LEGAL
PURPOSE OF THE PRESENT TERMS AND CONDITIONS
These general conditions (the «Terms of Use of the APP») establish the warnings, terms and conditions applicable to the use of the Mobile Application (hereinafter APP) developed and owned by Himalaya Computing, S.L. (hereinafter Himalaya Computing), CIF B-10466464.
Consequently, these Terms of Use of the APP establish the contractual relationship between the user and Himalaya Computing in relation to the use of the APP that can be downloaded from the Play Store and APP Store. The download or use of the APP attributes the condition of «user person» to whoever executes this download and implies the automatic acceptance of all the Conditions of use of the APP included in this document and secondarily in what is not contradictory and is complementary, in the Use Policies and Privacy Policy published on the Himalaya Computing website accessible through www.himalayac.com.
RULES THAT MAKE UP THE CONTRACTUAL RELATIONSHIP WITH THE USER
The use of the APP requires acceptance of these Terms of Use of the APP, which will also be published and accessible electronically at www.himalayac.com and www.exploreteia.com/legal.html.
Subsidiarily in what is not contradictory and complementary, the Use, Privacy and Cookies Policies published on the Himalaya Computing website will be applicable if the user accesses any web service linked to the APP. These policies are accessible through www.himalayac.com and www.exploreteia.com/legal.html.
The mere use of the Teia APP automatically entails full and unreserved acceptance by the user of each and every one of these Terms of Use of the APP in the version published by Himalaya Computing at any time. Consequently, the user must periodically read the Terms of Use of the APP to know its variations, which will not necessarily be specifically notified to the users.
In addition, those other general and/or particular conditions that they subscribe to in relation to the use of certain resources and/or content made available to them at Himalaya Computing are applicable to the user.
The set of terms and conditions resulting from the Terms of Use of the APP, Use Policies, Privacy and Cookies of the Himalaya Computing website will be referred to hereinafter as the CONTRACTUAL RELATIONSHIP.
FUNCTIONALITIES OF THE TEIA APP
TEIA is an application designed for the dissemination of scientific knowledge in the field of Astronomy.
USE OF THE APP BY MINORS
The download and use of the APP is allowed to people of any age, including children under 14 years of age.
PRICE OF USE OF THE TEIA APP
Teia is available free of charge for Android devices through the Google Play platform, without prejudice to the fact that Himalaya Computing may establish a price for its download at any time.
Once all the terms and conditions that make up the «CONTRACTUAL RELATIONSHIP» have been installed and accepted, the user will be able to use the APP according to its functionality and will be able to choose and select the settings that they deem appropriate based on their needs and preferences.
There will be additional functionalities under payment, compiled in a package called PREMIUM, and whose acquisition will be made through the «in app purchases» system of the Google Play platform.
Due to the limitations presented by the In-App-Purchase IAP system imposed by Apple, as well as the lack of flexibility when adapting to third-party business models, Teia will only be available for iPhone and iPad devices under direct purchase using the APP Store platform. Himalaya Computing reserves the right to establish the appropriate price, as well as its modification without prior notice.
PAYMENT SYSTEM
During the process of purchasing virtual items within the APP, the third-party payment processor Google (Android version) or Apple (iOS version) will collect the billing and financial information it needs to process the charges. This may include mailing address, email address, and financial information. When payment processors are used, they do not share your financial information, such as credit card numbers, with Himalaya Computing. Purchases made will be treated by the third party application or platform and will be subject to the third party application or platform’s terms of service and privacy policy.
DISCOUNT COUPONS (Only Android users)
Discount coupons are promotional offers that allow a partial or total reduction of the price of the order or product.
Discount coupons may have some additional restrictions or limitations (for example, a limited number of coupons, or a certain period of validity). If the discount coupon is no longer valid at the time of its application, it will be reported before the payment is made.
Discount coupons can be applied in specific places and users, to specific products and on specific dates. The conditions of each campaign will be provided together with the distribution of the discount coupon.
It is very important to always refer to the applicable terms and conditions for all details or requirements of the coupon or offer.
· Discount coupons are for personal use and are not transferable or used by third parties, except in the case of exceptions indicated in the Specific Conditions.
· Anyone using discount coupons must be 18 years of age or older.
· Discount coupons cannot be combined with other promotions of the organizing entity.
· Only one discount coupon can be used per order and per shopping cart.
· Coupons are non-refundable, must be used on a single purchase of one or more products purchased through this website, and cannot be redeemed for cash.
· Discount coupons can be used for payment from a certain minimum purchase amount taking into account the final sale price (VAT included).
· In the case that the amount of the discount coupon does not cover the final sale price (VAT included), the difference must be paid.
