Sticky Stories – Terms of Service

This page sets out terms governing the use of our Sticky Stories and a Sticky Stories account. By opening an account and using Sticky Stories, you accept all of these Terms of Service. A reference in these Terms of Service to ‘we’, ‘us’ or ‘our’ means Change Mania Pty Ltd ABN 14603175622   and its related entities.

In this document

  • ‘member’ refers to subscribers to the Sticky Stories library on an annually renewable paid subscription
  • ‘customer’ refers to a registered customer accessing Sticky Stories on a pay-per-download basis.

We reserve the right to update or amend these Terms of Service at any time. You should check this page from time to time to make sure you are aware of any changes. Your continued use of Sticky Stories indicates your acceptance of the changes.

About Sticky Stories

We provide a library of Sticky Stories – short stories or scenarios developed as animations, infographics or colourful cartoons to communicate complex messages about management and change, for use in change communications, learning programs or executive presentations- for our members to use within their organisations, or to augment their own content when presenting to their own client audiences or at events.

We offer access to our Sticky Stories through our website stickystories.co (Sticky Stories Website) under the following two models:

  • full view and download access to members on an annual subscription basis;
  • customers access on a pay-per-download basis for selected Sticky Stories.

You can also commission us to develop a customised Sticky Story for your organisation.

References to “Sticky Stories” in these Terms of Service includes the individual Sticky Stories, the Sticky Stories Website and related web-interfaces, data, software and all content on the Sticky Stories Website.

Your account

You need to create a Sticky Stories account, either as a member (annual subscription) or  a registered customer, in order to access our Sticky Stories. We may refuse to offer Sticky Stories or change our eligibility criteria for our accounts at any time. By creating your account:

  • You represent and warrant that you are authorised to agree to and be bound by these Terms of Service.
  • You represent and warrant that you have not provided any false information in relation to your account, that you are not creating the account on behalf of someone else and that you are over the age of 18 years.
  • You are responsible for keeping your log-in and password confidential and for any activities that you engage in through your Sticky Stories account.
  • You acknowledge and agree that we may monitor your use of the Sticky Stories library and the Sticky Stories Website.
  • You agree not to access the Sticky Stories Website using an automated means (including data mining, robots, spiders or similar data gathering or extraction methods) and not to upload any content, viruses or other malicious code.

We reserve the right to suspend or terminate your Sticky Stories account at any time if we consider, in our sole discretion, that you are in breach of these Terms of Service and you are liable, and indemnify us, for any loss caused as a result of your breach.

Options and payment

The options for accessing Sticky Stories via subscription or pay-per-download are detailed here.

By opening an account, you agree to pay us, through PayPal, all charges and prices then in effect for the subscription or download purchase option you select and you authorise us, through PayPal to charge your chosen payment provider. The processing of your payments will be subject to the terms, conditions and privacy policies of PayPal and we are not responsible for any errors made by PayPal.

Stickystories.co member subscriptions are provided on an annual basis, with payment due on registration and each annual renewal date. Your account will automatically renew at the end of your subscription for a further 12 months, unless you notify us of your cancellation prior to the renewal date. If you wish to cancel your subscription, you can do so at any time via the ‘My Account’ page or by sending an email to [email protected] There is no refund of annual subscription fees.

We reserve the right to change our subscription options and pricing at any time. If you have an active account, we will notify you if a pricing change affects your membership (changes will then take effect from your next renewal date).

If you fail to pay any subscription fees when due and payable, we may suspend your account and access to and use of Sticky Stories until such time as those fees have been paid. Any continued failure by you to pay in accordance with these Terms of Service may result in termination of your account and use of Sticky Stories.

Permitted Use

You agree to only use Sticky Stories in accordance with these Terms of Service and any applicable laws.

Once you have an activated account, we will grant you a limited right to access, download and use Sticky Stories library items in accordance with your selection of full membership (entire library) or pay per download transaction (selected stories),  for the Permitted Use (see below), subject to these Terms of Service.

You must not use Sticky Stories library items for a Prohibited Use (see below) or to license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit Sticky Stories or make downloaded Sticky Stories MP4 files in whole or in part available to any other person. You may not otherwise copy, reproduce, modify, publish or transmit Sticky Stories without our prior written consent and payment of additional licence fees.

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Permitted UseProhibited Use
Your organisation’s internal communications, change management and learning programs, internal presentations. Sale of Sticky Stories, or supply of Sticky Stories content for free, to any person Clip or create any derivative works from a Sticky Story
In-person or electronic training platforms, provided only accessible to your organisation’s personnel Publish Sticky Stories on a website or social media (including YouTube and similar online services) Broadcast via terrestrial, satellite or cable television, or via IPTV Hosting of Sticky Stories on a server accessible by persons outside of your organisation
Inclusion in face to face training and development events provided by consultants within client organisations, provided Sticky Stories branding and copyright acknowledgement is retained. Commercial use on internet and broad electronic distribution channels. Incorporation into commercially provided training programs delivered via internet or other electronic channels across multiple organisations/clients.

All rights not expressly granted are reserved by us.

Our copyright and trade marks

Each Sticky Story and the content we provide in our Sticky Stories (including our sound recordings, voice-overs, story design, compilation) is owned or controlled by us and is protected by copyright laws in Australia and overseas.

We retain all rights in and to our Sticky Stories at all times. You must not (and must not authorise any other person to) modify or create derivative works based on any Sticky Story (whether from our library or a customised Sticky Story), reverse engineer, decompile or copy any part of our Sticky Stories, or in any way use any feature, function or graphic of our Sticky Stories in a way other than as strictly authorised under these Terms of Service, or applicable Australian copyright laws.

