Welcome! This document outlines the Terms and Conditions of Use ("Terms") that apply to you depending on how you intend to use our application. Please read carefully to understand your rights and obligations.
Who are you?
Retail Customers: You are a "Retail Customer" if you purchase or download the application for personal use through an online store such as (but not limited to) the Meta Quest store, Steam store, Epic Games Store, Google Play Store, Apple App Store, etc.
Enterprise Customers: You are an "Enterprise Customer" if you purchase or download the application through the dedicated https://noun.town website for use within your organisation (including schools, institutions, and corporations).
Which Terms apply to you?
These Terms are divided into two sections:
Terms and Conditions of Use - Retail Customers: This section applies to you if you are a Retail Customer.
Terms and Conditions of Use - Enterprise Customers: This section applies to you if you are an Enterprise Customer.
Important Note: You are bound by one and only one set of Terms depending on your planned usage. Please ensure you read and agree to the relevant section before proceeding. Only those who accept the relevant Terms are authorised to use the application.
Terms and Conditions of Use - Retail Customers
This software license agreement (this “Agreement”) is a legal document between you (the “Licensee”) and Noun Town, a trading name of Ratcliffe & Ratcliffe Ltd a company registered in London, UK, with the registration number 12748439 (the “Licensor”). This document specifies your rights and obligations related to your use of the Licensor’s VR title Noun Town / Noun Town Language Learning / Noun Town: VR Language Learning (or the “Software”). By downloading or using the Software for any purpose, you agree to these terms and conditions. If you do not agree, you may not use the Software. Please do read through this agreement carefully. The Software is licensed, not sold, to you, and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this Agreement should not be construed as a sale of any rights in the Software. This Agreement may be updated from time to time and your continued use of the Software after a revised Agreement has been posted constitutes your acceptance of its terms.
The Software is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. The Licensor makes no warranty that the Software will operate under your specific conditions of use, nor can the Licensee be held accountable for any loss of data or damage incurred. Under no circumstances shall the Licensor or any of its employees be liable to the Licensee or any other party for damages of any kind. Use of the Software is solely the responsibility of the Licensee and the Licensor shall not be held accountable to any damage to person or property caused by such use.
You may not (1) use the Software for commercial or promotional purposes; (2) copy, reproduce, sell, rent, lease, license or distribute the Software; (3) Reverse engineer, modify, decompile or disassemble the Software.
This section is intended for streamers, journalists, podcasts, YouTubers and other public displays that does not charge the end consumer specifically for that entertainment, unless done so with prior explicit and written consent from Noun Town. One exception to this rule is where there is also an equivalent free alternative offered. One such case would be websites where viewers can choose to opt out of ads by paying a premium fee. Content from Noun Town may not be used in an offensive way, such as racist, sexist, homophobic, sexually explicit or hateful, or otherwise inappropriate or illegal material.
TLDR; Yes, you can make YouTube videos and streams with Noun Town, featuring all of its content, including music and voice over.
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.
This Agreement is entered into and governed by the laws of the United Kingdom. If you have any questions or an idea that would require explicit consent from Noun Town, please get in touch with us at contact at https://noun.town.
Terms and Conditions of Use - Enterprise Customers
This Agreement details the license Ratcliffe & Ratcliffe Ltd, trading as “Noun Town” (“we” or "us") grant Schools / Institutions / Corporations (“Enterprise”s) and their end users (to include pupils, students, teachers and/or parents, and other end users of the product (“User”s)) and governs their use of the Noun Town educational resource, including the paper-based resource, the https://noun.town website (“Site”) and Noun Town apps (“Apps”) (together all known as “Noun Town”). By subscribing (whether on a paid for, gifted and/or trial basis) to and/or using Noun Town, Users are agreeing to the terms that appear below.
1. GENERAL
1.1 Users' access to and use of Noun Town is conditional on their acceptance and compliance with the terms, conditions, notices and disclaimers contained within this Agreement, the Site and the Apps (General Conditions).
1.2 User's access to and use of Noun Town constitutes their agreement to be bound by the General Conditions. If you do not agree to any of the General Conditions, you must immediately cease using Noun Town.
1.3 We reserve the right to revise and update the General Conditions at any time effective on the date of posting to the Site the new and/or revised provisions.
1.4 All Users must agree to our Privacy Policy. Access to and use of Noun Town constitutes the User's agreement to be bound by the Privacy Policy and constitutes the User's consent to the collection, storage, use and dissemination of the User's personal information in accordance with the Privacy Policy.
