- OWNERSHIP OF THE WEB
The owner of the dominions www.elivingspanish.com and www.elivingspanish.es is Elisa Pérez Prieto with PPS Number 1770948KA. Address: 25 Bachelor´s Quay. Co. Cork. Ireland. Email: firstname.lastname@example.org
- CONDITIONS FOR ACCESS AND USE OF THE WEB.
ELIVINGSPANISH, through the web, provides information to its users about its products and services. The information referring in the web is up-to-date at the time of its publication. ELIVINGSPANISH makes every effort to maintain this information exact and precise at all times, and has it up-dated with the maximum swiftness possible, endeavouring to avoid errors and correct them as soon as they are detected. Even so, ELIVINGSPANISH cannot guarantee the non-existence of errors in this web nor that the content of the information is permanently up-dated.
ELIVINGSPANISH can carry out, at any time and without having to give previous notice, modifications, suppressions or up-dates of the information and conditions contained in the web or in their presentation, configuration, access, use, functionalities and specific contents.
The information provided in response to any consultation or request for information shall be considered as being of a merely preliminary and/or informative nature about its activities and services, and shall in no way be considered as being binding for ELIVINGSPANISH, nor for the contracting of the same on the part of the users, except in the event of express indication to the contrary.
The contents of the web can be downloaded into the terminal of the user so long as it is for private use and not for any commercial use whatsoever. Furthermore, any contents downloaded cannot be the object of any exploitation, reproduction, modification, public communication, cession or transformation, except under specific and express authorization.
General Conditions for Use of the Web Site
The present general conditions regulate access and use of the web which ELIVINGSPANISH places free of charge at the disposition of its users. The present general conditions shall apply to information supply activities such as, in the event they should arise, promotional ones that are effected through the web, and therefore these conditions shall govern access, as well as navigation and use of the web. Access, navigation, or the utilization of any of utility or service of the web implies and entails the acquisition on the part of the user of said condition to the present effects.
Access, navigation or utilization of the web supposes the full and unconditional acceptance of by the user of each and every one of the general conditions for access to and use of the web in force at any and all moment at and during which the user accesses to the web. In consequence, if the user does not agree with any of the conditions herein established, he/she should abstain from accessing and using the web and the utilities that can be placed at the disposition of the user at any and all times through the web or any related manner.
ELIVINGSPANISH reserves the right to modify at any time the present general conditions for use of the web as well as any other general or particular conditions, regulations for use, instructions, notices or warnings that occur as a result of application. Likewise, ELIVINGSPANISH reserves the right to suspend, interrupt or stop operating the web at any time.
The conditions for access and use of the present web are regulated by principles of legality and good faith, the user committing him/herself to the utilization of the web site, as well as the information or services supplied in accordance with the Law, morality, good manners and public order.
1.1. Through the web, ELIVINGSPANISH provides to its users information about its corporate identity, activities and sell of services (Spanish lessons), as well as access to diverse contents, data and general information as well as information of its own (hereon in referred to as “the contents” ) placed at the disposition of the users by ELIVINGSPANISH. ELIVINGSPANISH reserves the right to modify at any time the presentation, configuration and location of the web, as well as the contents and the conditions required for utilization of the same.
- Conditions for access and utilization
2.1. User requirements. Access and use of this web is restricted to persons of legal age, and therefore ELIVINGSPANISH shall be deemed to be exempt of responsibility in the event anyone should when filling in the form insert false or erroneous data in respect to the person user, corresponding in any and all cases to the user him/herself or legal representatives.
2.2. Access and utilization of the web site. The user accepts that access to and use of the web and/or of the contents included therein is undertaken freely and consciously, under his/her sole responsibility. Access to the web and/or the contents included therein implies no guarantee whatsoever in respect to the suitability of the web and/or the contents included therein for the personal or specific purposes of the users. ELIVINGSPANISH could establish additional limitations and/or conditions for the use and/or access to the web and/or its contents, and these should be observed in all cases by the users.
