Carefully read these Terms of Use ("Agreement") prior to any use of the services offered by kidscode ("the Company"). By visiting the Website or using the Services in any way, you acknowledge having read and agreeing to be bound by all the terms and conditions of this Agreement to the exclusion of all other terms. If the terms of this contract are considered an offer, the acceptance is specifically limited to these conditions. If you do not agree to all the terms of this agreement, you are not entitled to use the website or the services offered. Access to the website and the use of the services of the company are solely conditioned on your acceptance to all the terms and conditions of this contract, excluding any other terms. This agreement contains a mandatory arbitration of disputes provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
This Agreement applies to schools and related entities and organizations, including, but not limited to, directors, instructors and teachers who have access to or use the services on their behalf, as well as all those attending non-school institutions, users and others, including students, their parents and legal guardians who use the services.
ACCESS TO SERVICES: The website https://www. kidscode.com and its domain name and any other linked pages, features, content or applications offered by The company throughout its website are operated and owned by the Company. Subject to the terms and conditions of this Agreement, the Company may offer to provide certain services as described in greater detail on the website and selected by you (in conjunction with the website, the "Services") solely for Your own use and not for the use or benefit of a third party. The term "Service" includes, without restrictions, the use of the Website, any services that the Company performs for you and the content (as defined below) offered by the Company on the Website. The Company may modify, suspend or discontinue the Services at any time, including the availability of any functionality, database or content. The Company may also impose limits on certain features and services or restrict your access to some parts or to all Services without notice or liability. The Company reserves the right, at its sole discretion, to amend this Agreement at any time by posting a notice on the Website or by sending a notice to you. You will be responsible for reviewing and familiarizing yourself with these changes. Your use of the Services as a result of such notification constitutes your consent to the terms and conditions of this Agreement as amended.
If you register on our platform and create accounts on behalf of students, you warrant that you have all rights necessary to grant, to kidscode a non-exclusive, royalty-free, worldwide license during the term of the Agreement to use, transmit, distribute, modify, reproduce, display, create derivative works of, and store the Student data solely for the purposes of (I) providing the Services as contemplated in these Terms, and (ii) enforcing its rights under the Agreement. Since kidscode provides the Service to School to the benefit and enhancement of the School’s curriculum, KIDSCODE RELIES ON SCHOOL TO OBTAIN AND PROVIDE APPROPRIATE CONSENT IF NEEDED TO COLLECT STUDENT INFORMATION. School represents and warrants that School has the authority to provide consent for kidscode to collect information from students before allowing students under 13 to access our Service, and that School has provided appropriate disclosures to students and parents regarding School’s sharing of Student Data with service providers such as kidscode. We recommend that School provide a copy of our Privacy Policy to parents and guardians.
You represent and warrant that you are of legal age to join a binding contract (or as the case may be, you have permission from your parent or guardian to use the Services and have obtained from your parent or guardian acceptance of these Terms on your behalf as described above). If you accept these terms on behalf of an organization or entity (for example, if you are an administrator who accepts these conditions on behalf of your school), you represent and warrant that you are authorized to accept these terms and conditions and to commit your organization to these Terms. You also certify that you are legally authorized to use and access the Services and to assume full responsibility for the selection, use and access to the Services. This Agreement is void where prohibited by law and the right to access to the Services is revoked in these jurisdictions.
If you are a school or a teacher, you can ask the company to generate an access code to use with each restricted access group you administer (herein referred to as"access code"). For example, if you desired to establish a closed group amongst yourself, as a teacher and your Grade 5th grade class, you would distribute the access code only to members of your 5th grade class who you would like to see the progress made. Anyone to whom a group administrator distributes the access code will be a member of that restricted group. Students will access the different features using accounts created by teachers, school administrators or by teachers or students’ parents.
SERVICES CONTENT: The Services and their contents are intended solely for personal and non-commercial use by users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Services (including but not limited to text, graphics, articles, photographs, images, illustrations (also known as "content") are protected by copyright law and French intellectual property legislation. You must respect all copyright notices, trademark rules, information and restrictions contained in any Content accessible through the Services, and you shall not use, copy, reproduce, modify, translate, Publish, distribute, transmit, sell or otherwise exploit, for any purposes, any Content or any third party submissions or any other proprietary rights not owned by you: (i) without the express written authorization of the respective owners and (ii) in any manner that would violate the rights of the third parties involved.
