By using PocketPixies.com or by clicking a box that states that you accept or agree to the Terms of Use of this website, you signify your agreement to our terms of use.  If you do not agree to our terms of use, you may not use the PocketPixies® website. At times there may be competitions, subscriptions or specific activities offered by

PocketPixies.com where particular rules are applied. These particular rules or Terms and Conditions are in addition to these Terms of use, and in the event of a conflict, prevail over these Terms of Use.

In our absolute discretion at any time we may amend these Terms of Use (including by modification, deletion and/or addition of any portion thereof).  We will advise you of amendments by any means we choose, including by making the amended Terms of Use available on our membership site and sending you an e-mail.  If you do not choose to accept the amended Terms of Use then you must stop using PocketPixies.com. Your continued use of the PocketPixies website will be deemed to be your acceptance of the amended Terms of Use.

Copyright and Intellectual property rights

All information, materials, functions and other content contained on the PocketPixies.com website are our copyrighted property or the copyrighted property of our licensors or licensees.  All trademarks, service marks, trade names, and trade images are proprietary to us and/or our licensors or licensees.  The discretion to change material or Content on this website belongs to PocketPixies.com. We may change the PocketPixies website or delete Content or features at any time, in any way, for any or no reason.

All copyright and other intellectual property rights contained within the PocketPixies Website and contents on it (including, without limitation, the software, design, text and graphics and music comprised in PocketPixies website and the selection and layout of the site) are owned or licensed by Right Promotions Pty Limited Trustee for the Kuiken Family Trust and protected by the laws of Australia and the laws of other countries.

Unless specifically and expressly granted to you, or to other parties, the contents and all rights of this site are the property of Right Promotions Pty Limited Trustee for the Kuiken Family Trust and are protected, without limitation, pursuant to Australian and foreign copyright and trademark laws.

You are authorised: to view the PocketPixies® website and its contents using your web browser. You may access information, games, music and books provided on the site. You may view the material contained on the site and use the services provided.  You may download one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. 

You are not authorised: to reproduce, transmit (including broadcast), communicate, adapt, distribute, sell, modify, upload, post, republish, copy, publish, re-mail or distribute or otherwise use any of the material on the PocketPixies website, including audio and video excerpts, except as permitted by statute or with our prior written consent. Without our prior, specific written agreement, you are not authorised to use any of our Content in a way that suggests any association with us, our products, our services, our website or our brand/s.

Modification or use of the materials for any other purpose is a violation of Right Promotions Pty Limited copyright, trademark, and trade secret rights and others' proprietary rights as well as a breach of the Terms of Use Agreement. The use of any such material on any other website or networked computer environment is prohibited.

In the event that we offer downloads of software on PocketPixies.com and you download such software, the software, including any files, images, music incorporated in or generated by the software, and data accompanying the software (collectively, the Software¯) are licensed to you by Right Promotions Pty Limited or third-party licensors for your personal, non-commercial home use only.  We do not transfer title to the Software to you.  Except to the extent permitted by applicable law, you may not redistribute, sell, or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.

 

Your membership

PocketPixies Pal memberships on PocketPixies.com permit or require you to create an account to participate in the activities offered. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration/membership/joining processes.

In opening a membership you agree that you are a responsible adult and comply with the age requirements.

You agree that any child accessing our website, using your membership, does so with your express permission. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to promptly notify us at contact@pocketpixies.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the PocketPixies® website. In addition, you agree to log off from your account at the end of each session.

We may suspend or terminate your account and your ability to use the PocketPixies® website or portion thereof for failure to comply with these Terms of Use or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever or for no reason.

You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s).  You hereby agree that PocketPixies.com and/or Right Promotions Pty Limited and/or our representatives are not responsible for any or all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use

 

Use or claims arising from your use of the PocketPixies® website and your membership account/s. 

 

Rules of conduct for use of PocketPixies.com

When you use our website you agree that you will not distribute any information that is:

1. Infringing or violating any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
2. Illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
3. Containing a virus or other harmful component, or otherwise tampers with, impairs or damages the PocketPixies website or any connected site or network, or otherwise interferes with any person or entity's use or enjoyment of the PocketPixies website;
4. Defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; or is bigoted, hateful, or racially or otherwise offensive; or is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or otherwise harms any person or entity;
5. Commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
6. Violating specific restrictions including age restrictions,
7. Anti-social, disruptive or destructive to include spamming,flooding,trolling,flaming,cyberbullying and griefing

 

When you use our website you agree that you will not:

1. Submit or post material that infringes or misappropriates any copyright, trademark, trade dress, patent, or trade secret; 
2. Submit any advertisements, commercial messages or public announcements unless we have expressly authorized you to do so;
3. Collect or use email addresses via this site;
4. Use  any data-mining or data-extraction tools; 
5. Impersonate another person;
6. Copy or adapt the HTML code used to generate this site;
7. Employ misleading email addresses or forged headers or otherwise manipulate, through identifiers, to disguise the origin of content transmitted through this site;
8. Access data not intended for you or log onto a server or network or breach security or authentication measures without proper authorization;
9. Contact anyone who has asked not to be contacted.

