Terms of use and privacy policy

Introduction

This legal notice regulates the use of the website brainsnursery.com whose owner are the companies: COBRAINS, SL, with registered office at C/ La Salvia, 44-46, telephone 916503030: Email info@brainsnsm.es, identified with CIF B-81705881. CHILDBRAINS, S.A., with registered office at Av. Toreros, 9-11, Telephone 917266400: Email info@brainsnsm.es, identified with CIF A-84427483. Who for all purposes of this page will be called BRAINS NURSERY SCHOOLS MADRID Brains Nursery Schools Madrid welcomes you and invites you to read carefully the Legal Notice of this Website (hereinafter, «Legal Notice») that describe the terms and conditions that will be applicable to its navigation, in accordance with what is established in the Spanish regulations of application. Given that Brains Nursery Schools Madrid could modify these Terms of Use in the future, we recommend that you visit them periodically to be duly informed of the changes made. With the aim that the use of the Website complies with criteria of transparency, clarity and simplicity, Brains Nursery Schools Madrid informs the User that any suggestion, doubt or query about the Legal Notice will be received and solved by contacting Brains Nursery Schools Madrid  through the telephone number 91 650 30 30, or at the email address: info@brainsnursery.com.  

II. Object

Brains Nursery Schools Madrid provides the content and services that are available on the Website, subject to this Legal Notice as well as the policy on the processing of personal data (hereinafter, the «Data Protection Policy»). Access to this Website or its use in any way gives it the qualification of «User» and implies the unreserved acceptance of each and every one of these General Conditions of Use, reserving Brains Nursery Schools Madrid the right to modify them in any moment. Consequently, it will be the responsibility of every User, to closely read the current Legal Notice everytime he accesses this Web Site, therefore, if he does not agree with any of this, he should abstain the use of this Website. Likewise, you are advised that, sometimes, special conditions may be established for the use of specific contents and / or services on the Website, the use of said contents or services will imply the acceptance of the specific conditions specified therein.

III. Services

Through the Website, Brains Nursery Schools Madrid offers Users the possibility of accessing: information on the services offered (hereinafter the «Services»).

IV. Industrial and Intellectual Property

The User acknowledges and accepts that all the contents displayed on the Website  especially, designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs susceptible of industrial use and / or commercial are subject to Intellectual Property rights and all trademarks, trade names or distinctive signs, all industrial and intellectual property rights, over the contents and / or any other elements inserted in the page, which are the exclusive property of Brains Nursery Schools Madrid and / or third parties, who have the exclusive right to use them in the commercial purposes. Therefore, the User agrees not to reproduce, copy, distribute, make available or otherwise publicly communicate, transform or modify such content, keeping Brains Nursery Schools Madrid harmless from any claim arising from the breach of such obligations. In no case does access to the Website imply any type of waiver, transmission, license or total or partial cession of said rights, unless expressly stated otherwise. The present Legal Notice of the Website does not confer on the Users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and / or its Contents other than those expressly provided herein. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for that purpose by Brains Nursery Schools Madrid or the third party holder of the rights affected. The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation existing on this site, as well as the site as a whole, as a multimedia artistic work, are protected as rights of copyright by the legislation on intellectual property. Brains Nursery Schools Madrid is the owner of the elements that make up the graphic design of the Website, the menus, navigation buttons, HTML code, texts, images, textures, graphics and any other content of the Website or, in any case, of the corresponding authorization for the use of said elements. The content provided on the Website may not be reproduced in whole or in part, nor transmitted, nor registered by any information retrieval system, in any form or in any medium, unless prior authorization is granted, for written, of the aforementioned Entity. Likewise, it is forbidden to suppress, evade and / or manipulate the «copyright» as well as the technical protection devices, or any information mechanisms that may contain the contents. The User of this Website undertakes to respect the rights enunciated and to avoid any action that could harm them, reserving in any case Brains Nursery Schools Madrid the exercise of any means or legal actions that correspond to him in defense of his legitimate rights of intellectual and industrial property.

