joy-everafter.com website (the "site") is operated by Kathy Smart Game Design Pty Ltd trading as Joy Everafter Stories, a business registered in Australia, Australian Company Number 634 356 657.

Here are the formal Terms of Use.

2 January 2021

WEBSITE TERMS OF USE

1. Scope
These Terms of Use outline how you are to use our website and legal and business content, as well as the other resources found on our website (our site). We have developed our content to help you learn more about Joy Everafter products such as the Frog's Princess interactive storybook, and how to help players get the most benefit from them.

In these Terms of Use, we, us or our means Kathy Smart Game Design Pty Ltd trading as Joy Everafter Stories ACN 634 356 657.

2. Consent & Acceptance of Terms
If you access or use information contained in our site, you are taken to have agreed to these Terms of Use and our privacy policy,https://joy-everafter.com/privacy (together, Terms). We ask you to please read these Terms carefully. If you don’t agree with our Terms, then you must cease using our site immediately.
 
General Information Only
  1. Please note that materials and content on this site (Content) are not comprehensive. Our Content is designed for you to be able to inform yourself, generally, of what the Frog’s Princess interactive storybook is like. We have not created our Content with your specific needs, objectives or circumstances in mind. Before you act, or rely on any of our Content, you need to ensure any Content meets needs specific to you and your situation.
  2. We consider the content on the Frog’s Princess site is suitable for children 8 years of age or older.
  3. While we use reasonable effort to ensure that our Content is accurate, current and complete, we don’t represent, warrant or guarantee its accuracy, currency or completeness (to the maximum extent permitted by law - see below).

3. No relationship formed
If you use our site, or receive any information from us (such as via Content), this does not in itself mean that a consumer relationship, or any other type of relationship, is created.

4. Licence
So that you can use and access our site, we grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our site in accordance with these Terms.  All other uses of our site are prohibited unless we give you our written consent.

5. Unauthorised Conduct
  • To use our site and our Content, we expect you to abide by a certain standard of behaviour. You must not do or attempt to do anything that is unlawful, prohibited by any laws applicable to our site, anything which we would consider inappropriate, or which might bring us or our site into disrepute.
  • This includes:
  • anything that would be a breach of any other person’s privacy (including if you upload personal information about an individual without their consent) or any other legal rights;
  • using our site to defame, harass, threaten, menace, or offend any person;
  • interfering with anyone using our site;
  • tampering with or modifying our site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our site, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with our site;
  • using our site to send unsolicited email messages; or
  • facilitating or assisting a third party to do any of the above acts.

6. Intellectual Property
  1. Unless we indicate otherwise, we own or licence all rights, title and interest (including intellectual property rights) in our site and all of our Content. Your use of our site and your use of and access to any of our Content does not grant or transfer to you any rights, title or interest in relation to our site or our Content.
  2. In relation to our Content you must not:
  1. copy or use it, in whole or in part; or
  2. sell it to any third party.
    1. You must not breach any intellectual property rights connected with our site or our Content, including (without limitation) altering or modifying any of our Content or creating derivative works from the Content.

7. Customer testimonials
If you provide us with a testimonial, you permit us to post or otherwise transmit the review or testimonial on our social media or other channels. You can email us and ask us not to do this, at any time.

8. Third-Party Websites
Our site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites.  We recommend that you make your own investigations to ensure those websites are suitable for you.

9. Varying These Terms
We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our site. We recommend you check our site regularly to ensure you are aware of our current terms. We will note changes to these Terms at the bottom so you will know what has changed.  Content is subject to change without notice.

10. Our Discretion
We have a right to discontinue our site. This can be at any time, and may be without notice. We may also exclude any person from using our site, at any time and at our sole discretion. We are not responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

11. Warranties
  1. To the maximum extent permitted by law, we make no representations or warranties about our site or the Content, including that:
    1. they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
    2. access will be uninterrupted, error-free or free from viruses; or
    3. our site will be secure.
    4. You read, use and act on our site and the Content at your own risk.

12. Liability is Limited
To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our site and/or the Content and/or any inaccessibility of, interruption to or outage of our site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.

13. Indemnification
To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

14. Governing law
  1. Use of our site and these Terms are governed by the laws of South Australia, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in South Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
  2. If you access our site and you are based overseas, we do not represent that our site complies with the laws (including intellectual property laws) of the country in which you reside (if you reside outside Australia).  You are responsible for complying with the laws of the jurisdiction where you access our site and please note that you access our site at your own risk.
15. Contact
If you have any questions for us regarding these Terms, you can contact us at:
This email address is being protected from spambots. You need JavaScript enabled to view it.
+61 8 71222055 (Australian Central Standard Time)
Unit 15 206-208 North East Road, Klemzig, SA 5087 Australia
 
Last updated: 2 January 2021 by Kathleen Smart