TERMS AND CONDITIONS
Welcome to Da Vinci Kids app (the "App"). This App is published by or on behalf of Da Vinci Media GmbH ("DVM" or "We" or "Us") a company registered in Berlin, Germany and whose registered office is located at Mehringdamm 55 – 10961 Berlin.
You hereby represent and warrant to DVM that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms and that you agree to be bound by the following terms and conditions. While individuals under the age of 18 may utilize the App or Service(s), they shall do so only with the involvement & guidance of their parents and / or legal guardians, under such Parent /Legal guardian's registered account.
1.1 Requirements to use the Service(s).
You must ensure that your supported device meets (and continues to meet) the hardware, systems and software requirements for the App/Service(s) as described at the time you download the App or any updates to the App.
The Service(s) is provided to you via your mobile network and/or wireless internet connection (as applicable). If the Service(s) is/are suspended, interrupted or not available to you due to mobile network and/or wireless internet connection interruptions, we will not be responsible.
You will be responsible for any costs charged by your mobile network and/or internet service provider in relation to the provision of the mobile network coverage and/or wireless internet connection necessary to use the App or the Service(s).
2. GENERAL RULES RELATING TO USE:
The App is made available for your own, personal use. The App must not be used for any commercial purpose whatsoever or for any illegal or unauthorized purpose. When you use the App you must comply with all applicable international laws and the local laws in your country of residence (together referred to as "Applicable Laws").
You agree that when using the App you will comply with all Applicable Laws and these Terms. In particular, but without limitation, you agree not to:
(a) Use the App in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; and
(b) Attempt or assist any third party to gain unauthorized access to the App or any networks, servers or computer systems or other accounts connected to the App through any means whatsoever; and
(c) Modify, adapt, translate or reverse engineer any part of the App or re-format or frame any portion of the pages comprising the App or assist any third party to do any of the above, save to the extent expressly permitted by these Terms or by law.; and
(d) Use or assist any party to use the App or Service(s) in any manner that could disable, overburden or impair any of our severs or the network connected to any DVM server or interfere with any other party's use and enjoyment of the App or any Service(s); and
(e) Copy (except as permitted by law), redistribute or relay the whole or any part of materials included within the App or Service(s); and
(f) Post or upload any material, while using user posting/upload functions, that is defamatory, threatening, obscene, harmful, pornographic or otherwise illegal or includes material which would violate or infringe in any way upon rights (including intellectual property rights, rights of confidentiality, or rights of privacy) of DVM or others or causes distress or inconvenience or affects the public order or causes incitement to the commission of any illegal act or offense.
which they suffer or incur directly or indirectly as a result of your use of the App otherwise than in accordance with these Terms or Applicable Laws.
Copyright and Trademarks: Unless otherwise stated, the copyright in all material, trademarks, service marks, and logos ("Trade Marks") and all other intellectual property rights in all material contained on, in, or available through the App including (but not limited to) all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material ("Material") is owned by or licensed to DVM, its parent, affiliates or its group companies. All rights are reserved. You agree not to use and not to assist any third party to use any framing techniques to enclose any trademark or logo or other proprietary information of DVM; or remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on the App/Material / Service(s), including without limitation, the size, color, location or style of all proprietary marks. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law. If you become aware of any such distribution or commercial exploitation, you agree to notify us immediately.
Limited Permission to Copy: DVM grants you permission to access or use the App and/or Service(s) for personal, non-commercial use. You can view, print or download extracts of the Material for your own personal use but you cannot otherwise directly or indirectly download or modify, alter, change, amend, transform, revise, translate, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material or any portion of it without DVM's express permission.
4. LINK TO THIRD PARTIES:
The App may contain links to websites operated by third parties ("Third Party Websites"). DVM may monetise some of these links through the use of third party affiliate programmes. Notwithstanding such affiliate programmes, DVM does not have any influence or control over any such Third Party Websites and, unless otherwise stated, does not endorse, is not responsible and will not be liable for any Third Party Websites or their availability, or contents, advertising, products or services available on them or the authenticity, reliability, accuracy thereof. DVM will not be liable for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or interactions/s on these site(s), as the same is provided
on "as is" without warranty of any kind. Before relying on the material, users should independently verify its relevance for their purposes, and should obtain any appropriate professional advice.
