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Terms & conditions

These General Conditions regulate the access and use of the Website ownership of FLQQ INNOVATION INC. (“FLOQQ”), with NIF W-4007350-D and social address in Avenida de Castilla 33, 28830 San Fernando de Henares, Madrid.

Thereby, by accessing the site, or by using the services or applications of the web page floqq.com, you accept the following conditions.

Keep in mind that certain areas of the Service can have different or additional terms and conditions. In the event of conflict between the general conditions and the published for a specific area of the site, the latter will have preference.

Key terms:

“Content”: refers to the texts, graphics, images, music, software (excluding the app), audios, videos, information or other materials gathered in FLOQQ.

“Users”: are the persons who visit and/or use FLOQQ.

”Members”: are the persons that complete satisfactorily the account registry process in FLOQQ, as described below in “Account Registry”.

“Students”: are members who request reservation of a class through FLOQQ.

“Professors”: are members who offer courses through FLOQQ. They are responsible for the content, price and location of the course. ”Courses”: refers to courses created by a professor or academy through FLOQQ.

“Taxes”: are all the taxes that may result by application, including value added taxes, over services and other state taxes or not.

“Software”: is anything that is available in or through this page or provided in other form by FLOQQ, including the mobile apps. It will be considered as part of the “services” hereafter.

“User Content (UC)”: is the content sent by the users in FLOQQ (including amongst other, any information presented in the message boards, forums or any public area of the service).

“Affiliates”: those persons accepted by FLOQQ to promote, non-exclusively, the signing of students in the courses in exchange for a quota of the price of them.

Service Description:

FLOQQ’s service allows students to find and sign up to courses that may interest them, and to the professors and academies to create and impart their courses, as providing resources for its realization, including online payment and registry of participants, the realization of videos or allow the assessment of courses and professors.

The courses can be imparted in person, through streaming or videos.

- In the attendance courses, the professor and students use the Site to determine the place and date for the course to be done.

- In the online courses, through streaming in FLOQQ, the same are being recorded, allowing the students to reproduce them at any time.

- In the video format courses (VOD), the member will buy the video being able to reproduce them at any time inside FLOQQ.

Software licenses and downloads:

FLOQQ may grant personal licenses, nontransferable, non-sub licensable, revocable, nonexclusive to use or download the software exclusively for private use and only in agreement with the conditions of the service and written instructions that, in its case, has provided along with the software.

The contents of the service are protected by the rules about copyright, brands and other property rights. The owners of the copyright and registered brands are FLOQQ, subsidiaries and/or authorized third parties. You cannot modify, copy, reproduce, re/publish, load, transmit or distribute in any form the material of this service including texts, videos (including streaming and VOD), graphics, codes and software, without prior consent and written of its owners.

You cannot use instruments for data mining, to gather or copy any content or data related with the service or its users in any way unauthorized by FLOQQ. Likewise, you cannot use framing techniques, or use meta tags or any other “hidden text” using the name or brand of FLOQQ without authorization.

However, you can print and download parts of the material for non-commercial personal use provided agreement of not changing or eliminating any copyright of said materials.

If you download or use the software in any other way it will be under your own risk.

Modifications:

FLOQQ can occasionally update and/or modify these General Conditions. In this sense, you accept that the modifications made will be mandatory and take effect after the following 7 calendar days from the date of publishing, such that the use of the Service subsequent to the date of effect of the General Conditions will indicate agreement of said modifications.

Thereby, the User agrees to revise always the most recent version of the General Conditions available in the Web page www.floqq.com.

Use of the Site, App and Contents:

The Users agree to use the Website, App and Contents in accordance with the Law and the present General Conditions (and subsequent modifications of the same) as well as with the best practices, uses and customs generally accepted of the Internet and public order.

The not authorized use of the materials and information may assume the violation of intellectual property legislation or industrial or of other applicable laws, which may result in the initiation of the corresponding extrajudicial or legal proceedings.

In case that you add images or any other type of files to FLOQQ, you will be the only responsible that the same are not protected by copyright. In this regard, we recommend you seek websites that offer free reusable images.

