GENERAL CONDITIONS OF USE AND USER INFORMATION
Telefónica Digital Education, S.L.U., (hereinafter, the Owner) makes available to internet users the portal of open, massive and free university courses, www.miriadax.net (hereinafter, Miríadax or the "PORTAL"), governing the access to them and the use of their services and/or contents by the provisions of the present general conditions (hereinafter the "GENERAL CONDITIONS").
1.- Purpose and Modification of conditions. Responsible for Miríadax.
The owner makes available to users (hereinafter, individually, the "USER", and collectively, the "USERS") the possibility of browsing, accessing the contents and services of the PORTAL, and to register and pursue the courses available in it, provided that they do so in accordance with the provisions of the present GENERAL CONDITIONS.
In any case, the Owner reserves the right, at any time and without prior notice, to modify or delete the content, structure, design, services and conditions of access and/or use of this site, whenever it deems it appropriate, as well as the right to interpret these conditions, in as many issues as it may consider their application.
The Owner of the PORTAL is:
- Telefónica Educación Digital, S.L.U., with CIF B-82.857.053, with registered address at Distrito Telefónica, Ronda de la Comunicación s/n, Edificio Oeste 1, Planta 4ª, 28050, Madrid.
- The email address of the owner for the purposes of the PORTAL is firstname.lastname@example.org.
2.- Requirements for access, use and utilization of the services and contents of the Portals.
For the use of the services of the PORTAL, it is necessary to be registered as a USER.
On the other hand, some of the services of the PORTAL will not be accessible without prior payment of the value or amount that, where appropriate, is applicable in accordance with the specific conditions of them.
Access to and/or use of the PORTAL is entirely voluntary and relies upon the condition of USER. Every USER, whether or not registered in the PORTAL, accepts, from the moment of access, and without any reservation, the content of the present GENERAL CONDITIONS as well as, where appropriate, the "Specific Conditions" that can complement them, replace them or modify them in any sense in relation to the services and contents of the PORTAL. Consequently, the USER must read them before the access and use of any service of the PORTAL under their sole responsibility.
In any case, the Owner reserves the right, at any time and without prior notice, to deny access to the PORTAL or deactivate or cancel registered USERS who do not comply with these GENERAL CONDITIONS or the specific conditions that are applicable in accordance with the provisions of section 9 "Loss of user status" of these GENERAL CONDITIONS.
3.- General principles - Responsibility of the User.
The USER is obliged to use the courses, services and content that the PORTAL provides in accordance with current legislation, as explained in clause 10 of these GENERAL CONDITIONS, the principles of good faith and the generally accepted uses and not contravening with its action through the PORTAL the public order or the provisions of the present GENERAL CONDITIONS. Therefore, all use for illicit purposes or that harm or impede, may damage and/or overload, in any way, the use and normal functioning of the PORTAL, or which either directly or indirectly infringe the rights of the Owner, against the Universities that deliver courses and their teaching teams, against other users or any third party, is strictly prohibited.
The USER of the PORTAL will not transmit through the services, tools, utilities, assessments or reviews on the contents of the PORTAL,anything that violates the values and dignity of people, in accordance with national and international standards of protection of human rights.
The USER of the PORTAL agrees to provide true and accurate information about himself/herself in the registration forms, and record an external email as one of its ownership.
Furthermore, the reproduction, distribution, transmission, adaptation or modification, by any means and in any form, of the contents of the PORTAL or its courses (text, designs, graphics, information, databases,audio and/or image files, logos and other elements of these sites) is strictly prohibited, unless prior authorisation of their legitimate owners is given or when this is permitted by the creativecommons license that is applicable to the contents or by the applicable current legislation where appropriate.
Regarding the above mentioned content, any commercial or advertising use, other than that which is strictly permitted, and the breach, in general, of any right arising from them is also strictly prohibited.
4.- Conditions to be met by users who wish to establish a link between their web page and the PORTAL
The reproduction of pages of the PORTAL through hyperlink from another portal or website, allowing only access to them is not permitted.
Under no circumstances may it be understood that the Owner authorizes the hyperlink or has supervised or assumed in any way the services or content offered by the website from which the hyperlink is produced.
Manifestations or false, incorrect or inaccurate references on the pages and services of the Owner may not be made.
