You may read or print these legal conditions, which we ask you to read carefully
2.4. Obligations of Website Users
2.5. Content submitted by parents, guardians or legal representatives of underage users of MotionKIDS-TV.com
2.6. Exclusion from guarantees and liability
2.7. Links to other pages
2.8. Applicable legislation and jurisdiction
5.1. Right to information
5.3. Regulations on minors
5.4. Compulsory or facultative nature of information provided by the user and veracity of information
5.5. Consent of mother/father, guardian or legal representative of a minor
5.6. Electronic communication
5.8. Cookies and IPs
5.9. Rights to access, correct, challenge and withdraw information
5.10 Modification of the present Data Protection Policy
5.11 Applicable legislation
Motion Pictures Distribution, S.L.
Owner of the website: motionKIDS-TV.com
Reina Victoria 8, 08021 Barcelona, Spain
Tel. + 34 93 200 2500 – Fax.+ 34 93 200 4061
Spanish Tax Identity No. : ESB65441362
Registered in the Mercantile Register of Barcelona, Vol. 42216, Folio 218, Sheet B-404404.
Registration date 02/10/2010
MOTION PICTURES DISTRIBUTION, S.L. (hereinafter referred to as MOTION) makes the Website -www.motionKIDS-TV.com- and videogame (hereinafter referred to as the “Website”), which are aimed at children under the supervision and acceptance of parents/guardians.
The present General Conditions of Use regulate the access and use of the Website which Motion Pictures Distribution, S.L. makes available to Internet users who are interested in its services and content (hereinafter referred to as the Users).
By using this Website, the User fully accepts the legal conditions published on the Website at the time that the User accesses. Moreover, MOTION hereby notifies the Users of this Website that these legal conditions can be modified without prior notice.
Therefore, the User must read them carefully each time that they use the Website, as they may undergo modifications.
The use of certain functions available to Website Users may be subject to certain conditions which, dependent on the situation, complete and/or modify the present General Conditions of Use. Therefore, before using these functions, the User must also read carefully and accept the corresponding specific conditions.
The User may access, print, download and save the present General Conditions of Use at any time. These Conditions will be permanently accessible on the Website through the “terms and Conditions” link.
Moreover, MOTION reserves the right to modify the design, presentation and/or configuration of the Website, as well as some or all of the services, and to add new services without prior notice.
In any case, MOTION reserves the right to deny access to this Website to users who do not respect any of the applicable general or specific conditions, without prior warning.
The purpose of this website is to create a user community aimed at all cartoons lovers and in particular, fan of the animated television series and films, property of Motion Pictures Distribution, S.L. – MotionKIDS-TV.com’s mission is to provide to kids a safe, entertained and funny Website.
In this respect, Motion Pictures Distribution, S.L. makes this Website available to Internet users –www.motionKIDS-TV.com-.
In order to make use of the services that MOTION offers to registered users, users must first confirm their details through the e-mail that MOTION sends them.
Minors must have the supervision and help of a parent or guardian to carry out the registration and account verification for being able to access MotionKIDS-TV.com.
MOTION will only provide data and/or information provided by the User to other users when this data and/or information are not in violation of legal provisions or the present General Conditions of Use.
The User acknowledges that it is technically impossible to make the MotionKIDS-TV.com Website available all the time. However, MOTION will try to ensure that the Website is available as constantly as possible. Especially for maintenance, security or capacity purposes, as well as due to factors over which MOTION has no control (for example, problems with public communication networks, power cuts, etc.), there may be temporary problems or suspension of the Website services.
MotionKIDS-TV.com is aimed at users from different countries and the language used will be that of the country at which the Website is aimed.
However, for general purposes, the prevailing language will be Spanish.
The User undertakes to use the Website and the services available through them diligently, respecting the Law, morals and the present General Conditions of Use and, when applicable, specific conditions, as well as treating other users with due respect.
The use of this Website for any other purpose is expressly prohibited.