You are the only responsible of your UC and the consequences for publishing them. FLOQQ doesn’t guarantee the confidentiality regarding the data which, voluntarily, the users introduce in floqq.com, independently of being or not being published. You manifest and guarantee that you possess or is owner of the licenses, rights, consents and permits necessary for the reproduction, distribution, transformation and public communication through any electronic media, especially Internet and email, of your UC throughout the world and indefinitely, in the terms established in the present General Conditions, including the right to authorize FLOQQ to use them as specified in these conditions.

You agree not to insert illegal works in the Website and to comply with all the regulations related to the exhibition of the works. FLOQQ reserves the right to remove from the Website those contents considered not appropriate to the characteristics and ends of the same.

The User will refrain to not insert Contents that diminished the quality of the service, especially, Contents that:

• are illicit by national, community or international regulations.

• violate the fundamental rights of the people; especially those appropriated for underage.

You grant FLOQQ a nonexclusive license, free of charge, worldwide, everlasting, with rights of sublicensing, reproduce, distribute, transmit, create derivative works, show and execute publicly any UC or any other material or information (including ideas for improved or new products or services) communicated to FLOQQ for any mean or form, now known or hereafter developed. Nonetheless, we will need your previous consent to use your name.

You accept to not file any remedy against FLOQQ for any supposed or real infraction of any copyright produced by another user in the Site.

However, if you are owner of the intellectual and/or industrial copyright and believe that any UC or other content breach them, you may communicate this to FLOQQ, without prejudice in the actions and legal rights corresponding against the supposed offender.

Please have in mind that FLOQQ will not be responsible to verify the ownership of the UC incorporated by the users to the website. FLOQQ reserves the right to not delete certain UC until a competent body has declared the wrongfulness of the same, ordering the removal, the possibility to access them, or the existence of the damage, and FLOQQ knew the corresponding resolution.

Account registration:

To be able to access some of the characteristics of the site and sign up in a course or create a list, you must register as a member creating an account (“FLOQQ account”).

You may register directly through floqq.com or login in on certain social network sites (SNS) as described below.

You can link your FLOQQ account to a third party account being: 1) providing FLOQQ your access information to the third party account through the website; or 2) allowing FLOQQ to access your third party account according with the terms and conditions applicable to each third party account. In this regard, you declare the right to communicate the information of your third party account to FLOQQ and/or give access to FLOQQ to the same without breaching the applicable terms and conditions and without compelling FLOQQ to pay any quote.

We remind you that the relation with the third party service providers is governed only by the agreement with each provider. FLOQQ will not review the content of the SNS to verify its precision or legality and shall not be liable for said contents.

We will create your FLOQQ account based in the personal information that you provided or obtained through a SNS. In this regard, you agree to provide precise information, updated and complete during the signing up process and the updating of said information to maintain it exact, updated and complete.

You cannot have more than one active FLOQQ account. FLOQQ reserves the right to suspend or delete your FLOQQ account and your access to the site if you create more than one FLOQQ account or if the provided information during the registration process or after is inexact, outdated or incomplete.

The following terms are applied to your service use and to any account you may create:

1. You must be of legal age to use the service;

2. Have a real identity which corresponds to a person to open an account. The accounts registered by “bots” or other automated means are not permitted;

3. Must provide your complete name, email address, and any other information requested with the end of completing the signing up process.

4. You are responsible of maintaining the security of your account and password. FLOQQ will not be liable for the loss or damage consequence of the breach of this obligation. Agrees to not reveal your password to any third party and be the only responsible for any activity under your FLOQQ account, even if said activities were not authorized. You will notify FLOQQ immediately of any unauthorized use of your FLOQQ account.

5. Agrees to use the service only for legal matters and agrees to not use it in any form which breaches the use or rights of other users.

The User will not be able to choose as a username or password words and/or expressions that, in general, are contrary to the law or generally accepted best practices, uses and costumes and, in general, words and/or expressions on which any right as to exclude its use by the User.

The User may deactivate its registration at any time by accessing to the “edit profile” section. The user acknowledges and agrees that FLOQQ reserves the right to deactivate those registrations inactive for a period of time greater than 6 months.



Behavior in the service:

We reserve the right to deny providing service to any person for any reason and/or interrupt the service totally or in part at any time, with or without notice.

