Effective Date 16 July 2015

Introduction

The Content on Storytime Pods products and website is published and operated by Storytime Pods Pty Ltd. If you have any questions relating to the Content, you can email us at info@storytimepods.com.au.

So that you may fully enjoy our Content, we would like you to be aware of the following rules that govern your use of the Content.

PLEASE READ THIS USER AGREEMENT CAREFULLY, AND IF YOU ARE UNDER THE AGE OF EIGHTEEN, MAKE SURE THAT YOUR PARENT OR LEGAL GUARDIAN READS AND AGREES WITH THIS AGREEMENT ON YOUR BEHALF. BY YOUR CONTINUED USE OF THE CONTENT, YOU ARE DEEMED TO AGREE TO AND ACCEPT THE TERMS AND CONDITIONS OF THIS USER AGREEMENT, INCLUDING WITHOUT LIMITATION THE PRIVACY POLICY. IF YOU DO NOT AGREE WITH OR UNDERSTAND THIS USER AGREEMENT, YOU MUST NOT CONTINUE TO ACCESS THE CONTENT.

This User Agreement (the “User Agreement”) is a contract between you and Storytime Pods and applies to all users of the Content.  In this User Agreement “you” or “your” means any person or entity using this Content, provided that if such person is under 18 years of age or the age of majority in your jurisdiction, whichever is older (the “Age of Majority”), it also includes such person’s parent or legal guardian. Unless otherwise stated, ”Storytime Pods”, “we” or “our” refers to Storytime Pods Pty Ltd.

Amendments

We may amend or supplement this User Agreement at any time and without notice. In such instance, we will publish the revised User Agreement on our Storytime PODs products and website. You acknowledge and agree that it is your responsibility to periodically check the website to review any such changes.

Privacy Policy

Our general Privacy Policy (as of the most recent effective date) (the “Privacy Policy”) is incorporated into this User Agreement by reference and provides additional terms and conditions related to our use, collection and disclosure of your personal information. Our Privacy Policy may be changed from time to time. When we make changes to this Privacy Policy, we will notify you of the changes by posting the revised version on our Storytime Pods products and website. You acknowledge and agree that it is your responsibility to periodically check the website to review any such changes. If you do not agree to the amended Privacy Policy, you may not continue to access or use the Storytime Pods products and website.  Any other posted guidelines or rules applicable to any individual use of this Content will form part of this User Agreement.

Links to Other Websites

Any other websites that link to this Content are not part of this Content and may have different policies with respect to the collection, use and disclosure of your personal information. Please be sure to review the applicable agreements and policies carefully when visiting our other websites or any third party websites to whom we provide links.

Suspension or Termination of Content

Storytime Pods may terminate or suspend your access to all or part of the Content and/or any related products or services in the event (i) it determines after reasonable investigation that you have breached this User Agreement or that your conduct violates applicable law or is otherwise harmful to the interests of Storytime Pods or other third parties, or (ii) Storytime Pods decided to cease its operations and/or its provision of any applicable products or services in connection with this Content.

Ownership of Intellectual Property and Restrictions on Use of the Content

All products, services, content, information displayed, performed or otherwise accessible through this Content, including, without limitation, books. rhymes, songs, games,  postcards, character images and animations together with all digital images contained on the Content, Software (as defined below), designs, texts, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, and any copyrightable and/or patentable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade names, trade dress and patents, (collectively the “Content ”) are the property of Storytime Pods , its partners, affiliates, third party licensors and suppliers and/or any of their successors and assigns and are protected, without limitation, by copyright, trademark and patent laws throughout the world. Without limiting the generality of any other provisions of this User Agreement, the use of any Content on any other website or computer environment is prohibited.

This User Agreement grants to you a limited license to access and use the Content for your personal, non-commercial use. Except as expressly provided above, you agree that no portion of this Content may be accessed, used, reproduced, duplicated, copied, or otherwise exploited by you for any other purpose, and nothing contained herein shall be construed as conferring any other right. You may not use the Content in a manner that suggests an association with any of our products. You may not make any modifications to any Content other than as expressly permitted by us.

