terms and conditions

Terms of use

This website is operated and maintained by mondokiddo SAS, which has a registered office located at Histoire d’Entreprises, BP 72082, 13846 Vitrolles cedex 9, France, and is featured on the Corporate Register of Aix-en-Provence under Siret number B 531198141 000 16.

These Terms of Use set out the rules governing access to the www.mondokiddo.com website, which has been designed for children aged between 8 and 11 years old. In browsing this site, you acknowledge, accept and undertake to comply with the terms of its use, without reservation. You must also ensure that your children or pupils do the same.

mondokiddo may amend the Terms of Use applicable to users of the site at any time, without notice. Any such amendments will be published on this page. It is therefore highly recommended that the user regularly visit this page in order to remain informed of any potential modifications. In using this site after changes have been made, the user accepts the amended Terms of Use. Additional conditions may occasionally apply to other potential uses of this site and the user accepts those conditions by browsing it.

1 – PROTECTION OF PRIVACY

Any personal information that you may have to provide on the www.mondokiddo.com website (hereinafter referred to as the ‘Site’) will be transferred to mondokiddo alone.

Such information may be used by mondokiddo for direct marketing purposes with a view to offering you similar products and services. Any such use must however comply with the French legislation in force.

The provision of personal information is essential for you to receive news and special offers and to take part in the games, competitions, etc. organised by mondokiddo. If you object to mondokiddo processing any of your personal information, you will not be able to benefit from these services.

The processing of your personal information is subject to the French legalisation relating to the protection of privacy, and its potential use has been declared to the Commission nationale de l’informatique et des libertés (CNIL)1.

Your personal information will be both collected and stored by mondokiddo.

You are entitled to access and correct your personal information at any time by logging into your account and clicking on ‘Edit My Info’ in the ‘Account Management’ section.

Your personal information will be used to manage your subscription.

We would like to place a ‘cookie’ in your computer.

A ‘cookie’ does not enable us to identify you; instead, it records information relating to the use of our site by your computer (the pages that your child/pupil has visited, the date and time that they visited them, etc.) in order to enable us to expand our ‘statistics’ section.

You can block the placement of ‘cookies’ by configuring your Internet browser.

- If you browse the Internet using Internet Explorer 6 (Microsoft): click on ‘Tools’, ‘Internet Options’ and then the ‘Privacy’ tab. Click on the ‘Advanced’ button, check the ‘Override Automatic Cookie Handling’ box, followed by the two ‘Block’ boxes, and then click on ‘OK’. (IE must be closed for the new configuration to be taken into account).

- If you browse using Firefox 1.5 (Mozilla): click on ‘Tools’, ‘Options’, ‘Privacy’ and then the ‘Cookies’ tab. Uncheck ‘Allow Sites to Set Cookies’.

- If you browse using Firefox 2 (Mozilla): click on ‘Tools’, ‘Options’ and then ‘Privacy’. Uncheck ‘Allow Cookies’ or click on the ‘Exceptions’ button, enter the name of the site and click on ‘Block’.

We should however draw your attention to the fact that certain personalised services require the user to accept cookies. If your browser is configured to block them, access to such services could be impeded or even rendered impossible.

2 – USER LICENCE

Access to the Site grants you private, non-collective, non-exclusive rights over its content. Any networking or rebroadcasting in any form is prohibited.

Your right of reproduction extends only to representation on a single-user screen and is strictly limited to your own personal use. You are not authorised to use the information contained within this Site for commercial purposes.

All the material published on the Site, including any text, photographs, computer graphics, icons, etc. (hereinafter referred to as ‘Materials’) is protected by copyright. As a result, any total or partial representation or reproduction made without the consent of the copyright holder or their agents is unlawful. You are therefore not entitled to amend, copy, e-mail, pass on, transfer, download, post or, more generally, use the Materials for your own personal gain.

You must therefore:

- Only download Materials onto your computer for your own personal use and for a limited period of time;

- Only print out any downloaded Materials on the condition that such copies be strictly limited to your own personal use;

- Not reproduce the electronic form of the Materials for the purposes of press reviews;

- Not alter, amend, move, withdraw or replace the editorial content (text and/or reproductions) of the Materials, and/or the name ‘mondokiddo’ and/or that of the copyright holders or their agents, and/or any other information relating to the rights held by mondokiddo and/or the copyright holders or their agents.