1.5 All Enterprises must agree to comply with the terms and conditions contained in the Schedule to these General Conditions (Data Protection with Enterprises). Access to and use of our products and services, including Noun Town constitutes the Enterprise's (and their Users') agreement to be bound by the Schedule, and constitutes the Enterprise's consent to the processing and handling of their Users' personal data by us in accordance with the Schedule and our Privacy Policy.
1.6 We agree to comply with the terms and conditions contained in the Schedule to these General
Conditions (Data Protection with Enterprises).
2. SUBSCRIPTIONS
2.1 In order to access and use Noun Town, all Users must have a valid subscription or trial. All access and use of Noun Town is strictly limited to the User's subscription period (or where applicable, trial period). If a subscription period (or where applicable, trial period) expires and the User has not paid for a new subscription, the User's account will be immediately terminated.
2.2 When we have no ongoing legitimate business need to process Enterprise User’s personal information, or where you ask us to delete Enterprise Users’ information, we take reasonable steps to either delete or anonymise it. If this is not possible immediately (for example, because your personal information has been stored in backup archives), then we will securely store Enterprise Users’ personal information and isolate it from any further processing until deletion is possible, but will endeavor to do so as soon as reasonably practicable.
2.3 Subscriptions to Noun Town are for non-commercial use only. Subscriptions are not transferable.
2.4 Unless expressly agreed with us in advance, each Enterprise must have their own separate subscription to Noun Town, and subscriptions cannot be shared by multiple Enterprises, whether within the same ownership, academy trust or federation or otherwise. If an Enterprise is found to be sharing its subscription to Noun Town with any other Enterprise without our prior permission its account may be immediately terminated by us.
2.5 We reserve the right to temporarily suspend and/or cancel unpaid subscriptions.
2.6 Users of the Site and/or Apps are liable for their own internet usage and mobile device charges. It is the responsibility of Users to ensure their computers, mobile devices and internet access is sufficient to access Noun Town.
2.7 Any User found to be intentionally misusing the Site or Apps (e.g. hacking or sending fraudulent results) will have their subscriptions revoked without refund. Users are not to use rude or inappropriate words as part of their usernames.
2.8 Users must protect their usernames and passwords from unauthorised use.
2.9 We reserve the right to levy additional charges for access to resources beyond the scope of the initial subscription. In some cases, additional subscription charges may apply for premium additional content, bolt-ons, printed content (where applicable), mobile app access, as well as special educational events, or competitions. Discounts may be available to Users who also subscribe to other products operated by us, albeit these are offered entirely at our discretion. Please contact us at contact@noun.town for further details.
2.10 Subscriptions automatically renew unless canceled at least 24 hours prior to the renewal date.
3. CONSUMER DATA POLICY
3.1 Noun Town does not retain or store any credit card details. Payments are processed via Paddle (a payment processor and a Merchant of Record). The terms and conditions applicable to payment transactions conducted by Enterprises with Paddle can be found here.
3.2 Stringent physical and technological measures are taken to protect User's payment information.
3.3 Payments are processed by a third party supplier, Paddle (see Appendix B for details). Paddle provide merchant of record and payment processing services to Noun Town, and you may see Paddle as the recipient of payments made for subscriptions (before being remitted to Noun Town).
4. OWNERSHIP OF CONTENT
4.1 All materials including paper based resources, and all materials displayed on the Site and the Apps, including without limitation all information, text, materials, graphics, software, tools, results derived from the use of software and tools, advertisements, names, logos and trademarks on the paper based version, the Site and the Apps (Content) are protected by copyright, trade mark and other intellectual property laws unless otherwise indicated.
4.2 Copyright in the Site (including text, graphics, logos, icons, sounds recordings, computer code and software) and the Content is owned or licensed by Ratcliffe & Ratcliffe Ltd (UK Company Number 12748439). Except as expressly authorised by these General Conditions, or by legislation or statute, Users must not in any form or by any means:
4.2.1 adapt, copy, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Content; or
4.2.2 commercialise any information, products, or services obtained from any part of the Content.
4.3 Users must not modify, copy, reproduce, republish, frame, download onto a computer, upload to a third party, post, transmit, share or distribute this Content in any way except as expressly provided for in these General Conditions or with our express prior written consent.
4.4 Users must not use the Content for commercial purposes without first obtaining our prior written consent.
5. ACCESS TO AND USE OF NOUN TOWN
5.1 Enterprises may print any paper based versions of Noun Town for use by their staff and pupils only.
5.2 Enterprises may print, and save electronic copies of any worksheets, certificates, posters and other resources specifically available on the Site for Users, but only if they can keep all Content intact and in the same form as presented on the Site (including without limitation all copyright, trade mark and other proprietary notices and all advertisements).
