Caribu Website Terms and Conditions

Welcome to caribu.com. By choosing to browse and use this website you are agreeing to comply with, and be bound by, the following Terms and Conditions of use, which together with our Privacy Policy and Caribu Terms and Conditions, govern Caribu Inc.’s relationship with you in relation to this website. The term “Caribu” or “us” or “we” refers to the owner of the website and the owner’s officers, affiliates, employees, directors, or agents. The term “you” refers to the User or viewer of our website.

The use of this website is subject to the following terms of use:

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable in any way. It shall be your own responsibility to ensure that any products, Services or information available through this website meet your specific requirements and are used appropriately.
  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms and Conditions.
  • All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
  • Unauthorized use of this website may give to a claim for damages and/or be a criminal offense.
  • From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s) nor liability for any provided content.
  • Your use of this website and any dispute arising out of such use of the website is subject to the laws of the United States of America.
  • Please see our privacy policy for information on how we use any Data collected on this site.

Caribu Privacy Policy

  1. Scope of this Privacy Policy

    This privacy policy explains how we at Caribu collect, use, or store any information that we collect from Users of the Caribu website and application. Use of Caribu is also subject to Caribu Terms and Conditions.

  2. Information collected

    User information:
    Caribu collects the name, email, profile picture and location of the account administrator who sets up the Caribu account. We use this information to facilitate the adding of Contacts, ownership of books and to improve our overall business activities.

    Caribu does not collect any personal information from Children under 13 years of age.

    Caribu collects usage statistics to help us improve our application. These usage metrics are important for the development and improvement of both new and existing features, and help us improve. Caribu will also collect email addresses submitted through the newsletter signup box, but we won’t misuse or sell these emails to any other parties.

    What happens to the information you send using the Contact form:
    Any email that is submitted through the newsletter signup box will be stored. We will occasionally send out information and newsletters to all email addresses collected. You have the right to request to be taken off the newsletter list at any time.

    Google analytics and Mixpanel are used to collect visitor statistics:
    Google Analytics and Mixpanel are analytics tools that helps website and application owners understand how visitors engage with their website and applications. Google Analytics and Mixpanel customers can view a variety of usage reports about how visitors interact with their website so they can improve it. Google Analytics and Mixpanel collect information anonymously, so no personal information is included. It reports website trends without identifying individual visitors. Please see the full Google Analytics and Mixpanel privacy policy for details.

    No other companies collect Data through this website:
    We do not allow advertising companies or any other companies to collect Data through this website. The only exception is anonymous visitor Data that is collected by Google Analytics and Mixpanel (see above).

  3. How we use the information collected

    All personal data is stored securely in accordance with the EU General Data Protection Regulation (Regulation (EU) 2016/679) (GDPR). Under GDPR we will ensure that your personal data is processed lawfully, fairly, and transparently, without adversely affecting your rights.
    We use the information that we collect from Users to understand website and application User trends. Additionally, we use the information in the following ways:

    • Personalized emails
    • In-app messaging
  4. Who we share information with

    Other than anonymous usage statistics gathered and reported for us by Google Analytics and Mixpanel, see Section 2 above, Caribu does not share User information with anyone outside of the company.

  5. Other privacy and security information

    In-app advertising:
    Caribu contains advertisements for both licensed and proprietary content that is sold in the Caribu bookshop. The advertisements aim to bring awareness to new books available to buy within the application. These recommendations may be based on books previously read or the reading-level. We do not allow behavioral based advertisements within the application.

    Push notifications:
    Caribu will occasionally send out push notifications for new content, updates, incoming calls, and other relevant information.

    Social media:
    Caribu utilizes a Facebook login mechanism to make signing up and logging in as simple as possible. Links to post on Twitter and Facebook are located only in the parent-gated settings panel.

    No links:
    Caribu does not contain any links to other apps or the web.

    Children’s Privacy:
    We recognize and value the importance of protecting the security of Children’s information, so we take steps to avoid gathering any personal information from Children. We also encourage parents to be actively involved in their child’s use of any technology.

    Updates:
    We reserve the right to update and amend this privacy policy without notice. We will post any privacy policy changes on this page. We will also keep prior versions of this Privacy Policy in an archive for your review. This privacy policy was last updated in January of 2018.

