Terms and Conditions of Use



Here at gabrielsseeds.eu, we are dedicated to providing solutions to educational problems in order to give an individualized approach to helping children learn. Therefore, we provide educational App’s created either by us or the users of our network and aimed at supporting all kinds of children better understand education by learning with fun and curiosity.



These Terms and Conditions (the “Terms”), in conjunction with our Privacy Policy, constitute the entire Agreement between gabrielsseeds.eu, its affiliates, subsidiaries, employees, licensees, distributors, successors, resellers and assigns (hereinafter referred to as “grabielsseeds.eu”, “we” “our” or “ours”) and you (hereinafter referred to as “You”, “the User”, or “Your/s”), collectively referred to as “the Parties” and individually as “Party”. These Terms govern Your use of the Website gabrielsseeds.eu (the “Site”), as well as our educational App’s and all of its affiliated services provided by gabrielsseeds.eu (collectively referred to as the “Service”)."



By using our Website and/ or our App’s and/ or providing and advertising your educational App (if you are providing an educational App including all of its content such as images, gifs, videos and audio files) you acknowledge and declare that you have read and agreed to these terms and conditions. As we may update these terms and conditions from time to time, we encourage you, to review the terms once in a while. If you disagree to our terms and conditions and/ or our privacy policy, please do not use our services. If you have any questions, please do not hesitate to get in touch with us at info@gabrielsseeds.eu. You agree that we may modify these terms and any other policies on our Website at any time and that posting the modified terms or policies on our Website will constitute sufficient notice of such modification.



PRIVACY AND COMMUNICATIONS

By accepting these terms and therewith our Privacy Policy, you acknowledge and agree that gabrielsseeds.eu may send you E-mails related to your account and/or the Service you chose to use.



Some features of the system of gabrielsseeds.eu enable you to connect with a third party. Any such connection includes the transfer of personal data from your gabrielsseeds.eu account to the third party. Whenever such connection is created, and data will be transferred to a third party, we will inform you prior to that. A data transfer will occur only after you consent your approval of such and will follow the rules and regulations of our data Privacy Policy. After approval, data will be transferred regularly to the third party. Please note that this transfer happens under your own responsibility.



USERNAMES AND PASSWORD

Where you have registered on our website at gabrielsseeds.eu and have been provided with a username and a password, you agree not to make available your username and/or password to anyone. If there has been a disclosure of your username and/or password, you agree to notify us promptly of such disclosure so that we at gabrielsseeds.eu can take appropriate security measures and provide you with a new username and password.



APP ACCESS AND CONTENT

Gabrielsseeds.eu includes and gives access to App’s created by third parties, so called “Affiliate App’s”. Gabrielsseeds.eu has limited control over, and therefore has limited responsibility for, the content, privacy policies, or practices of any third-party’s App. In addition, we at gabrielsseeds.eu will not and cannot censor or edit the content of any third-party’s App. However, we at gabrielsseeds.eu recognise to be responsible for the content of each App to be directly related to education. Thus, we assure our users to delete all those App’s that display violence glorifying images, sexual content, content perceived as harassment and other content perceived as inappropriate with respect to the education of children. By agreeing to these terms, however, you expressly relieve gabrielsseeds.eu from any and all liability arising from the use of third-party App’s.

WEBSITE ACCESS

Gabrielsseeds.eu hereby grants you permission to use the Website as set forth in these Terms, for commercial or non-commercial purposes. We at gabrielsseeds.eu hereby grant you permission to make copies of any part of the Website gabrielsseeds.eu in any medium whatsoever and to use such information for non-commercial purposes, after you obtained gabrielsseeds.eu’s written consent prior to displaying the information extracted from gabrielsseed.eu and given that you retain marks and copyright notices on your copy which refer and explicitly state that the item copied and used belongs to and was extracted from gabrielsseeds.eu. In addition, your use of our website is conditioned upon your complete compliance with these terms and conditions.

