Gypsy Tales Membership Agreement

1. Gypsy Tales FZ-LLC Want to join the Gypsy Gang?

Hi, we are Gypsy Tales FZ-LLC, and we are stoked you took the time to visit the terms associated with our Membership Agreement (Agreement). Gypsy Tales is a podcast and membership site with exclusive and add free content among other cool perks which you can read more about at https://www.gypsy-tales.com/membership/. When we refer to Gypsy Tales throughout this Agreement, we mean the membership site.

This Agreement outlines the terms and conditions associated with your use of Gypsy Tales. It is your obligation to ensure that you have read, understood and agree to the most recent terms available here.

1. About this Agreement

By creating a Gypsy Tales Member Account, you agree to comply with and be legally bound by the terms and conditions of this Agreement. If you do not agree to these terms, you have no right to access Gypsy Tales and you will miss out on all the awesome content.

You must not use Gypsy Tales if you are not able to form legally binding contracts or are under the age of 18.

Throughout the Agreement we use some capitalised words and phrases, like the word Agreement. These capitalised words and phrases are defined at the end of this Agreement. They aid to clarify the terms and conditions. Please feel free to contact us via our Website if you have any questions.

1. How long our Agreement lasts

This Agreement will commence when you create an Account for Gypsy Tales and will continue for the Subscription Period or until the date of termination of this Agreement.

If this Agreement is not terminated in accordance with clause 11, prior to the expiry of the then current Subscription Period, this Agreement will automatically renew for a period equal to the current Subscription Period.

1. Accessing Gypsy Tales

We grant you a non-transferrable, non-exclusive and revocable licence to Gypsy Tales, access the content within and take advantage of some great perks for the Subscription Period, subject to the terms and conditions of this Agreement.

We reserve the right to limit or suspend your licence to access Gypsy Tales if you fail to pay the Subscription Fee, or if in our reasonable opinion, you are in breach of any of your obligations or warranties in this Agreement. Suspending your Account will not constitute a breach of this Agreement by us, nor will it alter your obligation to pay the Subscription Fee.

You acknowledge and agree Gypsy Tales will only be accessible using the internet, by users with a valid Account.

1. Your Subscription Fees allow us to keep rolling out awesome content

When you subscribe to Gypsy Tales you agree to pay the Subscription Fee immediately upon signing up and at the beginning of each Subscription Period until this Agreement is terminated and you retire from the gypsy gang.

Unless expressed otherwise, Subscription Fees are quoted in US Dollars. You are responsible for all bank fees and charges applied by the payment gateway provider, which you choose to use.

1. Maintenance of Gypsy Tales

Everything needs maintenance including Gypsy Tales. So, it may be necessary to interrupt your access from time to time. Where we can, we will provide you with reasonable notice of when, and the anticipated duration for which, Gypsy Tales will be unavailable.

You agree that we are not liable for any loss, foreseeable or not, arising from any interruption to access, planned or not, and any such interruptions will not constitute a breach by us of these terms.

1. Your use of Gypsy Tales
   
   1. Joining the gypsy gang

In order to access Gypsy Tales, you are required to provide us with Personal Information and create an Account.

You agree to provide any information reasonably requested by us for the purpose of setting up your Account. You warrant that all of the information you provide to us is accurate and complete in all respects, you will inform us by updating your Account details whenever any such information changes and you will not provide false or misleading information.

We reserve the right to reject any new Account in our absolute discretion.

1. 1. Account security

Maintaining the security of your Account is important to ensuring your Personal Information, and that data which we process on your behalf, remains safe. We work hard to keep Gypsy Tales secure and we ask you to contribute.

You agree not to disclose your Account security credentials to another person or permit them to access your Account. You are responsible for the activities undertaken using your Account which occur via Gypsy Tales, whether such activities are authorised by you or not. So, don’t go sharing your account details with your mates otherwise we might kick you from the gang, block your IP address and never let you back in.

1. 1. Lawful use of Gypsy Tales

You undertake not to upload, store or access any data on Gypsy Tales if such access or storage would infringe a person’s Intellectual Property right or breach any other law or applicable code (including any common law, statute, delegated legislation, rule or ordinance of the Commonwealth, or a State or Territory of Australia, or the jurisdiction in which you reside).

