Terms and conditions of use – Ladybug Miraculous Penpals

Acceptance of the Terms of Use

These terms of use are entered into by and between you and CréaLettres SAS (“Company,” “we,” or “us“). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use“), govern your access to and use of https://www.miraculous-penpals.com, including any content, functionality and services offered on or through https://www.miraculous-penpals.com (the “Website“), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.miraculous-penpals.com/en/privacy-policy , incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are at least 18 years old.

IF YOU ARE UNDER 18 YEARS OF AGE, YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIAN READ AND AGREE TO THESE TERMS OF USE. YOU MAY NOT ACCESS THIS WEBSITE WITHOUT SUCH PARENT OR LEGAL GUARDIAN ACCEPTANCE.

WE COLLECT LIMITED INFORMATION REGARDING CHILDREN UNDER THE AGE OF 13 ONLY WITH THE CONSENT OF THE CHILD’S PARENT OR LEGAL GUARDIAN, WHICH CONSENT IS GIVEN BY CONTINUED USE OF THE WEBSITE AFTER READING THESE TERMS OF USE AND WHEN PLACING AN ORDER FOR OUR PRODUCTS. WE WILL NOT KNOWINGLY COLLECT INFORMATION FROM ANY CHILD UNDER THE AGE OF 13.

ARBITRATION NOTICE

YOU AGREE THAT DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY. SEE THE SECTION “ARBITRATION” BELOW.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to, or use of, your user name or password or any other breach of security.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Ordering Products

Products. The products consist of role-playing stories aimed primarily at an audience of children. The game consists mainly of becoming the central character of an interactive adventure, by exchanges of personalized correspondences with a professional correspondent hired by us. The story will immerse the child in a universe that will stimulate his or her desire to read, write, and engage in creative activities. The various stories are available to different age groups, for children as young a five (5) years old. The premise of each story, or game, is described on the Website.

Subscriptions. The products are offered through this Website as a one-time or multi-period subscription service (the “Subscription“) to a game or story aimed primarily at children. The process to order a Subscription via the Website:

• Choose a Subscription plan

• Provide delivery details and billing data

• Confirm that you have read and agree to these Terms of Use and our Privacy Policy

• Create your client account

• Confirm your order and an order summary is generated

• Online payment

• Select a story and finalize the personalization of the story

An order confirmation will be sent to the email you provided. You are solely responsible for the accuracy of the email address and other information that you provide.

You may also choose to obtain an account activation code, that you can pass on to a person of your choice to complete the registration process.

Once a Subscription is confirmed and you will be able to activate a story by answering some initial customization questions. We will send a first letter to the child receiving the Subscription, who will read and respond to it. Receiving the child’s response, either by mail or the authorized adult’s email, will trigger the next mail for the duration of the chosen Subscription. The correspondence between the child and our writers through the characters of the story will take shape and will be personalized according to the child’s answers.

You may ask for the Subscription to end by logging onto your account and requesting that the subscription ends by clicking on “My Subscriptions” and “Suspend my subscription”, or by emailing us.

Rates. Subscriptions are provided at the prices in effect on the day of order and communicated to you prior to finalizing your order. Prices are expressed in U.S. dollars, excluding sales tax, if applicable, and shipping costs, which are shown on the order summary.

Payment. Payment is payable in full at the time of order using the secure payment method offered. However, for certain Subscription plans, you may spread payment over three months, with one-third of the total due each month. Failure to make any monthly payment will cause an automatic suspension of the Subscription, which Subscription will be terminated automatically after 15 days of non-payment with no further liability or obligation on the part of the Company. You authorize us to charge your payment method when any payment is due. We reserve the right to retry billing your payment method if such method is rejected or has expired. We may update your payment method with information provided by the applicable payment service provider and you authorize us to continue to charge amounts due to the updated payment method.

Automatic Renewal. Certain Subscription plans will include an automatic renewal at the end of the term. You will be notified at least one (1) month before the end of the term and may choose to opt-out of such automatic renewal. In addition, you may log into your client account and stop the automatic renewal option.