RESTRICTION ON USE

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses our website in a manner that sends more request messages to the servers of gabrielsseeds.eu in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, gabrielsseeds.eu grants the operators of public search engines permission to use spiders to copy materials from our website for the sole purpose of creating publicly available searchable indices of the materials. Gabrielsseeds.eu reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from the website, nor to use the communication systems provided by the website for any commercial solicitation purposes. You agree not to solicit any users of the website for any commercial purposes except for affiliate commissions.

INTELLECTUAL PROPERTY RIGHTS AND CONTENT

All content on gabrielsseeds.eu, including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (the “Content”) and the trademarks, service marks and logos contained therein (the “Marks”), are owned by or licensed to gabrielsseeds.eu, and are subject to copyright and other intellectual property rights under Croatia and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and non-commercial use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever other than as authorized herein without the prior written consent of the respective owners. Gabrielsseeds.eu reserves all rights not expressly granted in and to the website and the content. You agree not to engage in the use, copying, or distribution of any of the content other than as expressly permitted herein. If you download or print a copy of the content for non-commercial use, you must retain all copyright and other proprietary notices contained therein. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted content. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the content therein.


YOUR CONTENT


Your content refers to any and all rights granted to gabrielsseeds.eu by your proactive act of submitting such content to the system of gabrielsseeds.eu. Some parts of our services allow you to upload or post content. Where content can be uploaded and/ or posted, we make sure at gabrielsseeds.eu that you retain any intellectual property rights that you may hold with respect to such content. We do neither take nor claim any ownership such as copyright, trademark or other intellectual property rights over your content.


By uploading and/ or posting content to the system of gabrielsseeds.eu, you agree to granting gabrielsseeds.eu, our affiliates, subsidiaries, employees, licensees, distributors, successors, resellers and assigns the right to use and display, as well as the right to provide access to such information to third parties to such content. You further understand that the provision of such content may cause content to be available for download and/ or appear in search results, as well as be available on gabrielsseeds.eu for review and/ or download. Your resources may also be promoted on gabrielsseeds.eu through Email marketing, ads on Affiliate websites and/ or search engines, as well as through various marketing campaigns. For these purposes, by agreeing to these terms and by uploading/ posting content to the system of gabrielsseeds.eu, you grant to us a non-exclusive, irrevocable, perpetual (except as otherwise provided herein), worldwide, sublicensable license to exercise any copyright, trademark right, or other intellectual property right on your content, necessary to provide our services to you and other users of gabrielsseeds.eu.


Rights granted to other users through license purchase to use your App or download any such content provided by you and made available for download, you agree and allow such user to user to make use of your content as described herein.


You are neither allowed to use Gabriel's Seeds images or audio gallery’s content to increase the sales of your educational App, nor to include any content created by and displayed on our website into and onto your App or its’ affiliated advertisement.


Rights granted, and permissions given as set out herein, will omit if and once your account is closed, suspended or otherwise limited in access to and for you thus that you are unable to make use of the services offered on gabrielsseeds.eu. In such event, your app and any other information submitted to gabrielsseeds.eu through your proactive act of doing so, will no longer be available for review, purchase and/ or download.


USER SUBMISSIONS


At gabrielsseeds.eu, we occasionally review your submissions before they are posted on our website. We reserve the right in its sole discretion to not post, edit or delete any user’s submission. If you submit material to gabrielsseeds.eu, including, without limitation, via the Share Your Story page, you hereby grant us an irrevocable, sublicensable, perpetual license to reproduce, distribute, publicly display, create derivative works of and otherwise use your submission, in whole or in part, as gabrielsseeds.eu sees fit, in any media throughout the world, without the need for additional permission or consideration. You also grant to us the right to use your name and any other information that you have provided about yourself in connection with your submission (please see our Privacy Policy for such purposes). By providing your submission to gabrielsseeds.eu, you hereby represent and warrant that you have the authority to grant to us the right to use your submission, and that nothing in your submission shall infringe any third party’s intellectual property rights, invade any third party’s right of privacy or publicity, reveal confidential information, constitute defamation, contain material that is profane, obscene, threatening, abusive, inflammatory or otherwise objectionable in accordance with standards of common decency, or otherwise violate any laws.