Without limiting the generality of the foregoing, you agree that you shall not: (i) download or copy any Content  (ii) make any resale or commercial use of this Content;  (iii) publish any collection or compilation of any product listings, descriptions, or prices; (iv) create any derivative work of this Content; (v) use any data mining tools, robots, or similar data-gathering and extraction devices with respect to the Storytime Pods products and website and the Content; (vi) frame or use framing techniques to enclose any trademark, logo, trade name or other content (including images, text, page layout, or form) of Storytime Pods or its licensors; or (vii) use any meta tags or any other “hidden text” utilizing the trademarks, logos, trade names or content of Storytime Pods or its licensors.

If you download, access or use software from Storytime Pods products or website, the software, including any files, codes, images, and audio clips incorporated in or generated by the software, and data accompanying the software (the “Software”) are licensed to you for your personal, non-commercial use as a personal, non-exclusive, non-assignable, non-transferable license. Storytime Pods keeps full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, lend, disassemble or otherwise render the Software. Any unauthorized or prohibited use may subject you to civil liability and criminal prosecution under applicable laws.

Storytime Pods has the right to vary, modify, change or discontinue: (i) any feature or function offered on this Content; (ii) any part or all of the Content, including hours of availability; and (iii) to restrict access to parts or all of this Content from time to time with or without notice to you. Storytime Pods may make available and upgrade this Content on the same terms and conditions as this User Agreement and any such upgrades will form part of this Content.

User Content

Certain areas of this Content will permit you to send to Storytime Pods text, information and other submissions. Storytime Pods values your feedback on this Content and to help us better understand your remarks, we request that you be as specific as possible in your comments on this Content.  Upon submission, all creative suggestions, ideas, notes, artwork, drawings, stories, room designs, concepts, content, materials or information of any nature, save and except any personally identifiable information as defined in our Privacy Policy (collectively, the “User Content”), submitted by you to Storytime Pods or otherwise posted on this Content shall be deemed to be, and shall remain, the property of Storytime Pods. You shall be deemed to have irrevocably assigned in perpetuity to Storytime Pods free of charge all of your worldwide right, title and interest in and to such User Content, and waived any “moral” or author’s rights or rights to attribution therein completely and irrevocably. Without limiting the foregoing, Storytime Pods shall exclusively own all now known or hereafter existing rights to the User Content of every kind and nature throughout the world, and shall be entitled to unrestricted use of the User Content for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the User Content. To the extent any User Content is deemed non-assignable by applicable law, you hereby grant (or warrant that the owner of such rights has expressly granted) to Storytime Pods, a worldwide, royalty-free, perpetual, irrevocable and nonexclusive right and license to use, reproduce, modify, sublicense, edit, adapt, publish, translate, broadcast, create derivative works from, distribute, perform, display and publicize such User Content anywhere, for any purpose and in any form, through any media or technology now known or later developed, without any compensation to you.

You are responsible for all User Content posted by you. STORYTIME PODS HAS NO RESPONSIBILITY FOR SUCH USER CONTENT. You hereby represent and warrant that you have all necessary rights in and to all User Content that you provide. Storytime Pods retains the right, but not the obligation, to review, edit or delete any User Content which we deem to be illegal, offensive, or otherwise inappropriate. All information submitted by you which constitutes personal information shall be subject to our Privacy Policy.

User Code of Conduct

The Content is provided by Storytime Pods and is intended to be used in a safe and enjoyable fashion. You are responsible for the content of any material you enter on the Storytime Pods products and website. Users of this Content must not:

Use this Content in such a way as to offend or interfere with the use by anyone else of this Content;

Sell, trade or barter any items earned through this;

Upload, submit, publish, transmit, display, disseminate or otherwise communicate any materials while connected to or otherwise using this Content that: (i) are defamatory, libellous or inaccurate, (ii) are abusive or threatening towards or invade the privacy of any third party, (iii) which are offensive, obscene or pornographic; (iv) infringe the intellectual property rights, including copyrights, of any third party; (v) violate any law or regulation; (vi) advocate illegal activity; (vii) advertise or otherwise solicit funds or are a solicitation for goods or services; or (viii) are treated as confidential under any contract or policy;

Attempt to circumvent the security systems of this Content;

Attempt to gain access to this Content in a fraudulent manner,

Attempt to use this Content in a fraudulent manner, including but not limited to, access to this Content or information or images that have not yet been officially announced or incorporated into this Content’s functionality.

Attempt to ascertain any other user’s information by any means whatsoever, including without limitation, by use of this Content or any other website, or by e-mail communication;

Attempt to harvest or otherwise collect information about other users without their consent;

Attempt to use this Content for any purposes other than those intended by Storytime Pods; or

Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.

