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Copyright © 2020 JTVkids

SALES CONDITIONS

JTVK 2020
SALES CONDITIONS

Hello and welcome to our Terms of Service. This document is important and concerns your rights. Please read it carefully, as well as our Data Protection Policy and the other conditions mentioned in this document.

Introduction

Thank you for choosing JTVK for your child or students (« JTVK », « we », « our »). By registering your child and allowing them to use the JTVK service, websites, and software applications (collectively, the “JTVK Service” or the “Service”), or authorizing them to access any content or support made available by JTVK through the Service according to the type of Service chosen, as detailed below (the « Content ») you conclude a contract with the company JTVK.
Likewise, when you open an account with JTVK as a teacher, you conclude a contract with our company.  JTVK is a company with a capital of € 16,000, registered in the Trade and Companies Register under number RCS 829 982 677 Paris, whose registered office is located at 9 rue Anatole de la Forge, 75017 Paris. She can be contacted by email sent to the following address serviceclient@jtvkids.com
The responsible for the publications of the sites and applications of the company JTVK is its President, Mr Pierre Deroux. The JTVK application is hosted by OVH, whose address is 2 rue Kellermann – 59100 Roubaix – France.  The JTVK Service includes social and interactive features. The use of the JTVK Service is based on several technical requirements.
Your contract with us includes these General Conditions of Use (« Conditions ») as well as any additional terms that you may have accepted, as mentioned in the Entire Contract section. If you wish to review the terms of the Agreement, the current version can be found on the JTVK website. If you do not accept (or cannot comply with) the terms of the Agreement, neither your child nor you will be able to use the JTVK Service and JTVK reserves the right to refuse you access to all or part of the Content. Please read carefully the provisions of the Contract above.
They contain important information about the JTVK Services provided to you as well as the prices and taxes we charge you.

The information you provided during registration can be corrected during the registration process by returning to previous screens and correcting the incorrect information, or later by going to the « my profile » page and correcting the information.
In order to authorize your child to use the JTVK Service and access the Content or open an account as a teacher, you must

  1. be at least 18 years of age,
  2. have the capacity to conclude a contract having enforceable with us and not be prohibited
  3. doing so under any applicable law,
  4. for parents, have the status of legal guardian of your child and
  5. be a resident of a country where the JTVK Service is available. As of the date hereof, the JTVK service is available in France.

You also agree that any registration information you provide to JTVK is accurate, truthful and complete, and you agree to ensure that this is the case at all times.

2. Modification of the Contract

Occasionally, we may need to make changes to the Contract. When we make changes to the Agreement, we will send you an appropriate notification to let you know, for example, by posting a notification on the Service, or by sending you an email. If you use the Free Service as described in section 3 below, you must accept these new conditions. Otherwise, you will no longer be able to benefit from the JTVK service. If you use a Subscription as defined in section 3 below, you may continue to use the JTVK Service for 30 days without accepting the modified Contract. During this period, the current Contract will apply to you. At the end of this period, you will again be asked to agree to the new terms in order to continue using the JTVK Service. If you do not wish to continue using the Service in accordance with the new version of the Contract, you must terminate the Contract and cancel your child’s subscription in accordance with section 12 below.

3. Take advantage of JTVK

When you authorize your child to use the JTVK Services, you create a family account of which you are the holder and to which you can link up to four (4) other people (the « Family Account »). You can also offer to any third party (parent, friends …) to access the content posted by your child on JTVK, by sending them an invitation. To take advantage of this invitation, the third party must either already have a JTVK account or open a JTVK account.
Here is some information on how you and your child can benefit from JTVK.

3.1. Free Service

As part of the free service, anyone invited by the holder of a Family Account can open an account which will only allow them to access the content posted by the child or children of the JTVK holder on the site or by JTVK application. This JTVK service which does not require payment is referred to as « Free Service ».

3.2. Our Paid Services

Subscriptions JTVK offers educational services offering a variety of videos, games and other content. Some JTVK services are provided free of charge. Other JTVK services require payment before they can be accessed either by local authorities or JTVK institutional partners (hereinafter « Third Parties »), or by yourself. JTVK services that can be accessed after payment are currently referred to as « Institutional Subscriptions », « Education Subscriptions » and « Individual Subscriptions ».

