General Subscription Conditions
Updated and Effective as of:
Sep 11, 2019
Article 1. Preamble
These General Subscription Conditions govern the relations between the company KIDJO Inc., an American company located at c/o Exco Us Atrium, 5670 Wilshire Blvd – Suite 1802 Los Angeles, CA 90036 (hereinafter referred to as “KIDJO Inc.”) and the consumers (hereafter referred to as the “Customer”) wishing to subscribe to the Content and Services accessible via the Application.
The Customer is required to read these General Subscription Conditions (hereinafter referred to as the GSC) carefully before subscribing to the Content and Services proposed by KIDJO Inc. either via the Website or via the Stores.
In this regard, it is stated that the GSC apply to all Customers subscribing via the Website. For Customers subscribing via Stores, they should, in relation to the method of Subscribing or Unsubscribing, refer to the relevant Store terms and conditions, which they will find in the FAQ links on the Kidjo.tv website.
The confirmation of the order by the Customer at the end of the order process implies adhesion to and full unreserved acceptance of these GSC. This is expressly recognized by the Customer when they tick the “I have read and accepted the GSC” box provided.
The GSC are available on the Website at any time. The applicable GSC are those in force on the Website on the date of taking out a Subscription.
Article 2. Purpose
The purpose of the GSC is to define the terms under which KIDJO Inc. provides access to the Content and Services for the Customer and the conditions for Subscribing to Services set out below.
Article 3. Definitions
The terms below used in the GSC have the following meanings:
- “Subscription”: package providing access to the Content and Services offered by KIDJO Inc. as described in Article 4;
- “Application”: application named “Kidjo” providing access to Services and Content;
- “Customer”: refers to any physical adult person with a bank account who has taken out a Subscription to the Services and Content;
- “Content”: refers to over 1,500 videos (games, cartoons, etc.) offered by KIDJO Inc. as part of the Subscription and freely accessible;
- “Customer Account”: personal electronic portal accessible on the Website and/or a mobile device, from which the Customer can manage their Subscription and unsubscribe;
- “Parent Area”: allows the Customer to create up to three User profiles (first name, age, Content, customization with a photo) and make usage choices (including languages, viewing time, backpack management, etc.)
- “User Area”: personalized electronic portal accessible to Users allowing them to view Content;
- “Service”: all the online services allowing Customers to customize their use of the Application;
- “Website”: the website published by KIDJO Inc. and accessible at www.kidjo.tv allowing people to take out a Subscription;
- “User”: refers to any physical person authorized to access the Content; this may be the Customer or minors under the responsibility of the Customer.
Article 4. Description of the Content and Services
KIDJO Inc. offers Subscriptions to the Services and Content intended for children without advertising, accessible via the Application.
The Content is proposed according to the age of the User, language and Content-type. Furthermore, the Content, videos, and games are divided into two categories:
- “have fun”;
4.2.1 Parent AreaAs part of the Subscription, the Parent Area gives Customers access to all the following Services:
- creation of up to three User Profiles;
- configuration of User Profiles (first name, age, content, customization with a photo);
- choice of language;
- choice of viewing time;
- choice of backpack settings (size, download preferences – WiFi or 3G/4G);
- sound preferences;
- choice of authorizing games or otherwise;
- choice of automatically viewing videos from the same series or otherwise;
- synchronization with the Customer Account (allowing deblocking of content once the Subscription has been taken out).
4.2.2 User AreaAs part of the Subscription, the User Area gives Users access to the Content.
Article 5. Access to Services
To be able to use the Services, the Customer must have a computer, mobile device or tablet with a subscription to an internet service provider. The fees related to these elements are the sole responsibility of the Customer.
The Customer is informed that connection to the Website, mobile terminal and User and Customer Areas is effected through the internet network. They are aware of the technical variations that can affect this network and cause slowing down or unavailability making connection impossible. KIDJO Inc. cannot be held liable for difficulties accessing the Website and Areas due to disruption to the internet network.
Moreover, the Customer must ensure that the configuration of their equipment is compatible with the Services delivered by KIDJO Inc.
5.2 User Identification
The Customer and User Areas are accessible through a remote connection using user identification. User identification is proof of the Customer’s identity and engages the Customer for all use of the Website and/or the Services and/or Content.
The Customer understands and expressly accepts that KIDJO Inc. may restrict, limit or suspend access to the Customer and User Areas during maintenance operations.
Access to the Website may be temporarily interrupted during maintenance.
To limit the consequences of such operations, the Customer may download Content in advance so that it is available offline using the “Backpack” Service.
Article 6. Subscription Process on the Website
An internet user who wishes to subscribe to the Content and Services proposed by KIDJO via the Website must follow the following steps:
- Be 18 years old or older at the time of taking out the subscription;
- Click on the “log-in” button on the menu at the top of the page;
- Open an account by entering their email address and password;
- Choose their payment method (credit card, PayPal, or voucher);
- Confirm their unreserved acceptance of the GSC in force at the time of ordering by ticking the appropriate box;
- Check all the information relating to the order, confirm payment and thus confirm the order with obligation to pay.
