My Tiny Planets - Alpha Demonstration

MY TINY PLANETS
TERMS AND CONDITIONS

Welcome to the My Tiny Planets terms and conditions (“Terms”). These Terms govern the use by you ("you", "your", "yours" and "Subscriber") of our website www.mytinyplanets.com (the “Website”). The Website is operated by MyTinyPlanets Limited of Buckingham House, West Street, Newbury, Berkshire RG14 1BR ("MyTinyPlanets," “we”, “us”, “our”). The Website is a light-hearted, fictional look at outer space, aimed at children.

Please read the Terms carefully before using or allowing the child for whom you are responsible to use the Website and before you create a subscriber account for yourself or on behalf of your child. Please also read our Privacy Policy which you can find here

We are willing to license and allow use of the Website to you only on the condition that you accept all of the Terms. Accordingly, by clicking “I Agree” on the button below, you agree to be bound by Terms. The Terms will form a legally binding agreement between you and us when you click the “I Agree” button or otherwise access and use any part of the Website.

We will update these Terms from time to time and any changes we make will be in our sole discretion. However, we will endeavour to provide notice of any changes on the Website. We may also send email notification to those who have registered as Subscribers. It is your responsibility to check this page of the Website periodically for any changes we might make. If you permit your child to continue to use the Website after changes to the Terms have been made you will be deemed to have accepted the changes.

1. Unacceptable Content

1.1 Please explain to your child that he/she should think carefully about the information that he/she posts on the Website.

It must not identify them.

It must not identify anyone else.

It must not be harmful to others in any way.

1.2 There is a list of examples of inappropriate content and activity below in Section 4. These are examples only and it is therefore not an exhaustive list of all content and activities that may be inappropriate. Please tell your child: "If in doubt, do not upload or post it".

1.3 If your child is under 13, we ask that as a parent or guardian you supervise their time spent on the Website at all times. We do not accept any responsibility for any material placed on the Website by users of the Website or for any review thereof.

1.4 If you become aware of misuse of the Website please contact the Moderators or click on the link Notify Moderators to report any user/generated content.

1.5 We are not responsible for screening, policing, editing, or monitoring your postings or content. But, we reserve the absolute right to reject or refuse to post or to remove any content (whether in whole or in part) of whatever nature from the Website. We also reserve the absolute right to restrict, suspend or terminate a subscriber account or any part of the services on the Website at any time, for any reason and without notice. Please read the section below “Moderation of Content” for more information.

2. Membership

2.1 You may give us notice that you are terminating membership of the Website at any time and for any reason by taking the steps at Cancel Citizenship. If you terminate your membership it will terminate as of the end of the then current subscription period. We do not offer or make refunds in respect of unused subscriptions, whether in whole or in part.

2.2 While we will endeavour to provide the Website to you, you acknowledge and agree that we may cease to make the Website available at any time. We may also terminate your membership without notice and with immediate effect at any time in the event you breach any of these Terms or the Website is no longer operational.

2.3 These Terms shall remain binding between you and us for as long as you subscribe to and/or access the Website on behalf of a child or on your own account.

3. Rights in Content

3.1 You represent and warrant that you will provide, at all times, true, accurate, and complete information when submitting information or materials on the Website and that you own or have all rights in any and all content posted on the Website by you/your child or that you are otherwise entitled to let us use it on the Website. If you do not own content or have the relevant permission for it to be used in this way, please do not post it on the Website or allow others to post it on the Website. We take the issue of third party intellectual property rights and their misuse extremely seriously. You therefore agree to allow us to remove immediately and without notice any unlawful content and you also agree to indemnify and hold use harmless and pay all sums of money which we become liable to pay or which are claimed by any party as a result of you or your child unlawfully posting content on the Website. By submitting content or information of any type (a "Posting") to this Website or other portion of this Website or by otherwise using the Website to transmit or display a Posting, you (or your parent if submission is on behalf of or for a child) automatically grant MyTinyPlanets a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such content or information (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. You also acknowledge that such submissions are non-confidential for all purposes. Notwithstanding this right and license, it is understood that by merely permitting your information, content, and materials to appear on this Website MyTinyPlanets has not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable you to provide and display a Posting. MyTinyPlanets assumes no responsibility for the deletion of or failure to store any Posting.

3.2 All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained or available on the website, unless otherwise indicated, are owned, controlled, and licensed by us and are protected by law, including, without limitation, intellectual property laws. The Website also contains certain content which is used under licence by us and which is subject to intellectual property rights such as copyright and trade mark rights, and related proprietary rights. We retain all rights in such content and in the Website. When you subscribe to or use the Website we grant you a revocable, non-exclusive, limited, non-sublicensable, right only to reproduce any Website content for your own personal, non-commercial use and only in connection with the viewing of and participation in the Website and activities on the Website and in accordance with any rules and restrictions on such use that may appear on the Website from time to time, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. These terms provide only a limited license and is not an assignment or sale. We reserve all rights not expressly granted.