1. 1. Conduct which we just won’t tolerate

You must not:

1. 1. 1. use Gypsy Tales directly or indirectly for any activity or transmit any information or material unlawfully, or which is obscene, indecent, uses offensive language, defames, abuses, harasses, stalks, threatens, menaces or offends any person;
      2. use any screen capture, data mining, robot, crawler or similar data gathering, reproduction or data extraction tools to collect information from Gypsy Tales or our Website for any purpose including for duplicating, broadcasting or otherwise distributing Gypsy Tales content;
      3. intentionally disable or circumvent any protection or disabling mechanism of Gypsy Tales;
      4. use Gypsy Tales in any way which could be reasonably expected to interfere with or damage our systems, any other operator’s systems, or another user’s enjoyment of Gypsy Tales;
      5. use Gypsy Tales in connection with a breach of any law in Australia or the jurisdiction in which you operate; or
      6. attempt, facilitate or assist another person to do any of the above acts.
2. Content release and live and streaming events

We make no representations regarding the frequency or timing of content releases or the delivery of live streamed events. Any scheduling we release is indicative only.

We reserve the right to reschedule the release of content and any live streamed events including by making recordings of the events and distributing them to members at a later date. The rescheduling of events does not affect your liability to make payment of the Subscription Fees.

1. Members only merchandise drops, discounts and competitions

We make no guarantees or promises with respect to the inventory volumes or the frequency of merchandise drops, other than those representations made on our Website from time to time. To take advantage of our early access or exclusive members only merch, get in quick so you don’t miss out.

From time to time we may offer members discounts, coupons, gift cards or members only competitions. The terms and conditions of use or entry, as the case may be, are set out on our Website and apply strictly to that instance, coupon or competition.

1. Your use of our social media channels

You are not required to make use of our social media channels, however, if you do, you acknowledge and agree that we reserve the right to remove any person, including Gypsy Tales members whose conduct is inconsistent with our reasonable conduct standards as determined by us in our sole discretion.

You agree not to upload material that is threatening, defamatory, inflammatory, vulgar or otherwise objectionable, which infringes another person’s Intellectual Property rights or breaches any other law.

We reserve the right to limit or suspend your access to our social media channels if in our reasonable opinion, you are in breach of any of your obligations or warranties contained in this Agreement or breach the group rules set out in our social media channels.

1. Privacy

You agree and consent to us handling your Personal Information in accordance with our Privacy Policy. We may amend our Privacy Policy in our sole discretion.  If we amend our Privacy Policy, we will post the new version on our Website.

1. Our content is our Intellectual Property

We warrant we own or have a licence to use the Intellectual Property in Gypsy Tales.

If you provide us with content, including, without limitation, text, photos, images, audio, video or any other materials (User Content). Your User Content stays yours. This Agreement does not transfer ownership of your User Content to us.

When you provide User Content, you grant us a non-exclusive, worldwide, perpetual, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with Gypsy Tales), communicate, publish, publicly display, publicly perform and distribute User Content for the purposes of allowing us to provide, improve, promote and protect Gypsy Tales. You waive any claims against us relating to any moral rights or similar rights worldwide that you may have in the User Content.

You represent that you own all rights to your User Content or otherwise have (and will continue to have) all rights and permissions to legally use, share, display, transfer and license your User Content to the extent that it is used within Gypsy Tales.

While we reserve the right to take down any User Content which is in breach of this Agreement, you acknowledge and agree we are not required to monitor User Content, nor are we responsible for it.

You must not do any of the following, assist anyone to do any of the following or permit any person over whom you have effective control to:

1. 1. 1. create an adaptation or translation of, all or part of Gypsy Tales in any way;
      2. use Gypsy Tales in a manner which may infringe our or any other persons Intellectual Property;
      3. broadcast any part of Gypsy Tales on YouTube or any other streaming service; or
      4. incorporate all or any part of Gypsy Tales on any other webpage, site or other digital or non-digital format; or
      5. except to the extent that reproduction occurs automatically through Gypsy Tale’s ordinary use, directly or indirectly duplicate or otherwise obtain, modify or use any Gypsy Tales content.
2. Limitation of liability and warranties
   
   1. Warranties

We aim to provide the best possible content and deliver other member benefits, however, subject to the Non-excludable Conditions, we make no warranties or guarantees that Gypsy Tales is fault free, or regarding your access to, or the results of your access to Gypsy Tales including the content’s accuracy, timeliness, completeness, reliability or otherwise.