V. Obligations and Responsibilities of the Website User

The User agrees to: Make an appropriate and lawful use of the Website as well as the contents and services, in accordance with: (I) the applicable legislation at all times; (II) the Legal Notice of the Website; (III) morality and generally accepted good practices and (IV) public order.  Provide all the means and technical requirements that are required to access the Website.  Provide truthful information by completing the forms contained on the Website with your personal data and keeping them updated at all times so that it responds at all times to the real situation of the User. The User will be solely responsible for the false or inaccurate statements made and the damages caused to Brains Nursery Schools Madrid or third parties for the information provided. However, as established in the previous section, the User must also refrain from: Making unauthorized or fraudulent use of the Website and / or content for illegal purposes or effects, prohibited in these General Terms of Use, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload, deteriorate or prevent the normal use of services or documents, files and all kinds of content stored on any computer equipment. Access or attempt to access resources or restricted areas of the Website, without fulfilling the conditions required for such access.  Causing damage to the physical or logical systems of the Website, its suppliers or third parties.  Introduce or spread computer viruses or any other physical or logical systems that are likely to cause damage to the physical or logical systems of Brains Nursery Schools Madrid, its suppliers or third parties.  Attempt to access, use and / or manipulate the data of Brains Nursery Schools Madrid, third party providers and other users.  Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless you have the authorization of the owner of the corresponding rights or it is legally permitted. Delete, hide or manipulate the notes on intellectual or industrial property rights and other data identifying the rights of Brains Nursery Schools Madrid or third parties incorporated into the contents, as well as technical protection devices or any information mechanism that may be inserted in the content. Obtain and try to obtain the contents using means or procedures different from those that, according to the cases, have been made available for this purpose or have been expressly indicated in the web pages where the contents are found or, in general, from those that are usually used on the Internet because they do not involve a risk of damage or disablement of the website and / or contents.  In particular, and merely indicative and not exhaustive, the User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and / or image files, photographs, recordings, software and, in general, any kind of material that: In any way it is contrary, belittles or undermines the fundamental rights and public liberties recognized constitutionally, in the International Treaties and in the rest of the current legislation. Induce, incite or promote criminal, slanderous, defamatory, violent or, in general, contrary to the law, morals, generally accepted good practices or public order. Induce, incite or promote discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition.  Incorporate, make available or allow access to products, items, messages and / or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to law, morality and generally accepted good practices or public order . Induces or may induce an unacceptable state of anxiety or fear.  Induce or incite to engage in dangerous, risky or harmful practices for health and psychic balance. (vii) It is protected by the legislation on intellectual or industrial protection pertaining to  Brains Nursery Schools Madrid or to third parties without having authorized the intended use.  Be contrary to honor, personal and family privacy or the image of people.  Constitute any type of advertising.  Include any type of virus or program that prevents the normal operation of the Website.  To access some of the services and / or contents of the Website, you will be provided with a password, you are obliged to use it diligently, keeping it secret at all times. Consequently, it will be responsible for its adequate custody and confidentiality, undertaking not to assign it to third parties, temporarily or permanently, or to allow access to the aforementioned services and / or contents by third parties. Likewise, it is obliged to notify Brains Nursery Schools Madrid of any fact that may imply an improper use of its password, such as, without limitation, its theft, loss or unauthorized access, in order to proceed with its immediate cancellation. Consequently, while not making the previous notification,   Brains Nursery Schools Madrid will be exempt from any liability that may arise from the improper use of your password, being your responsibility any unlawful use of the contents and / or services of the Website by any illegitimate third party . If negligently or intentionally fails to comply with any of the obligations set forth in these General Conditions of Use, it will be liable for all damages and losses resulting from said non-compliance for Brains Nursery Schools Madrid.

