LEGAL NOTICE AND PURPOSE OF THE WEB PAGE
In accordance with article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (LSSICE) the identification data of the company are detailed below
ELESAPIENS LEARNING & FUN, S.L., the tax number (CIF) of which is B-86432101 and the registered office of which is at c/ Orense 20, 2-10, 28020, Madrid, Spain, and which is listed on the Register of Commerce of Madrid as at 24th April 2012 in volume 29,859, on sheet 143 and on page M-537264, (the 1st entry), is a company that produces and places digital educational and entertainment products on the market. By virtue of this legal notice, we wish to regulate access and use and, in general, the relationship between this website accessible at http://www.elesapiens.com and website users.
GENERAL USAGE TERMS OF THE WEBSITE
These General Terms govern the use of the website of ELESAPIENS LEARNING & FUN, S.L., the tax number (CIF) of which is B-86432101 and the registered office of which is at c/ Orense 20, 2-10, 28020, Madrid, Spain, and which is listed on the Register of Commerce of Madrid as at 24th April 2012 in volume 29,859, on sheet 143 and on page M-537264, (the 1st entry), which may be accessed at http://www.elesapiens.com .
The existence of these General Usage Terms does not exclude the application of other provisions or conditions governing access to the different parts of the website of ELESAPIENS LEARNING & FUN, S.L.
The term “site or website” comprises -by way of illustration, but not limitation- the data, texts, graphics, images, animations, musical creations, videos, sounds, drawings, photographs and other contents included in said site and, in general, all the creations expressed in any medium or vehicle, whether tangible or intangible, regardless of whether or not they might be the subject of intellectual property in accordance with the Consolidated Text of the Spanish Intellectual Property Act. This website shall also be understood to include all the microsites which can be accessed herefrom unless the microsite in question expressly indicates its own usage terms, in which case said terms shall be applicable.
Use of the website of ELESAPIENS LEARNING & FUN, S.L, requires the knowledge and full acceptance of the legal warnings and the terms in force at any time users access said site, which terms are specified below.
The use of certain services available to users of this official site may also be subject to special terms, warnings or instructions, which must also be consulted and accepted by said users without reservation.
Visiting users are aware that the services and contents of this site are accessed and used under their sole exclusive responsibility.
Users shall use the services and content exclusively for their own personal purposes while any subsequent usage thereof with the intention of making profit or deriving any benefit, direct or indirectly, is prohibited.
In the event that users do not accept these general terms or the specific terms that govern the use of a particular service and/or content intended for website users that said company requires, they shall refrain from accessing the website or, as the case may be, leave said site.
As a general rule, the services and contents offered over this website are available in Spanish and English without prejudice to the possibility at the discretion of ELESAPIENS to offer same in other official languages.
ELESAPIENS may modify unilaterally without prior notice the provision, configuration, content and services of this site as well as the usage terms thereof and access to the contents offered and services provided.
Rights and obligations of the users
Users are entitled to:
- Access the contents and services of the site available as such free of charge and without prior authorization notwithstanding the technical and specific terms or the need for prior signing-up for specific services and contents as required by these general terms or the specific terms of said services.
- Use the services and contents available solely for personal purposes.
- Make correct and lawful use of the site in accordance with the laws currently in force, moral, good practices and public order.
Should we request signing-up information from users, they shall provide truthful, accurate, up-to-date and complete information. They shall update their signing-up information to keep it current, accurate and complete. Should they be sent a password, they shall not disclose it to anybody else. Users shall not use other people’s passwords and they shall be responsible for keeping their accounts and passwords confidential. Users accept to notify us immediately about any unauthorized use of their passwords, accounts or any other security breach. They also undertake to close their account sessions at the end of each session. We shall not be liable for any loss or damage deriving from their failure to comply with these requirements.
Users may not undertake any action that involves the reproduction, distribution, copying, hiring out, public communication, conversion or any other similar action that might give rise to the modification or alteration to all or part of the contents and services of this site or the economic operating thereof without prior written authorization from ELESAPIENS or third party proprietors of intellectual and industrial property rights over the services or contents of the site except where provided for hereunder or, if applicable, under the specific terms governing the use of a service and/or content existing on the website.
