Terms and Conditions

Terms and Conditions - KIDZINMIND

 

1.Acceptance of Terms and Conditions 

This Terms and Conditions are an agreement between you and DOCOMO DIGITAL Italy SpA a company registered in Italy, under the laws of Italy, address at Via Cosimo del Fante 10, 20122 - Milan, CF, and n. Registration R.I. Parma 02699820045 (hereinafter DOCOMO DIGITAL). These Terms and Conditions regulate the use of the app “KidzInMind” that offers a service that allows users access to a selection of apps, videos and games for children in preschool age - 1 to 6 years old - by downloading the mobile application KidzInMind; “KidzInMind” includes a PREMIUM level (subscription) that offers the service with an unlimited access, and other features, that are regulated in this Terms and Conditions (hereinafter “KIDZINMIND”, the Service or the App).

By using the Service you agree to accept these Terms and Conditions, including the Privacy Policy (http://www.kidzinmind.com/ww/#!/terms/privacy). Please read them carefully to make sure you understand them. If you do not agree with them, you should not use the Service. 

DOCOMO DIGITAL reserves the right to update, modify or change these Terms and Conditions. In the event this happens, the new Terms and Conditions will be published into the App so that you can review them. 

In addition to these Terms and Conditions, special rules of the respective apps, videos and/or games shall also apply.

You will also be asked to agree to the Stores Terms and Conditions where KIDZINMIND is distributed, which will apply in addition to these Terms and Conditions. 

These terms and conditions govern your use of the Application and are a contractual document between DOCOMO Digital Italy S.p.A. and the user having as subject the purchase and delivery of the Service.

 

2.Compatibility 

The Service is usable through the mobile Application exclusively for users with smartphones or tablets with a compatible operating system as indicated in the app store page. Before activating the Service, you must make sure that your device is compatible with the Service.

The Service is available through an internet connection. However, video content can be also available offline for Premium users, as well as some pre-installed apps. The contents available without internet connection might vary over the time and change depending on the Country. 

 

3.Use of the Service 

You can access the service by downloading the KidzInMind app from the Stores where it is distributed. The app is free to use and no user registration is required. 

If you want to enjoy additional features and unlimited contents you can subscribe to KidzInMind Premium. 

In using the Service, you agree: 

- not to violate provisions of the law, regulations, rights of third parties, including provisions relating to the law on copyright; 

- not to forward, copy, duplicate and diffuse the content offered on the Service and the Application, except the options in the App that allow any or some of the features to be shared; 

- not to disclose messages and/or material that infringes the rights of third parties; 

- not to cause damage or disruption to telecom carriers or other users; 

- hold DOCOMO DIGITAL harmless from any liability arising from the violation of any such restrictions. 

You, therefore, undertake to indemnify DOCOMO DIGITAL from any damages arising from the breach of the aforesaid obligations and/or provisions of law or regulation.

 

4.KidzInMind Premium Price and Service Costs

KidzInMind Premium is a subscription service that gives you unlimited access to all educational activities, games, and videos and entitles you of additional features such as parental control, parents’ dashboard, downloads of videos, “wi-fi only” mode and no-ads. Premium features may change over the time at DOCOMO DIGITAL sole discretion.

To subscribe to the Service, you shall: 

- read carefully these Terms and Conditions and the Privacy Policy (http://www.kidzinmind.com/ww/#!/terms/privacy); 

- ask for the activation of the subscription Service following the procedure of payment of the Store;

- pay the price for the use of the Service. 

The subscription Service allows you to access unlimitedly to all contents offered in the Application for the duration of the subscription.

Subscription packages available are, depending on the app store:

- 30-days subscription; 

- 6-months subscription; 

- 12-months subscription. 

The exact amount of the price in local currency will be displayed on the page of the app store.

The subscription comes with a complimentary 7-days free trial starting from the date of subscription. DOCOMO DIGITAL can modify the pricing at his sole discretion and introduce new subscription packages and change the premium features that will be communicated in the KidzInMind page on the app stores. These changes will never affect the users already subscribed.

You can use the subscription on any device registered with your account on the Store where you downloaded the app from. The subscription to the Service will automatically renew within 24-hours prior to the end of the current period unless terminated by the user. The price of the subscription will be debited at each renewal of the subscription to the Service.