The User undertakes to respect applicable laws and the rights of others when using the content and the services of the Website. Likewise, the reproduction, distribution, transmission, adaptation or modification, by any means or in any way, of the content of the Website (text, designs, graphics, information, databases, sound and/or image files, logos, etc.) and any other aspects of this Website is prohibited, except with prior authorization from the legitimate owners or when this is allowed by law.
In particular, users are prohibited to: use libelous or slanderous content, irrespective of whether this content concerns other users or other people or companies; use pornographic content or content which violates laws concerning the protection of minors, or publicize, offer or distribute pornographic products or products which violate laws concerning the protection of minors; harass other users (especially through spam); use legally protected content (e.g. by legislation concerning intellectual property, brands, patents, utility models or aesthetic models) without having the right to do so; or publicize, offer or distribute legally protected goods or services, as well as carry out or encourage actions which are against the principle of free competition, including with regards to progressive systems for finding clients (like chain systems, snowballs or pyramids).
Users are prohibited from doing the following:
*Using tools, software or scripts in relation to use of the Website.
*Blocking, overwriting, modifying or copying, unless this is necessary for correct usage of the Website services. For example, copying through web crawler technology such as “Robot/Crawler” is not necessary for the correct use of the Website services and therefore is expressly prohibited.
*Public distribution and reproduction of the content of the Website or other users, without prior authorization.
*Any action which would damage the functionality of the MotionKIDS-TV.com infrastructure, especially overloading it.
* Using any of the material or information contained on the Website for illegal purposes or purposes which are expressly prohibited by the present General Conditions of Use, as well as by the specific conditions, if applicable, which would be contrary to the rights and interests of MOTION, its members and/or third parties; non-compliant users shall be answerable to the above in the event of violation or non-fulfillment of these obligations and/or, which, in any way (including the introduction or spreading of viruses) damages, renders useless, overloads, deteriorates or prevents normal use of the materials and information contained on the Website, the IT systems or documents, files and any stored content (hacking) belonging to MOTION, its members or any user.
In general, certain services do not require the user to be signed up or registered beforehand. However, some MotionKIDS-TV.com services can only be used on the condition that the corresponding User registration has been completed, selecting a username and password which the User undertakes to keep safe and to use with due diligence.
The use of a password is personal and non-transferable to third parties, therefore disclosure of password, even temporarily, is not allowed. In this respect, the User must take the necessary measures to keep the password they have chosen safe, avoiding its use by third parties. Therefore, the User is solely responsible for the use of their MotionKIDS-TV.com password and shall be fully liable. In the event that the User knows or suspects that third parties are using their password, they should notify MOTION as soon as possible.
The aforementioned registration will be carried out as expressly indicated by the service in question.
All information provided by the User to MOTION must be truthful. To this end, the User guarantees the authenticity of all data provided when filling in the necessary forms for the use of services.
Likewise, it shall be the User’s responsibility to keep all information provided to MOTION up-to-date at all times in order that it reflects the User’s real circumstances. In any case, the User shall be solely responsible for false or inaccurate statements made and the damages caused thereby to MOTION or to third parties.
In accordance with MOTION’s anti-spam policy, the User undertakes to refrain from using and collecting data based on data from other users that can be accessed via the Website information and services for promotional or advertising purposes, as well as for sending unsolicited commercial correspondence, of any type and by any means, without having obtained the prior consent of MOTION and/or the parties concerned.
The User is aware, and willingly accepts, that they are solely and exclusively liable for use of the service, under any circumstances.
The User will answer for any damages of any nature suffered by MOTION as a consequence of deliberate or culpable non-fulfillment of any of the obligations which the User is subject to under these General Conditions of Use or under the law concerning the Use of Services.
The parents, guardians or legal representatives of users under the legal age shall be responsible for misuse of MOTION’s services by their children, as well as damages caused to MOTION or to third parties.
By submitting content to the Website, the User declares themselves to be the legitimate owner of intellectual and industrial property rights for the content concerning the reproduction, distribution and public communication by any electronic means, principally Internet and e-mail, to everyone without any time limit.
