Terms of Use


1. Terms of Use ("Terms")

Welcome to theoctonauts.com. By using theoctonauts.com, you agree to be legally bound by these Terms. If you do not agree to be legally bound by all these Terms, you may not access or use theoctonauts.com and should exit immediately.

If you are below the age of 16 then please get a parent's or guardian's permission before using theoctonauts.com.

2. Introduction

theoctonauts.com is owned and managed by Vampire Squid Productions Limited, a Silvergate Media company ("Silvergate"). Silvergate is a company registered in England and Wales, (registered number 07767492) whose registered office is at Aldwych House, 81 Aldwych, London WC2B 4HN. Silvergate shall have the right at its sole discretion to modify, add or remove any terms or conditions of these Terms without notice or liability to you. Any changes to these Terms shall be effective immediately following the posting of any such changes on theoctonauts.com.

Please review these Terms regularly to ensure you are aware of any changes made by Silvergate. Your continued use of theoctonauts.com after changes are posted means you agree to be legally bound by these Terms as updated and amended.

3. Ownership and Restrictions

theoctonauts.com and its design and contents including all text based, still and motion video, audio and audio visual material, code and/or software ("the Materials") are owned by Silvergate and its applicable third parties. You agree not to modify, copy, reproduce, broadcast, republish, sell, resell, exploit, create derivative works or distribute in any way any portion of theoctonauts.com or the Materials.

Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trade mark, patent, registered design, design right, copyright or other intellectual property right of Silvergate or of theoctonauts.com. "Silvergate", and all Silvergate-owned copyrights, trademarks and proprietary rights on theoctonauts.com are the property of Silvergate unless otherwise stated. OCTONAUTS™ and OCTOPOD™ are trademarks and/or service marks of Meomi Design, Inc. Any unauthorised use of these marks is unlawful. All content on this web site (the "Site"), including, without limitation, all programs, interface layout, interface text, documentation and graphics, animations, video clips, and downloadables is the copyrighted protection of Silvergate (or as otherwise stated) and is protected by international copyright law. The content on theoctonauts.com may be used by you only for your personal use as provided in these Terms, but may not be taken out of context or presented in a misleading or discriminatory manner.

If you download or print any Material from this Site, the Material, including any images or files included in or generated by the Material and data accompanying the Material is subject to the limited licence set out below. You may not distribute, sell or transmit the Material and you are not permitted to alter, modify or adapt it.

Licence: You are granted a personal, limited, non-transferable, non-exclusive licence to access theoctonauts.com and use theoctonauts.com and the Materials, provided that you do not, and do not allow any third party, to modify or create a derivative work of, reverse engineer, or otherwise attempt to discover any source code in software available on theoctonauts.com. The grant of this limited licence is conditional upon your agreement to and compliance with all of these Terms. Silvergate may revoke this licence at any time and in its absolute discretion.

4. Privacy Statement

Silvergate is keen to strike a fair balance between your personal privacy and ensuring you obtain full value from theoctonauts.com. Theoctonauts.com links to different sites which have their own terms and conditions and privacy policies of which you should be aware and accept prior to accessing and using the relevant sites. If you use these links you are leaving the Site. We are fully registered under the Data Protection Act 1998 (the "Act") and to ensure we comply with the protection the Act affords to you we have set out how we intend to utilise the information provided by you when you use theoctonauts.com. If you wish to know more about your rights and/or the Act please visit the Information Commissioner's website at www.informationcommissioner.gov.uk.

You can access theoctonauts.com without registering any personal information. When you access theoctonauts.com, we may from time to time ask you to provide us with your name, email address and other personal information that will be needed to supply certain services to you. We may, with your consent, use your personal data for contacting you via the telephone or email for support, notification of new products or new versions, general correspondence regarding theoctonauts.com and correspondence which may relate to you. If you wish to withdraw your consent for us to contact you in this way please inform us by email at info@theoctonauts.com. In accordance with statutory obligations, we only collect personal information from you which is necessary for us to supply the services to you. You have the option at any time to request that we:

(a) remove details from our database;

(b) update the information we hold about you or your child;

(c) request a copy of the information that we hold subject to the payment of a requested fee; or

(d) stop receiving data.