2.3. Authorized use of the web and of its contents. The user is under obligation and commits him/herself to an adequate and licit use of the web and of its contents, in accordance with the applicable legislation, the present general conditions for use of the web, morality and generally accepted manners and public order. The user must abstain from: a) Making any unauthorized or fraudulent use of the web and/or its contents; b) Accessing or attempting to access resources or areas of the web that are restricted, without complying with the conditions required for this access; c) Utilizing the web and/or its contents for purposes or effects that are illicit, illegal, contrary to what is established in the present general conditions, to good faith and to the public order, injurious to the rights and interests of third parties, or that in any way whatsoever could damage, make or render useless or overload the web, the image or business of ELIVINGSPANISH, or impede the normal utilization or enjoyment of the web; d) Provoke damage to the physical or logical systems of ELIVINGSPANISH, of its suppliers or of third parties; f) Attempt to access, utilize and/or manipulate the data of ELIVINGSPANISH, third party suppliers or other users; g) Reproduce or copy, distribute, permit the access of the public by means of any kind or form of public communication, transform or modify the contents, unless with the express authorization of the owner of the corresponding rights or that this is legally permitted; h) Suppress, hide or manipulate the captions and information referring to rights of intellectual or industrial property and like identifying data of the rights of ELIVINGSPANISH or of third parties incorporated into the contents, as well as the technical protection devices or any other information mechanisms that could be inserted into the contents; i) Obtain or attempt to obtain contents by means of methods or procedures different from those which, depending on the case, are to be found placed at disposition to this effect or are found to be indicated expressly in the web page where the contents are found or, in general, of those that are habitually used in Internet so as not to involve or entail risk of damage or misuse of the web and/or its contents.
2.4. Introduction of Links. Any use whatsoever of technical, logical or technological resources by virtue of which a third party could benefit, either directly or indirectly, with or without profit or gain, of all and every one of the contents, graphics and other formal expressions that make up part of this web, of the effort carried out by ELIVINGSPANISH for its function, is expressly forbidden. Specifically, any link, hyperlink, framing or similar bond, tie or link that could be established in direction to this Web Site is expressly prohibited without the prior written permission of ELIVINGSPANISH. Any transgression of what is set forth in this point shall be considered as injury to the legitimate rights of Intellectual Property of the company in respect to this web and all the contents contained therein.
2.5. The user undertakes and is obliged to refrain from carrying out activities of advertising, promotion or commercial exploitation through or utilizing the web and its contents, as well as not utilizing its contents or utilities and in particular any information obtained from the same in order to remit advertising, send messages with the objective of direct sales or with any other commercial objective, nor collect, gather or store personal data of third parties .
2.6. The user shall undertake to comply with the present conditions for access and utilization with any modifications that could be carried out in the future and that would be published immediately in the web and inserted in this section, as well as the specific conditions that shall result from the application. Likewise, the user shall undertake to comply with the special warnings or instructions for use contained in the same or in the web, and act always in good faith and in accordance with the Law, morality and good manners, employing the diligence adequate to the nature of the service enjoyed, abstaining from utilizing the web, utilities or contents in such a way that could impede, make difficult, damage or deteriorate the normal function of the same, the image or rights of ELIVINGSPANISH.
2.7. To the present effects and for any communication that may become necessary between ELIVINGSPANISH and the user, requests, questions, suggestions or complaints, one should contact by means of electronic mail email@example.com. The user expressly accepts electronic mail as means and channel of notification valid for the practice of any communication whatsoever related to the web, its use, contents and/or the acquisition of goods or services.
3.- Rights of Industrial and Intellectual Property
3.1. The web and contents are protected by the Irish Communitarian laws of intellectual and industrial property and international treaties. All rights of intellectual property referring to the application and associated tools are reserved.. The user recognizes and accepts that all rights of intellectual and industrial property referring to the contents and/or any other elements included in the web (including without limitation brand marks, logotypes, other distinctive signs, texts, images, graphics, icons, photographs, designs, sound, data bases, software, flow charts, presentation, elements of programming, web design, audio and video), belong to ELIVINGSPANISH. In no event does access to the web imply any type of relinquishment, transmission, licence or cession whatsoever, neither total nor partial, of these rights nor expectation of right, except that which is established expressly to the contrary. The present general conditions of use of the web do not confer to the users any other right of utilization, alteration exploitation, reproduction, distribution or public communication of the web and/or of its contents different from those that are herein expressly foreseen. Any other use or exploitation of any of the rights shall be subject to the previous and express authorization granted to such effect by ELIVINGSPANISH.
3.2. ELIVINGSPANISH authorizes users to utilize, visualize, print, download and store the web and its contents always provided this is compatible with the purposes or objectives of the same, that this is carried out with the sole intention of obtaining the information contained therein for exclusive personal and private use of the user. Expressly prohibited, among other things, is any use of web contents for commercial purposes, especially its distribution, public communication, transformation or decompiling, as well as for the realization of any practice or act of imitation or unfair competition. The integrity of any contents of the web shall be maintained and neither modified nor transformed. It is expressly prohibited, among other things, that the graphics, distinctive signs, icons or images available in the web be utilized, copied or distributed separately from the text or the rest of the accompanying images , and in all cases, always provided that the origin and/or author of the same be mentioned, and that, in the event, that the symbol of the copyright and/or notes referring to industrial property of the owners appear. The utilization of these elements, their reproduction, communication and/or distribution for commercial or lucrative purpose, as well as their modification, alteration or decompiling is strictly forbidden. For any other use other than those which are expressly permitted, it shall be necessary to obtain previous written consent from the owner of the rights in question.
