GENERAL TERMS AND CONDITIONS FOR THE USE OF WEBSITES OF OUTFIT7 LIMITED

These General terms and conditions for use of the Website are an agreement between You and Outfit7 Limited, a company organized under the laws of United Kingdom, with a registered office at 5th floor, 52-54 Gracechurch street, London EC3V 0EH, United Kingdom and with a business and billing address at Klimataria 11, 4607 Pissouri, Cyprus, tax ID no.: 12902859G, VAT no.: CY90006264G, registration no.: 08725441 (UK) and AE 2859 (Cyprus). These Conditions govern Your use of the Website, unless any special function is accompanied by a separate license, in which case the separate license shall govern.

 

  1. INTRODUCTION

 

BY ACCESSING OR USING THE WEBSITE YOU ACCEPT AND UNDERTAKE TO BE BOUND BY THESE CONDITIONS. IF YOU DO NOT ACCEPT THESE CONDITIONS, DO NOT ACCESS AND/OR USE THE WEBSITE.

Subject to Your acceptance of and compliance with these Conditions, we grant You a personal, limited, non-exclusive, revocable and non-transferable license to use the Website solely for Your personal and non-commercial purposes as set forth in these Conditions.

Before You use our Website, if You have any questions relating to these Conditions, please contact Us through http://outfit7.com/contact/. 

This Website contains our episodes, description of our characters and links to our social media.

Definitions

“We/Us” means Outfit7 Limited, a company organized under the laws of United Kingdom, with a registered office at 5th floor, 52-54 Gracechurch street, London EC3V 0EH, United Kingdom and with a business and billing address at Klimataria 11, 4607 Pissouri, Cyprus, tax ID no.: 12902859G, VAT no.: CY90006264G, registration no.: 08725441 (UK) and AE 2859 (Cyprus) and its affiliates and subsidiaries;

“Website” means the websites located at http://outfit7.com, http://talkingtomandfriends.com, and http://tfsuperstar.com and any other URL which may replace it or which may be added to the list of websites published by Us;

“You” means a User of the Website;

“Users” means the Users of the Website collectively;

“Agreement” The Agreement shall consist of documents as described in this Conditions and Privacy Policy. The agreement shall be deemed concluded when You accept to be bound by these Conditions and the Privacy Policy;

“Conditions or the Terms of service” means these General terms and conditions for the use of the Website and any applicable Special Conditions; Conditions are available at the right bottom of the Website or on link http://outfit7.com/pages/terms-of-service, http://talkingtomandfriends.com/pages/terms-of-service, http://tfsuperstar.com/pages/terms-of-service;.

“Special Conditions” means any additional conditions that apply to these terms and conditions;

“Cookies” means small text files which our Website places on Your computer’s hard drive to enable information about Your browsing session and to identify Your computer;

“Personal Information” means the details provided by You on registration as well any information regarding behavior on the Website and any other information submitted by You to Us.

  1. ACCESS

Use of the Website

You are provided with access to this Website in accordance with these Conditions. When using the Website, You are responsible for maintaining the confidentiality of Your account and password (if any) and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password.

You agree to use the Website in a manner that does not cause harm to Us, other Users or third parties. We reserve the right to terminate or restrict Your access to the Website without prior notice if You violate these Conditions or if You abuse the Website or access the Website to an unusual extent. We are entitled to prevent access to the Website if We have reason to believe that You are engaged in illegal activity or compromise other Users’ or Our data security or privacy.

We may suspend the Website where necessary for example for installation, amendment or maintenance work or if laws, regulations or authorities so require or if there are other justifiable reasons for suspension. We aim to ensure that the suspension is as short as possible. We reserve the right to cease operating the Website or offering it to the public at our sole discretion.

Modifications to the Website
We reserve the right to: modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to You and You confirm that we shall not be liable to You or any third party for any modification to or withdrawal of the Website; If such changes necessitate changes in Your operating environment or other devices, You shall make such changes at Your own expense.

Modification of these Conditions

We reserve the right to: modify and/or change the Conditions from time to time, and Your continued use of the Website (or any part thereof) following such change shall be deemed to be Your acceptance of such change. It is Your responsibility to check regularly to determine whether the Conditions have been changed. If You do not agree to any change to the Conditions then You must immediately stop using the Website and must not access and/or use the Website.

The most current version of the Conditions is available at http://outfit7.com, http://talkingtomandfriends.com and  http://tfsuperstar.com.

Feedback

In connection with Your use of the Website You may provide us with suggestions, ideas, reviews, comments, and questions or other information and/or material regarding the Website (“Feedback”). After providing the Feedback to Us You continue to retain any Intellectual Property Rights to the Feedback that You may have and You grant us and our partners a worldwide, perpetual, irrevocable and royalty-free right and license to use, copy, amend, modify, translate, further develop and make derivative works of the Feedback. You acknowledge that You also give to us, without charge, the right to commercialize Your Feedback in any way and for any purpose. We have no liability for any loss or damage suffered by You as a result of the disclosure or use of such Feedback.

You agree not to provide Us with Feedback that is subject to a third party license that requires Us to license the Website or the material contained therein to third parties because We include Your Feedback in the Website. Further, We do not solicit or wish to receive any Feedback from You that is deemed confidential or proprietary, unless specifically so requested by Us. Any Feedback that You submit to Us will be deemed non-confidential or non-proprietary, unless We have specifically stated otherwise. We are not responsible for Feedbacks of third parties or any materials that are provided by You and/or third parties.

  1. GENERAL PROVISIONS

License to use the Website

Through the use of the Website You are acquiring and Outfit7 Limited grants You a personal, limited, non-exclusive and non-transferable license to use the Website for Your personal, non-commercial use. Your acquired rights are subject to Your compliance with Privacy Policy and this Conditions. Any commercial use is prohibited. Notwithstanding this prohibition You are allowed to use the Website in a non-modified form for the purpose of viewing.