5. Cookies

theoctonauts.com may use cookies to provide an enhanced experience for users of theoctonauts.com. A cookie is a text only string of information that a website transfers to the cookie folder of the browser of your computer's hard disk so that the website can remember who you are. You have the ability to accept or decline cookies by modifying the settings in your browser. However, you may not be able to use all of the interactive features of theoctonauts.com if cookies are disabled. To find out more about cookies and how to disable them, please visit www.allaboutcookies.org/cookies.

6. Disclaimer

This site is provided for your information and entertainment purposes only. It is provided to you for your own personal, non-commercial use and not for purposes of resale, distribution, public display or performance or any other uses by you in any form or manner whatsoever. theoctonauts.com, information, names, images, pictures, logos and icons regarding or relating to theoctonauts.com and/or Silvergate, (or to third party products and services) is provided "as is" and on an "as available" basis without any representation or any kind of warranty made (whether express or implied by law) to the extent permitted by law. Under no circumstances will Silvergate be liable for any of the following losses or damage (whether such losses were foreseen, foreseeable, known or otherwise):

(a) loss of damage;

(b) loss of revenue or anticipated profits;

(c) loss of business;

(d) loss of opportunity;

(e) loss of goodwill or injury to reputation;

(f) losses suffered by third parties; or

(g) any indirect, consequential, special or exemplary damages arising from the use of theoctonauts.com

regardless of the form of action.

Silvergate does not warrant that functions contained in theoctonauts.com content will be uninterrupted or error-free, that defects will be corrected or that theoctonauts.com or the server that makes it available are free of viruses, worms, Trojan horses or bugs. Nothing in these Terms shall exclude or limit Silvergate's liability for death or personal injury resulting from negligence; for fraudulent misrepresentation; or to the extent that liability cannot by law be excluded or limited.

7. User Obligations:

You agree to follow all applicable laws and regulations when using theoctonauts.com. You agree that you shall not:

(a) upload, post or transmit through or to theoctonauts.com any content that is unlawful abusive or threatening; might infringe the intellectual property rights, privacy rights or proprietary rights of others;

(b) upload, post or transmit through or to theoctonauts.com any viruses, worms, Trojan horses, worms and any other harmful components;

(c) disrupt or interfere with or attempt to gain unauthorised access to any area of theoctonauts.com, its computer systems or networks;

(d) provide false information about yourself to us, impersonate any other person or otherwise attempt to mislead others about your identity or origin of content;

(e) transmit junk mail, chain letters or other unsolicited bulk email or duplicative messages; or

(f) collect information about other visitors to theoctonauts.com without their consent or otherwise systematically extract data or data fields, including without limitation any financial data or email addresses

You agree to indemnify, defend and hold harmless Silvergate, Meomi Design Inc. and their parents, subsidiaries and affiliates, along with their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this agreement by you. Silvergate reserves the right to assume, at its sole expense, the exclusive defence and control of any matter subject to indemnification by you, in which event you will fully cooperate with Silvergate in asserting any available defences.

8. For Parents

theoctonauts.com has been developed to be a safe and fun place for your child to visit when they are online. As such Silvergate does not intend to collect any personal information of children below the age of 16 without parental consent. Silvergate seeks to control this process by requiring any details provided to require a parent's valid email address to confirm such consent. Silvergate only collects limited information regarding children below the age of 16 which is necessary for their use and enjoyment of theoctonauts.com. Should parents wish to access their children's personal information held by theoctonauts.com then they should contact Silvergate at info@theoctonauts.com Parents are encouraged to review their children's email and internet activities to ensure that theoctonauts.com is being used in accordance with these Terms.

9. Severance

If any of these Terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.

10. Laws

These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any dispute under these Terms shall be subject to the non-exclusive jurisdiction of the English Courts.

We recommend you print out a full copy of these terms and conditions for your own records. If you have any questions regarding these Terms or anything relating to theoctonauts.com then please contact Silvergate at octonautsinfo@silvergatemedia.com.