Any breach of the copyright held by the editor or creators of the Site constitutes an infringement of copyright that is punishable by imprisonment and/or a fine in accordance with Articles 80 et seq. of the Law of 30 June 1994 concerning copyright and related rights.

The editor reserves the right to amend the Site’s Terms of Use or to remove or add sections to them – at any time and without prior notice – in order to take any legal, judicial, editorial and/or technological developments into account. The prevailing version of the Site’s Terms of Use is that accessible online. It is therefore recommended that you refer to the most recent version available.

The editor reserves the option to amend the features or content of the Site. They may also restrict access to the Site to certain sections without prior notice.

The editor may suspend, interrupt or block any party’s access to the Site for any reason, and in particular if the latter has breached the Terms of Use. The editor does not guarantee that the Site is free from errors or that any potential mistakes will be corrected.

The editor reserves the right to send e-mails to you personally or to all the users of the Site in order to keep you informed of any changes, amendments or additions to the Site.

3 – LIMITATION OF LIABILITY

You alone will be liable for any damage or loss – whether direct or indirect, tangible or intangible – caused by or resulting from your own use of the Site or its use by any other person authorised by you to browse it. In this respect, ‘use’ of the Site means any form of use, whether fraudulent or not.

You therefore renounce the right to submit any complaints or initiate any legal action in relation to such damage or loss on the basis of the contractual liability of mondokiddo, in its capacity as editor of the Site, or indeed on any other basis.

Children are not authorised to register themselves on the Site; only parents, legal guardians or teachers may register minors. mondokiddo reserves the right to check any completed registrations and to remove any personal accounts held by persons not identified as being an adult. mondokiddo will immediately close a personal account and delete its content at the request of a parent or teacher.

Hyperlinks may redirect you to sites other than this Site. By clicking on such links, you will leave this Site and be taken to other sites over which mondokiddo has no control. As a result, the latter is released from any liability if the content of such sites contravenes the laws and regulations in force.

Furthermore, hyperlinks are not permitted to redirect the user to the mondokiddo Site without the express consent of the editor having first been obtained. In the absence of that consent, such a link will be deemed to constitute an infringement of copyright for which the punishments have been mentioned above.

mondokiddo would like to remind those persons giving their parental consent that the very diversity and nature of the content available on the Internet could prove to be harmful to children. Parents and teachers are therefore encouraged to monitor their children/pupils whenever they log on. Parents and any other persons exerting parental control are also asked to choose which of the services available on this Site their child will be allowed to use when they select their subscription package (exchange, twinning, games), as well as to monitor how the child uses those services.

mondokiddo undertakes to do its very best to secure the access, consultation and use of the Materials on the Site in accordance with standard Internet practice. The Site may be accessed 24 (twenty-four) hours a day, seven (7) days a week, save for the event of force majeure or any other incidents outside of the control of mondokiddo, and subject to any crashes or indeed any maintenance work required to ensure that the Site and Materials function correctly. Such work may be undertaken without prior notice.

As a result, mondokiddo may not be held liable in the following circumstances:

- Momentary interruptions that last a matter of minutes and are required to update certain files;

- Operational problems or momentary interruptions in service outside of the control of mondokiddo, and in particular in the event of any interruptions to telecommunication or electricity services;

- Momentary interruptions in services required for their development or maintenance;

- Problems or faults with the Internet when attempting to send messages or documents.

You declare that you accept the features and limits of the Internet and acknowledge in particular that:

- You are aware of the nature of the Internet, and in particular its technical performance and the response times involved when reading, searching for and transferring Information;

- You alone are responsible for the provision of any access codes, and more specifically your username and password, as well as for the provision of any information deemed to be confidential;

- You are responsible for taking any steps required to ensure that your computer’s specification enables you to consult the available Information;

- You are responsible for taking any measures required to protect your own data and/or software against any viruses circulating the Site and/or the available Information;

- In downloading any Materials, you accept both those Materials and these Terms of Use without reservation.

4 – SUBSCRIPTIONS

Please refer to the Conditions of Sale (link to the Conditions of Sale).

5 – CONDITIONS SPECIFIC TO COMMUNITY AREAS AND GAMES

In its ‘exchange’ package, mondokiddo offers specific areas in which members of the mondokiddo community may communicate freely (e.g. messaging services, chat, wall, etc.). mondokiddo acts exclusively as a host of the community areas placed at your disposal and its responsibility is therefore that of a technical supplier (as defined by the Law of 11 March 2003 relating to certain legal aspects of the services provided by information companies). Parents and teachers are therefore asked to monitor the use of our community areas by their children/pupils.

