Effective Date 21 July, 2008
All software, games, documentation, intellectual property and content accessed through Tutpup are owned by Mind Candy and protected by English, European and international laws. Mind Candy's affiliates and any subsidiary companies, and their licensors (collectively, 'we', 'us', or 'our') own all right, title and interest to Tutpup.
The TOU do not transfer title to Tutpup to you. The rights granted are limited and do not include any other patents or other intellectual property rights. Mind Candy retains full and complete title to Tutpup and all intellectual property rights therein.
Tutpup hereby grants you a non-exclusive license use of Tutpup on the Tutpup.com website for non-commercial and personal or educational use only.
You may not:
Tutpup is not intended for use in connection with games of chance, any form of gambling or illegal activity. Tutpup shall have no liability in connection with the use of Tutpup, in such situations.
Tutpup is provided 'As Is', and comes with no warranties, it may contain errors, defects and not be available on an uninterrupted basis. Tutpup cannot promise that the servers we use to make Tutpup.com available won't contain viruses or things that might harm your computer. Some of the exclusions may not apply and you may have other legal or statutory rights depending on where you live.
As a registered user of Tutpup, you agree to indemnify, defend, and hold Tutpup, our officers, directors, owners, staff, agents, content and information providers, licensors, and licensees harmless from and against any and all liabilities and costs (including fair legal expenses) incurred by any of the the Indemnified Parties in connection with any claim arising out of any breach by you of this agreement. You shall use your best efforts to help us in the defence of any claim. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
There are no circumstances in which Tutpup shall be liable for any personal injury, direct, indirect, incidental or consequential damages - including (but not limited to) loss of data, business interruption, loss or profits - under any legal system or regime, that result from the use, or inability to use Tutpup. The law applicable to you may or may not allow the exclusion or limitation of any liability or damages and may cause some parts of this policy to be inapplicable.
If you or your child/student(s) are unhappy with any aspect of Tutpup or these TOU then your only remedy is to discontinue using any and all aspects of Tutpup. You will also need to notify Tutpup by email specifying the screen name, school (where applicable) and this must come from the email address originally used to create the account (in a school this will be the teacher's email address). The total liability Tutpup will have will be limited to (excluding negligence) the amount paid by you to Tutpup, or £1 - whichever is the lesser amount.
Tutpup operate from London, England. We make no representation that Tutpup is appropriate or available for use in any particular geographical location. People who choose to use Tutpup, are responsible for any compliance with local laws and regulations, if and to the extent local laws are applicable.
These TOU apply until terminated by either you, your educational institution or by Tutpup. Tutpup reserve the right, at our discretion, to terminate access to any or all of Tutpup and any related services at any time, without notice, to either an individual or group of users - including educational establishments and classes within these. This may include an automatic closure of all of your children/student's accounts. If you or your child/student is unhappy with any aspect of Tutpup or these TOU then your only remedy is to discontinue using any and all aspects of Tutpup.
By uploading or submitting any materials to Tutpup, you and any of your children/students, who are registered users of Tutpup automatically grant to Tutpup a perpetual, royalty-free, non-exclusive right and license to reproduce, use, adapt, modify, publish, create derivative works from, translate and distribute any such materials or incorporate them in any form, medium (both known or subsequently developed). You also warrant that all moral rights and other rights recognised throughout the world (including the European Union) in those materials have been waived.
If you do not agree this, do not allow your child/student to use Tutpup.
Our Terms fall under the jurisdiction of the laws of England. You agree that any action (in equity or at law) arising out of or relating to these TOU shall be heard and adjudicated only in the courts of England. You hereby consent and submit to the jurisdiction of this system for the purposes of litigating any action. Should any provision of our TOU be deemed void or unlawful, for any reason, or unenforceable, then that provision shall be deemed severable from these and shall not affect the enforceability or validity of any remaining provisions.
Effective Date 21 July, 2008