Terms and Conditions of Use
1.1. These terms and conditions (“Terms”) govern the use of the various online products, games, applications and other services (the “Services”) made available to users (“you”, “your”) by TutoToons Limited and its subsidiaries and affiliates (“we”, “our” or “TutoTOONS”).
1.2. Please read these Terms carefully before using any of the Services. By using the Services, or by clicking on a box or a link that states that you accept or agree to these Terms, you signify your agreement to these Terms. Accordingly, if you disagree with these Terms or with any part of these Terms, you must not use our Services.
1.3. If you are a parent or guardian and you have provided your consent to your child’s registration with any of the Services, you agree to be bound by these Terms with respect to their use of the Services.
2. Intellectual property rights
2.1. All information, materials, functions and other content and applications (“Content”) in or on our Services, as well as all trademarks, service marks, trade names or any other intellectual property, are owned and controlled by us or our licensors.
2.2. We may change or delete the Content or features at any time, in any way, for any or for no reason.
2.3. You acknowledge and agree that nothing in these Terms shall have the effect of transferring the ownership of any trademarks, service marks, trade names or other intellectual property rights in or on our Services or Content, or any part thereof, to you or to any third party.
3. License to use the Services
3.1. No Content may be used, edited, transmitted, distributed or otherwise modified in any way, except as expressly permitted by the provisions of these Terms.
3.2. Where the Services are configured to enable the downloading of particular Content, you may download one copy of such Content to a single mobile device or computer for your personal, non-commercial home use only, provided that you make no modifications to, and do not lease, rent, distribute, sell, copy or create any derivative works based on the downloaded Content.
3.3. You may only use the Services for your own personal purposes and you must not use our website for any other purposes.
3.4. We reserve the right to restrict access to the Services at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures placed on our Services.
3.5. We do not guarantee that any Content or Service will be available at all times or at any given time, or that we will continue to offer particular Content or Services for any particular length of time. We reserve the right to change and update the Content and Services without providing a notice to you. We may find it necessary to update certain parameters to balance the game play and usage of the Services. These updates may affect the characters, games, groups or other achievements earned, completed, or under your control. We reserve the right to make these updates and we are not liable to you for these changes.
4. Acceptable use
4.1. You must not:
4.1.1. use our Services in any way, or take any action that causes, or may cause, damage to the Services or an impairment of the performance, availability or accessibility of the Services;
4.1.2. use our Services in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
4.1.3. use our Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
4.1.4. conduct any systematic or automated data collection activities (including, but without limitation to scraping, data mining, data extraction and data harvesting) on or in relation to our Services, without our express written consent.
4.2. You must ensure that all the information you supply to us through our Services, or in relation to our Services, is true, accurate, current, complete and non-misleading.
5. Your content
5.1. In these Terms, “your content” means all works and materials (including, but without limitation to text, graphics, images, audio materials, video materials, audio-visual materials, scripts, software and files) that you submit to us or to our Services for the storage or publication on, processing by, or transmission via, our Services.
5.2. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt and with your specific consent, to publish and distribute your content in any existing or future media.
5.3. You grant to us the right to sub-license the rights that are licensed under Section 5.2.
5.4. You grant to us the right to bring an action for an infringement of the rights licensed under Section 5.2.
5.5. You may edit your content to the extent permitted by using the editing functionality made available on our Services.
5.6. Without prejudice to our other rights under these Terms, if you breach any provision of these Terms in any way, or if we reasonably suspect that you have breached these Terms in any way, we may delete, unpublish or edit any or all of your content.
5.7. You warrant and represent that your content will comply with these Terms.
5.8. Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to a legal action against any person (in each case, in any jurisdiction and under any applicable law).
5.9. Your content, and the use of your content by us in accordance with these terms and conditions, must not:
5.9.1. be libellous or maliciously false;
5.9.2. be obscene or indecent;
5.9.3. infringe any copyright, trademark right, design right, right for passing on, or other intellectual property right;
5.9.4. infringe any right of privacy or right under the data protection legislation;
5.9.5. constitute negligent advice or contain any negligent statement;
5.9.6. constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
5.9.7. be in contempt of any court, or in breach of any court order;
5.9.8. be in breach of any racial or religious hatred or discrimination legislation;
5.9.9. be in breach of any official secrets legislation;
5.9.10. be in breach of any contractual obligation owed to any person;
5.9.11. depict violence in an explicit, graphic or gratuitous manner;
5.9.12. be pornographic, lewd, suggestive or sexually explicit;
5.9.13. be untrue, false, inaccurate or misleading;
5.9.14. consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause an illness, injury or death, or any other loss or damage;
5.9.15. constitute spam;
5.9.16. be offensive, deceptive, fraudulent, threatening, abusive, harassing, antisocial, menacing, hateful, discriminatory or inflammatory.
6. Report abuse
6.1. If you learn of any unlawful material or activity with regard to our Services, or any material or activity that breaches these Terms, please let us know.
6.2. You can let us know about any such material or activity by email.
7. Limited warranties
7.1. We do not warrant or represent:
7.1.1. the completeness or accuracy of the information published on our Services;
7.1.2. that the Content is up to date; or
7.1.3. that the Services will remain available.