1- The community areas and creative game sections (e.g. e-cards, little virtuosos, golden mike, etc.) are discussion and creative areas that allow children to send messages to their e-friends, to submit opinions and information, and to produce theme-based creations (cooking, sport, music, monuments, travel books, etc.).

In posting their various contributions (hereinafter referred to as ‘Contributions’) in those areas, you authorise mondokiddo to use and reproduce all or part of those Contributions, both in the Site itself and in any advertising material that mondokiddo may release via the written press, Internet or any other medium. If any Contributions are capable of being protected by copyright, you will also expressly transfer any corresponding intellectual property rights to mondokiddo free of charge, and in particular the right to reproduce, represent or adapt them – through any medium and in any format – throughout the world and throughout the period of time that the copyright is protected. This will enable mondokiddo to use and reproduce all or part of the Contributions published on the Site.

mondokiddo undertakes to take the greatest possible care with any Contributions posted on the Site, but may in no circumstances be held responsible for any damage or loss suffered. mondokiddo also undertakes to reproduce any Contributions alongside the pseudonym provided by their creator.

2 – You acknowledge that you are fully responsible for any Contributions published by your children on the Site and that those Contributions do not form part of the editorial activity undertaken by mondokiddo.

As a result, mondokiddo may not be held liable for the unlawful nature of any Contributions submitted. You guarantee mondokiddo against any form of recourse and/or legal action initiated against any other person as a result of the publication of Contributions on the Site.

You will pay any charges, payments and compensation that may be due to or claimed by such persons for whatever reason.

The messaging services, chat, wall, comments section and other community areas are intended for the exchange and discussion of ideas, in which conviviality and respect for others are paramount. All contributors must therefore respect one another and the wide variety of opinions required to maintain the vibrancy of the community. Any Contribution (including uploaded documents and audio messages) containing verbal aggression, gratuitous mockery or vulgarities may be moderated and subsequently withdrawn from the Site.

Contributions must not feature any content that could constitute or incite any form of behaviour repressed by the law. You therefore undertake to comply with the ethical principles set out below (this list is not exhaustive):

- Contributions must not undermine or contravene public order or accepted standards of behaviour, and they must not be unsuitable for minors;

- Contributions must in no way infringe upon the right to reputation and privacy or the right to personal portrayal held by third parties;

- Contributions must not be defamatory, offensive, obscene, violent, racist or xenophobic, and they must not be in any way damaging to the image or reputation of a brand, private individual or legal entity;

- Contributions must not be used for the purposes of intimidation or harassment in whatever form;

- Contributions must not incite hatred, violence, suicide, racism, anti-Semitism, xenophobia or homophobia, and they must not attempt to justify war crimes or crimes against humanity;

- Contributions must not incite discrimination against a person or group of people because of their ethnicity, religion or race, or because of their sexual orientation or any disability;

- Contributions must not incite the commission of a criminal offence or an act of terrorism;

- Contributions must not be pornographic or paedophilic in nature;

- Contributions must not compromise the safety or integrity of the State or any territory;

- Contributions must not infringe upon the intellectual property rights held by any person.

Any Contributions that do not comply with these principles may be deleted by the site moderator and may even be notified to the authorities in accordance with Article 21 of the Law of 21 March 2003 relating to certain legal aspects of the services provided by information companies.

You must therefore ensure that your children/pupils only publish content over which you hold the copyright yourself; content that you have been expressly authorised to use by the copyright holder; or content that is entirely free from any copyright. For your information, the Law of 30 June 1994 concerning copyright and related rights prohibits any total or partial representation or reproduction made without the consent of the copyright holder or their agents.

Furthermore, you may in no circumstances use the Site to attempt to sell, donate or exchange any stolen property or property obtained by embezzlement, fraud, a breach of trust or any other criminal offence.

The Site may not be used to solicit funds, property, services or publicity or to distribute or publish commercial data or information. More generally, the Site may not be used for mercenary purposes.

Contributions must not contain any addresses or hyperlinks redirecting the user to external sites that contravene the laws and regulations in force; that infringe upon the rights of third parties; or that breach these Terms of Use.

mondokiddo does not accept any disruptive online behaviour, such as spamming, messages that continually feature a blank Subject line, and statements inciting others to breach these rules of conduct or to take part in illegal activity. Members must therefore participate in discussions and express themselves in a positive manner.

