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Tiny Tribe Terms of Use

Your use of the Websites

The websites at tinytribe.com.au, sookibaby.com.au and sosooki.com.au (‘Websites’) are owned and operated by Tiny Tribe Pty Ltd (‘Tiny Tribe’). By using the Websites or by clicking ‘I Accept’ when signing up for a User Account on the Websites, you accept and agree to comply with these Terms of Use. If you do not agree with any of these Terms of Use, you should not use the Websites. Tiny Tribe reserves the right to change these Terms of Use at any time without notice and by using the Websites you agree to be bound by such changes.

Privacy Policy

The Privacy Policy forms part of these Terms of Use.

Ownership of Material on the Websites

All material on the Websites, including, without limitation, text, domain names, clothing designs, fabric designs, copyright materials, company and business names, logos, graphics, images, photographs, illustrations, music, audio clips, video clips, diagrams, logos, buttons, icons, and software (‘Material’) and all right, title and interest including intellectual property rights in and to the Material is owned and/or controlled exclusively by Tiny Tribe, its affiliates or others who have licensed their material to Tiny Tribe (unless expressly indicated otherwise). You have no rights to use the Material other than as expressly set out in these Terms of Use.

Your use of Material

You are granted a non-exclusive, non-assignable and non-transferable licence to use the Websites only under these Terms of Use. You may view the Material for your own personal and non-commercial use only. Otherwise, you must not copy, modify, reproduce, alter, sell, re-publish, licence, frame, upload, post, transmit, distribute, display, communicate or use the Material in any way unless expressly authorised in writing by Tiny Tribe. Nothing in these Terms of Use or the Websites will grant you ownership of any Material (including intellectual property rights therein). You must not use any device or software that may interfere with the proper functionality of the Material or the Websites.

Names and trade marks

The trade marks ‘TINY TRIBE’, ‘SOSOOKI’ and ‘SOOKIbaby’ are owned by Tiny Tribe and may not be used unless expressly authorised in writing by Tiny Tribe.

Communication forum

The Websites may contain communication facilities which provide feedback by users to Tiny Tribe, real-time interaction between users and other electronic messaging and notice services (‘Communication Forum’). The information and opinions expressed in any Communication Forum are not necessarily those of Tiny Tribe and Tiny Tribe is not responsible for any material in any Communication Forum. You are solely responsible for any material submitted or published by you in any Communication Forum including written materials, photographs, audio, visual and audio-visual materials, information, ideas, concepts and other material (‘Communications’). You must not submit or publish any Communications on the Websites which:

  • are threatening, harmful, abusive, harassing, defamatory, obscene, vulgar, pornographic, sexually explicit, profane, indecent, hateful, racially, ethnically or otherwise objectionable, false, misleading or deceptive;
    you do not own or do not have a right to reproduce, display or transmit or that violates or infringes upon the rights of any other person, including material which is an invasion of any privacy rights or which is protected by copyright, trade mark or any other proprietary right;
  • features a person under the age of 18 years unless you are the parent or legal guardian of that person;
  • impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity;
  • violates any law or advocates illegal activity;
  • contains a virus or corrupted data; or
  • advertises or solicits money, goods or services.

Tiny Tribe reserves the right to edit, refuse to post or to remove any Communications posted by you including any Communications in the nature of those described above or that are, in Tiny Tribe's sole opinion, in breach of these Terms of Use or unacceptable.

User account

You may be required to create an account (‘User Account’) before you can access certain Material, or submit Communications on the Websites. You must provide complete and accurate information when creating a User Account. You cannot use another person’s User Account and must immediately notify us of unauthorised use of your User Account. Tiny Tribe reserves the right to fully co-operate with any legal order, direction or request to disclose the identity or other information in respect of anyone using the Websites in a manner which violate any law.

Age

To access and use the Websites and establish a User Account you must be 13 years of age or over. To upload, post or otherwise submit Communications on the Websites you must be 18 years of age or over.

Submissions by You

By submitting Communications to any areas of the Websites, you automatically grant Tiny Tribe a royalty-free, perpetual, irrevocable, non-exclusive, transferable right and licence to use the Communications in any manner and in all media (whether now known or later devised) throughout the world in perpetuity. This includes the right to edit, adapt, modify, change, add to and detract from the Communications and to use the Communications for any purpose including commercial purposes. You agree that Tiny Tribe does not have to credit you as the author/provider of Communications and may materially alter any Communications in its sole discretion.

Linked websites and advertising

From time to time the Websites may contain links to other websites. Tiny Tribe is not responsible for the content of other websites or any link contained in other websites. Tiny Tribe provides these links to you as a convenience only. If you access any other website, you do so entirely at your own risk, and you should consider the terms and conditions of use that apply to that website.

From time to time the Websites may also contain advertisements for third party products and/or services. These advertisements are not recommendations or endorsements by Tiny Tribe and Tiny Tribe is not responsible for the products and/or services being advertised. Please refer to the relevant advertiser for all information regarding the advertiser and its products and/or services.

Disclaimer and limitation of liability

To the fullest extent permitted by law, Tiny Tribe excludes all conditions and warranties (express and implied) of any kind.

Tiny Tribe does not warrant: that the functions contained in any Material or Communications Forum or your access to the Websites will be uninterrupted or error-free; that any defects will be corrected; or that the Websites or the server which stores and transmits Material to you are free of viruses or any other harmful components.

Tiny Tribe does not warrant or make any representation regarding your access to, or the results of your access to, the Websites (including any related or linked websites) or any Material in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.

Under no circumstances (including without limitation, any act or omission on the part of Tiny Tribe) will Tiny Tribe or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss whatsoever which results from any use or access of, or any inability to use or access, the Websites or any Material.

Certain laws may not allow the exclusion of some conditions and warranties and in that case some of the above exclusions may not apply to you if and to the extent they are not permitted by law.

Indemnity

You agree to indemnify Tiny Tribe and its officers, directors, agents and affiliates from and against all claims, liabilities, costs and expenses (including legal costs on a full indemnity basis) resulting from your failure to comply with these Terms of Use.

Termination

Tiny Tribe may (in its sole discretion and without prior notice to you) terminate your licence to access the Websites and the Material, and to submit Communications, if you breach these Terms of Use.

Applicable law

The Websites are controlled by Tiny Tribe from its offices in New South Wales, Australia. Tiny Tribe makes no representation that the Material on the Websites is appropriate or available for use in other locations. Those who choose to access the Websites from locations outside Australia do so at their own initiative and are responsible for compliance with local laws.

These Terms of Use will be governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales. If any provision of these Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms of Use which will continue in full force and effect.

These Terms of Use are dated July 2013.

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