Thank you in advance for your interest in Pora Ora. We want to make sure it is a fun and friendly place for everyone. In order to use Pora Ora you must accept the following terms and conditions and obey our Rules of Play. If you don't understand these terms, you should review them with your parents. Parents who permit their children to create an account will need to review and accept these terms and ensure that their children do as well.
Poraora.com, this web site, related Pora Ora merchandise and all associated activities (collectively, "poraora.com") is an online service operated by Caped Koala Studios Limited ("We" or "Caped Koala"). We are a Limited company, registered in England and Wales under company number 07539196 and have our registered office at 4 Manston Way, St. Albans, Hertfordshire, United Kingdom, AL4 0AG. Our main trading address is 4 Manston Way, St. Albans, Hertfordshire, United Kingdom, AL4 0AG.
These terms and conditions ("Terms") apply to all and any use of poraora.com including but not limited to all and any postings, emails and other communications made to it by users or using it or any services run by Caped Koala ("User Contributions"). Please read these terms of use carefully before you start to use the site. By using Pora Ora or allowing your children to use Pora Ora, you and your child agree to be bound by these Terms. If you do not accept these Terms, you should not use poraora.com, and should not make any User Contributions.
Rules of Play ("The Rules") are made available before you sign up to play Pora Ora. You should read and understand these Rules. They define our policy on acceptable use and behaviour for all our players. The Rules are part of these Terms. In addition to agreeing to these terms, you must also follow these Rules, including in your User Contributions, to help ensure a safe and positive experience for all on poraora.com.
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). Caped Koala does not promise that you will always be able to access your account or other information on the site. We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
When you create a Pora Ora Account, you understand and agree that the materials are created from content provided to you by Caped Koala, and that Caped Koala continues to own that material.
From time to time Caped Koala may ask or you may choose to submit personal information on poraora.com. We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
You are responsible for the security and proper use of all of your User IDs and passwords used in connection with the Service and you must take all necessary steps to ensure they are kept confidential, secure, used properly and not disclosed to unauthorised people. You are responsible for all activities that occur under your password, User Account and/or Subscription. You must inform us immediately if there is any reason to believe that your password has, or is likely to, become known to someone not authorised to use it or is being or is likely to be used in an unauthorised way.
If you forget or lose a password or your User ID you must contact us and satisfy such security checks as we may operate. We reserve the right to suspend your User ID and password access to the Service if at any time we consider that there is, or is likely to be, a breach of security. We reserve the right, at our discretion, to require you to change any or all of the passwords used by you in connection with the Service. You agree not to use another authorised visitor's User ID and password to access the Service, either with or without their permission. We have the sole right to approve and reject any User ID or password that you may choose. We retain all right, title and interest in and to your User ID and password.
We may invite you to participate in blogs, message boards, online forums and other functionality through which you will be able to communicate with other users of the Service ("Communication Services") by submitting various material for public display, in particular (without limitation) comments and messages ("User Contributions"). The Communication Services will include, but are not limited to:
We reserve the right to review and keep a record of all User Contributions. We are not under any obligation to display User Contributions. As a condition of your use of any Communication Services, you agree to adhere to the following rules:
We reserve the right to monitor or moderate User Contributions to check whether it complies with these Terms. You may report another user's behaviour using the reporting function provided as part of the Service. However, we are under no obligation to oversee, monitor or moderate User Contributions or any Communication Service we provide.
We may remove or refuse to display your User Contributions if it causes you to breach these Terms including any of your promises as set out above or for any other reason in our reasonable discretion.
Subject to the provisions of the "Our Liability" clause, we expressly exclude our liability for any loss or damage arising from the publication of any User Contributions or the use of any Communication Service by you in contravention of these Terms, whether the Service is moderated or not.
You grant us a non-exclusive, worldwide, royalty-free, perpetual licence (with rights to sub-license on identical terms and in multiple tiers) to use, exploit, adapt, perform, display, reproduce, communicate to the public and distribute the User Contributions through any media now or in future known. You waive in perpetuity in respect of the User Contributions the benefits of any provision of law known as moral rights or any similar law in any country.
You promise to us that you own the User Contribution and have the right to grant the licence set out above and that the User Contribution does not infringe the rights of any third party. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
You promise that any User Contributions submitted by you does not cause you to breach any of these Terms set out above in this "User Contributions" clause.
Roobles, together with any other points, prizes, awards and achievements (together referred to as "Roobles") made available in using the Service are notional credits and, except to the extent that they are purchased from us, have no monetary value.
Roobles cannot be redeemed or exchanged for cash, property or other items. Roobles may only be redeemed for Service content or services provided by us. You are not entitled to a refund for any unused Roobles, including in the event of closed and cancelled accounts. To the extent that Roobles can be exchanged between players within the Service, we are not responsible for and accept no liability for any losses that may result from such a transfer. Except as set out in this section, Roobles cannot be withdrawn, sold or transferred.
We are the owner or the licencee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Pora Ora is a trademark registered in the UK, Europe and US.
Nothing in these Terms shall exclude or limit our liability for (i) fraud or fraudulent misrepresentation; (ii) death or personal injury resulting from our negligence or the negligence of our employees, agents or sub-contractors; or (iii) any other liability to the extent that the same may not be excluded or limited as a matter of law.