There is a ‘View Interface’ section in both the ‘My Children’s Accounts’ and ‘My Pupils’ Accounts’ areas of the Site. You may therefore delete messages and/or e-friends and/or inform mondokiddo of any Contribution that does not relate to the relevant topic or editorial line and/or contravenes the laws and regulations in force and thus constitutes a criminal offence (e.g. attempts to justify crimes against humanity, the incitement of racial hatred, child pornography and proselytism). This option may be exercised by sending an e-mail to contact@mondokiddo.fr or by visiting the ‘mondoconnect’ section.

We recommend that you check that the children/pupils for whom you are responsible are not providing strangers with any personal information that could enable them to be identified or, more generally, with any sensitive or confidential information (postal address, telephone number, social security number, credit card details, etc.) that could be used against them or for illegal or harmful purposes. The same vigilance should be applied if such disclosure of information is solicited by a person with whom you are in dialogue, even if that person claims to be approved by mondokiddo or any other company. Such disclosures will in any case be at your own risk and mondokiddo may in no way be held liable.

mondokiddo agents and employees are not authorised to solicit personal information from you when using the services placed at your disposal on this Site, e.g. your surname, first name, address or credit card details.

6 – MODERATION

The ‘Mail Box, Chat, Wall’ sections and any pictures uploaded into the Games section are carefully moderated. The site moderator may therefore delete or temporarily or definitively exclude any content – subsequent to its publication – that does not relate to the relevant topic or editorial line; that does not comply with the ethical principles listed in the ‘Community Areas’ section above; or that contravenes the laws and regulations in force.

Terms and conditions of sale

ARTICLE 1. PREAMBLE

1.1 mondokiddo is a simplified joint-stock company (‘SAS’, Société par Actions Simplifiée) with a capital of €50,000 and a registered office located at 100 Bd de l'Europe - BP 72082, 13846 Vitrolles cedex 9, France. It is featured on the Corporate Register of Aix-en-Provence under number B 531198141 (‘mondokiddo’).
Telephone: +334 42 41 69 09 (this is not a premium rate number – calls are charged at standard rate).
e-mail: contact@mondokiddo.fr

1.2 mondokiddo operates the www.mondokiddo.com Website, which has been designed for children aged between 8 and 11 years old. The Site serves as a social network intended exclusively for children. It stimulates communication and interaction through its creative games section, discussion, chat and wall features, all of which are naturally conducive to intercultural awareness and language learning. mondokiddo sells games services and communication tools created specifically for children through its various subscription packages.

1.3 Third parties are able to purchase the right to access the mondokiddo Website under the conditions set out below.

1.4 All purchases of Services, whether by a private individual or legal entity, or by any such party on behalf of whom Services are being purchased – provided they are expressly mentioned during the purchase process or in the corresponding invoice – are governed by these terms and conditions of sale (the ‘Terms and Conditions’).

1.5 mondokiddo asks its Clients to read these Terms and Conditions carefully.

ARTICLE 2. SCOPE

2.1 These Terms and Conditions automatically apply to all sales of Services to Clients. In checking the ‘I accept these terms and conditions’ box when they complete their subscription, the Client declares that they are both aware of and accept these Terms and Conditions.

2.2 The Client declares and guarantees that:

(1) They possess the legal capacity to exercise their rights and obligations;

(2) If the purchase is to be made in the name of a third party, the Client has the power to bind that third party.

2.3 These Terms and Conditions are accessible to all Clients.

Each Client undertakes to read the Website’s Terms of Use online by ticking the corresponding box.

ARTICLE 3. ORDERS

All orders must follow the procedure set out below in order to be valid.

The Client must choose the various Services in which they are interested by selecting the corresponding subscription package on the Website. They will then be redirected to the Elysnet secure online payment site (‘Elysnet (HSBC)’).

The Client may do the following at any time:

Obtain a summary of the Services chosen;

Amend their purchases;

End the selection process and place their order by clicking on the Website’s ‘Pay’ link. The Client is then able to order the Services they have selected by entering their details into the online form. Once they have confirmed their chosen payment option, the Client is in a position to submit their final order.

Once the Client has read through their order summary and provided all the requested information, they must click on ‘Confirm’ to complete their order. In confirming their order, the Client declares that they are fully aware of the mondokiddo Website’s Terms of Use.