However, the User can select which personal data from their account they want to be visible to other users, parents/guardians and third parties.
MOTION does not allow content which affects the quality of service to be submitted.
Submitting the following types of content is prohibited:
*Content which is presumed to be illegal under national, EU or international law or which deals with activities which are presumed to be illegal or which are in violation of the principles of good faith.
*Content which could damage the good name and reputation of MOTION and/or MotionKIDS-TV.com.
*Content which does not meet the quality standards established by MOTION.
*Content which is misleading, inefficient or which could cause harm to people.
*Content which supports or justifies racism, violence or hatred.
*Content which breaches fundamental human rights, seeks out users’ weaknesses, does not meet the network’s courtesy standards, bothers or elicits negative opinions amongst our users or third parties. More specifically, this includes but is not limited to: any of the legal rights of third parties; content which encourages or enables the creation, maintenance and supply of pornography, obscene materials or eroticism; content related to clairvoyance, tarot, occult sciences or any other related content; content related to political ideologies or religious beliefs and suchlike; and, in general, any content which MOTION considers to be inappropriate for users and, in particular, for minors.
* In general, any content which is in violation of the principles of legality, honor, liability, protection of human dignity, protection of minors, preservation of public order, privacy protection, consumer protection and protection of intellectual and industrial property rights.
MOTION shall be solely responsible for determining whether any of the above is the case, based on its good judgment and/or advice from third parties and/or institutions.
Any violation of this rule could result in the immediate cancellation of the User’s account and all content associated with it being destroyed, without the opportunity to recover it.
MOTION cannot control all content published; therefore, it cannot be held responsible for content.
In any case, content submitted and published is periodically reviewed to ensure the MOTION quality standards are met and the above rules respected.
Likewise, MOTION reserves the right to remove content which is considered to be inappropriate for its purposes from the Website.
If you notice any inappropriate content on the Website, please contact us through our Customer Service by the Website, in the section “MotionKIDS-TV Support”. Users are solely responsible for obtaining any type of authorization, permit or license necessary for the use and publication of any content.
Any user who submits content which violates current legislation shall be solely liable for damages and consequences resulting therefore, exempting MOTION from any liability.
Except under the circumstances expressly indicated in the Legal Conditions and other normative framework for the Website, MOTION shall not be held responsible for damages of any nature which are caused due to inaccurate, non-exhaustive or outdated information, as well as errors or omissions which affect the information and services contained on the Website or other content which can be accessed through it, nor does it have any duty or obligation to verify nor supervise its content and information.
Likewise, MOTION does not guarantee the availability, continuity or the infallibility of the Website services and therefore exempts itself, to the greatest extent possible under current legislation, from any liability for damages of any nature which are caused due to unavailability or discontinuation of the Website and the services provided by them, as well as by errors in accessing the various web pages or those from which the services are accessed.
MOTION is exempt from any liability for damages of any nature caused by the services provided by third parties through the Website as well as by the means that the latter use to manage services and, more specifically, including but not limited to: by acts of unfair competition and illegal publicity as a result of use of services by third parties through the Website, as well as by lack of veracity, accuracy, exhaustiveness, problems, defects, lack of relevance and/or currency of the content transmitted, broadcast, stored, received, obtained or made available or accessible through services provided by third parties through the Website.
The User is guaranteed the right to cancel their access to the Website in a simple and efficient manner and to stop receiving messages from them. MOTION cannot guarantee that other users who already have the user’s e-mail address through contact via the Website will not contact them again in the future.
MOTION content includes links to sites owned and/or managed by third parties in order to make access to information available on the Internet easier.
MOTION does not accept any liability for the links included amongst the content of the Website or content out of the Website or any other reference made by external content to the Website. The purpose of these links or references is solely informative and does not in any way imply support, approval, commercialization or any relationship between MOTION and the people or bodies concerned and/or the those responsible for the management of such content or the owners of the sites concerned.
