Terms of Use

TERMS OF USE 

Please read these terms of use (“Agreement” or “Terms of Use”) carefully before using the website and services offered by PRACTITY Marketplace  (“Practity”). The Agreement sets out the legally binding terms and conditions for your use of the website at Practity.com (the “Site”) and all services provided by PRACTITY Marketplace on the site.
By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies refered to here and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are Instructors, customers, Users, contributors of content, information and other materials or services on the Site. 

 

1 .-GENERAL CONDITIONS

  • You acknowledge that Practity will use the email address you provide as the primary method for communication.
  • You are responsible for keeping your password secure. Practity cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password. 
  • You are responsible for all activity and content such as photos, images, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Content”). 
  • A breach or violation of any term in the Terms of Use, as determined in the sole discretion of Practity will result in an immediate termination of your services. 
  •  We reserve the right to modify or terminate the terms of use for any reason, without notice at any time.  
  • We reserve the right to refuse service to anyone for any reason at any time.  
  • We reserve the right to remove reviews or photographs that violate our policies or Terms of Use. 
  • We may, but have no obligation to, remove Content and suspend or terminate Accounts if we determine in our sole discretion that the Content uploaded or posted to a store, violate these Terms of use.  
  • You acknowledge and agree that Practity may amend these Terms of Use at any time by posting the relevant amended and restated Terms of Use on Practity’s website, and such amendments to the Terms of Use are effective as of the date of posting. Your continued use of the Services after the amended Terms of Use are posted to Practity’s website constitutes your agreement to, and acceptance of, the amended Terms of Use. If you do not agree to any changes to the Terms of Use, do not continue to use the Service. 
  • You may not use the Practity service for any illegal or unInstructorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of Spain. You will comply with all applicable laws, rules and regulations in your use of the Service. 
  • You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Practity or Practity trademarks and/or variations and misspellings thereof. 
  • Users may not offer direct payments to Instructors using payment systems outside of Practity order system. 
  • Questions about the Terms of Use should be sent to info@practity.com. 
  • Our use of your item: We may use the whole or part of your items to promote Practity. This promotional use may include use in public relations, emails, on a features page, or on other sites (e.g. social networks). No compensation is payable for these uses.  
  • Item removal: We have the right to remove an item for any reason, using our reasonable discretion. We will not be responsible for any loss that you may suffer as a result of your item being removed.  

2.-INSTRUCTOR TERMS & CONDITIONS
If you are an Instructor, these Instructor Terms & Conditions (the “Instructor Terms”) contain the terms and conditions of Your participation as an Instructor via Practity’s Services.  

  1. Becoming an instructor is free: Becoming an Instructor and putting your items up on Practity  is free but there is a review process. There are a few things you warrant in exchange for the right to be an Instructor, which are outlined in these Instructor Terms.  
  2.  Process to become an instructor: There are two steps to  follow  in order to sign up as an Instructor, which are outlined on the Practity become instructor page . 
  3. Pricing: As an Instructor, you are responsible for setting the prices for your items. You must make all pricing decisions independently, and discussions about your pricing decisions (including with other Instructors) are not permitted under any circumstances 
  4. Review: We have rules about what instructors we accept and don’t accept. Although we always like to provide constructive feedback we’re not obliged to give you any reasons for rejecting your application.  

AS AN INSTRUCTOR YOU WARRANT TO US AND EACH USER OR USER OF YOUR ITEMS THAT:  

  1. The content is of acceptable quality and fit for the purpose for which it is ‘sold’;  
  2. The content matches the description given by you on the item preview page, as well as any item preview;  
  3. You will honour any express warranties given to Users that are not contained in the Practity Instructor Terms;  
  4. You have rights necessary to license that item on the terms of the applicable license;  
  5. The User’s use of that item in accordance with the terms of the applicable license does not infringe the intellectual property rights of someone else;  
  6. The content and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory;  
  7. The content  and its description do not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading);  
  8. The content does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;  
  9. You will process a User’s information in accordance with applicable privacy law and data protection regulations.  