· In the case that the coupon has a value greater than the order, the difference will not be refundable, nor can it be accumulated for a subsequent order. Therefore, if the full value of the discount coupon is not used in the order, the difference will be lost.
· Discount coupons are valid for the purchase of a specific selection of products or at a specific time and will expire if they have not been used after the coupon’s validity period.
· It is not allowed to sell, trade or acquire discount coupons without the express authorization of Himalaya Computing.
In the event that a coupon shows an error when applied, the following checks must be carried out:
· That the coupon has not been redeemed.
· That the coupon has not expired.
· That the coupon has been entered correctly.
· That the item you wish to purchase meets the stipulated conditions since, otherwise, you will not be able to enjoy the discount.
COLLECTION OF STATISTICAL DATA
The Teia APP monitors, always under the direct confirmation of the user, the activities that the user performs within the APP, being stored in databases and servers belonging to Himalaya Computing. The purpose of collecting this information is purely statistical, the being this data the number of clicks received per planet / feature, and viewing time per planet / feature. This information is completely anonymous and it is important in order to determine content updates in future versions.
The data collected corresponding to this user monitoring is for the exclusive use of Himalaya Computing only, and it is not shared with third parties.
OBLIGATIONS OF THE TEIA APP USERS
The user undertakes to use Teia in accordance with these Terms of Use of the APP as well as in accordance and with full observance of all the conditions that regulate the CONTRACTUAL RELATIONSHIP and respect for the applicable legislation and the rights of third parties assuming, in addition, the following obligations:
· The use of the APP by the user must be done responsibly and in accordance with current legislation, good faith, all the terms and conditions that regulate the CONTRACTUAL RELATIONSHIP and respecting the intellectual and industrial property rights owned by Himalaya Computing and other third parties, in particular, other third-party users of the APP.
· The use of any of the contents of the APP for purposes that are or could be illegal is totally prohibited, as well as the performance of any action that causes or may cause damage or alterations of any kind not consented by Himalaya Computing, to the Application, its contents and/or third-party users.
· The user will assume full responsibility for any actions and content attributable to their User account, unless they have notified Himalaya Computing sufficiently in advance of an incident that puts the confidentiality of their access code at risk, have adopted the necessary measures to prevent its unauthorized use in accordance with these Terms of Use of the APP and there are clear indications that this action has not been carried out by the user.
· The user is warned that the APP will not work if the device on which it is installed is or is rooted by the user.
· The user, at all times, will not use Teia to carry out activities contrary to the laws, morality, good customs or public order. Specifically, and by way of example, he will refrain from:
– Omitting the use of technical or computer means or instruments that could prevent or hinder the normal functioning of Teia or damage the tools and technical devices integrated into Himalaya Computing or others belonging to Himalaya Computing or the users;
– Omit the use of any technical or computer tool that allows the extraction, automated or substantial, of data or content hosted or stored in or accessible through Himalaya Computing, such as page-scrape or data extraction techniques, robots, spiders (spiders) or other automatic devices, programs, algorithms, methodologies or manual processes in order to access, acquire, copy or monitor part of the site its contents in order to obtain or attempt to obtain materials, documents or information not available through the APP.
– The cloning or modification of screens through web pages to illegally market content presented in the APP.
– Any other fraudulent use of the APP.
EXCLUSION OF OBLIGATIONS AND GUARANTEES
Himalaya Computing does not assume any contractual obligation with the users other than that derived from these Terms of Use of the APP and declines all responsibility for, among others:
· The correct, continuous or uninterrupted operation of Teia. The user declares to be aware that the Internet is a medium subject to malfunctions and service interruptions.
· The expectations that the user could have created in relation to the possibilities of using Himalaya Computing’s services.
· Teia’s compatibility with the access devices of the users, be they computers, browsers, mobile devices or any other type.
· The adequacy of Teia to the needs or expectations of the users.
· The level of satisfaction as a result of the use by the user of the Himalaya Computing services or the adverse consequences that may be experienced as a result of the information exchanged or accessible through Teia.
The veracity, accuracy and validity of the data and information of third party transport entities accessible through Teia.
POSSIBLE ACTIONS BY HIMALAYA COMPUTING IN THE EVENT OF BREACH OF THE CONTRACTUAL RELATIONSHIP
Himalaya Computing may:
· Suspend, withdraw or cancel the User account and any transaction of the user who has committed acts contrary to the documents that make up the CONTRACTUAL RELATIONSHIP, the legal system or the rights of third parties.
· Report to the competent authorities any actions by users contrary to the documents that make up the CONTRACTUAL RELATIONSHIP, the legal system or the rights of third parties.
· Adopt, at its sole decision and discretion, the measures it deems appropriate for the better functioning of Himalaya Computing and the greater satisfaction of the users, including the establishment of restrictions, barriers or automatic measures to prevent conduct contrary to the documents that make up the CONTRACTUAL RELATIONSHIP, the legal system or the rights of third parties.