  6. Contact us for more information

    Please do not hesitate to Contact us with any questions related to privacy. We strive to provide the best possible service and the best possible experience for our customers. Contact us at: hello@caribu.com

Caribu Terms and Conditions

Caribu Application:

Any User of the Caribu Application agrees to respect the intellectual property of Caribu, and comply with these Terms and Conditions of use. Users undertake not to perform an activity that competes with Caribu and accept that Caribu may interrupt, suspend or change the Services accessible on the Application at any time.

I – Introduction

  1. Definitions

    Caribu Inc. is the provider of the Caribu, a Children’s reading and video calling application for touchscreen tablets and other devices (the Application).

    The company Caribu Inc. is registered with Delaware (Caribu). Caribu can be Contacted through email at: hello@caribu.com.

    Within these Terms and Conditions, the following definitions apply:

    • “Person in Charge”: The account holder or adult person created an account with Services.
    • “Child” / “Children”: any minor child making use of the Services through any account.
    • “Contact”: any person in the Contacts screen of Caribu. These are individuals that have been connected to the account of the Person in Charge and can therefore be called through Caribu by themselves and their child.
    • “Users”: any Person in Charge, any Children, and any Contacts using the application in any capacity.
    • “Services”: the ability for Users to access the Caribu application, use Caribu to video call, read and interact with each other.
    • “Data”: any information or images obtained from a User of Caribu.
  2. Application of the Terms and Conditions

    By registering for the Services, the Persons in Charge agree to be bound by all of the Terms and Conditions, which they confirm having fully read and understood. The Persons in Charge shall ensure respect of the Terms and Conditions by the Children and Contacts and shall be responsible for this.

    In the event of the adaptation, amendment or a new version of the present Terms and Conditions, the Users shall be advised of changes via email or within the Application messaging and must confirm their acceptance of the new text before being able to use the Services. If a User refuses to accept the Terms and Conditions, he or she may not or may no longer make use of the Services for as long as they are not accepted.

    The new Terms and Conditions shall apply by default until acceptance or rejection of them.

II – Permitted Use of Caribu and Caribu Services

  1. Downloading the Application

    Prior to any registration, the Person in Charge must download the Application.
    The Application is available to be downloaded through the Apple Store and Google Play Store to a handheld, tablet, or mobile device (hereinafter the Device). It is only possible to install a single Application per Device.

  2. Registration of the Person in Charge

    Once the Application is installed on the Device, any person who wants to use the Services of Caribu must register and create a Profile containing his personal Data. Registration of the Person in Charge is an essential prerequisite.

    In order to register, the Person in Charge must give an email address, date of birth and a password enabling the creation of an account after activation and acceptance of the Terms and Conditions.

    Personal Data in relation to the Person in Charge are processed in accordance with Article 14 of this document. Such Data are strictly personal and non-transferable.

    The Person in Charge guarantees that they are of majority age and that their identification details are correct. They also guarantee that the provisions of the present Terms and Conditions are compatible with any and all laws and statutes that apply to them, and that they may freely accept the Terms and Conditions.

    An email is sent by Caribu to the address indicated by the Person in Charge in order to confirm the registration. The Person in Charge may then access their Profile via the Application

  3. Password of the Person in Charge

    The Person in Charge chooses a specific password to access their Profile on Caribu. The password of the Person in Charge is strictly personal, confidential and non-transferable. It may not be divulged to or shared with third parties.

    The Person in Charge alone is responsible for the confidentiality of the password and releases Caribu from any responsibility in this respect. The Person in Charge undertakes to change the password from time to time and if it is suspected that his confidentiality has been compromised.

  4. Profile options for the Person in Charge

    • Changing the name of the Person in Charge.
    • Changing the email of the Person in Charge.
    • Changing the password of the Person in Charge.
    • Adding or removing a Contact.
    • Seeing their notifications and approving friend requests.
  5. Creation of the list of Contacts

    Once registered, only the Person in Charge can add Contacts.

    Contacts are added to the address book after acceptance from the Contact or of an invitation from the Person in Charge.

    The invitation is sent either directly to the Contact’s email address or via a search of existing Persons in Charge accessible in the Application. That search in the Application enables the names of Persons in Charge searched to be displayed.

    The address book is saved on the Caribu servers.

    Persons in Charge agree to their name and their visual identification being provided under their own name when they are searched by another Person in Charge for the purposes of adding Contacts.

    Persons in Charge agree to allowing Caribu to send an email to the email address of Contacts that are not currently registered on Caribu, if they click send invite.