The Services are protected by copyright as collective work and / or compilation, in accordance with French copyright laws, international conventions and other laws on intellectual property. You may not modify, publish, reproduce, transmit, participate in the transfer or sale of (except as expressly provided in this section), create derivative works based on, distribute, perform, display or exploit in any way the content, software, hardware or Services in whole or in part.
You may download or copy the Content (and other items displayed on the Services for download) solely for your personal use, provided you retain all copyrights and other notices contained in such Content. You must not store any significant part of any Content in any form whatsoever. Copying or storing any Content other than for personal and non-commercial use is expressly prohibited without the prior written permission of the Company or the copyright owner identified in the copyright notice of this Content. If you link to the Website, the Company may revoke your right to do so at any time; This decision is at the sole discretion of the Company. The company reserves the right to require prior written consent before logging on to the website.
During the use of the Services, you and other users may provide information that may be used by the Company in connection with the Services and that may be visible to certain other users. Everything you post, download, share, store or provide through the Services is your "User Submission". Some user submissions are visible to other users.
In order to post your user submissions on the services and allow other users to appreciate them (as the case may be), you grant us certain rights in these user submissions. Please note that all of the following licenses are subject to our kidscode Privacy Policy and additional Terms of Service for the educational institution to the extent that they relate to user submissions that are also your personal information.
For all user submissions, you hereby grant the Company a license to translate, modify (for technical purposes, such as ensuring that your content is visible on your tablet and your computer) and to reproduce this User Submission; in each case to enable us to operate the Services, as described in more details below. This is a license only -your ownership in the user submissions is not affected.
If you store a user submission in your private corporate account, in a way that is not visible to any other user, except you (a "Personal User Submission"), you grant the Company the aforementioned license, as well as a license to run and distribute your personal user submission solely for the purpose of posting this personal user submission and providing you with the necessary services to do so.
If you share a user submission only in a restricted access group, that is, in a way that only certain specified users can see (each with a "limited access user submission"), you grant the Company the license to view, run and distribute your restricted user submission in order to display this restricted user submission to other members of that restricted access group (or to specified users, if applicable) and to provide you with the necessary services to do so. In addition to all this, you grant other members of this restricted access group (or specified users, as the case may be) a license to access this restricted user submission, to use and exercise all rights as permitted by the functionalities of the services. For example, if you share a project in your restricted access group, you grant other members of the restricted access group the necessary rights to view the project and to create derivative works by adding and modifying them.
If you share a user quote in a public "community" about services or in a way that you or your restricted access group can view (a "public user submission"), you concede the company the license as well as a license to display, execute and distribute your Public User Submission for the purpose of displaying this User Public Submission to all Company users and to provide you with the services necessary to do so as well as any other rights necessary to use and exercise all rights in this Public User Submission in connection with the Company and the Services, provided the Company informs you of its intention to make use of your Public Submission for any other reason than those associated with display. In addition, you grant to all other users of the Services a license to access this Public User Submission and to use and exercise all rights therein, in accordance with the properties of the Services. For example, if you share a project in a public "community", you grant other members of the "community" the rights to view the project and create derivative works by adding and modifying them.
Any user and the company may use, modify, reproduce, display, distribute and create works derived from a submission by public users or limited access users provided such user or the Company abide to copyright rules and standard.
You agree that the licenses you grant are perpetual, royalty-free, irrevocable, exclusive, transferable and international. You also understand and agree that by performing the technical steps required to provide the services to our users (and this includes you as well), we may need to make changes to your user submissions to conform with and adapt those user submissions to technical requirements of networks, peripherals, services and media.
You understand that any information posted openly or privately transmitted through the services is the sole responsibility of the person from whom the content emanates and the Company shall not be held accountable for any errors and omissions in content. You also understand that the Company can not guarantee the identity of other users with whom you may interact in the course of using our services. In addition, the Company can not guarantee the authenticity of any data provided by users on themselves. You therefore acknowledge that all content accessed by you while using the services is at your own risk and you will be solely responsible for any damage or loss resulting therefrom.