Delivery. You may indicate a preferred date to start the Subscription and we will use commercially reasonable efforts to meet that date, but there can be no guarantee that such date will be possible. If no date is specified, we usually mail the first story to the recipient within 10 business days of your order and the completion of any information needed to personalize the story for the recipient. Receipt is generally around 21 days from shipment, subject to delays outside of our control such as strikes, delays in mail or logistics, weather delays, and all types of force majeure events. If we do not mail the story within 30 days of your order, we will notify you by email and you may choose to terminate the order and receive a refund of the price paid (excluding taxes).

Defective or Damaged Products. If for any reason, a product is delivered and found to be defective or damaged, you must immediately contact us and provide us information concerning the defect or damage (including photos of the product) and other information as we may reasonably request. We may refund or replace the product in our sole discretion. No products may be returned without our prior written authorization.

No Cancellations. Except as set forth in these Terms of Use, you may not cancel an order once placed and the order confirmation received. The stories are personalized for the recipient based on the information you provide and the letters received. Our product is uniquely intended to take into account the expectations, questions, activities or events of the recipient.

Client Accounts.

As part of ordering our products, you will be asked to create an account and to choose a user name and password. You are responsible for all activities on your account or when using the Website when a user is logged in under your username and password. You agree to:

• be responsible for remembering your username and password and not sharing such username or password with anyone

• immediately notify us of any unauthorized use of your account, your username and password, or any other breach of security

• ensure that you log out of the Website at the end of each session.

We will not be liable for any loss or damage arising from your failure to comply with this section. You may be issued a new password or be required to change your password from time to time. Your username and password combination may only be used by you and is not transferable to other users.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), and all products, services and content displayed, performed or purchased and sold through the Website (collectively, the “Intellectual Property“), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Intellectual Property for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

• You may store files that are automatically cached by your Web browser for display enhancement purposes.

You must not:

• Make copies of the Intellectual Property.

• Delete or alter any copyright, trademark or other proprietary rights notices from any Intellectual Property.

• Access or use for any commercial purposes any part of the Website or any Intellectual Property.

If you print, copy, modify, download or otherwise use Intellectual Property or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any Intellectual Property is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The Company name, the terms “Epopia”, “Miraculous Penpals”, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable federal, state, local or international law or regulation.

• To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on this Website.

• Send emails or other communications with certain content, or links to certain content, on this Website.

• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.

• Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.

• Link to any part of the Website other than the homepage.

• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

Geographic Restrictions

The owner of the Website is based in France. We provide the English language version of this Website for use only by persons located in the United States and Canada. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States and Canada. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with local laws.

Electronic Communications

You agree that all communications and notifications between you and us may take place electronically and that all such electronic notices, agreements, and communications from us are the legal equivalent of written communications. We may provide notifications for any purpose by the means we determine in our sole discretion, including by email notice, written notice, or through conspicuous posting on the Website.

Contract Language.

These Terms of Use are expressed in English and the English version prevails over any translation hereof.

Disclaimer of Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY CONTENT ON THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website or our products.

Governing Law

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California, USA, without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Arbitration

YOU AND CREALETTRES SAS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO THE WEBSITE, OR THESE TERMS OF USE WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association (“AAA“) under its Commercial Arbitration Rules and Mediation Procedures (“Commercial Rules“) before one (1) arbitrator. The place of arbitration shall be the County of Alameda, California. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, the Privacy Policy and any other published policies constitute the sole and entire agreement between you and CréaLettres SAS with respect to the Website and our products and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website and our products. You may not assign or transfer this agreement, by operation of law or otherwise, without our prior written consent. We may freely assign or transfer this agreement. This agreement is binding on the parties, their successors and assigns.

Your Comments and Concerns

This Website is operated by CréaLettres SAS, 13 rue Victor Schoelcher, 67300 Schiltigheim, France.

All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: penpals@epopia.com