Terms of Use

Last update: May 24, 2022

Application

1.     The website STUDIO-PANGO.COM (the "Site") are owned and operated by Studio Pango SAS("Studio Pango", "we," and "us"). Access and use of these Sites and related products, services and any community portal (the "Services") are provided by us to you on condition that you accept these terms of use, and by accessing or using any Site or the Services, you agree to these terms of use. If you do not agree to accept and abide by these terms of use, you should not access or use this Site or the Services. These terms of use apply to the Sites and PANGO KIDSTIME digital subscription programs.2.     These Terms govern the relationship between you, the Site visitor and/or member ("you") and Studio Pango with respect to your use of the Site and the Services. We reserve the right at any time to change: (i) the terms and conditions of these Terms of Use; (ii) the Site or the Services, including terminating, eliminating, supplementing, modifying, adding or discontinuing any content or feature or data or service on or available through the Site or the Services or the hours that they are available; (iii) any fees or charges, if any, related to the use of the Site or the Services; and (iv) the equipment, hardware or software required to use and access the Site or the Services.3.     Any changes we make to these Terms of Use will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on this Site. Your continued use of the Site or the Services after such notice will be deemed acceptance of such changes. Be sure to return to this Site periodically to ensure you are familiar with the most current version of these Terms of Use.4.     If you are a parent or guardian and you consent to your child's use of or registration with this site or the services, by providing such consent you are agreeing to be bound by these terms of use in respect of your child's use of the site and the services. 

Description of Programs

1.     Pango KidsTime is a digital subscription product that gives customers access to the Pango KidsTime digital app. This subscription is available on a monthly or annual auto- renewing subscription.2.     The following site is covered by these Terms: studio-pango.com. Any terms specific to certain sites or products have been outlined below.

Privacy

1.     Our Privacy Policy is an integrated part of these terms and can be accessed at: https://www.studio-pango.com/private-policy2.     For information on the processing of personal information collected online from children, please refer to our Privacy Policy: https://www.studio-pango.com/private-policy3.     Any third parties acting on behalf of Studio Pango are bound by the same rules and principles as Studio Pango. Terms and Conditions of Sale

Billing and Payments

1.     The price of the services and/or goods is payable in full before goods are delivered, and you will automatically be charged each month for your ongoing subscription. If you have committed to a subscription period lasting longer than one month (e.g., a twelve-month plan), you will automatically be charged for the full cost of that subscription on the day that you subscribe.2.     Unless you cancel your subscription or membership prior to the end of your current subscription period, at the end of that period your subscription will automatically be renewed for an additional subscription period of the same amount of time. This applies to both monthly and annual subscription programs.