 

You assume all risk of harm or injury resulting from lack of compliance.

PocketPixies.com cannot guarantee other users compliance of our Rules of Conduct.

 

Permission to use, alter, adapt or generate the content on the site

This site may let you view and contribute content in, and to, Chat rooms, Blogs, Facebook, YouTube, My Space, Twitter, and other communication tools. By submitting content to this site via message boards, chat rooms, blogs, competitions or any other features or tools of the site ("Content") you grant Right Promotions a non-exclusive, worldwide, transferable (whether by assignment or sublicense) fully paid up, royalty-free, irrevocable right to reproduce, prepare derivative works based upon, distribute copies or phone records of, perform, and display such Content in print, digital, or other form or media now known or hereafter devised or discovered in connection with the services including any advertising or marketing thereof.  Nothing herein will obligate PocketPixies.com or Right Promotions Pty Ltd to exercise the rights granted here.  The above licenses granted by you in, and to, such Content terminate within a commercially reasonable time after you remove or delete (or after PocketPixies.com or Right Promotions removes or deletes) the Content from the site ("Term").  You understand and agree, however, that PocketPixies.com and/or Right Promotions Pty Ltd: (a) may retain the Content after the Term for archival purposes and (b) will have no obligation to remove Content that has been distributed or printed during the Term pursuant to these Terms of Use aside from removing the Content from the site. 

 

Linking to PocketPixies.com

To link to our website please email us on contact@pocketpixies.com.  You must not link to the PocketPixies website without permission from PocketPixies.com and/or Right Promotions Pty Limited.

Because we value the trust that parents, young children, members and purchasers place in the integrity of our website we seek to link with sites that enhance what we offer and complement our business ethics. We retain the right to be selective as we place great importance on having affinity and co-branded partnerships that add value to our website and increase our ability to provide quality activities and fun information for young children. We seek to link with companies that demonstrate and value corporate integrity in the children's marketplace.

When you arrange a link to our website, your website, and any material on it, must conform to accepted standards of public decency and good taste. It must not expose us to any risk of liability under any criminal or civil law, or liability arising from the infringement of a third party's rights. Neither you nor the material on your website may disparage us or our goods or services.

 

You agree to indemnify us and keep us indemnified against all actions, claims, costs, demands, damages or liability arising in any manner from a breach by you of these Terms of Use.

 

Your website must not frame a PocketPixies.com webpage, and when a link to our website is created and clicked by a user the following must occur:

1.  The home page of the PocketPixies website must be shown in full without distortion; and

2.  The URL of the front page of PocketPixies.com must be displayed in the address bar of the user's   web browser.

When you link to the PocketPixies website you may only link to our home page PocketPixies.com

1. You are not permitted to create a link to any specific web page on our site.

2. You use and link to PocketPixies.com at your own risk. Except to the extent that any law imposes liability on us which cannot be excluded, we will not be liable for any loss or damage from any cause (including negligence) to your website and system, or to people linking to us from your website(s), caused by, or in connection with, a link to our website. Any such loss or damage will be your responsibility.

3. You must not create the link or use it in any way to represent or imply falsely, deceptively or confusingly that:

1. We sponsor, endorse or are affiliated with, or related to, any third party (including you) or product
2. You are providing, or are the source of, any goods or services provided by us.

 

PocketPixies.com links to other websites

PocketPixies.com seeks to maintain links with ethically and responsible corporations however, there may be situations that are beyond our control and for which we are not responsible. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by PocketPixies.com of the sites nor the information, products or services provided at those sites.

As our website may contain links to third party websites, there may be links that take you out of our website to sites that are beyond our control, such as banner advertisements and links from advertisers, sponsors and content partners that may use our logo as part of a co-branding relationship.  You acknowledge that when you click on any of these aforementioned links, the sites you are taken to are not controlled by us; different terms of use and privacy policies may apply, and we are not responsible for such sites

You access those sites and use the information, products and services made available at those sites solely at your own risk. We strongly encourage you to investigate relevant information before proceeding with any online or offline transaction with any third parties.
While we endeavour to manage our co-branded relationships and linked associations to provide ethical services, information and contact we will not be held responsible for the accuracy, relevance, legality or decency of material contained on sites retrieved in searches and/or listed in search results or identified on search results pages