Terms of Service

1. Your Relationship With Us

Welcome to TellnShare (the “Platform”), which is provided by Suntech Information Technologies Pty Ltd. in Melbourne, Australia (collectively such entities will be referred to as “TellnShare”, “we” or “us”).

You are reading the terms of service (the “Terms”), which regulate our relationship and act as an agreement between you and us. It includes the rules and regulations for how and when you can access and make use of the Platform as well as all of our associated websites, services, software, products, and content (the “Services”). A user’s ability to submit or share user content may be subject to age restrictions and not be available to all users of the Services. Our services are offered exclusively for personal, non-commercial use. For purposes of these Terms, “You” and “your” refer to you as a user of the Services.

The Terms represent a binding contract between you and us. Please take your time to carefully read them. Only your parent or legal guardian can use the Services on your behalf if you are under the age of 18. Make sure your legal guardian, preferably your parent, has read and discussed these Terms with you.

ARBITRATION NOTICE FOR USERS IN THE UNITED STATES: TA CLASS ACTION WAIVER AND AN ARBITRATION CLAUSE ARE INCLUDED IN THESE TERMS. YOU AND TELLNSHARE AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE. YOU AND TELLNSHARE WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

You must register with us in order to access or use some of our Services. You must submit real and current information while setting up this account. In order to keep your information accurate and complete, it is crucial that you maintain and properly update your data and any other information you send to us.

It’s crucial that you keep your username and password confidential and don’t share it with anybody. If you have suspicions that a foreign entity has gained access to your account or knows your password, you must inform us by contacting us at: [email protected]

You acknowledge that any behaviour that takes place under your account is exclusively your responsibility, both to us and to others.

We have the right to deactivate your account at any time, such as if you have broken any of the rules mentioned in these Terms or if suspicious activities take place on your account that, in our sole judgment, could harm or impair the Services, infringe on the rights of others, violate any laws or regulations, or both.

If you wish to have your account removed and you decide not to use our Services any longer, contact us at: [email protected]. Further help will be given to you, and we’ll walk you through the procedure. Once you decide to delete your account, you won’t be able to get back any of the content or information you’ve added or activate your account.

These Terms and all relevant laws and regulations govern your use of the Services and access to them. You may not:

• access or utilize the Services if you are not fully able and legally able to comply with these Terms or are authorized to use the Services by your parent or legal guardian;
• create any derivative works of the Services or any content contained therein, including any files, tables, or documentation (or even any fraction of it), or make any unauthorized copies, modifications, translations, reverse engineering, disassembles, or decomplications of the Services or any content contained therein;
• any of the Services or any derivative works thereof may not be distributed, licensed, relocated, or sold either in whole or in part.
• utilize the services to promote, rent, or lease them for a price or other cost, or to carry out any kind of commercial solicitation;
• use the Services for any illegal or commercial purpose without our express written approval, including sending spam or assisting the sending of any commercial advertisements;
• disrupt our website or any networks linked to the Services, interfere with or attempt to interfere with the proper functioning of the Services, or get beyond any security measures we may use to prevent or restrict access to the Services;
• combine the Services or any portion of the Services into any other programme or product; If this occurs, we reserve the right, at our sole discretion, to deny service, delete accounts, or restrict access to the Services;
• utilize automated tools to connect with the Services, gather information from it, or even both;
• impersonate someone or something, or falsely claim to be someone or something else, or otherwise mislead who you are or what you’re affiliated with, including by giving the impression that any content you submit, publish, transmit, distribute, or otherwise make available emanates from the Services;
• threaten or harass someone else, or encourage for violent or discriminatory behavior based on someone’s age, ethnicity, sex, religion, nationality, or sexual orientation;
• use a false identity on the Services or attempt to access another person’s account, service, or system without authorization from TellnShare;
• utilize the services in a way that could lead to a conflict of interest or contradict their goals, including exchanging reviews with other users or posting or soliciting fraudulent reviews;
• use the services to upload, transfer, distribute, store, or otherwise make accessible any files containing malware or other harmful software;
• advertising, solicitations, marketing materials, junk mail, spam, chain letters, pyramid schemes, or any other unlawful type of solicitation that is unsolicited or not authorized;
• any private information belonging to a third party, such as their addresses, phone numbers, email addresses, and the numbers and features on their identity documents (such as their passport or National Insurance number);
• any content that violates the copyright, trademark, or other intellectual property rights, or the privacy rights, of any third party;
• any content that disrespects another individual or is indecent, offensive, pornographic, provocative, or violent;
• any content that could be used to commit, encourage, or offer guidance for a crime, harmful behavior, or self-harm;
• any content meant to annoy, harm, injure, threaten, distress, humiliate, or otherwise irritate individuals; particularly harassing and bullying;
• any content that includes threats, including those of physical assault;
• any content that is racist or illegal, including any that attacks an individual based on their race, religion, age, gender, or sexual orientation;
• any solutions, solutions, remarks, opinions, analyses, or recommendations that you do not have the necessary qualifications for; or
• Any content that TellnShare considers offensive prevents another person from using the Services, or exposes TellnShare, the Services, or its users to any risk of injury or liability of any kind.