Payment of subscription to the Service will be made through the payment system that is operated directly by the app store. 

For the general terms relating to the payment of the Service, therefore, you shall refer as indicated by the relevant app store. In no event DOCOMO DIGITAL may be responsible for the payment method managed by the app store. Any information or claims related to the method of payment must be sent to the manager of the app store. Therefore, DOCOMO DIGITAL will be exclusively responsible for the proper provision of the Service, as specified in these Terms and Conditions. 

Any Internet connection costs sustained while downloading and using the Application or browsing the Service’s website www.kidzinmind.com are excluded from the price of the subscription. These costs are regulated for the users according to their tariff or the commercial plan in effect with user’s carrier.

DOCOMO DIGITAL adheres to the Code of Conduct for the Offer of Premium Services available at the URL  http://clienti.buongiorno.com/selfCare/resources/docs/it/Delibera_Casp_3.pdf adopted by resolution of the Italian Guarantor for Communications.

 

5.Payment information

For information on how the Stores handle user’s personal information please consult your payment provider (the mobile app Store of your choice). DOCOMO DIGITAL does not have access to your payment information directly but saves only a unique reference ID of your order with your payment provider.

 

6.Termination and Deactivation of Service

The subscription to the Service will be in effect from the date of activation of the subscription for a period of 30 days (or 6 months or 12 months) and will be automatically renewed tacitly for further periods of 30 days (or 6 months or 12 months) until the subscription is terminated by the user. 

In the account section of the app, the user will be able to know if his subscription is active and he will be redirected to the Store purchase management page to manage and cancel his subscription anytime.

Cancellation will not go into effect until the end of the billing cycle.

Please note that uninstall the app from the phone/tablet does not imply deactivation of the subscription.

 

7.Intellectual Property Rights  

The brand KidzInMind, the domain www.kidzinmind.com, the site KidzInMind, the Application KidzInMind and the elements that compose them, the content offered as part of the Service (the "Intellectual Property") are the exclusive property of DOCOMO DIGITAL or the same it is the licensee. Any reproduction, representation total or partial of Intellectual Property, by any means, is strictly prohibited without the express permission of DOCOMO DIGITAL  and may constitute an act of infringement punishable by law in accordance with the rules on the protection of intellectual property. Brands, trademarks, logos and other designs on the Service are exclusively owned by DOCOMO DIGITAL or its licensors. 

DOCOMO DIGITAL grants you a personal, limited and non-exclusive license to use the Service available to you for personal, non-commercial and non-transferable use according to these Terms and Conditions. 

Unauthorised reproduction or use of all or part of the Service may lead to legal action. 

 

8.Technological Measures of Protection of the content distributed through the Services

Restriction measures on Digital content distributed through the Service may be affixed, designed to prevent or restrict acts not authorized by the Data Controller; on the content it may also be present electronic rights-management information indicating the terms and conditions of use of the content and / or materials, the author or any other owner as well as numbers or codes that represent such information, or other items identification. Any use of the digital content not authorized is expressly prohibited. It is criminally sanctioned everyone who for profit unlawfully duplicates, reproduces, transmits, or the public, sells, rents, transfers for any reason, projects in public with any procedure works or parts of protected works, and also removes or alters the technological protection measures and / or the electronic information above.

 

9.Limitations of warranty and liability 

You expressly agree that your use of the Service shall be at your sole risk to the extent permitted by law. The Service is provided on an AS IS and AS AVAILABLE basis for your personal use. Without any implied or explicit warranties of any kind, unless these warranties cannot be legally excluded. DOCOMO DIGITAL makes reasonable efforts to keep the Service operational. However, to the extent permissible under applicable law, DOCOMO DIGITAL reserves the right, to modify or discontinue, temporarily or permanently, the Service or its functions, without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Service. DOCOMO DIGITAL cannot guarantee that you will be able to use or access them at any time or from anywhere, or that it will have sufficient capacity to ensure availability of all services or serve a specific geographic area. 

