Terms & Conditions

Websites and Applications Terms and Conditions

1. About Us

1.1 Thank you for your interest in our website and applications. These terms and conditions (let’s call them “T&Cs” for short), together with our Privacy Policy, set out the rules that apply to you and your use of the following websites and applications and any services offered through them: popfun.co.uk, tinypop.com and popmax.co.uk (each individually a “Site” and together the “Sites”); and the POP ArtPad App, Tiny Pop App, the Pop mobile app and the Pop Player TV App (each individually an “App” and together the “Apps”).

1.2 These T&Cs will apply to your use of the Sites and Apps. Please make sure that your parents or legal guardians (“Your Adult”) reads these T&Cs and get them to explain any bits that you don’t understand. You must have Your Adult’s permission to use the Sites and Apps. By using the Sites or Apps, you confirm that you accept these T&Cs and that you agree to comply with them. If there is anything in these T&Cs that you or your parents do not agree to then you should not use our Sites or Apps or any services made available through them.

1.3 The Sites and Apps are owned and operated by Narrative Entertainment UK Limited, a company with registered number 12769816 and registered address at 87-91 Newman Street, London W1T 3EY (“we”, “us” or “our”).

1.4 If you would like to contact us for any reason please do so using the following details:

Address: 35 Inverness Street, London NW1 7HB

Email: info@popfun.co.uk

1.5 Our on-demand programme services fall under the jurisdiction of the United Kingdom, as our head office and editorial decisions are undertaken in the United Kingdom.

1.6 Any complaints or queries relating to matters such as technical issues should be made directly to us at info@popfun.co.uk.

1.7 Ofcom regulates the editorial content of on-demand programme services. If you have complained to us and you are dissatisfied with our response, you can submit a complaint about any of these aspects of our on-demand service to Ofcom using the online complaint form at http://stakeholders.ofcom.org.uk/broadcasting/on-demand/complain

1.8 Please note Ofcom is the regulator for editorial content on ODPS. Advertising within our services is regulated by the Advertising Standards Authority. You can access the ASA complaints procedures online at http://www.asa.org.uk/Complaints or by telephoning 020 7492 2222.

2. Using the Sites and Apps

2.1 There is currently no charge for your use of the Sites or to download or use the Apps or any services offered through the Sites and Apps. You agree that we can change this at a later date as long as we let you know in plenty of time before we start charging for anything on the Sites or Apps.

2.2 As part of these T&Cs, we are granting to you a non-exclusive, non-transferable, non-sublicensable, revocable, limited licence to access and use the Apps on your device for your own personal, non-commercial entertainment. If you breach any part of these T&Cs, this licence and your authorisation to use the Apps will automatically and immediately terminate and you must immediately stop using the Apps.

2.3 You agree that we can make any changes to the Sites and Apps that we want to and that we can stop making the Sites and Apps available or limit access to them at any time. We do not have to tell you before we do this.

2.4 Anything that you may need to be able to access the Sites or Apps, such as computers, mobile devices or internet access, is your responsibility and we don’t have to provide any of this equipment for you. You are also responsible for ensuring that no person uses your equipment to access the Sites and Apps without Your Adult’s permission. We will be entitled to assume that anyone who accesses the Sites or Apps using your equipment has Your Adult’s permission to do so and you will be responsible for any charges, costs or liabilities that may be incurred by any such persons while using your equipment.

2.5 You must not attack the Sites or Apps with any nasty viruses or other things that might be harmful to the Sites, Apps or any of our users. You must also not reverse engineer, decompile, disassemble or otherwise attempt to obtain the Apps’ source codes. Any hackers or other trouble makers may be reported to law enforcement authorities.

3. Competitions and games

3.1 We may run competitions on our Sites and Apps from time to time. All competitions that we run on our Sites and Apps will be subject to some specific additional rules that will be made available on the Sites and Apps with the competitions (“Competition Rules”). The Competition Rules will automatically become a part of these T&Cs.

3.2 Unless the Competition Rules say otherwise the following rules will also apply to all competitions:

(a) all competitions are free to enter although your mobile or telephone service provider may charge you for any entries you make by phone or by text;

(b) multiple entries will be permitted unless the Competition Rules say otherwise but you must not use any computer software to submit multiple entries or enter an unreasonable amount of entries;

(d) you agree that we can use anything you send to us as part of a competition in order to administer the competition including making copies of your entry (including any photos or videos) or editing it as we think may be necessary, publishing it or otherwise making it available on our Sites, Apps or in other media including on our TV channels or in any advertising or marketing material and that this right lasts forever and applies anywhere in the world;

(e) you agree that you won’t send us anything as part of a competition that you don’t own, or that you don’t have the right to send to us, or that may be unlawful, or that anyone might find offensive;

(f) if the competition has any specific eligibility requirements, e.g. UK residents only, we may ask you to provide proof that you meet the eligibility requirements;