3.2.1. Student Teaching Subscription. Your child may have received access to JTVK Services as part of their school or college activities. In this case, his teacher will have created a teacher account on JTVK to which he can link up to thirty-five (35) students (the « Teacher Account »). In order to be able to link your child to the Teacher Account, your child’s teacher will ask your child for your e-mail address and you will receive a message asking you either to open a Family Account, or if you already have a Family Account, to accept your child’s participation in the activities of his school or college organized on JTVK and his attachment to the Teacher Account. In this case, the use of JTVK by your child will not give rise to any invoicing of JTVK towards you.

3.2.2. Teaching Subscription

As a teacher, you can receive access and create a JTVK account thanks to the agreements concluded between JTVK and (i) the local authority responsible for your establishment or (ii) directly with your establishment.

3.2.3. Institutional subscriptions

Your child may have received access to the JTVK Services as part of the services offered by certain institutional players, related to your child’s specific situation. In this case, the institution will contact you and ask you to either open a Family Account, or if you already have a Family Account, to accept that your child can use the JTVK Services as part of the services offered by the ‘institution. Additional conditions of use may apply to these services. In this case, the use of JTVK by your child will not give rise to any invoicing of JTVK towards you.
3.2.4. Individual subscriptions : You can allow your child to benefit from JTVK services by purchasing a subscription for your child, directly on the JTVK website or the JTVK app. In this case, you will need to open a Family Account and purchase a subscription directly from
JTVK.
When you take out your subscription, we will ask you for your credit card details. These identifiers will be kept by our payment partner to allow payment of your monthly subscription. The first week is free. After 7 days, the subscription will become payable, at the rate of eight (4.90) euros per month, all taxes included. Any amount paid is non-refundable.
You can cancel your subscription at any time by simple email sent to the following address: serviceclient@jtvkids.com
The termination of your subscription will be effective at the end of the current month. JTVK will contact you on the e-mail address that you have communicated before the expiry of your payment card, so that you can provide us with the identifiers of your new payment card. In the absence of communication of the identifiers of a new payment card, the subscription will be automatically terminated on the date of the expiry of your payment card.
JTVK may at any time change the price of the Individual Subscriptions and will notify you of any price changes in advance, and, if applicable, how to accept these changes. The price changes for Individual Subscriptions will take effect from the subscription period following the price change date. If you do not accept the price changes, JTVK reserves the right to terminate your Individual Subscription with one month’s notice. Please make sure that you read these price changes carefully.

4. Rights we grant to you

The JTVK Service and the Content are the property of JTVK or the JTVK licensors. We grant your child (for parents) a limited, non-exclusive and revocable license to use the JTVK Service, as well as a limited, non-exclusive, revocable license to have a personal, noncommercial use, for business purposes. Education and entertainment of the Content (the “License”) either as a parent user or as a teaching user. This License will remain in effect until terminated by you or JTVK. You promise and agree that you and your child will make personal, non-commercial use of the Content, and for entertainment and educational purposes, and that neither you nor your child will redistribute or transfer the JTVK Service or the Content without the prior authorization from JTVK.
As a parent, you can also grant to any third party that you designate (up to a maximum of 4 people) a limited, non-exclusive and revocable license to use the JTVK Service, but only for viewing your child’s achievements.
As a teacher, you can temporarily grant JTVK access and use to your students, which will be subject to the authorization of your students’ legal guardians.
JTVK software applications and Content are licensed, not sold, and JTVK and its licensors retain intellectual property rights in all copies of JTVK software applications and Content even after installation on your devices. personal computers, mobile devices, tablets, and / or other affected terminals.
All logos, trademarks, service marks, brand names, domain names and any other features of the JTVK brand (« JTVK Brand Features ») are the exclusive property of JTVK or its licensors.
The Contract does not grant any right to use any Features of the JTVK brand, whether for commercial use or not.
You agree to submit to and ensure that your child complies with our User Guidelines and to use the JTVK Service, the Content in whole or in part, only as expressly authorized by the Agreement. Subject to the rights expressly granted in this Agreement, JTVK does not grant any other right, title, or interest in the JTVK Service or the Content.
Third-party software (for example, free software libraries) included in the JTVK Service is licensed either under the terms of the Agreement or under the license conditions of the relevant third-party software library, as published in the help section or setting on your desktop and cell phone and / or on our website.

5. Third-party applications

The JTVK Service is integrated with third-party applications, websites and services and integrates such third-party applications, web services and services (« Third-Party
Applications ») in order to make content, products and / or services available to your child. These Third-Party Applications may have their own terms of use and privacy policies, which will govern the use by you and, if applicable, your child of such Third-Party Applications. You understand and agree that JTVK does not validate and is not responsible for the behavior, functionality or content of any Third Party Application or any transaction that you or your child may enter into with the provider of such Third Party Applications.  