The present Legal Conditions and the rest of the conditions for the Website shall be governed by Spanish legislation.
MOTION and the USER are subject to the jurisdiction of the Courts and Tribunals of Barcelona, and hereby expressly renounce any other jurisdiction to which they may be subject, regarding any issues which could arise or actions which could take place resulting from the use of MOTION services and content and regarding the interpretation, application, compliance or non-compliance of what is established in the present document.
The present General Conditions of Purchase regulate the conditions which regulate use of Paid Services on MOTION.
MOTION makes the use of the paid services/products specified on the MotionKIDS-TV.com that may be available to users through said Website.
With regards to services/products, Users who buy one of the services/products will satisfy the requirements of MOTION by filling in and sending the appropriate form for the purchase of services or products and by paying the amount indicated on the Website for each of the services/products.
The duration of paid services shall be as indicated for each of the services purchased on the Website.
In the event that the user, when contracting a service, selects the automatic renewal option on the form, when the duration of the paid service is over, it will update itself automatically and without notice for a period of equal length to the previous subscription provided that neither of the parties, the user or MOTION, notifies the other of their intention to cancel the contract with the length of notice indicated in the description of each of the paid services on the Website.
Users who wish to purchase any of the paid MOTION services or products can do so by filling in the corresponding form, using various different payment systems: payment by cell phone, PayPal and traditional payment, amongst others. The payment method depends on the service/product purchased, the country where the user is, as well as the price of the product/service.
MOTION does not undertake to refund any payment made by the user.
By submitting the form for the payment of services/products, the user thereby accepts the present General Conditions of Purchase of Paid Services as well as the rest of the Legal Conditions for the website.
MOTION shall not be liable under any circumstances, even in an indirect or subsidiary manner, for any issue relating to payment for services offered through the Website -www.motionKIDS-TV.com-, which is managed directly by the providers of MOTION.
At all times users must read and accept the legal conditions which are established on the website of the paid service provider.
Therefore, MOTION shall only be responsible for any issue relating to the provision of the purchased service or product.
Subscriptions to the Website shall become effective from the first day of the purchase of the product. Payments made by the user cannot be refunded, even if the product has not been used. Similarly, they are not transferable to other people.
Copyright © 2012 – MOTION PICTURES, S.A. – All rights reserved
All exploitation rights are reserved.
This Website is governed by Spanish laws and is protected by national and international intellectual and industrial property legislation.
The text, designs, images, databases, logos, structures, brands and other aspects of this Website is the property of MOTION or the third parties which have given MOTION the rights for their use within the industrial and intellectual property rights for the services provided through the Website. Likewise, these rights are protected by international laws and treaties on industrial and intellectual property. Any reproduction, transmission, adaptation, translation, modification, communication to the public or any other use of any or all of the content of the Website in any form or by any means, whether electronic, mechanical or other, are strictly prohibited, except with the prior written authorization of MOTION or the third parties who own the aforementioned rights. Any violation of these rights could result in the corresponding legal, extrajudicial or criminal proceedings.
The presence on the Website of any text, designs, images, databases, logos, structure, brand or other third party industrial property rights does not imply the granting of ownership of these to MOTION. The legitimacy of the industrial or intellectual property rights relating to the content contributed by Users is the sole liability of the latter.
In order to protect potential intellectual property rights, in the event that any User or third party believes that there has been a violation of their legitimate rights by certain content on the Website, they should notify Motion Pictures Distribution, S.L., in writing at Reina Victoria 8, 08021 Barcelona, Spain, stating:
– Personal data of the concerned owner of the rights which have allegedly been infringed. If the complaint is being made by a third party other than the rights owner, they should state on what authority they are acting.
– Statement of the content protected by intellectual property rights and its location on the Website.
– Proof of the existence, ownership and validity of said intellectual property rights.
– Express declaration in which the party concerned assumes responsibility for the veracity of the data and information provided in the abovementioned notification.
