Fauna Stories websites (“Websites”) and mobile applications (“Apps”) and related services (together with the Websites, the “Service”) are operated by Theta Eleven Ltd (UK Companies House Reg. No: 12165047) (“Fauna,” “us,” or “we”). Access and use of the Service is subject to the following Terms of Use of Service (“Terms of Use”). By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms of Use including any future modifications. Fauna may amend, update or change these Terms of Use. If we do this, we will post a notice that we have made changes to these Terms of Use on the Websites for at least 7 days after the changes are posted and will indicate at the bottom of the Terms of Use the date that these terms were last revised. Any revisions to these Terms of Use will become effective the earlier of (i) the end of such 7-day period or (ii) the first time you access or use the Service after such changes. If you do not agree to abide by these Terms of Use, you are not authorised to use, access, or participate in the Service.
PLEASE NOTE THAT THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS-ACTION LAWSUITS. VIEW THESE TERMS HERE.
The Service allows users to access and use a variety of educational services, including learning or practising a language. Fauna may, in its sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently.
In connection with registering for and using the Service, you agree (i) to provide accurate, current and complete information about you and/or your organisation as requested by Fauna; (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update any registration information you provide to Fauna, to keep such information accurate, current and complete; and (iv) to be fully responsible for all use of your account and for any actions that take place through your account.
As a condition of submitting any ratings, reviews, information, data, text, photographs, audio clips, audio-visuals, translations, question cards or other materials on the Services (“Content”), you hereby grant to Fauna a royalty-free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to the Services. You represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, Fauna, and others as described and otherwise contemplated in these Terms of Use. You understand that other users will have access to the Content and that neither they or Fauna have any obligation to you or anyone else to maintain the confidentiality of the Content.
You represent and warrant to Fauna that your access and use of the Service will be in accordance with these Terms of Use and with all applicable laws, rules and regulations of the United Kingdom and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from the United Kingdom and/or the jurisdiction in which you reside. You further represent and warrant that you have created or own any material you submit via the Service (including Translation Materials, Course Contributor Materials, Activity Materials, and Content) and that you have the right, as applicable, to grant us a license to use that material as set forth above or the right to assign that material to us as set forth below.
You represent and warrant that (1) you are not organised under the laws of, operating from, or otherwise ordinarily resident in a country or territory that is the target or comprehensive U.K. economic or trade sanctions (i.e., an embargo) or (2) identified on a list of prohibited or restricted persons, or (3) otherwise the target of U.K. sanctions.
You will not upload, display or otherwise provide on or through the Service any content that: (i) is libellous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights); or (ii) in Fauna’s sole judgment, is objectionable or which restricts or inhibits any other person from using the Service or which may expose Fauna or its users to any harm or liability of any kind.
You agree to defend, indemnify and hold harmless Fauna and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys’ fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms of Use or otherwise), your breach of any of these Terms of Use, or any claim that any translation we provide to you is inaccurate, inappropriate or defective in any way whatsoever.
Subject to the terms of these Terms of Use, Fauna grants you a non-transferable, non-exclusive license to download, install and use one copy of each App in object code form only on an interactive wireless device that you own or control. You may not derive or attempt to derive the source code of all or any portion of any App, permit any third-party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate any App or any part thereof. Fauna and its licensors own and shall retain all intellectual property rights and other rights in and to the Apps, and any changes, modifications, or corrections thereto. The following Terms of Use apply to you only if you are using the Apps from the Apple App Store. To the extent the other Terms of Use of these Terms of Use are less restrictive than, or otherwise conflict with, the Terms of Use of this paragraph, the more restrictive or conflicting Terms of Use in this paragraph apply, but solely with respect to Apps from the Apple App Store. You acknowledge and agree that these Terms of Use are solely between you and Fauna, not Apple, and that Apple has no responsibility for the Apps or content thereof. Your use of any App must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps. In the event of any failure of any App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Use. You and Fauna acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apps or your possession and/or use of any App, including, but not limited to: (i) product liability claims; (ii) any claim that an App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and Fauna acknowledge that, in the event of any third-party claim that any App or your possession and use of that App infringes that third party’s intellectual property rights, Fauna, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use. You must comply with applicable third-party terms of agreement when using any App. You and Fauna acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Use as they relate to your license of the Apps, and that, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof.
