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Terms & Conditions

TERMS & CONDITIONS

Last updated [30 August, 2018]


A message to children – How to become a Night Zookeeper

Welcome to the Night Zoo. We really hope you will become a Night Zookeeper and enjoy using the Night Zookeeper website. However, if you are under the age of 17 you are not allowed to register an account. Please ask your teacher, parent or guardian to do this.

Once this has been done they can create you a Night Zookeeper username so that you can start using the website. You will need your own Night Zoo name and your own password. You should never use your real name on the website, or anyone else’s for that matter, only made-up names. The adult who has registered may allow your Night Zoo name and what you write or draw to be shared with other children, or to be made public, but otherwise we promise not to share your Night Zoo name or what you write or draw with anybody else. If you don’t wish for your writing or drawing to be made public, please speak to the adult that created your account and let them know.

Please be respectful and polite to all your fellow Night Zookeepers. Inside the Night Zoo everyone should feel welcome and safe. Everything you write or draw should be your own work and not copied from anywhere else or anyone else.

Thanks for reading!

 

Adults start here

 

Terms of Use

Contract between you and us

This is a contract between you and Night Zookeeper. You must read and agree to these terms before using our services. If you do not agree with these terms, you may not register or use our services. As a Night Zookeeper you will be expected to follow these terms and if this is not the case, we reserve the right to terminate your account and/or subscription.

Registration and Responsible Adult responsibilities

Child protection and data protection are of prime importance to us.

Children cannot register. As the Responsible Adult you act as gatekeeper for any child using the site under your registration, and you take responsibility for monitoring and moderating any user materials produced by the child, and for making best efforts to protect child data, identity and privacy. For children we have a "No Real Names" policy. This is supported by certain features built into the software, but it also requires diligence by the Responsible Adult.

When you create an account, you can create logins for the children portion of the website. These are required to allow you to differentiate between the work that each child under your registration produces.

As the Responsible Adult you may allow children under your control and supervision to use the services under your registration, providing that in doing so you accept and acknowledge that:

  • The children you allow to use the services are under your control and supervision and you have appropriate parental consent if you are not the children’s parents.

  • You may only allow children, not adults, to use the services under your registration. You will ensure that children choose a username that is not their real name and which does not make them identifiable.

  • You recognise the need to prevent unauthorised access to your account and will take all reasonable steps to prevent this.

  • You will monitor and moderate user materials produced by the children before allowing it to be shared or made public.

User Materials produced by the children under your registration is by default restricted to the child in question and you, but (subject to your approval) it may be shared with other children under your registration. You may also choose to make user materials publicly available (meaning outside of your registration), either on parts of the Night Zookeeper website that are publicly accessible or elsewhere. You do this via your online Dashboard when you ‘Publish’ work. In this case you take full responsibility and before taking such action you must ensure that there is nothing in the user materials or in the usernames that could be considered personal information in that it could allow any child to be identified, or that is inappropriate or copyright material.

Inappropriate Material

You may not submit User Materials that are inappropriate or allow inappropriate content to remain on our system. We have the right but not the obligation to monitor, screen, remove, modify and store User Materials, at any time and for any reason, without prior notice to you.  We are not responsible for, and do not endorse or approve any User Materials. If we become aware of content that we consider inappropriate or that otherwise breaches these terms we reserve the right to delete the content and/or terminate your account or subscription.

Material that is "inappropriate" includes anything that:

  • is abusive, immoral, defamatory, discriminatory, disrespectful, bigoted, hateful or obscene;

  • might be offensive or cause distress to another Night Zookeeper

  • is illegal or promotes any illegal or unlawful activity;

  • infringes upon or violates any third party’s rights, including but not limited to copyright and intellectual property rights, rights of privacy, including unauthorized disclosure of a person’s name, e-mail address, physical address or phone number, and/or rights of publicity;

  • contains video, photographs, or images of another person without his or her permission (or in the case of a child, the Responsible Adult).

We do not monitor any websites which may make reference to us on their pages.

Passwords and Security

The security and confidentiality of your account is extremely important to us, and we have implemented technical and administrative measures designed to prevent unauthorised access.

You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, including choosing a password of adequate strength, changing it regularly and not disclosing it to anyone else. You are responsible for all activities under your account that you can reasonably control. You should not try to avoid, circumvent or bypass any of the security measures of the website. However, no website can be completely secure, and if you have any concern that your account or log-on details have been compromised you should contact us straight away.

Browsing the Internet Safely

We may provide links to other websites from time to time. However, we do not sponsor or endorse these websites and you should check their terms and conditions fully before using their websites. Please ensure that you also refrain from using any Personal Information on various other websites that you may visit.

Ownership and Intellectual Property Rights

By "Intellectual Property Rights" what we mean is all ownership rights and interests in copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trademarks (whether registered or unregistered) and any applications therefore and other similar rights.

All Intellectual Property Rights in the website, its underlying software and technology and the products made available through the website belong to and vest in us, or are licensed to us.