6. Content generated by your child

JTVK users can publish, download and / or contribute (« publish »): images (photographs, graphic designs, etc.), text (free text, messages, etc.), videos, information, and more types of content depending on the possibilities that may be offered by the Service (« User Content »). It is specified that User Content includes content published on the JTVK application as well as on any other part of the JTVK Service.  
You agree that, for any User Content that you or, for parents, your child publishes on JTVK, (1) he will have the right to publish this User Content, and (2) that this User Content, or its use by JTVK as provided for in the Contract, will not violate the provisions of this Contract, applicable law, intellectual property rights (including, without limitation copyright), rights to protection of personality or any other people’s rights, nor does it suggest affiliation with you or your User Content, or approval of yourself or your User Content by JTVK or any artist, group, label, entity or person, without the agreement express writing from that person or
entity.  
JTVK may, without having the obligation, control, revise or edit User Content. In any case, JTVK reserves the right to remove or disable access to any User Content which, in the opinion of JTVK, in its sole discretion, violates the provisions of this Agreement or applicable law. JTVK can take these measures without any prior notification obligation. The removal or deactivation of access to User Content will be at our sole discretion.  
You are solely responsible for all User Content that you or your child publishes. JTVK is not responsible for User Content and does not validate any opinion contained in any User
Content. YOU AGREE THAT IF ANY PERSON STARTS LEGAL PROCEEDINGS AGAINST JTVK CONCERNING USER CONTENT THAT YOU OR YOUR CHILD PUBLISHED, YOU WILL COMPENSATE JTVK FOR ANY DAMAGES AND INTERESTS, LOSSES AND EXPENSES OF ANY KIND (INCLUDING HONORALS) ‘LAWYER) INCURRED BY JTVK AND RESULTING FROM THESE LEGAL PROCEEDINGS.

7. Rights granted to us

In return for the rights granted to you and your child under the Contract, you grant us, on your behalf or on behalf of and on behalf of your child, the right

  1. to authorize the JTVK Service to use the processor, bandwidth, and storage material on your Device, to facilitate the operation of the Service,
  2. to transmit to you and your child institutional communication messages and other information that have been carefully selected by JTVK at given their appropriateness and (3) authorize our partners to do the same. In any part of the JTVK Service, the Content that your child displays, including its selection and positioning, may be influenced by JTVK-specific considerations, such as contracts with third parties. Some of the Content licensed or provided to JTVK (for example, podcasts) may contain advertising as part of that Content. In such cases, JTVK will make this Content available to you without modification. If you or your child transmit comments, ideas or suggestions to JTVK in connection with the JTVK Service or the Content (“Comments”), you acknowledge that the Comments are not confidential and you authorize JTVK to use these Comments without restriction and without no right to remuneration for your benefit. Comments are considered a type of User Content. You grant, in your name and, where applicable, in the name and on behalf of your child, to JTVK a nonexclusive, transferable license, which may be subject to a sublicence, royalty-free, irrevocable , free, for the whole world relating to User Content as it is published. The duration of the license is limited to the duration of your child’s subscription plus twenty (20) years, and is in any case limited to the duration of protection currently granted by locally applicable legislation, including their possible extensions and / or renewals. The object of the license is the right to use, reproduce, make available to the public (for example, perform or display), publish, translate, modify, adapt, create works derived from, and distribute any User Content belonging to you, in relationship with the Service through any medium, whether alone or in combination with other content or material, in any way and by any means, method or technology, known today or created in the future. Apart from the rights specifically granted herein, you remain the holder of all rights, including intellectual property rights over User Content. Given the characteristics and modes of exploitation of User Content, you recognize and accept that it is not customary to mention your name in connection with the exploitation of your User Content. This license includes the transfer of rights to the exploitation of your child’s voice, which may be present in the User Content. We remind you that in no case the image of your child will be present in the User Content, since children express themselves on JTVK through an avatar.

