STORYFUTURES AUDIENCE PANEL – TERMS OF USE

These terms and conditions govern your use of and participation with the StoryFutures Audience Panel, and your submission of survey responses through it. By participating in the Audience Panel, you confirm that you are 18 years of age or older, and you are deemed to have accepted these terms and conditions as a contract with StoryFutures.

  1. DEFINITIONS

StoryFutures” means the StoryFutures Creative Cluster at Royal Holloway, University of London, Egham, Surrey TW20 OEX

You” means the person agreeing to these Terms of Use

“Platform” means the digital platform operated and made available by StoryFutures through which you can access certain Content and participate in the Audience Panel

Content” means interactive entertainment software made available to you through the Platform

Audience Panel” means a survey provided by StoryFutures in which you can answer questions about your use of the Content, to be provided online through the Platform, by telephone call, by videoconference, or through any means of communication determined by us

"Intellectual Property Rights" means all copyright, patents, database rights, registered and unregistered design rights, trade marks and applications for any of the foregoing, together with all trade secrets, know-how, rights in confidential information and other intellectual and industrial property rights in all parts of the world

  1. ACCESSING CONTENT FROM THE PLATFORM

2.1. We may, from time to time, invite you to access the Platform to interact with certain items of Content that we have determined may be of interest or otherwise be relevant to you.

2.2. You acknowledge that StoryFutures may not be the creator of any given piece of Content, and that it may have been developed by a third party with which StoryFutures is collaborating.

2.3. If you accept our invitation to interact with any given item of Content, we will provide you with access to that Content for a limited period of time.

2.4. You acknowledge that certain items of Content may require you to have access to specific hardware (e.g. augmented reality or virtual reality headsets, or a computer with a particular specification). It is your sole responsibility to provide and maintain such hardware at your own cost.

2.5. You acknowledge that certain items of Content may require a large download or a certain minimum streaming bandwidth. It is your sole responsibility to ensure that your hardware and internet connection can accommodate such a download. You remain liable for any data charges that you may incur in accessing any item of Content.

2.6. You agree that you must treat your access to any item of Content and your participation with the Platform as confidential. You must not make any public statement about any Content which you have had access to through the Platform, including on social media, without our prior approval.

2.7. You must not share any Content which you have downloaded with anyone else.

2.8. You are responsible for deleting any item of Content which you have downloaded from the Platform upon the expiry of the permitted access period. You agree that we may monitor any use of Content after the expiry of the permitted access period, and any unauthorized use of any Content will automatically disqualify you from future participation with the Platform.

2.9. You agree that in return for your access to any given item of Content, you will participate in the Audience Panel corresponding to that item of Content, during which you will be asked questions about your experience with that item of Content, and other related questions.

2.10. When you have successfully completed an Audience Panel for a particular item of Content (to our reasonable satisfaction), we may offer you as a gesture of goodwill (and at our sole discretion) a gift voucher (valid in the United Kingdom only) to acknowledge your participation in the Audience Panel. You agree that you have no right to receive any gift voucher. You must provide us with a current email address in order to receive such a gift voucher. We make no guarantee that any gift voucher that may be provided to you will be valid for any given retailer.

2.11. You acknowledge that StoryFutures offers no guarantee that you will be invited to participate with the Platform at all, and that StoryFutures has the right to remove you from participation in the Platform and any Content or any Audience Panel at any time for any reason at its sole discretion.

  1. INTELLECTUAL PROPERTY RIGHTS AND USAGE OF THE PLATFORM AND CONTENT

3.1. These terms and conditions do not constitute an assignment or licence of any Intellectual Property Rights in the Platform or any item of Content to you, except such limited licence as you may reasonably require to access and use the Platform, to use the items of Content made available to you for the limited period of time notified to you, and to participate in any Audience Panel.

3.2. You agree to use the Platform and any Content in accordance with any reasonable use levels we may notify to you from time to time. You may use the Platform only as permitted in these terms and conditions.

3.3. You confirm that all information you provide to us is accurate, up-to-date, and complete to the best of your knowledge. You understand that your personal data you provide to us may be processed in connection with your use of the Platform. For more information on that, please see our privacy policy at www.sfpanel.com/privacy.

3.4. You hereby assign to us all Intellectual Property Rights in any answers you provide to us during your participation in the Audience Panel.

3.5. You agree not to abuse your access to the Platform, or make access to your account on the Platform or any Content to which you have been given access available to any third party.

3.6. You are solely responsible for all use of the Platform through your account. You must keep your username and password for the Platform confidential. We are not liable for any loss that you may incur if a third party uses your password or account.

3.7. We may suspend your access to the Platform if you are using the Platform or any Content in a manner that is likely to cause harm to us or other users of the Platform, or which is in breach of these terms and conditions.

  1. WARRANTIES & LIABILITY

4.1. These terms and conditions set out the full extent of our obligations and liabilities in respect of the Platform and any Content being made available to you. To the maximum extent permitted by applicable law, all conditions, warranties or other terms concerning our provision of the Platform and the Content to you which might otherwise be implied into a contract are expressly excluded.

4.2. We do not represent or warrant that your use of the Platform or any Content will be uninterrupted or error-free, or that the Platform or any Content meets any particular standards or expectations. Your use of the Platform and any Content is at your sole risk. Our entire liability to you under these terms and conditions in any way whatsoever shall be limited to £100.

4.3. All Content is made available to you “as is”, with no warranty or indemnity in relation to any Content being fit for purpose, or being playable on any given piece of hardware. Content made available to you may include errors or bugs, and you agree to notify us of those promptly upon finding them. We accept no liability for any viruses, malware, trojan horses, ransomware, or other similar software which might be included in the Content. We shall endeavour to prevent that occurring, but you remain solely responsible for taking all reasonable measures to have up-to-date anti-virus and anti-malware software on your device.

4.4. Nothing in these terms and conditions will (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit any liability of a party in any way that is not permitted under applicable law; or (d) exclude any liability of a party that may not be excluded under applicable law.

4.5. We will not be liable to you in respect of physical injury that might arise during or as a result of any interaction with any Content. You acknowledge that you are responsible for ensuring that you are in an appropriate physical condition to use any augmented or virtual reality products, and you must take all reasonable precautions to avoid injury. You are responsible for providing all appropriate equipment and apparel for your use of the Content.

4.6. We will not be liable to you in respect of any special, indirect or consequential loss or damage.

4.7. You hereby indemnify us and undertake to keep us indemnified against all and any liabilities, losses, damages, expenses and costs (including legal expenses and amounts paid in settlement of any demand, action or claim) arising, directly or indirectly, out of a breach by you of any of your obligations under these terms and conditions.

  1. TERMINATION

5.1. These terms and conditions may be terminated immediately by either party for failure of the other party to comply with any material term of these terms and conditions, unless the failure to comply has been remedied within 30 days of notification of such failure.

  1. OTHER PROVISIONS

6.1. We are entitled to amend or vary these terms and conditions from time to time at our sole discretion. We will notify you of any change which materially affects your rights and obligations.

6.2. We are entitled to assign or license all of the rights granted to us under these terms and conditions to any third party. You shall not be entitled to assign or sublicense your rights under these terms and conditions.

6.3. If any provision or part-provision of these terms and conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this section shall not affect the validity and enforceability of the rest of these terms and conditions.

6.4. These terms and conditions and the documents referred to in them constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

6.5. These terms and conditions shall be governed by the laws of England and the parties submit to the exclusive jurisdiction of the courts of England in relation to any disputes arising under them.