Terms and Conditions of Use

January 2014

The website available at http://lyricstraining.com and all its sub domains, or sections ("Website") and the mobile application LyricsTap ("Application") are operated by ELASTHINK, S.L. ("Elasthink"), with Tax Number ESB86550514 and registered office at Aniceto Gaitán 55, El Álamo, 28607, Madrid, Spain. You can contact with Elasthink at support@lyricstraning.com.

These terms of use ("Terms") govern the access, browsing and use of the Website and the Application by their users ("User" o "Users", as applicable); as well as the services rendered through the Website and the Application ("Services").

By means of the Website and the Application, Users participate in a community with the main purpose of promoting the learning of languages through the sharing of educational and entertainment contents with other Users. The Website and the Application are aimed to be tools for any person interested in the learning of languages as well as to the promotion and knowledge of artist and musical works. The Services are provided for free and there is no profit motive beyond necessary advertising to cover infrastructure costs, maintenance and improvement of the Services.

Accessing the Website and the Application implies that the User has read and accepts to be bound by these Terms without exception. Elasthink may modify the Terms at any time and thus we recommended that the User reviews the Terms on a regular basis. The date at the beginning of these Terms refers to the latest update of these Terms, which will be applicable from the date of publication.

Some Services provided through the Website may be subject to specific conditions or instructions of Elasthink or of third parties, that will complete or, in case they oppose to what is established herein, such conditions or instructions will replace the content of these Terms, and which must be accepted by the User before the provision of the relevant Service.

Likewise, in respect of collection and processing personal data, the Privacy Policy will apply.

1. PURPOSE OF SERVICES

By means of the Services, the User can share contents described at Section 4 of this Terms, including text, graphics, sounds, music, videos and other materials that can be displayed on the Website or the Application, without charge and with the aim of making easier the learning of languages.

2. AUTHORIZED USE OF THE WEBSITE

The User is only authorized to use the Services if he/she is an individual and always in accordance with the Terms. The User agrees to use the Services in good faith and for personal use only. Using the Services for any purpose other than personal use, such as, commercial, business, or use with a view to make profit is not authorized.

The User agrees not to use the Services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the User agrees not to take part in any conduct or action that could damage the image, interests or rights of Elasthink or third parties.

The User will not interfere with the functioning of the Website, the Application or in the Services and in particular will not impersonate another user or person. The User agrees not to carry out any action that may damage, make unavailable, overload, deteriorate or impede the normal use of the Website, the Application or the Services, which may impact the security of the Website, the Application or the Services or which may in any way interfere with the Services offered by Elasthink. It is prohibited to use robots, spiders or any other mechanism, mobile application, program or tool to access, copy or control any part of the Website, the Application or the Services in anyway which is contrary to the ordinary and personal use of the Website without the express prior authorization from Elasthink. Likewise, it is prohibited to obtain or attempting to obtain the contents of the Website or the Application (including User Content, as this term is defined below) using any method or system not expressly authorized by Elasthink or which is not the ordinary method of accessing the Website.

It is the User's responsibility to ensure prior to using the Services that the features of the Services meet the User's needs.

3. REGISTRATION

In order to use certain Services, the User must register creating a username and password and activating an account. To this end the User must provide a valid email address at which the User will receive notifications related to the Services.

The User agrees to provide the mandatory information that is required for registration and also acknowledges that such information is accurate, complete and up to date. The User is responsible of keeping such information updated. Should the User provide false, outdated or incomplete information, or should Elasthink have any reason to suspect that, Elasthink reserves the right to suspend or cancel the User's account.

The User must protect and keep confidential the account password without disclosing it to third parties. The User must not allow other Users access through the User's account nor use the account of another User.

The User is responsible for all operations carried out through the User's account through any device. If the User suspects that another User is using his account he should immediately inform Elasthink.

Elasthink may suspend or cancel the account of the User if it considers that the User has breached these Terms.

4. RULES RELATED TO CONTENTS

By means of the Services allow, Users may:

  • (i)Create, store, share, publish, reproduce, modify (including synchronization with other contents), update, delete or otherwise make available contents ("User Content").
  • (ii)Access to contents published by other Users.

By publishing the User Content, the User warrants that no confidentiality obligation shall apply and that User Content can be disclosed to the public without restrictions.

