to our Site and/or the Application) without our prior written authorization, including framing or mirroring any part of the Site and/or the Application
• Circumvent, disable, or otherwise interfere with security-related features of the Services, or features that prevent or restrict use or copying of any Content.
• Sell, resell or otherwise monetize any Content to any third party, except as specifically set forth in these Terms
• Use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Service
• “Deep link” to the Services or any Content, unless such link was provided to you for that purpose by the Site or the Application
• Harvest, collect or mine information about other users of the Services
• Create a database by systematically downloading and storing all or any of the Content on the Site or the Application
• Violate the Terms or any other rule or agreement applicable to you or Togness through the Services’ inclusion in, reference to, or relationship with any third party or third-party site or service, or your use of any such third-party site or service
• Remove, obscure, make illegible or alter any proprietary notices or labels or other indications of Togness’s rights in the Services
• Use or access another user’s account or password without permission; or
• Use the Services or content thereon in any manner not permitted by these Terms.
• Use the service for commercial purposes.

 Infringement

Togness expressly disclaims any and all liability in connection with Submissions. Togness does not permit copyright infringement or infringement of intellectual property rights on its Service. We will remove all Content and Submissions if properly notified of these infringements, and may do so at our sole discretion, without prior notice to users at any time.

Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), it is our policy to respond to copyright owners who believe material appearing on the Services infringes their rights under International copyright law. If you believe that something appearing through the Services infringes your copyright, please contact us hello@togness.com

Linked Content

Portions of the Services may involve linking to web sites/applications belonging to third parties. We have no control over third-party sites/services, and all use of third-party sites is at your own risk. Togness is not responsible for content or services available by means of such sites. Togness does not endorse any products or services offered by third parties and we urge our users to exercise caution in using third-party sites.

Togness has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Togness shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We only provide links to external websites, as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Warranties/Disclaimer

Togness makes no representations or warranties whatsoever in respect of the Services or Content. Neither Togness nor any of its affiliates will be liable for any direct, incidental, consequential, indirect, punitive, exemplary, special or other damages, whether under any contract, tort (including negligence), strict liability, or other theory, and regardless of whether it has been advised of the possibility of such claim or damage, arising in connection with the Services, Submissions or Content. Togness cannot accept any liability whatsoever in respect of any Video and/or Content which is modified by you or any other third party.

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied. To the maximum extent permitted by applicable law, Togness expressly disclaims all warranties and conditions including, but not limited to warranties and conditions of satisfactory quality, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Togness and its subsidiaries, affiliates, and its licensors do not represent or warrant that:

• The Service will function uninterrupted, secure or available at any particular time or location of your choosing;
• That the operation of the service will be uninterrupted, timely, secure or error-free;
• Any errors or defects will be corrected;
• The Service is free of viruses or other harmful components; or
• The results of using the Service will meet your requirements.

Togness shall have no liability for:

• Any adverse effect to your computer or other app as a result of your use of the Services, or as a result of any Content available through the Services;
• Any error or omission of Togness, or any act or omission of any third party;
• Any error, delay, interruption, operational problem, unavailability, or failure in the Site, the Application or any component thereof, or any directly or indirectly related equipment, system, programming, or network (including the internet);
• Any breach of security involving the Services or your account;

Exclusions

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. Any specific exclusions or limitations, which may not be permitted in a jurisdiction, are formally excluded but only in respect of that jurisdiction and without affecting those exclusions or limitations, which remain in these Terms.

Indemnification

By accessing our service, you agree to indemnify Togness and the respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from:

• Breach of these Terms by you anyone using your computer, device, or password;
• Infringements of any rights of any third party, including without limitation the infringement by any Submissions of any third party intellectual property right or moral right;
• Your violation of any applicable law, regulation, rule or third party intellectual property right or moral right as a result of your forwarding, posting or use of any Content; and
• Any Content that you or your employees or agents downloaded from the Services or modified.

This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.

Limitation of Liability

In no event shall Togness be liable to you or any third party for any damages, including but not limited to general, incidental, consequential (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage), indirect, direct, special or punitive damages, as a result of you using, copying, distributing, or downloading Content from the Service.

By using this service, you have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against us for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service. You must not assign or otherwise dispose of your account to any other person. Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Victoria, Australia.

Changes

Togness reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice.

Prices of all Services are subject to change upon 30 days notice from us. Such notice may

be provided at any time by posting the changes to the Service itself.

The Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Contact Us

Please contact us if you have any questions about Terms and Conditions.