(Regulated by the Law n° 2004-575 of 21 June 2004 for confidence in the digital economy)

Publisher

The website https://www.oggy-oggy.com is the property of XILAM ANIMATION - SA with a capital of €491,150.00, registered in Paris Trade and Companies Register under number 423 784 610, whose head office is located at 57, boulevard de la Villette, 75010 PARIS.

European VAT No.: FR 62 423 784 610

Contact: +33 (0)1 40 18 72 00 / contact@oggy-oggy.com

Director of the publication

Marc du Pontavice

Host

The provider of the direct and permanent storage of the Site is Vercel Inc, whose registered office is located at 340 S Lemon Ave #4133, Walnut, CA 91789, USA.

Contact: +001 5592887060 / legal@vercel.com 

For the purposes of these terms and conditions of use, the following terms shall have the meaning set out below:

1- “General Conditions of Use” means these general conditions of use, i.e. all the rules and stipulations set out on this page of the Site, governing access, consultation and use of the Site.

2- “Content”: means, but is not limited to, the texts, illustrations, photos, images, sounds, information and data, of any nature whatsoever, made available to Users of the Site, including the Activities.

3- “Activities” means the colouring pictures, games and other activities on the theme of the animated series entitled "Oggy Oggy" produced by XILAM ANIMATION, which can be consulted and/or downloaded in the form of a PDF file from the Site.

4- “Site” means the online public communication service published by XILAM ANIMATION and located at the following URL address: https://oggy-oggy.com/ and/or any other address that may be added to or substituted for it.

5- “Services”: refers to the provision of tools, in particular the Activity download service, the contact form, and more generally any other service offered by XILAM ANIMATION on the Site.

6- “User” means the natural persons accessing the Site in order to consult and use the Services and Content, under the conditions defined in these General Conditions of Use.

7- “Third Party Sites”: refers to the online public communication services published by third party partners of XILAM ANIMATION, located at the URLs present on the Site.

The terms defined above shall also be understood in the plural and vice versa, depending on the context.

Any access to the Site automatically implies full acceptance by the User of the rules and conditions defined in these General Conditions of Use. In the event that a User refuses to adhere to these General Conditions of Use, they must refrain from accessing, consulting and/or using the Site, the Services and/or the Content, in any way whatsoever.

The General Conditions of Use applicable are those in effect at the time of connection to the Site by the User. The User is advised to print a copy of these General Conditions of Use for future reference.

Xilam is free to modify the General Conditions of Use at any time. These changes shall be brought to the attention of the User by the simple fact that they are posted online. Consequently, any User accessing the Site is invited to refer to them on each visit in order to take note of the latest version available on the Site. These General Conditions of Use were last updated on 24 August 2021.

The title of the animated series entitled “Oggy Oggy” produced by XILAM ANIMATION and the “Oggy Oggy” logo are registered trademarks owned by XILAM ANIMATION, and where applicable its third party partners, as indicated.

All characters, names, titles, texts, images, data, videos, and in general the Content of this Site, are protected by applicable laws, in particular - without this list being exhaustive - those relating to intellectual property, trademarks and copyright. XILAM ANIMATION, and where applicable its third party partners, expressly own and reserve all rights, including copyright, throughout the world in the Content that can be viewed and/or made available on this Site. The Content of this Site may only be used with the prior written permission of XILAM ANIMATION and/or its third-party partners and/or the rights holders, if any.

Any reproduction, distribution, modification, adaptation, retransmission or publication of the Content, even in part, would violate applicable laws on intellectual property, copyright, trademarks and any other applicable law. XILAM ANIMATION expressly reserves all its rights in this respect, as well as its right to prosecute any offender.

This Site, including the Services and its Content, is intended for users of various ages and is not subject to any age limit.

However, any minor must only access, consult and/or use the Services and the Content of the Site, in particular with regard to downloading the Activities offered on the Site, with the authorisation of their parent or legal guardian. Parents and legal guardians of minors are reminded that they are solely responsible for (i) deciding whether or not the Services and Content of the Site are suitable for their child, and (ii) monitoring the use that the latter makes of the Services and Content of the Site.

To send a message via the contact form, a minor under 15 years of age must have obtained the prior consent of their parent or guardian. In the context of this contact form, it is recommended that minors under 15 years of age use the email address of their parent or guardian.