You must not remove any digital watermarks, our branding, copyright or other intellectual property notices from a Sticky Story.

Sticky Stories is a trade mark which is protected by law. You may not use this trade mark in Australia or internationally without our prior written consent, except to legitimately identify Sticky Stories. However, you may link to the Sticky Stories section of our website, provided you do so in a way that accurately indicates that the link is to Sticky Stories and is not misleading.

Customised Sticky Stories

In addition to access to the Sticky Stories library, members can contact us for a quote to design and develop a customised Sticky Story for your project, using your organisation’s branding, clips, graphics or other content.

If we provide a customised Sticky Story to you, then subject to payment in full by you, we will grant to you a right to use the customised Sticky Story for the Permitted Use (see above). We will not include your customised Sticky Story in our Sticky Stories library.

Where a customised Sticky Story has been adapted/customised and provided based on an existing library Sticky Story, you acknowledge that stickystories.co and its members will continue to use a story with similar content to the customised product.

You will retain ownership of all the content you submit to Sticky Stories including your logo, graphics and any other materials (Your Content). By submitting User Content to Sticky Stories, you grant us an irrevocable, perpetual, world-wide, non-exclusive, royalty-free, sublicensable and transferable licence and right to use Your Content for the purpose of creating the customised Sticky Story for you. You represent and warrant that you have the power to grant us such a licence and that Your Content does not contain any third party intellectual property rights which you are unable to license to us in this way. You irrevocably waive any moral rights (including the right of attribution) in relation to Your Content and warrant that you have obtained this waiver from any third party authors of Your Content.

You are responsible for Your Content and assume all risks associated with submitting Your Content to Sticky Stories.

Third party sites and materials

The Sticky Stories website and the Change Mania website may include links to third party websites, references to third party materials and information about third parties. Such links and references are provided for your reference only. Your access to and use of third party sites and materials is governed by the terms of service and privacy policies applicable to those sites. Unless we expressly state otherwise, we do not endorse, sponsor or approve any third party content or third party website.

Privacy and contacting you

We collect your personal information in order to facilitate the creation of your Sticky Stories account and your use of Sticky Stories. To deliver this service to you we may disclose your personal information to our third party service providers and our advisers. We use third party service providers to store and process some personal information. These may include Australian and internationally-based technology service providers and the use of servers within and outside Australia. If you have a concern about how we use your personal information, please contact us at [email protected] .

We may send you electronic messages including newsletters and notifications, answers to your enquiries, requests for feedback and other correspondence relating to your account and your use of Sticky Stories. If you do not want to receive these messages, you can use unsubscribe options provided within each message.

Termination

We may immediately and without liability suspend or terminate your access to and use of Sticky Stories if we consider that you are or are likely to, at any time to be in breach of these Terms of Service or any applicable laws.

Your account will be deactivated or closed on and from the date of termination.

 

Indemnity

You indemnify us, our employees and agents against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against us arising out of a breach by you of these Terms of Service.

You are liable, and indemnify us, for any loss caused as a result of your use or misuse of Sticky Stories, including use of Sticky Stories for a Prohibited Use.

Disclaimer

Whilst we use reasonable endeavours to ensure that Sticky Stories contain correct information and are up-to-date, we cannot guarantee the accuracy, currency or completeness of Sticky Stories and we accept no responsibility for errors in Sticky Stories.

We do not represent or guarantee that your use of Sticky Stories will result in a successful change or a learning outcome, or convey to all recipients, the message contained in the Sticky Story.

We reserve the right to delete Sticky Stories from the library at our discretion, and we provide no guarantee of ongoing access to any specific content.

We also do not guarantee that the use of the Sticky Stories Website or library will be uninterrupted or error-free, or that materials accessible on or through the Sticky Stories Website will be free from errors, viruses, worms or other harmful codes. To the extent permitted by law, we exclude all express and implied warranties that are otherwise applicable to Sticky Stories.

To the extent permitted by law, we exclude our liability for any loss (including any indirect, special or incidental loss or damages, loss of profits or loss of use including loss of opportunity, loss of production, loss of revenue, loss of contract, loss of business reputation, loss of profits, loss of income, loss of revenue, or damage to goodwill or any loss arising out of any claim by a third party loss), damages or injury resulting from your access to (or inability to access) or use of Sticky Stories, or as a consequence of your reliance on any content or information obtained from or through Sticky Stories.

Nothing in these Terms of Service restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth), to the extent that that the restriction, exclusion or modification of such consumer rights would render these Terms of Service, or any provision, void, illegal or unenforceable. If any law implies a guarantee, condition or warranty into these Terms of Service that cannot lawfully be excluded then, to the maximum extent permitted by law, our liability for any breach of such guarantee or implied term will be limited in the case of goods, to a refund for the price of the goods, re-supply of the goods or repair of the goods, and in the case of services, to the supply of the relevant service again or the payment of the cost of having that service re-supplied.

General

We may assign, novate or otherwise transfer any part or the whole of our rights and obligations under the agreement between us to any third party, without your prior consent. You may not assign, novate or otherwise transfer any of your rights or obligations without our prior written consent, which we may accept or refuse at our discretion.

These Terms of Service constitute the full and complete understanding between us.

Nothing in these Terms of Service creates a partnership, joint venture, agency, franchise, sales representative or employment relationship between us.

Governing law

These terms will be governed by and construed in accordance with the laws in force in Queensland, Australia, and you unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.

Although Sticky Stories may be accessed outside of Australia, we make no representation that the content complies with the laws of any other country. If you access Sticky Stories from outside Australia, you are solely responsible for ensuring compliance with your local laws and for any reliance on Sticky Stories content.

Last updated June 2017.