    The Contacts must download the Application and have access to the internet to use the Services.

    The Contact confirms their identity and agrees to be among the Person in Charge’s Contacts.

    The Contact must also confirm his acceptance of the present Terms and Conditions in order to be registered.

  6. Addition of photographs

    Contacts are identified in the address book in the Application with a photograph or other image identifying them. The Contact authorizes this use of this image and any other image later uploaded or provided by them, and of the photograph they chose at the time of registration.

    The Contact and the Person in Charge may later select another photograph or image

  7. Parental gate

    The Person in Charge is asked to enter their date of birth whenever they wish to access a restricted area of the application. This is to prevent Children who are using the Services to access the restricted area.

  8. In-App Purchases

    On iOS, Caribu offers in-app purchases of new content. Purchases are made through Apple’s in app purchase system and therefore require a password to be entered before purchase. On Android, Caribu offers in-app purchases of new content. Purchases are made through Google Play Store’s in app purchase system and therefore require a password to be entered before purchase.

    Subscription:

    • Your subscription is shared during a call so you can read any book.
    • • Includes a limited free trial for most plans. The plans start at $6.99/ month with major discounts when you subscribe to the annual plan. Plans fees are subject to change
    • Prices may be changed at any time without further notice. We reserve the right to change our product’s prices at any time without further notice. However, if you have ordered but not yet paid for a product, we guarantee the price for one month from when the order was placed.
    • Prices listed in any other websites may not be accepted. We may sell our products through a number of different online and television channels and we cannot always control when they are updated. We reserve the right not to accept a price listed on a site other than our own.
    • Payment will be charged to iTunes or Google Play Account at confirmation of purchase
    • Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period
    • Account will be charged for renewal within 24-hours prior to the end of the current period
    • The user may manage subscriptions & may turn off auto-renewal by going to Settings after purchase
    • Cancel at least 24 hours before the current biling period ends to avoid renewal charges.

III – Sending Messages and Options

  1. Video Calling

    Persons in Charge may video call their Contacts while reading books that either they or the Contact owns.

  2. Fee-based options

    The Application can be used free of charge.
    However, certain additional options of the Application may be fee-based, at the discretion of Caribu Inc.

IV – Protection of User Data

  1. Processing of Data of a personal nature

    You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for your online posting of your Information for interaction with other Users.

    Caribu does not claim any ownership over your information, and Users maintain all proprietary ownership rights to the information they provide within the Application or Website. Information will only be used and stored as described in these Terms and Conditions and the Caribu Privacy Policy, and will not be used for any other purpose.

    For the entire duration of registration to the Services, Users undertake to inform Caribu of any changes to their own Data and to make the necessary modifications on the Application to keep the Profile up-to-date and accurate.

    The Data gathered by Caribu are intended to be processed by Caribu who may collect them, manage them, use them, communicate them, store them, integrate them in its own database and process them automatically for the purpose of operating the application and providing the Services. Caribu may use these Data to identify and Contact the parties, manage the clientele, integrate the Data in databases to facilitate the processing and integrate video calling and book reading.

    The Data are subject to computer processing. They are only provided to third parties with the prior express authorization of the person concerned and in accordance with these Terms and Conditions and the Caribu Privacy Policy.

    Caribu reserves the right to exploit these Data anonymously, in particular for the purpose of studies, statistics and analysis and the publication of these last-mentioned.

  2. Obligation of the Contacts

    Without prejudice to the legal provisions, Users with access to Data of a personal nature undertake to respect the confidentiality of these Data, and not to exploit them in a way that is incompatible with the purpose of the Service as described in these Terms and Conditions or without the authorization of the Users concerned. This usage is under the sole and entire responsibility of the Users, who release Caribu in this respect.

  3. Access, rectification and deletion of Data of a personal nature

    The parties have a right to delete and rectify the Data concerning them, using the edit or delete option of their Profile or by sending an electronic mail to help@caribu.com.
    The deletion of part of the compulsory Data of the Profile is equivalent to deregistration.

  4. Technical protection of Data of a personal nature

    Caribu archives Data in a secure environment, which is only accessible with a Username and password. The employees and agents of Caribu with access to the Data are bound by a contractual confidentiality obligation with respect to the personal Data. Caribu uses a secure Internet and intranet connection. Data are not encrypted.

