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Licenses and terms of use

1. Object

This document includes the license agreements established between Create Play & Learn, S.L. (the Licensor) and the Licensee. For these purposes, Licensee is understood to be the natural or legal person who accesses and exploits the contents of Educaplay (www.educaplay.com) for their own use. In the event that the Licensee is a legal person, the natural person who registers and makes use of the Educaplay services on behalf of the previous one, declares and guarantees to be duly empowered to contract and act on behalf of its client.

The registration and / or use of Educaplay services implies the express and unreserved agreement of the provisions of this document. The Licensee and, where appropriate, its users, undertake to safeguard and make confidential the user identifiers and access codes indicated, and must contact the Licensor in the event of theft, loss or improper use of the same by third parties. Otherwise, the Licensee will be responsible for all the consequences or damages that a fraudulent or inappropriate use of the same could cause. The user can register in Educaplay through other platforms, from which they will obtain the necessary data to do so.

Educaplay consists of a platform geared towards gamification, which allows creating multimedia activities and, depending on the contracted license, sharing them with third parties.

2. License modalities

The use, functionalities and limitations of Educaplay depend on the type of license contracted. Therefore, the Licensee will not have access to additional functionalities to those provided in his specific license.

For these purposes, there are the following licensing options:

2.1 Free License

  1. Under this modality, the Licensee may only create activities for non-commercial use (therefore, not for direct or indirect profit). At least one copy of each activity generated will be visible to third parties without restrictions within the Educaplay platform.
  2. All the activities created will be tagged and will incorporate the "Educaplay" brand, and may incorporate third-party advertising.
  3. The score and time results obtained by users of the activities created under this license will be stored for a maximum period of 1 month, after which they will be automatically deleted.
  4. The Licensee will have 5 trial insertions in the platforms / services Google Classroom, Microsoft Teams or through LTI (Learning Tools Interoperability) tools. Once the activity insertion process is carried out on these platforms / services 5 times, it will not be available again, in any case, until a Premium Plus or Premium Commercial license is acquired. The use of Google Classroom, Microsoft Teams or other tools, platforms or services will be carried out in accordance with the licenses corresponding to the above.

2.2 NoAds License

  1. This license will have the same functionalities and limitations as the Free License, except for what is indicated here.
  2. The activities created under this license will not incorporate third party advertising. The labeling and insertion of brands or references to Educaplay will not be considered advertising for these purposes.
  3. By default, the activities created by the Licensee will be accessible for free within Educaplay. Notwithstanding the foregoing, the privacy of the activities may be changed so that they are not publicly visible.
  4. The Licensee may establish that the activities cannot be accessible to third parties anonymously (therefore, requiring registration / identification).
  5. The Licensee will have access to additional functionalities in the creation of activities, such as disabling showing the correct answers at the end, adding a text when an activity is successfully completed, or disabling the restart and social share buttons of the activity.

2.3 Plus License

  1. This license will have the same functionalities and limitations as the No Ads License, except for what is indicated here.
  2. The score and time results obtained during the term of this license will be stored for a maximum period of 1 (one) year, after which they will be automatically deleted.
  3. The Licensee may incorporate, link and make use of its activities in the platforms / services Google Classroom, Microsoft Teams or through LTI tools (Learning Tools Interoperability), without limitation in number. The use of Google Classroom, Microsoft Teams or other tools, platforms or services will be carried out in accordance with the licenses corresponding to the above.
  4. The Licensee will be able to consult the answers provided by the players in their activities, in addition to consulting the score and time results.
  5. The Licensee may download in SCORM format the files of the activities developed by himself to integrate them in any compatible system, but he will not be authorized to transform or manipulate them beyond what is strictly necessary to its integration.

2.4 Commercial License

  1. This license will have the same functionalities and limitations as the Plus License, except for what is indicated here.
  2. The score and time results obtained by users of the activities created under this license will be stored for a maximum period of 5 (five) years, after which they will be automatically deleted.
  3. The Licensee may use the activities created under this license for commercial purposes, therefore being able to receive an economic return from them. For clarification purposes, it is indicated that the Licensee may not transform or manipulate them beyond what is strictly necessary for their integration into third-party systems or platforms.
  4. The Licensee may personalize the activities, suppressing the visibility of the Educaplay brand (except for intellectual or industrial property purposes), and introducing their own brands, design, color and style.