Likewise, the User agrees and warrants to be bound by the following rules:

  • (i)User Content must be relevant, abide to rights of third parties, the law, or public order and must comply with these Terms. Users must take into consideration that they are solely responsible for content saved and published through the Services.
  • (ii)To be authorized to share the User Content because he/shee has been authorized by the owner or because it is in public domain.
  • (iii)User Content will not infringe third parties rights.
  • (iv)User Content cannot be used with purposes other than those indicated in the Services.
  • (v)User Content must be free from viruses, worms or any other type of destructive code.
  • (vi)User Content must comply with the conditions and technical requirements set out from time to time by Elasthink.
  • (vii)User undertakes not to not publish or upload any User Content that includes material which possession by User is illegal, o which use for Elasthink for the provision of the Services is illegal.
  • (viii)The User agrees to comply with any condition established by third parties for the use of the User Content and is the only responsible for complying with those conditions; in particular those established by third parties websites through which User share the User Content (for example, if videos are embedded).
  • (ix)User Content must be designed to establish an educational purpose according to the Website´s objective.

The User acknowledges and agrees to be solely responsible for the User Content and the effects of its publication. Elasthink does not endorse any User Content or any opinion, recommendation, or advice expressed about the same, excluding expressly all responsibility related to User Content.

Elasthink merely stores the User Content that complies the technical conditions of the Services. As a consequence, Elasthink does not edit, select, review, control, guarantee, endorse or identifies with the User Content. If you wish to make any inquiry related to User Content or believe that it may infringe any law, it does not comply these Terms or it may be inappropriate, you can send an email to support@lyricstraning.com.

Notwithstanding the fact that Elasthink is not under an obligated to supervise the User Content, Elasthink may modify or delete (partially or totally) at anytime, any User Content which Elasthink deems to have breached these Terms or may be deemed to be offensive, illegal or in violation of the rights of third parties.

5. LINKS TO THIRD PARTY WEBSITES

The links provided in Website are addressed to sites that are owned by third parties different to Elasthink and Elasthink is not responsible for those sites. Elasthink does not undertake to control the services, contents, data, folders, products and any material in third party´s sites. Therefore, Elasthink shall not be liable under any circumstances for the legality of the content of such sites. The owner of the site is the sole responsible for the content of that link, especially regarding compliance with law, morals, good customs and public order.

6. ADVERTISING IN WEBSITE

The contents, offers and promotions of third parties that are displayed in the Website or in the Application will be sole responsibility of advertiser.

7. RESPONSABILITY

The User acknowledges and agrees that use of the Website, the Application and the Services is at the User's own risk and under the User's responsibility and therefore Elasthink does not accept any responsibility for the misuse or use in breach of these Terms.

The User will be responsible for any damages to Elasthink resulting from the User's use of the Website, the Application and the Services in breach of the Terms and accepts to indemnify Elasthink and its directors, employees, agents and representatives from any liability in which they may incur resulting from the User's breach of these Terms.

Elasthink does not warrant the availability or continuity of the Website, the Application and the Services, its accuracy, reliability or completeness, or whether the Website, the Applications and the Services are fit for a particular purpose. To the maximum extent permitted by applicable law, Elasthink will not be liable in this regard.

As way of example and without limitation, Elasthink shall not be liable for any damages resulting from:

  • (i)Interruptions, viruses, technical problems, interferences, omissions, unavailability, power cuts, failureof the telecommunication networks or the User's equipment which are not Elasthink's responsibility.
  • (ii)Delays or unavailability of the Website, the Application and the Services due to deficiencies or traffic overload on the Internet, in the communication network or the electricity grid.
  • (iii)Third party actions.
  • (iv)Unavailability of the Website, the Application and the Services due to maintenance or software updates.
  • (v)Anything that is beyond Elasthink direct control.

SAVE FOR ELASTHINK'S WILFUL MISCONDUCT, AND THOSE CASES IN WHICH DUE TO THE SPECIFIC CIRCUMSTANCES OF THE USER INVOLVED OR THE NATURE OF THE MATTER, APPLICABLE LAW PROVIDES THAT LIABILITY CANNOT BE LIMITED BY AGREEMENT, USE OF THE WEBSITE, THE APPLICATION AND THE SERVICES IS AT SOLE RISK OF THE USER AND ELASTHINK SHALL NOT BE LIABLE FOR ANY DAMAGE OF ANY KIND TO THE USER AS A RESULT OF USING THE WEBSITE, THE APPLICATION AND THE SERVICES.

