1. KIDS – PARENT PERMISSION NEEDED!
1.1 If you are a child aged between 6 and 12 years – great! This Website is for you! However, to use the Website, you will first need your parents or legal caregiver to set up an account for you, with us. Your parents or legal caregiver will need to agree to these Terms as part of that account set-up process. If you do not have your parent or legal caregiver’s permission, you must not set up an account or take part in the Website activities. You must not pretend to have your parent or legal caregiver’s permission if you do not have it.
2. APPLICATION OF TERMS
2.1. These Terms apply to you and your child’s use of the Wild Eyes Website. By accessing and using the Website you agree to these Terms.
2.2. The Website is aimed at children between 6 and 12 years old. For your child to participate in the online activities of the Website, you need to register an account with us (i.e. your child needs to become a Member). As part of the account set-up process, you must agree to these Terms by clicking I Agree when prompted. In clicking I Agree, you confirm that:
- you are an adult (you are 18 years or older);
- you are setting up the account to enable a child to use the Website for its intended purpose; and
- you are the parent or legal caregiver for that child.
You will also be required to activate the membership using a link we email to you for that purpose.
2.3. Where you are setting up an account for your child, the responsibilities set out in these Terms apply to both you and your child. You are solely responsible for ensuring that your child complies with these Terms when accessing and using the Website. Any access or use by your child which is not permitted by these Terms is deemed to be a breach of these Terms by you. Any access or use by any person using your child’s Member ID is deemed to be a breach of these Terms by you.
2.4. If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.
2.5. The Website contains a number of guidance notes in various forms e.g. FAQs. Any such guidance notes are for guidance purposes only. Your and our legal rights and responsibilities in relation to the Website are set out entirely in these Terms.
3.1. We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.
3.2. We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.
3.3. These Terms were last updated on 1 December 2016.
In these Terms:
Content means text, images, information and other material uploaded or otherwise made available by a User via the Website
Including and similar words do not imply any limit
Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
Member means an account holder
Member ID means a unique name and/or password allocated to a Member to allow access to certain parts of the Website
Objectionable includes being objectionable, abusive, defamatory, obscene, harassing, threatening, invasive of another’s privacy, misleading, or unlawful in any way
Personal information means information about an identifiable person
Underlying System means any network, system, software, data or material that underlies or is connected to the Website
User means a user of the Website, whether or not a Member
We, us or our means Wild Lab Limited, a limited liability company registered in New Zealand
Website means www.wildeyes.co.nz and includes without limitation, any advertisements, advice, suggestions, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Wild Lab Ltd or its partners on or through the site.
You means you or, if clause 2.2 applies, and the context permits, both you and your child
5. YOUR OBLIGATIONS
5.1. Except as set out in this clause, you must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete. This requirement does not apply to your child’s online name that is viewable by other Users; for this purpose, you must provide a nickname or alias that does not identify your child.
5.2. If you are given a Member ID, you must keep your Member ID secure and:
- not permit any other person to use your Member ID, including not disclosing or providing it to any other person; and
- immediately notify us if you become aware of any unauthorised use or disclosure of your Member ID, by sending an email to [email protected]
5.3. You must:
- not use the Website for any purpose other than its intended purpose;
- not use the Website in a manner, nor transmit, input, or post any Content, that breaches any third party rights (including intellectual property rights and privacy rights) or is Objectionable;
- not impersonate another person or misrepresent authorisation to act on behalf of another person;
- not use the site for commercial activities and/or sales without Wild Eyes prior written consent
- not attempt to view, access or copy any Content or other material or data other than that to which you are authorised to access;
- not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and
- unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
5.4. You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to [email protected]
6. SAFETY AND SECURITY
6.1. We do not warrant or represent that the Website is suitable for any particular purpose, or that any other User is who they say they are. As with any online environment, you must use common sense and rely on your own judgment in your use of the Website.
6.2. We do not undertake to monitor or verify Users’ compliance with these Terms, including to verify the identity or suitability of any User for any purpose, or to verify the suitability of Content made available via the Website.
6.3. We use reasonable efforts, including technical and human measures, to:
- remove embedded geolocation data from images before posting;
- prevent posting of images with features that identify places or people (e.g. street names, school buildings, letterboxes), although you acknowledge that images showing people may be posted;
- keep you informed of Content that is being posted under your Member ID;
- notify you where your child changes their photo upload and/or their profile setting from only privately viewable to publicly viewable; and
- ensure that other Users can post only limited responses to Members’ posts (e.g. “likes”).
6.4. Despite clause 6.3, you acknowledge that:
- mistakes can and do happen and that no system is foolproof. For example ;
- images of locations or people may be readily identifiable by persons familiar with that location or those people, despite the removal of other obvious indications
- even with the best of intentions, images monitored by our staff and/or software may slip through the cracks.
- you must actively monitor your child’s online activities including the Content they post, and the Content posted by other Users that your child can view and/or receives;
- we are dependent on your cooperation to ensure the safety and security of the Website and its Users. You must notify us if you believe any inappropriate Content has been posted by your child. We encourage you to notify us if you believe any inappropriate Content has been posted by another User or any other inappropriate activity has occurred in relation to the Website. Refer to our Reporting Activity requirements set out in clause 12.1.