VI. Responsibilities

Brains Nursery Schools Madrid does not guarantee the continued access, nor the correct visualization, download or use of the elements and information contained in the Brains Nursery Schools Madrid pages, which may be impeded, hindered or interrupted by factors or circumstances beyond its control. Brains Nursery Schools Madrid is not responsible for the decisions that may be adopted as a result of access to the contents or information offered. Brains Nursery Schools Madrid may interrupt the service or immediately resolve the relationship with the User if it detects that a use of its Website or any of the services offered in it are contrary to these General Conditions of Use. Brains Nursery Schools Madrid is not responsible for damages, losses, losses, claims or expenses derived from the use of the Website. It will only be responsible for eliminating, as soon as possible, the contents that may generate such damages, provided that this is notified. In particular, it will not be liable for damages that may arise, inter alia, from: interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in the telecommunications lines and networks, or for any other cause beyond the control of Brains Nursery Schools Madrid. Illegitimate interference through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any other.   Improper or inappropriate abuse of the Website Security or navigation errors caused by the browser malfunctioning or by the use of non-updated versions. The administrators of Brains Nursery Schools Madrid reserve the right to withdraw, in whole or in part, any content or information present on the Website. Brains Nursery Schools Madrid excludes any liability for damages of any nature that could be due to the misuse of the services freely available and used by Website Users. Likewise, Brains Nursery Schools Madrid is exempt from any responsibility for the content and information that may be received as a result of the data collection forms, being the same only for the provision of query and doubt services. On the other hand, in case of causing damages for an illicit or incorrect use of said services, the User may be claimed by Brains Nursery Schools Madrid for the damages or losses caused. You will defend, indemnify and hold Brains Nursery Schools Madrid harmless against any damages arising from claims, actions or claims of third parties as a result of your access or use of the Website. Likewise, you agree to indemnify Brains Nursery Schools Madrid against any damages arising from the use of «robots», «spiders», «crawlers» or similar tools used for the purpose of collecting or extracting data. or any other action on your part that imposes an unreasonable burden on the operation of the Website.   Hyperlinks The User undertakes not to reproduce in any way, even through a hyperlink, the Brains Nursery Schools Madrid Website, or any of its contents, unless expressly authorized in writing by Brains Nursery Schools Madrid. The Brains Nursery Schools Madrid website includes links to other websites managed by third parties, in order to facilitate the User’s access to the information of collaborating companies and / or sponsors. In accordance with this, Brains Nursery Schools Madrid is not responsible for the content of these websites, nor is it in a position of guarantor or / or offering party of the services and / or information that may be offered to third parties through the links of third parties. The User is granted a limited, revocable and non-exclusive right to create links to the main page of the Website exclusively for private and non-commercial use. Websites that include a link to our Website can not imply that Brains Nursery Schools Madrid recommends that website or its services or products. They can not falsify their relationship with Brains Nursery Schools Madrid nor affirm that Brains Nursery Schools Madrid has authorized such link, nor include brands, denominations, commercial names, logos or other distinctive signs of Brains Nursery Schools Madrid. They may not include content that may be considered distasteful, obscene, offensive, controversial, that incites violence or discrimination based on sex, race or religion, contrary to public order or unlawful.  They can not link to any page of the Website other than the main page. You must link to the Website’s own address, without allowing the website that makes the link to reproduce the Website as part of its website or within one of its «frames» or create a «browser» on any of the pages of the website.  Brains Nursery Schools Madrid may request, at any time, to remove any link to the Website, after which it must proceed immediately to its elimination. Brains Nursery Schools Madrid can not control the information, content, products or services provided by other websites that have established links to the Website. Consequently, Brains Nursery Schools Madrid does not assume any type of responsibility for any aspect related to such websites.

VII. Duration and termination

The provisions of the service of this Website and the other services have in principle an indefinite duration. However, Brains Nursery Schools Madrid may terminate or suspend any of the portal services. When this is possible, (Brains Nursery Schools Madrid will announce the termination or suspension of the provision of the determined service.         Declarations and Guarantees  In general, the contents and services offered on the Website are purely informative. Therefore, when offered, Brains Nursery Schools Madrid does not grant any guarantee or declaration in relation to the contents and services offered on the Website, including, without limitation, guarantees of lawfulness, reliability, usefulness, veracity, accuracy, or merchantability. Except to the extent that such declarations and guarantees can not be excluded by law.

VIII. Force Majeure

Brains Nursery Schools Madrid shall not be liable in any case for failure to provide service, if this is due to prolonged interruptions of power supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general, all cases of force majeure or fortuitous events.

IX. Resolution of controversies. Applicable law and jurisdiction

These General Conditions of Use, as well as the use of the Website, will be governed by Spanish legislation. Any dispute will be resolved before the courts of Madrid. In the event that any provision of these Legal Notice is unenforceable or void by virtue of applicable law or as a consequence of a judicial or administrative decision, such unenforceability or nullity will not render this Legal Notice unenforceable or void as a whole. . In such cases, Brains Nursery Schools Madrid will proceed to modify or replace said stipulation with another one that is valid and enforceable and that, as far as possible, achieve the objective and pretension reflected in the original stipulation. The participants of the different Blogs of this Web site must associate their messages to a Facebook, Yahoo, AOL or Hotmail account so that they do not resort to using false identities.  The content of each message is sent directly by the participant of the Blog, so BRAINS NURSERY SCHOOLS MADRID, is not responsible for the messages published, being these, exclusive civil and criminal responsibility of the person who sent it and / or used the Blog. The user who leaves messages posted on the Blog can not use vulgar, obscene, discriminatory, offensive language, nor is it allowed any type of personal attack, harassment, threats, insults, or say issues that embarrass any other participant in the forum or attente against BRAINS NURSERY SCHOOLS MADRID, or people collaborating with the company.  Any participant of the Blog that detects that there are manifestations contrary to the laws, morals and / or good customs must inform BRAINS NURSERY SCHOOLS MADRID. Through this forum BRAINS NURSERY SCHOOLS MADRID, aims to provide participants with the possibility to make criticisms or comments in a constructive, cordial and morally acceptable. All messages that do not conform to these characteristics will be rejected.   The Forums include informal conversations of people outside of BRAINS NURSERY SCHOOLS MADRID, therefore, they do not commit in any way to BRAINS NURSERY SCHOOLS MADRID S.A. If the Blog participant does not accept these conditions, he is not authorized to participate in the Forum.

