Littlescribe Terms of Use

1. Littlescribe Pty Ltd ACN 614 008 990 (“Littlescribe”, “us”, “we”, or “our”) operates the Littlescribe mobile application (the Littlescribe App) and the website https://www.littlescribe.com (Our Website), together referred to as the Littlescribe Products.

2. You may use the Littlescribe Products to turn your ideas, photos, pictures, paintings, words and stories into electronic books, cards, posters or calendars (Books), publish those Books electronically (Electronic Books), share them with others, add electronic voice recordings to them (Voice Recordings) and arrange for Books to be printed and delivered in hard copy (Printed Books).

3. You hereby grant to us a non-exclusive licence to the intellectual property in your works, and we agree to reward you based on the Littlescribe Bonus Rules which are available on Our Website, according to these terms of use (the Terms).

Acceptance of Terms

4. Please read these Terms carefully. You signify that you have read, understood and agree to be bound by these Terms by (a) using, browsing and/or reading Our Website; and/or (b) accepting these Terms by clicking to accept the Terms where this option is made available to you. These Terms continue in force until we terminate them.

5. Your access to and use of any Littlescribe Product is conditional on your absolute acceptance of, and compliance with, these Terms.

6. If there is any conflict between any representation made by us (other than in these Terms) and these Terms, these Terms shall prevail.

Littlescribe Account

7. You must create an electronic Littlescribe account (Your Account) to use any Littlescribe Product. In doing so, you must provide us information that is accurate, complete, and current,
8. There are four different types of electronic profiles to choose from when setting up Your Account, with varying functionalities: Littlescribe Teacher, Bigscribe Parent, Bigscribe Grown Up, and Littlescribe Child:

• 1. A Littlescribe Teacher Profile is to be used only by an approved and duly licensed education provider at a registered school (Teacher);
  2. A Bigscribe Parent Profile is to be used only by an adult parent/legal Parent of a Child (Parent);
  3. A Littlescribe Child Profile is for use by persons under the age of 18, or over the age of 18 where they do not have the mental capacity of an adult (Child);
  4. A Bigscribe Grown Up Profile to be used by other grown-ups (over 18 years old) who are not (for the purposes of using the Littlescribe Products) Parents, such as grandparents and family friends (Grown Up).

9. If you open or activate a Teacher Profile, by accepting these Terms, you accept it in your personal capacity and with the express permission and authority of your school.
10. If you create a Teacher Profile, you warrant that you have all necessary authorities and express consents to create each Child Profile you create, including all necessary consents relating to the personal information of that Child. You agree to forever release and indemnify Littlescribe fully in relation to any breach of this paragraph.
11. A Child Profile may only be created by a Teacher or Parent. When created by a Teacher, the Child Profile must be activated by the Parent to enable the full functionality of the account, once the Parent Profile has been created. If you activate a Child Profile, you warrant that you are the parent or legal guardian of the Child the subject of the Child Profile.
12. If you open or activate a Parent Profile, by accepting these Terms, you accept them in your personal capacity, and as each and every Child for whom you are Parent who has, or will have, a Child Profile.
13. A Parent must:

• • only accept an invitation to open or activate a Littlescribe Account from a person you confirm is an approved and duly licensed education provider known to you and your Child (Child’s Teacher);
  • reject and immediately report to Littlescribe any invitation for your Child to join Littlescribe that is not from a Child’s Teacher; and
  • authorise and supervise any and all electronic interactions between your Child and each other person with a Littlescribe Account.

14. A Grown Up Profile may be converted to a Parent Profile at any time, if the Grown Up creates a profile for their Child.
15. You may not use as a username for Your Account any name that is not your name or part of your name or email address.

16. You are responsible for safeguarding the password for Your Account and for any and all activities on Your Account and/or under your password.

17. You agree not to disclose your password to anyone, other than (if you are a Child), your Parent.

18. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of Your Account.