8. Guidelines for users

JTVK respects intellectual property rights and expects you and your child to do the same. We have put in place a few basic rules that you should follow when using the Service, to ensure that JTVK can continue to be enjoyed by everyone. Please follow these rules and encourage other users to do the same. The following is not allowed for any reason:

  1. copy, redistribute, reproduce, « rip », record, transfer, perform or display to the public, distribute, or make available to the public, any part of the JTVK Service or the Content, or otherwise use the JTVK Service or the Content of in a manner not expressly authorized by the Contracts, or applicable law, or in any other manner violating the intellectual property rights (such as copyright) of the JTVK Service or of the Content, or any part thereof;
  2. use the JTVK Service to import or copy any local file that you are not allowed to import or copy in this way; • transfer copies of Cached Content from an authorized Terminal to another Terminal by any means;  reverse engineer, decompile, disassemble, modify or create derivative works based on the JTVK Service, the Content or any part thereof, unless this is permitted by law;
  3. circumvent any technology used by JTVK, its licensors, or any third party to protect the Content or the Service;
  4. sell, rent, sublicense, or lease any part of the JTVK Service or the Content;
  5. bypass any territorial restrictions applied to JTVK or its licensors;
  6. artificially increase the number of reads, or otherwise manipulate the Services using a script or other automated process;
  7. remove or modify any copyright, trademark, or other intellectual property notice contained in or provided through the JTVK Service (including to disguise or modify ownership or source indications of any Content);
  8. provide your child’s password to anyone else or use another person’s username and password;
  9. “crawling” (indexing) the JTVK Service or otherwise using any automated means (including bots, scrapers, and spiders) to collect information from JTVK; or
  10. sell a user account or playlist, or otherwise accept any compensation, financial or otherwise, to influence the name of an account or playlist or the content of an account or playlist. Please respect JTVK, the owners of the Content, and other users of the JTVK Service. Do not engage in an activity, post any User Content, or register and / or use a username that is or includes material that:
  11. is offensive, abusive, defamatory, pornographic, threatening or obscene;
  12. is illegal, or intended to promote or commit an illegal act of any kind, including, but not limited to, violations of intellectual property rights, privacy rights, or the exclusive rights of JTVK or a third party;
  13. understands your password or purposely understands the password of any other user or intentionally understands data from third parties, or is intended to solicit such personal data;
  14. includes malicious content, such as malware, Trojans or viruses, or otherwise interferes with any user’s access to the Service;
  15. is intended to harass or harass or intimidate other users; • improperly embodies or represents your affiliation with another user, person or entity, or is otherwise fraudulent, false or misleading;
  16. uses automated means to artificially promote content;
  17. involves the transmission of unsolicited mass e-mail or other forms of spam (“spam”), spam, chain letters, or the like, including through the JTVK inbox;
  18. involves commercial or sales activities, such as advertising, promotions, contests, lotteries, or pyramid schemes, which are not expressly authorized by JTVK;
  19. provides links to, references to or otherwise promotes commercial products or services, except as expressly authorized by JTVK;
  20. interferes with or in any way interrupts the JTVK Service, falsifies, violates or attempts to probe, scan or test the vulnerabilities of Service or the computer systems, the network, the rules of use of JTVK, or any security components, authentication measures or other protective measures of JTVK, applicable to the Service, the Content or any part thereof; or is in conflict with this Agreement.

You acknowledge and agree that the publication of any such User Content may result in the immediate termination or suspension of your JTVK account and that of your child. You also agree that JTVK may also take your child’s username for any reason.
Be aware of how you and your child use the JTVK Service and what is shared there. The
JTVK Service includes social and interactive features, including the ability to post User
Content, share content, and make certain information about you and your child public. Remember that shared or publicly available information can be used by other JTVK users or on the web, so please make sure your child uses JTVK with caution and be aware of their

account settings. JTVK is in no way responsible for your choices and those of your child to publish documents or information on the Service.
Your password and that of your child protect user accounts and you are responsible for maintaining its confidentiality and security. You understand that you are responsible for any use made of the username and password of you and your child on the Service, except to demonstrate the fraudulent nature of their use. If the username or password associated with you or your child is stolen or lost, or if you believe that your account or that of your child has been the subject of unauthorized access by third parties, please let us know immediately and change your child’s password as soon as possible.

9. Violation and reporting of User Content

JTVK respects the rights of holders of intellectual property rights. If JTVK is notified by the copyright holder that any Content infringes copyright, JTVK may, in its sole discretion, take any action, without notifying the provider of that Content. If the provider believes that the content does not infringe intellectual property rights, it may submit a counter notification to JTVK with a request to restore the deleted content. If you believe that any Content does not comply with the Directives applicable to users or violates your intellectual property rights or any other rights, please contact us either by email at the following email address:
serviceclient@jtvkids.com or by post at the following address: JTVKids, 9 rue Anatole de la Forge, 75017 Paris.