Spam

The publication of electronic mail addresses on this Website is to facilitate communications relating to the functions of this Website and must not be inferred as consent by us to receiving unsolicited commercial electronic messages.

Email Communications

By providing your email address to Storytime Pods you consent to receive promotional and or program update emails from Storytime Pods. You may opt out of these emails at any time by following the specific opt out instructions within the communication we send.

Disclaimers

THE USE OF THIS CONTENT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THIS CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, STORYTIME PODS DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THIS CONTENT, THE PRODUCTS OR SERVICES AVAILABLE THROUGH THIS CONTENT, OR ASSOCIATED WITH THE USE OF THIS CONTENT, OR ANY CONTENT OR CONTENTS WITH WHICH IT IS LINKED.

STORYTIME PODS DOES NOT WARRANT THAT THIS OR ANY CONTENT TO WHICH THIS CONTENT  IS LINKED WILL BE AVAILABLE AT ANY PARTICULAR TIME, WILL BE PROVIDED IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR WILL BE CORRECTED IF FOUND TO BE DEFECTIVE. WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THIS CONTENT AT ANY TIME WITHOUT NOTICE. TO THE EXTENT THAT YOU COMMUNICATE WITH OUR CUSTOMER SERVICE DEPARTMENT OR SALES REPRESENTATIVE THROUGH ANY SOURCE THE STATEMENTS, PROMISES OR ACTIONS TAKEN BY SUCH SOURCES SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THIS USER AGREEMENT AND THIS DISCLAIMER AND THIS USER AGREEMENT SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES.

IN ADDITION, STORYTIME PODS DOES NOT WARRANT THAT THIS CONTENT OR THE SERVERS THAT MAKE THIS CONTENT AVAILABLE WILL WORK WITH ANY PARTICULAR HARDWARE OR SOFTWARE SYSTEMS OR CONFIGURATIONS OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

FINALLY, STORYTIME PODS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE RESULTS OF THIS CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF THIS CONTENT RESTS WITH YOU.

Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL STORYTIME PODS BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THIS CONTENT OR ANY OF CONTENT OR CONTENTS WITH WHICH IT IS LINKED, EVEN IF STORYTIME PODS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL THE TOTAL LIABILITY OF STORYTIME PODS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, RELATED TO YOUR USE OF, OR THE INABILITY TO USE, THIS CONTENT OR ANY OF THE CONTENTS OR FUNCTIONS AT THIS CONTENT , EXCEED THE LESSER OF (I) THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH YOUR ACCESS, USE AND/OR PURCHASES MADE ON THIS CONTENT  OR (II) AUD$20.

NOTHWITHSTANDING THE GENERALITY OF THE ABOVE, STORYTIME PODS DOES NOT SEEK TO LIMIT THEIR LIABILITY IN RESPECT OF FRAUD OR FOR DEATH OR PERSONAL INJURY CAUSED BY STORYTIME PODS’ NEGLIGENCE OR THAT OF ITS EMPLOYEES OR AGENTS ACTING IN THEIR CAPACITY AS EMPLOYEES OR REPRESENTATIVES.

Indemnity

YOU HEREBY AGREE TO INDEMNIFY AND HOLD STORYTIME PODS HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGES, COSTS AND EXPENSES, INCLUDING ALL LEGAL FEES, WHICH STORYTIME PODS MAY INCUR IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RESULTING FROM: (I) ANY BREACH BY YOU OF THIS USER AGREEMENT; (II) YOUR USE OF THIS CONTENT, YOUR SUBMISSION OF USER CONTENT; (III) YOUR PURCHASE OF ANY ITEM; AND/OR (IV) ANY VIOLATION BY YOU OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY. YOU MUST USE YOUR BEST EFFORTS TO COOPERATE WITH STORYTIME PODS IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

Complaints

Please contact us if you have any complaints about the Storytime Pods products and website or Content and we will endeavour to assist you.

Final Note to Parents

The Storytime Pods products and website offer a world of wonderful reading, listening and learning opportunities for children. Your guidance and involvement are essential to ensure that children have a safe and rewarding online experience.

This CONTENT is published by Storytime Pods.

By using this CONTENT, you agree that the User Agreement and Privacy Policy shall be governed in accordance with the laws of Victoria, Australia and the laws of Australia as applicable, and you submit to the jurisdiction of the Victorian courts.

Effective Date 16 July 2015