TERMS & CONDITIONS and PRIVACY POLICY.
DEFINITIONS:
"The Story Mouse" means the www.thestorymouse.com, www.thestorymouse.co.uk and any other website(s) We may establish together with the organisation behind them, and any subsequent owner(s) of the site(s), or URL which may replace it, hereinafter referred to as "The Story Mouse", "Us", "We", the “Site", "Website" or "Our Service".
"User" means a person who uses the Site or purchases Content from the Site, hereinafter referred to as “User”, “You” or “Your”.
“Conditions” means these Terms & Conditions and Privacy Policy and any special Conditions. “Content” means the soundfiles and stories available for download and offered for sale on the Site. “Download” means the action of transferring a soundfile from our Site to your computer. “Intellectual Property” means the stories and other Content offered for sale and download on the Site. “Personal Information” means the details provided by you on registration and any information which is collected automatically by cookies. “Cookies” means small text files which our Site places on your computer’s hard drive to store information about your shopping session and to identify your computer.
JURISDICTION
These Terms & Conditions and Privacy Policy shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England. If you do not agree to be bound by all of these Terms & Conditions and Privacy Policy you may not use or access this Site.
INTRODUCTION
The Terms & Conditions must be read in conjunction with our Privacy Policy.
In order to download Content from our Site you are required to register as an authorised user on the Site. If you do not agree to our Terms & Conditions and/or Privacy Policy, please do not register for or use the Site.
These Terms & Conditions and Privacy Policy apply to all Story Mouse websites and by accessing these websites and/or placing an order you agree to be bound by the Terms & Conditions and Privacy Policy. You should check these pages regularly to take notice of any changes we may have made to these Terms & Conditions and Privacy Policy. If you do not accept any changes to the Terms & Conditions and/or Privacy Policy, you should not continue to use the site. Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.
The headings of the paragraphs of these Terms & Conditions and Privacy Policy are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of these Terms & Conditions and Privacy Policy.
If you have any questions about these Terms & Conditions and Privacy Policy please contact us by using this form BEFORE you place an order.
SECTION 1 - TERMS & CONDITIONS.
1.1. GENERAL
i. Our Service, Site and products are provided "as is" and "as available", and are provided without any warranties or guarantees of any kind. YOU MUST BEAR ALL THE RISKS ASSOCIATED WITH USE OF THE INTERNET.
ii. The provisions herein are for the benefit of us and our third party Content providers and licensors, and any assignees of the same, and each shall have the right to assert and enforce such provisions.
iii. If any provision of these Terms & Conditions and Privacy Policy is held by any court or other competent authority to be void or unenforceable in whole or part, the other provisions of these Terms & Conditions and Privacy Policy and the remainder of the affected provisions shall continue to be valid.
iv. You must be aged 18 or over to use this Site. By placing an order with us, you confirm that you are of legal age to purchase the Content. If you are under 18 years of age you may not use this site.
v. The Site 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 Site and any transactions conducted on or through the Site.
1.2. THE STORY MOUSE SERVICE
The Story Mouse is the creator and provider of a service that allows users to select audio content through The Story Mouse website(s) and to playback this audio on the user's computer and transfer the audio to CD or an MP3 player.
1.3. SYSTEM REQUIREMENTS
Prior to accepting these Terms & Conditions and Privacy Policy you must ensure that the device you use to access the Site meets the specifications required. Use of the Site requires a compatible computer with soundcard and speakers, broadband internet access, certain software (e.g. Windows Media Player or iTunes) and a browser with java, flash and cookies enabled. Any fees payable for any such hardware, internet access or software shall be your responsibility. You are also responsible for obtaining and maintaining all hardware and software required for access to and use of the Site.