3.4. Any unauthorized utilization of the information contained in the web, its resale, as well as the cession of the rights of intellectual or industrial property of ELIVINGSPANISH or its image in the market shall lead to and entail exigency of the legal responsibilities that proceed before the competent national or international organisms and courts.
3.5. Any act by virtue of which the user is able to exploit or make use of commercially, directly or indirectly, in its totality or partially, of any of the contents , forms, graphics and other formal expressions that are part of the web without prior written permission of ELIVINGSPANISH is prohibited. Specifically, and without being exhaustive in nature, any acts of reproduction, distribution, exhibition, transmission, retransmission, emission in any form, digitalization or making available, translation, adaptation, arrangement or any other transformation of said contents, forms, graphics and other formal expressions that make up part of the web are prohibited, inasmuch as such acts are subject to the applicable legislation in respect to material of Intellectual and Industrial Property. The works and other formal expressions contained in the web, such as contents, graphics, opinions, warnings or clarifications, are offered by ELIVINGSPANISH with the objective of providing information. This circumstance, in any case, in no way authorizes the user to carry out any of the acts referred to above, without the express written permission of the company. ELIVINGSPANISH can at any time proceed to the modification or alteration of the contents and graphics of this web, in order to adapt them to the company’s editorial format.
3.6.It is possible that the documents and the graphics published in this web could include technical inconsistencies or typographical errors. The information is subject to period changes. ELIVINGSPANISH advises that it can carry out improvements or changes without prior notice, at any time, to the services or contents described or included in this Web Site.
4.1. ELIVINGSPANISH, conscious of the risks derived from facing new challenges that involve the provision of services or the utilization of applications or of communication tools through communication networks, especially Internet, has provided very exacting security measures in order to reduce these risks. Nevertheless, ELIVINGSPANISH cannot guarantee the absolute invulnerability of its security systems, and therefore excludes itself from any type of responsibility for damages of any nature and class that could be due to the presence of virus or other elements that can produce alterations in the computer system (software and hardware).
4.2. The user is hereby informed that the utilization of electronic systems for transmission of data, electronic mail and the sending of messages to cell (mobile) phones through technological platforms does not offer any absolute guarantees in terms of security. ELIVINGSPANISH and the user mutually exonerate each other from any responsibility derived from things such as the non reception or delay of the same, error or interception of communications.
4.3. Access to the application and associated tools such as the non consented use that can be effected from the information and contents of the same is the exclusive responsibility of whosoever carries it out. ELIVINGSPANISH shall not accept responsibility for any consequence or damages that could arise from said access or use.
5.- Exclusion of Guarantees and Reasonability
5.1. Exclusion of guarantees of responsibility for the functioning of the web and information services requested. ELIVINGSPANISH does not guarantee the availability and continuity of the functioning of the web or of those other web sites with which a link has been established. Likewise, ELIVINGSPANISH shall not in any case assume responsibility for any damages that can derive, with a merely expository nature and not limiting, from a) The lack of availability or accessibility to the web or to those other sites with which a link has been established; b) The interruption in the functioning of the web or computer related failures, telephone breakdowns, disconnections, delays or blockages caused by deficiencies or overloading in the telephone lines, in the Internet system or in other electronic systems that occur during the course of functioning; c) The lack of suitability of the web for the specific needs or requirements of the users; d) Other damages that can be caused by third parties through unauthorized interventions or interferences beyond the control of ELIVINGSPANISH; e) The impossibility of providing the service or permitting access and use as a result of causes not attributable to ELIVINGSPANISH, owing to the user, and; f) The lack of permanent up-dating of the contents of the web and of differences in the information, documentation and contents of the web, or of its appearance, graphic representation and visualization with the printed version.
In order to reduce the risk of introduction of virus in the web, ELIVINGSPANISH utilizes virus detection programs to control all of the contents that it introduces into the web. Nevertheless, ELIVINGSPANISH does not guarantee the absence of virus nor of other elements in the web introduced by third parties beyond the control of ELIVINGSPANISH that could produce alterations in the physical or logical systems of the users or in the electronic documents and files stored in their systems. Consequently, ELIVINGSPANISH shall not in any case accept responsibility for any damage whatsoever of any nature that might derive from the presence of virus or other elements that can produce alterations in the physical or logical systems, electronic documents or files of the users.