AS AN INSTRUCTOR, YOU WARRANT TO US THAT:  

  1. You will not use Practity Market to offer non Practity goods or services to Users; 
  2. Information and documentation you give us (like your name and address) is accurate; you will provide Users of your item with support for the included support period and any support extension period purchased, unless we agree otherwise. 
  3. You will be responsible for all of Your Submitted Content. You further agree that You own or have the necessary licenses, rights, consents, and permissions.  
  4. No Submitted Content shall infringe or misappropriate any intellectual property right of a third party;  
  5. You have the required qualifications, credentials and expertise, including without limitation, education, training, knowledge, and skill sets, to teach and offer the services You offer on Your Course and through the Services;  
  6. You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Services or to any User;  
  7. You will not use the Services for any business other than for providing training, practice and instructional content to Users;  

AS AN INSTRUCTOR, YOU REPRESENT, WARRANT, AND COVENANT THAT:  

  1. You will not engage in any activity that will require Practity to obtain any licenses from or pay any royalties to any third party,  
  2. You will not copy, modify, distribute, reverse engineer, deface, tarnish, mutilate, hack, or interfere with Company Content and/or the Services or operations thereof, except as permitted in these Instructor Terms;  
  3. You will not impersonate another person or gain unauthorized access to another person’s Account;  
  4. Your use of the Services are subject to Practity’s approval, which We may grant or deny in our sole discretion;  
  5. You will not introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Services or operation thereof; scrape, spider, use a robot or other automated means of any kind to access the Services;  
  6. You will not interfere with or otherwise prevent other Instructors from providing their services or Content;  
  7. You will maintain accurate Account information;  
  8. You shall respond promptly to Users and ensure a quality of service commensurate with the standards of Your instruction services in general. 
  9. Users’ use of your item: We are not liable for any loss suffered by you as a result of a User or any other person making use of your item contrary to the Practity Terms of Use or the item’s license.  

 2.1.-Pricing
As an Instructor, You will be responsible for determining the List Price You charge Users for Content.  The List Price shall be inclusive of any VAT or similar taxes. All taxes must be  included in the purchase price displayed to Users.  List Price shall be in U.S. dollars only. 

 2.2.-Payments
You, as an Instructor, will receive eighty five percent (85%) of your list price including VAT or any other taxes. Practity will keep fifteen percent (15%) of the list price (commission).
As instructor, payment to your Stripe account will be made whenever  a purchase of your Content takes place. Practity  reserves the right to add, remove or otherwise alter the third party payment processor used  to enable transactions between Instructors and Users via the Marketplace. 

 2.3.- Taxes
As an instructor You have the sole and exclusive responsibility to determine what, if any, taxes apply to the sale of your Content and services and/or the payments you receive in connection with your use of the Service. It is solely your responsibility to assess, collect, report, or remit the correct tax to the proper tax Authority, whether in Customer jurisdiction, your jurisdiction or elsewhere. Practity is not obligated to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax Authority arising from any Transaction. Practity retains the right but not the obligation, at its sole discretion, to complete and file tax or related reports with tax Authorities regarding Transactions in those jurisdictions where Practity deems such reporting necessary. You hereby indemnify and hold Practity harmless from and against any and all liability related to Taxes and filings made by Practity in respect thereof.
You will indemnify and hold Practity harmless against any and all claims by any tax Authority for any underpayment of VAT, and any penalties and/or interest thereon on Your Instructor Revenue or otherwise.  For sales of any Submitted Content in countries other than the European Union, South Korea and Japan You are responsible for following the requirements of the appropriate taxing Authority related to sales tax on Your Content (which may be different to the tax Authority in Your own location). Practity is unable to provide You with tax advice and You should consult Your own tax advisor.  

2.4.-Intellectual Property and Instructor Content
We do not claim any intellectual property rights over the Content you provide to the Practity service. All Content you upload remains yours. You can remove your Practity store at any time by deleting your Account. 

  1. By uploading Content, you agree: (a) to allow other internet users to view the Content you post publicly to your store; (b) to allow Practity to store, and in the case of Content you post publicly, display, your Content; and (c) that Practity can, at any time, review all the Content submitted to its Service, although Practity is not obligated to do so. 
  2. You retain ownership over all Content that you upload to a Practity store; however, by making your store public, you agree to allow others to view Content that you post publicly to your store. You are responsible for compliance of the Content with any applicable laws or regulations. 
  3. By submitting  Content the instructor, hereby grants to the User a license to the Content. It is the Instructor’s responsibility to give notice to Users of the license terms (including but not limited to copyrights and trademark rights) under which Instructor is offering the Content to Users in the Marketplace.  Instructor is responsible for protecting and enforcing any terms under which an Instructor offers Content via the Marketplace and Instructor agrees that Practity has no obligation to do so on Instructor’s behalf.  
  4. We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any Content or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose. 
  5. Practity shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store to promote the Service. 

Copyright Infringement.  notifications of claimed copyright infringement should be sent to Practity’s Copyright Agent by email at info@practity.com. 