The use of the service is subject to all applicable regulations and you are the only liable for the content of your communications through the service. You agree to not download, share, send or distribute in any other form contents or apps that may infringe the current legislation or involve breaching any right of any part. Also are prohibited:

• The actions which constitute unauthorized or unsolicited advertising, among them, unwanted email or spam, chain letters, lottery or gambling.

• The use of computer viruses or any other code, file or program which is designed or destined to interrupt, damage, or limit the operation of any software, hardware or telecommunications equipment, or damage or obtain unauthorized access to data or any other information of any third party.

• Impersonate, interfere or interrupt the service, servers or networks connected to the services or interrupt the requirements, procedures, policies or regulations of networks connected to the services.

• To register in more than one FLOQQ account.

• To contact a professor or student for any other purpose different to a course or local rental.

• Acting as a member, contact and recruit other members to join third party services which are FLOQQ’s competitors.

• Use automated command sequences to gather information or interact with FLOQQ.

• Use FLOQQ to find a professor or student and later complete the reserve externally with the end of avoiding obligation of paying the fee for the FLOQQ service providing.

• Systematic retrieval of data or other contents of FLOQQ to create, directly or indirectly, in single or multiple downloads, a data collection, either manually or by bots, sniffers or similar. Access, manipulate or use of non public areas of the website or the app, computer systems of FLOQQ or the technical delivery systems of its providers.

• Any attempt to prove the vulnerability of any system or network of FLOQQ or force in any way the security or authentication.

• Fake or alter any TCP/IP header or other FLOQQ information.

• Attempting to decipher, decompile, disassemble our software.

• Collaborate with a third party in doing any of the described conducts.

FLOQQ will have the right to investigate and denounce any of the described conducts, according to the law, also to collaborate with the authorities in the investigation of said actions. You acknowledge that FLOQQ doesn’t have the obligation to control its access or use of FLOQQ or to revise or edit the UC without prejudice of having the right to do it in order to operate, guarantee the compliance with the applicable terms and legislation, administrative, police or judicial requirements.

FLOQQ reserves the right to remove or disable the access to any collective content, at any time and without notice, if it considers that it may infringe the terms or damage the site, without prejudice that we generally don’t preview, control or edit the UC. We are not liable for any delay or failure to eliminate said content. You give consent for said elimination and waive any claim against FLOQQ resulting from it. You can’t use your account to violate the security of another account or to obtain unauthorized access to another network or server. Some parts of the service could not be available for you or other authorized users. You won’t interfere with the use of the service by other persons. You agree that we can terminate without notice your subscription, account or other affiliation with the service in case of violation of the previous previsions.



Image release of rights

From the Site, the User can insert its image in the user profile. In consequence, the User waives without exclusive character and worldwide to FLOQQ who accepts, the right to use its image for its publication in the Site without the right of any remuneration.

FLOQQ is authorized to carry the exploitation of the image of the Users in the form it considers convenient, even to decide not to perform it, without incurring in any right to compensation.

Professors and students in the course:

These service conditions are additional to any agreement established between the professor and the student. FLOQQ won’t be able to control the fulfillment of these agreements, in particular: its content, truthfulness and legality, or the obligations of the parts. For this reason, you accept to waive to FLOQQ and its agents of any responsibility, within the limits of the law. You acknowledge all the risks that may imply to attend to a course such as property damage, robbery, or even death.

Students, additional rules:

1. You agree to accept all the terms and conditions, including the cancellation policy, when accepting to reserve a course;

2. The courses in FLOQQ are offered directly by professors or academies. FLOQQ is not responsible for the information contained in the profiles;

3. The courses offered in FLOQQ are valid exclusively in the dates indicated. FLOQQ is not responsible for the cancellation or changes made by the professor or academy;

4. You agree to follow the reasonable norms established by the professor or academy regarding the courses and to not take actions that can interfere with the professor or academy or other student;

5. You agree to attend the course only with educational purposes and not with the purpose of copy any material or technique to use them in courses you or a third party are imparting;

Professors, additional rules:

Displaying a course in FLOQQ you:

