TERMS AND CONDITIONS OF USE
This document governs access, browsing and use of Santillana's applications and the tools accessible through them (henceforth, the "App"), which is managed by its developer and owner, the Sanoma Educación, S.L.U. company (henceforth, "Santillana"), the identifying details of which are set out below. Access and use of the App entail the explicit and unreserved acceptance of all the Terms and Conditions of use herein set out (the "Terms and Conditions"), which have the same validity and effect as any contract drawn up and signed in writing. Any person who accesses or uses the App will be required to adhere to and comply with them. If users are not in agreement with the terms and conditions set out, they should not access or use the App.
1. Identity of the App owner
Owner: Sanoma Educación, S.L.U.
Registered offices: Ronda de Europa, 5, (28760 Tres Cantos, Madrid).
Spanish fiscal ID no.: B-28119261
Inscribed in the Mercantile Register of Madrid volume 930, folio 33, section 8, sheet M-11470, inscription 1.
2. Objective and scope of application
ese Terms and Conditions of use govern access and use of the App and all the tools and materials contained therein, without prejudice to the fact that Santillana reserves the right to modify the presentation, configuration and content of the same, as well as the conditions required for their access and/or use. Modifications to the terms and conditions of these Terms and Conditions will be published in the same way as this appears or via any type of communication directed at the users. Access to and use of the App and its content after modifications or changes to the Terms and Conditions have come into force shall entail acceptance of the same.
Notwithstanding this, access to specific content and the use of specific services may be subject to certain specific conditions, which shall in all events be clearly displayed. Such specific conditions may replace, complement or, if applicable, modify the terms in these Terms and Conditions. In the event of contradiction, the aforesaid specific conditions shall prevail.
3. Access to the App, registration and security
Access to the App may require registration of the user who is proposing to use it. In cases where accessing the App does not require the prior registration of the user, it will be necessary to provide either a licence code for the product that has been acquired or the codes of the e-vocación platform in order to access it.
The registration process will require the provision of user ID details or details of the content licence for the creation of an account. Once the registration process has been completed on the App, users will be able to access it using the user name and password that have been freely chosen.
Users aged 14 and over at the time of registering on the App will be able to complete this process in their own name. However, users aged under 14 at the time of registering will need to be authorised and supervised by their parents or legal guardians in the registration process, it being necessary to provide any ID data required of the parent or guardian authorising and supervising such registration.
In the registration process users accept and undertake to (i) provide truthful, exact and up-to-date information about themselves, their father, mother or guardian in the registration process, (ii) maintain and update this information in a timely manner such that it continues being true, exact, up-to-date and complete. If they provide any information that is not true, exact, up-to-date or complete, or if Santillana has reasonable grounds for suspecting that such information is not true, exact, up-to-date or complete, Santillana has the right to suspend or cancel their accounts and deny them current and future use of the App.
All the information that users provide in the process of registering on the App or by other means shall be governed by the Security Policy.
Users must treat their user names and passwords as confidential information, not revealing them to any other person. Providing a user name and password to a third party in order to access the App constitutes impersonation, which is why users acknowledge that their accounts are designed for personal educational use and that they will not provide this information to third parties so as to enable them to access the App. Thus the user will be the only person responsible for the activities that are carried out on his or her account. In the event that users become aware of any non-authorised access to their account by a third party, they undertake to notify Santillana as quickly as possible, and likewise any possible breach of their access credentials.
On those platforms where this option is permitted, users may modify their passwords at any time using the section designed to this effect in their profile on the App. In the event that users fail to remember their passwords, they may request password restoration using the method available on the App. The user is the only person authorised to request such restoration.
4. Use of the App
Users may use the App and all the functionalities that it includes on a device, any temporary or secondary reproduction of the same or its content being authorised, on condition that this is not voluntary and forms and integral and essential part of the technological transmission process. The permitted use must be strictly personal and aimed at educational ends within the framework of education regulated in Spain.
Any use or operation involving the reproduction, distribution, public communication or transformation of the App, its contents, the products downloaded and the copies of all these, as well as those uses that may be against the law, good practice and good faith are prohibited, and especially:
· Any use outside the personal and private sphere, especially those that have commercial or private ends.
· Its modification and, in general, any transformation of the same, including translation, adaptation, repair or any other, including the correction of errors in the software that comprises it, or the creation of successive or derived versions.
· Its loading and/or use in any system or network of computers, tablets or any other device enabling its reproduction or use, even if access to the same may not be carried out simultaneously by the various users of such a network.
