Usage Terms



Terms and Conditions of Use and Hiring

Ref:EULA01102014 Version 0.100

 

Terms and conditions of use and hiring of services offered by PULSAR INARA S.L.U. (hereinafter PULSAR INARA) through the web available in the URL www.atheneax.com (hereinafter atheneaX)



A.- Company details





In compliance with article 10 of the Law 34/2002, of July 11th, of Services of the Information and Electronic Commerce Society, below are exposed the identifying information of the company

Company Name: Pulsar Inara S.L.U.

FIC (Fiscal Identification Code): B44233112

Registered Office: Sagunto Avenue 116, CEEI Building. 44002 Teruel, Spain.

Phone number: +34 978 653 850

Email: info@pulsarinara.com





B.- General conditions: Use of aheneaX





By accessing to atheneaX, you automatically express your acceptance with all the following Terms of use. Please, check this use conditions, as well as the privacy policy related with the website, due to they are binding in the relationship of atheneaX with final customer. By considering the fact that atheneaX may change those terms of use at any time and those changes will be of immediately effect once published. That is the reason why we recommend you to pay attention to any announcement or warning of a change in this document. We also want to insist on these terms of use will be only applied to atheneaX and they are not applied to others' content, although they were included in it.



Costumer is responsible of the compliance of the laws and regulations in force and the rules applicable to the acceptable use of atheneaX carries out. Likewise, in general it's forbidden the contrary use to good faith, and particularly by a not exhaustive mode:



The use that results contrary to the Spanish laws or that infringe other's rights, publication or transmission of any content that results violent, obscene, abusive, illegal, racist, xenophobe, defamatory, pornographic, inciting crime or illegality or that violates the intellectual property rights of atheneaX or third parties.



Disrupt or intervene by fraudulent ways, the source code, emails or systems from atheneaX or from other users or other parties without an express authorization.



The collection and/or use of personal details from other users without its own express consent or disobeying what it's said in the Law 15/199, of December 13th, of Protection of Personal Data.



The use of the mail server of the domain and/or the email addresses of users from atheneaX or from the users for any purpose than stated in these terms of use, especially malpractice as spam, mail bombing, phishing, spreading viruses (Trojans, worms, etc.), or any other type of activity saboteur, fraudulent or criminal intent.



The customer, user and/or owner of the register organization guarantees to atheneaX that the registration is not carry out with an illicit purpose nor violates intellectual and industrial property rights or other rights or legitimate interest from others.



1- Minimum requirements



To enjoy of the contents of atheneaX with the highest quality, we recommend you that the device from user possess a minimum requirements to obtain the better experience.



In the first place, user must have an Internet connexion. It's recommended a download speed from Internet of 3Mbps and a upload speed of 512Kbps using an ISP (Internet Service Provider) from whom atheneaX it's not responsible. atheneaX doesn't facilitate nor offer this service of Internet connexion and obviously the costs from this service must be pay by own user.



Your Internet connexion must allow the data traffic using technologies like VOIP, have low latency and constancy of connection (not recommended satellite connections nor 3G mobile networks)



Below we detail the minimum requirements of hardware and software that the computer equipment from user must have to for a correct visualization of content. We insistently recommend users to possess these minimum requirements to have a good media experience according to functionalities they want to access.



a. Browse by atheneaX:

Hardware: (PC)

Intel Processor (*1) i3

Memory 2GB

Keyboard

Mouse

Screen of 17' Aspect relationship 4:3, minimum resolution of 1024x768 pixels.

Software:

Operating systems supported :

Microsoft (*1) Windows 7,

Mac (*1) OS X 10.9 Mavericks,

Linux Fedora (*1) 20.

Browsers supported(*2):

see ANNEX 1.

 

b. Watch live in a room:

In addition to the requirements for browsing (a) it's necessary:

Hardware: (PC)

Speakers.

 

c. Broadcast live in a room:

In addition to the requirements for browsing (a) and watch live (b), it's necessary:

Hardware: (PC)

  • Webcam with a microphone.



