1.- Ownership of the website.
https://smileandlearn.com/es/ (hereinafter, Smile and Learn) is the exclusive property of Smile and Learn Digital Creations, S.L. with address at Ronda de Sobradiel 16-B, 28043 Madrid and CIF B86731791 makes these conditions available to persons accessing its Website in order to provide information about services, own and / or third party partners, and facilitate access to them, as well as the procurement of services and goods through the same (all jointly referred to as the “Services”).
All intellectual property rights of the web domain and its contents belong either to the company or to third parties, so that no user is authorized to use, print or store them on any physical medium in any case other than for personal and private use. The modification, decompilation or commercial use of any part of it is therefore prohibited.
Registered in the Mercantile Registry of Madrid.
2.- Conditions of use.
The Web Site reserves the right to modify, at any time, the presentation and configuration of the Web Site, as well as the present Legal Conditions of use. Therefore, Users and Visitors are advised to read them carefully each time they access the Web Site.
Due to the nature of this Web Site, it is possible that the contents of these Legal Conditions may be modified or changed. Therefore, the User, as well as other Visitors who do not enjoy this condition, are obliged to access the present Legal Conditions each time they access the Web Site, assuming that the corresponding conditions in force at the time of their access will be applicable to them.
Correct use of the services.
Both Users and Visitors undertake to use the Services in a diligent, correct and lawful manner and, in particular, by way of example and without limitation, undertake to refrain from:
- use the Services in a manner, for purposes or with effects contrary to law, morality and generally accepted good customs or public order;
- reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the Services, unless authorized by the holder of the corresponding rights or it is legally permitted;
- perform any act that may be considered an infringement of any intellectual or industrial property rights belonging to Smile and Learn or third parties;
- use the Services and, in particular, information of any kind obtained through the Web Site to send advertising, communications for direct marketing purposes or for any other commercial purpose, unsolicited messages addressed to a number of people regardless of their purpose, as well as to market or disclose in any way such information;
Both Users and Visitors shall be liable for damages of any nature that Smile and Learn may suffer, on occasion or as a consequence of the breach of any of the above obligations, as well as any others included in these Legal Conditions and/or those imposed by the Law in relation to the use of the Website.
Smile and Learn will ensure at all times the respect of the current legal system, and will be entitled to interrupt, at its sole discretion, the Service or exclude the User from the Website in case of alleged commission, complete or incomplete, of any of the crimes or offenses defined by the Criminal Code in force, or in case of observing any conduct which, in Smile and Learn’s opinion, is contrary to these General Terms and Conditions, the General Terms and Conditions of Use of this Website, the Law, the rules established by Smile and Learn or its collaborators, or which may disturb the good functioning, image, credibility and/or prestige of Smile and Learn or its collaborators.
4.- Industrial and intellectual property rights.
All the contents of the Website, such as texts, graphics, photographs, logos, icons, images, as well as the graphic design, source code and software, are the exclusive property of Smile and Learn or third parties, whose rights are legitimately held by Smile and Learn, and are therefore protected by national and international legislation.
It is strictly forbidden to use all the elements subject to industrial and intellectual property for commercial purposes, as well as their distribution, modification, alteration, decompilation and/or any other action that involves an infringement of the current Spanish and/or international regulations on intellectual and/or industrial property. Likewise, the total or partial reproduction of this website, even by hyperlink, is strictly prohibited without the express written permission of Smile and Learn.
Those who send to the Web Site contents – texts, photographs, audio, videos, or any other work expressed in any medium or support – observations, opinions or comments by means of the e-mail service or by any other means, in the cases in which by the nature of the Services this is possible, it is understood that they authorize Smile and Learn for the reproduction, distribution, public communication, transformation, and the exercise of any other right of exploitation, of such contents, observations, opinions or comments, for the entire time of copyright protection that is legally provided for and without territorial limitation. It is also understood that this authorization is given free of charge.
5.- Exclusion of warranties and liability.
Smile and Learn shall only be liable for damages that Visitors and Users may suffer as a result of the use of the website when such damages are attributable to the wilful misconduct of this company.
Users and Visitors acknowledge and accept that the use of the Website, as well as the provision of the services offered therein, is done at their own risk and responsibility.
Smile and Learn is not responsible for any damages that may arise from, but not limited to, the following (i) Interferences, omissions, interruptions, computer viruses, breakdowns and/or disconnections in the operational functioning of this electronic system or in the devices and computer equipment of those who access the Website, caused by reasons beyond the control of Smile and Learn, which prevent or delay the provision of services or navigation through the System; (ii) Delays or blockages in the use caused by deficiencies or overloading of the Internet or other electronic systems; (iii) That may be caused by third parties through illegitimate intromissions beyond the control of the Website and that are not attributable to Smile and Learn ; (iv) The impossibility to provide the Service or allow access for reasons not attributable to Smile and Learn, due to the User, third parties, or force majeure.
Smile and Learn does not control, in general, the use that Users and/or Visitors make of the Website. In particular, there is no guarantee under any circumstances that Users and/or Visitors will use the Website in accordance with the law, these Legal Conditions, generally accepted morals and good customs and public order, nor that they will do so in a diligent and prudent manner.