Restrictions on use

Your right to use the Website is limited to the license grant above, and You may not otherwise copy, display, seek to disable, distribute, perform, publish, modify, transfer, create works from, or use the Website or any component of it, except as expressly authorized by Us. You are not authorized to, for example:

  • access or use the Website through any technology that causes technical malfunctioning of the Website;
  • make a copy of the Website and use it for selling Our Products;
  • copy, translate, modify, or make derivative works of any part of the Website;
  • reproduce, transmit, publish, display, redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, otherwise commercially exploit the Website or make the Website available to third parties;
  • reverse engineer, decompile or otherwise attempt to extract the source code of the Website or any part of the Website ;
  • delete, obscure, or in any manner alter any warning, notice (including but not limited to any copyright or other proprietary rights notice), or link that appears on the Website;
  • remove or alter our trademarks or logos or legal notices from the Website.

In no event may the Website be used in a manner that:

  • harasses, abuses, threatens, defames or otherwise infringes or violates the rights of any other party;
  • is unlawful, fraudulent or deceptive;
  • uses technology or other means to access our proprietary information that is not authorized by Us;
  • uses or launches any automated system to access the Website or Store;
  • attempts to introduce viruses or any other malicious computer code that interrupts, destroys or limits the functionality of any computer software, hardware or telecommunications equipment;
  • attempts to gain unauthorized access to Our Website, Store or user accounts;
  • encourages conduct that would constitute a criminal offense, or would give rise to civil liability; or
  • violates this Conditions.

 Reservation of rights

You have obtained a license to use the Website and/or Store and Your rights are subject to this Conditions and Privacy Policy. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in Us or Our licensors. You are permitted to use this material only as expressly authorized by Us or Our licensors. You acknowledge and agree that the material and content contained within the Website is made available for Your personal non-commercial use only.

Copyright & Trademarks

The Intellectual Property Rights in Website and the materials on or accessible via it belong to ‘Outfit7 Limited’ or its licensors. This Website and the materials on or accessible via it and the Intellectual Property Rights therein may not be copied, distributed, published, licensed, used or reproduced in any way (save to the extent strictly necessary for, and for the purposes of, accessing and using this Website). ”Outfit7” and the Outfit7 Logo are trademarks, which belong to “Outfit7 Limited”, and they may not be used, copied or reproduced in any way without written consent from “Outfit7 Limited.” All trademarks not owned by Outfit7 Limited are the property of their respective owners, and are used with permission. Nothing contained on this Website may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark. For these purposes “Intellectual Property Rights” includes the following, but is not limited to (wherever and when ever arising and for the full term of each of them): any patent, trade mark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, know how, trade secret and other confidential information, rights in the nature of any of these items in any country, rights in the nature of unfair competition rights and rights to sue for passing off or other similar intellectual or commercial right (in each case whether or not registered or registrable) and registrations of and applications to register any of them.

Compliance with laws
The Website and Store may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

Indemnity

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by You or any other liabilities arising out of Your use of this Website, or the use by any other person accessing the Website using Your computer and/or Your Personal Information.

Online shopping

This Website and other websites owned by Outfit7 Limited or its licensees may offer online capabilities to purchase products (such as toys). As to products and services featured on this Website, please note that we make every effort to display as accurately as possible the products and services that appear on this Website. However, the colors, dimensions, and details that you see on your computer monitor will vary depending on your equipment, so we cannot guarantee that your equipment will accurately display the details of our products and services. By clicking on the product You will be redirected to Talking Friends online store. As to services featured on this Website, the terms of those service offerings may be specified in a separate General terms and conditions that will be provided to you in connection with the service purchased and will be supplemented by this General terms and conditions. You must be 18 years of age or older to make any such purchases. Check Talking Shop online stores General terms and conditions of use for more information on delivery, returns, and other sales policies.

Collection of data

For the collection of data, advertising and the use of cookies, please refer to our privacy policy available at http://outfit7.com/privacy-policy/.

Limitation of liability and warranties

While We use reasonable endeavors to verify accuracy of any information We place on the Website, We shall not be responsible for and We disclaim all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by You or any third party, as a result of or which may be attributable, directly or indirectly, to Your access and use of the Website, any information contained on the Website, Your personal information or material and information transmitted over our system. In particular, neither We nor any third party or data or content provider shall be liable in any way to You or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof. In addition, We do not make any warranty or representation that information on the Website or Store is appropriate for use in any jurisdiction.

 Except as expressly provided in these Conditions, We disclaim any and all warranties of any kind, whether express or implied to the fullest extent permissible under applicable law.

 We will not be liable, in contract, tort (including, without limitation, negligence), pre-Agreement or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:

  • any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
  • any loss of goodwill or reputation; or
  • any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.

 This Section does not affect Your statutory rights as a consumer, nor does it affect Your Agreement Cancellation Rights.

Severance

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision. Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Entire Agreement and the Term

These Conditions together with Privacy Policy and any Specific Conditions govern Our relationship with You and concluded Agreement. You confirm that, in agreeing to accept the Conditions, You have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and You agree that You shall have no remedy in respect of any representation. Your Statutory Rights are not in any way affected by these Conditions.

 The Term of this Conditions and Privacy Policy shall commence on the date You start using the Website and shall end on date You stop using the Website and/or the Agreement is fulfilled or We terminate this Conditions and Privacy policy, whichever is earlier.

Law

This Agreement is concluded in English language. The Conditions and Privacy Policy shall be governed by and construed in accordance with the laws of Cyprus. 

Issued in Cyprus, on January 2015.

 

Outfit7 Limited

Iza Login, Director

 

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