Terms and conditions of use for Echos d'école
1. Preamble - legal information
The echosdecole.com.com website is published by Echos d'école, hereinafter Editor, registered auto-Entrepreneur under business identification (SIRET) number 52249650400013 and represented by Mr. Maxime Carpentier.
The echosdecole.com.com website is hosted by OVH , SAS (a simplified French limited liability company) with a capital of € 10,000,000 RCS Roubaix - Tourcoing 424 761 419 00045 Headquarters: 2 rue Kellermann - 59100 Roubaix, France
2. Purpose and purview - acceptance of terms and conditions
The following sets out the terms and conditions under which on one hand, Echos d'école, hereinafter referred to as the Editor, provides its users with echosdecole.com website (hereinafter the website ), and services available on the website and on the other hand, the way in which the user accesses the website and uses its services.
Any connection to the website is subject to compliance with these conditions.
For the user, simple access to the publisher's website at the URL http://echosdecole.com.com implies unconditional acceptance of all conditions described below.
In the event that the User does not wish to accept all or part of these general conditions, they are asked to refrain from using the Service.
Hereunder, each of the terms listed below, singular or plural, shall have the meaning given as its definition. The terms mentioned in singular include the plural and vice versa, depending on context.
« Child Account » : identifies the space on the website dedicated to a Minor Member , subject to creation by an Adult Member allowing access to certain features , and Services provided on the Website.
« Adult Account » identifies the space dedicated to an Adult User, subject to registration on the Website using a user name and a password, enabling access to certain features of the website, including creation of child accounts, and services provided on the Website.
« User Content »: The term « User Content » identifies data transmitted by the Minor or Adult User in different sections of the Website, particularly through voluntary activity games (saving drawings, colouring activities)
«Data» identifies information that the User voluntarily transmits to the Website via the registration form.
«User name(s)» generally identifies any email address, PIN code or password , that allows the Member to access the Website.
«Password»: The «Password» is confidential information, that the Member must keep secret, which allows , to prove identity , when used in conjunction with the user name .
« User name » : The «User name » is information visible to other Users of the Website, it is a public identifier of an Adult and / or Minor Account.
«User » identifies any Website user and Services provided by the Editor via this website in any frequency whatsoever, occasional or regular
«Adult Member » identifies any natural person of legal age , who can form legally binding contracts under French law, having created an account on the Website.
«Minor Member » identifies any natural minor who owns a Minor Account created by an Adult Member .
«Services: identifies services provided by Echos d'école consisting in particular of the opportunity for children aged 3 to 10 years , to participate in educational activity games, save colouring activities and / or drawings.
«Website » identifies the fixed and/or mobile version website, , accessible at echosdecole.com.com , and any mobile application used to access services and edited by Echos d'école.
3. Access to the Website
3.1 Access to the website
The site is available at no charge to any user with an Internet connection. The user has sole liability for all costs relating to access to the Service, whether these are hardware, software or internet access costs. The user is solely responsible for the performance of computer equipment and Internet access.
Some sections of the website are dedicated to Adult Members upon identification via user name and password. Some sections of the website are dedicated to Minor Members following prior identification of the associated Adult Member and selection of appropriate Child Account.
The Editor agrees to take all reasonable measures at disposal to ensure quality access to the Service, but is under no legal obligation to do so. On this basis, the Editor cannot be held responsible for the unavailability , interruption or malfunction of the website , for any reason particularly in case of failure of internet service provider, hosting provider , intrusion by third parties or force majeure.
Some sections of the website, in particular educational activity games, may require installation of third party software to run correctly. The user is free make a decision about this installation and Echos d'école shall in no event be responsible for any malfunction and / or damage caused by third-party software(s) installed.
The Editor reserves the right to refuse access , unilaterally and without prior notification, to users who are in breach of the present Conditions of Use.
4. Registration- Creation of an Account
4.1 Creation of an Adult Account
Access to some features of the website requires the creation of an Adult Account, materialized by a registration form. The Adult Account also allows an Adult Member to create Minor Accounts that can be configured, administered (e.g. choose which games the child can access, set the default language for the games the child will access , ...) and usage statistics of Minor Members consulted (e.g. child's preferred areas , latest games accessed ...)