Without limiting the foregoing, users undertake not to use our site to do the following:
- Use the trademark, commercial names or any other distinctive sign that is subject to intellectual or industrial property rights without prior express written authorization from the proprietor thereof;
- Use the services and contents offered over the site in a manner that is contrary to the general usage terms and/or the specific terms governing the use of a particular service and/or content, or to the detriment of the rights of other users;
- Slander, insult, harass, persecute or threaten any persons or in any other manner violate their legal rights;
- Publish, present, upload, send by electronic mail, distribute or disseminate (collectively, “Transmit”) any inappropriate, irreverent, slanderous, obscene, indecent or unlawful content;
- Send archives that contain viruses, damaged archives or any other similar software, or programs that might damage or negatively affect the working of the computer of another person, a website or any other software or hardware or another computer;
- Send surveys, competitions, pyramid systems, unwanted mail, unsolicited advertisements, promotional materials or message chains;
- Download any archive that users know or reasonably should know that said archive may not be obtained in such a manner by law;
- Falsify or erase any author’s attribute, legal notices or proprietorship designations, source labels, software source codes or other material;
- Restrict or prohibit any user from using and enjoying any public area of our website;
- Interfere with or upset our website;
- Falsify headers or manipulate identifiers or other data for the purpose of concealing the source of any content transmitted over our website or manipulate its presence on our website;
- Undertake any actions that might cause an excessive or disproportionately heavy load on our server or equipment;
- Erase or modify in any manner the protection or identification devices of ELESAPIENS or the legitimate owners thereof that might be contained in the contents of this website, or any symbols that ELESAPIENS or legitimate third-party owners of the rights might incorporate into their creations, the subject matter of intellectual or industrial property, existing on this website.
- Reproduce totally or partially this website on another different website; users may not create frames of this website or the websites that are accessible herefrom that conceal or modify -by way of illustration but not limitation- contents, advertising spaces or trademarks belonging to ELESAPIENS or third parties, regardless of whether or not they involve acts of unfair competition or confusion.
- Be involved in unlawful activities.
You accept the condition of using our forums, community and/or communication or messenger services (jointly, the “Forums”) for the sole purpose of sending and receiving messages and information appropriate and relating to a specific forum.
If you select a user name that, in our opinion, is obscene, indecent, insulting or that might cause public discredit or disdain, we reserve the right to automatically change your user name without prior notification, to erase your publications from our webpages and to prohibit your access to our website or any combination of these options.
The use of our official site shall be compliant with the content of these General Terms and any legal provisions applicable thereto.
ELESAPIENS reserves the unilateral right to deny access to this website to any users that fail to comply with these General Usage Terms.
Rights and obligations of ELESAPIENS
ELESAPIENS reserves the following rights.
- To modify the terms of access to this site, whether or not technical, unilaterally and without prior notice to users, without prejudice to the requirements of the specific terms governing the use of a particular service and/or content intended for website users.
- To establish specific terms and, if applicable, the requirement of a payment or other requirements to access certain services and/or contents.
- To restrict, exclude or make conditional the access of users in the event that all the guarantees of correct usage of the website by said users arenot operative in accordance with the obligations and prohibitions undertaken by said users.
- To terminate the provision of a service or supply of content, without indemnification, when the use thereof by users is unlawful or contrary to the requirements of the terms governing same without prejudice to the requirements of the specific terms governing the use of a certain service and/or content intended for website users.
- To modify, erase or update all or part of the contents or services offered over this website, without requiring the issuance of prior notice, notwithstanding the requirements of the specific terms governing the use of a certain service and/or content intended for website users.
- To take any legal action or institute any proceedings that are appropriate to protect both the rights of ELESAPIENS and third parties that provide their services or contents over this site whenever such action is necessary.
