TERMS OF USE OF THE WIMAMP COMMUNITY

 The W.I.M.A.M.P. community (hereinafter “WIMAMP” or “Platform“) is an interactive platform managed by BOBO CHOSES, S.L., a company incorporated under Spanish law, with a registered address in Calle Jaume Balmes, número 14, registered in the Commercial Register of Barcelona, in volume 41.617, sheet 19, page B-390.950, entry 1 and with Spanish tax number (C.I.F.) B65223182 (hereinafter, “BOBO CHOSES”).

  1. CORE INFORMATION

 WIMAMP is a community of users conceived to promote the active involvement of children and adolescents in the understanding of the world they live in by participating in playful activities which confront them with their environment.

The role of parents in the Platform is very important since they are involved in their children’s activity through personal supervision of their actions, so they are able to advise their children on the appropriate use of the Platform while understanding the environment in which children interact with each other. For this reason, parents remain directly liable for any action their children perform within the framework of the Platform and release Bobo Choses from such liability.

The content the Platform addresses to underage children is appropriate to the maturity of the age group to which they are directed, and has the objective of stimulating their creative spirit and encourage their critical thinking, social commitment and coexistence, from a neutral cultural and ideological point of view.

With regard to underage children’s rights protection, Bobo Choses takes all necessary measures to comply with the legislation in place.

The activities, programs, spaces and platforms targeting the underage children public do not show violent or sexually explicit content, in line with current legislation in force. This content does not encourage ludopathy, nor the consumption of alcohol, tobacco or drugs or other harmful behaviour to health, nor promote hate, contempt or discrimination for any reason.

  1. CONDITIONS OF USE OF THE PLATFORM BY UNDERAGE CHILDREN

Bobo Choses reserves the right to deny the access to WIMAMP and to prevent and/or remove any uploaded media or any communication made through the site, at any time and without prior notice, by any users who failed to comply with these terms of use.

For the purposes of the applicable law, any person under 14 years of age is to be considered an underage child. Underage children are not allowed to use WIMAMP without the appropriate parental approval and control.

  1. PARENTAL CONTROL AND NOTIFICATIONS

 No underage child is allowed to register an account or directly interact within the Platform without his parent or legal custodian’s direct supervision.

Only adults holding the parental authority of the underage child can register an account on behalf of their child. By submitting the registration application, the adult confirms his parental authority over the child on behalf of whom the account is to be registered, and commits to oversee and control any of the latter’s activity within the Platform.

The Platform provides an additional parental control mechanism by which every child’s action within the Platform is notified to the email account submitted in the registration application.

The parents can activate or deactivate the email notification service.

  1. USER’S INTERACTIONS AND UPLOADED MEDIA

 Under the adult’s supervision, children interact on the Platform by participating in the activities and challenges organized by Bobo Choses. Within the framework of such activities and challenges, users are encouraged to submit media content produced by the children under their parent’s supervision. This media could consist especially but not exclusively in: photographies, pictures, videos, texts, files, drawings, designs, tunes and music.

The Platform puts at the user’s disposal a complaint mechanism for the case in which a parent detected unlawful content which could violate any right to honour, privacy and self-image of their children or third party, which is stipulated in provision number 8.

Please, help your children learn to gain the permission of the other children appearing in the pictures he intends to submit to the Platform.

  1. TRANSFER OF INTELLECTUAL PROPERTY RIGHTS

By submitting the registration application, the user expressly agrees in transfer Bobo Choses the intellectual rights to publicly disclose, use, reproduce totally or partially, exploit, transform, modify or correct; in relation with all videos, photographies, pictures, files, texts, drawings, designs, music, tunes and any other material or content uploaded to the Platform or resulting from the user’s activity in the Platform, and declares the persons appearing in the submitted content have authorised its publication.

Parents authorise Bobo Choses to use those transferred rights at its discretion and good sense. However, should Bobo Choses decide to make use of those rights, the Bobo Choses commits in publishing such media exclusively within the framework of the Platform’s website, social networks profiles and newsletter, and Bobo Choses’ website and social network’s profiles.