  5. Conservation of Data of a personal nature

    After termination or deregistration of Users, Caribu may, at its entire discretion, keep the Data submitted regarding the registration to the Services for twelve additional months, for reports, verifications or consultations.

    Once the personal Data have been deleted, Caribu only keeps summary anonymous Data for statistical purposes

V – Deregistration

  1. Deregistration conditions

    The Contacts may deregister their Caribu account at any time and the Persons in Charge may, at any time, deregister or terminate their account, free of charge and without compensation, by using the Application. If a Contact does not have the Application, he must ask Caribu for deregistration at the address help@Caribu.com. Purchases of unused options are not reimbursed.

    Deregistration by email may take a few days.

    The deletion of the Application from the Devices does not result in deregistration from the Services.

VI – Responsibilities

  1. Obligations and responsibilities of the Parties

    With regard to the use of the Service and the consultation of the Site, the Contacts undertake, in a general way, to respect the applicable laws and the present Terms and Conditions and not to infringe the rights of third parties.

    Consequently, without prejudice to the other provisions of these presents, each Contact undertakes without reservation:

    • Not to use the Application for commercial purposes (prospecting, etc.).
    • To only provide information that is accurate and correct and to regularly update it.
    • To only divulge personal information that shall not harm any person’s rights and are not prejudicial to any User..
    • To only provide information and Data that they are empowered and authorized to disclose and use in relation to the Services.
    • Not to divulge any password to a third party.
    • Not to communicate or distribute, in any form or nature whatsoever, content that infringes the rights of third parties or which is of a defamatory, injurious, threatening, obscene, offensive, hateful or violent nature, or which incites violence, or is of a political, racist, xenophobic, vulgar or pornographic nature, or any content which in general does not correspond to the Services of Caribu or which would be inappropriate for Children and families.
    • Not to communicate content that constitutes a breach of any criminal law, including child pornography, pedophilia, debauchery, racism, xenophobia, advertising for offers of Services of a sexual nature, the sale of narcotics or other elicit substances, etc.
    • Not to communicate content that infringes the intellectual property rights of third parties or other rights and interests of third parties.
    • To display moderation and ethics in all communications sent through the Application.
    • Not to make publicity or commercial communications, or which promote any goods or Services whatsoever.
    • Not to advertise or send unrelated messages, “spam”, to other Users of the Services.
    • Not to promote sites, that directly compete with Caribu.
    • To behave faithfully towards Caribu and its Users.
    • Not to reduce, disorganize or prevent the normal use of the Site Services, in particular by interrupting and/or slowing down access to the Application or the circulation of information by means such as viruses, mass sending, “deep link”, “page scrape”, “robot”, “spider” or any other means, program, method, algorithm, that could interfere with the operation of the Site.
    • Not to adopt any other improper or illegal attitude or action that is contrary to accepted standards of behavior, public policy, or the good management of the Application or which is able to harm the rights of third parties.

    In the event of the non-observance of the principles set out above, or the Terms and Conditions, Caribu reserves the right to immediately deactivate and terminate the account of any User responsible, to prohibit subsequent access to and registration on the Application, and to claim payment of all compensation in order to compensate for the damage suffered by Caribu caused by or related to the non-observance of these provisions.

  2. Responsibility of Caribu

    Caribu expressly declines all responsibility in the event of the non-observance of the obligations of the Users or in the event of damage caused by them. If applicable, the User at fault or responsible shall indemnify Caribu against any claims by third parties or any judgement pronounced against it.

    Caribu is not responsible either for the erroneous nature of certain Data provided by Users in relation to their registration.

    Caribu has no general surveillance obligation regarding the information that it sends or stores, nor any general obligation to actively search for the facts or circumstances revealing illicit activities.

    In the event of the communication of illicit content on the Application, Caribu may only be held responsible if it had actual knowledge of the illicit activity or information, and if it has not responded promptly, as of the time of it knowing of all details required to withdraw the illicit information or to make access to it impossible.

    Caribu may be asked to give the competent judicial authorities information enabling them to identify the Contacts in the event of illicit activities being performed from the Application, with observance of the applicable procedures.

    Caribu does not guarantee that the Services shall be accessible if the Internet service provider of the Contacts or the Child is at fault. Caribu is not responsible for the lack of operation, impossibility of access, or poor conditions of Devices imputable to unsuitable equipment, malfunctions due to the service provider of the Contacts or the Child, congestion on the Internet network, malfunctions of the host and service provider of Caribu, or for any other reason not arising exclusively from a fault directly attributable to Caribu. Caribu declines all responsibility in the event of the loss of Data due to the poor operation of the Site or the Application.

