1. Ownership of the website WWW.KIDSANDUS.ES
Pursuant to Act 34/2002 of 11 June on Information Society Services and e-Commerce (with initials in Spanish LSSI-CE), users are hereby informed that the owner of the website is:
Owner: KIDS&US ENGLISH, S.L.
Registered address: C/ Cardenal Lluch, nº 5, despacho 1, edificio Catalònia 08242, Manresa (Barcelona) (Spain)
Tel. +34 93 875 33 45
RECORDED in the Companies Register of Barcelona, Volume 39900, Folio 16, Sheet B-355982, with Tax Identification Code (CIF) B-64622087.
When a person browses, access and uses the website they are attributed the condition user (hereinafter referred to as the “User”), which means they accept all of the terms and conditions contained in this Disclaimer, as well as any modifications made thereto, since KIDS&US ENGLISH, S.L. (hereinafter referred to as KIDS&US) reserves the right to make modifications and update the information contained on the website, the configuration and design thereof and the terms and conditions for access at any time and with no need for prior notice.
Therefore, the user must always read this Disclaimer, every time they access the Website, since it and its terms and conditions for use contained in this Disclaimer may undergo modifications. In any case, the mere act of using and browsing this Website will always mean that the User accepts their condition as such, with no reserves regarding each and every one of these general terms and conditions for access and use.
2. INTELLECTUAL AND INDUSTRIAL PROPERTY
All of the content hosted on the website, such as (merely for the purpose of example), texts, photos, graphics, videos, images, icons, technology, software, links, and other audio-visual content, as well as its graphic design and source code, are property of KIDS&US, which owns the rights to use and exploitation and, as such, these are works covered by national and international legislation regarding intellectual and industrial property rights, applicable at any given time; therefore none of the usage rights granted by the legislation in force regarding intellectual property rights can be deemed to be granted to the User.
Therefore, based on the legislation regarding intellectual property and the provisions in force at any given time, it is expressly prohibited to use any of the of the content that appears on the website, in part or in full, as well as to copy, reproduce, adapt, modify or transform any of the content on the website, or to distribute or publish all or part of the content, even in the way that it was made available, for commercial purposes, in any format and on any device, without express written authorisation from KIDS&US.
Trademarks, trade names or distinctive signs are owed by KIDS&US, and accessing the website does not mean that any rights are granted regarding such trademarks, trade names and/or distinctive signs.
Therefore, the User merely accessing the website means that they undertake to respect KIDS&US’s intellectual and industrial property rights.
3. Hyperlinks and/or Links
Among the content found on the website, there may be links to other websites, managed by third parties in ordered to provide the User with access to information available on the Internet.
KIDS&US takes no responsibility for the existence of links to third party websites outside of KIDS&US, and the links that may be found on the website are merely for the user’s information; under no circumstances do they place KIDS&US in the position of guarantor and/or part of the provider of the services and/or information that may be offered by third parties on the linked sites. Therefore, KIDS&US takes no responsibility for any damages caused by the quality of the content and/or services on the linked sites, or them being illegal, not up-to-date, incorrect or not useful, or for any other damage.
Therefore, KIDS&US takes no responsibility for any of the services and/or information provided on pages linked to from this site. The User is hereby informed that if they believe any of the linked sites have illegal or inappropriate content, they can report this to KIDS&US by email.
Lastly, it is prohibited to include links to KIDS&US from third party website for marketing, commercial or association purposes, without express written authorisation and/or consent. If authorised by KIDS&US, terms and conditions will be stipulated for including links from such website to the KIDS&US website.
4. Terms and Conditions for Using the Website
The User acknowledges and accepts that they are accessing and using the Website of their own free will and on their own responsibility.