· Any type of extraction, public communication and/or transmission, wholly or in part, by any means, outside of the private scope of permitted use and, especially, its incorporation into any other work, collection or database.
· The removal, concealment or falsification of the notices and warnings regarding the App's Intellectual and Industrial Property.
· Using the App in ways that may provoke harm, interruptions, inefficiencies or defects in its operations or the computer of a third party;
· Using the App for the transmission, installation or publication of any virus, malicious code or other harmful programs or files;
· Using the App to transmit material for advertising or promotional purposes, including spam, chain emails or the like;
· Using the App in a manner that constitutes a breach of Santillana's or any third party's rights;
· Using the App to transmit or publish any material of a defamatory, offensive, racist, vulgar, denigratory, pornographic or obscene or threatening nature or that may constitute harassment to any individual;
· Using the App to collect other users' data of a personal nature;
· Using the App in an illegal way, contrary to good faith, morality or public order;
· Using the App to disseminate content that impinges against the image and reputation of Santillana and third parties;
· Accessing the App with a false ID, impersonating third parties or using a profile or carrying out any action that may confound other users as to the identity of the origin of a message;
· Accessing without authorisation any section or tool of the App, other systems or networks connected to it, any Santillana server or the services offered through the App by means of piracy or falsification, extraction of passwords or any other illicit means;
· Circumventing, or trying to circumvent, the security and authentication measures of the App or any network connected thereto, or the security and protection measures inherent in the content offered on the App;
· Committing any act that causes a disproportionate or unnecessary saturation of the App infrastructure or the Santillana systems or networks, including the systems and networks connected to the App; and
· The operations and activities explicitly prohibited in any other sections of these General Conditions and, in general, any that may harm the normal operations of the app, Santillana, other users or any other third party.
Breach of any of the foregoing obligations on the part of the user may lead to Santillana taking the necessary steps, which may include the immediate deletion or blocking of the non-compliant user's account, without this giving the user in question the right to any compensation whatsoever.
Santillana does not control the content published by users on the App and accepts no liability whatsoever for such content. Moreover, Santillana does not monitor the content that users create and publish within the framework of its functions pertaining to educational endeavours, this being the sole responsibility of the user who publishes it. Santillana assumes that the content published by such users within the framework of its functions meets the criteria of proportionality and is appropriate to the educational goal being pursued. Notwithstanding this, Santillana reserves the possibility of supervising and/or moderating any content published by users and, in the event that it breaches these Terms and Conditions or the App's Security Policy, of editing and deleting it.
Furthermore, if users find any information or content on the App that might be inappropriate, in breach of the prevailing regulations or contrary to the conditions set out in the App, we request that they bring it to the immediate attention of Santillana via the various channels provided to this end.
5. Intellectual Property
Santillana is the sole owner of all the intellectual and industrial property rights relating the App, as well as the distinct elements that comprise it, taken individually, and of all the content that can be accessed and used through it except in such cases that are notified as such, including, but not limited to, the platform itself, texts, photographs and illustrations, logos, trademarks, graphic design, designs, books, educational material, musical works, sound recordings, audiovisual recordings and works, dynamics, tools, interfaces and any other information or content, and the services available through the same. In those cases where Santillana is not the owner of all the intellectual and industrial property rights relating to examples of content accessible through the App, Santillana possesses a licence that suffices for its exploitation.
Under no circumstances shall it be deemed that access and use of the App by the user or the use, acquisition and/or purchase of products or services offered via the App entails a renouncement, transmission, licence or assignment, wholly or in part, of such rights on the part of Santillana. The user has a right to the use of the content and/or services of the App within a strictly domestic setting and only for the educational and training purpose envisaged in accordance with these Terms and Conditions.
The App functions moreover as a viewer of content not initially included in it. The App only allows the inclusion of content in it if the content is the property of Santillana and is published and marketed by the latter. To view such content via the App users must obtain a usage licence regarding such content, this not conferring any right whatsoever over the content and Santillana retaining ownership and control over it. These Terms and Conditions apply equally to such content incorporated into the App on being used, accessed or viewed through it.
References to trademarks and registered business names, or other distinguishing features, whether owned by Santillana or third-party companies, implicitly entail prohibition on their use without the consent of Santillana or their legitimate owners. Unless explicitly stated otherwise, at no time does accessing or use of the App and/or its content confer on the user any right whatsoever regarding the distinguishing features included in it.