The Client must confirm their address, the Service(s) chosen and the total price, and must then provide their bank card number, expiry date and security code (3-digit number featured on the back of the card).

In accordance with Article L. 121-19 of the French Consumer Code, the Client will receive an e-mail confirming their order, together with an account activation e-mail.

ARTICLE 4. PRICE

4.1 Price

Prices for Services are those displayed on the Website on the date on which the Client’s order is placed and they will remain fixed as such (unless there are any typographical errors).

Prices are quoted in euros and are inclusive of tax.

4.2. Payment terms

Payments must be immediately made online by Visa, Eurocard, Mastercard or American Express, unless the server is unavailable.
Orders cannot be processed until payment has been made in full.

mondokiddo may also decline an order, particularly if payment has not been received in full for an order previously submitted by the Client or if their bank refuses to authorise payment.

mondokiddo undertakes to retain written confirmation of any orders placed and to provide access to that confirmation at the request of the Client under the conditions set out in Article L. 134-2 of the Consumer Code.

4.3 Transaction security

In order to guarantee the security of a Client’s transactions, all payments must be made via Elysnet.

ARTICLE 5. WITHDRAWAL

In accordance with Articles L. 121-20 et seq. of the Consumer Code, the Client is entitled to withdraw their order within seven clear days, without having to justify their decision or pay any penalties.
That seven-day period commences as soon as mondokiddo makes the selected Services available to the Client. If it expires on a Saturday, Sunday, public holiday or other non-working day, it will be extended until the next working day.

If the Client exercises their right to withdraw, mondokiddo undertakes:

To reimburse any sums paid as soon as possible, and within 30 days from the date of their withdrawal at the latest; or To provide a ‘credit note’ at the request of the Client (valid for a period of one year from its issue date).

ARTICLE 6. LIABILITY

mondokiddo may not be held liable for any damage or problems inherent in the use of the Internet, such as data loss, intrusions, viruses, service interruptions or any other disruptions outside of its control.

ARTICLE 7. DATA PROTECTION

7.1 The Client acknowledges being aware that any personal information collected may be stored and processed in accordance with Law 78-17 of 6 January 1978. The potential use of that information was declared to the Commission nationale de l’informatique et des libertés (CNIL)1 on 18 August 2011 (registered under number 1525935v0).

7.2 Any information collected may be transferred to mondokiddo’s contracting partners. The Client may oppose such transfers by writing to mondokiddo.

7.3 The Client is entitled to access and correct any of their personal information contained within the files held by mondokiddo.

ARTICLE 8. DENUNCIATION

mondokiddo does not release the Client from having to fulfil their remaining contractual undertakings if it does not expressly denounce any inaccurate declarations submitted by the Client or the failure by the latter to perform their obligations. mondokiddo is entitled to denounce any such failure or declaration at any time with a view to asserting its rights.

ARTICLE 9. FORCE MAJEURE

Provided it informs Clients within seven days, mondokiddo is entitled to suspend the fulfilment of some or all of its obligations in the event of force majeure or any other acts of God that could potentially hinder or delay that fulfilment. However, only those events and acts recognised by the French legal system may justify such a suspension.

ARTICLE 10. GOVERNING LAW AND JURISDICTION

This Contract is exclusively subject to French law.

THE COURTS OF MARSEILLE SHALL HAVE JURISDICTION OVER ANY LITIGATION INVOLVING PROFESSIONALS AND/OR TRADERS. IN THE EVENT OF ANY LITIGATION INVOLVING NON-PROFESSIONALS, THE COURTS HOLDING JURISDICTION SHALL BE DETERMINED IN ACCORDANCE WITH THE CIVIL PROCEDURE CODE.

ARTICLE 11. CONTACTS

This Website is edited by mondokiddo, whose business address is as follows:
100 Bd de l'Europe - BP 72082
13846 Vitrolles cedex 9
France

e-mail address: contact@mondokiddo.fr
Siret number: B 531198141 000 16

The Publication Director is Stéphanie Simpson.

Credits:
Publication Manager: Karim Angama
Development: Laurent Dumoulin, Karim Angama, Alex Ryley
Graphics: Laura Taciturno, Marine Forli
Illustrations: Assaine Tchagaiev

Host:
Omegacube
Hotel Technologique Marseille Innovation
43 Rue Joliot Curie BP 100
13382 Marseille Cedex 13
France
Commission nationale de l’informatique et des libertés (CNIL) declaration registered on 18 August 2011 under number 1525935v0.