The page from where the hyperlink is established may not have any distinctive signs which make reference to the PORTAL except signs integrated into the hyperlink itself.
The creation of any kind of browsing, program, browser or border environment on the PORTAL pages is explicitly prohibited.
Contents that infringe the rights of third parties, or which are contrary to morals and accepted good customs, nor contents or illicit information on the web page from the hyperlink cannot be included.
The existence of a hyperlink between a web page and the PORTAL does not imply the existence of relationships between the Owner and the owner of that page, or the acceptance and approval of their contents and services.
5.- Responsibility of the USER. Introduction of comments on blogs and forums. Security Measures.
5.1.-Responsibility of the user.
The USER is solely responsible for the use of the PORTAL and compliance with these GENERAL CONDITIONS in their entirety. Consequently, the USER agrees to keep secret, with the secret and confidential nature of the information, their username and password or similar data assigned to access the PORTAL or any of its services, being responsible for any damages of any nature arising from the misuse carried out by themselves or by third parties, both against the same USER, considering the damage suffered as a result of their negligence, including those that the Owner may suffer as a result of non-compliance the present GENERAL CONDITIONS.
5.2.- Use of the services of Miríadax.
Through the services of the PORTAL, the USER may share information, communicate and connect with other users of the same.
In relation to the use of these services to the USER assumes the following obligations:
a) To comply with the "commitment of honesty" of Miríadax, which entails the assumption of the following commitments:
o Not to register on Miríadax with more than one account.
o That the answers to the quiz and P2P type activities are as a result of their own work and the preparation of the same is carried out individually (except those activities whose statement explicitly permits collaboration).
o Not to publish or facilitate in any way solutions of the assessment tasks with the intention of benefiting other students.
o Not to carry out actions that can improve the results of my assessment tasks in a dishonest manner or improve or harm the scores of other students.
o Not to claim the work of others as their own.
b) Use the code of NETIQUETTE established in the Portal.
c) The USER will use the services of the portal and the contents of the courses for personal use and never commercial or economic purposes without the prior authorisation of the Owner.
d) The USER will not provide false personal information on the network, and will be solely responsible for the real and accurate communication of their personal data.
e) The USER will not create a false profile account, nor will they override the personality of a third party without their permission.
f) The USER agrees to make reasonable use of the Portal and its contents.
g) The USER shall be obliged for all publication of content that they carry out on the Portal, within the forums, blogs, or any other function, to not violate in any way the current legislation, intellectual property rights, contractual rights, or any other type of law that any person, natural or legal, public or private could hold.
The Owner shall not be liable in any case for improper use of the Portal and its contents, the USER is solely responsible for any damages which may arise from misuse or from a breach of the provisions of the present conditions that may be incurred. The USER agrees to hold the Owner exempt against claims or penalties that they may receive from third parties, either individuals or public or private entities, for reason of such offences, as well as against damages of any type that they may suffer as a result of the same.
The Owner may withdraw any comments, content and information published on the PORTAL if it considers that the present obligations are being violated by the USER, or if the Owner receives a claim from a third party for breach of the conditions envisaged here or when damages for this may be generated.
The Owner reserves the right to suspend and/or cancel the account of the USER on the PORTAL, without prior notice and without generating any compensation, if they consider, according to their own criteria, the serious breach of the present conditions of use of the PORTAL by the USER.
5.3.- Introduction of comments on blogs and forums.
In relation to the introduction of comments on blogs and forums of the PORTAL, the USER undertakes not to introduce comments that may be offensive, degrading, insulting or slanderous to the Owner or third parties, contrary to morals, public order, or the dignity of people, or in any other way that may be illegal or illicit or cause damage or harm to the Owner, universities or their teaching team or third parties.
The Owner reserves the right to withdraw immediately without prior notice from blogs and forums comments that, in their opinion, fail to comply with the provisions of the previous paragraph.
6.- Issue of certificates by Miríadax, in relation to the courses made by users.
Miríadax, as a portal for open, massive and free university courses l allows users who register on and carry out their courses, to obtain the certificates of accreditation set forth below.
6.1. Certificate of participation.
This certificate can be obtained, free of charge, by users registered on the courses that have passed, at least, an average of 75% of all the mandatory activities of the course.