Therefore, the User undertakes to use the website correctly and legally, in accordance with the Law, this Disclaimer, and with good faith and public order, and to refrain from using the website in any way that may prevent or damage its normal running, the assets, rights and interests of KIDS&US, its suppliers, other users and, in general, any third party or in any other way that might overwhelm, damage or disable KIDS&US’s networks, servers and other hardware or software, or those of third parties, for which the User will be responsible with KIDS&US or with third parties regarding any damage that might be caused as a result of the breach of such obligations.
When the User is on this website, they must also not carry out any of the following actions (merely by means of example, this list may be modified):
- Using viruses or any file or program designed to damage, interrupt or limit the running of the website, or of any of KIDS&US’s services or networks, any software, hardware or mobile devices, or damage or gain unauthorised access to data or any other information belonging to KIDS&US or any third parties.
- Commit identity fraud, interfere or disrupt any of the services, servers or networks connected to the services or breach any of the requirements or regulations of the networks connected to the services.
- It is forbidden to use fake identities or to forge the identity of others when using the website or any of its services, as well as to use third parties’ passwords or access codes, or in any other way.
- To forge or alter any of KIDS&US’s information.
- It is forbidden to enter, store or supply, on or from the website, any information that goes against the law, regulations, customs and public order, as well as any information that might be slanderous, libellous, obscene, threatening, xenophobic, incitement to violence, discriminatory against any race, sex, ideology, religion or in any other way, goes against morality, public order, fundamental right, public liberty, honour, the privacy or image rights of third parties and, in general, the legislation in force.
- Not to carry out any marketing or commercial activity through the website, and not to use the content or information to send out advertisements, send messages with any other commercial purposes or for collecting or storing third party data.
- To collaborate with third parties to carry out any of the aforementioned activities.
4.2 Regarding the contents any intellectual and industrial property rights, apart from those mentioned in the corresponding section, there are the following:
- Under no circumstances, do not reproduce the KIDS&US website or any of its content, not even through hyperlinks, unless you have express written authorisation from KIDS&US.
- Do not delete, remove or alter the copyright or any other data identifying for the rights of their holders that are included in the content, or the protection systems, or any of the information mechanisms that may hold the content.
- Do not alter, reprogram, change, adapt or translate the source code on this website.
- Any partial or total reproduction of the source code on this website in any format shall be deemed to be an unauthorised copy.
- It is also prohibited to reproduce or copy the content deemed to be software or databases in accordance with the legislation in force regarding intellectual property for private use, as well as publishing it or making it available to third parties, when this necessarily involves it being reproduced by the User or a third party.
- Do not use the website to enter, store or share any content that may infringe the intellectual or industrial property rights or third party trade secrets and, in general, any content for which they do not hold the right to share it with third parties in accordance with the Law.
- Collaborating with third parties to carry out any of the aforementioned activities.
5. Liability Disclaimer
Under no circumstances can KIDS&US be held responsible for the situations listed below, (merely for the purpose of example), or any damage caused thereby.
- KIDS&US takes no responsibility for the delays, deletions, incorrect deliveries or failures when storing communications from Users or their personal settings.
- KIDS&US also does not take any responsibility for the decisions taken based on the information provided on the Website, nor for any damage caused to the User or to third parties as a result of the actions taken based merely on information taken from the Website.
- KIDS&US reserves the right to deny its services to any person for any reason and/or to interrupt all or part of the service at any given time, with or without forewarning.
- The use of the Website is subject to the applicable legislation and the User is solely responsible for the content of any communications they make through the Website.
- Accessing the Website does not mean that KIDS&US is under any obligation to check that there are no viruses, worms or any other harmful elements. In any case, the User is responsible for having the right software for detecting and removing harmful files.
- KIDS&US takes no responsibility for any damage caused to the Users’ hardware or that of third parties when using the services on the Website.
- KIDS&US provides no guarantees and takes no responsibility under any circumstances, for any damage that may be caused by accessing the content on the Website.
KIDS&US takes no responsibility for the following:
- Any possible security errors that may occur due to using computers with viruses.
- Third parties using elements that belong to KIDS&US that may be confused with its identity.
- Third parties breaching intellectual and industrial property rights.
