Terms and Conditions

Please read this Agreement carefully before accessing or using THEUNDERDOGTALES.COM. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any of its services. The Website is available only to individuals who are at least 13 years old.

I represent and warrant that I am the sole author of “my user submitted story” (aka USS); that the USS is true and not misleading; that I am the present and sole owner of all right, title, and interest in and to the USS; that I have the exclusive, unconditional right and authority to submit and convey the USS to The Underdog Tales (aka TUT) upon the terms and conditions set forth herein; and that no third party is entitled to any payment or other consideration as a condition of the exploitation of the USS. TUT accepts no responsibility if the author of the USS ignores these Terms and Conditions and agrees to indemnify TUT against any claim by any third party from any breach of these Terms and Conditions

You are entirely responsible for the content of, and any harm resulting from, that content. That is the case regardless of whether the content in question constitutes text, graphics, an audio file, or video recording. By making content available, you represent and warrant that:
the downloading, copying and use of the content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

If a third party has rights to content you create, you have either (i) received permission from the third party to post or make available the content, including but not limited to any text, graphics, audio file, video, or (ii) secured from the third party a waiver as to all rights in or to the content;

You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;

The content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; the content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

Without limiting any of those representations or warranties, TUT has the right (though not the obligation) to, in TUT’s sole discretion (i) refuse or remove any content that, in TUT’s reasonable opinion, violates any TUT policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in TUT sole discretion. TUT will have no obligation to provide a refund of any amounts previously paid if any.

USS must not contain defamatory, obscene, offensive, or any other unsuitable material. The Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; USS must be suitable to be broadcast, published or used online by the TUT for audiences of all ages. If the USS has troubling content TUT may, if required, take advice from relevant agencies, and may refer the troubling content to the relevant authorities.

I hereby grant (and release to) TUT a perpetual, worldwide, royalty free, transferable license, with rights of sublicense, to publish, use for advertising or publicity purposes, and otherwise use the USS (or any portion or derivation thereof) in web, print, video, audio, and all other media (including, without limitation, any and all social media) and in any internet, radio, television, or live stage program. I agree that I will not be entitled to any compensation because of the use by TUT of the USS or any similar material, except otherwise expressed by an authorised TUT executive in writing. I understand that TUT may create, publish, and otherwise use versions of the USS, and I grant TUT the right to dramatize, and adapt the USS for that purpose. I further acknowledge and agree that others may provide feedback or comments to my USS and neither TUT nor its affiliates shall be responsible or liable for any such feedback or comments. TUT also cannot guarantee that others will not use USS, and TUT and its affiliates are not responsible or liable for any use, misuse or misappropriation of your Story by others. I understand that If I delete USS, TUT will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

I further understand that TUT would refuse to receive the Story in the absence of my acceptance of each and all of the provisions of this release and license. I acknowledge that no fiduciary or confidential relationship now exists between TUT and me, and I further acknowledge that no such relationships are established between TUT and me by reason of this release and license or by reason of my submission of the USS.

I agree to indemnify TUT (and its owners, affiliates, officers, employees, and agents) from and against any and all claims, expenses, losses, or liabilities (including, without limitation, reasonable attorneys’ fees and punitive damages) that may be asserted against TUT or incurred by TUT at any time in connection with the USS, or any use thereof, including without limitation those arising from any breach of the warranties and promises given by me herein.

I have retained at least one copy of my USS, and I release TUT from any and all liability for loss or other damage to the copies of the Story submitted to TUT hereunder. TUT, its subcontractors, subsidiaries and/or agencies cannot accept any responsibility whatsoever for any technical failure, loss of data via use of a third party email platform or malfunction or any other problem which may result in any loss of data before it is received by TUT, its subcontractors, subsidiaries and/or agencies, or any entry being lost or not properly registered before it is received by TUT, its subcontractors, subsidiaries and/or agencies.

TUT may assign, license, or sublicense its rights hereunder. This release and license will inure to the benefit of any heirs, successors, representatives, assigns, and licensees of TUT, and any such heir, successor, representative, assign, or licensee will be deemed a third party beneficiary under this release and license.

I hereby acknowledge and agree that there are no prior or contemporaneous oral or other agreements in effect between TUT and me pertaining to the USS, or pertaining to any material (including, but not limited to, agreements pertaining to the submission by me of any ideas, formats, product ideas, or the like), except that the terms of use applicable to THEUNDERDOGTALES.COM website also apply to my submission of the Story and related material to the extent not inconsistent with this release and license.

The grants, rights, and releases made hereby are irrevocable. Should any provision or part of any provision of this release and license be void or unenforceable, such provision or part thereof will be deemed omitted, and this release and license with such provision or part thereof omitted will remain in full force and effect.

All content provided on TUT website is for informational purposes only. TUT makes no representations as to the accuracy or completeness of any information on the website or found by following any link on the website. TUT will not be liable for any errors or omissions in this information nor for the availability of this information. TUT will not be liable for any losses, injuries, or damages from the display or use of this information. These terms and conditions of use are subject to change at any time and without notice.

Responsibility of Website Visitors. TUT has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, TUT does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. TUT disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Copyright Infringement. As TUT asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by TUT violates your copyright, you are encouraged to notify TUT. TUT will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. TUT will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of TUT or others. In the case of such termination, TUT will have no obligation to provide a refund of any amounts previously paid to TUT if any.

Intellectual Property. This Agreement does not transfer from TUT to you any TUT or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with TUT. TUT, THEUNDERDOGTALES.COM, the TUT logo, and all other trademarks, service marks, graphics and logos used in connection with TUT, or the Website are trademarks or registered trademarks of TUT or TUT licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any TUT or third-party trademarks.

Advertisements. TUT reserves the right to display advertisements on any portion of the website unless an option has been made to purchase an ad-free account.

Attribution. TUT reserves the right to display attribution links such as but not restricted to ‘The Underdog Tales,’ theme author, and font attribution in your USS footer or toolbar.

Changes. TUT reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. TUT may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination. TUT may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your THEUNDERDOGTALES.COM account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account (if any), such account can only be terminated by TUT if you materially breach this Agreement and fail to cure such breach within thirty (30) days from TUT notice to you thereof; provided that, TUT can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties. The Website is provided “as is”. TUT and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither TUT nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability. In no event will TUT, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you (if any) to TUT under this agreement during the twelve (12) month period prior to the cause of action. TUT shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the TUT Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from England and Wales or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification. You agree to indemnify and hold harmless TUT, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous. This Agreement constitutes the entire agreement between TUT and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of TUT, or by the posting by TUT of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of England and Wales, 
I have read and understand this release and license and no oral representations of any kind have been made to me. This release and license states our entire understanding with reference to the subject matter hereof and submitting my user story.

Last updated Jun, 2020