All intellectual and industrial property rights pertaining to the content and/or services offered through the App are reserved and, in particular, modifying, copying, reproducing, publicly communicating, transforming or distributing, by any means and under any format, all or part of the content included in the App or accessible or viewable through it, for any purpose, whether private, public or commercial, unless it has been given prior, explicit and written authorisation by Santillana or, if applicable, the owner of the rights in question, is prohibited.
Moreover it is forbidden to delete or manipulate the indications of intellectual property/copyright or other credits that identify the App's rights owners or of the content that users find in the App, as well as the technical protection devices, digital fingerprints or any protection mechanism or information incorporated into the App and the contents offered in the App.
The inclusion of links to third parties may not be construed as a compilation of press articles, even though some of them may lead to news outlets, with the consequence that this App activity does not fall under the conduct addressed in article 32 of the Intellectual Property Law.
In the event that users send information of any nature to Santillana via any of the channels provided for this purpose, the users declare, undertake and accept that they have the unencumbered right to do so, that such information does not infringe any intellectual, industrial, commercial confidentiality or any other right of third parties, and that such information is not confidential in nature and is not prejudicial to third parties.
Users acknowledge that they accept liability, indemnifying Santillana for any communication they provide personally or in their name, such liability unreservedly extending to include the exactitude, legality, originality and ownership of the same.
If users become aware of the existence of any content that is illicit, illegal, unlawful or that may constitute a breach of intellectual and/or industrial property rights, they must immediately notify Santillana to enable the latter to take the appropriate steps.
The use and/or uploading of the contents of the Website/App and any content owned by Santillana wholly or in part, in or to any tool, application, website or service (online or offline) whatsoever, whether or not based on artificial intelligence developments of any kind, machine learning or deep learning, that use the uploaded or incorporated content for the generation of derived content, regardless of the purposes for which such tools or derived content are or may be used and whether or not any of them have commercial or profit-making ends, shall be strictly prohibited.
In addition, the use of any automated means whatsoever to compile, read or generate content derived wholly or in part from the contents of the Website/App of from content owned by Santillana, including, but not limited to, for the purposes of text or data mining, automated learning, development and/or training of artificial intelligence of any kind, training and/or enrichment of algorithms and/or for making the content available to the public, in any form and using any process, without the prior explicit and written consent of Santilllana, shall be strictly prohibited.
6. Contributions of the user
Users will retain all intellectual property rights pertaining to the content contributions they make through the App within the framework of developing the educational and didactic function. Notwithstanding this, by providing or uploading any contribution to the App, users transfer, by virtue of this document, to Santillana and all the companies in its group, a non-exclusive, worldwide, royalty-free, transferable, sub-licensable, perpetual and irrevocable licence to copy, reproduce, upload, store, distribute, transform, modify, adapt, publicly communicate, publish, use and exploit in any way such a user contribution in any medium, format, technology or distribution method and for any end (commercial or otherwise).
Users declare and undertake that (i) they own or possess a licence for all the rights, titles and interests concerning their contributions, (ii) they have the right to bestow the licences previously granted; and (iii) all their contributions comply and will comply with these Terms and Conditions.
Users understand and acknowledge that they are responsible for all the contributions they make and that they release Santillana from any liability stemming from these or their content, and therefore users undertake not to upload content to the App that could prove offensive, discriminatory or could promote or aid abusive behaviours or that are contrary to morality and public order.
In the case of users who upload to the application lists of students, ratings, comments and other academic and/or personal information related to other users or any other person, they may upload it to the App only within the context of their work in the educational role they discharge and without sharing it with third parties who lack any connection or interest in such information.
Moreover, users acknowledge that Santillana does not analyse the contributions and will have the right, but not the obligation, at its discretion, to reject or withdraw any content available through the App. Without restriction to the foregoing, Santillana will have the right to withdraw any content that breaches these Terms and Conditions or that Santillana deems, in accordance with its exclusive judgement, unacceptable for any other reason.
Users also understand and acknowledge that third parties may illegally copy, without their or our consent, their contributions, accepting that Santillana will not be liable to users for any illegal copying of their contributions as users.
Any content, contribution or submission from users that is based on materials or content owned by Santillana will become the property of the latter on being uploaded or shared on the App.
Santillana may place at users' disposal, by means of various tools and applications, links that enable users to access the profiles that Santillana maintains on various platforms and social media sites belonging to and/or managed by third parties (e.g. Facebook, Twitter, Instagram, YouTube, etc.). The sole purpose of the inclusion of these links in the App is to facilitate users' access to such channels on the various platforms and social media sites.