Setting up and entering a Littlescribe Bookclub

19. A Littlescribe Bookclub is a social platform where you can share your work with other Littlescribe Users.
20. Your involvement with any Littlescribe Bookclub is at your discretion.
21. A Child’s entrance to any Littlescribe Bookclub, and sharing of works to that Bookclub can only be approved by the Child’s Parent.
22. You must carefully consider all requests for participation with any Littlescribe Bookclub, and carefully consider your decision to share any work in any Littlescribe Bookclub.
23. You may withdraw from any Littlescribe Bookclub at any time and/or may delete from the bookclub any work that you have shared in that platform.
24. You can also lock a book in your profile so that it cannot be seen by anyone other than you, and us.
25. The ultimate Littlescribe Bookclub is our global library, where your work is shared with, and accessible to every person around the world holding a Littlescribe Account.
26. Other than locked books (referred to in paragraph 24), we may use your work in our marketing material at any time, with no notice to you.
27. As a Parent, you acknowledge that your Child’s entrance into, and participation in, any Littlescribe Bookclub is at your absolute discretion and under your supervision.

Your warranties

28. You warrant as follows:
    • you are using the Littlescribe Products under the profile in paragraph 8 above that best describes you;
    • you have authority to enter into these Terms and have obtained all necessary approvals to do so;
    • you have not relied on any representation or information from any source other than these Terms; and
    • all personal information you provide to us is true and complete.

29. As a Parent you also warrant that:
    • you are the parent or legal guardian of each and every Child the subject of any Child Profile;
    • you understand a Child is a vulnerable person and they require supervision and monitoring when using Littlescribe Products, and you agree to do so;
    • you are responsible and liable for the conduct of your Child in all regards when using the Littlescribe Products; and
    • you consent to the Child using the Littlescribe Products.

30. As a Teacher you also warrant that:
    • you accept these Terms with the express permission and authority of your school;
    • Littlescribe Products enable you to engage in educational activities with children in and out of the school environment, and your official responsibilities as a teacher extend to your use of the Littlescribe Products at all times.
    • You will at all times:
      • be conscious of your special duties of care to students in the provision all educational activities in and out of school, including in your use of the Littlescribe Products;
      • demonstrate the highest standards of professional behaviour, exercise professional judgement and act in a courteous and sensitive manner when interacting with students, Parents, Littlescribe staff and other Littlescribe account holders;
      • be familiar with and comply with at all times all legislative and industrial requirements and any professional responsibilities, codes of conduct, policies and procedures applicable to you as a teacher;
      • use information gained in the course of your use of the Littlescribe Products only for proper and appropriate purposes;
      • except in the discharge of official duties use no information gained by or conveyed to you in the course of your use of the Littlescribe Products; and
    • you will closely monitor any Littlescribe Bookclub you establish, initiate or instigate.

Licence Fee

31. The Littlescribe App is free to download on your device.
32. Subject to your compliance with these Terms, we grant you a limited, fixed term, non-exclusive, non-assignable, non-transferrable licence to use the Littlescribe Products.

33. You may purchase additional tools and licences to enhance your use of the Littlescribe Products by agreeing to and paying a licence fee for those enhancements (the Licence Fee).
34. Certain enhancement tools are only available to Teachers, Word Challenge^TM, Spellbound^TM, Scrolls^TM, Rewards^TM, Inspire Me^TM, The Story Starter Wall^TM, Dictionary and Thesaurus.
35. The Licence Fee is payable on a subscription basis being a regular annual non-refundable fee that will automatically renew until Your Account is cancelled. We will notify you if the price of the Licence Fee increases and, if required, seek your consent.

36. The License Fee may differ from one country to another, and from one user to another and one product to another. Licence Fees apply to The Littlescribe Mini-writing Festival^TM, The Teacher ToolKit^TM , The Co-author Program^TM, MegaScribe^TM and other licenced products released to the market.
37. Littlescribe may also offer In-App purchases through the Littlescribe App, including but not limited to content, services or functionality.

Bad Behaviour

38. We take child wellbeing, welfare and safety seriously and will not tolerate bad behaviour associated with the use of any Littlescribe Product, including behaviour which is (in our view in our absolute discretion) rude, vulgar, inappropriate, discriminatory, disrespectful, sexualised, illegal, discriminatory, violent, abusive or bullying, and any other behaviour that we dislike (Bad Behaviour).