The entire atheneaX technology is not supported on Apple iOS system(*1), so users from iOS won't enjoy a whole experience.

Therefore and for example, is not possible to play live broadcasts from tables like iPad or iPhone phones.

In the same way it's not supported any version from Microsoft (*1) Internet Explorer to view live broadcasts or to broadcast live, so we always recommend you browse with Google (*1) Chrome or Mozilla (*1) Firefox.

 

(*1) atheneaX is independent of these companies and receives no compensation from them. All trademarks belong to their respective owners.



In any way, user is the unique responsible of its equipment configuration. Antivirus programs, firewalls or systems adjustments may cause malfunctions in atheneaX.





2- atheneaX goals





atheneaX is a website destined to education, communication and knowledge, where users are able to assist or generate events and communications both live as differed.





3- User's Register





You can access to atheneaX only as viewer. This action doesn't requires the delivery of any personal data, but you won't have access to reserved contents, just a visit through the different menus and sub-menus from the website. To have access to full content from atheneaX we suggest you the subscription made while creating a organization, which gives you access to all functionalities offered, or the subscription to any course from some of organizations registered in the platform to access content.



Once you are registered as user of atheneaX, and you enjoy its contents, you will delivery some personal data as your name, surname or origin country. You promise to give us such full personal information, identical and updated. At any change in such registry information, you must inform us. In case of providing false and/or outdated information, you should know that your account may be suspended immediately, without any right of refund of fees paid.



You also must keep in mind that email address used for your register as user has to be active and functional. Furthermore atheneaX recommends you to check security policy of them, it can happen that you don't receive all not messages we send you from the administration of atheneaX, carrying out a relevant loose of information for you.



Different firewalls or block systems belonging to your email, personal computer or Internet connexion device may cause the problem of no reception the messages of this administration which it doesn't response about a bad configuration of your software or security policies of other's people service companies.



In order to cooperate with government requests, citations or judicial orders, to protect our systems or to guarantee the integrity and the functioning of our business and systems, its possible to access and reveal any information that you consider necessary or appropriate, including without limits your user information, IP address and traffic information, use history and the content that you could publish in this website. Our right to reveal such information will be ruled by terms of our Privacy Policy.



3.1- Data custody





The responsibility of custody of your personal data of access to your atheneaX account are shared between atheneaX and you. These user data are for a personal use and untransferable. aheneaX supplies the necessary ways to achieve that no data of users could be extracted and therefore could exists a risk of fraudulent use. Likewise user has also the responsibility to custody those data by a responsible way, if in any case it suspected to have their data extracted or being used by others they must to communicate to its immediately resolution. In case administration of atheneaX have the certain of the use from thirds, administration could proceed to cancel user until to contact him to clarify and solve the situation.



3.2-Sharing of contents by users



If you decide to take part sending some content to atheneaX you must keep in mind that such content will be distributed to thirds.

At no time, atheneaX will be owner or it will have rights above the content that a user could upload to atheneaX, being the user the single responsible, and no providing atheneaX no type of remuneration to user under any concept.

Please, remind that you are the last responsible of any Content that you supplies and you guarantee that and you declare that:





1- Content can not and it won't infringe any author right or any other right nor violate any law or regulation applicable,

2- You have all rights and/or permissions that are required to concede at the same time all necessary expected rights and licenses in this atheneaX section, including no limits, copyrights and distributions rights and other rights related with content, free of all claims and taxes, without violating any people/entity rights, including any privacy right.



And according to the degree of user involvement in atheneaX:



A- As a guest user, you can not supply any content nor comments to the platform.

B- As a registered user, you will be responsible of those comments, declarations or facts that are made through your user account, as for example but not limited to: attempts to modify content you don't have permission of edition, modify comments from other users, etc. that's the reason why we remind you that you are responsible of the custody of your access data.