1.4. VIRUS PROTECTION AND COMPATIBILITY
i. While certain precautions have been taken to detect computer viruses and ensure security, we cannot guarantee that this Site is virus free and secure, or that these precautions will be able to detect all known viruses and their variants. We do not represent or warrant that the Site or any Content available for downloading through the Site will be free of viruses, disabling codes, worms, time bombs, Trojan horses, cancelbots or any other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer's functionality or operation and which may be transferred to your computer via our Service, by accident, mishandling, misuse, and/or improper installation, service or maintenance, and/or modification of our software, Content, or the media on which our software and Content are furnished, or your lack of the necessary hardware or software, and we accept no responsibility for any loss and/or damage howsoever caused.
ii. You assume the entire cost of any necessary service, repair, or correction.
iii. You must make sure that whenever you are downloading ANY files from the internet that you have a firewall or other similar security measures installed to help prevent any malicious scripts or viruses that could attack your computer.
iv. You agree that it is your responsibility to purchase and install such anti-virus software on your computer. Consult your Windows help file or anti-virus software documentation for more details.
v. YOU MUST BEAR ALL THE RISKS ASSOCIATED WITH USE OF THE INTERNET.
1.5. LIMITATION OF LIABILITY
i. To the fullest extent permitted by law in no event shall we have any liability whatsoever to you or any third party for any loss of profits, records or data, interruption of service, or loss of business or business opportunities, loss of revenue, loss of actual and/or anticipated savings, wasted expenditure or breach of security, including, without limitation, any loss and/or damage that may have been caused by a virus or other data corruption problem resulting from access to, downloading from and/or use of the Service, the Site and and/or purchase of any items on the Site.
ii. Our liability to You will not exceed the total price charged for the relevant Download of Content.
iii. We give no warranties or guarantees as to the compatibility of the Site with your computer systems, software or hardware, or that the Site will meet your requirements or that the Site will be fault-free. If a fault occurs, you should tell us by e-mailing here and we will attempt to correct the fault as soon as we reasonably can.
iv. We shall be under no liability for damage, loss or expense resulting from the failure to give advice or information or the giving of incorrect advice or information, whether on the Site or elsewhere, and whether or not due to our negligence or that of any of our employees, agents or sub-contractors.
v. We assume no responsibility or legal and equitable liability whatsoever for the actions, advertisements, products or services of any affiliated third-parties.
vi. Although the Site is accessible worldwide, not all services, information and Content are available to Users in all geographic locations or jurisdictions. We reserve the right to limit the availability of any services, information and Content to any User, geographic area or jurisdiction. Any offer of any services, information and Content on the Site is void where prohibited by law and we make no promise that Content on our Site is appropriate or available for use in locations outside the United Kingdom. Accessing the Site from territories where its Contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so at your own initiative and are responsible for compliance with local laws.
1.6. 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 these Terms & Conditions and Privacy Policy by you or any other liabilities arising out of your use of this Site, or the use by any other person accessing the Site using your username and password and/or Your Personal Information.
1.7. AVAILABILITY
i. We use our best endeavours to ensure that the Site has 100% availability. However there may be occasions when access to the Site will be interrupted for emergency repairs, maintenance or upgrading. Wherever possible, such interruption will be undertaken during periods of minimal usage.
ii. Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw, vary or amend the Site and its services and/or any page of the Site or any Content on the Site without notice.
iii. You agree that we shall not be liable to you or any third party, for any suspension, modification or discontinuance of the Site.
1.8. PERMITTED USES OF THE CONTENT & INTELLECTUAL PROPERTY YOU PURCHASE
i. The copyright on all the Content available for Download on the Site is owned by Us or licensed to Us and is for your personal use only. Once purchased, You may transfer the Content once to CD, MP3 player or other personal listening device. The Content and any other copyrighted material may not be edited, modified, distributed, shared, displayed, e-mailed, transmitted, sold or otherwise transferred, conveyed or used, in a manner inconsistent with these Terms & Conditions and Privacy Policy, use of the software or rights of the copyright owner.
ii. The design of our Site and all Content is copyright of The Story Mouse or its licensors, all rights are reserved. The selection and arrangement of such Content, as well as specific Content on the Site are considered proprietary by us. Nothing on the Site should be taken as conferring any licence or right to use any trademark or image displayed on the Site without prior written approval from us or the trademark owner.