39. You must not use your Account to request any personal information from any other person, which will also be deemed as Bad Behaviour.
40. You must not engage in Bad Behaviour.
41. You must immediately report any Bad Behaviour to us.
42. We will not actively monitor user content, but will investigate any Bad Behaviour reported to us.
43. If we form the view that you have engaged in Bad Behaviour, we will immediately delete any offending material from Your Account with no notice to you. We may also shut down Your Account with no notice to you and without any pro-rata refund of any Licence Fee received.
44. We may also report Bad Behaviour to relevant law enforcement authorities or government agencies, at our absolute discretion.

Your use of the Littlescribe Products

45. You agree that you will not:
    • use the Littlescribe Products in any way that:
      1. could compromise the health, welfare or safety of any Child ;
      2. violates our rights under law in any way (including infringing our intellectual property rights);
      3. is inconsistent with these Terms.
    • use Littlescribe Products for any purpose or in any way other than for the promotion and support of visual and written expression of ideas in Children.
    • reverse engineer, decompile, or disassemble Littlescribe Products software.
    • sub-license, lease, or lend, copy or publish any software associated with any Littlescribe Product or any component part.
    • represent or give the impression that you are the owner or originator of any Littlescribe Product.
    • remove any identification, reference number, logo or other Littlescribe information which may be embedded in any file associated with any Littlescribe Product on your device.

46. We reserve the right to modify or remove any content of Your Account at any time for any purpose, without notice to you.

Intellectual Property Non-Exclusive Licence

47. You now grant to us a non-exclusive, perpetual, royalty free, assignable, transferrable, licence (including the rights to sub-license) to all intellectual property rights in and/or related to:
    • your Books, Electronic Books, Voice Recordings, and Printed Books;
    • your original pictures, paintings, drawings, stories and words which you photograph and upload into the Littlescribe App, and the ideas associated with them;
    • all photos and other documents you upload into the Littlescribe App; and
    • any other work created by you in the course of using any Littlescribe Product; and
    • any and all parts of the items in (a) to (d);
      (together the “Licensed IP”).

48. You agree that intellectual property rights include all present and future intellectual property rights and interests (including common law rights and interests) and other legal protection of the products of human intelligence and creation in any jurisdiction, including know-how, documents, information, patents, trade marks, trade names, services marks, designs, all statutory and other proprietary rights in respect of copyrights, domain names, symbols and logos (whether registered or unregistered), and includes the right to allege infringement.

49. You authorise Littlescribe to do any act in relation to the Licensed IP that you would have had the exclusive right to do, but for this licence.
50. You waive all moral rights in respect of the Licensed IP, and agree not to assert any such right.

51. By way of full payment for the Licensed IP, we will reward you based on our Littlescribe Bonus Rules which are available on our Website.

52. You agree to do any and all such acts and execute all such further documents as may be necessary to enable us to take full advantage of paragraphs 47 to 51 of these Terms.

53. Paragraphs 47 to 52 survive the termination or expiration of Your Account and the termination of these Terms, and apply to claims arising both before and after such expiration or termination.

Littlescribe Intellectual Property

54. You agree that at all times you will:
    • not adapt, reproduce, store, distribute, display, perform, publish or create derivative works from any part of Littlescribe Products;
    • not infringe any Littlescribe intellectual property rights; and/or
    • notify us of any suspected infringement of Littlescribe intellectual property rights.

Books and Book Policy

55. Littlescribe does not proof, edit or change your Books, Electronic Books, Voice Recordings or Published Books.
56. You agree that you will not order a Printed Book unless you are satisfied that the Electronic Book is ready to be reproduced in hard copy.
57. You accept the Littlescribe Book Return Policy available on Our Website.
58. The price payable by you for a Printed Book (and any associated delivery fees) through Littlescribe Products is exclusive of import duty or any other tax charged or imposed by the country of importation, all of which are payable by you.

Your credit card

59. You warrant that you have the legal right to use any credit card(s) or other payment method(s) used in connection with any purchase on or through any Littlescribe Product.
60. Electronic card payments are not processed through pages controlled by us. We use one or more online payment service providers who encrypt your card or bank account details.