When creating an Adult Account, the User will have to choose a personal user name and an associated password through the registration form. The user will be asked to communicate various mandatory or optional personal information (such as, for information: email address, user name, surname,first name , date of birth) depending on the nature of the information , to the Editor. A user account can not be created , if the user fails to provide information specified as mandatory. This personal data is collected and saved with the consent of the user and will be processed in accordance with the law of 6 January 1978. Except for the User name which is visible to other users of the Website, no personal information provided at registration shall be communicated to third parties without obtaining explicit authorization from the Adult Member.
Only major and responsible people can subscribe as Adult Members of the Website. During registration, the user agrees to provide complete, current and accurate information via the registration form, and update them after registration.
The User also agrees not to use a user name that could infringe the rights of third parties (including use of surname, user name, third party trademarks by a third party , works protected under intellectual property right laws )
The Editor reserves the right to refuse any registration in violation of conditions listed above, or suspend any account unilaterally without entitlement to any obligation or compensation.
4.2 Creation of a Minor Account
Access to certain features of the Site (for example , saving a colouring activity) requires creation of a Minor account by an Adult Member. This account is used by the Minor Member, who can not access the Adult account without a password , once connected. The Adult member must never disclose password to the Minor Member as this would allow access to the Adult Account and enable actions dedicated to Adult Members (creation of other Minor Accounts, Password change requests, ... ). When creating a Minor Account , the Adult Member will be asked for personal information concerning the Minor Member , these examples included but are not limited to, date of birth, first name, gender. Apart from the Minor Member's User name , which is visible to other users of the Website, none of the personal data provided during subscription is shared with third parties without explicit consent of the Adult Member account creator .
Adult Members must bear in mind that it is their duty to supervise activities of the Minor Members associated to the account .
4.3 User name
The User name is public, visible to other users and identifies Adult and / or Minor Member.
It should not be vulgar, insulting, offensive, nor refer to a political orientation, community, religion and / or ethnicity. It should not imitate or resemble a registered trademark or a public figure.
You agree to comply with these rules to create your user name and user names for your Minor Accounts. The Editor may at any time ask you to change the user name for your Major Account and / or of one or more of your Minor accounts , and may at any time decide to assign a user name of their choice and / or suspend your Adult Account if you breach the rules outlined above.
5. Collection and protection of personal data
The website has been declared to CNIL under French law No. 78-17 of 6th January 1978 relating to Information Technology, Files and Civil Liberties under receipt number 1832762 v 0
The data collected and processed by the Website are:
- Data voluntarily submitted by the Member when creating an Adult account and and Minor Account(s).
- Data collected automatically by the website through Cookies. This collection can be disabled by following the steps on the page dedicated to Cookies: http://echosdecole.com.com/cookies. However , such manipulation, is likely to impair the functionality of the Website, without liability being incurred to the Editor on that basis.
- Data collected automatically by the Website when using Services by a Minor Member , accessible to the Minor Member and associated Adult Member representing usage statistics of Services by Minor Members (whose indicative non-exhaustive list include : games played by the Minor Member, preferred sections)
- User Content, voluntarily sent by the Member while using certain games, including but not limited to, drawings and colouring activities by the Minor Member .
Personal Data is stored by the host of the Website identified within proprietary notices contained in the preamble of these Terms and Conditions.
In accordance with Article 34 of the Law on « Data Processing and Liberties», the Editor guaranties Members right to oppose, access and rectify data concerning them. The Adult Member can use this right on the website, in the menu at the top right corner of the home page of the Adult Account, by clicking on « edit profile ». Personal data with regards to Minor Accounts are editable in the dedicated area referred to as « tree house »
Any account closure request must be made at http://echosdecole.com.com/contact and will be taken into account once the e-mail has been identified and confirmed
6. User Responsibility
6.1 User name and password
Adult Members are entirely and solely responsible for the use made of their identifiers. Any access, use of Adult Account (s) or associated Minor Account(s), User Content creation made from an Adult or Minor Account will be deemed to have been made by the Adult Account holder , Member . Maintaining secrecy of the Adult Account password is sole the responsibility of the latter. Thus any loss, misuse or unauthorized use of a Member's identifiers are the Adult Member , associated to the Adult Account 's sole responsibility .