The establishment of these links does not entail the existence of any relationship between Santillana and the owner, creator or distributor of the linked platform, nor the acceptance or approval on the part of Santillana of its content and/or services, the owner, creator or distributor being the only entity responsible for the same.
Under no circumstances will Santillana share with Facebook, Twitter or any other social network that may be added in the future any type of private information about its users, its only purpose being that established in these Terms and Conditions, as well as in the App's Security Policy. In this respect all the information that users wish to provide to these platforms will be under their own responsibility, Santillana not intervening in such a process.
The activation and use of these links may involve the identification and authentication of users (login/password) on the platforms in question, which are entirely external to the App and outside Santillana's control. By accessing such external networks, users enter an environment not controlled by Santillana, such that the latter does not accept any liability for the security configurations of such environments.
Given that Santillana exercises no control whatsoever over the content stored in such channels, users acknowledge and accept that Santillana does not accept any liability for the content or services users may access on such pages, or for any content, product, service, advertising or any other material available on the same. For this reason, users must exercise caution in the assessment and use of the information, content and services existing in the linked channels, and regarding their own and third parties' information that they wish to share in such channels.
The tools and content accessible via the App are designed for educational purposes in accordance with the school curriculum set by the public administrations of Spain.
Santillana is not responsible for the subsequent use, application, interpretation or development that users, teachers or students may make of the materials and content accessible through the App. Furthermore, it will not be responsible for any document, information or material created by third parties with or on the basis of the content accessible through the App.
Use of the educational materials created by Santillana accessible through or that form part of the App only ensures compliance with the standards required by the Spanish educational authorities for each year group and subject. Thus, use of the App and the materials contained therein and accessible through it does not ensure any academic result whatsoever, nor the acquisition of any qualification or diploma.
9. Responsibilities and guarantees
The App, the content displayed on it and any tool or service accessible via the App are offered on the present condition, without offering any guarantee whatsoever regarding its content or functionality or, in particular, regarding its appropriateness for any specific purpose. Moreover, Santillana reserves the right to interrupt, discontinue or modify, temporarily or permanently, access to, downloading and use of the App for any reason and without need for prior notice. Users acknowledge and accept that Santillana will not be liable in any way for such interruption or modification or for any harm that this may cause users directly or indirectly.
Santillana will not be liable, up to the maximum permitted by the applicable legislation, for any loss, damages or unobtained earnings as the direct or indirect consequence of the (i) functionality of the App, (ii) the content accessible through it, (iii) the content or publications made by users and third parties that can be viewed via the App, (iv) access to or inability to access the App, (v) any leak or loss of information or data of a personal nature or (vi) any other behaviour or content that breaches these Terms and Conditions.
Santillana cannot guarantee the reliability, utility or truthfulness of absolutely all the information and/or services accessible through the App, or the utility or truthfulness of the documentation made available through it. (i) the continuity of the App content; (ii) the absence of errors in such content; (iii) the absence of viruses and/or other harmful components in the App or the server that hosts it; (iv) the inviolability of the App and/or the impossibility of breaching the security measures that are taken in the same; (v) the lack of utility or performance of the content of the App; or (vi) the damages or harm caused, to themselves or to a third party, by any persons who infringe the conditions, regulations and instructions that Santillana establishes in the App or by breaching the security systems of the App.
Santillana declares that it has taken all necessary measures, within its possibilities and the state of technology, to ensure the functioning of the App and reduce system errors to a minimum, both from the technical perspective and that of the content on the App, as well as to avoid the existence and transmission of viruses and other elements harmful to users' computer systems.
Santillana does not guarantee the lawfulness, reliability or utility of the content provided by users and third parties via the App. If users become aware of the existence of any content that is illicit, illegal, unlawful or that may constitute a breach of the rights of third parties, they must immediately notify Santillana to enable the latter to take the appropriate steps.
Santillana will not be liable for the truthfulness, integrity or updating the information published on the App originating from sources unconnected to Santillana, or the content displayed on other platforms that are linked to via the App. Santillana will not accept any liability whatsoever for any hypothetical harm that may stem from the use of such information.
Santillana will not be liable for the content published by users in the context of their educational work, the users being the only parties liable for their appropriateness, proportionality, purpose and compliance with the applicable regulations.