2.5 Multi License

  1. This license allows the use and assignment of No Ads, Plus or Commercial licenses to third parties. One of the contracted licenses will be consumed by the Licensee.
  2. Both the Licensee and the users to whom the license has been assigned can create groups of users that will be able to create and edit activities together.
  3. Additionally, the Multi License allows each of the different licenses indicated for each activity to be renewed globally, in a single payment.
  4. The license assigned to a content to a specific license will produce effects during the contracted period. Therefore, once established, neither the indicated license nor the user authorized to use it can be changed.

3. General conditions

In addition to the provisions of the previous points, globally and for all licenses, the following is established:

  1. The Licensee will be solely responsible to Educaplay and third parties regarding any content entered, including tickets, their activities, exploitation, uses and effects. The Licensee declares and guarantees to be the creator of all the content entered in Educaplay, that he has sufficient authorizations and permissions for its use within the framework of these conditions, the assignment and powers conferred on Educaplay and third parties, and that in general they do not violate previous commitments, agreements or the current legal framework, in particular in matters of intellectual and industrial property rights, company secrets, confidentiality agreements and regulations on data protection, publicity and competition, information society services or consumers and users. In case of infringement or risk of infringement of the previous regulations, in the event of receiving a request from an injured third party, or in case of use of inappropriate language or content, Educaplay may block or eliminate any activity or content of the Licensee, as well as terminate the contract, without any penalty and without prejudice to the exercise of the appropriate legal actions or measures.
  2. Registration in Educaplay is limited to people over 16 years of age. People under the age of 16 can use the platform without providing any personal data, either by playing anonymously or by providing a "Nickname". It will be the responsibility of the Licensee to verify the foregoing as well as any other restrictions or conditions for the exploitation and dissemination of the activities created in Educaplay for specific purposes and areas.
  3. The use and exploitation of the activities created through Educaplay may be carried out from this platform, as well as locally or in other Internet spaces, subject to the corresponding license, and provided that any source references or the brand "Educaplay" are not eliminated or hidden.
  4. The activities created publicly through any license will be freely accessible to third parties through Educaplay, anonymously and without the need for registration or identification.
  5. Likewise, any activity created for public use, regardless of the established license, may be subject to reproduction, reuse, transformation and subsequent exploitation, by other users or Licensees, free of charge, without territorial or temporal limitation, as long as the conditions and restrictions contained in this text are observed.

4. Hiring and payment process

4.1 The contracting of Educaplay licenses and services will be made prior to registration at https://www.educaplay.com/signup/. The Licensee will be responsible for providing correct, complete and up-to-date data. All the requested data is necessary for registration.

4.2 Once the above has been done and, where appropriate, the payment of the corresponding license has been verified, the Licensee acquires the right to use the Educaplay elements in accordance with clause 5.

4.3 The applicable prices will be those that, at the time of contracting, appear on the Educaplay platform, are expressed in us dollars and will be increased with the applicable Value Added Tax that corresponds. Exports outside the European Union will not be subject to VAT. In the case of intra-community operations, the Licensee must prove and provide the intra-community operator data to obtain the corresponding VAT exemption.

In the event that correct and complete information is not provided in relation to the above, or a complete invoice is not chosen (therefore a simplified invoice is issued), the Licensee will be invoiced with VAT.

The contracting of Educaplay licenses does not have any geographical limitation.

4.4 To the extent that, after the contract, the Licensee will have immediate access to the services, the contract will not be subject to the right of withdrawal recognized by the regulations on consumers and users.

Notwithstanding the foregoing, the Licensee shall have the right to terminate the contract, for any reason, during the 48 hours following its formalization, upon express request and in writing to the Educaplay contact addresses. In the event of compliance, the Licensor will reimburse the amounts paid by the Licensee within a maximum period of ten business days.