5.3 Users must not access or use the Site or the Content in any manner or for any purpose which:
5.3.1 is illegal or prohibited by any laws that apply to the User;
5.3.2 violates our rights in any way;
5.3.3 is prohibited by the General Conditions.
5.4 Users must take their own precautions to ensure that the process, which they employ for accessing the Site and the Apps, does not expose them to the risk of viruses, malicious computer code, or other forms of interference, which may damage their own computer system or mobile device. We do not accept responsibility for any interference or damage to users' own computer systems, mobile devices or data, which arises in connection with their access and/or use of the Site and/or Apps.
6. DISCLAIMER AND LIMITATION OF LIABILITY
6.1 Although we have no reason to believe that any information contained within Noun Town, including our Site and/or Apps, is inaccurate, we do not warrant the accuracy, adequacy or completeness of the information, nor do we undertake to keep the Site or Apps updated.
6.2 We do not accept responsibility for loss suffered as a result of your reliance on the accuracy or currency of information contained in the Site or Apps. We and our directors, officers, agents, employees and contractors do not guarantee or warrant the Site and Apps will be uninterrupted, without delay, error-free, omission-free, or free of viruses. The Content is provided "as is" without warranties of any kind, express or implied, including as to accuracy, timeliness and completeness.
6.3 Neither we, nor our directors, officers, agents, employees or contractors will be liable for any loss or damage, howsoever arising (whether in negligence or otherwise) in connection with Users' use of, and/or access to, Noun Town, the Site, the Apps, the Content, or any omissions from the Content, save where legislation states otherwise.
7. INDEMNITY
7.1 All Users must indemnify us and our directors, officers, agents, employees and contractors and keep us and all of them indemnified against all losses, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from any breach by the User of the General Conditions.
8. TERMINATION
8.1 We may terminate access to the Site and Apps at any time without notice. These General Conditions will nevertheless survive any such termination.
9. ADVERTISING AND LINKS TO OTHER WEBSITES
9.1 The Site may contain links to third party sites (Linked Sites). Linked Sites are not under our control and we are not responsible for the content of any Linked Site. We provide these hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the Linked Site by us or our directors, officers, agents, employees and contractors. Users link to any Linked Sites entirely at their own risk.
9.2 Neither we nor our directors, officers, agents, employees or contractors give any representation or warranty as to the reliability, accuracy, or completeness of any Linked Sites, nor do we accept any responsibility arising in any way for any errors in, or omissions from, any Linked Sites.
10. GENERAL
10.1 This Agreement shall be governed by and construed in accordance with English law. The courts of England shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with these General Conditions.
10.2 If any of the General Conditions are held to be unenforceable, invalid or illegal for any reason, the remaining terms and conditions will nevertheless continue in full force.
11. REFUND POLICY
11.1 Enterprises are entitled to one 30 day free trial of Noun Town prior to subscribing the Enterprise to Noun Town for the first time. To request a free trial for your Enterprise, please go to https://noun.town.
11.2 Once a subscription is taken out by an Enterprise, no refunds will be offered except in the event the goods/services are faulty and cannot be repaired or replaced, or otherwise in accordance with applicable statutory consumer protection laws.
SCHEDULE TO GENERAL CONDITIONS
DATA PROTECTION WITH ENTERPRISES
When contracting with Enterprises, Enterprises are “controllers” of data and we are considered to be “processors” of that data. Whenever a controller uses a processor, standard contract terms need to be put in place to identify the responsibilities and liabilities of each party regarding the processing of data. For further details on data protection, please visit our Privacy Policy.
1. Definitions
1.1. In this Schedule, the following terms shall have the following meanings:
(a) "Controller", "Processor", "Data Subject", "Personal Data" and "Processing" (and "Process") shall have the meanings given in Applicable Data Protection Law as amended from time to time;
(b) "Applicable Data Protection Law" shall mean the United Kingdom General Data Protection Regulation and the EU GDPR Regulation 2016/679 of the European Parliament and of the Council and all other applicable UK data protection legislation;
(c) “Company” means Ratcliffe & Ratcliffe Ltd (UK Company number 12748439);
(d) “Enterprise” means the relevant school / institution / corporation using the Product;
(e) “Enterprise Data” means Personal Data relating to students, parents and guardians, and staff at the Enterprise, and other data regarding the Enterprise;
(f) “Product” means the Noun Town educational resource which consists of paper based resources, the https://noun.town website (the “Site”) and Noun Town apps (the “Apps”);
1.2. A reference to writing or written includes faxes, emails and writing in any electronic form.
2. General Provisions
2.1. By continuing to use the Product, and by providing the Company with the Enterprise Data, the Enterprise agrees to the terms of this Schedule.