Miscellaneous

1.     Availability: While we endeavor to keep downtime to a minimum, we can't promise that this Site or the Services will be uninterrupted, secure or error-free. We reserve the right to interrupt/suspend this Site or the Services, or any part thereof, with or without prior notice for any reason and you shall not be entitled to any refunds of fees for interruption of this Site or the Services.2.     Access to the Internet: You are solely responsible for obtaining and maintaining all internet, computer hardware and other equipment needed to access and use this Site and the Services and that you shall be solely responsible for all charges and fee related thereto.3.     Linked Websites: This Site or the Services may provide links to third party websites for your convenience only. The inclusion of these links does not imply that Studio Pango monitors or endorses these websites. Studio Pango does not accept any responsibility for such websites. Studio Pango shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third-party websites or linked resources.4.     Internet Software or Computer Viruses: Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Site or the Services. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from this Site or the Services. Studio Pango shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Site or the Services or your downloading of any of User Materials or other content from this Site. We recommend that you install appropriate anti-virus or other protective software.5.     Site, Services and Materials Provided "As Is". This site, the services and the content and other materials available therein ("materials") are provided "as is" without representation, warranty or condition of any kind, either express or implied, including, but not limited to the implied representations, warranties or conditions of merchantability, or fitness for a particular purpose. Studio Pango does not represent or warrant that this site, the services or the materials will meet your requirements or that their use will be uninterrupted or error free. 6.     Limitation of Liability. You assume all responsibility and risk for use of this site, the services and the materials including without limitation any of the information contained therein. In no event shall Studio Pango or any of its directors, officers, employees, shareholders, partners, or agents be liable for any incidental, indirect, punitive, exemplary, consequential or other similar damages whatsoever (including damages for loss of profits, interruption, loss of business information, or any other pecuniary loss) in connection with any claim, loss, damage, action, suit or other proceeding arising under or out of these terms of use, including without limitation your use of, reliance upon, access to, or exploitation of this site, the services, the materials or any part thereof, or any rights granted to you hereunder, even if we have been advised of the possibility of such damages, whether the action is based on contract, tort (including negligence), infringement of intellectual property rights or otherwise. In every event, Studio Pango’s total maximum aggregate liability under these terms of use or the use or exploitation of any or all part of this site, the services or the materials in any manner whatsoever shall be limited to five ($5.00) US dollars. The consideration being paid hereunder does not include any consideration for Studio Pango to assume any risks beyond those expressly assumed herein and if any such risks were to be assumed by Studio Pango, Studio Pango would not have entered into this agreement without charging substantially higher fees. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. 7.     Term & Termination. Studio Pango may, from time to time, but is in no way obligated to, permit you to access and use this Site and the Services in accordance with these Terms of Use and in the manner more particularly set out herein. You acknowledge and agree that access to this Site and the Services may not be available from time to time, may be amended, revised, replaced, suspended or terminated in whole or in part at any time and without notice, and that Studio Pango shall not, in any event, be responsible to you in any way should you be unable to access this Site and the Service at any time or from time to time. Studio Pango may, at its sole discretion, at any time and from time to time, without notice, suspend your right to use this Site and the Services and/or terminate these Terms of Use or any of the licenses granted hereunder. Without limiting the foregoing, these Terms of Use and the licenses granted herein shall automatically terminate, without notice, if you materially fail to perform or comply with these Terms of Use or any provision hereof. Upon termination of these Terms of Use, you shall immediately cease and desist from all use of this Site and the Services. Your obligations under these Terms of Use will survive the termination of these Terms of Use.

Notice

1.     If you need to contact us regarding this Site, the Services or these Terms of Use, please e-mail us at contact@studio-pango.com. You can also contact us via mail addressed to:Studio Pango SAS6 Bis Impasse des Robiniers 69290 CRAPONNE FRANCE

Severability

1.     If any part of these Terms and Conditions is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Amendments

1.     At any time, we may amend these Terms of Use by modifying, deleting and/or adding any portion thereof.2.     If we make a material amendment to these terms of use, we will notify you of such amendment by sending you an email at the last e-mail address that you provided us, and/or by posting notice of such amendment on the web sites covered by these Terms of Use or via the relevant App store or the App itself.3.     These Terms of Use are governed by and construed in accordance with the laws of France, without regards to its principles of conflicts of law. Subject to the obligation to arbitrate below, you agree to personal jurisdiction by the federal and state courts located in the city of Lyon, Rhone Alpes, France, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.4.     Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms of Use, the Site or any of our products or services or the relationship which results from these Terms of Use, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms of Use or your receipt and use of the Site or any of our products or services, which cannot be amicably resolved, (collectively, a "Claim"), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Lyon, France in French and governed by French law pursuant to the arbitration legislation in the City of Lyon, as amended, replaced or re-enacted from time to time. The arbitrator will be a person who is legally trained and who has experience in the information technology field in France and is independent of either party. Any such Claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim, controversy or dispute of any other party. Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against us relating to any Claim and you also agree to opt out of any class proceedings against us. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.5.  These Terms of Use set out the entire agreement between us relating to the subject matter herein and supersede and any all prior or contemporaneous written or oral agreements between us. These Terms of Use are not assignable, transferable or sub- licensable by you except with Studio Pango’s prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

Contact Information


By email : pango[at]studio-pango.comBy phone : +33675137576By mail : 6 bis Impasse des Robiniers 69290 Craponne FRANCE