(g) all prizes are subject to availability and we may replace any prize with another product of similar or equivalent value;

(h) we will not be responsible for any prizes provided by third parties which are defective in any way;

(i) if we can’t contact the winner, or the winner isn’t available for some other reason to receive the prize within a reasonable time, or if the winner does not meet any eligibility requirements or cannot provide adequate proof that they do, then we can give the prize to someone else;

(j) Delivery of prizes may be delayed due to the COVID-19 pandemic causing disruption to supply and delivery chains. We cannot guarantee timescales for delivery; and(k) Some competitions ask for User Generated Content (such as a photograph but see the definition below) to be submitted as part of the competition entry, in which case the submission will be subject to additional terms and rules. Please see clause 4 below for the additional terms and rules when submitting User Generated Content.

3.3 We also have a variety of games for you to play on our Sites and Apps and sometimes these games will also be subject to additional terms and rules. You will be asked to accept these before you can play those games and they will become a part of these T&Cs.

4. Uploading content to the Sites and Apps

4.1 The Sites and Apps may allow users to upload stuff including pictures, videos, artwork and messages (we call this “User Generated Content”).

4.2 Before you can upload User Generated Content to any Sites or Apps you are required to get Your Adult’s permission. For some User Generated Content, e.g. photos, this will mean complying with the Photo Rules and may involve us emailing Your Adults to verify that they are happy for that content to be added to the Site or App and you agree that we may do this. Other User Generated Content will also be subject to additional terms and rules. You will be asked to accept these before you can upload User Generated Content.

4.3 You must not submit or upload any content to the Sites or Apps:

(a) that is confidential, untrue and hurtful, infringing, obscene, offensive, racist, indecent, threatening or is otherwise unlawful or objectionable;

(b) that you do not own or do not have the permission of the owner or any other relevant person who may have rights in or connected to the content you are uploading;

(d) if uploading it to the Site or App would infringe the intellectual property rights or any other rights of another person.

4.4 As between you and us you will own any content or material you upload to the Sites or Apps or request to be uploaded (“Your Content”). You agree that we have the right to copy, distribute, adapt and use Your Content for any purpose or otherwise make it available to the public and that these rights will last forever and apply anywhere in the world. You also agree that we have the right to delete Your Content from the Sites and Apps and that we are unable to send out or return any copies of Your Content to you.

4.5 The views expressed by other users on the Sites or Apps do not represent our views or values. You acknowledge that you are responsible for Your Content so please be sensible about what you post because if you breach any of these T&Cs you may be liable to any third party that suffers harm as a result. We cannot guarantee that we will use Your Content in any of the Sites or Apps. Publication of Your Content shall be at our sole discretion.

4.6 You also agree that we can disclose your identity to any third party who is claiming that any content posted or uploaded by you to any Site or App violates their intellectual property rights, their right to privacy, or any other legal rights.

5. Moderation, notice and takedown procedures

5.1 We may moderate all User Generated Content on the Sites and Apps before it is posted although we do not have to do this and you are still responsible for ensuring you do not post any unsuitable content to any of the Sites or Apps.

5.2 If you become aware that other users of the Sites or Apps have posted content which is inaccurate, inappropriate, offensive or does not comply with any of the provisions of the T&Cs please notify us by contacting us at info@popfun.co.uk

5.3 We may remove Your Content from any Site or App or refuse to post or upload Your Content from any Site or App at any time, for any reason and without telling you beforehand in our sole discretion.

5.4 For the avoidance of doubt any decision we make in connection with the removal of any content from any Site or App is final and we do not owe you any obligations in relation to our decisions about removing content.

5.5 If you want to have Your Content removed from any Site or App at any time, please contact us by email at info@narrative.com.

6. Intellectual property rights

6.1 We are the owner or the licensee of all intellectual property rights in the Sites and Apps and in any content, material, products or services available on them. Your sole right to use the intellectual property inherent in the Sites and Apps is, further to clause 2.2 above, a non-exclusive, non-transferable, non-sublicensable, revocable, limited licence to access and use the Apps on your device for your own personal, non-commercial entertainment.6.2 You must not use any content from the Sites or Apps for commercial purposes without our permission.

6.3 If you copy or use any part of the Sites or Apps or the content, products or services made available through it in breach of the T&Cs, you will no longer have permission to use the Sites and Apps and, in addition to any other rights we may have, we can require you to return or destroy any copies of the materials you have made.

7. Data protection and privacy

7.1 Any personal information that we collect from you as you browse and use the Sites and Apps, including as a result of any competitions that you enter on the Sites and Apps, will be used in accordance with our privacy policy and our cookie policy. To find out more about the data we collect from you and how we use it please read our privacy and cookies policy available here https://www.popfun.co.uk/privacy-policy (“Privacy and Cookies Policy”) .