3.3 From time to time the Website will contain certain content which is owned by third parties. Please respect all such third party content and the intellectual property rights in it. You may not copy, change, adapt, translate, publish, make available to others or otherwise use such third party content unless we specifically say so in writing and even then, only in the specific manner that we permit you to do so, in accordance with any rules and restrictions that may appear on the Website from time to time. We are not responsible for such content or any messages that such content conveys.

3.4 We may remove or prevent access to any content of whatever nature that in our sole opinion:

(a) goes against these Terms;

(b)is offensive and/or illegal;

(d) which threatens the safety of any person.

3.5 You are solely responsible for the content that you post, or a child for whom you are responsible posts, on the Website. We are not responsible for any act or omission carried on by users of the Website. As noted below, we do not review content before it is posted. Accordingly, content posted on the Website does not necessarily reflect our views or opinions and we therefore do not endorse it or the individual(s) who post(s) it. Moreover, we make no warranty, representation or any other statement regarding the accuracy or availability of such content or any other material, information or any other data of whatever nature posted by or another user, or which otherwise appears on the Website as result of your or another user's actions.

4. Prohibited Content and Activity

4.1This section contains a non-exhaustive list of unacceptable content and activity on the Website. The list is non-exhaustive because we reserve the right to remove any content from the Website. Such content includes, without limitation, the usernames and passwords created by you. We also reserve the right to terminate or to suspend membership of the Website and to prevent access to the Website until further notice if the user is not acting in the spirit and in accordance with the ethos of the Website, for example when a user in our sole opinion is using unacceptable behaviour on the Website. In such circumstances, we will remove any such content without notice to the user(s) concerned and may take further action against or in respect of such user(s) including contacting the relevant authorities and/or other third parties in respect of content that, in our sole opinion:

(a) is offensive or off-topic for a designated forum

(b) promotes racism, terrorism, hatred, bullying (whether verbal, physical or both) or physical harm of any kind;

(d) is sexual;

(e)is menacing or threatening;

(f) makes available personally identifiable information;

(g) solicits personal information or otherwise encourages others to post or to solicit personal information;

(h) promotes information that is slanderous, defamatory, libellous or is otherwise false;

(i) promotes or otherwise encourages any illegal, fraudulent, or unlawful activity of whatever nature wheresoever in the world;

(j) is connected with the transmission of unsolicited communications;

(k) is commercial in nature or relates to commercial activities;

(l) changes the appearance of the Website or any part of it;

(m) is created with the intention of, or has the effect of, interrupting or disrupting the Website, its services or any part of either of the foregoing or otherwise contains malicious code, viruses, or corrupted files; or

(n) makes available or transmits any bug, corrupt data, virus, trojan horse or any other like program or other program designed to unlawfully corrupt or manipulate data.

4.2 Unless expressly authorised in writing by us, you may not hyperlink to or hyperlink from the Website and you may not use a web crawler/web spider or other like computer program or software to browse the Website or to create copies of one or more pages of the Website or any of its content. Moreover, you may not (i) attempt to gain unauthorised access to any portion or feature of the Website or any other systems or networks connected to the Website or to our server(s) or to any of the services offered on or through the Website, by hacking, password "mining," or any other illegitimate means, (ii) probe, scan, or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website, (iii) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or our systems or networks or any systems or networks connected to the Website, or (iv) disguise your identity or the origin of any message or transmittal you send to MyTinyPlanets on or through the Website.

5. Moderation of Content

We are not responsible for moderating content before it is posted on the Website. But, we reserve the right to monitor the Website, review the content, and remove the relevant content as appropriate at any time. Decisions made by us with respect to any content are final and will not be discussed with the user or with a user's parent/guardian. For more information regarding the moderation policy, click here

6. Notice and Take-down Policy

6.1 If we are informed or if we suspect that any material posted on the Website infringes, violates, or misappropriates the intellectual property or other proprietary rights of any third person or is otherwise unlawful, then we shall have the right to immediately remove such material from the Website. We also reserve the right to remove any material submitted which we consider, in our absolute discretion, to be offensive, insulting, defamatory, obscene, indecent, objectionable or otherwise inappropriate or which is posted in breach of these Terms.

6.2 You agree that you shall indemnify us against any loss, liability, claim, damage or expense incurred by us arising out of any breach by you of this Section 6.

7. Disclaimer

7.1 The Website is a light-hearted, fictional look at outer space, aimed at children. Please treat it as such and encourage others to treat, and to use it, as such.

Although we will endeavour to provide accurate information, please note that we are not responsible for:

(a) any incorrect or inaccurate information on the Website;

(b) the content or operation of any other websites, including websites to or from which, the Website is linked;

(d) interruptions to communications lines, unauthorised access to, or alteration of, or any other problem relating to any communication or provision thereof whatever nature including but not limited to interruptions to communications systems whether in the whole or in the part of any telephone lines, computer or other online/Internet systems, computer equipment (of whatever nature) and any email service or system;

(e) any failure or delay in the use of any component of the Website including any unavailability of the Website irrespective of the duration of any period of unavailability;

(f) any content posted on or through the Website or any part of such content; or

(g) ensuring compatibility of your computer and communications transmission systems with the Website and services offered on the Website.