1. Takes all the responsibility for the content of the service offered;

2. Understand that it will be publicly offered to be viewed or reserved;

3. Agree to register the students in your course in agreement with the price and duration indicated in floqq.com and waives to deny inscription or assistance to any student for discriminatory or illegal reasons;

4. Represents and warrants that is qualified and has the qualifications and other requirements needed to impart the courses listed in the service and to always act professionally, in compliance with the regulations;

5. Agree to not use information from your students for a purpose different to the course, except previous consent of these;

6. Agrees that the students can assess its courses. We cannot control said assessments and we are not responsible for the opinions that may include said assessments;

Service fee

The professor will be who states the price of its course. In case that the course is sold, it will obtain a percentage over the sale price. Said percentage will vary in function that the sale is made directly through the professor or thought the web page of FLOQQ:

Through the Professor:

The percentage to receive by the Professor will be of 100% of the course price in case the sale is made through its own channels, through a link provided for that effect.

Through FLOQQ:

FLOQQ will charge a fee to the professors in case the sale is made directly through www.floqq.com. The fee will consist of a percentage of 30% of the course price.

For the student to be able to register in a course, must previously pay for the price of it, except otherwise agreed with the professor. Said payment will be made to FLOQQ through credit cards, PayPal or any other payment method enabled in its country.

You are obligated to pay the price of any reserve confirmed and authorize the charge of the corresponding amount to your PayPal account or to charge said amount to your credit card. Once confirmed that the reserve has been completed, you will receive a confirmation email.

Remember that said payment methods can demand that you remain subject to its terms and conditions, which are different from the ones in FLOQQ.

Thereby, FLOQQ will receive from the student the complete price of the course and later will deliver it to the professor, once deducted the applicable fees (FLOQQ fee and, if applicable, from PayPal, bank, etc).

Thus, FLOQQ acts as mere intermediary in this payment reception, not being responsible of the contract between the professor and student. The professor will be responsible for the quality of the course as well as the student’s billing. FLOQQ will not be responsible of the non-payment of the course price nor its refund. In this regard, it should be noted that, unless stipulated in other manner in this document, the price of the course will not be refundable.

Meanwhile, the payment of FLOQQ to the professors will be made through bank transfer, in case that the professor is resident and has an account in Spain, and by PayPal in the rest of the cases, the last day of the month following the celebration of the course or the sale of the video.

This duality in the payment method pretends to save costs to all the parts. Thus, if the professor lives outside Spain it should have filled out in FLOQQ a PayPal account to ease said payments.

The professor must be autonomous and fulfill with its obligations with IRS (generally it must bill with the IVA tax). However, FLOQQ is not responsible of controlling the fulfillment of said obligations.

We reserve the right to modify at any time the fee for the services (or to start charging the free services) with the condition that said changes do not have retroactive character to the fees paid before the time of change.

Cancelations and refunds:

FLOQQ, acts as a mere intermediary between the students and the professors and, therefore, it’s not responsible of the claims that could be made regarding cancelations or refunds made, errors in the same, or the decision of the professor of not doing them.

FLOQQ will be limited to verify that the course has been celebrated or sold, in which case, the payment will proceed. The professor agrees to communicate to FLOQQ the not celebration of the course.

Refunds for student absence: generally, once that the students are enroll in the course, agree to the payment of the fees, independently of attending or not. However, the student could contact the professor and this, on his own discretion could decide to offer the student a coupon or the refund of the payment, but it’s not obligated to it.

Refund by complaints regarding quality of the courses: there is no refund policy in these cases by FLOQQ but the student may leave constancy of its criticisms or contact the professor to complain about the quality of the courses, deciding if it compensates the student with a gift card or refunding the money. If the student doesn’t resolve the complaint with the professor, it may contact FLOQQ with the purpose of deciding if the professor stays as a member and its assessment. FLOQQ doesn’t have a refund policy in the rest of the cases, which mean, if another type of change regarding the courses is made, they must be treated between the professor and students exclusively. FLOQQ cannot be liable for any claim or demand made regarding this cancelation or refund policy.

However, as exception to this rule, regarding the courses in video format, in case the student requests the refund of the price paid inside 7 calendar days following the purchase of the course, FLOQQ will study the reasons of said request and, in case of considering them founded, may proceed to the refund, communicating you the reasons of the same.