Except as otherwise provided in this Agreement, we make no representations or warranties, and hereby exclude all conditions, terms, representations and warranties, express or implied, regarding any matter, including fitness for a particular purpose, satisfactory quality or interference with enjoyment.
Subject to the above and to the extent permitted by applicable law, we, other members of our Group and third parties connected to us shall not be liable to you under or in connection with this Agreement for:
Subject to the above, in relation to your other direct losses, our total liability to you together with all the Users using any Membership allowance purchased by you, whether in contract, tort (including negligence), breach of statutory duty or otherwise shall be limited in aggregate to an amount equal to the standard purchase price for 12 months' Membership allowance for one User Account as at the time that you first register your first User Account.
We cannot guarantee that any files that you download are free from viruses, contamination or destructive features. Except as expressly stated in our privacy policy, we do not make any representations, warranties or conditions of any kind, express or implied, as to the security of any information you may provide or activities you engage in during the course of your use of the Service. Whilst we use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to our attention, we do not promise that any information provided as part of the Service itself will be free from errors or omissions.
While every effort is made to reliably provide the Service, outages and unexpected downtime may occur from time to time, which may result in loss of Roobles. Access to the Service or parts of it may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control.
You are responsible for ensuring that you have adequate access to the internet in order to use the Service, and we are not in any way responsible for interruptions in the Service to you that occur as a result of your having a poor connection or no connection to the internet, or delays or damage resulting from transferring data over communications networks including the internet. You are responsible for ensuring that you have adequate anti-virus protection on any computer that you use to access the Service.
You agree to indemnify and hold harmless Caped Koala against all liability it may have in respect of and arising out of your use of Caped Koala Services and your User Contributions.
Commentary and other materials posted as part of the Service are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any user of the Service, or by anyone who may be informed of any of its contents.
The views expressed in any User Contribution are the views of the individual contributors and not those of Caped Koala unless specified otherwise by Caped Koala. In particular but without limitation to the above Caped Koala are not responsible for and disclaims all liability in respect of any comments, views or remarks expressed in User Contributions. Caped Koala give no warranty and make no representation as to the accuracy, currency or validity of the information and material contained within the User Contributions or poraora.com and shall not be responsible for any loss or damage caused as a result of any use of such material.
We reserve the right to discontinue, withdraw, terminate or modify the Service or any part of the Service at any time with or without notice or further liability to you.
You may terminate your access to the Premium Service or the Service as a whole at any time for any reason (including where we breach these Terms) without penalty by emailing us. Having sent us such an email, you will continue to have access to the Premium Service until such time as any remaining membership allowance you have already purchased have been used up, but we will not refund any purchased allowance or Roobles.
We may terminate these Terms or suspend your account at any time without liability and with or without notice to you if: (a) you breach these Terms (b) you have not used the Service for 2 years; or (c) if the Service is going to be shut down or merged with other services.
If you or we terminate these Terms under the provisions outlined in the "Our Liability" clause, we may delete your Subscription and any related User Account(s) (including your registration information, profile details and any remaining Roobles that you may have) and your User Contributions. For that reason, we recommend that you keep a copy of your User Contributions.
You agree that we may transfer, sub-contract or delegate any or all of our obligations under these Terms to any third party. These Terms are personal to you and you agree that, subject to the right of a parent to allocate Credits to a child, they are for your own benefit and not for the benefit of any third party.
Contracts for the supply of services formed through our site or as a result of visits made by you are governed by our Terms and Conditions of Membership.
Please do not send any unsolicited ideas or suggestions relating to products, services, marketing plans, ideas for toys, games or other products, or any other suggestions, notes, ideas, inventions, drawings, designs, models, concepts, techniques or similar material and information. If we want something from you, we'll ask for it.
Any such confidential or proprietary submissions that we did not specifically request will be destroyed. Any non-confidential and non-proprietary information which you may send to us will be considered as owned by Caped Koala.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
You may link to poraora.com, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but 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.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Rules of Play.
If you wish to make any use of material on our site other than that set out above, please address your request to help@poraora.com.
Where our site contains links to other sites and resources provided by third parties, these links are provided as a service to our users. We do not sponsor or endorse those third parties. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. You should review any website terms and conditions, privacy policies and other disclosures that those sites provide before interacting with those third parties, or providing them with information about yourself.
No representation or warranty is made as to whether poraora.com complies with the regulatory regime and local laws of any other countries apart from the UK. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and both parties irrevocably submit to the non-exclusive jurisdiction of the English courts in respect of any such dispute or claim.
However, we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected.
If any invalid, unenforceable or illegal provision of these Terms would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
We may modify, suspend or discontinue the Service or these Terms (or any part thereof, including changes to what is included in the Premium Service and the Basic Service) at any time for any reason in our sole discretion. Your use of the Service following such change will constitute your acceptance of such change.
You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
If we reasonably think that a change to the Service or these Terms will benefit you or have neutral impact on you, we may make the change without telling you.
If we reasonably think that a change to the Service or these Terms will have a material detrimental impact on you, we will give you adequate notice by email and you may exercise your right to terminate these Terms. An example of a change to the Service that may have a material detrimental impact on you would be if we withdrew a key advertised feature of the Service without offering a reasonably comparable alternative feature.
If you have questions or suggestions, please contact us by:
Please be assured that any personal information you provide in communications to the above e-mail and postal mail addresses will not be used to send you promotional materials, unless you so request.
This policy was last updated on: 1st September 2012