Parents can exercise their right to revoke the transfer of intellectual property rights herein defined by the mechanism stipulated in provision number 8.

  1. INTELLECTUAL PROPERTY OF BOBO CHOSES AND THIRD PARTY CONTENT

The source code, design, navigation structure, and the any elements of the Platform are protected by intellectual property rights. Only their owners are authorised in exercising the exclusive rights of exploitation in any form and, in particular, the rights of reproduction, distribution, public communication, and transformation. By submitting any media content to the Platform, the user ensures he has obtained the explicit authorisation of their author or authors for the purposes of this provision, or that such media content is copyright free (licenses Creative Commons) and its authorship dully credited. Neither Bobo Choses not the Platform would be liable in case the user was in breach of this provision.

  1. LIABILITY

Adults holding the parental authority of the underage child on behalf of whom they registered the account will respond to any damage caused to their children, to any other user, to Bobo Choses or to a third party as a consequence of the breach of any of the obligations established in these terms of use or the law applicable to the use of the Platform.

Bobo Choses reserves the right to deny the use of the Platform and to prevent and/or remove any communications made by means of the site, at any time and without prior notice to those users who failed to comply with these terms of use.

The condition of User of the Platform implies the commitment to comply with the following conditions:

  1. Users cannot gather information or content from other users.
  2. Users cannot access other users’ account.
  3. Users cannot supplant another user’s identity.
  4. Users cannot bully, intimidate, or harass any other user. Any harassing behaviour leads to an automatic closure of the account.
  5. Users cannot publish any content containing offensive language that could be threatening or unsuitable for underage children, promoting violence or containing graphic or unjustified nudity or violence.
  6. Users cannot share their password or let another person access their account, or do anything that could endanger the safety of their account.
  7. Users should maintain their contact information accurately and up-to-date.
  8. Users cannot submit any viruses or other malicious code to the Platform.
  9. Those convicted for sexual crimes are strictly forbidden to use the Platform.

If any third person filed a claim against Bobo Choses in relation with any act performed by a user in breach of these conditions of use or the law applicable to the Platform, Bobo Choses will not be liable for all damages, losses, and expenses of any kind related to such claim.

Although Bobo Choses does provide this code of conduct for all the users of the Platform, Bobo Choses does not control or monitor their actions and therefore is not liable for the content or information that users submit or share by means of the Platform.

  1. REPORTING

Bobo Choses provides the Platform’s users a complain channel for them to report any content related to the Platform website, social networks profiles, newsletter or Bobo Choses’ website and social network profiles in case :

  1. Any user was interested in bring to Bobo Choses’ notice the existence of any, inappropriate content that may threaten the honour of their child or any other third party;
  2. Any user was interested in bring to Bobo Choses’ notice the misuse of a third party’s intellectual property rights;
  3. Any user wished to exercise its right to revoke the transfer of intellectual property rights to Bobo Choses.

Users can complain for any published content by submitting a complain application both by email or postal mail to the following address:

BOBO CHOSES

C/Jaume Balmes 14,

08301 Mataró (Barcelona)

  1. PERSONAL DATA PROTECTION

Bobo Choses collects and treats data to identify the users of the Platform and to provide access to the services and functionality at their disposal. Before using any new service or functionality of the Platform, Bobo Choses informs the Platform’s users on whether and how Bobo Choses would treat their data.

The personal information users include in the Platform is incorporated into a file of personal ownership of Bobo Choses for the sole purpose of content management regarding the optimal functioning of the Platform.

Bobo Choses treats the data that users submit to the Platform with the purpose of hosting the user’s information in the Platform and allow all users to interact within the Platform’s framework in the terms established in these conditions of Use.

By submitting the registration application, the user consent to join in the Platform’s mailing list. The Platform’s management is to regularly publish a newsletter with the exclusive purpose of sharing information and content related to the Platform and its community. Bobo Choses commits in not using the aforesaid mailing list for third party’s commercial purposes. Because the content of the mentioned periodic newsletter is an essential element to the Platform experience, the user consent in joining the mailing list extends to receiving such email newsletter by means of it. Nevertheless, Bobo Choses offers the user the possibility to unsubscribe from the email newsletter service via a fast, easy and free procedure in every communication the user receives by means of the aforesaid mailing list.