10. Maintenance and updates
Santillana will carry out maintenance and updates on the App whenever it deems them necessary. The App is thus subject to ongoing changes and improvements at the discretion of Santillana, as well as possible modifications to ensure compliance with the prevailing legislation at all times. Moreover, Santillana may subject the App to a maintenance service in cases where issues or problems are detected in the way it operates.
Updates to the App and its content and maintenance services will only be received by those Apps that have been downloaded from official app stores, an internet connection being moreover required by the user. In cases where users download the App and do not maintain a stable and continuous internet connection, and those in which the App is obtained through channels other than the official stores for each device, Santillana cannot guarantee that the App and its content are updated or subjected to the appropriate maintenance. Users thus accept and acknowledge that, having obtained the App through a channel other than those mentioned or not keeping the App continuously connected to the internet they will not obtain the updates designed and foreseen by Santillana or the appropriate maintenance service, this potentially impeding, restricting or limiting access to the App due to not having the latest App update.
Santillana will not be liable for any damages, harm, unobtained earnings or inconvenience suffered by users owing to lack of App updates or maintenance in these circumstances or for any malfunctioning of the App owing to the impossibility of providing such maintenance and updating services.
11. Suspension of access to the App
Regardless of the provisions that may be set out in their specific conditions, Santillana will have the ability to terminate, suspend or interrupt, at any time and without the need for advance notification, access to the App, without the possibility on the part of the user to demand any compensation whatsoever. Following such suspension, the prohibitions on content use set out above in these Terms and Conditions shall remain in force.
Moreover, if users fail to comply with these Terms and Conditions, Santillana may automatically and without advance warning suspend and cancel their profile, and under no circumstances will such a suspension or cancellation give users the right to any compensation whatsoever. To this end, Santillana hereby gives notice that it may notify and collaborate appropriately with the competent law enforcement and judicial authorities if any infringement of the prevailing legislation is detected or the commission of any crime is suspected.
12. Data Protection
In accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and Council, dated 27 April 2016, relating to the protection of data of natural persons, all the data of a personal nature provided during use of and registration on the App will be processed in accordance with the provisions of the Security Policy that all users must explicitly accept in order to be able to send queries, questions and requests and upload content via the App.
The headings of the various clauses are for information purposes only and will not affect, qualify or extend the interpretation of these Terms and Conditions. Moreover, Santillana may modify at any time the Terms and Conditions herein set out, wholly or in part. Such modifications will be applicable from the moment they are published by Santillana, there being no need to notify users of the same. Users accept and acknowledge that they will remain bound by the Terms and Conditions and their updates in force at all times from the moment they use the App.
The temporal validity of these Terms and Conditions therefore coincides with the time they remain on display, until they are modified wholly or in part, at which time the modified Terms and Conditions will become valid. Users will only cease to be bound by these Terms and Conditions in the event that they permanently delete their account or if Santillana blocks their access to the App temporarily or permanently.
The purchase of any paid-for product and/or service offered by Santillana via the App will be regulated by the general and/or individual conditions of each specific service established for this purpose. Moreover, the use of content viewed through the App that may have been obtained via the Santillana virtual store may be subject to other specific conditions of use.
In the event of there being a discrepancy between the provisions set out in these Terms and Conditions and the individual conditions or each specific service or content accessible through the App, the provisions set out in the latter shall prevail.
In the event of any provision of these Terms and Conditions being declared null and void or inapplicable, wholly or in part, by any court, tribunal or competent administrative body, such nullity or inapplicability shall not affect the remaining provisions.
The decision by Santillana to exercise or otherwise any right or provision contained in these Terms and Conditions shall not constitute a renunciation of the same, barring written acknowledgement and agreement on its part.
14. Applicable legislation and competent jurisdiction
The prevailing regulations shall determine the laws that will govern and the jurisdiction that will try relations between Santillana and its users. However, whenever such regulations contemplate the possibility of the parties submitting themselves to a particular legislation, the prevailing Spanish legislation at the time of the proceedings will apply to all legal issues stemming from or related to this App. Furthermore, Santillana and its users, explicitly renouncing any other jurisdiction that may apply to them, submit themselves to the courts and tribunals of Madrid.
To submit complaints regarding the use of our services, users may put them in writing and address them to the Santillana legal team at the email or postal addresses set out in the "identification" section, Santillana being committed at all times to finding an amicable solution to the dispute.
15. Legal action
Santillana will prosecute any breach of these Conditions of Use, as well as any improper use of the App or its content, breaches of the rights that pertain to it or its licensees, especially those involving Intellectual and Industrial Property, taking all the civil and criminal proceedings that may be applicable in Law.