Additional and especial conditions for the professors interested in offering courses in video format:

FLOQQ INNOVATION INC., in exercise of its services as an intermediary in the impartation of courses, offers to the registered professors in the Site the possibility of doing its courses through videos. For this purpose, facilitates to the interested professors, the hiring of the services of an independent producer for the elaboration of the video.

In case that you are interested in the hiring of said production services, the standards which shall be governed said intermediary service for the audiovisual production of the courses, will be the following:

1.ORIGINALITY: You guarantee to FLOQQ the originality of your course and that this is not a copy or adaptation of another of similar characteristics. In this regard, you are responsible of the possible claims and actions, judicial or extrajudicial, which may be presented against FLOQQ for this matter, being forced to satisfy to FLOQQ all the amounts to which could be convicted. Likewise, you are forced to satisfy FLOQQ all those amounts that could be claimed by the hired produced for the making of the video as consequence that this may result sued as a lack of originality in your course.

2. RELEASE OF THE IMAGE RIGHTS AND EXPLOITATION: You, as author of the course, releases exclusively to FLOQQ the image rights as well as exploitation rights for the reproduction of the original video and its copies, the public communication of these, and distribution, and also the copyrights that correspond, worldwide, in any language and for the maximum legal period allowed. For the above, you will be in charge of requesting and to obtain the authorizations or releases of copyright of any audiovisual, authorial or artistic element which forms part of the course, and of any other intellectual property right that may be essential to request for its posterior use. In consequence, you guarantee to FLOQQ absolute indemnity of situations, motives, charges or fees of any kind that may, in any manner, damage, limit or undervalue the execution and exercise by FLOQQ of the rights that are being released in this contract, assuming any eventual vindication by any physical or legal person who defends any preferential rights to the course, any of its elements incorporated or the exploitation rights of the same. The same responsibility will correspond to you regarding the appurtenance in the course of products and commercial brands, regarding to claims of any kind, according to the law and other regulations related to the broadcast of advertisement and the protection of the consumers. Likewise, you consent expressively that FLOQQ can transmit to a third party the rights derived of this contract. Given the exclusive cession of the exploitation rights of the works, you will refrain of manipulating the work with the end of simulating that it’s a different work and for that matter elude said exclusive release. The present contract doesn’t established any working relation between, in part, its workers or those persons hired for the production of the course objected in the present contract and, in other part, FLOQQ.

a. Unless the professor and FLOQQ reach another agreement in writing, the professor recognizes and accepts that if FLOQQ participated and invested time and resources in the production of the course in video format, the professor releases the exclusivity rights mentioned about the video created.

b. Unless the professor and FLOQQ reach another agreement in writing, the professor recognized and accepts that if FLOQQ participated and invested time and resources in a course in video format that existed previously (for example, through the creation of a trailer, edition of parts of the video, decomposing chapter, etc.), the professor releases to FLOQQ the exclusivity rights mentioned about the video created, in relation with the adapted content.



c. Unless the professor and FLOQQ reach another agreement in writing, the professor recognized and accepts that if FLOQQ didn’t participate and invest time and resources in a course in video format that the professor wants to publish and distribute in FLOQQ, the professor gives FLOQQ the exclusive right to publish and distribute it for a year, in such manner it guarantees that it won’t be published in other video platforms (such as YouTube or Vimeo) or any other competitor platform.

If the professor communicates to FLOQQ that wants to publish a course in other competitor platforms because it considers that the sales made through FLOQQ, have resulted inefficient, FLOQQ agrees to revise specific cases and be open to negotiate with the professor a new agreement.

4. COSTS FOR THE COURSE CREATION: You will assume the payment of all the costs and fees that, by all concepts, are attributable to the material and personal elements for which are needed to create the course. The economic responsibilities specified will be assumed by you with total compensation to FLOQQ, who doesn’t acquire any type of joint responsibility or subsidiary in the matter, so neither you nor third parties could demand, directly or indirectly to FLOQQ any amount for the concepts mentioned and, in general, for those derived in creating the course.