C- As a speaker user, you will be responsible of previous and the contents that you upload to atheneaX, both in text as images or videos, as well as your declarations through live broadcast services, or any other element available in the platform, especially an abusive use of services supplied by atheneaX and no cause with bad usage or abusive of slowdown of servers from atheneaX



D- As an administrator user of an organization, you will be responsible of previous and also the last responsible of the contents of all courses of the organization, teacher's assignation and student's assignation to courses, abusive usage of services offered by atheneaX and especially no causing with bad usage or abusive the slowdown of servers from atheneaX damaging the provision of them to other customers.



At any previous case, the bad usage, abusive or illicit usage of atheneaX will cause the cancellation of user account without refund possibility of any fee if applicable, and depend on the infraction's importance, atheneaX will inform propriety authorities any sign of felony if it was the case.



4- Property Rights



atheneaX is property of PULSAR INARA and it's protected by intellectual property law and other laws around the world. Brands, logotypes and service brands which appears in the website are property from PULSAR INARA or its Partners and/or users.



If you had any knowledge about any content of website that violates author rights, please contact us through infraction process of author rights by sending an email to info@atheneax.com or through contact form of atheneaX.



Any use, copy, reproduction, modification, publication, upload, download, transmission, distribution or duplication of any part of the website remains strictly forbidden, unless the contrary would said expressly.



No content contained in Usage Terms or in the contents from the website must be interpreted as a concession, by implication, impediment or any other way, any license or right to use any material in any way, without previous written consent from atheneaX or the third that's owns the material or the intellectual property which appears in this website, also, use of contents or material for any purpose not expressly allowed in Usage Terms, is forbidden.



5- Availability of Services.

5.1. - Internet Access

atheneaX doesn't supply Internet access or required equipment to get access to Internet or websites. You are responsible of the professional fees collected by other service company to get access to our website and the services we supply. Occasionally, atheneaX may modify, suspend or interrupt any service supply in our website under no previous announcement.



This costs in this service supply, may be caused by the necessity before the adaptation to computer support, physic or virtual, technical adjustments or several updates from platform. atheneaX won't be responsible before you by any service interruption caused by external causes, like electrical supply failures or virtual storage suppliers failures. atheneaX may establish, modify, add or delete certain policies and practices related to the use of the Services, including with no limits, the number of days that elements will be in our systems. atheneaX doesn't have any responsibility or obligation by the removing or failure of any content maintained by our services. We reserve the right to change our practices and policies at any moment with or without previous advertisement.

 

5.2.- Availability of hired services

Being subscribed to one of the pay options from website, provides you the right to consult and /or deliver contents collected or broadcasted by the website, if there is any legal circumstance, operative, personal or any mishap external to administration willing, coordination and technical service of atheneaX, it won't be offered by partial time or indeterminate the subscribed services, you have to know you won't have any right to claim any amount to this organization, nor by subscription's rights, nor by adjacent damages imputable to no possibility to enjoy services.

In case of a service was cut off by imputable cause to this organization, you won't have any right to refund. In any case and depend on the criteria of this organization, like payment user that will have rights to no discount time that service has been cut off.



6- Offers from Third Parties.

We inform you that we allow that other companies, partners or not, may offers you products and services, including offers through atheneaX.. Your participation in any of these offers, including payment and representation associated with this kind of offers, it's a exclusive responsibility between you and third parties. You accept that aheneaX won't be responsible by any cost or damage that you commit as result of your decision to be part of this transactions.



7- Links from our website

Although our website may have links to other website from others companies and promoters, atheneaX doesn't have any control over those websites. atheneaX won't be responsible of any content, publicity, product, service or other material in or available in those websites.



8- Privacy

atheneaX firmly believes in the protection of user's privacy of this website and we supply, as therefore, a Privacy Policy, that incorporates herein, and by your reference you should read to understand how we compile and use information.