10. Limitations and Service Changes:

JTVK will strive to provide effective and quality service. However, you are informed that the
Service may be subject to temporary interruptions, due to (i) the conduct of scheduled support and maintenance operations of which you will be informed in advance, and the purpose of which is to correct, modify and / or improve the characteristics and functions of the Service in your best interest, and / or (ii) unforeseen technical difficulties or disorders for which, in essence, you cannot be notified in advance. In such circumstances, JTVK will endeavor to restore the Service within 48 hours of its interruption. JTVK cannot be held liable under any circumstances for these interruptions, including those resulting from your own acts, unforeseeable and insurmountable acts of a third party and / or events of force majeure.

11. Duration and termination

The Contracts will remain in force until their termination, on your initiative, that of the Third
Parties or that of JTVK. In the event of termination or termination of the contract between the Third Party through which you benefit from this Agreement and JTVK for whatever reason, this Agreement will be terminated as of right. You agree and acknowledge, however, that the license you have granted, in relation to User Content, including Comments, is valid for the duration of protection of the corresponding intellectual property rights, and will therefore continue after the expiration or termination of the ‘any of the Contracts for any reason. You can terminate the Contract at any time without reason. JTVK may at any time terminate the Contract or suspend your access to the JTVK Service without prior information and without notice in the event of gross negligence on your part, and in particular in the event of violation by you of the applicable laws, violation by you of the Article 8 above or non-compliance with the rights of third parties. You can also terminate the Contract without prior information and without notice in the event of (i) gross negligence on the part of JTVK and (ii) substantial modification of the Contract in accordance with Article 2 above. To terminate your JTVK account, contact us at the following address: serviceclient@jtvkids.com.

12. Limitation

IN THE EVENT OF A PROBLEM OR DISSATISFACTION CONCERNING THE JTVK SERVICE, THIRD PARTY APPLICATIONS OR THEIR CONTENT, CONTACT US USING THE CUSTOMER SERVICE CONTACT FORM AVAILABLE ON OUR « ABOUT US » PAGE.
To the extent permitted by applicable law, JTVK’s liability to you and your child is limited to (i) all of the amounts paid by you to JTVK under the Individual Subscription or (ii) five thousand euros (5,000 €) for Teaching and Institutional Subscriptions.

13. Entire contract

Subject to what is stipulated in this section, or as expressly agreed in writing between you and JTVK, the Contract constitutes all of the general conditions agreed between you and JTVK and cancel and replace any previous agreement, written or oral, in relation to the subject of the Contract.
Please note, however, that other aspects of your use of the JTVK Service may be governed by additional contracts. This may include, for example Institutional Subscriptions. When you receive an offer regarding these aspects of your use, you will receive another corresponding contract, and you may have to accept additional conditions. Some of these additional conditions are mentioned on the JTVK website. In the event of irreconcilable conflict between any additional conditions and these Conditions, the additional conditions will prevail.

14. Severability and waiver

Unless otherwise stipulated in the Contract, if a stipulation of the Contract is held to be invalid or inapplicable for any reason whatsoever, this invalidity or inapplicability will not affect in any way nor shall it invalidate or render invalid the remaining stipulations of the
Contract, and the Application of this stipulation will be made to the extent permitted by law.
However, this article will not apply if the stipulation of the Contract in question relates to an essential obligation.

15. Transfer

JTVK may assign the Agreement in whole or in part, and JTVK may delegate any of its obligations under the Agreement. You may not assign the Agreement, in whole or in part, or transfer or sublicense your rights under the Agreements, to any third party.

16. Compensation

To the fullest extent permitted by applicable law, you agree to indemnify and hold JTVK harmless against all damages, losses and expenses of any kind (including reasonable attorneys’ fees) resulting from: ( 1) your violation of this Agreement; (2) any User Content; (3) any activity in which you engage in or through the JTVK Service; and (4) your violation of any law or the rights of a third party.

17. Contract

The Contract (as well as any non-contractual dispute / claim resulting from or in relation to it) is subject exclusively to French law. In the event of a dispute relating to the execution, interpretation or termination of the Contract, and in the absence of an amicable solution putting an end to this dispute, if you benefit from the provisions of the Consumer Code, you may have recourse to conventional mediation or any other alternative dispute resolution method.
Thank you for reading our Terms. We hope you enjoy JTVK!