You must always comply with our Community Guidelines when accessing and using the Services, in addition to the above conditions.

We have the right to delete or disable access to any content at any time, for any reason, and without prior warning. We may remove or disable access to content if we determine that it is objectionable, violates these Terms or our Community Policy, or creates a threat to the Services or our users in some other way. For you to receive individually relevant product features like personalized search results, specialized advertising, and spam and malware detection, our automated algorithms evaluate your content (including emails). This analysis takes place during the transmission, reception, and storage of the content.

6. Intellectual Property Rights

TellnShare Content

As between you and TellnShare, all information (the “TellnShare Content”), including but not limited to software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (as well as the “look and feel”) of the Services are either owned by TellnShare or subject to a licence from them. It is understood that any User Content (as defined below) you upload to or transmit via the Services belongs to you. It is completely forbidden to use the TellnShare Content or other materials on the Services for any purpose that is not explicitly authorized by these Terms. Without our or, where applicable, our licensors’ prior written authorization, such content may not be downloaded, copied, duplicated, published, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any reason. We reserve all rights in and to their content that aren’t already given to you by us or our licensors.
You understand and agree that we may generate income, build goodwill, or otherwise increase our value as a result of your use of the Services, including but not limited to through the sale of advertising, sponsorships, promotions, usage information, and Gifts (defined below), and that, unless otherwise expressly provided in these Terms or in another agreement you enter into with us, you will not have any right to participate in any such income, goodwill, or value in any way. You further recognize that, other than as expressly allowed by you in these Terms or in another contract you enter into with us, you have no right to receive any revenue or other concern from any User Content, or even from your usage of any musical works, audio recordings, or audiovisual clips made accessible to you on or through the Services, as well as in any User Content Content created by you, (ii) are prohibited from exercising any rights to commercialize or obtain any financial benefit from any User Content ( e.g. , you cannot claim User Content that has been uploaded to a social media platform such as YouTube for monetization).
You are hereby given a non-exclusive, restricted, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Services, including to download the Platform on an allowed device, and to access the TellnShare Content through your use of the Services and solely in compliance with these Terms. In relation to the Services and the TellnShare Content, TellnShare retains all rights that are not expressly granted above. You acknowledge and accept that TellnShare may revoke this license at any moment and without giving any notice for any reason.
Sound recordings and the musical works they contain that are made available from or via the service are not subject to any rights licenses.
You understand and agree that using the Services to view content posted by others is at your own risk. Only general information is offered by the content on our services. It is not meant to be taken as advice you should rely on. Before acting or abstaining from action based on the data provided on our Services, you must seek professional or specialist advice.
We give no assurances that any TellnShare Content (including User Content) is accurate, comprehensive, or current, either explicitly or implicitly. In the event that our Services include connections to websites or other third-party resources, these links are solely being offered for your information. The information on those websites and resources is not under our control. These links shouldn’t be taken to mean that we endorse the websites they lead to or the data you could find there. You understand that we have no obligation to monitor, keep an eye on, go over, or modify any content provided by you or other users on the Services (including User Content).