X. Minors

To use the services of brainsnursery.com, minors or incompetent must be in the company of their parents, guardians, teachers or legal representatives, who will be held responsible for all acts performed by them.  Parents, guardians, teachers or legal representatives are obliged to control and restrict access to web pages that they consider unsuitable for minors and to communicate to BRAINS NURSERY SCHOOLS MADRID, any type of anomaly on the website brainsnursery.com regarding the contents BRAINS NURSERY SCHOOLS MADRID excludes any liability for damages of any kind that may arise from the personal data of minors provided by third parties through brainsnursery.com website.

XI. Intellectual property

The content of the Website is an original work and protected by Intellectual Property Law with all rights reserved for BRAINS NURSERY SCHOOLS MADRID, not allowing the reproduction or transmission in any form, or by any means of part or all of the content of the material of this Website, including without limitation, contracts, text, graphics, design code, without prior authorization of the author. At no time may be copied, modified or decompiled source code by reverse engineering or any other technique to that effect. All the logos and trademarks of this page are registered as trademarks in the corresponding public records, counting in this way with the benefit of the public record before any type of controversy in this sense.  The logos other than BRAINS NURSERY SCHOOLS MADRID that may appear on the website, belong to their respective owners, being in any case themselves responsible for any possible dispute that may occur regarding them. The placement of these on the website has been in any case, prior communication and acceptance by them. The design of the Website is property of BRAINS NURSERY SCHOOLS MADRID from its programming, edition, compilation and other elements necessary for its operation, therefore, the express and written authorization of BRAINS NURSERY SCHOOLS MADRID will be necessary for its partial or total reproduction, as well as for the exploitation, distribution and commercialization in general.   Claims that may be filed by Users in relation to possible breaches of intellectual or industrial property rights over any of the Contents of this Website should be directed to the following email address: info@brainsnursery.com.

XII. Knowledge of Illicit Conduct

In the event that any User or a third party considers that there are facts or circumstances that reveal the illicit nature of the use of any content and / or the performance of any activity on the Website, and that could constitute a violation of copyright intellectual or industrial property or other rights, you have the obligation to send a notification containing the following information:  Name, address, telephone number and email address of the claimant. Specification of the alleged illicit activity carried out in the Portal and, in particular, in the case of an alleged violation of rights, precise and concrete indication of the protected content, as well as its location in the Web pages.  Facts or circumstances that reveal the illicit nature of said activity.  In the case of violation of rights, handwritten signature or equivalent, with the personal data of the owner of the rights allegedly infringed or of the person authorized to act on behalf of and on behalf of the latter. Express, clear and under the responsibility of the claimant that the information provided in the notification is accurate and illicit nature of the use of the contents or the performance of the activities described. In this sense, all the Notifications made by BRAINS NURSERY SCHOOLS MADRID to the User will be considered validly made if they have been made using the data provided by him and through the aforementioned means. For these purposes, the User declares that all the data provided by him is true and correct, and undertakes to notify BRAINS NURSERY SCHOOLS MADRID of all changes related to the notification data.

XIII. Final provisions

BRAINS NURSERY SCHOOLS MADRID reserves the right to amend this Policy. The amendments are made through the publication of a new Policy on the website. The amendments will become effective at the time of their implementation. Users are encouraged to familiarize themselves periodically with the text of this Policy in order to be up-to-date on its amendments and provisions. The use of this website implies acceptance of this Policy. If the User does not accept it, BRAINS NURSERY SCHOOLS MADRID can not allow access to its services and the use of its services must cease immediately. Any dispute regarding this Policy, if not resolved amicably, will be resolved before the competent court by jurisdiction.