    Caribu may temporarily interrupt access to the Site or the Services for maintenance, updates, technical improvements or development of the content or its presentation.

    Caribu may include links on the Site or in the Application to other websites or other Internet sources. However, Caribu is not able to verify or check these external sources and may not be held responsible for the provision of these sites or sources, or their content, advertisements, products or Services offered. Users consult them at their risk and under their own responsibility.

    Equally, Caribu does not guarantee the continuity of its Services.

    The Parties release Caribu from any responsibility in the event of any damage or harm whatsoever resulting to the non-observance of the obligations that they enter into by accepting the Terms and Conditions.

VII – General Provisions

  1. Intellectual property regarding the Application

    The interface, typography, logos, graphics, photographs, animations, icons, sounds, videos, characters, texts, etc., of the Application are the exclusive intellectual property of Caribu or its partners, and may not be reproduced, used or represented without its prior written consent. The same goes for the Caribu database and its content, and for the source codes of and the Application, as well as for any software enabling the operation of the Application.

    The right to use these elements, granted to the Users, is limited to the access to the Services, downloading and printing Messages and reproduction of these on all supports for private usage, only for the purpose of using the Services.

    Except in the cases expressly provided by the Terms and Conditions, the Users are prohibited from modifying, copying, reproducing, downloading, distributing, transmitting, decompiling or compiling, commercially exploiting or distributing, in whatever form, the pages or parts of pages of the Site or the Application or the computer codes of the underlying elements.

    Caribu and its logo are registered trademarks of Caribu Inc.

  2. Image rights

    The Persons in Charge agree to the photographs they select as profile pictures to be saved on the computer server of Caribu. They indemnify Caribu against any claims related to the use and storage of these photographs.

  3. Compatibility with the rules of COPPA (Children’s Online Privacy Protection Act

    The Caribu system is compatible with the COPPA rules, as no personal information is collected directly from the Children. All of the Data is collected directly and only from the Persons in Charge, who guarantee that they exercise parental or legal guardian authority over the Child.

    The personal Data relating to the Children are not communicated to any third parties without the express consent of the Person in Charge in accordance with these Terms and Conditions, particularly in relation to Contact searches.

  4. Statistics

    Caribu is authorized to gather anonymous statistics related to the use of the Services by Users.

  5. Termination by Caribu

    Caribu may, without prior notice or indemnity, deactivate the account of a User in the event of the non-observance of the rules stated in the Terms and Conditions or in the event of fraud. The deactivation of the Profile is without prejudice to any legal action or claim for compensation that may be made by Caribu to safeguard its interests. This termination is equivalent to, and produces the same effects as a deregistration of the Party concerned.

    Application of the preceding paragraph shall not give rise to any indemnification of the User or any reimbursement of sums which may have been paid by the User.

  6. Final provisions

    These Terms and Conditions constitute a contract governing the relations between Caribu and the Users.

    If certain provisions of these Terms and Conditions are determined to be null and void, the other non-invalidated provisions shall continue to apply.

    Without prejudice to other provisions, Caribu may amend the Terms and Conditions at any time. The Users shall ensure they are always familiar with and have validated the latest version, which is accessible on the Site and in the Application.

    These Terms and Conditions are without prejudice to the application of the Terms and Conditions of the Apple Store and Google Play Store for downloading the Application and any fee-based options.

  7. Applicable law and competent jurisdiction

    These Terms and Conditions are subject to United States Law.

    In the event of disputes relating to these Terms and Conditions, the use of the Site, the Application or the Services, only the courts of the State of Delaware will have jurisdiction.

    The Data gathered by Caribu are intended to be processed by Caribu who may collect them, manage them, use them, communicate them, store them, integrate them in its own database and process them automatically for the purpose of operating the Application and providing the Services. Caribu may use these Data to identify and Contact the parties, manage the Users, integrate the Data in databases to facilitate the processing and integrate Messages.

    The Data are subject to computer processing. They are only provided to third parties with the prior express authorization of the person concerned.

    By accepting the present Terms and Conditions, the Parties authorize, without restriction, the transfer and storage of their Data.

    Caribu reserves the right to exploit these Data anonymously, in particular for the purpose of studies, statistics and analysis.

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