User-Generated Content

Users of the Services may be allowed to upload, publish, distribute (for example, through a stream), or otherwise make content available through the Services, including without limitation any text, photos, video content, audio recordings, and the music embodied within it, including video content that integrate locally stored audio effects from your personal music library and ambient noise (“User Content”). Users of the services can also use all or just a small amount of user-generated content from other users and combine it with their own to create new user-generated content, including user-generated content made in collaboration with other users. Users of the Services may additionally add TellnShare Elements (as defined and further discussed in the Virtual Items Policy) and other TellnShare-provided elements to this User Content before transmitting it through the Services. We have not reviewed or approved the content and materials contained in User Generated content, including User Content that uses TellnShare Elements. Other users’ opinions on the Services (including those made in connection with the usage of virtual gifts) do not reflect our opinions or values.
You must adhere to the guidelines outlined at “Your Access to and Use of Our Services” above whenever you access or use a feature that enables you to upload or transmit User Content through the Services (including via certain third party social media platforms like Instagram, Facebook, YouTube, and Twitter), or to get in touch with other users of the Services. Additionally, you have the option to upload or transmit your user content on websites or platforms run by other people, including user content that contains TellnShare Elements. If you want to do this, you must adhere to both their content policies and the requirements outlined in the section above titled “Your Access to and Use of Our Services.” As previously mentioned, these features might not be accessible to all users of the Services, and we are not responsible to you if we do so.
You guarantee that any such contribution complies with those standards, and you agree to hold us accountable and indemnify us for any failure to do so. This implies that you will be liable for any loss or harm we sustain as a result of your warranty violation.
Any User Content will be regarded as non-proprietary and non-confidential. Any user content that you believe to be confidential or proprietary may not be posted on the Services or transmitted to us. In order to submit User Content through the Services, transmit it to other third-party platforms, and/or use any third-party content, you must agree and represent that you are the owner of the User Content or that you have obtained all required approval, clearances, or authorization from the owner of any part of the content.
If you merely own the rights to a sound recording and not the underlying musical works that are incorporated in it, you are not allowed to post such sound recording to the Services unless you obtain all necessary consents, clearances, or authorization from the content owner to do so.
By sending User Content to us via the Services, you hereby grant us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual license to use, modify, adapt, reproduce, publish and/or transmit, and/or distribute and to allow other users of the Services and other third parties to view, access, use, download, modify, publish, transmit, and/or distribute the User Content you or the owner of your User Content sends to us.
You also grant us a royalty-free right to use your user name, image, voice, and likeness to identify you as the creator of any User Content. However, you acknowledge that some age restrictions may apply to your ability to submit an image, voice, and likeness.
For the avoidance of doubt, the rights given in the previous paragraph of this Segment include, but are not restricted to, the entitlement to reproduce audio files (and make mechanical recreations of the musical works embodied in such sound recordings), publicly conduct and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis. This means that you are giving us permission to use your User Content without having to compensate any third parties, including but not limited to performing rights organizations (a “PRO”), sound recording PROs (such as SoundExchange), unions or guilds, engineers, producers, or other royalty participants. Examples of these third parties include sound recording copyright owners (such as record labels), musical work copyright owners (such as music publishers), and record labels.
Specific guidelines for music artists and musical works. You must inform your PRO about the royalty-free license you give through these Terms in your User Content to us if you are a composer or author of a musical work and are connected to a PRO. You are solely in charge of making sure you adhere to the reporting requirements of the relevant PRO.If you have assigned your rights to a music publisher, you must either get their approval or have them enter into these Terms with us in order to provide the royalty-free license(s) specified in these Terms for your User Content. The mere fact that you created a musical work (such as a song) does not automatically entitle you to the licenses set out in these Terms. If you are a recording artist who is under contract with a record label, it is your sole responsibility to make sure that your use of the Services complies with any legal commitments you may have to your label. This includes any new recordings you make using the Services that your label might claim are their property.
Through-To-The-Audience Rights. The owners or operators of third party services will not be separately liable to you or any other third party for User Content posted or used on such third party service via the Services because all of the rights you grant in your User Content under these Terms are provided “through-to-the-audience.” As a result, they won’t be responsible for any harm that comes to you or any other third party.
Waiver of User Content Rights. By submitting it to or through the Services, you give up all claims to earlier review or approval of any marketing or promotional materials linked to the User Content. Additionally, you give up all of your rights to privacy, publicity, and other similar rights in relation to your User Content or any portion of it. You hereby disclaim and agree never to assert any and all moral rights, as well as to support, maintain, or allow any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Services, to the extent that any moral rights are not transferable or assignable.
Additionally, we reserve the right to reveal your name to any third party who asserts that any User Content you upload or post on our services infringes on their privacy rights or intellectual property.
At our or their exclusive discretion, we or approved third parties reserve the right to trim, crop, modify, or decline to publish your content. If, in our judgement, your post does not adhere to the content standards outlined at “Your Access to and Use of Our Services” above, we reserve the right to remove, disallow, block, or delete it from our Services. Additionally, we reserve the right, but not the obligation, to remove, disallow, block, or delete any User Content  (i) that we believe to be in violation of these Terms, or (ii) in response to complaints from other users or third parties, with or without prior notice and without any liability to you.Therefore, if you wish to guarantee that you always have access to copies of any User Content that you submit to the Services, we advise you to keep copies of it on your personal device(s). We make no claims as to the truthfulness, moral character, suitability, or excellence of any User Content, and we in no way assume any responsibility for any User Content.
Whether your User Content is made publicly accessible to all other users of the Services or solely accessible to individuals you approve depends on you. If you want to limit who can view your user content, you should choose the privacy setting offered inside the platform.
Regarding user-submitted content that is published by us or by approved third parties, we accept no responsibility.
If you wish to file a complaint about information or materials uploaded by other users, contact us at: [email protected]
Any infringing material that we become aware of is promptly removed from our Services by TellnShare using reasonable procedures. TellnShare’s policy is to disable or suspend the accounts of users of the Services who frequently violate others’ copyrights or intellectual property rights when necessary and at its discretion.
Regardless of what your accompanying communication may suggest, if you choose to contribute by submitting us or our workers any suggestions for products, offerings, attributes, adjustments, improvements, material, improvements, technologies, or content offerings (such as sound, graphics, games, or other types of content), promotional offers, techniques, or product/feature names, or any associated documents, illustrations, computer code, diagrams, or other materials (collectively “Feedback”),  To minimize misunderstandings in the future, the terms listed below will be used. Therefore, by submitting us Feedback, you concur that:
TellnShare is under no duty to examine, take into account, or apply your feedback, or to return all or any portion of your feedback to you for any reason;
The Feedback you offer is non-confidential, and we are not obligated to keep it private or to abstain from using it or revealing it in any form; and
You hereby grant us an irrevocable, perpetual, and unrestricted licence to use, reproduce, distribute, adapt, publicly perform (including through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without limitation, free of charge and without attribution of any kind, including by making, employing, using, selling, offering for sale, importing, and otherwise using and exploiting the Feedback and derivatives thereof.