ELIVINGSPANISH has adopted a number of different means of protection in order to protect the web and its contents from computer attacks by third parties. Nevertheless, ELIVINGSPANISH does not guarantee that unauthorized third parties cannot have access to the type of use of the web that the user makes or the conditions, characteristics and circumstances under which such use is carried out. Consequently, ELIVINGSPANISH shall not in any case be responsible for the damages that could derive from this unauthorized access.
ELIVINGSPANISH shall not be responsible for the inadequate functioning of the system if this is the result of maintenance work being carried out on the same, of incidences that affect international operators, of an overloading of the system not attributable to ELIVINGSPANISH, to any defective configuration of the equipment of the user or to the user’s insufficient capacity to support the computer systems that are indispensable in order to be able to make use of the system. Nor shall ELIVINGSPANISH be responsible for failures and/or damages deriving from the incompatibility of the services with other services or computer programs with which it is not specifically inter-operable.
ELIVINGSPANISH shall not be responsible for failures that are produced in the communications and networks, not guaranteeing the availability and continuity of the functioning of the applications, associated tools and services, and therefore ELIVINGSPANISH does not guarantee the non-existence of interruptions or errors in access to the application, associated tools, to their utilities or to its contents, nor that all of this will be permanently up-dated. ELIVINGSPANISH shall carry out, whenever these are of its area of competence and there are no attending causes that render it impossible or difficult to carry out, and as soon as it is aware of the errors, disconnections or lack of up-dating, all those tasks designed to rectify the errors, re-establish communication and up-date the tool or tools.
5.2 Exclusion of guarantees and of responsibility for the utilization of the web, applications and/or related services. ELIVINGSPANISH does not control, generally speaking, the utilization that the users make of the web and its applications. ELIVINGSPANISH does not guarantee nor shall it accept responsibility in any case for the use that users and/or third parties might make of the web, its contents, applications or related services, nor for any damages that can derive from the same.
5.3 Exclusion of guarantees and of responsibility in relation to the links . The web places at the disposal of the users technical linking devices that make it possible for users to access pages and/or web site belonging to and/or managed by third parties. ELIVINGSPANISH checks the existing content in these pages at the time of establishing a link to them and it does so in the belief of good faith that such contents comply with the applicable legislation. . Nevertheless, in no event does ELIVINGSPANISH accept responsibility, approve, nor make its own the products, services, contents, information, data, files and existing type of material in these web pages, and does not control nor take responsibility for, approve or make its own any successive modifications of these materials. In the event that it should be deemed opportune or be required via judicial or administrative order, ELIVINGSPANISH will remove the links to those web pages that infringe the applicable legislation and/or are injurious to the rights of third parties.
5.4. ELIVINGSPANISH declines any responsibility whatsoever for damages of any nature and type that could derive from a lack of availability or of uninterrupted continuity of the functioning of the service brought about by causes beyond its will, of the loss of benefit or usefulness expected that ELIVINGSPANISH or its users had been able to attribute to the utilities or services, or the fallibility of all this. ELIVINGSPANISH shall not be responsible in any case for any special or indirect damage whatsoever, or for any other damage from which derives a loss of utilization, data or benefits, nor in any legal action due to contract, negligence or of any other type, derived or related to the use, performance or the information available in the web.
6.- Actions in the event of failure to comply
6.1. ELIVINGSPANISH reserves the right to exercise whatever and as many actions as it has a legal right to in accordance with current Law and applicable at any time and case in order to demand responsibilities deriving from failure to comply with any of the stipulations or requirements of these general conditions for use of the web and/or related service on the part of a user.
7.1. The declaration of any of these general conditions for access and use as being null, invalid or ineffectual shall not affect the validity or efficacy of the rest, which shall continue to be binding among the parties. The relinquishment by any of the parties to demand at any given time the compliance of any of the general conditions herein stipulated shall not imply a general relinquishment of other condition or conditions, nor shall this create an acquired right for the other party
8.- Applicable Law and Competent Jurisdiction
8.1. The present general conditions for access and use of the web shall be regulated and interpreted in accordance with the Laws of Ireland. For the resolution of any controversy that could derive from access and use of the web, the user and ELIVINGSPANISH shall submit, with express relinquishment to any other jurisdiction that could correspond, to the Courts.