The present data protection policy regulates the access and use of the Website services, owned by Motion Pictures Distribution, S.L. (hereinafter referred to as “MOTION”): www.motionKIDS-TV.com (hereinafter referred to as “the Website”), which MOTION makes available to Internet users interested in its services and content (hereinafter referred to as the “Users”).
In accordance with the provisions of Organic Law 15/1999 of 13 December, on Personal Data Protection (hereinafter, LOPD), MOTION, as owner of the Website, informs users of the existence of personal data files created with the data provided by them. These files have been duly notified and registered at the General Registry of Data Protection of the Spanish Agency for Data Protection.
MOTION fully respects current personal data protection legislation and the corresponding confidentiality agreements.
If the user decides to register on the Website, www.motionKIDS-TV.com, information that is strictly necessary for the purposes of the Website, which is to create a safety and entertainment community for users, shall be requested.
For this purpose, users shall be required to complete a form, including personal data.
Data processing will take place solely for these purposes within the framework of established regulation.
In certain sections devoted to games and activities, MOTION requires the registration of the parents or guardians for minors may enjoy the contents. The agreement for the registration is therefore directed to the responsible adults and not children. MOTION encourages parents and guardians to supervise at all times the activity of the children as they navigate through the page. MOTION also warns users to keep their passwords and access keys out of reach of children.
MOTION may, however, apply at any time sending and signing a parental consent form properly completed and containing the authorization to use MOTION pages by a minor, when it deems appropriate.
If a user notices that a child has been in MOTION pages without the consent of a parent or guardian, shall immediately contact MOTION to proceed with the disposal of the profile and, where appropriate, to create a new one.
Users are solely responsible for maintaining the confidentiality and privacy of the name, password and account, as well as activities that relate to those accounts. In particular, the User agrees to provide sufficient safeguards to prevent unauthorized access of third parties consented to their accounts. Among others, the User agrees to properly exit from the account after surfing the website. Further, the User shall report immediately to MOTION for any fraudulent use of the name, password and account.
Information furnished by registered users through the forms provided on the Website www.motionKIDS-TV.com is collected by MOTION, based in Reina Victoria 8, Barcelona 08021 (Spain), in order to manage the products and services offered through this website and for sending commercial communications, advertising or promotional information from MOTION, its group companies or third parties.
MOTION respects the Self-Regulation Code established by the Spanish Internet Users Association in collaboration with the Spanish Ministry of Education and Culture, in which it declares its commitment to encouraging correct Internet usage and, in particular, to respect the framework of the Spanish Constitution, the relevant sector legislation, in particular Directive 95/46/EC of 24 October 1995 on the protection of individuals with regard to the processing of personal data and the free movement of such data, the Data Protection Act and the Regulations that the latter develops, and any agreements which could be adopted by Spain under the banner of the European Community and the International Community.
Consequently, it agrees to encourage, in the way and means that it deems appropriate, the dissemination of positive values, information, education and training over the Internet.
Likewise, it declares its commitment to avoiding illegal practices or the spread of messages or images which are illegal or which are susceptible to threats or which encourage threats against human dignity, security and the values of child and youth protection.
MOTION acknowledges, respects and protects the rights of minors, as regulated by the Spanish Constitution of 1978 in Articles 20.4 and 39.4, regarding youth and childhood protection at both national and international level.
MOTION undertakes to ensure compliance of the Article 4.3 of Organic Law 1/1996, of 15 January, on the Legal Protection of Minors regulates the personal data of minors under which “It is considered to be a violation against the right to honor, personal and family privacy and to the child’s image for their image or name to be used in the media in a way which could be damaging to their honor or reputation, or which is contrary to their interests, even if the consent of the minor of their legal representatives is given”.
Article 5.1 of the same law, when making reference to a minor’s right to information, establishes that minors have the right to search for, receive and use information which is appropriate for their development.