RESOURCE LICENSING POLICY

At gabrielsseeds.eu, the sellers of App’s own their content but are willing to grant the right of use to the purchasers. The ensuing section opts to describe the agreement between App users and App sellers. Whereas “You” referred to both the App users and App sellers in the last preceding paragraphs, in the ensuing paragraphs about resource licensing policy “you” denotes the user, whereas the seller or App author is referred to as “the App-Provider”.


GENERAL PROVISIONS


App-Providers on gabrielsseeds.eu own and maintain the intellectual property rights of the information provided by them. App-Providers grant you as the user, licenses to be able to use the advertised App's for certain purposes and under certain limitation as described hereinafter.


An App purchase denotes a purchase of a resource which includes the purchase of a license to be used in accordance with the terms of this resource licensing policy.


Your use of any resource, regardless of license type and whether the license is purchased by you, transferred to you by your organization, or purchased for you as a gift or on your behalf by your school or other entity, is subject to this resource licensing policy and other terms set forth herein. By agreeing to these terms, you agree to comply with the terms of this resource licensing policy, as well as any additional terms the App-Provider provides in the resource listing to the extent where such terms do not conflict with these terms. In the event of any conflict between the individual resource licensing policy of an App-Provider and the terms herein, this resource licensing policy will govern and be paramount to those of the App-Provider unless and until the App-Providers terms are more comprehensive than those terms stated herein.


INDIVIDUAL LICENSE


An individual license is a license that may only be assigned to one single specific user (“the Assignee”) (e.g. one specific teacher) for that Assignee’s lifetime use. Individual licenses are non-transferrable and may not be used by or reallocated to a different Assignee (i.e. a teacher who purchases an individual license can use the resources associated with this license - in accordance with this section - for her or his lifetime but cannot transfer use of this/ these resource/s to another teacher after the Assignee retires).


Unless otherwise stated in these terms - the terms of an individual license - the App-Provider grants to you, for the use of and by one Assignee only, a non-exclusive, perpetual, irrevocable, non-transferable, non-sublicensable, worldwide, limited license to use the resource/s for the purposes and under the conditions described below. The App-Provider may grant additional rights at their discretion.


If you purchase an individual license, the App-Provider assigns you with the permission to:



As an Assignee of an individual license, the App-Provider permits you to:



Unless otherwise expressly permitted by the App-Provider:


ACCESS LIMITATION


Gabrielsseeds.eu cannot guarantee continuous access to any and every content through the course of our service providing. If for any reason App-Providers terminate, suspend, downgrade, or otherwise limit their content, your ability as a user to access the App-Providers content through the services of gabrielsseeds.eu may be terminated. Gabrielsseeds.eu does not guarantee the availability of App-Providers content and thus cannot be held liable for any content being available at any given point in time.



PAYMENT, EARNINGS AND PAYOUTS

The ensuing section provides information on making and receiving payments, our refund policy, and how and when APP-Providers get paid for the resources they provide and offer for sale through gabrielsseeds.eu.



REFUND POLICY

By listing content to our website gabrielsseeds.eu and thereby offering App's for sale, you agree to our Refund Policy. Except as provided in our Refund Policy, all sales are considered final and non-refundable 30 days after an order was made. We may, in our sole discretion, modify our Refund Policy or, on a case-by-case basis, issue a refund for a reason that falls outside of our Refund Policy. App-Providers can view a refund and any applicable refund note in their Sales Details report. Sellers may authorize a full or partial refund for any reason by contacting us.


PAYMENT METHODS AND CURRENCY

We may offer a variety of payment methods to pay for purchases, such as a credit and debit card, as well as PayPal. We accept payments in US Dollars (USD). Cash payments and payments in other currencies will not be accepted. We may change or add our verified and accepted payment methods at any time and we are not obligated to accept payment by any means other than those accepted at the time of your purchase.


