- About Us
1.2 These Terms will apply to your use of our site. Please make sure that your parents or legal guardians (“Your Adult”) reads these Terms and get them to explain any bits that you don’t understand. You must have Your Adult’s permission to use the Site. If there is anything in these Terms that you or your parents do not agree to then you should not use our Site or any services made available through us.
1.3 The Site is owned and operated by Culture Tree Ltd., a company with registered number 09381858.
1.4 If you would like to contact us for any reason please do so using the following details:
- Using the Site
2.1 There is currently no charge for your use of the Site or any services offered through the Site. You agree that we can change this at a later date as long as we let you know in plenty of time before we start charging for anything on the Site.
2.2 As part of these Terms, we are granting to you a non-exclusive, non-transferable, non-sublicensable, revocable, limited licence to access our content on your device for your own personal, non-commercial entertainment. If you breach any part of these Terms, this licence and your authorisation to use our content will automatically and immediately terminate and you must immediately stop using our Site.
2.3 You agree that we can make any changes to the Site that we want to and that we can stop making the Site available or limit access to them at any time. We do not have to tell you before we do this.
2.4 Anything that you may need to be able to access the Site, such as computers, mobile devices or internet access, is your responsibility and we don’t have to provide any of this equipment for you. You are also responsible for ensuring that no person uses your equipment to access the Site without Your Adult’s permission. We will be entitled to assume that anyone who accesses the Site using your equipment has Your Adult’s permission to do so and you will be responsible for any charges, costs or liabilities that may be incurred by any such persons while using your equipment.
2.5 You must not attack the Site with any nasty viruses or other things that might be harmful to the Site or any of our users. You must also not reverse engineer, decompile, disassemble or otherwise attempt to obtain the Site’s source codes. Any hackers or other trouble makers may be reported to law enforcement authorities.
- Competitions and games
3.1 We may run competitions on our Site from time to time. All competitions that we run on our Site will be subject to some specific additional rules that will be made available on the Site with the competitions (“Competition Rules”). The Competition Rules will automatically become a part of these Terms.
3.2 Unless the Competition Rules say otherwise the following rules will also apply to all competitions:
(a) all competitions are free to enter although your mobile or telephone service provider may charge you for any entries you make by phone or by text;
(b) multiple entries will be permitted unless the Competition Rules say otherwise but you must not use any computer software to submit multiple entries or enter an unreasonable amount of entries;
(c) we don’t accept responsibility for any late or inaccurate entries;
(d) you agree that we can use anything you send to us as part of a competition in order to administer the competition including making copies of your entry (including any photos or videos) or editing it as we think may be necessary, publishing it or otherwise making it available on our Site or in other media including on our social media channels or in any advertising or marketing material and that this right lasts forever and applies anywhere in the world;
(e) you agree that you won’t send us anything as part of a competition that you don’t own, or that you don’t have the right to send to us, or that may be unlawful, or that anyone might find offensive;
(f) if the competition has any specific eligibility requirements, e.g. UK residents only, we may ask you to provide proof that you meet the eligibility requirements;
(g) all prizes are subject to availability and we may replace any prize with another product of similar or equivalent value;
(h) we will not be responsible for any prizes provided by third parties which are defective in any way; and
(i) if we can’t contact the winner, or the winner isn’t available for some other reason to receive the prize within a reasonable time, or if the winner does not meet any eligibility requirements or cannot provide adequate proof that they do, then we can give the prize to someone else.
3.3 We also have a variety of games for you to play on our Site and sometimes these games will also be subject to additional terms and rules. You will be asked to accept these before you can play those games and they will become a part of these Terms.
- Uploading content to the Site
4.1 The Site may allow users to upload stuff including pictures, videos, artwork and messages (we call this “User Generated Content”).
4.2 Before you can upload User Generated Content to our Site you are required to get Your Adult’s permission. For some User Generated Content, e.g. photos, this may involve us emailing Your Adults to verify that they are happy for that content to be added to the Site and you agree that we may do this. Other User Generated Content will also be subject to additional terms and rules, for example photo submissions for our Birthday Gallery will be subject to the Birthday Gallery Rules. You will be asked to accept these before you can upload User Generated Content.
4.3 You must not submit or upload any content to the Site:
(a) that is confidential, untrue and hurtful, infringing, obscene, offensive, racist, indecent, threatening or is otherwise unlawful or objectionable;
(b) that you do not own or do not have the permission of the owner or any other relevant person who may have rights in or connected to the content you are uploading;
(c) that includes any personal information about you or other people; or
(d) if uploading it to the Site would infringe the intellectual property rights or any other rights of another person.
4.4 As between you and us, you will own any content or material (“Your Content”) you upload to the Site or request to be uploaded. You agree that we have the right to copy, distribute, adapt and use Your Content for any purpose or otherwise make it available to the public and that these rights will last forever and apply anywhere in the world. You also agree that we have the right to delete Your Content from our Site and that we are unable to send out or return any copies of Your Content to you.