7.2. We reserve the right to discontinue or to alter any or all of our Services at any time at our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these Terms, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any Services.
7.3. To the maximum extent permitted by the applicable law, we exclude all representations and warranties relating to the subject matter of these Terms and the Services.
7.4. To the maximum extent permitted by the applicable law, you expressly agree that the use of the Services and the internet is done at your sole risk. The Services and third - party services are provided without warranties of any kind, either expressed or implied, unless such warranties are legally incapable of exclusion. No warranty is given about the quality, functionality, availability or performance of the Services. We do not assume liability for an inability to obtain or to use any Content or any Services.
8. Limitations and exclusions of the liability
8.1. Nothing in these terms and conditions will:
8.1.1. limit or exclude any liability for death or personal injury resulting from negligence;
8.1.2. limit or exclude any liability for fraud or a fraudulent misrepresentation;
8.1.3. limit any liabilities in any way that is not permitted under the applicable law; or
8.1.4. exclude any liabilities that may not be excluded under the applicable law.
8.2. When our Services are provided free of charge, we will not be liable for any losses or damage of any nature.
8.3. We will not be liable to you with respect to any losses arising out of any event or events that are beyond our reasonable control.
8.4. We will not be liable to you with respect to any loss or corruption of any data, database or software.
8.5. We will not be liable to you with respect to any special, indirect or consequential losses or damage.
8.6. You accept that we have an interest in limiting the personal liability of our officers and employees and, with regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any personal claim against our officers or employees with respect to any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
9.1. Most of the Services can be used or are particularly useful when they are used over mobile networks. You should be aware that your network provider may charge you for access to its network, the duration of your mobile device's connection to the network and the data volume used to utilise the Services. You are entirely responsible for checking with your network provider whether any such costs may apply before using the Services.
9.2. Some parts of our Service may require you to pay a fee. We may allow you to buy InService Content (e.g. virtual currencies such as gold bars, coins or items or services for use with our Services) using real money. You agree that we may begin to supply you with your purchased Service or In-Service Content immediately, and therefore your right to a withdrawal is lost at this point. Any applicable fees and other charges for feebased Services and for fee-based In-Service Content are not refundable in whole or in part.
9.3. You agree that once purchased, the In-Service Content has no monetary value and can never be exchanged for real money, real goods or real services from us or anyone else. You agree that the In-Service Content is not transferrable to anyone else and that you will not transfer or attempt to transfer any of the In-Service Content to anyone else.
9.4. Purchased Service and In-Service Content is subject to the payment terms and conditions of the mobile platform from which you have made your purchase. You agree that you will provide accurate and complete payment information to the mobile platform that is used by us. You further agree to pay all fees and applicable taxes incurred by you, or by anyone using an account registered to you. We may revise the prices for the Services at any time. All fees and charges are payable in accordance with payment terms in effect at the time when the fee or the charge becomes due and payable.
10. Breaches of these Terms and conditions
10.1. Without prejudice to our other rights under these Terms, if you breach these Terms in any way, or if we reasonably suspect that you have breached these Terms in any way, we may:
10.1.1. send you one or more formal warnings;
10.1.2. temporarily suspend your access to the Services;
10.1.3. permanently prohibit you from accessing the Services;
10.1.4. commence a legal action against you, whether for a breach of contract or otherwise.
10.2. Where we have suspended or prohibited your access to the Services, you must not take any action to circumvent such a suspension or prohibition.
11. Third party links
11.1. The Services may include hyperlinks to other websites that are owned and operated by third parties including advertisers and other content providers; such hyperlinks are not regarded as recommendations.
11.2. We have no control over third party content, and we accept no responsibility for it or for any loss or damage that may arise from your use of it.
12.1. We may revise these Terms from time to time.
12.2. The revised Terms shall apply to the use of the Services from the date of publication of the revised Terms on our website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, the revisions of these Terms.
13.1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms.
13.2. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these Terms
14.1. If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue to be in effect.
14.2. If any unlawful and/or unenforceable provision of these Terms would be lawful or enforceable if a part of it were deleted, that part will be deemed to have been deleted, and the remainder of the provision will continue to be in effect.
15. Third party rights
15.1. A contract under these Terms is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
15.2. The exercising of the parties' rights in a contract under these Terms is not subject to the consent of any third party.
16. Entire agreement
17. Law and jurisdiction
17.1. These Terms shall be governed by and construed in accordance with the Scottish law.
17.2. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Scotland.
17.3. Nothing in these Terms is intended to affect your rights under the law in your usual place of residence. If there is a conflict between those rights and these Terms, your rights under the applicable local law will prevail.
18. Our details
18.1. This website is owned and operated by TutoTOONS LIMITED.
18.2. We are registered in Scotland under Registration Number SC498895 and our registered office is at Summit House, 4-5 Mitchell Street, Edinburgh, Scotland, EH6 7BD, United Kingdom.
18.3. Our principal place of business is at Summit House, 4-5 Mitchell Street, Edinburgh, Scotland, EH6 7BD, United Kingdom.
18.4. You can contact us:
18.4.1. by post, using the postal address given above;
18.4.2. by using our website contact form;
18.4.3. by telephone, on the contact number published on our website from time to time; or
18.4.4. by email, using the email address published on our website from time to time.