Under no circumstances shall the Company be liable for any content, including but not restricted to, errors or omissions in any content or any loss or damage of any kind incurred in connection with the use or exposure to any content displayed, sent through mail, accessed, transmitted or made available through the services.
RESTRICTIONS: You warrant and agree that you will not contribute to any Content or use the Services in any way that (i) infringes or violates any intellectual property rights, publicity or privacy rights or other rights o third parties; (Ii) violates any law, order or regulation;(ii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, defamatory, vulgar, obscene, defamatory or otherwise objectionable; (iv) involves commercial activities and / or sales without prior written consent from the Company. This includes but is not limited to, contests, draws, advertising and pyramid schemes : (v) personifies any individual or entity, including without limitation, any employee or representative of the Company ; or (vi) contains a virus, Trojan horse, worm, time bomb or any other computer malware. The Company reserves the exclusive rights to remove any content from the services at any time for any reason (including, but not limited to, the receipt of complaints or allegations from third parties or if the Company believes that you violated its charter of use), or for whatever reason. The Company discharges its responsibility from any content that you download, post, email, transmit or otherwise distribute using or in connection with the services and you warrant that you have all necessary rights to provide such content to the Company and to grant the Company the unconditional right to use such information in connection with the services and in accordance therewith.
You are responsible for all the activities you undertake in relation with our services. Any fraudulent, abusive and illegal activity may justify the termination of your right to access or use the Services. You may not post, transmit or cause to be displayed or transmitted any communication or means intended to obtain a password, account or private information from any user of the services. Using our Services to violate the security of any computer network, crack passwords or security encryption, transfer, store or share illegal material or any other illegal activity is expressly forbidden. You shall not make use of Maillist, Listserv, any form of auto responder or spam on the services or any process that runs or is activated while you are not connected to the services, or that interferes with the operations or imposes an unreasonable burden on the infrastructure services. Also, the use of automated manuals or software form any part of the services is strictly prohibited. You shall not embark on reverse engineering processes nor attempt to obtain the source code for the services. You will be responsible for the withholding of all taxed, duties and other governmental requirements associated with your activities in connection with the services.
You clearly understand and agree that the Company has the sole right to decide whether you are in breach of any of the restrictions set out in this section and that it has the exclusive discretion as to how to proceed in relation to it.
WARRANTY WARNING : The company has no special relationship with you or fiduciary duty to you. You acknowledge that the Company has no control over, and no obligation to take any action with respect to: Which users have access to the Services; What content you access through the Services; What effects the Content may have on you; How you can interpret or use the Content; Or what steps you can take following the exposure of the content. You release the Company from any liability to you for acquiring or not acquiring the Content through the Services. The Services may contain or direct you to websites containing information that some may find offensive or inappropriate. The Company assumes no responsibility for the accuracy, the conformity associated with copyright, legality or decency of the material contained in the services or accessible through the services.
The Company makes no warranties regarding the accuracy of the descriptions in the Services or any suggestions or recommendations for services or products offered or purchased through the Services. Purchased products and services (whether or not they follow these recommendations and suggestions) are provided "AS IS" without any warranty from the Company or others, unless in relation to others and this has to be expressed in writing by a Third Party for a specific product or service. THE SERVICES, CONTENT, WEBSITE and PRODUCTS OBTAINED THROUGH THE WEBSITE, AND ANY SOFTWARE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
PRIVACY POLICY : For more information about the processing of personal information, please refer to the Company’s Privacy Policy at http://www.kidscode.com/privacy, which is incorporated herein for reference; Your approval of this Agreement constitutes your compliance and consent to be bound by the Company's Privacy Policy. In particular, documents that are: (1) directly related to a student and (2) maintained by an educational organization or institution or by a party acting on behalf of an educational oranization or institution are protected by French Law.