5. SPECIAL PROGRAMS:

Affiliation Program:

FLOQQ has created an Affiliation Program with the purpose that selected companies (“Affiliates”) promote, non exclusively, the courses from the registered professors in FLOQQ and that, in the case the course is sold through the Affiliate, this will get a fee over the price.

It is understood that FLOQQ acts as an Affiliate when promoting a course using costly advertisement channels in third party websites. FLOQQ will trace through cookies any sale derived of this promotion tagging he users that visit floqq.com through said promotion.



By default, all the professors and courses automatically are included in this Affiliation Program, given that it’s a good way to get to increase the visibility and potential sale of the courses. For that reason, we encourage the professors to stay in our Program, given that we have a large amount of Affiliates who could promote their course. However, if it doesn’t want to continue in said Program, it will be enough to sign in to its account and deactivate the box that indicates the incorporation to FLOQQ’s Affiliation Program.

You acknowledge and accept that the incorporation of your course in FLOQQ’s Affiliation Program doesn’t represent or guarantees the effectiveness of the sale.

In that regard, the professors interested in the promotion of their courses through the Affiliation Program, agree that FLOQQ communicates them to the Affiliates, without charge, with the purpose that these examine and determine if they want to promote or not its sale.

If you are interested in becoming an Affiliate of FLOQQ, you must register as a FLOQQ user, with the purpose that we can examine your affiliate application with the end of determining if it results accepted or not. In case of being accepted, you will subscribe an affiliate account, to which will be applied the following clauses:

As an affiliate, you will receive a fee in the case of a sale of the courses from the professors in FLOQQ that you had promoted.

For example and not limited to, you can promote the courses through:

- Links in text, notes, graphic banners or buttons in your site;

- Links in test or notes in the emails requested;

- Posters;

- Mass media as radio, television, etc.

Also, we provide you with a tool for the promotion of the courses with the purpose of easing your work.

If at any time any question arises regarding if a promotion method is allowed, please get in contact with us.

You can promote a specific course by accessing to the course list in our site and choosing it, or a group of courses, selecting each course one by one or selecting a category of courses globally.

We will process the sales of courses made by the users. We reserve the right to reject the purchases that don’t meet the requirements gathered in our site.

We will track all the purchases produced and put at your disposal reports summarizing them.

If your course is promoted through an Affiliate, the professor authorizes the Affiliate to offer the course with a discount of up to 20%.

The Affiliate’s fee will be a percentage over the initial price of the course which will be published in our site and is capable of being modified. In this regard, the applied percentage to the sale of a course will be published in our site at the time of the sale (currently said percentage is 50%).

For the sale of a course to get a fee in favor of the Affiliate, the student must be redirected to our site through a link existing in the promotion channel and purchase the course.

You will be notified of every sale made through the floqq.com platform, and the payment will be made monthly in arrears in a maximum period of 60 days, through:

- Bank transfer: in case the affiliates in which bank account the percentage must be deposited is open in Spain,

- PayPal: in case the affiliates which bank account the percentage must be deposited is open in LATAM or any other part of the world.

The expenses that could be generated as consequence of the payment method will be deducted from your fee. The tributes will be satisfied for each part in proportion to your fee.

However, in case the Affiliate’s fee do not exceed 20 Euros/dollars, they will keep accumulating successively the following months until reaching said fee with the purpose that the transfer fee/PayPal exceeds the fee amount.

Without prejudice of the latter, if you want to receive the fee at the end of the first month even if it’s lower to said amount, you can communicate it to us in written form assuming all costs related to said transaction.

The courses refunded by request of the buyer (matter which will depend of the professor and not us), or the refund orders of charges by credit card fraud will mean in not getting the fee, the decrease in the next payment to be done or the possibility of it being reclaimed, in the case that FLOQQ had to refund said charge.

Your participation in the affiliates program will take effect in out acceptance of your Affiliate request and will end when communicated by any of the parts to the other in written form. With its termination, you must, immediately, stop using, and remove, all the advertising media to our site.

In case there are payable pending fees on the date of termination, you will continue having the right to them provided the sale of the course is not canceled or returned and except as indicated below regarding the cases in which a breach has been made by you.

Being an Affiliate doesn’t imply a working relation between the parties and neither any other type of association, joint enterprise, agency, franchise, sale representation or any other type.