In accordance with section 4 above regarding the User's Content, Elasthink acts exclusively as a provider of Services consisting in allowing the Users to store and publish the User Content through the Website and the Application. Liability for the storing or publishing in the Website and in the Application of the User Content or any other information, data, text, software, sound files, pictures, graphics, videos, news or other materials included in the Website, lies exclusively in the User who stores or publishes the relevant content, except in the specific circumstances provided by applicable law.

The displaying of links in the Services does not imply any relationship, recommendation or supervision by Elasthink of the linked Website and accordingly, Elasthink does not accept any liability in relation to the content of any linked Website except in the specific circumstances established by applicable law.

8. INTELLECTUAL PROPERTY

All intellectual property rights on the Website, the Application, the Services, its design, and source code, and all intellectual property rights on any content included in the same belong or its use is authorized to Elasthink.

The User is only authorized to access and use the Website, the Application and the Services and to download their content for its personal use. Except when specifically authorized, Users are not allowed to reproduce, transform, make any derivative work, distribute, make available, communicate to third parties, extract, reutilize and/or use the Website or any of its contents.

The User remains as owner of the User Content stored, uploaded or published through the Services as provided under section 4 above.

The User grants Elasthink, who accepts, a non exclusive, royalty-free, worldwide license, with the right to sublicense to any third party, for the whole term of the rights, on the User Content stored or published to:

  • (i)Access, use, store, reproduce, modify, transform, update, translate, publish, distribute, delete, make part or all of the User Content available on the Website, the Application, the Services or websites operated by third parties with whom Elasthink agrees the publication of the User Content.
  • (ii)Carrying out technical and maintenance works necessary for completing any of the above.

The User warrants that it is has all necessary rights on the User Content for storing and publishing it through the Services and for granting the above license from the relevant third parties or has ensured that the User Content is "free of rights". Therefore, the User will indemnify Elasthink from any infringement of intellectual property rights of third parties that may be caused by the publication of User Content on the Website.

Likewise, the User authorizes to Elasthink to publish and use his/her user name related to User Content published according to these Terms.

In case of you have any complaint related to any User Content published through the Website, the Application or the Services, you can send an email to support@lyricstraning.com or use the report systems indicated in the Website, the Application or in the Service.

9. APPLICATION END USER LICENSE AGREEMENT

Elasthink authorizes the User to download the Application only by virtue of this license. Elasthink reserves all rights not expressly granted to the User in this license. The terms of this license will govern any upgrades provided by Elasthink that replace and/or supplement the original Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will apply.

Elasthink grants the User a non-transferable license to download and use the Application, in object code only, in a device the User owns or controls and only for the purposes and uses allowed in these Terms. This license does not allow the User to use the Application in any device that User does not own or control.

The User shall no distribute or make the Application available over a network where it could be used by multiple devices at the same time. The User shall not rent, lease, lend, sell, redistribute, communicate to the public or sublicense the Application. The User shall not copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Application, any updates or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Application). Any attempt to do so is a violation of the rights of Elasthink and its licensors.

The license is effective until terminated by the User or Elasthink User's rights under this license will terminate automatically without notice from Elasthink if the User fails to comply with any term(s) of this license. Upon termination of the license, the User shall cease all use of the Application, and destroy all copies, full or partial, of the Application.

To the maximum extent permitted by applicable law, the Application are provided "as is" and "as available", with all faults and without warranty of any kind, and Elasthink hereby disclaims all warranties and conditions with respect to the Application, either express, implied or statutory, including, but not limited to, warranties and/or conditions of merchantability, of satisfactory quality or of fitness for a particular purpose. Should the Application prove defective, the User assumes the entire cost of all necessary servicing, repair or correction, to the maximum extent permitted by applicable law.

10. MODIFICATION OR TERMINATION OF SERVICES

Elasthink may, at any time, without incurring any liability, changes the content of the Website, Application or Services, interrupt the Services, all or in part, and any functionality or deactivate or delete all or some of the accounts, with more limitations than those established by the applicable laws related to the obligation to keep records about certain transactions during the relevant legal time.

11. GENERAL

The laws of Spain govern use of the Website, the Application and the Services, unless that is necessary to apply as imperatively form any other legislation.

If any provision in these Terms is declared to be invalid or null, it shall be deemed that it had not been included. The remaining provisions in these Terms shall not be affected in anyway.