REGISTRATION AND SECURITY : As a condition for using certain aspects of our Services, you may need to register with the Company and select a password and user name. If you log into the Services through a Third Party website or service such as Facebook, G+, the Company may require that your identifier be the same as your username. You have to provide the corporation with accurate, complete, reliable and up to date registration information. Failure to do so will inevitably constitute a violation of this Agreement hence resulting in an immediate closure of your account and termination of contract. Under certain circumstances, your user ID can be selected by your school and the same rules apply to them when they select an identifier on your behalf. You may not (I) select use as a user ID the name of another individual with the intention of imitating or falsifying your identity; (ii) use as user ID a name subjected to the rights of a person other than you without prior authorisation. You will be responsible for the confidentiality of your password. If you access the services through a third party’s website or service, you will in this case provide third party account credentials to the Company and you consent to the transmission of the information contained therein to your account. You also agree to use accounts owned by you and not third party entities.
INDEMNITY: You agree to defend, indemnify and hold harmless kidscode and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising out of or related to: (I) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any privacy right or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation, (v) User Content or any other information or content that is submitted via your account including without limitation misleading, false or inaccurate information; (vi) negligent or willful misconduct; pr (vii) any other party’s access and use of other appropriate security code.
LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT AUTHORIZED BY APPLICABLE LAW, THE COMPANY OR ITS SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES OR AGENTS, WILL BE LIABLE IN RESPECT WITH THE WEBSITE, SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR FAIR THEORY (I) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (II) FOR LOSS OF DATA OR COST OF ACQUISITION OF GOODS OR SUBSTITUTE SERVICES; (III) FOR ANY MATTER BEYOND THE REASONABLE ORDER OF THE CORPORATION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KIDSCODE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL KIDSCODE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO KIDSCODE HEREUNDER OR €100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF KIDSCODE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
FEES AND PAYMENT: You will have to pay all applicable fees, as described on the website and / or your account settings related to the services you selected. You will be responsible for all taxes associated with your use of these services. Kidscode reserves the right to modify its price list and to institute new fees at any time upon notice, which will be sent either through email or posted on the website. Your use of the services after such notification constitute your compliance to any new or increased charges. The fees involved once paid can be refunded provided the request for refund occurs within the first month following the purchase and ONLY IF not more than two maps have been used. If these two conditions are met, kidscode will proceed to the reimbursement of the eleven (11) remaining months not yet consumed by the user.
Kidscode subscriptions renew automatically using the payment details on file on your account. If you purchase a subscription with automatic renewal, you acknowledge and agree that we are authorized to use the payment information on file for the renewal fee. Your subscription will renew annually on the same day and month as the date you made your initial purchase. This date will be included on your subscription confirmation receipt that will be emailed to you.
TERMINATION: This Agreement will remain in force and effect throughout your use of our Services. You may terminate your use of the Services at any time. The Company may terminate or suspend your access to the Services or your membership at any time for any reason and without notice and this will result in the destruction of all information associated with your membership. The Company may also terminate or suspend immediately and without notice or liability all Services and access to the website if you breach the terms and conditions of this Agreement. Upon termination of your account, your right to use the Services, access to the website and any content will cease immediately. All provisions of this Agreement which by their nature should transcend the termination, including but not limited to ownership provisions, warranty disclaimers and limitations of liability.
RISK OF LOSS: All purchased products from or via the Service are transported and delivered to you by an independent carrier not affiliated with, or controlled by kidscode. Title to products purchased on the Service, as well as the risk of loss for such products, passes to you when kidscode or our supplier delivers these items to the carrier.
ARBITRAGE & GOVERNING LAW: READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM KIDSCODE. In the unlikely event that kidscode has not been able to resolve a dispute it has with you after 60 days, we each agree to resolve any claim, dispute, or controversy (excluding any kidscode claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms of Service, or the breach of alleged breach thereof (collectively, “claims”), by binding arbitration by the International Chamber of Commerce (“ICC”) in Paris. The arbitration will be conducted in Paris, France, unless you and kidscode agree otherwise. Each party will be responsible for paying ICC filing, administrative and arbitrator fees in accordance with ICC rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorney’s fees and reasonable costs for expert and other witnesses, and any judgement on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing kidscode from seeking injunctive or other equitable relief from the courts as necessary to protect any of kidscode’s proprietary interests.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS TERMS OF SERVICE, YOU AND KIDSCODE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, .COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
CONTACT: If you have any questions or complaints about our services, you can contact us at contact@kidscode.com
Effective: 10/02/2017