The term "User" refers to you as a "Visitor" to this Site.
The Site operates an interactive paper based subscription service (1) users obtain a subscription to gain access to the platform. (2) The platform allows users to peruse through and read children’s fiction, non-fiction book content, as well as print interactive games and scannable worksheets. Users identify, listen to and/or read content.
In providing the services, “Hyveminds Pty Ltd” and “SmartyFox.com” enables publishers and content users to upload and read content via the platform.
COPYRIGHT/ RESTRICTIONS ON USE OF MATERIAL:
All items on this Site are copyrighted by Hyveminds Pty Ltd and/or partners its agents, employees, officers, subsidiaries, members or affiliates. This copyright extends to text and graphics, the selection, arrangement and presentation of all materials, and the overall design of the site. You are prohibited from reproduction or republication of the Site content without prior written permission. This Site may also contain valuable trademarks, service marks, names, titles, logos, images, designs, copyrights and other proprietary materials owned, registered and used by other companies who have authorized their use on this site only. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or any other proprietary right of Hyveminds the Site, affiliate or any third party.
We have authorized you to view and print the materials at this Site only for your personal use, as well as share the printed interactive worksheets with your students/children for non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You are prohibited from modifying the materials at this Site in any way or reproducing or publicly displaying, or distributing or otherwise using them for any public or commercial purpose.
TRADEMARKS, SERVICE MARKS, LOGOS, CORPORATE IDENTIFICATIONS PROTECTED:
All trademarks, service marks, logos, or other corporate identifications such as the “the orange fox emblem’’ referred to as the SmartyFox logo (collectively, "Marks") on this Site are trademarks or service marks of Hyveminds. You warrant not to use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Marks in any way without our prior approval
ELIGIBILITY AND AUTHORIZATION:
To be eligible for our Services, you must be at least 18 years old or have the authorisation or consent of a parent or guardian. When signing up for our Services, you authorise Hyveminds, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments, and verifying your information against third party databases or through other sources.
USER NAME, ACCOUNT AND PASSWORD:
When you sign up for Services from Hyveminds, you will be given a Username and also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password.
You will not disclose your password to any third party. You agree to notify us immediately if you know of or suspect any unauthorized use of your membership or access to your password. You agree not to use the account, username, or password of another User.
CLOSING YOUR ACCOUNT:
You may terminate your membership with us at any time by cancelling following the instructions in the ‘account setting’ section of your profile/account. In the event of termination of your service agreement, sections: Exclusion of Warranty, Limitation of Liability, Indemnification, Prohibited Content and/or Activity, Links To/From Third Party Sites, Copyright/ Restrictions on use of Material. Trademarks, Service Marks, Logos, and Corporate Identifications Protected, would still survive.
Descriptions of, or references to, products, services or publications in the Site does not imply endorsement of that product, service or publication. Hyveminds makes no warranty of any kind with respect to the subject matter included herein, the products listed herein, or the completeness or accuracy of the information.
Hyveminds makes no guarantee or warranty that the product reviews on the Site are accurate. All content and ratings are provided on a strictly as is basis and users must use their own judgment when deciding which products to access.
In the event that a product or service is mistakenly listed at an incorrect price, Hyveminds reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Hyveminds is not responsible for typographical or photographical errors. Product descriptions are provided by the product publisher therefore any inaccuracy in product descriptions should be addressed with the publisher. Hyveminds reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Hyveminds shall issue a credit to your credit card account in the amount of the incorrect price.
Your profile includes information such as, but not limited to, transaction history information, comments from other users and reading history information. Any action designed to undermine the system and to alter your profile or the profiles of others is strictly prohibited. Your profile information is intended solely to facilitate communication and platform usage on Hyveminds and you agree not to export or market your profile information or the profile information of other users in any other venue.