9- Guarantee Limitations



You understand and agree that:

 

1. Our website and services that are supplied through it are offered “just like that” and “depending on availability”

2. Functions, materials and content from atheneaX are not guaranteed to be uninterrupted and failure free.

3. atheneaX does not guarantee that information contained it is accurate, reliable or current, or that quality of the products, services, information or other purchased material or obtained through the website keeps expectations.

4. atheneaX excludes any responsibility by deleting, storage failure, delay and error in the delivery of any information or material.

5. You assume all risk of loosing or damaging due to use of atheneaX, including but not limiting the cost of repairing or correction of its hardware or software.

6. Some national jurisdictions do not allow exclusion from certain guarantees, as result, some of the renunciations can not be applicable to user.



10- Responsibility limitation



atheneaX is not responsible for the contents that user include in the website or any links and/or data provided at the locations thereof.

Information provided in every event, course or organization in atheneaX is unique responsibility from user that introduces it and in last instance of the administrator responsible of the organization in which storage it was contained these information.



In any case atheneaX nor third parties involved in the creation, production or broadcasting of atheneaX, included its employees, assume any responsibility by damages, harms, wounds resulted by access to website, use or impossibility to use, or by results of actuation made in base to information obtained in atheneaX, or damages and harms caused and no limited to a possible broadcast on live, why use of atheneaX is under responsibility and risk from user.



11- Choice of law and office.



The conditions of use, access and the website usage and of the services and the relationship between you and atheneaX is ruled by laws from Kingdom of Spain, without giving effect to conflict of legal dispositions. To the resolution of any doubt, discrepancy or divergences that could cause in the compliance and interpretation of herein contract PULSAR INARA and users are agree to be subdued to personal an exclusive jurisdiction of court and magistrates court in the city of Zaragoza or in the city of Teruel, with resignation to whatever other could be of application.



You are responsible to accomplish with local laws. Notwithstanding to previous, atheneaX will have the right to start and present any legal action or equitable to procedure, in any competent jurisdiction to obtain a amends by judicial command or another nature, just for discretion of atheneaX.



Independent from any statute or law in contrary, any claim or action's cause related with atheneaX use, Terms of use must be presented a year after that claim or action's cause or being exclude for ever.

 



12 – Miscellaneous Terms



Terms and conditions contained in the usage terms are indivisible. In the case that any ruling were resolved to be invalid or unenforceable, these ruling still enforcement to the maximum extent by applicable law, and that determination won't affect the validity and enforceability of any remaining ruling.

If atheneaX doesn't accomplish with any ruling from Usage Conditions won't constitute a retirement of that ruling.

The usage terms may be modified as often determined, and just by, atheneaX.

Every time you access to atheneaX, you will be consider that you have accepted those changes in force in the moment of access. This agreement will benefit the successors, assigns and/or potential licensees of ownership of atheneaX.



13- Inscription services



Some of the features of or the offered services through the website requires a payment subscription.



If you decide to purchase the subscription services, it's understood that your subscription is personal, just for owner, and you won't transfer or at your disposition your username and your password to others, including “without limits” your work colleague

The distribution by you of your username and your password to others is forbidden , this situation may suppose the cancellation of you subscription without any refund, and additional charges, based in an unauthorized usage.

Subscription services may suffer changes without previous warning.



You may finish off subscription service in any moment by contacting us in info@atheneax.com. If you have a dispute with us related with atheneaX or its subscription services, you can cancel subscription services. The cancellation of subscription services is your only appeal to any dispute that you could have against us. We are going to try to process all cancellation requests in the 96 hours after receiving the request. Any cancellation is subjected to the policy to no refund described below. Please, remember that if we realise that you are not complying with usage terms we keep the right to cancel your subscription services. In the case of ending or cancelling subscription services, you may immediately deactivate or remove you subscription of website and all the information related and/or forbid any new access by you to website with any refund right.

The price of all subscription services excludes any applicable taxes and any telecommunication spend, unless the opposite were expressly said. To the extent permitted by law, you are responsible for all applicable taxes, whether or not appearing in its statement of income. If you purchase subscription services, you agree to pay using a credit card (or any other form of payment accepted by atheneaX), applicable fees and taxes (if any) set forth in atheneaX.