- To demand any indemnification that might derive from the improper or unlawful use of all or part of the services and contents provided over this website.
Release and limitation of liability of ELESAPIENS
ELESAPIENS S.L is released from any type of liability for damages of any kind under the following circumstances:
- Due to the impossibility of or difficulties in connecting to the communications network over which this website may be accessed regardless of the kind of connection used by users.
- Due to the interruption, suspension or cancellation of access to the website as well as reasons of availability and continuity of the functioning of the site or the services and/or contents thereon when this arises from (i) either an interruption of the service for technical maintenance work on the website (ii) or for a reason beyond the control of ELESAPIENS whether this is attributed direct or indirectly to the latter.
- ELESAPIENS does not assume any liability for the services and contents, nor for the availability and conditions (technical or otherwise) of access thereto, that are offered by third-party service providers, particularly information society service providers. Information society service providers shall be understood to be any natural persons or legal entities that provide the following services to the public: (i) the transmission over a communications network of data provided by service recipients, (ii) access services to said network, (iii) data storage services, (iv) the supply of contents or information, (v) a temporary copying service of the data requested by users, and/or (vi) the provision of links to contents or search tools.
- The processing and subsequent use of personal data undertaken by third parties outside ELESAPIENS as well as the relevance of the information requested by said parties.
- The quality and velocity of access to the site and the technical conditions users must have to be able to access the site and its services and/or contents.
- ELESAPIENS shall not be liable for any delays or failures that might occur in the access to and/or functioning of the services and/or contents of the website due to a circumstance of force majeure. “A circumstance of force majeure” shall be any circumstances that cannot be anticipated or even though anticipated are inevitable and that give rise to the failure to perform any of its obligations. These circumstances include, but not by way of limitation, strikes on the part of both its own workers and third-party workers, uprisings or riots as well as laws dictated by any civil or military authority, natural catastrophes, such as earthquakes, flooding, lightening or fires, wars, lockouts or any other circumstance of force majeure.
- Users shall be personally liable for any kind of damage caused to ELESAPIENS, direct or indirectly, for failure to comply with any of the obligations deriving from these general terms or other regulations governing the use of this site.
Intellectual and industrial property
Users know that the contents and services offered over this site including, but not by way of limitation, texts, graphics, images, animations, musical creations, videos, sounds, drawings, photographs, and all comments, displays and the html code of same are protected by intellectual and industrial property laws. The copyright and economic operating rights of this site belong to ELESAPIENS and/or third-party entities.
The trademarks, commercial names and distinctive signs that appear on the website are the property of ELESAPIENS and/or, as the case may be, third-party entities, and they are protected by the industrial property laws in force at the present time.
The provision of the services and publication of the contents over this website shall not imply on any account the assignment, waiver or transfer, whether total or partial, of the title to the pertinent intellectual and industrial rights held by ELESAPIENS and/or legitimate third-party holders.
No part of this website may be reproduced, distributed, transmitted, copied, communicated publicly or converted, totally or partially, by means of any manual, electronic or mechanical system or method (including photocopying, recording or any information recovery and storage system) across any medium or vehicle known at the present time or that might be invented in the future without the consent of ELESAPIENS. The use, under any modality, of all or part of the content of this site is subject to the requirement of requesting prior authorization from ELESAPIENS and/or legitimate third-party holders and the acceptance of the pertinent license, if applicable, excepting the provisions governing the rights acknowledged and granted to users by virtue of these general terms or so determined under the specific terms that ELESAPIENS establishes to regulate the use of a particular service and/or content offered over this website.
Contents and materials published by users
Users undertake not to introduce, store or disseminate over this website any content that might infringe intellectual or industrial property rights or, in general, any content in respect of which they do not have the right, according to the law, to make available to third parties.
ELESAPIENS may, however, modify said contents to adapt them to the publishing format requirements of this website.
ELESAPIENS shall not assume liability for the availability options selected by users regarding the contents they place on the website, and it makes a space available to said users in which they may incorporate their contents and share them with other users, though it does not control whether or not the contents infringe the rights indicated above.