4.5 The Licensee will be entitled to the corresponding invoice, which will be issued in electronic format.

4.6 The contracting of paid licenses is restricted to users over 18 years of age.

5. Intellectual and industrial property

The structure, design and way of presenting the elements (graphs, images, files, logotypes, color combinations and any element susceptible to protection) are protected by intellectual property laws, owned by EDUCAPLAY.

It is prohibited to reproduce, transform, distribute, communicate in public, make publicly available and in generally exploit in any form partially or totally the elements referred to in the previous section. These acts of exploitation can only be carried out if authorized by EDUCAPLAY, and if this were to be the case, there must be explicit reference to the fact that EDUCAPLAY is the intellectual owner of the material.

Only documental material produced by EDUCAPLAY is authorized for private use, and in no case, can the material be deleted, changed, eluded or any of the security systems installed be manipulated.

Links to "final pages" and the use of "frames" are allowed to serve Educaplay activities from other websites.

Distinctive signs (brands, commercial names) belonging to EDUCAPLAY, are protected by industrial property rights and the use or manipulation of them is forbidden except if there is written authorization by EDUCAPLAY.

6. Data protection

You can access our Data protection policy through the next link: https://www.educaplay.com/privacy-policy/

7. Liability and guarantees

7.1 Each of the parties will respond to the other and third parties for their acts, omissions, effects, damages and losses, as well as their employees or collaborators, in accordance with the Law and these conditions, having to keep the injured party harmless from to any claim, procedure or complaint, sanctions, penalties, damages or expenses, including those of legal defense, that may be brought by third parties due to infringements of intellectual and industrial property, trade secret, confidentiality, data protection, services of the information society, market and competition, advertising, consumers and users or for any other reason related to equipment, systems, computer applications, databases, content, services, information or other resources or elements of our own or of subcontracted third parties.

7.2 Create Play & Learn, S.L. undertakes to carry out, by the means it deems appropriate, all actions and commitments acquired in compliance with the contract, and to maintain sufficient technical and human resources, with the necessary qualifications and experience for this.

Any incident attributable to Educaplay will be corrected or rectified at its expense, in the shortest possible time, in view of its criticality, risks, costs and possible damages. In any case, Create Play & Learn, S.L. does not guarantee the non-existence of interruptions or errors in accessing the service or its contents for reasons of updating, maintenance or resolution of incidents, or for other reasons that are beyond its control or are not reasonably predictable. Create Play & Learn, S.L. undertakes to carry out, as long as there are no causes that make it impossible or difficult to execute and within a reasonable period of time, all those tasks aimed at correcting errors and re-establishing the service.

8. Modifications and updates

8.1 Create Play & Learn, S.L. reserves the right to make, at any time and without the need for prior notice, modifications and updates to the information, content and services, their configuration, availability and presentation thereof, as well as these legal conditions. In case of modification of these conditions, you will receive a notification to the email address provided in the registration process. In case of not being satisfied with the above and provided that the modification implies a reduction in the functionalities of the license and services, the Licensee may terminate the contract immediately during the next 15 days unsubscribing as a registered user, without penalty or compensation of any kind. During this period you will be able to access all the data stored in your profile.

8.2 Continuity in the use of the service will imply full compliance with the legal conditions in force at that time.

9. Duration and termination

9.1 The license agreement will be applicable as soon as the registration or payment by the Licensee is verified, and will have the duration that corresponds to the contracted license.

In addition to the above, the license agreement may be terminated, at the request of either party, for legally established reasons, especially in the event of serious breach of the obligations of the other party. It will be considered a serious breach, in any case, the breach of the conditions of the corresponding license and of the obligations on intellectual property.

9.2 The resolution or termination of this contract will imply the cancellation of access to Educaplay and the revocation of the licenses, without prejudice to the actions and claims that may proceed. Once the contract has ended, for any reason, the data entered by the Licensee in Educaplay may be deleted or kept indefinitely.

10. Applicable law and jurisdiction

These general conditions are governed by the legislation of the Spanish State. The parties submit, at their choice, for the resolution of conflicts and renouncing any other jurisdiction, to the courts and tribunals of the user's domicile, or where appropriate, to the place of fulfillment of the obligation.

Copyright © 2022. Create Play & Learn, S.L.. Spain. All rights reserved.