We keep the right to change fee amount and establish new price list, in force to the end of the current subscription period. All the authorized spend will be billing to designated credit card (or payment method) in the terms described in the specific offer.

If the payment can not be purchased or it's returned to atheneaX by any reason, atheneaX keeps the right to no activate your account, suspend or finish your access to remunerate subscription services.





14- Type of users



atheneaX allows different roles of user in the website.

A.- Guest:

Guest users that are not registered or identified will have access just to basic information of atheneaX, as well as to access to course list and organizations that are registered as visible.



B.- User:

A user identified in atheneaX will have the access to the previous content, and also to request a register in the courses from the organizations previously registered in atheneaX.

Furthermore users can access to courses in which they has been accepted, and to consult the material of the course or event and assist as observer in live room if it was the case, as well as to take part in the chat if it is activated.

Also any users will have access to create a new organization and therefore obtain the administrator role.



C.- Broadcaster:

Broadcasters will be registered users in atheneaX that they have been invited by the creator of an organization to teach a course, and they will have just the privilege of broadcaster in those courses they have this role.

This type of user will have the access to previous content and also, they will have the ability to upload contents to the courses, to create chapters and slides, and to broadcast on live if hired room allows it.

Broadcasters also could be able to activate the chat, mute it, silence an specific user, change slides to all users at the same time, etc.

One same course could have several broadcasters, they will connect into different windows on live depending on the room's capability.

Broadcasters will be responsible of uploaded content that must be legitimate, legal, verified and not offensive.



D.- Administrators :

User that registers an organization becomes the User Administrator thereof.

Administrators users have the capability to create courses, to hire storage and rooms and to invite broadcasters to courses or events among other functionalities.

Administrator users will be last responsible of all contents of the organization, both of its information as of its content of courses and events.



E.- Superuser:

atheneaX keeps the right to dispose of superusers that could have access to all information stored in atheneaX, courses, organizations and contents, with the purpose to carry on maintenance, control and help and always preserving data protection to users.



15- Refund Policy.



Payments made to atheneaX are not fully or partially refundable



Once you purchase a paid subscription service, you will be informed of their durability and ways to extend the subscription in time. If there is no response or it's negative one, atheneaX not proceed with the removal of the account in question, but expired services will be governed by the relevant specific conditions. Also, the user can continue to enjoy the content and services for users of non-payment, to subscribe to new services and receive news overview promotion or general information from the database of atheneaX.



If in doubt about any point of this document you may contact with info@atheneax.com for your inquiry.

 



16. Specific conditions of services





A.- organizations:



1. Accessibility to an organization.

All atheneaX registered users can create one or more organizations from their profile in their user area, becoming the Organization Administrator, hereinafter User Administrator.

Organizations can be visible or invisible, that is, that they will be visible or not from the lists of organizations from those users, registered or not in atheneaX, that visit the list and they are not registered in a course of that organization.



2. Details of the organization.


The users who creates an organization confirm that all data provided on it are true and that they have the authority and / or permits necessary to register the organization in atheneaX.

Among others, a number or tax identification code will be required to bill payment services. If these data were not intentionally introduced so true, atheneaX carry out the appropriate legal action.

If a user registers an organization with a trademark that does not belong him or does not have permission or authority to register it, atheneaX may terminate and cancel all services rendered to the user without the right to return if he had made any atheneaX payment and also proceed to make the necessary legal steps.

The creation of an organization requires a minimum hiring storage in atheneaX. When you create the organization a basket will be generated in a maximum period of 24h. In the moment you create the basket for an organization, public name and another information will be reserved. If payment is not completed in these period of 24h, names of the organization will be released to the register by other user.





B.- Storage.



Any registered organizations need a storage space to save contents it provides.

Storage is hiring by capacity and time.