Certain Activities offered on the Site, as described below, may require adult supervision (for example, using scissors). Parents are entirely responsible for the implementation of the Activities.

Activities, which can be consulted and/or downloaded in the form of PDF files, are made available to the User free of charge on the Site and the Services. The User is authorized by XILAM ANIMATION, on a non-exclusive basis, to download and/or print these Activities solely for private (i.e. limited to family or friends) and non-commercial use. This authorisation is not transferable. The User must not use all or part of the Activities for commercial purposes without obtaining a license from XILAM ANIMATION, or its partners if applicable.

The equipment (in particular computer, telephone, tablet, software, electronic means of communication, printer, ink cartridges, etc.), as well as the electronic communication costs (in particular telephone costs, internet access costs, etc.), enabling the downloading and/or printing of the Activities, are the exclusive responsibility of the User.

For all intents and purposes, it is recalled that XILAM ANIMATION does not guarantee that the Activities will be protected from bugs or viruses. The User is responsible for configuring their computer equipment, software and internet interfaces to access the Service, as well as to consult and/or download these Activities.

If the User prints, downloads and/or copies the Activities in breach of these Terms of Use, this authorisation shall cease immediately and automatically. XILAM ANIMATION expressly reserves the right to prosecute any offender.

XILAM ANIMATION authorises the establishment of a hypertext link to the home page of its Site, under the following cumulative conditions:

1- The hyperlink must be made to the home page of our Site only. Links to pages other than the home page of our Site are therefore not permitted;

2- The establishment of the hypertext link must be made from a website belonging to the person establishing the link;

3- The establishment of the hypertext link must not harm the reputation of XILAM ANIMATION and/or its partners;

4- The establishment of the hypertext link must not suggest any form of association, approval or support on the part of XILAM ANIMATION and/or its partners

More generally, the person linking to the home page of the Site must do so lawfully and without profit.
If you wish to establish a link other than according to the parameters established above, please contact XILAM ANIMATION.

The information on the Site is provided for general information purposes. XILAM ANIMATION makes reasonable efforts to update and/or correct such information. Notwithstanding the above, it is specified that the Credits mentioned on the Credits page of the Site are accurate at the time of their first publication and are mentioned subject to any future changes or developments. XILAM ANIMATION does not guarantee that the information on the Site is accurate, complete and/or up-to-date.

The Site may contain, for information purposes only, hypertext links to Third Party Sites, over which XILAM ANIMATION has no control. XILAM ANIMATION declines all responsibility for the content of Third Party Sites. The presence of hyperlinks to Third Party Services does not imply that XILAM ANIMATION in any way endorses the Third Party Services or the information and content they may contain.

The Services and the Content are made available free of charge. XILAM ANIMATION does not guarantee that the Services and/or the Content will always be available without interruption. XILAM ANIMATION reserves the right to suspend, withdraw or limit the availability of all or part of the Site, Services and/or Content for commercial and/or operational and/or legal reasons.

More generally, XILAM ANIMATION and/or its service providers may not be held liable for any direct or indirect material and/or immaterial damage of any kind whatsoever resulting from the consultation, use and/or unavailability of the Site, the Services and/or the Content.

XILAM ANIMATION declines all responsibility in the event of use of the Site, the Services and/or the Content that does not comply with these General Conditions of Use.

XILAM ANIMATION shall not be liable for any delay in performance or for any failure to perform its obligations under the General Conditions of Use that are due to force majeure.

The User is responsible for all damages caused to XILAM ANIMATION. In this respect, the User undertakes to guarantee and indemnify XILAM ANIMATION and its partners against any recourse, damage, complaint or demand from third parties resulting from a violation of these General Conditions of Use, the rights of others or the laws and regulations in force. Costs and fees relating to disputes shall be borne exclusively by the User.

The Site ensures that the User's personal information is collected and processed with respect for privacy in accordance with Law no. 78-17 of 6 January 1978 relating to information technology, files and freedoms, as amended, and European Regulation 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, which came into effect on 25 May 2018.

The processing of personal data implemented on the Site is exclusively for internal use by XILAM ANIMATION, for the following purposes: (i) responding to messages sent via the contact form, and (ii) processing requests sent via the contact form.