6.5 Our missions are designed to be fun! In addition, children are notorious at bending rules. You are solely responsible for adequately supervising your child’s mission activities. Although we endeavour to include safety notes in the online descriptions of the missions, these are in no way comprehensive and should be seen as a guideline only. As with all activities in life, the missions involve a degree of risk. You must exercise common sense and take reasonable precautions based on your own assessment. If you cannot remove or reduce a risk to an acceptable level then do not attempt the mission.
7. CONTENT REQUIREMENTS
7.1. You must not, and must not permit any person to, upload or attempt to upload any Content that:
- shows any feature that may identify any person or place (e.g. street names, letterboxes, car licence plates, schools, name tags, school uniforms);
- shows any person’s face, unless you have first obtained that person’s permission; or
- is not yours.
7.2. You will be provided with some options when you set up your account, including:
- to allow your profile to be made available publicly (i.e. to other Users or made available only privately (i.e. viewable only under your Member ID); and
- choosing a user name and password for your account.
You may change your account options at any time by logging on to your account and changing the option settings.
7.3. You may remove Content that you have posted at any time by selecting the ‘delete’ button displayed next to your photo uploads. If you wish to delete a comment you’ve posted against one of your photo uploads you must delete the photo and resubmit it with your new comment for moderation.
8. INTELLECTUAL PROPERTY
8.1. We (and our licensors) own all proprietary and intellectual property rights in:
- the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems; and
- any ideas, comments or suggestions made by you to us relating to the Website or the Underlying Systems (together, Feedback) and anything created by us or our licensors as a result of that Feedback.
8.2. Subject to clause 8.1, you own all Content submitted by you to the Website. You grant us a perpetual, irrevocable, royalty-free, transferable licence to use Content submitted by you (including Content that you attempt to upload but is not uploaded) for any purpose reasonably connected with the safe and proper operation of the Website (subject to our obligations under the Privacy Act 1993).
8.3. You are responsible for ensuring that you have all necessary permissions to upload your Content, including from other people who appear in any images you upload.
9.1. To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
- any inappropriate Content posted to the Website;
- any inappropriate activity by any User or other person, including use of the Website by any User or other person for an improper purpose;
- any error in, or omission from, or failure to remove any information from, information or Content made available through the Website;
- the Website being unavailable (in whole or in part) or performing slowly, or delays in publication of Content on the Website;
- any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
- any third party website linked from the Website. When you access third party websites, you do so at your own risk. These other websites are not under our control, and we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. Any link on the Website to other third party websites does not imply any association, partnership, endorsement, approval or recommendation of, or responsibility for, those websites or their contents, operations, products or operators.
9.2. The Website is intended for use by Users in New Zealand. We make no representation or warranty that the Website is appropriate or available for use in all countries or that the Content or purpose satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.
10.1. To the maximum extent permitted by law:
- you access and use the Website at your own risk; and
- we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
10.2. Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD100.
10.3. You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses the Website by using your Member ID.
11.2. You are not required to provide personal information to us, although in some cases if you choose not to do so then we will be unable to make certain sections of the Website available to you. For example, we will need to have your contact information in order to provide you with updates from our Website.
11.4. To the maximum extent permitted by law, we make no guarantee that any Content, communication or other information uploaded or transmitted via the Website will be kept confidential or private.
12. REPORTING ACTIVITY
12.1. We encourage all Users to alert us to any inappropriate Content or activity that comes to your attention in relation to the Website. Please contact us promptly at [email protected] and:
- do let us know the details of the Content or activity that is in issue;
- do, if you are able to, take steps to minimise any further harm (e.g. by removing Content that you have posted which should not have been posted, or by preventing your child’s access to any inappropriate Content until the matter is resolved); and
- do not take matters into your own hands e.g. by contacting any person you suspect of carrying out any unauthorised activity or by further circulating any inappropriate Content.
12.2. Provided you comply with the requirements above, we will deal with your report in confidence.
13. SUSPENSION, TERMINATION AND OTHER ACTIONS
13.1. Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).
13.2. On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.
13.3. We reserve the right, in our absolute discretion, to take any action we consider is necessary or desirable to maintain the safety and security of the Website, its Users, and any other person, including:
- taking steps to verify the identify of any User;
- removing any Content made available through the Website;
- suspending or terminating any User access to the Website or any Member account;
- seeking your confirmation from time to time that you wish for your child’s membership to continue;
- reminding you from time to time to monitor your child’s activity and/or asking you to verify any Content made available through your child’s Member ID; and
- reporting any undesirable Website activity to an appropriate authority (e.g. the police)
14.1. If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
14.2. These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the courts of New Zealand in relation to any dispute connected with these Terms or the Website.
14.3. For us to waive a right under these Terms, the waiver must be in writing.
14.4. Clauses which, by their nature, are intended to survive termination of these Terms, including clause 10, continues in force.
14.5. If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
14.6. These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. You and we have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.