PROMISE TO PAY

When you buy something on gabrielsseeds.eu (including App-Provider's contents, and gabrielsseeds.eu upgrades), you represent and warrant that you are authorized to make the purchase and to use the payment method and billing information you have provided to us. You further agree that gabrielsseeds.eu may charge your payment method with the amount due in US Dollars. We are not responsible for any additional fees that may occur due to your financial institution and/ or credit card provider.


FAILING TO PAY AND PAYMENT DISPUTES

Failing to pay as promised may result in late fees being charged, Resources being removed from your account, account suspension or closure, or any other action we deem necessary. If we receive notice that you have disputed a charge related to a purchase made from your gabrielsseeds.eu account, we may, at our discretion, offer proof to challenge the dispute. During pending resolution of the dispute, we may temporarily remove the purchased resources from your account or if a refund is ultimately issued, permanently. In our discretion, we may take further action against your account.


EARNINGS AND PAYOUTS

App-Providers earn 55 percent of the list price of each resource they sell through our services based on the commission rate. Earnings are paid in monthly “Payouts” according to the schedule described in this Section.


To issue Payouts, we work with a third-party company that processes and transfers funds between us and our App-Providers (“Payment Services”). To receive Payouts, App-Providers must have an account capable of receiving payments with a supported Payment Service (“Payout Account”). As our Payment Service, we use PayPal. If you have questions about the status of your Payout Account, please reach out directly to the Payment Service provider you use. If you are unable to register a Payout Account at Paypal, we may consider alternative means of issuing Payouts at our discretion on a case-by-case basis. We make no guarantees about the services offered by any third party including the current or any future Payment Services we may support. We are not responsible for any payment being delayed or other complications caused by Payment Services. We may, at our discretion, modify the list of supported Payment Services at any time, discontinue support for an existing Payout Service, or make additional Payout options available.


PAYMENT PLAN

We issue Payouts on a monthly basis by the twenty-first day of the month following the month in which a sale was made + 30 days. If i.e. an App was purchased by the 31st of January, the purchaser has 30 days to decide whether the App purchased is useful for his/ her specific purposes thus that refunds are issued, and the transactions can be revoked for 30 days after the day at which the purchase was made. The purchaser does not need to state a reason as to why he/ she wishes to revoke the purchase. We may, at our sole discretion, withhold or delay a Payout if we believe that an App-Provider is in violation of any of these terms. After the matter is resolved, we will either refund the withheld payment or complete the Payout.


PAYMENT SERVICE FEES

Payment Services may assess transaction fees when we transfer your Payouts to you. We will deduct from your Payout an amount equal to or less than the transaction fee assessed to us by the Payment Services. These transaction fees are subject to change at the discretion of the Payment Services. We are not responsible for any additional fees or taxes you may incur from other third parties related to receiving or accessing your Payouts.



WARRANTY DISCLAIMER

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, GABRIELSSEEDS.EU, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. GABRIELSSEEDS.EU MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. GABRIELSSEEDS.EU DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND GABRIELSSEEDS.EU WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.



LIMITATION OF LIABILITY

IN NO EVENT SHALL GABRIELSSEEDS.EU, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE ORGANIZATION IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT GABRIELSSEEDS.EU SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.



INDEMNITY

You agree to defend, indemnify and hold harmless gabrielsseeds.eu, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms and Conditions of Use; (iii) your violation of any third party right or any law, including without limitation any copyright, property, or privacy right; or (iv) any claim that content you submit via the Website violates any third party right or any law. This defence and indemnification obligation will survive these Terms and Conditions of Use and your use of the Website.



ASSIGNMENT

These Terms and Conditions of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by gabrielsseeds.eu without restriction.



APPLICABLE LAW

Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Croatia without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of Zagreb, Croatia in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.



SEVERABILITY

If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. These Terms and Conditions of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by gabrielsseeds.eu without restriction.