The participation in our Affiliation Program doesn’t mean giving you power to represent us.

You won’t do any statement, either in your site or outside it, contrary to the indicated in this contract.

FLOQQ, as intermediaries of the courses imparted by the professors to the users, answers to the Affiliate exclusively to the commissions that must be paid.

All the information communicated by the parties reciprocally will be considered as confidential, forcing both parties to respect and maintain this confidentiality at all times, except with explicit and irrefutable consent of the parties.

The breach of any of the obligations mentioned by any of the parties, whatever the reason, will entail the dutiful party to claim compensation for damages and losses.

In case that you breached, FLOQQ will finalize your participation as Affiliate, being able to determine the loss of your fees as Affiliate.





Coupons Program:

Through the Coupons Program, FLOQQ will test offers and prices to determine the optimal price to sell a course.

If your course is sold through the Coupons Program, you grant FLOQQ the exclusive right to allow certain third party websites (“Coupon Sites”) to offer your courses with discounts of up to 50% over the initial price. You also authorize that both FLOQQ as the Coupons Site receive a fee over the final price (post-discount) paid by the user.

When using FLOQQ different Coupons Sites, you could earn different amounts for the sale of the same course, depending on the conditions of each Coupon Site:

If the course is sold by a Coupons Site through FLOQQ’s Coupons Program, you authorize the Coupons Site who sold your course to retain a fee (the “Fee of the Coupons Site”), as well as FLOQQ to receive a fee for its intermediation. Both fees will be fixed through your negotiation between FLOQQ and the Coupons Site, case by case, based on the amount paid by the user.

However, the percentage to earn by the professor will be fixed and consist in 30% of the price of the final course (post-discount).

With the purpose of promoting the sale of the courses through the Coupons Programs, the professors accept that FLOQQ communicates them to the Coupons sites, without charge, with the purpose that these examine them and determine if they want to promote or not their sale.

By default, all the professors and courses are automatically included in this Coupons Programs, given that this is a good way to increase the visibility and potential sale of the courses. For this reason, we encourage the professors to stay in our Program, being that we have a great amount of Coupons Sites which could promote their course. However, if it doesn’t want to continue in said Program, it will be enough to sign in to its account and deactivate the box that indicates the incorporation to FLOQQ’s Coupons Program.

Special conditions for certification courses Floqq:

Floqq held temporarily promoting selected which granted a certification itself, giving the user a discount on the purchase of a whole number courses. In this particular case, the terms of sale of each course within the set of certificate courses will be agreed individually with each of the teachers and prevail over the provisions of these Terms and Conditions.

6. DURATION: These conditions are agreed with an indefinite duration unless complaint of any of the parties, without prejudice that they could be modified in the same way as the other clauses of these Conditions and Terms.

7.CONFIDENTIALITY: All the information communicated by the parties reciprocally will be considered as confidential by the parties, being both forced to respect and maintain this confidentiality at all times, except explicit and irrefutable consent of the parties.

8. NON-FULLFILMENT: The non-fulfillment of any of the previous obligations by any of the contracting parties, whatever the reason, will entitle the dutiful party to claim compensation for damages and losses.

El incumplimiento de cualquiera de las obligaciones anteriores por alguna de las partes contratantes, sea cual sea el motivo, dará lugar a la parte cumplidora a reclamar una indemnización en concepto de daños y perjuicios.

Links:

The services or third parties can provide links to other websites. You acknowledge that FLOQQ is not responsible for the availability and contents of said sites.

Cookies:

You agree that FLOQQ will use “cookies” to ease the use of the site. The cookies are files created by the user’s browser to register the activity in the site, have a temporal limited validity and in any case, are used to gather personal information.

The User can eliminate or block the cookies through the configuration of its browser, without prejudice that, in some cases, this can affect your capacity to use the site.

Waiver of guarantees and liability:

FLOQQ waives any kind of liability that can be produce in consequence of, for example but not limited to, actions or omissions in the premises, the courses, their quality and content, or the opinions of professors/academies.

The service and all the materials included in the same may include errors and may not be up to date.

Through this service you can make commercial transactions with other users. You acknowledge that said transactions are made under your own risk. Any guarantee offered through the site will be offered exclusively but the third party and not by FLOQQ or its agents.