DOCOMO DIGITAL takes reasonable steps to ensure that the Service is provided free from virus and other malicious software. However, DOCOMO DIGITAL makes no warranties or and assumes no liability or responsibility for any bugs, viruses, malicious software, or the like which may be transmitted to or through the Service through the actions of any third party,

In no event shall DOCOMO DIGITAL, its licensors, officers, directors, employees, or agents, be liable for the following types of loss or damage which may arise from your use of the Service: (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from the access to and use of the Service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our servers, (v) any loss, damage or upset that you suffer as a consequence of the actions of another user or (vi) loss, damage or upset that you suffer as a consequence of the actions of another user (vii) any loss or damage if the Service is not provided to you or is interrupted or suspended or if DOCOMO DIGITAL does not comply with the Terms and Conditions because of events beyond DOCOMOS DIGITAL’s control, such as an act of God, accident, fire, lockout, strike or other official or unofficial labour dispute, civil commotion or other act or event beyond DOCOMOS DIGITAL’s reasonable control. 

The limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You acknowledge and agree that, to the extent permitted by law, your one and only remedy in case of dispute with DOCOMO DIGITAL or its licensors is to cease using the services. You also acknowledge and agree that DOCOMO DIGITAL and, its licensors cannot be held liable for an act or failure to act on their part or on the part of others with regard to behaviour, communication or content on the services or to the use of DOCOMO DIGITAL software. 

For those countries or jurisdictions that do not allow exclusion or limitation of liability for incidental or consequential damages, the liability of DOCOMO DIGITAL and, its licensors will be limited to the extent permitted by law. 

Without limiting the scope of the foregoing, no provision of these terms of use limits DOCOMO DIGITAL’s liability to you in the event of fraudulent statement, death or personal injury resulting from negligence on the part of DOCOMO DIGITAL, or any other liability where such liability cannot be excluded or limited under the law in force.

DOCOMO DIGITAL does not endorse any third-party content, so in no way shall DOCOMO DIGITAL be liable for third-party contents. DOCOMO DIGITAL is not responsible or liable for anything that happens when visiting these third-party websites or using third-party content. Please be aware that third-party contents may have their own terms of use, license agreement, and privacy policy. 

This Limitations of warranty and liability do not affect other imperative rights that may assist the user. 

 

10.Indemnification

You agree to defend, indemnify and hold harmless DOCOMO DIGITAL, its licensors, content provide, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms and Conditions of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions caused damage to a third party. This defence and indemnification obligation will survive these Terms and Conditions and your use of the Service.

 

11.Termination of Services

This agreement will continue until terminated by either the user or DOCOMO DIGITAL.  DOCOMO DIGITAL may suspend the access to the Service at any time, including in the event of your actual or suspected unauthorised use of the Service or non-compliance with the Terms and Conditions. This section will be enforced to the extent permissible by applicable law. You may terminate the agreements at any time. Upon any termination your right to use the App, and any other rights or permissions granted to you in these Terms and Conditions, will end and you must stop using the App and delete it from your device.

 

12.Online Dispute Resolution

The European Commission provides a platform for alternative dispute resolutions between consumers and online traders. You have the right to refer the dispute to the EU’s Online Dispute Resolution platform at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. However, be aware that DOCOMO DIGITAL is not obliged to participate in a dispute resolution procedure in front of a consumer board. 

 

13.Governing law and jurisdiction

Unless otherwise required by a mandatory law, this Terms and Conditions and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to it or its validity and its execution shall be governed by and interpreted in accordance with the laws of Italy.  The Parties submit to the jurisdiction of the Courts of Milan, Italy unless otherwise stated by the laws. 

 

14.General Provisions

14.1If any part of these Terms and Conditions is found to be void or unenforceable, the void part should be construed in accordance with applicable law to best reflect the original intentions of DOCOMO DIGITAL, and the other parts will remain in full force and effect.

14.2A failure by DOCOMO DIGITAL to exercise or assert a right or provision of these Terms and Conditions does not constitute a waiver of that right or provision. 

14.3These Terms and Conditions (including DOCOMO DIGITAL Privacy Policy) constitutes the entire agreement between you and DOCOMO DIGITAL regarding your rights and obligations in relation to your use of the Service. In the event of a contradiction between the Terms and Conditions and any other rule or instruction published on the Service, DOCOMO DIGITAL will judge the matter according to its sole discretion.

14.4For any question, comment or complaint regarding this agreement or the Service, or for any additional information on the use of the Services, please contact us at: 

DOCOMO Digital Italy S.p.A., Via Cosimo del Fante 10, 20122 – Milan, or email address support@kidzinmind.com.