In case of misuse or unauthorized use of a Member's identifiers, the Adult Member shall immediately inform the editor at http://echosdecole.com.com/contact. The Editor is committed to help the Adult Member reset the password by sending an email to the email address entered by the user at the time of subscription. In case of loss of access to the electronic mail box mentioned during subscription, the Editor will not be able to help in accessing the Adult Account.
6.2 Conformity of User Content
The User undertakes, under penalty of seeing his/her civil or criminal liability triggered, not to publish contents and not to use a user name which , including but not limited to: is of defamatory nature , offensive, xenophobic, racist, obscene, pornographic nature, paedophile, violent or inciting violence, violating third party image, invasive of privacy of third parties , infringing intellectual property rights , violating law or regulatory provisions, affecting public order or morality. Any content created by Adult Member and / or Minor is the sole responsibility of the Adult Member holder of the Adult Account through which the content was created. The Adult Member must accompany and monitor Minor Members associated to his/her account when using the Website and the Services. The Editor reserves the right to remove saved User content or content transmitted on the Website, without prior notice to the User, particularly content that breaches conditions presented herein.
Furthermore, Members understand that the Website does not guarantee archiving of User content. Hence its up to them to make their own backups on media other than on the Website or Services. The Editor shall in no event be held liable for loss of data or content.
7. Liability Limitations
7.1 Access to the Site and its Services, Data and User Content
The Editor agrees to do his best to ensure that users and Members are provided with a Website and Services 24/7 , except during technical maintenance to ensure the proper functioning of the Website. However , the Editor, makes no warranties on availability or operating performance of the Website. In this regard, you expressly acknowledge that access to the Website may be interrupted or unavailable for an unforeseen period of time , without any warning or prior notification, and the Editor shall in no event be held responsible or prosecuted for interruption of access to the Website and its Services
Moreover , the Editor may not be held liable with regards to the User for any loss or damage , regardless of the nature, from which he/she may suffer due to use of the Site and / or its services, IT security damage which wasn't provoked by the user and can possibly cause irrevocable damage to user's computer equipment as well as their data and Content.
The User also acknowledges the impossibility of a full guarantee of secure exchanges of data. The Editor shall not be held liable for damages resulting from transmission of any information, including login and password, through the Service.
Members agree not to sue or seek any compensation from the Editor , hosting service provider or related people in case of breach of conditions of use related to the Website by third parties , particularly for lawyer or legal fees .
7.2 Educational Games
Echosdecole.com.com is an educational game website for children, aged from 3 to 10 years and parents wishing to offer their child a website that provides them with a fun way to study . For this purpose, the Editor puts in his best efforts to provide games which are both educational and fun. However , these games may contain errors, omissions, inaccuracies or approximations . The Editor agrees to correct any error, omission, inaccuracies or approximation when reported, but can not guarantee the absence of such errors in the games , at any given time. The User acknowledges having been informed of these limitations and agrees to them. The User also understands that the only purpose of these games is to revise and have fun , these games do not constitute or substitute any educational program . Therefore, the use of information and content available on the Website can in no account hold the Editor liable, for whatsoever.
7.3 Hyper links
The Website provides hyper links to websites owned by third parties. The user acknowledges that the Editor has no control over these external resources and therefore assumes no liability for contents of any external resources.
8. Intellectual Property
The Website and its contents are the sole property of the Editor. This content is protected by copyright and trademark law, it is made available to the user free of charge, for the sole use of the user's own benefit , under normal use of its functionality. The User agrees not to copy or modify services and Games of the Website in any way, and not to use modified versions that are not hosted on the Website.
9. Amendment of the general terms and conditions
The Editor reserves the right to modify these General Terms and conditions at any time. Any amendment shall take effect from the date of implementation on the Website. The Editor agrees to notify any changes to these general terms and conditions for Users by displaying them on the Website or by email to Adult Members. If the user continues to use the Website and / or Services after amendment of the general terms and conditions of use , he/she will be deemed to have accepted them.
10. Choice of law and jurisdiction
The applicable principles and legal rules pertaining to content and data transmission on and throughout the website , are determined by the French law. In the event of litigation, if an amicable agreement cannot be reached, only the French courts under the jurisdiction of the Paris court of appeal shall be competent.
If one or more of this terms and conditions should be held illegal , invalid or unenforceable for any reason whatsoever, all other provisions hereof shall remain in full force and effect. The term(s) declared null shall be replaced by one or more clause(s) that most closely approximates the intention of the invalid clause.