You accept that we don’t assume any liability for the delay, deletion, wrongful delivery, or failure to save communications with the users or personal configurations.

FLOQQ will not be guarantor of any member or premises, nor confirms the truthfulness of the information entered, for which in case of dispute, you must claim exclusively and directly to the member or premises.

FLOQQ doesn’t assume any responsibility over the Contents entered by the Users. The User who enters a content which violates any national or international current law, will answer for the damages and losses derived of said infraction, exempting FLOQQ of any liability.

FLOQQ doesn’t grant any guarantee nor is responsible, in any case, of the damages and losses of any nature that could be derived of the access or use of the Contents or the Website. Among others, and as example but not limited to, FLOQQ is not liable for the following circumstances:

• Lack of availability, maintenance and effective functionality of the Website and/or its Services or Contents, excluding, to the fullest extent allowed by current law, any liability for damages and losses of all nature that may be due to the lack of availability or continuity of the Website function and the Contents enabled in the same.

• Lack of utility of the Website or the Contents for any activity.

• Of the contents of other sites in the Internet to which could redirect the links placed in the Website.

• Presence of virus, malicious or harmful programs in the Contents.

• Reception, procurement, storage, broadcast or transmission, by the Users, of the Contents.

• Illicit, negligent, fraudulent use, contrary to the terms in the present General Conditions, or good faith, of the Website or its Contents, by the Users.

FLOQQ excludes any responsibility for the damages and losses of any character, including the loss of profit, which could be because of the services provided by third parties through the Website as well as the means they enable to manage the service requests, and specifically, as example but not limited to: the acts of unfair competence and false advertisement, as the lack of truthfulness, exactitude, completeness, vices, defects, relevance and/or currency of the contents provided, storage, received, made available or accessible through the services provided by third parties through the Website.

The user will be liable for the damages and losses of any nature that FLOQQ could suffer in consequence of the breach of any of the obligations to which they are subjected in virtue of the current General Conditions of Use or the Law in relation with the Usage of the Website.

FLOQQ will not be responsible of the opinions entered by the Users through the Website or other means of participation or opinion or for the damages and losses that could be derived of said opinions.

Specific conditions for applications available on iOS and other mobile devices:

By buying a course, the purchase is realised not only for iOS or any other platform, but a course is unlocked and is available forever, both in the web, iOS and other platforms, for the user who realised a purchase. If a user has purchased a course through the web, a course will be equally available forever, both in the web, iOS and the rest of platforms, without any additional payment.

By logging into Floqq account both through iOS and other platforms, all the purchased courses are automatically synchronised and available for a user to be viewed forever. There is no need for any other additional action of a user regarding the restore process of purchases in iOS and other platforms, as the synchronisation is being processed automatically when simply logging into the Floqq account.

Compensation:

You agree, in case of breaching the terms and conditions or any other document, to keep FLOQQ and its agents’ exempt of any claim or expense (including attorneys’ fees and costs) derived.

Data Protection:

FLOQQ informs that it will treat the data of personal character by the terms expressed in the Data of Personal Character Protection Policy of the Website that the User can find under the following URL: http://floqq.com/privacy



Language:

We can translate these service conditions, our privacy policy, or any other operational, politic or procedure standard that could be published in the site. The Spanish version will be the one prevailing in case of conflict.

Duration:

The duration of the provision of the Website Service and of the Contents is indefinitely.

Controlling Law and Jurisdiction:

The terms, conditions and other documents of FLOQQ will be ruled by Spanish legislation. In case of conflict, the relevant courts will be those in Madrid.

These terms, in conjunction with the privacy policy and other governing documents constitute the complete agreement between you and FLOQQ. The invalidity of any document imposed by a court will not affect the remaining provisions.

That in certain cases FLOQQ doesn’t follow the provisions gathered in this document shall not be considered as a modification thereof. FLOQQ may transfer the rights and obligations derived of these provisions to a third party, at any time.

The majority of the communications between you and FLOQQ will be made electronically. You agree that said communication has the same validity as a written communication, provided permitted by law.



FLOQQ INNOVATION INC.

V6. June 2014

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