2.2. The Enterprise and the Company acknowledge that, for the purposes of Applicable Data Protection Law, the Company is a Processor and the Enterprise is a Controller in respect of the Enterprise Data comprising Personal Data described in Annex A to this Schedule (the “Data”).
2.3. The Company and the Enterprise shall comply with all Applicable Data Protection Law in respect of the Processing of the Data.
2.4. The Company shall Process the Data as a Processor for the purposes described in Annex A to this Schedule and otherwise strictly in accordance with the instructions of the Enterprise (the "Permitted Purpose"), except where otherwise required by law applicable to the Company.
2.5. The Enterprise hereby instructs and authorises the Company to process the Data for the purposes described in Annex A to this Schedule, and as otherwise reasonably necessary to enable the Company to provide the Product to the Enterprise.
2.6. The Enterprise warrants and represents that it has a lawful basis (pursuant to Applicable Data Protection Law) for supplying all Data to the Company in connection with the Enterprise’s use of the Product and the lawful Processing of the Data by both the Enterprise and the Company for the purposes set out in this paragraph 2. The Enterprise shall indemnify the Company against all costs, claims, damages, expenses, losses and liabilities incurred by the Company arising out of or in connection with any failure (or alleged failure) by the Enterprise to have a lawful basis for Processing Data.
3. International transfers:
The Company shall not transfer the Data (nor permit the Data to be transferred) outside of the UK and the European Economic Area ("EEA") unless it first takes such measures as are necessary to ensure any such transfer is in compliance with Applicable Data Protection Law.
4. Confidentiality of processing:
4.1. The Company shall ensure that any person that it authorises to Process the Data (including the Company’s staff, agents and subcontractors) (an "Authorised Person") shall be subject to a strict duty of confidentiality (whether a contractual duty or a statutory duty or otherwise), and shall not permit any person to Process the Data who is not under such a duty of confidentiality.
4.2. The Company shall ensure that all Authorised Persons Process the Data only as necessary for the Permitted Purpose.
5. Security:
Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing to be carried out by the Company, as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, the Company shall implement appropriate technical and organisational measures to protect the Data from (i) accidental or unlawful destruction, (ii) accidental loss, alteration, unauthorised disclosure or access, and (iii) any other breach of security ((i), (ii) and (iii) together, a "Security Incident") in each case appropriate to that risk.
6. Subcontracting:
6.1. The Company may appoint sub-contractors to carry out any or all of its Processing activities in accordance with the terms of this paragraph 6.
6.2. The Enterprise hereby authorises the Company to appoint third parties to provide web and app development services to the Company in connection with the Product, and third parties to provide electronic data storage and transmission services to the Company in connection with the Product.
6.3. The Enterprise hereby authorises the Company to appoint the sub-contractors listed in Annex B to this Schedule to carry out Processing activities in connection with the Data. The Company shall use reasonable endeavours to promptly notify the Enterprise of any changes to the identity of such third parties from time-to-time.
6.4. Save as permitted by paragraphs 6.2 and 6.3, the Company shall not appoint any other sub-contractor in connection with the processing of the Data without the prior permission of the Enterprise.
6.5. Where the Company appoints a sub-contractor pursuant to this paragraph 6, it shall ensure that the Company imposes data protection terms on any sub-contractor it appoints that protect the Data to the same standard as those provided for in this schedule, and meet the requirements of Applicable Data Protection Law.
6.6. The Company acknowledges that it remains fully liable for the acts, errors or omissions of any of its sub-contractors in respect of the Processing of the Data.
7. Cooperation and Data Subjects' rights:
7.1. The Company shall provide all reasonable and timely assistance (including by appropriate technical and organisational measures) to the Enterprise (at the Enterprise’s expense) to enable the Enterprise to respond to:
7.1.1.any request from a Data Subject to exercise any of its rights under Applicable Data Protection Law (including its rights of access, correction, objection, erasure and data portability, as applicable); and
7.1.2.any other correspondence, enquiry or complaint received from a Data Subject, regulator or other third party in connection with the processing of the Data.
7.2. In the event that any such request, correspondence, enquiry or complaint is made directly to the Company, the Company shall promptly inform the Enterprise providing full details of the same and the Enterprise shall provide all reasonable and timely assistance to the Company to enable the Company to take appropriate action.