Bobo Choses will only use the user’s email address for commercial purposes when the user had marked the box by which he authorizes to receive such communications.

Bobo Choses has adopted the technical and organisational measures to guarantee the security of the personal data and avoid their alteration, loss, treatment or unauthorized access, taking into account the State of technology, the nature of the data stored and the risks to which they are exposed, in accordance with the provisions of Royal Decree 1720 / 2007, of 21 December, which approves the regulations implementing the organic law of protection of data of character Personal. Bobo Choses informs the users of their rights of access, cancellation, rectification and opposition, by sending an email to […] @bobochoses.com or by letter to the following address: C/Jaume Balmes 14, 08301 Mataró (Barcelona), Spain.

In order to preserve user’s privacy, Bobo Choses does not allow users’ profile data to index in non-Platform searching engines.

  1. TERMINATION AS USER

 Any user can disable or delete their account by the following procedure:

 

  1. Deactivation: The deactivated account remains active but inaccessible to third parties. By his procedure, other users are no longer able to see the deactivated profile, but the Platform does not remove the account’s information. Users can deactivate their account on the account settings page.
  2. Elimination: When an account is deleted, its information is removed permanently. This procedure takes about a month to complete, but any user can recover their account’s information from backups and records for up to 90 days. Users should only delete their account if they are sure they will never want to re-enable it. Users can delete their account on the account settings page.

 

  1. MODIFICATION OF THE TERMS OF USE

Bobo Choses reserves the right to undertake, at any time and without prior notice, any modification and/or update of the information contained in the Platform, the configuration and display of its website and the Platform’s accessibility conditions when it deems appropriate.

However, Bobo Choses will do its best to notify users of any Platform’s change or modification. Bobo Choses will perform those communications by means of any communication tool with users remaining at its disposal, i.e. by posting on the administrators’ wall, by mailing list, by private message or by indicating the last date of modification of the displayed information.

  1. DISPUTE RESOLUTION.

 In case of dispute, the parties, with expressly waiving any other jurisdiction which may apply, submit themselves to the Spanish law and the jurisdiction of the courts and courts of law of Barcelona.

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PRIVACY POLICY WIMAMP COMMUNITY

BOBO CHOSES, S.L. (hereinafter, “BOBO CHOSES”) is a Spanish Company, located in Mataró (Barcelona), Jaume Balmes, 14, registered in the Commercial Registry of Barcelona in volume 46167, page 19, sheet B-390.950.

BOBO CHOSES is fully aware of the use and treatment that should be given to personal data. For that reason, one of its main objectives is the protection of the personal information provided by users of this website in accordance with the current Spanish legislation (Organic Law of Personal Data Protection (LOPD) 15/1999 of December 13, Royal Decree 1720/2007 of 21 December; Law Services Information Society and Electronic Commerce (LSSI) 34/2002 of July 11). In this sense, BOBO CHOSES has developed the following Privacy Policy in order to determine:

  1. The information that it will be requested and gathering by BOBO CHOSES when users use the website services;
  2. The reasons, treatment and purposes for which BOBO CHOSES requires such information;
  • The various security measures for its protection. BOBO CHOSES meets strict security procedures in order to safeguard the personal information of the users.

 

  1. Purpose and Personal Data Processing

 

BOBO CHOSES will use the personal users’ information with the purpose of providing the services offered in WIMAMP according to the dispositions of the Terms of Use of the WIMAMP COMMUNITY that you can access through the BOBO CHOSES´ website.

The term “Personal Data” as used in this Privacy Policy refers to information such as your name, birth date, email address, mailing address or telephone number that can be used to identify you.

BOBO CHOSES ensures compliance with the provisions of the Organic Law 15/1999, of 13 December, of Personal Data Protection (“LOPD”), and the Royal Decree 1720 /2007, of 21 December, which approves the regulations implementing the Organic Law 15/1999. For this reason, BOBO CHOSES has taken of technical and organizational measures to guarantee the security in its installations, systems and files.