With regards to processing the personal information of minors and the free circulation of this information, Directive 95/46/EC of 24 October 1995 mentions in Article 17 that special attention and care must be exercised in relation to minors’ information and, in accordance with this Directive, MOTION complies with the principles of quality of information, legitimacy of data processing, data protection and the rights of the party concerned.
5.3.1 Type of personal information requested from the user
Information requested from user is strictly necessary in order to provide safe access to the MotionKIDS-TV.com Website. This will be:
– Personal information: e-mail address and the user’s age and sex.
– Information to configure their avatar: avatar and pseudonym.
Information will also be obtained in a passive manner, i.e. through cookies.
Information requested will be used to offer a better service to the user: for example, by personalizing their avatar and adapting the game to the child’s age. Furthermore, this information will also be used for internal marketing services and notification of the results of competitions. Only the parents linked to the child’s account will be able to see their child’s real details. Any friends that the child has in the game will only be able to see their name and avatar.
Fields marked as compulsory in the registration forms which are completed by the user are strictly necessary in order to process their request, while the inclusion of information in the other fields is optional.
The User guarantees that the personal data provided to MOTION are true and they are responsible for notifying MOTION of any changes thereto.
The User guarantees that all personal information provided is accurate and up-to-date so as to accurately reflect the user’s current situation. It corresponds to and is the obligation of the user to keep their information up-to-date at all times and the user and/or father/mother/guardian or legal representative of the minor is solely liable for inaccuracy or falsity of the information provided and any damages caused thereby to MOTION or to third parties through using the services offered by MOTION.
Sending personal data through MOTION’s electronic forms or, if applicable, e-mails indicates the express consent of the sender for the automated processing of data included in these forms of communication, functions and products related to the purpose of the MOTION Websites, as well as for sending electronic communications containing information related to MOTION and its initiatives.
Users who register state their awareness and therefore give their express consent for their data used to set up their account, such as a nickname, avatar and punctuation, being public and visible on the MOTION Website for registered users.
Filling out and sending any MOTION form indicates the user’s express consent for being sent a newsletter which includes news and information relating to the Website, as well as any electronic communications related to the childhood sector.
MOTION has established two means through which users who request it can opt out of this service in a simple and free manner.
In order to do so, the user must go into their private menu, select “My Data”, “Edit Account” and deactivate the electronic communication option. Likewise, they can opt out of this service by following the instructions found at the bottom of said electronic communications.
MOTION notifies users that it has adopted technical and organizational measures established by regulation, which guarantee the security of personal data and prevent them being altered, lost, processed or accessed without authorization, taking into account the technology, the nature of data stored and the risks to which they are exposed, in accordance with the provisions of Spanish Royal Decree 1720/2007 begin_of_the_skype_highlighting of 21 December, under which the development regulation of Organic Law 15/1999 of 13 December on personal data protection and other control procedures in order to ensure the security of information systems was approved.
MOTION does not spam and will only process data that the user sends through the Website and through the electronic forms enabled therein and in the videogames.
Processing of personal data, as well as sending commercial communications by electronic means, is done in accordance with Organic Law 15/1999 of 13 December on Personal Data Protection (Official State Gazette, 14 December 1999) and Law 34/2002, 11 July on Information Society and Electronic Commerce (Official State Gazette, 12 July 2002) and regulations relating thereto.
The user has the right to access this information, to correct it if the data is inaccurate or incomplete, to object to the processing of their data and to cancel MOTION’s services.
The user has the right to request and obtain information from their personal data undergoing processing and the origin of such data and communications made or are planning to do the same.
Motion Pictures Distribution, S.L.
Reina Victoria 8
Although the user is guaranteed the right to cancel MOTION’s services in a simple and effective manner and to stop receiving messages therefore, MOTION cannot guarantee that other users who already have the user’s e-mail address through contact via the site will not contact them again in the future.
MOTION reserves the right to modify the present policy to adapt it to future legislative or jurisprudential developments.
The present Data Protection Policy and the rest of the Legal Conditions for the Website are governed collectively and individually by Spanish Law.