8. Data Protection Impact Assessment:
If the Company believes or becomes aware that its Processing of the Data is likely to result in a high risk to the data protection rights and freedoms of data subjects, it shall promptly inform the Enterprise and provide the Enterprise with all such reasonable and timely assistance as the Enterprise may require in order to conduct a data protection impact assessment and, if necessary, consult with its relevant data protection authority.
9. Security incidents:
9.1. Upon becoming aware of a Security Incident, the affected party shall inform the other party without undue delay and shall provide all such timely information and cooperation as the other party may reasonably require including in order for the affected party to fulfill its data breach reporting obligations under (and in accordance with the timescales required by) Applicable Data Protection Law.
9.2. The parties shall each further take all such measures and actions as are reasonably necessary to remedy or mitigate the effects of the Security Incident and shall keep the other party up-to-date about all developments in connection with the Security Incident.
10. Deletion or return of Data:
10.1. Upon written request by the Enterprise, the Company shall destroy all Data (including all copies of the Data) in its possession or control (including any Data subcontracted to a third party for processing).
10.2. This requirement shall not apply to the extent that the Company is required by any UK law to retain some or all of the Data, in which event the Company shall isolate and protect the Data from any further processing except to the extent required by such law.
11. Indemnity:
Each party (the "Indemnifying Party") shall indemnify the other (the "Indemnified Party") from and against all loss, cost, harm, expense (including reasonable legal fees), liabilities or damage ("Damage") suffered or incurred by the Indemnified Party as a result of the Indemnifying Party's breach of the provisions of this Schedule, and provided that: (i) the Indemnified Party gives the Indemnifying Party prompt notice of any circumstances of which it is aware that give rise to an indemnity claim under this Clause; and (ii) the Indemnified Party takes reasonable steps and actions to mitigate any ongoing Damage it may suffer as a consequence of the Indemnifying Party's breach.
12. Liability:
12.1. The Company shall have no liability to the Enterprise, whether arising in contract, tort (including negligence), breach of statutory duty or otherwise, for or in connection with:
12.1.1. loss, interception or corruption of any Data resulting from any negligence or default by any provider of telecommunications services to the Company or the Enterprise;
12.1.2. any loss arising from the default or negligence of any supplier to the Enterprise;
12.1.3. damage to reputation or goodwill; and/or
12.1.4. any indirect or consequential loss.
12.2. Nothing in this clause shall limit the liability of the Company for any death or personal injury caused by its negligence, fraud or fraudulent misrepresentation, or any other matter for which liability cannot be limited or excluded as a matter of law.
Annex A
Data Processing Description
This Annex A forms part of the General Conditions and describes the Processing that the Company will perform on behalf of the Enterprise.
Data subjects
The Enterprise Data to be processed concern the following categories of Data Subjects: Pupils; Parents and Guardians; Staff
Categories of data
the Enterprise Data to be Processed concern the following categories of data: Enterprise name and contact information (including Enterprise postal address, phone number and email address), teachers’ names and contact information (including phone numbers and email addresses), the username of Users
Users’ names, details of interactions that the Enterprise and its Data Subjects have with us regarding the Product, together with any other information that the Enterprise and its Data Subjects choose to provide us with, for example, through correspondence and interactions with our customer and technical support teams;
information collected automatically relating to the Product to include information like a user’s IP address, device type, unique device identification numbers and login information, browser-type and version, time zone setting, operating system and platform, broad geographic location (e.g. country or city-level location) and other technical information;
information collected automatically relating to the Product about how a user’s device has interacted with the Site, including the pages accessed and links clicked, download errors, length of visits to certain pages, page interaction information, and methods used to browse away from any page;
anonymised analytical data that shows user interactions for the purpose of improving the product (at no time is personally identifiable user data included in this analytical data)
Processing operations/Permitted Purpose
The Enterprise Data will be obtained, held and used by the Company to enable the Company to carry out its obligations arising from the terms and conditions entered into between the Enterprise and the Company regarding the use by the Enterprise and its users of the Product, including the Site and Apps.
Annex B
Approved Subcontractors
|
Name |
Processing |
Weblink |
|
Firebase |
Electronic data storage, cloud server and transmission service |
|
|
Freshdesk |
Third Party customer service platform |
|
|
Google Workspace |
Cloud Provider of productivity tools and storage |
|
|
Mixpanel |
Anonymised data analytics provider |
|
|
Paddle |
Third Party Payment Provider for Credit Card Transactions and Merchant of Record |
|
|
Web/App Developers |
Contracted developers who develop and enhance the Site and Apps |
N/A |