If you purchase an auto-renewing periodic subscription through the Service, your Fauna account will be billed continuously for the subscription until you terminate it as set forth below. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically renew for an additional equivalent period. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your Fauna account and follow instructions to terminate or change your subscription, even if you have deleted your account.
In the Service, you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency,” including but not limited to virtual gems, solely for use in the Service, and (b) “virtual in-app items” (together with “virtual currency,” “Virtual Items”). You are allowed to purchase Virtual Items through the Service, and not in any other way.
Fauna may manage, regulate, control, modify, or eliminate Virtual Items at any time, with or without notice. Fauna may update the pricing of Virtual Items at any time in its sole discretion and may add new Virtual Items for additional fees. Fauna shall have no liability to you or any third party if Fauna exercises any such rights.
The transfer of Virtual Items is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem, or otherwise transfer Virtual Items to any person or entity, including but not limited to Company, another user, or any third party.
You agree to pay all fees and applicable taxes incurred by you or anyone using a Fauna account registered to you. Fauna may revise the pricing for the goods and services offered through the Service at any time. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes if any, relating to any such purchases, transactions, or other monetary transaction interactions.
All financial transactions made in connection with the Service will be processed by a third party in accordance with their respective terms of use, privacy policy, and/or any applicable payment Terms of Use. We encourage you to learn about the practices of such third-party. In no event will Fauna be responsible for the actions or inactions of any third-party payment processor, including, but not limited to, system downtime or payment service outages.
In the event that Fauna suspends or terminates your use of the Service or these Terms of Use or you close your account voluntarily, you understand and agree that you will receive no refund or exchange of any kind, including for any unused virtual currency or other Virtual Item, any Content or data associated with your use of the Service, or for anything else.
The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Fauna. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party website, service, or content from Fauna, you understand that these Terms of Use and our Privacy Policy do not apply to your use of such sites. You expressly acknowledge and agree that Fauna shall not be responsible or liable, directly or indirectly, for any damage or loss arising from your use of any third-party website, service, or content.
The Service may include advertisements, which may be targeted to the Content or information on the Service, or other information. The types and extent of advertising by Fauna on the Service are subject to change. In consideration for Fauna granting you access to and use of the Service, you agree that Fauna and its third-party providers and partners may place such advertising in connection with the display of content or information submitted by you or others.
The service, including all images, audio files and other content therein, and any other information, property and rights granted or provided to you by Fauna are provided to you on an “as is” basis. Fauna and its suppliers make no representations or warranties of any kind with respect to the service, either express or implied and all such representations and warranties, including warranties of merchantability, fitness for a particular purpose or non-infringement, are expressly disclaimed. Without limiting the generality of the foregoing, Fauna does not make any representation or warranty of any kind relating to accuracy, service availability, completeness, informational content, error-free operation, results to be obtained from use, or non-infringement. Access and use of the service may be unavailable during periods of peak demand, system upgrades, malfunctions, scheduled or unscheduled maintenance or for other reasons. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
In no event will Fauna be liable to you or any third-party claiming through you (whether based in contract, tort, strict liability or other theory) for indirect, incidental, special, consequential or exemplary damages arising out of or relating to the access or use of, or the inability to access or use, the service or any portion thereof, including but not limited to the loss of use of the service, inaccurate results, loss of profits, business interruption, or damages stemming from loss or corruption of data or data being rendered inaccurate, the cost of recovering any data, the cost of substitute services or claims by third parties for any damage to computers, software, modems, telephones or other property, even if Fauna has been advised of the possibility of such damages. Fauna’s liability to you or any third-party claiming through you for any cause whatsoever, and regardless of the form of the action, is limited to the amount paid, if any, by you to Fauna for the service in the 12 months prior to the initial action giving rise to liability. This is an aggregate limit. The existence of more than one claim hereunder will not increase this limit.
Fauna may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your Fauna account at any time by following the instructions available through the Service. The provisions of these Terms of Use relating to the protection and enforcement of Fauna’s proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.