Article 7. Confirmation of the Order on the Website
As soon as the order has been placed, the Customer is informed by a page of the Website that their Subscription has been registered.
KIDJO Inc. reserves the right to refuse or cancel a Customer’s Subscription for any legitimate reason, including in the following cases:
- incorrect entry of bank details;
- refusal to pay by the Customer’s bank;
- fraud concerning the payment method or any other criminal offence of the same type by the Customer.
The Customer must bear any costs required to resolve the problem, including in the event of refusal to pay by their bank.
Article 8. Absence of Right of Withdrawal
As the Products and Services offered by KIDJO Inc. are digital content that is not provided on physical media, the Customer recognizes that they have no right of withdrawal.
Moreover, by accepting the GSC, the Customer recognizes that the Subscription is taken out as soon as the order has been placed according to the methods set out in the GSC.
Article 9. Term of the Subscription
The Customer has access to the Services and Content as soon as the Subscription has been paid for.
The Subscription is renewed automatically from one month to the next unless the Customer unsubscribes at least forty-eight (48) hours before the end of the renewal period and the Subscription is from date to date.
Article 10. Price
The prices are provided in euros including tax. They include VAT and any reductions applicable at the time of ordering.
KIDJO Inc. reserves the right to change the prices displayed on the Website at any time. However, prices are fixed and non-revisable with regard to the Customer once their Subscription has been confirmed.
Article 11. Payment terms
11.1 Payment Method
The payment relating to the Subscription is made by the Customer by either:
- Bank card: Visa, Mastercard, or Carte Bleue, issued in France;
- Debit via the various stores;
- Voucher issued by the partners of KIDJO Inc. for the benefit of the Customer, allowing a Subscription for a limited period; it being at the Customer’s expense if they decide to extend the Subscription beyond the initial period.
The payment is made as soon as the order is confirmed and the Subscription is payable in advance, for each period, by automatic withdrawal on the bank card.
The Customer recognizes and accepts that by communicating the information relating to the bank card, KIDJO Inc. will debit their bank card according to the methods defined in the GSC.
The Customer is required to update and/or modify by any means their bank details via their account (from the Customer Area in the “Modify my Details” section) in the event that these details are no longer valid.
In the event of unsuccessful payment by bank card, except in the case of theft or blocking, our secure payment service provider may be required to represent the payment until it is settled. In the event of late payment or no payment, KIDJO Inc. reserves the right to cancel the Subscription in accordance with Article 16.
The Customer may use vouchers. The validity of vouchers is limited in time at KIDJO Inc.’s discretion.
Vouchers are sent to the Customer by email. The Customer should keep the email containing them in order to complete the relevant field at the time of ordering.
Article 12. Customer’s Obligations
The Customer recognizes having previously taken out the Subscription on the verification of the suitability of the Services and/or Content with their needs and those of the User and recognizes that all the information and advice necessary for him/her to commit to the Subscription has been communicated to him/her by KIDJO Inc.
The Customer undertakes to use the Website, Services, and Content in accordance with the stipulations of the GSC. They undertake not to breach the intellectual property rights of KIDJO Inc. or any third party.
The Customer is solely responsible for the access to and use of the Website, Services and/or Content by the Users. It is up to the Customer to ensure that all Users comply with the contractual access and usage conditions of the Website, Services, and/or Content. The Customer is also solely responsible for their internet access. It is up to the Customer to make provisions to maintain this access.
The use by the Customer of the Website and/or the Services and/or the Content is not limited according to connection time. However, the use by the Customer of the Services and access to the Content is limited in number to three (3) Users.
Article 13. Intellectual Property
13.1 On the Website
The Website and the brands, domain name, images, models, pictures, texts, photos, logos, graphic charter, software, programs, search engine, and content databases on the Website are the exclusive property of KIDJO Inc. and are protected by industrial or intellectual property rights.
Any complete or partial reproduction and/or representation of one of these elements without the express authorization of KIDJO Inc. is forbidden and will constitute fraud as sanctioned by the French Intellectual Property Code.
13.2 On the Content
All published Content is videos and games that are under copyright, belonging to or licensed by KIDJO Inc.
The Services and Content are protected by intellectual property law. The use of the Services and access to Content are personal, non-exclusive, non-transferable, not sub-licensable, and limited to non-commercial use.