4.5 The views expressed by other users on the Site do not represent our views or values. You are responsible for Your Content so please be sensible about what you post.
4.6 You also agree that we can disclose your identity to any third party who is claiming that any content posted or uploaded by you to any Site violates their intellectual property rights, their right to privacy, or any other legal rights.
- Moderation, notice and takedown procedures
5.1 We may moderate all User Generated Content on the Site before it is posted although we do not have to do this and you are still responsible for ensuring you do not post any unsuitable content to any of the Site.
5.2 If you become aware that other users of the Site have posted content which is inaccurate, inappropriate, offensive or does not comply with any of the provisions of the Terms please notify us by contacting us at firstname.lastname@example.org.
5.3 We may remove Your Content from our Site or refuse to post or upload Your Content from our Site at any time, for any reason and without telling you beforehand in our sole discretion.
5.4 For the avoidance of doubt any decision we make in connection with the removal of any content from our Site is final and we do not owe you any obligations in relation to our decisions about removing content.
5.5 If you want to have Your Content removed from our Site at any time, please contact us by email at email@example.com.
- Intellectual property rights
6.1 We are the owner or the licensee of all intellectual property rights in the Site and in any content, material, products or services available on them.
6.2 You must not use any content from the Sites for commercial purposes without our permission.
6.3 If you copy or use any part of the Site or the content, products or services made available through it in breach of the Terms, you will no longer have permission to use the Site and, in addition to any other rights we may have, we can require you to return or destroy any copies of the materials you have made.
- Data protection and privacy
- Links to and from the Site
8.1 You may link to any page of the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists, nor establish a link to the Site in any website or application that is not owned by you.
8.2 You agree that we can withdraw linking permission to our Site at any time and we do not have to tell you about this before we do so.
8.3 Our Site may also contain links to other websites and resources provided by third parties. This may include some of the games or video content available on our Site. We have no control over the content of those websites or resources and we are not responsible or liable for them in anyway. In addition, use of any third party websites and resources may be subject to you accepting additional terms and conditions, which we suggest you read carefully before proceeding.
9.1 We will try to use reasonable care and skill in making the Site available to you.
9.2 Except as expressly provided in these Terms, the Site and any products or services provided through them are provided on an “as is” basis. This means we are not responsible for any faults or problems with the Site. We do not make any representation or warranty of any kind, either express or implied (whether by common law, custom, statute or otherwise) in relation to the Site or any content, products or services provided through them including without limitation any warranties in relation to fitness for a particular purpose or in relation to quality, completeness, accuracy, reliability or non-infringement.
9.3 The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You are advised to obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site. Although we make reasonable efforts to update the information on the Site, we make no representations, warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or up-to-date.
9.4 We do not guarantee that the Site will always be available, be uninterrupted, secure or free from bugs or viruses, or that the Site or any products, services or content provided through them will be free from errors or omissions.
9.5 Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Please check your local laws for any restrictions of limitations regarding the exclusion of implied warranties.
9.6 Nothing in these Terms is intended to disclaim or exclude any warranty or liability that cannot be disclaimed or excluded by operation of applicable law.
- Limitation of our liability
10.1 Nothing in the Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.
10.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms that may apply to the Site or any content on them, or services provided through them, whether express or implied.
10.3 We will not be liable to you or any other user of the Site for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, the Site or any products or services provided through them including without limitation any direct loss of profit, loss or damage to data, loss of reputation or goodwill, loss of opportunity or anticipated savings or any indirect, special, consequential or punitive losses of any kind.
- Termination and changes to the Terms
11.1 We may change the Terms that apply to the Site at any time. If we do this we will update the page where these Terms are available and your continued use of the Site will be subject to the new Terms. We will tell you beforehand if we make any changes that are significantly worse for you.
11.2 We recommend that you read through the Terms available on the Site regularly so that you can be sure that you are aware of any changes that may apply to you and what the latest rules are.
11.3 We may terminate these Terms at any time without any liability to you provided we tell you that we are doing so. We may also remove content or stop providing any of the features, games or services provided on the Site at any time for any reason.
11.4 You may stop using the Site at any time.
12.1 No third parties may enforce any rights under these Terms against either us or you. The Contracts (Rights of Third Parties) Act 1999 does not apply to these Terms.
12.2 You can’t transfer your agreement with us to anyone else without our permission.
12.3 If we decide not to exercise or enforce any right that we have against you at a particular time, then this does not prevent us from later deciding to exercise or enforce that right.
12.4 If any part of the Terms is found to be illegal, invalid or otherwise unenforceable by a court or regulator, then, where required, that part shall be deleted from the Terms and the remaining parts of the Terms will continue to be enforceable.
12.6 You agree that you will not have any remedy in respect of any untrue statement (whether made innocently or negligently) made to you upon which you relied in agreeing to these Terms other than any remedy you may have for breach of the express terms of these Terms.
12.7 These Terms and any non-contractual obligations arising out of them shall be governed by and construed in accordance with English law. To the extent that the law in which you are resident permits you agree to submit to the non-exclusive jurisdiction of the English courts.