BOBO CHOSES informs the user about the existence of a personal data file registered in the Spanish Data Protection Agency with the name “USERS” for the purposes of information and provision of the services offered in the Website, as well as advertising and promotional activities of BOBO CHOSES by any means of communication, as well as to allow a better browsing and navigations through the Website and exclusively managed under the responsibility of BOBO CHOSES, S.L.

 

  1. Information Collected

 When users decide to log in the website register and open a WIMAMP user account, BOBO CHOSES will require some information and an account password that will protect the user account from unauthorized access.

Such personal information will be provided by the user on a voluntary basis. In case of an underage, it will be also required a parental authorization. In case of divorced or separated parents, the parent’s authorization must be granted by the holder of the care and custody; it could be provided for any of them in case of shared care and custody.

In any case, the users will respond about the truthfulness of the data provided. BOBO CHOSES reserves the right to deny service to any user who has provided false information.

 

  1. Cookies

 BOBO CHOSES may collect and process information about your visit to this website, such as the pages you visit, the website you came from and some of the searches you perform. Such information is used by us to help improve the contents of the site and to compile aggregate statistics about individuals using our site for internal, market research purposes. In doing this, we may install “cookies” that collect the domain name of the user, your internet service provider, your operating system, and the date and time of access.

A “cookie” is a small piece of information which is sent to your browser and stored on your computer’s hard drive. Cookies do not damage your computer. You can set your browser to notify you when you receive a “cookie,” this will enable you to decide if you want to accept it or not. If you do not want us to install cookies, you can change the Cookies configuration of your browser. These adjustments are normally found in ‘options’ or ‘preferences’ in the menu of your browser.

However, we would like to inform you that if you do not accept the use of Cookies you may not be able to use all functionality of your browser software. We may obtain the services of outside parties to assist us in collecting and processing the information described in this Section.

 

  1. Right of access, rectification, cancellation and opposition.

BOBO CHOSES takes reasonable steps to ensure that your Personal Data is kept accurate and up-to date for the purposes for which it were collected. We will provide you with the ability to object to the processing of your Personal Data if such processing is not reasonably required for a legitimate business purpose as described in this policy or our compliance with law.

These rights could be exercised by the users by sending an e-mail to hello@wimamp.co, or by sending a letter to the address C/Jaume Balmes 14, 08301 Mataró (Barcelona), Spain.. Such communication should include the concrete petition plus the user ID for identification purposes.

 

  1. Safety measures.

 BOBO CHOSES ensures the security and confidentiality of Personal Data that we collect online, we use data networks protected, inter alia, by industry standard firewall and password protection. In the course of handling your Personal Data, we take measures reasonably designed to protect such information from loss, misuse, unauthorized access, disclosure, alteration or destruction

 

  1. Modifications

 BOBO CHOSES reserves the right to change the terms of the present Privacy Policy without prior notice. An updated version will be available on the website permanently. The use of the services and / or simple access to the website will signify your acceptance of any changes.

BOBO CHOSES recommended to regularly consult the privacy policy and its modifications.

 

  1. Link to other sites

 This Privacy Policy applies only to this Website, and not to websites owned by third parties. We may provide links to other websites which we believe may be of interest to our visitors.

We aim to ensure that such websites are of the highest standard. However, due to the nature of the internet, we cannot guarantee the privacy standards of websites to which we link or be responsible for the contents of sites other than this one, and this Privacy Policy is not intended to be applicable to any linked, non-BOBO CHOSES site.

 

  1. Null and void clauses

 In case of nullity or inefficiency which may be declared about the content, partial or total, of the present Terms of use and Privacy Policy, it will only affect the provision or part thereof affected, which shall be deemed as not inserted, the rest of the content being kept, except if it is essential for the present Terms of use and Privacy Policy.

  1. Applicable Law

These Terms of use and Privacy Policy shall be governed by and construed in accordance with the current Spanish legislation.

Any dispute or controversy arising out of the existence, access, use or content of these Terms of use and Privacy Policy, shall be submitted to the jurisdiction and exclusive competence of the courts and tribunals of Barcelona.