1.9. AMENDMENTS
We may from time to time impose conditions, including registration, fees and charges, for the use of some facilities of the Site, which shall be effective immediately upon notice thereof on the Site. Any use of the Site after such notice shall be deemed to constitute acceptance of such changes, modifications or additions.
1.10. PROHIBITIONS
You must not misuse this Website. You agree that you will not commit or encourage a criminal offence, transmit or distribute a virus, Trojan, worm, logic bomb or hack into any aspect of the Service, corrupt data, cause annoyance to other users, infringe upon the rights of any other person's proprietary rights, send any unsolicited advertising or promotional material, commonly referred to as "spam" or attempt to affect the performance or functionality of any computer facilities of or accessed through the Site. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
1.11. PAYMENTS
For your security all financial transactions on this Site are carried out through PayPal who will collect from you the information necessary to process your payment, and keep a record of it. We can see the basic details of your purchase in a secure area of their site, but we do not see your credit card details. As a company dedicated to the transferral of online payments, PayPal's payment security features are extensive, including 128-bit SSL encryption technology. You will be sent through to the PayPal site automatically after you confirm your order at the checkout.
1.12. PRICES
All prices on our Site are in £ sterling at the price prevailing at the time you place your order. Due to the nature of our delivery method (immediate download of MP3 files over the Internet) we impose no delivery charges.
1.13. REFUNDS AND CANCELLATION POLICY
i. We make every effort to ensure that all Downloads are delivered to your computer efficiently. Because the Downloads you buy are sent to your computer as soon as we have confirmation of your order (including receiving payment from you), cancellation of an order once you have completed the check-out process is impossible so we ask that you take care when placing products in your shopping basket. If you experience problems, please contact us immediately and where this is due to our default we will send you the files by e-mail.
ii. We want you to be completely happy with the Downloads you buy and to that end we will make a refund to the value of the Download(s) if they fail to meet your expectations. For refunds or any problems you encounter, please e-mail us at here .
1.14. ERRORS AND OMISSIONS
We try to ensure all the information on our Site is as up to date and accurate as possible, but occasionally errors may occur. If we discover an error we will put it right as soon as possible. If you believe you have discovered an error, please let us know immediately by e-mailing here.
1.15. LINKS
i. The Site may include links that allow you to leave the Site and visit third party sites. We are not responsible for and have no control over any websites to which we have links or the contents of such websites. The inclusion of links to these websites does not imply any endorsement of any Content or material on such websites or any association with their operators' services or products or any responsibility for the treatment of any personal information you provide to any third party.
ii. You may link to our home page provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
iii. You must not establish a link from any website that is not owned by you.
1.16. SUITABILITY OF STORIES
i. Children of similar ages can have very different sensitivities, so any references we make to age groups and the suitability of stories for these age groups are intended as a guide only. While all of our Content has been produced with children in mind, it is your responsibility to listen to any Content you purchase and satisfy yourself that it is appropriate for the intended use before playing it to the child.
ii. YOU AGREE THAT WE WILL NOT BE LIABLE/RESPONSIBLE IN ANY WAY FOR A CHILD’S REACTION TO THE CONTENT.
1.17. FORCE MAJEURE
We shall not be responsible for any failure or delay to provide the services, information and Content or access to the Site to the extent that such interruption has been caused by the you, or by force majeure including any circumstances beyond our control such as but not limited to: (a) acts of God, civil commotion, riots, war, rebellion, national or international emergency or trade disputes; (b) breakdown of hardware or software (including failure of an Internet Service Provider used by us in the provision of the Site), sabotage or embargo; or (c) any order or local, national or international authority.
SECTION 2 - PRIVACY POLICY.