The data collected in this way will not be passed on, exchanged or rented to third parties.

The User has the right to access, rectify, delete, limit, oppose and erase their personal data. To exercise their rights, the User may make their request (specifying their first name and surname):

By email to: contact@oggy-oggy.com

Or by post to:

XILAM ANIMATION

57, Boulevard de la Villette

75010 PARIS

If the application is sent by post, a photocopy of the identity document must accompany it. The request should also indicate the address to which the reply should be sent.

XILAM ANIMATION has a period of one (1) month from the date of receipt of the request to respond.

The personal data transmitted shall be kept for a reasonable maximum period of thirteen (13) months, not exceeding the period strictly necessary for the purpose of the processing.

XILAM ANIMATION undertakes to act in accordance with the rules of the art and to take all necessary technical measures to ensure the security and confidentiality of personal data communicated on the Site.

Cookies are small text files that a web server places on a terminal (computer, tablet, smartphone, etc.) when the User visits an Internet page. When used by a site, the cookie can help make a web page more user-friendly and facilitate navigation, for example by remembering your settings. Only the sender of a cookie can read or modify the information contained in it.

All cookies used on this Site are anonymous and do not allow XILAM ANIMATION to collect and use personal data.

Two types of cookies are likely to be deposited on the User's terminal during the visit to the Site:

I. Strictly necessary cookies:

These are cookies that enable us to provide you with a smoothly functioning Site:

Name of the cookie

Purpose(s)

Cookie retention time

axeptio_cookies

To check if an Axeptio choice has been previously validated

11 months from the moment the User presses the consent button

axeptio_authorized_vendors

To save the choice of cookies validated by the User

11 months from the moment the User presses the consent button

axeptio_all_vendors

To save if the User has accepted all cookies

11 months from the moment the User presses the consent button

II. Anonymous statistical cookies:

These cookies are used to analyse and measure traffic on the Site. This is the case with Google Analytics cookies. Google Analytics is a Google web analytics tool that enables website and application owners to better understand the behaviour of their users. This tool uses cookies to collect information and generate reports on traffic (number of visits, time spent on the site, average number of pages viewed, device and browser used, geographical location), traffic origin (sources and campaigns that generate visits) and navigation (pages viewed, actions taken).

Name of the cookie

Purpose(s)

Cookie retention time

_ga

To allow the analysis of the statistics of consultations of the Site

11 months from the moment the User presses the consent button

At any time, the User can configure the cookies by clicking on the "Cookie Management" link at the bottom of the web pages of the Site. A setting banner will appear and will allow the User to accept or refuse, totally or partially, the cookies. When the User accesses the Site for the first time, the User will automatically be offered this setting banner.

The User can also manage cookies (including refusing them) by modifying the settings of their browser. It is thus possible for the User to choose to accept or refuse cookies prior to their installation. Each browser has its own configuration, explained in the links below:

For Firefox™:

https://support.mozilla.org/en-US/kb/enhanced-tracking-protection-firefox-desktop,

For Internet Explorer™:

https://support.microsoft.com/en-gb/windows/delete-and-manage-cookies-168dab11-0753-043d-7c16-ede5947fc64d ,

For Safari™:

https://support.apple.com/en-gb/guide/safari/sfri11471/mac,

For Opera™:

https://help.opera.com/en/latest/web-preferences/#cookies,

For Chrome™:

https://support.google.com/chrome/answer/95647?hl=en-GB&hlrm=en,

For iOS ™:

https://support.apple.com/en-gb/HT201265,

For Android ™:

https://www.wikihow.com/Disable-Cookies#Android_Devices

The User is reminded that refusing cookies may prevent the User from benefiting from all or part of the functionalities of the Site and/or Services.

French law is applicable to these General Conditions of Use.

The User undertakes to seek an amicable resolution of the dispute with XILAM ANIMATION before any legal action is taken.

In the event of failure, any disputes arising from the formation, interpretation or performance of these General Conditions of Use shall be submitted to the competent courts of the Paris area, including in summary proceedings or on request, notwithstanding the introduction of third parties or multiple defendants. In the event that the User is acting as a professional, any disputes will be subject to the exclusive jurisdiction of the Commercial Court of Paris.