2.5.- Cancellation and Termination

  1. You may cancel your Account at anytime by emailing info@practity.com and then following the specific instructions indicated to you in Practity’s response. 
  2. Upon termination of the Services by either party for any reason:  
  3. Practity will cease providing you with the Services and you will no longer be able to access your Account; unless otherwise provided in the Terms of Use, you will not be entitled to any refunds of any Fees, pro rata or otherwise; 
  4. Your store website will be taken offline. 
  5. If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again. 
  6. We reserve the right to modify or terminate the Practity Service or your Account for any reason, without notice at any time. 
  7. Fraud: Without limiting any other remedies, Practity may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site. 

 

3.- USER TERMS & CONDITIONS
Practity is a platform where you can purchase projects directly from Instructors around the world. Practity provides a venue for Users to discover and purchase from Instructors around the world. It is important to note that Practity is not a part of that transaction. 
The following terms apply to digital products, online Contents and digital downloads. 

YOU, AS A USER, AGREE THAT 

  • By shopping on Practity, You are not buying directly from Practity, but from one of the many Instructors on Practity; 
  • Practity does not pre-screen Instructors and therefore does not guarantee or endorse any items sold on Practity or any content posted by Instructors (such as photographs or language used in listings or store policies); 
  • You’re buying directly from an independent Instructor, each with its unique listings, policies, processing times and payment systems. 
  • You have read the item description and store policies before making a purchase; 

YOU, AS A USER, MAY 

  • Download a product if you purchase the right to do so. Please note, we do not guarantee the continued availability of our download products.  It is your responsibility to look after your download product and you may want to back it up as it might not be available for subsequent download. 
  • Use (load into temporary memory or permanent storage) a single copy of the product on only one device at a time. If this device is linked to a network then the product may only be installed in a manner such that it is not accessible to other machines on the network (unless you have purchased a network licence). 
  • Transfer the product from one device to another provided that you only use it on one device at a time.  

YOU, AS A USER, MAY NOT 

  • Re-sell, distribute, forward, rent or lease the Content or any part of it, 
  • Copy any part of the Contentt, except where specifically indicated otherwise or for back-up purposes, 
  • Reverse engineer, decompile or disassemble the Content or convert it into any other format or medium, 
  • Use the product on more than the permitted number of devices at a time, 
  • Bypass, modify, defeat or circumvent security features that protect our digital products, or online Contents, 
  • Leave a review that contains private information, obscene, racist, or harassing language, advertising or spam, threats or extortion or undermines the integrity of the Reviews system.All content and software supplied to you by us, by our Instructors or of third parties who have granted us rights is protected by Spain and international copyright laws. 

 3.1.- Refund Policy.
All Content available via Practity are digital Contents which, upon purchase, are made available to a User for the User’s immediate use and access. User acknowledges and accepts that all sales of Content via the Marketplace are final and no refunds are available. Notwithstanding the foregoing policy, Practity may, in its sole discretion, make certain exceptions to this policy on a case-by-case basis, for example if a file is unable to be used, downloaded or accessed by a User due to a defect or flaw with the Content.  If such an exception is made, Practity may issue to the User a refund for such purchase in any manner Practity deems appropriate. 

3.2.- User’s Rights and Obligations on the Content. 
User’s purchase of Contents from Practity is made under a license only; there shall be no outright transfer of title or ownership in any such Content. The license terms under which the User may use the Content purchased shall be those terms set forth by the Instructor. By purchasing the Content, User agrees to accept and be bound by the license terms attached to that specific Content including all copyright notices, trademark rules, information, and licensing or use restrictions identified by the Instructor. 

 

4.- GOVERNING LAW, JURISDICTION AND VENUE
These Terms of Use will be governed under the laws of the Comunidad de Madrid, SPAIN without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use will be venued exclusively in state or court in Madrid. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms of Use is taking place or originating. 

 

5.- LIMITATION OF LIABILITY

Practity is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with the Terms of Use, including, but not limited to: 

  1. Your use of or your inability to use our Site or Site Services; 
  2. Delays or disruptions in our Site or Site Services; 
  3. Viruses or other malicious software obtained by accessing, or linking to, our Site or Site Services; 
  4. Glitches, bugs, errors, or inaccuracies of any kind in our Site or Site Services; 
  5. Damage to your hardware device from the use of the Site or Site Services; 
  6. The content, actions, or inactions of third parties’ use of the Site or Site Services; 
  7. A suspension or other action taken with respect to your Account; 
  8. Your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to the Terms of Use. 

ADDITIONALLY, IN NO EVENT WILL Practity, OUR AFFILIATES, OUR LICENSORS, OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT COSTS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION, PROFIT, OR BUSINESS OPPORTUNITIES. 

 

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