All content available through the Service, including designs, text, graphics, images, information, software, audio and other files, and their selection and arrangement (the “Service Content”), are the proprietary property of Fauna or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms of Use. You may not use any data mining, robots, scraping, or similar data gathering or extraction methods to obtain Service Content. As between you and Fauna, all data, information and materials generated from your access and use of the educational activities made available on or through the Service, including content generated by you (collectively, the “Activity Materials”), shall be exclusively owned by Fauna, and you shall not have any right to use such Activity Materials except as expressly authorized by these Terms of Use. Activity Materials will not include Translation Materials. By using the Service, you hereby assign to Fauna any and all rights, title and interest, including any intellectual property rights or proprietary rights, in the Activity Materials. All rights of Fauna or its licensors that are not expressly granted in these Terms of Use are reserved to Fauna and its licensors.
All trademarks, service marks, graphics and logos used in connection with the Service are trademarks or service marks of Fauna or their respective owners. Access and use of the Service do not grant or provide you with the right or license to reproduce or otherwise use the Fauna name or any Fauna or third-party trademarks, service marks, graphics, or logos.
Use of the Service is also governed by our Privacy Policy, a copy of which is located at https://faunastories.com/privacy-policy. By using the Service, you consent to the terms of the Privacy Policy.
Unless you cancel your subscription before the end of the Promotional Period, you will automatically become a recurring subscriber and your Fauna subscription will continue to automatically renew for additional periods equal to the expiring subscription term unless you cancel before the end of the relevant subscription term pursuant to Fauna’s Terms of Use. The payment method you provided will automatically be charged for the then-current subscription price. If you cancel during the Promotional Period, you will lose access to Fauna and you understand and agree that you will receive no refund or exchange of any kind, including for any unused virtual currency or other Virtual Item, any Content or data associated with your use of the Service, or for anything else.
If you are a copyright owner and have a good faith belief that any material available through the Service infringes upon your copyrights, you may submit a copyright infringement notification to Fauna pursuant to the Digital Millennium Copyright Act by providing us with the following information in writing:
Please consult your legal counsel for further details. Fauna’s Agent for Notice of claims of copyright infringement can be reached as follows:
By mail: Fauna App Ltd, 17 Green Lanes, N16 9BS, London, UK
By email: hello@faunastories.com
Governing Law and Arbitration; No Class Action
These Terms of Use, its subject matter and Fauna’s and your respective rights under these Terms of Use, as well as and any claim, cause of action or dispute (“claim”) arising out of or related to these Terms of Use, shall be governed by and construed under the laws of England and Wales, excluding the conflict of law provisions of that or any other jurisdiction, regardless of your country of origin or where you access the Service. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THESE TERMS OF USE OR THE SERVICE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except for Fauna’s right to seek injunctive relief as set forth below. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding.
If you do not want to arbitrate disputes with Fauna and you are an individual, you may opt-out of this arbitration agreement by sending an email to hello@faunastoreis.com within 30 days of the day you first access or use the Service.
If you intend to seek arbitration you must first send written notice to Fauna’s Administration Office of your intent to arbitrate (“Notice”). The Notice to Fauna should be sent by any of the following means:
(i) electronic mail to hello@faunastories.com; or
(ii) sending the Notice by U.K. Postal Service certified mail to Theta Eleven Ltd, Attention: Legal, Theta Eleven Ltd, 17 Green Lanes, N16 9BS, London. The Notice must (x) describe the nature and basis of the claim or dispute; and (y) set forth the specific relief sought; and (z) set forth your name, address, and contact information. If we intend to seek arbitration against you, we will send any notice of dispute to you at the contact information we have for you.
To the fullest extent permitted by applicable law, YOU AND FAUNA EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, YOU AND FAUNA EACH WAIVE ANY RIGHT TO A JURY TRIAL. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and Fauna agree that all claims arising out of or related to these Terms of Use must be resolved exclusively by a court located in England and Wales, and you and Fauna each agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating all such claims. Notwithstanding the above, you agree that Fauna shall still be allowed to apply for and obtain injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
This agreement was originally written in English (UK). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
These Terms of Use constitute the entire agreement between Fauna and you concerning the subject matter hereof. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. A waiver by Fauna or you of any provision of these Terms of Use or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Fauna may assign its rights or obligations under these Terms of Use without condition. These Terms of Use will be binding upon and will inure to the benefit of Fauna and you, and Fauna’s and your respective successors and permitted assigns.
Last revised on October 17th, 2023