Subject to these terms you may use the website for your private, non-commercial, personal use only. You may not transfer, sub-license or deal in this right without our prior written permission.

These terms and the rights they grant, do not give you any title or rights of ownership in the website, any products (except to the extent they include your User Materials) or any User Materials other than your own, and should not be deemed a sale or transfer of any copyright or other right.

Copyright and Intellectual Property Rights relating to User Materials

In using Wonky Star Ltd. products, including the Night Zookeeper website, any associated microsites or dedicated Night Zookeeper apps, you will produce certain User Materials. These may be created by yourself or created under your registration, by others. In all cases, to ensure we can fully utilise, promote and share these User Materials, you assign to us the copyright of all User Materials, including those created under your registration, and agree that we may use, publish, edit, modify and adapt your User Materials and those created under your registration and you hereby grant us a perpetual, unrestricted right and global licence and all necessary permissions, consents and licences required for us to use the User Materials provided by you and any associated Intellectual Property Rights, for any purpose whatsoever included but not limited to use on the website or any media, content or materials or other information which may be published, released or aired/screened etc in relation to Night Zookeeper whether by Wonky Star Ltd. or anyone authorised by them. This is essential and part of our work to promote children's literacy and motivate young authors. Where the exploitation of User Materials can't be directly related to this core mission, we will attempt to actively seek additional assurances from you directly.

You represent and warrant that your User Materials and those created under your registration conform to these terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorise us to use and exploit, your User Materials in all manners contemplated by these terms. You agree to indemnify and hold us and our employees and officers harmless from any demands, loss, liability, claims or expenses (including legal fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Materials and those created under your registration.

We promise that all User Materials will be used responsibly on the website or on any other products (as far as we are able to control such use).

All our Intellectual Property Rights are asserted and reserved. All third-party trade names and trademarks are held by their respective owners and we make no warranty or representation in relation to them.

Privacy Policy

Please see our Privacy Policy to understand what information we collect, how we collect it and what we do with it. Your privacy is important to us and any Personal Information will be used in accordance with our Privacy Policy. In accepting these Terms and Conditions you are also stating that you have read our Privacy Policy and agree with its content.

We will only disclose your usernames and country when displaying User Materials on the Website or on any Night Zookeeper products. However we reserve the right to use information that you have made public for commercial purposes.

Competitions

We may run competitions, either on our own or in partnership with others, and these competitions may have supplemental terms and conditions, in addition to these terms. Typically, all competitions involve publishing work and making it publicly available. If the competitions terms differ from those stated in our standard terms of use or privacy policy they will be clearly stated alongside the competition.

Subscriptions

The Subscription Fee shall be deducted from your or a nominated schools bank account on the date of subscription and on the same day each year thereafter (each such date being a "Payment Date").

Any increase in the Subscription Fee will be notified on by email) no less than one month prior to the increased Subscription Fee commencing.

Please note that if the website is inaccessible or shutdown due to a fault by us for a period longer than 72 hours you will be afforded a refund of the Subscription Fee for the time during which the website was not available. To claim this refund you must email [email protected]. If you are having connection issues with your internet service provider or computer access then you are not eligible for the refund.

Cancellation

If you wish to cancel your account and/or subscription at any time then you must contact us. We will attempt to reply within 48hrs.

Purchases

You may purchase products through the website in two ways:

When you place an order for a product ("Order") this will be deemed an offer to buy the product for the price stated, subject to these terms.

After you have submitted your Order we will send you an e-mail to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your Order details. The fact that you receive an automatic confirmation does not necessarily mean that we will be able to meet your Order.

Once we have sent the confirmation email we then get to work on meeting your Order and if we can, we will arrange for each product to be sent to the address stated in the Order process.

Alternatively you can buy online using our payment partner Stripe. This will subscribe you to the product immediately at the displayed price.

Returns and Refunds Policy

Except for any product that is customised by or for you, you may at any time within 7 working days of delivery of the product to you change your mind and cancel your Order and receive a full refund PROVIDED THAT you return the product to us in its original condition and with its original packaging, at your own cost.

In the case of any product that is customised by or for you, you will not be entitled to cancel your Order after it has been placed.

In the event of a product is faulty or defective, please contact us as set out below and we will provide you with a replacement copy or a refund.

If you cancel your account, you will not be entitled to a refund for any unused time on a monthly or yearly subscription.

Shipping and Delivery Policy

We use the Royal Mail or Transglobal Express to send out and deliver our packages. When you Order we will do our best to create and prepare your product for shipping within 15 working days of receiving your Order.

Payments for Products and/or Subscription Fees

All Payments made to us are processed by us in conjunction with Stripe.

Payments can only be processed using the credit or debit cards acceptable to Stripe from time to time or card or any other such method as we may introduce in our sole discretion.

Payment is due from the moment an Order is accepted. We aim to debit money from your account within three working days after receiving your Order.