- Third party infringements that may affect the users of the KIDS&US website.
- The website or any of its services not working for reasons beyond the control of KIDS&US.
- The consequences of the browser not working properly or the user not using the most up-to-date version thereof.
- The existence of viruses or malware in the content.
- The illegal, negligent or fraudulent use of the Website or its contents, or that which goes against this Disclaimer, good faith or public order by the user.
- Any damage caused to the User due to failures or downtime of the networkers, IT failures that cause the services on the Website to be suspended, cancelled or disrupted when the services are being provided or beforehand.
Regarding the content and the services linked to from the Website, we hereby refer to section 3 of this Disclaimer regarding links and/or hyperlinks.
6. Queries, claims and reporting illegal or inappropriate use
For any suggestions, queries, complaints or claims, the User can contact KIDS&US using the currently available communications channels, or those that may become available in the future, such as:
- Tel. +34 93 875 33 45
- email: email@example.com
Such communications channels will also be valid for any user to inform KIDS&US if they become aware of any of the Links connecting to pages with illegal, harmful, defamatory, violent or immoral content or services.
Furthermore, if KIDS&US receives any communication, this does not directly result in effective knowledge of the activity and/or content stated by the User, in accordance with Act 34/2002.
7. Applicable legislation and jurisdiction
This Disclaimer, in each and every one of its points, is governed by Spanish National Law, in force at any given time, which shall be used to resolve any dispute regarding this Disclaimer.
Should there be any dispute regarding the interpretation or application of these legal terms and conditions, they shall be submitted to the Courts or Tribunals stipulated by the applicable legislation regarding the competent jurisdiction. However, if the User’s address is outside of Spain, both parties agree to submit the dispute to the Courts and Tribunals of Manresa (Spain), expressly waiving any other jurisdiction that may be applicable thereto.
According to the legislation in force regarding Personal Data Protection, personal data is deemed to be “any information regarding identified or identifiable natural persons.”
KIDS&US ENGLISH, S.L.., with registered offices at C/ Cardenal Lluch, nº 5, despacho 1, edificio Catalònia, 08242 Manresa (hereinafter referred to as “KIDS&US”) complies with the requirements stipulated in the legislation in force regarding Personal Data Protection and the regulations that develop it.
What personal data is collected?
Furthermore, we hereby inform you that the fields in the forms need to be filled out, and as such, leaving out any of them could mean that we cannot process your request, unless there are optional fields on the form.
Similarly, when the User provides their personal data, using the contact email(s) that may appear on the Website, they are expressly authorising KIDS&US to process their personal data to handle their services requested.
Regarding security and protection, we hereby inform you that your data will be processed using the digital means, levels of security and degree of protection as stipulated by Law, to avoid the loss, misuse, alteration, unauthorised access or theft of the data you have provided through the Website and they will be processed with the necessary confidentiality and secrecy.
KIDS&US will not collect or process the person data of people below the age of fourteen (14).
However, given its content, the Website may be attractive to minors. In this respect, KIDS&US encourages parents to supervise their children’s online activity, for example, by using parental control tools offered by various software companies, which help to provide a safe digital environment for minors.
Such tools can also help avoid minors under fourteen (14) from sharing their name, address and other personal data digitally, without the consent of their parents.
KIDS&US reserves the right to check the ages of any user that has provided their data via the Website by any means it deems appropriate and, where applicable, to deny such user access to the services offered and to remove and delete their data. However, since it is extremely difficult to determine the true age of people who share their data on the Website, if you happen to discover that your children have provided their data, please contact KIDS & US on the following email address: firstname.lastname@example.org
Lastly, we wish to inform you that you can exercise your rights to access, correct, delete and oppose your data according to the provisions of data protection legislations, by contacting KIDS&US on the following email address: Info@kidsandus.es or by sending a letter to C/ Canonge Montanyà 1-5 baixos, 08242 Manresa - Tel. +34 93 875 33 45