· Complain to the responsible user for any damages caused to Himalaya Computing as a result of these breaches.
· Notwithstanding the foregoing, Himalaya Computing may rehabilitate User content or the account that had been canceled or suspended if the legality of the user’s actions is finally proven.
Himalaya Computing will not be obliged to issue certificates in favor of the users or any third parties about the events or circumstances that occurred in Teia or about the user content hosted therein, unless it is required in this regard by the competent authorities or that, for the applicable circumstances, as it deems appropriate. Users may not claim anything against Himalaya Computing for the consequences that the issuance of these certificates may have for them or third parties.
NOTIFICATION OF ABUSES AND VIOLATIONS
In the case that any user considers that there are facts or circumstances that reveal the illegal nature of the use of Teia by another user or of a content (including the violation of intellectual or industrial property rights, the performance of acts of competition unfair or illegal advertising, acts contrary to the Law of any nature) must send, under their responsibility and commitment that the information provided is accurate and truthful, a notification to Himalaya Computing. These notifications should be sent to the following email address info@exploreteia.com.
In any case, Himalaya Computing may make available to users, if it so decides, other mechanisms to carry out these notifications in Teia.
Once the notification has been received, Himalaya Computing will carry out the appropriate actions that correspond to it according to its legal obligations and according to this CONTRACTUAL RELATIONSHIP.
INTELLECTUAL AND INDUSTRIAL PROPERTY OF HIMALAYA COMPUTING
Himalaya Computing (or third parties with whom Himalaya Computing has entered into legitimate agreements) exclusively own the intellectual and industrial property rights over the Teia APP, its texts, graphics, images, animations, source code, databases, content and other elements integrated in the APP, including its structure, arrangement and configuration without this enumeration being of a limiting nature (hereinafter also identified all of them as CONTENT) and this property as well as the legitimate use of these contents are protected by property laws intellectual and industrial of an international nature (with the exception of the CONTENTS described in the Credits section, in which the specific property is declared for certain multimedia resources used in the APP).
Neither the use of the services and the Teia APP nor the subscription to any Contractual Conditions related to it grants any license or authorization for use of the contents described in the previous paragraph except to the extent strictly necessary for the use of Teia in accordance with the provisions in the documents that make up the CONTRACTUAL RELATIONSHIP.
In particular, any form of reproduction, public communication, distribution, modification or any other act of exploitation of the Himalaya Computing Contents, either in part or in its entirety, is prohibited without the prior and express authorization of Himalaya Computing.
Likewise, the name «Teia» and any other distinctive signs and logos used in Himalaya Computing are the exclusive property of Himalaya Computing or other third parties with whom Himalaya Computing maintains commercial relations and have legitimately authorized their use.
The user may not use the trademarks, distinctive signs and logos of Himalaya Computing, Teia, or third parties, without the prior and express authorization of Himalaya Computing or these third parties, regardless of whether or not they are registered in the territory of the user.
In relation to the Contents protected by the intellectual property rights of the Teia APP, including its structure, arrangement and configuration, the following conditions apply:
· Himalaya Computing is the exclusive owner of the intellectual property rights that fall on the APP and therefore the exclusive owner of the rights of reproduction, distribution, public communication, transformation and use, being the only one that can grant licenses for its use and exploitation.
· By virtue of these conditions, Himalaya Computing grants the user a non-exclusive and non-transferable license for the use of the APP and the display and use of the contents in accordance with the established configuration and in the manner established in these present conditions and those others applicable by virtue of the CONTRACTUAL RELATIONSHIP, for the time in which the APP is publicly accessible and with the following limitations:
– The user may not reproduce the APP or its contents or make copies for use in a manner other than that permitted, nor sell, market or resell its use or its contents, its design or appearance, or any Information derived from them.
– The translation, adaptation, arrangement or any other transformation of the APP and its contents that only corresponds to Himalaya Computing or the legitimate owners of the contents or third parties authorized by Himalaya Computing is prohibited.
– The alteration of any of the parts of the APP and its contents to modify its functionality, characteristics or technical conditions of access and use is also prohibited.
– The user is prohibited from carrying out, for any purpose and in any case, reverse engineering, reprogramming of the application or modification of any nature to the site and its contents, or copies or successive or derivative versions.
– The user may not carry out, for any purpose and in any other case, transfer, conveyance, lease, sale, as well as any act of disposition, temporary or permanent, free or onerous, of the right of use or any other rights of exploitation of the APP and its contents.
In short, under no circumstances, the user may make a use or use or an act of disposition of the APP, its services and contents other than what is permitted in these conditions or in any other applicable conditions.
The user who carries out any of the prohibited actions will be solely responsible for the consequences of such actions.