2.1. GENERAL
We take your security and privacy very seriously and we fully appreciate and respect the importance of privacy on the internet. Your personal information will be kept on a secure server (which may be outside the European Economic Area) and we will fully comply with all applicable UK Data Protection and consumer legislation. Below is an explanation of how your information is collected and used by us. If you do not agree to be bound by all of this Privacy Policy together with our general Terms & Conditions you may not use or access this Site.
2.2. COOKIES
A cookie is a small information file that is sent to your computer and is stored on your hard drive. If you have registered with us, your computer will store an identifying cookie which will save you time whenever you re-visit the Site by remembering your email address for you. You can change the settings on your browser to prevent cookies being stored on your computer without your explicit consent, but if you do not accept cookies you will not be able to use this Site.
2.3. AUTOMATIC COLLECTION OF INFORMATION
When you visit the Site, we automatically collect and store certain information using cookies and code embedded in the Site. The information collected is: the date and time, the originating IP address, the type of browser and operating system used (if provided by the browser), the URL of the referring page (if provided by the browser), the item requested, completion status of the request and pages visited. In many cases an IP address will indicate a geographic region in which the computer is located.
2.4. INFORMATION RELATING TO YOUR USERNAME AND PASSWORD
i. The Site includes areas where you are requested to input personal information to create a username and password. Your first name, last name and a valid email address are the only pieces of personal information you are required submit to access the Site. By submitting this information you agree that your email address may be used by us for the purpose of contacting you for marketing the Site and/or other purposes and you grant us a perpetual royalty free licence to use such information for these purposes, unless specifically requested in writing not to do so. You agree to allow us to track, record and maintain statistics relating to visitors on the Site, including but not limited to, the source of your entry to the site and navigation throughout the site.
ii. You agree that you do not object to us contacting you for any of the purposes above and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003
iii. You are responsible for ensuring that your username and password are kept confidential at all times and are used only in accordance with the rules from time to time of the Site.
iv. You are entirely liable for all activities conducted and charges incurred under your username and password whether authorised by you or not.
v. By submitting your information you consent to the use of that information as set out in these entire Terms & Conditions and Privacy Policy.
2.5. HOW WE USE YOUR INFORMATION
i. To take and fulfil your orders
ii. To administer, analyse and enhance the Site and Service.
iii. To assign a name to your user id and password. iv. To provide benefits and services from time to time relating to the Site.
v. This information will be held indefinitely.
2.6. DISCLOSURES OF YOUR INFORMATION
The internet is a global environment and using the internet to collect and process personal data involves transmitting data internationally. By using this Site and communicating electronically with us you acknowledge and agree to our processing your personal data as set out in this policy. We may disclose your personal information to third parties under the following circumstances:
i. In the event that we sell or buy any business or assets;
ii. If we or substantially all of our assets are acquired by a third party, in which case personal data which we hold about you may be one of the transferred assets.
iii. If we are under a duty to disclose or share your personal data in order to comply with any legal obligation including requests for information from the police or any other regulatory or government authority.
iv. In order to enforce or apply our terms of or to protect the rights, property, or safety of The Story Mouse, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
2.7. EXTERNAL LINKS
From time to time, we will include links which take you to other sites, including the 3rd party we use to handle your payment. We are not responsible for and have no control over any websites to which we have links or the contents of such websites. Please be aware that by clicking through to these sites you are then subject to the privacy policies of the new site.
2.8. PAYMENTS
All financial transactions are carried out through PayPal. They will collect from you the information necessary to process Your payment, and keep a record of it. By using the PayPal service you are subject to their Terms & Conditions and Privacy Policy.
2.9. CONTACTING YOU
If You make a purchase from our Site we may occasionally update you on our latest products, news and special offers via e-mail. Please be aware that as with all e-mails, this form of communication is not immune from interception and misdirection. If you wish to be taken off our mailing list, please let us know at here
2.10. CONTACTING US
We welcome all feedback, as well as your questions. You can contact us here and we will endeavour to get back to you as quickly as possible. Our geographic address is 83 Gilbert Scott Court, Amersham HP70AR, UK, and our phone number is 01494 752383.