Terms and Conditions
BY ACCESSING A KEYSTAGEFUN SERVICE, DOWNLOADING A KEYSTAGEFUN APPLICATION OR CONTINUING TO USE THE SERVICE, YOU ACKNOWLEDGE THAT: (1) YOU ARE AT LEAST 18 YEARS OF AGE (OR AN OLDER AGE REQUIRED TO FORM A LEGAL CONTRACT IN YOUR JURISDICTION); (2) YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS WITH RESPECT TO YOURSELF AND ANY MINOR CHILD AUTHORIZED BY YOU; (3) YOU HAVE THE RIGHT, AUTHORITY AND LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT.
IF YOU HAVE NOT REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION, YOU MUST HAVE A PARENT OR LEGAL GUARDIAN READ AND ACCEPT THESE TERMS OF SERVICE ON YOUR BEHALF AND TAKE FULL RESPONSIBILITY FOR COMPLIANCE WITH THESE TERMS OF SERVICE.
YOUR AGREEMENT WITH KEYSTAGEFUN REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF USE OF THIS SERVICE INCLUDING VISITING KEYSTAGEFUN.CO.UK
Contact us at firstname.lastname@example.org if there is anything contained within these terms that you do not understand.
IF YOU (OR YOUR PARENT / LEGAL GUARDIAN) DO NOT WISH TO BE BOUND BY THE THESE TERMS OF SERVICE, PLEASE EXIT THE WEBSITE NOW AND DO NOT ACCESS OR USE KEYSTAGEFUN'S SERVICES.
1.0 Your Acknowledgement and Acceptance of The Terms
KeyStageFun / Tiny Spark Ideas Ltd. ("KeyStageFun") provides www.keystagefun.co.uk (the “Website”) and our applications or services (collectively the “Service”) to you, the "User", subject to your agreement with these Terms of Service. These terms of service (published at www.keystagefun.co.uk/terms) comprise a legal agreement between the User and KeyStageFun
You, the User, acknowledge and agree that it is your responsibility to review these Terms of Service occasionally and to familiarize yourself with any modifications. Any modifications will be effective immediately, and will apply to disputes arising under the Terms of Service from the date of posting forward. Your continued use of the Service after a modification has been made to the Terms of Service constitutes your acceptance of such modification.
You may not use the Service for commercial purposes or in any way that is unlawful, or harms KeyStageFun or any other person or entity.
2.0 User Information
The majority of our apps only store your data on the device itself, so we have no access to that information.
The only exception to this is our Spelling Share service for our Squeebles Spelling Test application, where an account is required to be created by an adult, thereby allowing spelling tests to be shared between a select number of devices. For specific terms of service for our Spelling Share service, please refer to www.keystagefun.co.uk/spelling-terms
3.0 Intellectual Property Information
“Content” is defined as all digital material including, without limitation information, videos, photos, graphics, music, sounds, text, data, communications, illustrations, documentation, and other material and services that users can view on, access through, or contribute to the Service. KeyStageFun owns, or has a license to, all right, title and interest in the Content it makes available through the Service.
By use of the Service you acknowledge, agree and otherwise consent not to engage in, permit another person or entity to engage, or otherwise be related to or a part of the following restricted activities: (i) market, share, distribute, offer to sell, sell or otherwise make reproductions or copies of the Website, Service or Content in any way inconsistent with the rights of use provided by KeyStageFun herein; (ii) remove any applicable, relevant identification, copyright, trademark or other notices relating to the intellectual property or other property of KeyStageFun; (iii) attempt to access source or object code of the Website or Service, by methods including reverse engineering or otherwise reducing it to a form readable without the use of a computer; (iv) amend, change, modify (including the creation of any derivative or other works) the Service; (v) create code, software or other program that incorporates any elements of the Service; (vi) attempt to hack into, compromise or otherwise access the object or source code of the Service for any purposes, personal or commercial; or (vii) interrupt or attempt to interrupt the operation of the Service in any way.
If KeyStageFun provides the ability for you to submit Content to the Service, you acknowledge that you are the owner of any Intellectual Property rights in any such Content that your submit, or have sufficient rights to submit the Content to the Service without infringing any third-party rights.
To the extent that you submit, via the Service or otherwise, any concepts, ideas, or suggestions (collectively, the “Ideas”) for, by way of example and without limitation, any features or functionality for the Service, you agree that such Ideas are non-confidential and non-proprietary, and KeyStageFun shall not be liable for the disclosure of such Ideas. You hereby grant and agree to grant KeyStageFun, under all of your rights in the Ideas, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Ideas for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the Service, or any KeyStageFun product or service, without compensation or accounting to you and without further recourse by you.
4.0 Third Party Websites
None of our apps ever link directly to 3rd party websites or online content of any kind. However, The Service may occasionally (via our blog or website) link you to other websites or otherwise include references to information, materials and/or services provided by other parties. These other websites and parties are not under KeyStageFun's control, and you acknowledge that KeyStageFun is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites.
5.0 Disclaimer of Warranties; Limitation of Liability
Neither KeyStageFun nor its Affiliates, subsidiaries, officers, directors, stockholders, employees, licensors, distributors, sublicensees, agents or subcontractors (collectively, the “KeyStageFun Parties”) warrant any connection to, transmission over, features or system functionality, or results or use of, any facilities provided or failed to be provided through the Service.
YOU AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. ALL INFORMATION, SERVICES AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES OR DEFECTS.
KEYSTAGEFUN MAKES NO COMMITMENT TO UPDATE ITS SERVICES. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE WEBSITE AND SERVICE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
YOU ACKNOWLEDGE AND AGREE THAT THE KEYSTAGEFUN PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT THROUGH THE SERVICE OR ANY RELATED PRODUCTS. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH KEYSTAGEFUN IS TO STOP USING THE SERVICE, AND TO DELETE ANY DOWNLOADED APPLICATION(S). IN NO CASE SHALL ANY LIABILITY OF THE KEYSTAGEFUN PARTIES TO YOU EXCEED THE AMOUNT, IF ANY, THAT YOU PAID FOR THE APPLICABLE SERVICES GIVING RISE TO ANY SUCH LIABILITY. IN NO EVENT SHALL THE KEYSTAGEFUN PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE OR DATA, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE.
You agree to defend, indemnify, and hold KeyStageFun and its Affiliates harmless from all liabilities, claims, losses, costs and expenses, including attorney’s fees, that arise from (i) your use of, or activities in connection with the Service, or those of any child authorized by you; (ii) any violation of these Terms of Service by you or any child authorized by you; or (iii) any allegation that any content that you or any child authorized by you make available via the Service infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. KeyStageFun reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with KeyStageFun in asserting any available defenses.
7.0 Updates to Terms
KeyStageFun may occasionally update these terms of service and post the updated terms here on the KeyStageFun website. You acknowledge and agree that it is your responsibility to review this Website and these Terms of Service from time to time and to familiarize yourself with any modifications. Any modifications will be effective immediately, and will apply to disputes arising under the Terms of Service from the date of posting forward. Your continued use of the Service after a modification has been made to the Terms of Service constitutes your acceptance of such modification.