1. 1. Implied Conditions

We expressly exclude all conditions, warranties and other terms which might otherwise be implied by any law, regulation, statute, common law or law of equity except any Non-excludable Condition.

1. 1. Limits to liability

Where a Non-excludable Condition is deemed to apply, to the fullest extent possible under the law, we limit our liability for any breach to:

1. 1. 1. in the case of goods: the re-supply of the goods or payment of the cost of the re-supply of the goods, or the replacement or repair of the goods or payment of the cost of replacement or repair of the goods; and
      2. in the case of services: the resupply of the services or the payment of the cost of having the services resupplied.
   2. Indemnity

You indemnify us against all costs suffered or incurred by us, however caused, arising wholly or partially, directly or indirectly, in connection with this Agreement or your use of Gypsy Tales, including any costs arising from your breach of this Agreement, your infringement of any third party Intellectual Property rights associated with this Agreement, any harm to, claim or action by a third party (including to that third party’s personal property) which arise directly or indirectly from your use of Gypsy Tales and your breach of any law.

1. Termination, we will be sorry to see you leave

Either party may terminate this Agreement by providing the other party notice in writing. Termination will take effect, at the end of the then current Subscription Period.

We may terminate this Agreement immediately if you commit a material breach of this Agreement and the breach is incapable of being remedied or if the breach is capable of being remedied, the party in breach has failed to remedy the breach within 14 days after the receipt of notice to remedy.

Upon termination you must immediately stop using Gypsy Tales, delete any content which you may have stored, and we reserve the right to erase any data associated with your Account. But hey, if you just wanted a break or were a bit short on cash, we understand, and you can always come back, unless we terminated because you breached the terms of this Agreement.

1. General

Assignment – We may assign, encumber, declare a trust over or otherwise create an interest in our rights in this Agreement without your consent.

Entire Agreement – This document contains the entire agreement between the parties about its subject matter.  Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by this document and has no further effect.

Governing law – The laws of the United Arab Emirates govern this Agreement. The parties submit to the non-exclusive jurisdiction of courts exercising jurisdiction there.

Interpretation – “including”, “includes” or any derivation of those words does not limit the matter in question to the things specifically mentioned in the applicable context; headings are for convenience and will not affect interpretation; and if a party is described as having discretion in a matter, the discretion in that matter will be interpreted as sole and absolute.

Severability – Any provision of this document which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make this document enforceable, unless this would materially change its intended effect.

Variations to this Agreement – We may vary this agreement by giving one month written notice to you. If you do not accept the terms of the variation you may terminate your subscription in accordance with clause 3.

1. Definitions

Unless the terms and conditions of the Agreement state otherwise, the following expressions used in this Agreement have the following meanings:

Account or Gypsy Tales Account means the username and access credentials used when you access Gypsy Tales.

Agreement means these terms and conditions and any document incorporated into them by reference.

Intellectual Property means all present and future rights conferred by statute, common law or equity (and all moral rights) in or in relation to business names, domain names, circuit layouts, computer code, confidential information, copyright, designs, formulas, inventions, knowhow, patents, plant varieties, recipes, trade marks, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic field, the benefit of any application to register such a right and the benefit of any renewal or extension of such a right.

Non-excludable Condition means any guarantee, condition or warranty which cannot by law be excluded.

Personal Information means information or an opinion about an identifiable individual (not a company), whether or not that information or opinion is true or in a material form.

Privacy Policy means the privacy policy available on our Website as amended by us from time to time.

Subscription means the subscription package advertised on our Website from time to time setting out the Subscription Fee, Subscription Period and the perks you receive for becoming a gypsy gang member.

Subscription Fee means the monthly price for the Gypsy Tales Subscription as set out on our Website.

Subscription Period means the period of time you subscribe for as set out in the Subscription detail.

User Content takes its meaning from clause 11.

Website means the website located at https://www.gypsy-tales.com/ and any of its subdomains.

You or your means the person or entity using Gypsy Tales