Consequently, the Customer undertakes not to:
- copy, modify, alter, translate, reproduce, broadcast, sell, publish, or exploit in any way whatsoever and in any form or on any media whatsoever, all or part of the Website and/or the Services and/or Content of the Website;
- download, other than under the circumstances authorized by KIDJO Inc., and, more generally, fix or reproduce on any media whatsoever, by any process whatsoever, all or part of the Website and/or the Services and/or the Content;
- more generally, exploit and/or use all or part of the Website and/or the Services and/or the Content by any means whatsoever and in any form whatsoever, for any purposes other than those that are expressly authorized.
Any use of all or part of the Website and/or the Content by the Customer that is contrary to the GSC will engage the Customer’s liability, including in regard to KIDJO Inc. and will be likely to expose them to criminal and/or civil sanctions.
Moreover, in the event of breach by the Customer of one of the obligations described above, KIDJO Inc. will automatically be authorized, without giving notice, to suspend access to the Website and/or to terminate the Subscription in accordance with Article 16 below.
Article 14. Customer Data
The personal data collected as part of the Subscription process and/or the use of the Services will be subject to data processing in accordance with the General Data Protection Regulation (hereinafter “GDPR”).
The data controller for personal data is the company KIDJO Inc., domiciled at the address provided above.
The Customer is informed that the information gathered is subject to data processing for the purpose of carrying out operations relating to the management of Customers concerning contracts, Subscriptions, invoices, accounting and the management of Customer Accounts.
KIDJO Inc. indicates the information required for carrying out these services with the following sign: “*”. If the Customer does not complete the fields marked as required, they will be unable to subscribe and will be unable to enjoy the Services provided by KIDJO Inc.
The recipients of the data are:
- staff dealing with customer service, support, invoicing and marketing;
- sub-contractors of KIDJO Inc.
In accordance with the GDPR, all physical persons have the right to:
- access the data;
- rectify the data;
- remove information concerning them under the conditions set by Article 17 of the GDPR;
- limited processing;
- define general and special directives governing the way in which they wish their rights to be exercised following their death;
- the portability of data.
The Customer may exercise these rights by providing proof of identity and contacting KIDJO Inc. at the following email address: firstname.lastname@example.org
Finally, the Customer may, if necessary, make a claim to the CNIL (French data protection authority) (https://www.cnil.fr/fr/plaintes). To do so, the Customer may contact the CNIL by mail or telephone (details available here: https://www.cnil.fr/fr/vous-souhaitez-contacter-la-cnil).
Article 15. Liability
The Customer is solely liable for the accuracy and veracity of all the information they enter at each stage of the order, as well as during all stages after the conclusion of the contract.
KIDJO Inc. undertakes to put in place the means necessary to access the Website, the Services, and the Contact according to a best-efforts obligation.
KIDJO Inc. declines all liability in the following cases:
- interruption to the Website, the occurrence of bugs or any other event making the Website and/or the Services and/or the Content unusable;
- any inaccuracy or omission regarding the information available on the Website;
- in the event of failure of the Internet network and the inaccessibility of the Services and/or the Content
Article 16. Termination
16.1 At the Customer’s Initiative
The Customer may terminate the Subscription forty-eight (48) hours before the end of the month, free of charge, directly on the Website.
The termination will take effect on the expiry date of the Subscription.
Uninstalling the KIDJO Inc. Application will not terminate the Customer’s Subscription. If the Customer uninstalls the KIDJO Inc. Application without cancelling their Subscription, their account will continue to be debited. The Subscription must be terminated explicitly according to the procedure set out in the “how to cancel my subscription” section.
In the event of termination, the Customer is liable for the amount of the current Subscription period at the time of termination and the Customer and the User will continue to benefit from the Content and Services until the end of the period.
If the Subscription has been taken out through a Store, it is up to the Customer to refer to the Store’s terms and conditions and to click on the appropriate links for terminating the Subscription.
16.2 At KIDJO Inc.’s Initiative
KIDJO Inc. may terminate and/or suspend the Subscription at any time:
- in the event of non-payment by the Customer;
- if the Customer does not update the information relating to the payment method used for the Subscription upon its expiry;
- if the Customer uses the Content and Services in breach of the GSC;
- if the Customer breaches any rights existing on the Content and the Services, including associated copyright;
- if the information communicated by the Customer with regard to the Subscription is incomplete, inaccurate or obsolete;
- in the event of the Customer’s failure to fulfil any one of the obligations incumbent on them under the GSC;
- in the event of circumstances considered force majeure lasting for more than one (1) month.
The termination or suspension of the Subscription will result in the immediate deactivation of the Services and access to the Content, with no right to compensation or refund. Termination will occur without prejudice to any action for damages that KIDJO Inc. could take against the Customer.
Article 17. Mediation
The Customer is informed that they may have recourse to mediation with the consumer mediation commission or existing sectoral mediation bodies or any alternative means of dispute settlement in the event of contestation.
Article 18. Jurisdiction
Any disputes resulting from the interpretation or execution of these GSC that cannot be resolved between the parties will be subject to the jurisdiction of the competent American courts.