7.2 The Website is provided on an “as is” and "as available" basis. We make no warranties or representations, express or implied, of any kind as to the Website or to its content including but not limited to availability of the Website, or any part thereof, at any time. We expressly disclaim any warranty of merchantability, infringement, or fitness for a particular purpose and do not promise or guarantee any results or outcomes from use of the Website. MOREOVER,TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF UTILIZATION OF THIS WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF MYTINYPLANETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITATION OF THE FOREGOING, THE TOTAL LIABILITY OF MY TINY PLANETS OR ANY PARENT OR SUBSIDIARY FOR ANY REASON WHATSOEVER RELATED TO USE OF THE WEBSITE OR FOR ANY CLAIMS RELATING TO THESE TERMS SHALL NOT EXCEED $10,000 (USD).

7.3 Although we may take down the Website or any part of it at any time, in our sole discretion and without notice to you, we will try to ensure that the non-availability of the Website or any part of it happens for reasons of maintenance or due to non-availability of any communications method used for its operation in whole or in part unless your access is otherwise terminated or suspended in accordance with these Terms.

8. Indemnity

You agree to indemnify us, keep us indemnified in respect of, and hold us harmless from, any loss, claim, expense (including but not limited to legal expenses) legal proceedings and any and all other claims brought against, threatened to be brought against, or otherwise incurred by, us with respect to your violation of these Terms. You agree to cooperate with us in the defence of any claim, and you acknowledge and agree that we reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.

9. Choice of Law and Jurisdiction

These Terms shall be governed in accordance with the laws of England and Wales and the Courts of England and Wales shall have exclusive jurisdiction in respect of any and all disputes arising from these Terms. We operate from our offices in England. We make no representation that the Website is appropriate or available for use in any particular location. Those who choose to use this Website do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

10. Miscellaneous

Additional notices, terms, and conditions may apply to the subscription process, participation in a particular program, your registration with the Website, and/or to specific portions or features of the Website, all of which are made a part of these Terms by this reference. You agree to abide by such other notices, terms, and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such program, service, or feature. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Website, including any areas to enable the on-line purchase of items or for any program or service offered on or through the Website, the latter terms shall control with respect to your use of that portion of the Website. MyTinyPlanets's obligations, if any, with respect to its services, programs, and/or products are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing on this Website should be construed to alter such terms, conditions, notices, and agreements.

Registration as a Subscriber with the Website requires both log-in information and an activation code (to be provided by MyTinyPlanets). You should consider your log-in information and your activation code as personal information. Only one Subscriber can use one activation code. Doing so insures that only you will be able to access your user account on MyTinyPlanets.com. Anyone with knowledge of both your log-in information and activation code can gain access to the restricted portions of this Website and to your profile. Accordingly, by using this Website, you agree to keep your log-in information and activation code confidential. You also agree not to use another Subscriber's log-in information and activation code. You will immediately notify MyTinyPlanets if you become aware of any loss or theft of your activation code or any unauthorized use of your log-in information and activation code. MyTinyPlanets cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. MyTinyPlanets reserves the right to delete or change an activation code at any time and for any reason.

MyTinyPlanets considers your personal identifying information to be private and operates this Website by keeping any collected personal identifying information confidential. Nevertheless, you understand, acknowledge, and agree that the operation of certain portions of the Website requires the submission, use, and dissemination of various personal identifying information. Accordingly, if you wish to access and use those areas of the Website, you acknowledge and agree that your use of this Website will constitute acceptance of MyTinyPlanets’s personal identifying information collection and use practices. Please see MyTinyPlanets’s Privacy Policy for a summary of MyTinyPlanets’s personal identifying information collection and use practices.

MyTinyPlanets welcomes your feedback and suggestions about how to improve this Website. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to MyTinyPlanets, you represent and warrant that such feedback does not infringe the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey such feedback to MyTinyPlanets. In addition, any feedback received through this Website will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for MyTinyPlanets to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.

Failure to insist on strict performance of any of these Terms will not operate as a waiver of any subsequent default or failure of performance. No waiver by MyTinyPlanets of any right under these Terms will be deemed to be either a waiver of any other right or provision or a wavier of that same right or provision at any other time. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms shall continue in effect.

No joint venture, partnership, employment, or agency relationship exists between you and MyTinyPlanets as result of these Terms or your utilization of this Website. These Terms, MyTinyPlanets’s Privacy Policy, and any related or associated service, subscription, or license agreements, which are all hereby incorporated by reference as if set forth fully herein, represent the entire agreement between you and MyTinyPlanets with respect to use of the Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and MyTinyPlanets with respect to this Website.