Third party websites

61. Littlescribe Products may contain links to third-party websites or services that are not owned or controlled by us.
62. 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.
63. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services.
64. You acknowledge and agree that when you access other websites on the internet, you do so at your own risk.

Limitation of liability

65. All implied conditions, warranties and terms are excluded from these Terms. If in any jurisdiction an implied condition, warranties or term cannot be excluded, then this paragraph 65 shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.

66. We make no representation or warranty that Littlescribe Products will be:
    • useful to you;
    • of satisfactory quality;
    • fit for a particular purpose; and/or
    • available or accessible, without interruption or without error.

67. Littlescribe does not warrant that:
    • Littlescribe Products will function uninterrupted, secure or available at any particular time or location;
    • any errors or defects will be corrected;
    • Littlescribe Products are free of viruses or other harmful components; or
    • the results of using Littlescribe Products will meet your requirements.

68. We disclaim any obligation or liability to you arising directly or indirectly from any information you take from Littlescribe Products.
69. You agree that:

69. • we shall not be liable for any damages suffered as a result of using Littlescribe Products, copying, distributing, or downloading content from Littlescribe Products; and
    • if in any circumstances we become liable to you, the limit of our liability is the lesser of the pro-rata amount you paid for the Licence Fee, or the price paid to purchase any Printed Book.

70. Paragraphs 65 to 69 and any other paragraph which excludes or restricts our liability applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.

71. If you become aware of any breach of any term of these Terms by any person, please tell us by email including a subject title marked URGENT. We welcome your input but do not guarantee that we will agree with your judgement.

You indemnify us

72. As a condition of your access to and use of Littlescribe Products, you agree to indemnify us, our directors, officers, agents, employees and contractors and our successors and assigns, against all loss, actions, proceedings, damages, costs, and expenses (including legal fees) and claims arising directly or indirectly from:
    • your breach of these Terms;
    • any activity on Your Account or under your password; and
    • your access to Littlescribe Products.

73. Paragraph 72 survives the termination or expiration of Your Account and the termination of these Terms, and applies to claims arising both before and after such expiration or termination.

Privacy

74. We recognise the importance of protecting your privacy. Our Privacy Policy detailing our policies regarding the collection, use and disclosure of your personal Information is available on Our Website, and you agree to be bound by it.

Termination

75. We may terminate or suspend Your Account and terminate any license described in the Terms immediately, without notice or liability, for any reason whatsoever at our absolute discretion. We will do so if you breach these Terms.

76. Upon termination, your rights to use any Littlescribe Product will immediately cease.

77. If you wish to terminate Your Account, you may simply discontinue using the Littlescribe Products.

78. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, intellectual property assignment, warranty, disclaimers, indemnity and limitations of liability.

79. We shall not be liable to you or any third party for any claim or damages arising out of any termination or suspension or any other actions taken by us.

80. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on Littlescribe Products or by sending a communication to any address (email or otherwise) that we have for you in our records.

Miscellaneous matters

81. You will give any required notice under these Terms to us by sending an email to [email protected]

82. You undertake to provide to us your current postal and residential address, e-mail address and telephone as often as they are changed together with all information that we may require to enable us to fulfil our obligations under these Terms.

83. So far as any time, date or period is mentioned in these Terms, time shall be of the essence.

84. If any part of these Terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent necessary to bring it within the laws of that jurisdiction and to prevent it from being void, and shall be binding in that changed or reduced form. Subject to that, each paragraph shall be interpreted as severable and shall not in any way affect any other paragraph.

85. Our rights and obligations set out in these Terms shall pass to any permitted successor in title.

86. Any obligation in these Terms intended to continue to have effect after termination shall so continue.

87. When you send messages to us by email, you are communicating with us electronically. We will communicate with you by e-mail or by posting notices on Our Website. You agree that all such electronic communications satisfy any legal requirement that such communications be in writing.

88. Any communication emailed to you will be deemed as having been received within 24 hours if no notice of non-receipt has been received by the sender.

89. These Terms do not give any right to any third party.

90. These Terms shall be governed by laws of the State of New South Wales and the Commonwealth of Australia and the parties hereby submit to the non-exclusive jurisdiction of the Courts of New South Wales.