We reserve the right to accept or refuse any payment made in any form.

You will not be charged for any Orders that cannot be fulfilled and where appropriate we will re-credit to your account any sum debited by us.

We cannot guarantee that a particular product will always be available.

Please refer to the Privacy Policy regarding use of your data (including credit card data).

Your credit card company may also do security checks to confirm it is you making the payment.

All Order details and invoices will be sent to the delivery address and not the credit card billing address.

Your statutory rights are unaffected by these terms.

Cardholders under the age of 18 are not permitted to make any payment to us and we reserve the right to request confirmation of the age of any person attempting to process any payment to us.

Quoting And Linking Nightzookeeper.com

If you wish to quote, link, reference or recommend us or the website you must not claim to have an association or affiliation with us or the website unless authorised by us to do so. To request authorization please contact us at [email protected]

Questions

All questions, enquiries or complaints should be sent by email to [email protected], or by post to Wonky Star Ltd, 6 Great Newport Street, London, WC2H 7JB

If you have any ideas for the website or the Night Zookeeper project please contact us and we will consider it.

Liability

We are committed to the website being used solely for educational and entertainment purposes on an "as is" basis and are liable only to provide its services with reasonable skill and care. We do not accept liability for the website working perfectly and accept that there may be times when the website is unavailable. To the maximum extent permitted by law, we exclude liability for any loss or damage of any kind arising out of your use of the website or any information, User Materials or other items you obtained from us, including without limitation any direct, indirect, punitive or consequential damages whether or not such arises out of any problem you may notify to us and we shall have no liability to pay any money by way of compensation.

We do not warrant that the operation of the website will be uninterrupted or error free.

These terms are subject to your statutory and common law consumer rights and shall not limit any rights you might have that may not be excluded under applicable law nor shall it exclude or limit our liability for death or personal injury resulting from neither our negligence nor any fraudulent representation.

Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all such terms and conditions are hereby excluded to the maximum extent permitted by law.

Failure to enforce any of these terms will not be deemed a waiver of any term or right.

If any part of these terms is found to be unenforceable, it will be construed as far as possible to reflect the intention and the remainder of the provisions will remain in full force and effect.

Jurisdiction

Night Zookeeper operates under and complies with the laws and regulations of England and no representation or warranty is made as to whether the website complies with the regulatory regime and local laws of any other country.

Use of the website and these terms are subject to the laws of England which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licences and conditions of use and shall be construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts.

These terms apply to all and any use, access and availability of the website and the purchase of all products. Use of this website and all of the features mentioned above means that you agree to these terms. If You do not agree with these terms You should not use the website.

Definitions

The following words shall have the definitions set out below:

"Adult" - means a person over the age of 18 except that, where the country or jurisdiction of the user has established a higher age for adulthood, that higher age shall apply.

"Child (or Children)" – means a person (or people) under the age of 17.

"Responsible Adult" – means a Teacher, Parent or Guardian or other Adult holding parental responsibility over the Children they permit to use the Services and who accepts the responsibilities set out in these Terms of Use.

"Services" – means the services provided by Night Zookeeper on its website or websites.

"Account" – means a registration for the Website which allows access to, and use of the Website;

"Class" – means the name given to a school Class by a Teacher when they register that Class for the Website;

"a Night Zookeeper" – means a user of the Website who has registered an Account, or a Child participating in the Night Zookeeper Project under the supervision of a Responsible Adult.

"Night Zookeeper Project" – means all Night Zookeeper activities including all school led projects, the use of the Website and the use of all Wonky Star Ltd. Products.

"Payments" – means any payment required to be made to us in respect of any product or service provided or sold by us and made in accordance with these Terms and Conditions and for the avoidance of doubt such payments shall include the Subscription Fee;

"Products" – means the things you can buy through the Website such as merchandise;

"Subscription" – means a registration for the Website which incurs a Subscription Fee but which allows full access to, and use of the Website;

"Teacher" or “School Teacher” – means a person who provides education to Children, and is authorised to do so in the country or jurisdiction in which they teach.

"Termination Date" – means the date on which you cancel your Account and/or Subscription, 7 days after We are notified that you have instructed your nominated bank to cancel the direct debit instruction which pays your Subscription Fee; or on which We terminate your Account or Subscription in accordance with these Terms and Conditions;

"Terms of Use" and “terms” – means this webpage which states the rules and regulations you accept to use the website;

"Us, We and Our and Night Zookeeper" – means Wonky Star Ltd (6 Great Newport Street, WC2H 7JB), trading as Night Zookeeper;

"User Materials" – means all content created by you or under your registration, creations, materials, artwork (including all paintings, drawings, sketches, photos, collages, prints and designs), stories or other creative writing pieces and all other activities uploaded or made available by you (or other users) to or from using the Website;

"Website" – means www.nightzookeeper.com and any and all related pages, sites or online programs;

Updates to These Terms of Use

These Terms may be amended from time to time and you should therefore keep them under review.