5. DISCLAIMER OF WARRANTIES AND LIABILITIES:
USE OF THE APP IS AT YOUR OWN RISK. THE APP IS PROVIDED ON AN "AS IS" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) DVM DISCLAIMS ALL LIABILITY WHATSOEVER, WHETHER EXPRESS OR IMPLIED, OR ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE IN RELATION TO THE APP AND/OR THE SERVICE(S); AND (B) ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS RELATING TO THE APP (WHETHER IMPLIED BY STATUE, COMMON LAW OR OTHERWISE), INCLUDING (WITHOUT LIMITATION) ANY WARRANTY, TERM OR CONDITION AS TO ACCURACY, COMPLETENESS, SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR PURPOSE OR ANY SPECIAL PURPOSE, AVAILABILITY, MERCHANTABILITY, NON INFRINGEMENT, INFORMATION ACCURACY, INTEROPERABILITY, QUIET ENJOYMENT AND TITLE ARE, AS BETWEEN DVM AND YOU, HEREBY EXCLUDED. IN PARTICULAR, BUT WITHOUT PREJUDICE TO THE FOREGOING, WE ACCEPT NO RESPONSIBILITY FOR ANY TECHNICAL FAILURE OF THE INTERNET AND/OR THE APP; OR ANY DAMAGE OR INJURY TO USERS OR THEIR EQUIPMENT AS A RESULT OF OR RELATING TO THEIR USE OF THE APP.
DVM and its parent, affiliates and associates will not be liable, at any time in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of the delay or inability to use the App or Service(s) or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the App, or otherwise arising out of the use of or in connection with the App and/or Service(s) or inability to use the App and/or Service(s), or any of its contents, or from any act or omissions a result of using the App and/or Service(s) or any such contents or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of information contained in the App for any direct, indirect, punitive, incidental, special, consequential damages including but not limited to: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (ii) loss of goodwill or reputation.
No representations, warranties or guarantees whatsoever are made by DVM as to the (a) accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation; (b) that the Service(s) will be uninterrupted, timely, secure, or error-free; (c) the quality of any products, services, content,
information, or other material obtained from the App will meet your expectations or requirements; or (d) any errors in the App will be corrected.
IF DVM IS LIABLE TO YOU DIRECTLY OR INDIRECTLY IN RELATION TO THE APP, THAT LIABILITY (HOWSOEVER ARISING) SHALL BE LIMITED TO: (A) FIFTY POUNDS STERLING (£50.00); OR (B) THE SUMS PAID BY YOU UPON PURCHASING THE APP, OR ANY IN-APP SPEND, INCLUDING SUBSCRIPTIONS, WHICHEVER IS GREATER.
Nothing in these Terms shall be construed as excluding or limiting the liability of DVM or its group companies for death or personal injury caused by its negligence or for any other liability which cannot be excluded by English law.
6. SERVICE(S) SUSPENSION:
DVM reserves the right to suspend or cease providing any services relating to the apps published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.
7. ADVERTISERS IN THE APP:
We accept no responsibility for adverts contained within the App. DVM shall not be responsible nor liable for any consequential damages arising on account of your relying on the contents of the advertisement. If you agree to purchase goods and/or services from any third party who advertises in the App, you do so at your own risk. The advertiser, not DVM, is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the advertiser.
If you take part in any competition which is run in or through the App ("Competition"), you agree to be bound by the rules of that competition and any other rules specified by DVM from time to time ("Competition Rules") and by
the decisions of DVM, which are final in all matters relating to the Competition. DVM reserves the right to disqualify any entrant and/or winner in its absolute discretion without notice in accordance with the Competition Rules. All taxes, levies, cesses or statutory claim for Competition shall be borne and paid by you, whether past, present or future, including penalties or claims on any nature whatsoever. All Competition winnings shall be exclusive of taxes, stamp duty, registration charges, levies, cesses and fees of lawyers engaged by DVM, and administrative charges, as notified in the Competition from time to time. These taxes and levies etc. would have to be borne by the user. For the Competition, you will be liable for compliance under the Applicable Law. Noncompliance by you of any law shall entitle DVM to demand return of any prize or gifts and indemnification against any claims, expenses or liabilities by any person, entity or third party including statutory authorities.
DVM reserves the right to charge subscription and / or membership fees from a user, by giving reasonable prior notice, in respect of any product, service or any other aspect of the App or Service(s).
Termination: DVM reserves the right to take any of the following actions in its sole discretion at any time and for any reason without giving you any prior notice:
A. Restrict, suspend, or terminate your access to the App and/or all or any part of its Service(s);
B. Change, suspend, or discontinue the App or all or any part of its Service(s);
C. Refuse, move, or remove any material that you submit to its App for any reason;
D. Refuse, move, or remove any content that is available on its App;
E. Deactivate or delete your accounts and all related information and files in your account; Establish general practices and limits concerning use of its App.
F. You agree that DVM will not be liable to you or any third party for taking any of these actions.
Updating Terms: DVM reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately, and the current Terms are available through a link in the App to this page. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and your use of the App/Service(s) after any updating or amendment to the Terms will constitute your acceptance and you will be bound by the new/revised/modified terms/ policy. No other variation to these Terms shall be effective unless in writing and signed by an authorised representative on behalf of DVM.
Governing Law: These Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.