6.2. Certificate of achievement.
This certificate can be obtained, with prior payment of its cost, by those registered who request it and that have completed all the mandatory activities included in the course. The mandatory activities included in the course when the user has completed 100% of its modules will be considered as passed. In the case of pre-purchases, the user will receive a notification on the checkout page that they are about to acquire the l Digital Miríadax Passing Certificate, which will be issued in the name of the user registered on the course once the pass the whole of the same; it is considered to be sole responsibility of the student to complete the course within the period of time set in the call for the same; otherwise, there shall be no refund of the amount paid to obtain this certificate.
6.3. The purchase process for the Passing Certificate:
1.- In order to carry out the purchase of the certificate, the user must log in to the Portal, access to the section "My badges", in the section "My profile", "My page" personal area, and click on the link "buy", the course whose certificate you want to obtain.
2.- Then the user must choose the payment method between 2 options (paypal or credit card) and indicate whether or not to receive an invoice.
3.- In the event that they want to invoice, a screen will open with a data form, in which they must complete the personal data necessary for the issuing of the invoice (address, city, zip code, etc.). Once completed, the user must click on the "Pay" button to continue the purchasing process.
Before clicking this button the user must check that the data entered is correct. In the event that you want to change any data after clicking on the button "Pay", you must request it in writing by email to email@example.com.
4.- In the case of choosing the payment via credit card or via paypal, the user can perform the payment immediately, through the corresponding payment gateways, ownership of the entities in charge of these payment gateways, which will connect to the platform. Once the payment is made, the browsing session will take you back to the area of "My badges" where you can download the certificate.
5.- The sale of the passing certificates will not generate any legal electronic purchase document, without prejudice to the appropriate registration of the operation by the Owner.
6.- The purchase of the certificate may be carried out in Spanish and Portuguese.
6.4. Legal validity of the certificates.
"Participation" and "passing" certificates do not have legal, academic or official validity, since they are limited to accrediting the degree of completion of the course by the user registered under the name and surname(s) indicated in the same.
In the case of the certificate of "participation", its legal effectiveness is limited to accrediting the passing of user registered under the name and surname(s) indicated in the same, of an average of 75% of all the mandatory activities of the course.
In the case of the "passing" certificate its legal effectiveness is limited to accrediting the passing of user registered under the name and surname(s) indicated in the same of all the mandatory activities included in the course (performance of 100% of their modules).
These certificates do not constitute therefore a diploma or official title, nor do they guarantee the realisation of the courses by the individual that may correspond with the names and surnames of the registered Miríadax user who performs the courses.
7.- Exclusion of Guarantees and Responsibility
The owner does not guarantee nor, under any circumstances is responsible for the following contents, nor for any damages that may, as the case may be,arise from the same:
- Lack of availability, continuity, access, maintenance and effective functioning of the PORTAL and/or its services and updating, accuracy, thoroughness, relevance, timeliness and reliability of its contents, whatever the cause and the difficulties or technical problems or otherwise in which these events have their origin.
- The correct delivery of the courses available through the Portal by universities that have uploaded them or by their teaching teams.
- The quality, ownership, legitimacy, adequacy and relevance of materials, resources, videos testing, test and other content used in the courses and the processing of the users registered in the same by universities and their teaching teams.
- Transmission and/or the existence of viruses, other elements or programmes that could harm the equipment of the USERS that could affect them, as a result of the access, use or review of the site, or that produce alterations in their electronic documents or files.
- Illicit, negligent, fraudulent use, supplanting the personality of a third party or contrary to the content of these GENERAL CONDITIONS, to good faith, generally accepted uses or public order, of the PORTAL, its courses, services and content, by the USERS.
- Except for those signs which form part of the same hyperlink, the web page in which this hyperlink is established will not contain any brand, commercial name, label of establishment, name, logo, slogan or other distinctive signs belonging to the Owner.
- Violations or breaches of laws, applications or current customs regarding rights of intellectual property, industrial property, contractual or business secrets, privacy, honour, image, property rights, advertising or competition, among others, third party.
- Flaws or defects in the courses, contents and/or services which are accessed through the PORTAL.
- Reception, storage, obtaining, broadcasting or transmission by USERS of the contents of the PORTAL or its courses.
- Through the knowledge of any information that may be possessed or used in an unauthorised way by third parties of the characteristics and circumstances of the use of the courses, content and services of the PORTAL by the USERS.