Smile and Learn excludes any liability for damages of any kind that may be due to the lack of truthfulness, accuracy, completeness and/or timeliness of the Services transmitted, disseminated, stored, made available or received, obtained or accessed through the Website, as well as for the Services provided or offered by third parties or entities. Smile and Learn will try as far as possible to update and rectify any information hosted on its Web Site that does not comply with the minimum guarantees of accuracy. However, it shall be exonerated from liability for its failure to update or rectify, as well as for the contents and information contained therein. In this sense, Smile and Learn has no obligation to control and does not control the contents transmitted, disseminated or made available to third parties by Users or collaborators, except in cases where so required by law or when required by a competent judicial or administrative authority.
Smile and Learn is not responsible for the use that the User makes of the Services of the Website or its passwords, as well as any other material of the same, infringing the intellectual or industrial property rights or any other right of third parties.
The User undertakes to indemnify Smile and Learn , for any damage, loss, penalty, expense (including, without limitation, attorneys’ fees) or civil, administrative or any other liability that Smile and Learn may suffer that is related to the breach or partial or defective compliance by the User with the provisions of these Legal Conditions or applicable law, and, in particular, in relation to its obligations regarding the protection of personal data contained in these conditions or established in the General Data Protection Regulation (EU) 2016/679, the Organic Law 3/2018 on the Protection of Personal Data and the guarantee of digital rights and other applicable legislation.
6.- Obligations of Visitors and Users.
In general, Visitors and Users are obliged to comply with these Legal Conditions of Use that may be applicable to them, as well as to comply with the special warnings or instructions of use contained in the same or in Smile and Learn and to act always in accordance with the law, good customs and the requirements of good faith, using the diligence appropriate to the nature of the service they enjoy, refraining from using the Website in any way that may prevent, damage or impair the normal operation of the same, the property or rights of Smile and Learn, its suppliers, other Visitors and/or Users or in general of any third party.
Specifically, and without implying any restriction to the obligation assumed by the User and/or User in general in accordance with the previous section, the User and/or User undertakes, in the use of the Website, as well as in the provision of the services to: (i) to truthfully provide the data and to keep them updated; (ii) Not to introduce, store or disseminate on or from the Website, any information or material that is defamatory, libelous, obscene, threatening, xenophobic, incites violence or discrimination based on race, sex, ideology, religion or that in any way violates morality, public order, fundamental rights, public freedoms, honor, privacy or the image of third parties and in general the current regulations; (iii) Not to introduce, store or disseminate through the Website any computer program, data, virus, code, hardware or telecommunications equipment or any other electronic or physical instrument or device that is likely to cause damage to the Website, to any of the Services, or to any of the equipment, systems or networks of Smile and Learn of any User and/or User, of Smile and Learn’s suppliers or in general of any third party, or that in any other way is capable of causing them any type of alteration or preventing the normal operation of the same; (iv) to adequately safeguard the “e-mail address” and “password” provided to Smile and Learn by the Users, as identifying and enabling elements for access to the different services offered on the Website, undertaking not to transfer their use or to allow access to them by third parties, assuming responsibility for any damages that may arise from an improper use of the same. The User also undertakes to inform Smile and Learn as soon as possible of any loss or theft and of any risk of access to the “e-mail” address and/or the “Password” by a third party; (v) Not to carry out advertising, promotional or commercial exploitation activities through the Website, not using the contents and in particular the information obtained through the Website to send advertising, send messages for direct marketing purposes or for any other commercial purpose, or to collect or store personal data of third parties; (vi) Not to use false identities or impersonate others in the use of the Website or in the use of any of the services of the Website, including the use of passwords or access codes of third parties or in any other way; (vii) Not to destroy, alter, use for use, render useless or damage the data, information, programs or electronic documents of Smile and Learn, its suppliers or third parties; (viii) Not to introduce, store or disseminate through the Website any content that infringes intellectual property rights, industrial or business secrets of third parties, or in general any content of which it does not hold, in accordance with the law, the right to make it available to third parties.
7.- Links to other Web sites.
Smile and Learn does not warrant or assume any liability for any damages or losses incurred as a result of access to third party services through connections, links or links to the linked sites or for the accuracy or reliability of the linked sites. Smile and Learn shall in no case be responsible for the results obtained through such links or for the consequences arising from access by Users to them. These third-party Services are provided by third parties, so Smile and Learn cannot and does not control the legality of the Services or their quality. Consequently, the User must exercise extreme caution in the evaluation and use of the information and services existing in the contents of third parties.
For the purposes of these Legal Conditions, as well as the specific ones established in the Contracting Conditions, and for any communication that may be necessary between Smile and Learn and the User and/or User, the latter should contact the Customer Service Department by e-mail, by sending a message to email@example.com.
Smile and Learn’s communications to the User will be made in accordance with the data provided by the User when registering with Smile and Learn.
The User expressly accepts and for all communications related to the use of the Website, and/or the contracting of the services offered therein, the use of e-mail as a valid procedure for sending such communications.
Applicable law and jurisdiction.
For any interpretative or litigious issues that may arise, Spanish law shall apply and in case of dispute, both parties agree to submit to the jurisdiction of the Courts and Tribunals of the city of Madrid, waiving any other jurisdiction that may correspond to them.
©Smile and Learn Digital Creations, S.L. 2018