If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.
DVM's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by DVM in writing.
Unless otherwise expressly stated, nothing in the Terms shall create any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you, DVM and its group of companies.
Notice of Copyright Infringement and Grievance Redressal Mechanism:
DVM is not liable for any infringement of copyright arising out of materials posted on or transmitted through the App, or items advertised on the App, by end users or any other third parties.
Redressal Mechanism: Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to:
We request you to please provide the following information in your complaint:
• A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
• Identification of the copyrighted work claimed to have been infringed.
• Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
• The address, telephone number or e-mail address of the complaining party.
• A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
• A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed
Copyright © Da Vinci Media GmbH
All Rights Reserved.
This disclaimer/ terms of service notification is subject to change without notice.
This policy tells you:
1. THE INFORMATION WE COLLECT
We receive both Information that is directly provided to us – such as personal information you provide when you visit our website, use our app or participate in an activity on the Service – and information that is passively or automatically collected from you – such as usage information collected from your browser or device.
Information You Provide To Us: In order to participate in an activity on the Service, for example, a competition or other similar activity, you may be required to provide some contact information such as name and email address and other information such as a photograph or a video, depending on the specific activity. Additional details on collecting and processing will be provided at the point of collection and by the specific terms for participating in that activity.
Information That Is Passively Or Automatically Collected: We also receive information that is automatically collected from your browser or device when you visit the Service, such as page views, clicks, IP address, device type and the type of browser you are using.
Information We Receive From Third Parties: When you engage with our content through social media or any other Da Vinci Media sites or applications, you may allow those sites to share Information with us; such as content you have viewed or interacted with, and adverts which you have been shown or clicked on within the content.
The individual privacy policies for these sites and applications will contain more detail and give specific information on how to change your privacy settings.
2. PROTECTION OF YOUR PERSONAL INFORMATION
We're strongly committed to keeping you and your family's information safe. To do this we design our services with your safety in mind. We also have dedicated team roles to look after your Information security and privacy.
However, no service can be completely secure. If you have any concerns that your Da Vinci account or personal information has been put at risk, for example if someone could have found out your password, please get in touch straight away by email at: email@example.com
3. HOW WE USE YOUR INFORMATION
We use your information in four ways:
3.1 To fulfil a contract, or take steps linked to a contract pursuant to Article 6(1)(b) of Regulation (EU) 2016/679 ("GDPR"):
3.2 Where this is necessary for purposes which are in our, or third parties', legitimate interests pursuant to Article 6(1)(f) of GDPR:
These interests are:
3.3. Where you give us consent pursuant to Article 6(1)(a) of GDPR:
3.4. For purposes which are required by law pursuant to Article 6(1)(c) of GDPR;
4. RETENTION OF YOUR INFORMATION
Where we offer registration, we keep details of users who have registered with us for as long as you use the Service and your user account details for up to 18 months afterwards. We delete user profile information provided to us for the Service automatically when the registration for the Service is cancelled.
If you contact us with support queries, we keep the data for between 3 and 18 months, depending on the nature of the query and whether you have registered with us.
Where we process Information for marketing purposes, we process the Information while you remain interested in the marketing (for example, where you open and read our offers) and for three years after that point. If you ask us to stop sending marketing we will keep your Information for a short period after this (to allow us to implement your requests).
Where we process Information for a competition, we keep the data for 12 months from the day the competition ends unless a longer period is required by law.
4.1 Where we store your information:
Some companies that provide services to us run their services from outside the European Economic Area. We only let that happen if we are satisfied with their levels of security. Keep in mind that when you give us personal information it could be transferred, stored or processed in a location outside the EEA.
5. INFORMATION SHARING
We do not disclose any personal information about children to third parties.
We do not share identifiable adult personal information with third parties other than where it is necessary to administer the services we have agreed to provide you. Any such information shared will be with appropriate security measures, to carefully selected third parties only, including service providers we engage to perform functions on our behalf, such as hosting or operating our Sites and sending email communications.
We may also disclose your information to third parties:
When we share your information we will always share it in a secure way and require such third parties to not use your personal information for their own business purposes, unless you have explicitly consented to the use of your personal information in this way.
You have the right at any time to ask us not to share any of your personal information with third parties by contacting us at firstname.lastname@example.org and opting out.
6. COOKIES AND SIMILAR TRACKING
7. YOUR RIGHTS
You have a number of rights in relation to your personal data:
We update this policy from time to time. If we make important changes, such as how we use your personal information, we'll let you know. This notification can be a notice, an email, or a message in your app.
If you don't agree to the changes, then you can always stop using our services, delete your account and stop giving us any more personal information. We'd be sorry to see you go.
9. HOW TO CONTACT US
For any other questions or comments about this policy speak to our Data Protection Officer:
Dr. Lukas Mezger