7.2 You should also get Your Adults to read our Privacy and Cookies Policy and explain anything to you that you do not understand. By accepting these T&Cs you are also consenting to our use of your personal data in accordance with our Privacy and Cookies Policy.

8. Links to and from the Sites and Apps

8.1 You may link to any page of the Sites and Apps, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists, nor establish a link to the Sites or Apps in any website or application that is not owned by you.

8.2 You agree that we can withdraw linking permission to any of our Sites and Apps at any time and we do not have to tell you about this before we do so.

8.3 Our Sites and Apps may also contain links to other websites and resources provided by third parties. This may include some of the games or video content available on our Sites and Apps. We have no control over the content of those websites or resources and we are not responsible or liable for them in anyway. In addition, use of any third party websites and resources may be subject to you accepting additional terms and conditions, which we suggest you read carefully before proceeding.

9. Disclaimers

9.1 We will try to use reasonable care and skill in making the Sites and Apps available to you.

9.2 Except as expressly provided in these T&Cs, the Sites and Apps and any products or services provided through them are provided on an “as is” basis. This means we are not responsible for any faults or problems with the Sites or Apps. We do not make any representation or warranty of any kind, either express or implied (whether by common law, custom, statute or otherwise) in relation to the Sites or Apps or any content, products or services provided through them including without limitation any warranties in relation to fitness for a particular purpose or in relation to quality, completeness, accuracy, reliability or non-infringement.

9.3 The content on the Sites and Apps is provided for general information only. It is not intended to amount to advice on which you should rely. You are advised to obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Sites or Apps. Although we make reasonable efforts to update the information on the Sites and Apps, we make no representations, warranties or guarantees, whether express or implied, that the content on the Sites and Apps is accurate, complete or up-to-date.

9.4 We do not guarantee that the Sites and Apps will always be available, be uninterrupted, secure or free from bugs or viruses, or that the Sites and Apps or any products, services or content provided through them will be free from errors or omissions. We may suspend or withdraw or restrict the availability of all or any part of the Sites and Apps for business and operational reasons.

9.5 Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Please check your local laws for any restrictions of limitations regarding the exclusion of implied warranties.

9.6 Nothing in these T&Cs is intended to disclaim or exclude any warranty or liability that cannot be disclaimed or excluded by operation of applicable law.

10. Limitation of our liability

10.1 Nothing in the T&Cs excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.

10.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms that may apply to the Sites or Apps or any content on them, or services provided through them, whether express or implied.

10.3 We will not be liable to you or any other user of the Sites or Apps for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, the Sites or Apps or any products or services provided through them including without limitation any direct loss of profit, loss or damage to data, loss of reputation or goodwill, loss of opportunity or anticipated savings or any indirect, special, consequential or punitive losses of any kind.

11. Termination and Changes to the T&Cs

11.1 We may change the T&Cs that apply to the Sites and Apps at any time. If we do this we will update the page where these T&Cs are available and your continued use of the relevant Site(s) and App(s) will be subject to the new T&Cs. We will tell you beforehand if we make any changes that are significantly worse for you.

11.2 We recommend that you read through the T&Cs available on the Sites and Apps regularly so that you can be sure that you are aware of any changes that may apply to you and what the latest rules are.

11.3 We may terminate these T&Cs at any time without any liability to you provided we tell you that we are doing so. We may also remove the Apps or stop providing any of the features, games or services provided on the Sites and Apps at any time for any reason.

11.4 You may stop using the Sites or uninstall the Apps from your device at any time.

12. General

12.1 No third parties may enforce any rights under these T&Cs against either us or you. The Contracts (Rights of Third Parties) Act 1999 does not apply to these T&Cs.

12.2 You can’t transfer your agreement with us to anyone else without our permission.

12.3 If we decide not to exercise or enforce any right that we have against you at a particular time, then this does not prevent us from later deciding to exercise or enforce that right.

12.4 If any part of the T&Cs is found to be illegal, invalid or otherwise unenforceable by a court or regulator, then, where required, that part shall be deleted from the T&Cs and the remaining parts of the T&Cs will continue to be enforceable.

12.5 These T&Cs and our Privacy and Cookies Policy set out the full extent of our obligations and liabilities concerning the Sites and Apps and any products or services provided through them and replace any previous agreements and understandings between us and you.

12.6 You agree that you will not have any remedy in respect of any untrue statement (whether made innocently or negligently) made to you upon which you relied in agreeing to these T&Cs other than any remedy you may have for breach of the express terms of these T&Cs.

12.7 These T&Cs and any non-contractual obligations arising out of them shall be governed by and construed in accordance with English law. To the extent that the law in which you are resident permits you agree to submit to the non-exclusive jurisdiction of the English courts.

Effective Date: These T&Cs were updated 11 June 2021 and are effective as of that date.