If the culpable or negligent act or omission directly or indirectly attributable to the user that originates the infringement of the intellectual and industrial property rights of Himalaya Computing or of third parties -whether or not there is benefit for the same- originates damages, losses to Himalaya Computing, joint and several obligations, expenses of any nature, sanctions, coercive measures, fines and other amounts arising or derived from any claim, demand, action, lawsuit or procedure, whether civil, criminal or administrative, Himalaya Computing will have the right to address the user by all legal means at its disposal and claim any compensation amounts, including – by way of example and not limitation – moral and image damages, consequential damages and lost profits, advertising costs or of any other nature that may result for its repair, amounts of Sanctions or convictions, default interest, the cost of financing all the amounts in which Himalaya Computing could be harmed, the legal costs and the amount of the defense in any process in which Himalaya Computing could be sued for the aforementioned causes, for the damages and losses caused by reason of its actions or omission, without prejudice to exercising any other actions that correspond to it by law.
OWNERSHIP OF THE DATABASE AND STATISTICAL AND DISSOCIATED INFORMATION OF THE APP
The ownership of the intellectual property rights over the databases and database managers in relation to the APP is exclusive to Himalaya Computing, who may use and exploit this information in the manner it deems most appropriate for the improvement and evolution of the APP and its services, as deemed appropriate, including without limitation the possibility of extracting and/or reusing and using all or a substantial part of the content in whole or in part, including the incorporation of this information to another support and its exploitation to third parties.
Ownership of all intellectual property rights in terms of the structure and form of expression of the selection and arrangement of statistical and dissociated information jointly or separately from other content owned by Himalaya Computing and specifically the rights to obtain, verification, presentation, extraction and reuse of data and information corresponds exclusively to Himalaya Computing, in accordance with the provisions of articles 12, 133 and following of the Consolidated Text of the Intellectual Property Law, which includes the structure and form of presentation of the data and the form of expression of the selection or disposition of the same.
Consequently, Himalaya Computing will be the only one that, as the exclusive owner of the databases of statistical and dissociated information generated by the use of the APP, may grant licenses for use as well as carry out the extraction and/or reuse and use of all or a substantial part of the content of the databases as well as the total or partial transfer of its content to third parties, including its incorporation into another support in the medium used or the way in which Himalaya Computing deems most appropriate.
DURATION OF USE OF THE APP
The access, the contents and services offered through the APP and the APP itself, have in principle an indefinite duration. Himalaya Computing, however, may terminate or suspend access, services and/or content, as well as the download of the APP at any time, without prejudice to what has been provided in this regard in these general conditions or, where appropriate, particular conditions that regulate the use of a certain service and/or content intended for users.
MISCELLANY
These Terms of Use of the APP are the express manifestation of the will of the parties in relation to its purpose and invalidate the verbal and written agreements reached in this regard prior to its acceptance by the user.
In case of discrepancy between the Conditions of use of the APP and any other document that regulates the «CONTRACTUAL RELATIONSHIP» the document that specifically applies to the service or regulated content will prevail and in case of discrepancy between the versions of the Conditions of use of the APP and any other documentation that regulates the «CONTRACTUAL RELATIONSHIP» in the different languages in which they have been provided by Himalaya Computing, their Spanish version will prevail, whenever legally possible.
The declaration of nullity or invalidity of any clause contained in these Terms of Use of the APP will not affect the validity and effectiveness of the other clauses, which will be interpreted and applied in the closest legal sense to that derived from the application of the null clause.
The waiver by any of the parties to the fulfillment of any of the provisions of these Conditions of use of the APP by the other party, will not constitute a waiver of the right to claim compliance with the rest of the provisions of these Conditions of use of the APP or of any other obligation. The delay or omission of the parties in the exercise of any right that corresponds to them by virtue of the Conditions of use of the APP will not constitute a waiver of the corresponding right.
APPLICABLE LAW AND JURISDICTION
The CONTRACTUAL RELATIONSHIP will be governed by Spanish law, excluding any rules on conflict of laws.
In accordance with Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws (General Law of Consumers and Users) will be of application of the Courts and Tribunals of the domicile of the consumer and user.
In any case, the user is informed that, by virtue of the provisions of Regulation (EU) No. 524/2013 of the European Parliament and of the Council, of May 21, 2013, on the resolution of online disputes regarding consumption, you can go to the «Online Conflict Resolution Platform» developed by the European Commission, in order to try to resolve out of court any dispute arising from the provision of services through the APP.
To access the «Online Conflict Resolution Platform» you can do so through the following link: https://ec.europa.eu/consumers/odr
CONTACT WITH HIMALAYA COMPUTING
For any queries about these APP download and use conditions, users can contact Himalaya Computing at info@exploreteia.com.