1.- Storage capacity

In the case of any organization reaches to maximum storage capacity, won't be allowed to create or to upload more content to courses or events until some data will deleted or you increase storage capacity of the organization.

Storage is unique for the entire organization, and it will be shared by the whole courses and events of the organization.

Storage capacity will be specified by packs that atheneaX offers in every moment, and that they could be modified without no warning by atheneaX, and in every moment they keep visible in this conditions.



2.- Length of storage.

Hiring storage has a certain length that could be improved while storage remains active or even once it expires.

atheneaX allows a grace period of 24h to administrator user could renew an expired storage with no loosing all content, but once grace period expires the whole content of the organization will be removed without a recovery possibility by aheneaX. In that case User Administrator and/or teacher of the courses will be responsible of regenerate or upload all contents again.



3.- Storage packs:



atheneaX offers the following storage packs to manage organization contents:

Storage

Time of hiring

1GB

For renewable periods of 30, 180 or 365 days.

 

5GB

25GB





C.-Rooms



Every course must have a room to be visited or taught.

1.-Responsible for the Rooms

Rooms are hired by the Organization and the Administrator User is the person in charge to request and pay the hiring of them, as well as to assign them to every course.

If any course doesn't have an assigned room it could not be consulted by Users although it will be available in the courses if the course is visible.



2.- Features of the Rooms

Rooms have some features as users' capacity, broadcasters, whole number of users, wideband used, etc. that can be modified by atheneaX at any moment with no warning, and they will be specified in this conditions at any moment.



3.-Packs of Rooms

atheneaX offers the following packs of rooms to manage organization courses:

Name's room

Live broadcasters

Type of room. (Maximum number of users, including broadcasters)

Time of hiring

Socrates

1

Silver (15)

For renewable periods of 30, 180 or 365 days.

Gold (30)

Plato

4

Silver (15)





D.- Courses



The courses or events that organization teaches in atheneaX.

The content of the organization courses is responsibility of the teachers that create it and the Administrator User.

At any case it is allowed that the content of a course contribute to link to online storage websites nor external content. atheneaX keep the right to block any course or organization if it detects this type of behaviour, with no right to refund nor any type compensation.

The behaviour of all users that assist to a course will be ruled by sense and respect to others, what it means, at any time all type of illicit, offensive or defamatory content will be avoided and broadcasters or administrator user will be responsible of carry out this control.

In case aheneaX knows about any content violates this conditions, atheneaX keeps the right to cancel services and in the case it will be considered necessary atheneaX will notify authorities.



ANNEX 1, Table of functionalities in browsers supported by operating systems*2 .

 

*2 with JavaScript activated and acceptance of cookies.



Operating System: Windows 7

Browser

Version

Browse

View on live

Share Webcam

Chrome

37

YES

YES

YES

Firefox

27

YES

YES

YES

explorer

11

YES

NO

NO

opera

24

YES

NO

NO

 

Operating System: Windows 8

Browser

Version

Browse

View on live

Share Webcam

Chrome

37

YES

YES

YES

Firefox

27

YES

YES

NO

explorer

11

YES

NO

NO

opera

24

YES

NO

NO



Operating System: Windows 8.1

Browser

Version

Browse

View on live

Share Webcam

Chrome

37

YES

YES

YES

Firefox

27

YES

YES

NO

explorer

11

YES

NO

NO

opera

24

YES

NO

NO



Operating System: Mac OS X 10,9,4

Browser

Version

Browse

View on live

Share Webcam

Chrome

37

YES

YES

YES

Firefox

27

YES

YES

YES

safari

5,1

YES

NO

NO

 



Operating System: iOS

Browser

Version

Browse

View on live

Share Webcam

Chrome

37

YES

NO

NO

Firefox

27

YES

NO

NO

safari

5,1

YES

NO

NO

 

Operating System: Android 4,4

Browser

Version

Browse

View on live

Share Webcam

Chrome

37

YES

YES

NO

 

 

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