EXCLUSION OF WARRANTY:
HYVEMINDS AND ANY THIRD PARTY PROVIDERS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN 'AS IS' BASIS. HYVEMINDS AND ANY THIRD PARTY PROVIDERS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. HYVEMINDS WILL NOT BE HELD LIABLE FOR THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE CONTENT OR DATA PROVIDED TO ANY INDIVIDUAL OR FOR ANY BUSINESS, INVESTMENT, COST, OR LOSS ASSOCIATED WITH THE INFORMATION WE PROVIDED. NEITHER HYVEMINDS NOR ANY THIRD PARTY PROVIDERS WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM HYVEMINDS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY:
Hyveminds assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this Site or your downloading/usage of any materials, data, text, images, video or audio from the site. We are also not responsible for any loss attributed to our failure to provide timely reminders to our users. In no event shall Hyveminds or any third party providers or distributors be liable for any injury, loss, claim, damage, or damages, including, but not limited to, any special, exemplary, punitive, indirect, incidental or consequential damages of any kind, whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with
User agrees to indemnify and hold harmless Hyveminds, at User's sole expense, against any claim, action, legal proceeding, damages, liability, settlements, expenses (including attorneys' fees) and other costs relating to (i) breach of any of these terms by any party; (ii) User's negligence or misconduct, or (iii) claims that User has infringed the copyright, trademark, trade secret, patent, or other proprietary right of a third party.
PROHIBITED CONTENT AND/OR ACTIVITY:
You must use the Site in a manner consistent with any and all applicable laws and regulations. You agree that you shall not use Hyveminds’s services to upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; on this matter, please refer to Hyveminds’s DMCA Policy, which is herein incorporated by reference.
We reserve the right to take legal action in our sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Site and terminating the membership of such violators.
In addition you agree not to:
Hyveminds and its affiliates do not claim ownership of the materials you provide to Hyveminds (including feedback and suggestions) or post, upload, input or submit to any Hyveminds or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Hyveminds, its affiliated companies and necessary sublicenses a non-exclusive, worldwide, perpetual, irrevocable, royalty-free sublicense-able (through multiple tiers) right to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Hyveminds is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at Hyveminds’ sole discretion. By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. Hyveminds does not and cannot review all communications and materials posted to or created by users accessing the Site, and thereby is not in any manner responsible for the Content of these communications and materials.
However, Hyveminds reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Hyveminds in its sole discretion.
FEES AND SERVICES:
The Fees Schedule is outlined on the Payment Terms page and is incorporated herein.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all charges applicable to your Service. In addition, you are responsible for paying any taxes, surcharges, fees, and assessments imposed by Hyveminds or a governmental authority from time to time in connection with the Services.
EMAIL NEWSLETTER & SURVEYS:
This Site may contain online contests and surveys. Contests are solely to generate user interest. The surveys are for informational purposes and primarily contain sets of ‘multiple choice’ questions. Participation in such contest and surveys is voluntary
All software tools such as (“Software”) etc, are proprietary tools of Hyveminds and you have been granted the license to use them to facilitate your transaction. These tools are covered by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
VIOLATION OF TERMS AND LIQUIDATED DAMAGES:
Please report any violations of the TOU, by flagging the posting(s) for review, or by emailing to: hello@SmartyFox.com. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Hyveminds to pursue legal action to enforce these Terms, you will be liable to pay Hyveminds the following amounts as liquidated damages, which you accept as reasonable estimates of Hyveminds damages for the specified breaches of these Terms. Otherwise, you agree to pay Hyveminds actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, Hyveminds retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.
LINKS TO/FROM THIRD PARTY SITES:
This Site contains links to third party sites. User accesses these sites at User's own risk; the Site is not responsible for the Content, changes, updates, or other links contained in a linked site. Hyveminds provides these links merely as a convenience, and the inclusion of such links does not imply an endorsement by Hyveminds of the websites.
Any third party desiring to link to the Site must link to the Site’s homepage located at www.SmartyFox.com (or .org, .info, .biz). No one may link to any other page of this Site without the prior written consent of the Site.
Hyveminds is only an online marketplace. We do not represent any user or involve in any transaction and we do not arbitrate disputes. It is prudent that buyers and sellers perform their own due diligence before conducting a transaction.
NO PARTNERSHIP OR AGENCY:
User understands and acknowledges that no joint venture, partnership, employment, or agency relationship exists or is created between User and Hyveminds as a result of use of the Site.
COMPLIANCE WITH STATE AND FEDERAL LAWS:
Use of this Site is governed by all applicable federal, state, and local laws. All information available on this Site is subject to Australian export control laws and may also be subject to the laws of the country where you reside. Hyveminds makes no representation that the Content on this Site is appropriate or available for use in other locations, and access to it from territories where the Content is illegal and prohibited.
Hyveminds may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Site or delivering them to you through e-mail. You may update your e-mail address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, Hyveminds cannot be held liable if we fail to notify you.
These Terms shall be construed in accordance with the laws of the State of, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in VIC, Australia if seeking interim or preliminary relief or enforcement of an arbitration award.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.
By your use of this Site, you agree that: