Terms & Conditions

HISTOGRAPHY - TERMS OF USE

March 2015

Histography is a world-first story-sharing website and application designed to help you record the moments and memories of your life.

Our website lets you write and share the moments of your life that you would like to recall, capture and pass on to others. Our psychologist-designed questions will shape your story and encourage you to write in detail about the funny, poignant and pivotal times you’ve experienced. The entry price of USD$49.95 includes the following: access to your secure section of the Histography site where you can answer any of the almost 200 questions designed to draw out the story of your life; we will also email you a fun and fascinating question every week over the course of a year, to encourage you to keep writing; and when you have completed your story, including uploaded photos and captions, we will print it for you as a 100 page hard-cover book. The entry price does not include postage, which will be charged according to mailing destination and weight of your parcel — you can order more than one copy of your memoir. Thanks for signing up and for taking the time to learn about our service and familiarise yourself with these terms of use.

TERMS AND CONDITIONS

Interpretation

In these Terms and Conditions and any relevant Specific Terms, unless the context otherwise requires:

Subscription means your right to use our story sharing website and/or application to create your personal memoirs.

Website means the website at www.histography.com and any related mobile application.

Website

1. Only individuals above the age of 13 may use this website. This is primarily because one of our core functions is the ability to share content on Facebook, and Facebook imposes this age restriction. For those who are over 13 but not yet 18, it’s important to have an adult, trusted friend or lawyer look over these terms to help you comprehend them.

2. The operation of the website and your access to the website may depend on the operation, rules and terms of conditions of service of a number of third-party providers (for example, but without limitation, social media platforms such as Facebook, search engines, such as Google, and the like) and the website is ultimately delivered subject to those constraints. You agree that we will not be under any obligation to deliver the website and your subscription to it including all available functions where and to the extent that such third-party providers’ constraints render us unable to deliver them.

3. Telecommunications systems may sometimes require downtime outside of our control and some or all of the website and your subscription features may be unavailable from time to time for such reasons.

4. We in our absolute discretion, may determine the presentation of the website and cannot guarantee the presentation of the website in all the methods by which the content within them may be accessed (for example, without limitation, depending on the computers or other devices, operating systems, applications and browsers in use). We will not be responsible for the incorrect appearance of any content within the Services, including without limitation the duration, nature, size, design and placement of any page, site or application.

5. We do not guarantee the website will run without error and be available at all times.

Term

6. All warranties, indemnities or other provisions of these Terms and Conditions affecting the liability of the Client to Us, or the liability of Us or any other person to the Client or to any third party shall continue in force despite the expiry or termination of the Services, for whatever reason.

Changes to these Terms and Conditions

7. We may vary all or any part of these Terms and Conditions at any time without notice to you. We will however post such changes to our website at www.histography.com. Your continued use of our site following a variation will be deemed to constitute acceptance of the variation.

Content

8. Any content that you upload to our website may be subject to our approval process before that content is published. That does not necessarily imply we’re obligated to monitor the content you post, only to say we may. In any event we will use reasonable commercial endeavours to undertake any approval process within a reasonable time.

9. You agree to obtain all necessary licences or consents that are required in connection with the use of names, logos, artwork and other material or content you upload to the website. You further warrant that any content you upload to the website will not infringe any Intellectual Property Rights or any other rights of any third party, nor will it be defamatory or otherwise unlawful in any way.

10. We may refuse, reject or remove any content provided by you at any time from the website, without prior notice, if we reasonably believe the content, or use of the content, contravenes any law, infringes or is likely to infringe any rights of a third party or is misleading, inappropriate, unsuitable, offensive, obscene, defamatory or indecent.

11. We do not own your content, nor can we do anything with your content without your permission. It is your decision to publish your story on your personal memoir page on Histography, and to share it on your Facebook page. But to facilitate that, we need, and you therefore grant us, an irrevocable, perpetual, non-exclusive and royalty-free right to do so.

12. You agree you will not use a robot, spider, crawler, scraper or other unauthorised automated means of whatever nature to access the website and scrape the content or data from your own memoir or those of any other members.

Payment

13. We only accept payment by credit card.

14. You will pay the subscription cost in full, in advance, and free of any deduction or setoff whatsoever, before using the website.

15. If you fail to pay or a payment is subsequently rejected, dishonoured or you enter a chargeback for the subscription amount we will be under no obligation to continue to allow you to use the website and may cancel your subscription to our website.

Gift Vouchers

16. Gift Vouchers up to the value of USD$49.95 can be used to subscribe to the website at any time.

17. Gift Vouchers are not redeemable for cash.

Termination

18. If you decide to cancel your subscription you will not be entitled to any refund and will remain liable for any subscription costs incurred, for the full term of your subscription.

19. We may terminate your subscription with immediate effect if in our reasonably held opinion you commit a material breach of these Terms and Conditions and (in the case of a breach capable of remedy) fail to remedy it within 7 calendar days of receipt of notice from us specifying the breach and recording an intention to terminate if the breach is not remedied.

Warranties, Indemnities and Liability

20. You agree to indemnify us, our directors, officers, employees, contractors and agents, and any other related body corporate, against all claims, demands, damages, costs, penalties, suits and liabilities of any nature caused directly or indirectly by your act or omission or any breach of any provision of these Terms and Conditions.

21. We shall not be liable in contract, tort or otherwise for any consequential, indirect or pure economic loss suffered by you that arises in any way from your subscription, or these Terms and Conditions, even if such loss was, or should have been, within our contemplation.

22. The liability of our directors, officers, employees, contractors and agents, and any other related body corporate of ours in contract, tort or otherwise is excluded to the maximum extent permitted by law.

23. Without restricting any other provision of these terms limiting any person’s liability, to the maximum extent permitted by law, our total aggregate liability for any claim or claims in any 12-month period, whether in contract, tort or otherwise that arises in any way from your subscription, or these Terms and Conditions, shall be limited to no more than an amount equal to the GST-exclusive amount actually paid by you to us in respect of the relevant subscription in the 12-month period prior to the event or events giving rise to the claim or claims.

Miscellaneous

24. If any part of these Terms and Conditions is found by a court or other competent authority to be invalid, unlawful or unenforceable then such part will be severed from the remainder of those terms which will continue to be valid and enforceable to the fullest extent permitted by law.

25. These Terms and Conditions will be governed by the laws of New South Wales, Australia and will be construed in all respects as a contract entered into in Australia. The parties hereby submit to the exclusive jurisdiction of the Australian courts.