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 sellers, customers, contributors of content, information and other materials or services on the Site.

 

  1. General Conditions
  1. You acknowledge that Practity will use the email address you provide as the primary method for communication.
  2. 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.
  3. 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”).
  4. 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.
  5.  We reserve the right to modify or terminate the terms of use for any reason, without notice at any time.
  6. We reserve the right to refuse service to anyone for any reason at any time.
  7. 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.
  8. 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.
  9. 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.
  10. 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.
  1. Buyers may not offer direct payments to Sellers using payment systems outside of Practity order system.
  1. Questions about the Terms of Use should be sent to info@practity.com.
  1. 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.
  2. 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.

 

 

7.- 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:

  • your use of or your inability to use our Site or Site Services;
  • delays or disruptions in our Site or Site Services;
  • viruses or other malicious software obtained by accessing, or linking to, our Site or Site Services;
  • glitches, bugs, errors, or inaccuracies of any kind in our Site or Site Services;
  • damage to your hardware device from the use of the Site or Site Services;
  • the content, actions, or inactions of third parties’ use of the Site or Site Services;
  • a suspension or other action taken with respect to your Account;
  • 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.

 

  1. Intellectual Property and Instructor Content
  1. 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.
  2. 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.
  3. 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.
  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.

 

9.- 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:
    1. Practity will cease providing you with the Services and you will no longer be able to access your Account;
    2. unless otherwise provided in the Terms of Use, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
    3. your store website will be taken offline.
  3. 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.
  4. We reserve the right to modify or terminate the Practity Service or your Account for any reason, without notice at any time.
  5. 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.