The use of hyperlinks to this website shall only be approved by ELESAPIENS by written authorization and provided that the hyperlink is created in accordance with the terms set forth hereunder:
The protection of personal data
Even though, initially, the term of this site is open-ended, ELESAPIENS reserves the right to suspend or terminate the provision of some or all of its services without being required to give users prior notice of such a decision.
GOVERNING LAW AND JURISDICTION
These general terms are governed by the laws of Spain.
The parties, while expressly waiving their own jurisdiction, submit to the courts of Madrid (Spain) for the resolution of all such litigation that might derive herefrom.
SUBSCRIBING TO A PREMIUM SUBSCRIPTION PLAN
To subscribe to a Premium Subscription Plan of ELESAPIENS LEARNING & FUN, S.L., you will need to go to http://www.elesapiens.com and register as a user. To do that, complete the online form, which will always appear on the store webpage, and follow the instructions provided. ELESAPIENS provides users with all the technical means required to identify and correct any mistake made while providing details on the different forms that appear on the screen during the subscription process.
After registering, you will have to select the plan and period to which you wish to subscribe. To do that, click on the corresponding “Subscribe” icon, as instructed on the screen, and complete the subscription supply form provided for such purpose, including the payment form, and confirm it. Once the subscription has been confirmed, the information provided by the client for the plan and the period chosen cannot be changed.
The prices and offers that appear on the website are solely and exclusively valid for online subscriptions undertaken through http://www.elesapiens.com and they may not reflect those currently available in other stores. All the prices on our webpage include indirect taxes.
Confirmation of the subscription by the client entails his or her express acknowledgement and acceptance of the general contracting conditions as a part of formalizing the agreement. Unless otherwise substantiated, the information registered by ELESAPIENS constitutes proof of the set of transactions undertaken between ELESAPIENS and its clients. ELESAPIENS shall file the online document on which the agreement is formalized, which shall be accessible.
Once the client has made the subscription payment for the plan chosen, said client will receive an email confirming the corresponding subscription to the address given. Clients can check all the information and status of the subscription in his or her online account.
The client may ask ELESAPIENS for the invoice or receipt of the corresponding subscription.
ELESAPIENS warns clients that subscription invoices cannot be changed once issued, without prejudice to their right to obtain a rectified invoice in the events provided for under current legislation (Royal Decree 1619/2012 of 30 November, approving the Regulation governing invoice obligations). Invoices will be issued in the name of the natural person or company that appeared on the invoice address given when formalizing the subscription. As such, clients must ensure that the order is made using the correct invoicing address.
The client cannot cancel the subscription once confirmed.
During the subscription period, the client may sign up to a higher subscription plan.
The client will have access throughout the corresponding period to the contents of the plan subscribed to. No subscription is automatically renewed. Therefore, the client will have to resubscribe to said plan, through the subscription process established, once it has expired.
ELESAPIENS offers different payment methods so that you can choose the one that best suits you or your requirements:
Payment by Credit Card: You can use Visa and Mastercard.
Payment by Transfer: This payment method is only available to School Plan subscribers.
Payment through PayPal: This method allows you to pay through your PayPal account, in a quick and secure manner, without sharing your financial information with ELESAPIENS. You will be redirected to the secure PayPal website, where you can enter your PayPal account details. After accepting the payment, you will be taken back to www.elesapiens.com, where we will confirm your subscription.
SUBSCRIBING TO A FREE PLAN
To subscribe to a Free Subscription Plan of ELESAPIENS LEARNING & FUN, S.L., such as the Basic Plan, under the conditions established by ELESAPIENS you will need to go to http://www.elesapiens.com and register as a user. To do that, complete the online form, which will always appear on the store webpage, and follow the instructions provided. ELESAPIENS provides users with all the technical means required to identify and correct any mistake made while providing their details on the different forms that will appear on the screen during the subscription process.
Subscribing to the Free Subscription Plan entails the express acknowledgement and acceptance of the content access conditions of said plan by the user.