- By default by third parties, of its obligations or guarantees arising or developing in relation to the services provided to the USERS through the PORTAL, as well as by the lack of quality, reliability, adaptation to the offered, legality, usefulness and availability of services provided by third parties and made available to the USERS on the PORTAL.
The previous listing is merely informative and is not, under any circumstances, exclusive or exclusionary in any of its points. In all cases, the Owner REJECTS ANY RESPONSILBITY FOR THE DAMAGES OF ANY NATURES ARISING EITHER DIRECTLY OR INDIRECTLY FORM THE SAME AND ANY OTHER NON SPECIFIC CHARACTERISITCS.
The PORTAL can include within its contents links to sites owned and/or managed by third parties in order to facilitate access to information and services available through the Internet.
The Owner does not assume any liability arising from the existence of links between the contents of the PORTAL and content outside of the same or any other mention of external content to this site. Such links or mentions are exclusively for informative purposes and under no circumstances shall imply the support, approval, marketing, or any relationship between the Owner and persons or entities as authors and/or administrators of such contents or owners of the sites where they are located, nor guarantee any of the Owner for the correct functioning of the linked sites or content.
In this sense the USER agrees to put the utmost diligence and prudence when accessing or using content or services of the sites that they access by virtue of the aforementioned links.
9.- Intellectual and Industrial property rights
The texts, designs, images, databases, logos, structure, brands and other elements of the PORTAL are protected by the laws and international treaties on intellectual and industrial property. Any reproduction, transmission, adaptation, translation, modification, communication to the public, or any other use of all or part of the content of this website, made in any form or by any means, electronic, mechanical or otherwise, are strictly prohibited unless prior written authorisation of their corresponding owner or subject, of such content to creativecommons licenses, in which case the uses which cover these licences according to the type of license are permitted to applicable in each case. Any infringement of these rights may lead to civil or criminal judicial or extrajudicial procedures that apply.
The Owner does not grant any license or authorization of use of any kind on their intellectual and industrial property rights, or any other property or right related to the PORTAL, the services or the contents of the same.
The legitimacy of the intellectual or industrial property rights pertaining to the content provided by third parties is the sole responsibility of the same.
For the purpose of preserving the possible intellectual property rights, in the event that any USER or a third party considers that there has been a violation of their legitimate rights by the introduction of certain content on the PORTAL, it shall notify such circumstances, in writing, to the Owner, indicating:
Identifying personal data of the owner of the allegedly infringed rights. If the claim is presented by a third party other than the interested party, they must indicate the representation with which they act.
Indication of the contents protected by the rights of intellectual property and their location on the PORTAL.
Certification of the existence, ownership and validity of the aforementioned intellectual property rights.
Declaration expressed in which the interested party takes responsibility for the veracity of the data and information provided in the notification referred to in this point.
10.- Loss of the user condition
The registered USER will be able to unsubscribe on the PORTAL, losing the condition as such, and the rights and data associated with their account freely and at any time, without no other requirement than to request it in writing addressed to firstname.lastname@example.org with electronic signature and indication of the email address used on the Portal, or with indication of this email, your name, surname and password.
Similarly, they can unsubscribe at any time from the courses on which they would be registered, by clicking on the option established for this purpose.
The Owner may also unsubscribe the USER, extinguishing the relationship established between the two and losing the rights arising from such condition and data associated with their account in the PORTAL in the following cases:
- If the USER breaches any of these GENERAL CONDITIONS.
- If the provision of the services of the PORTAL or any of them are no longer, in the opinion of the Owner, commercially viable.
The loss of the status of USER does not exclude the application of these conditions, which shall continue to apply to issues or claims that may arise between the Owner and the USER, after having asked for this such condition.
11.- Applicable law and jurisdiction.
Access, and/or use of the services or content of this PORTAL, these GENERAL CONDITIONS in everything that regulates them and regarding issues arising from them are subject to Spanish legislation. To issues that may arise or actions resulting from the management of the PORTAL by the Owner and the services and content of the same, and on the interpretation, application, compliance or non-compliance of what is established here, the USER with express waiver of any other jurisdiction that may correspond to them, is subject to the jurisdiction of the courts and tribunals of the city of Madrid (province of Madrid, Spain).