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Terms and Conditions of Portal Use
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THESE
TERMS AND CONDITIONS GOVERN YOUR USE OF THE GUIDE2MARBELLA.COM
PORTAL (THE "PORTAL"). PLEASE READ THESE TERMS AND CONDITIONS
CAREFULLY BEFORE USING THE PORTAL. WE RECOMMEND THAT YOU PRINT
AND RETAIN A COPY OF THESE TERMS AND CONDITIONS FOR FUTURE REFERENCE.
YOUR ATTENTION IS DRAWN IN PARTICULAR TO CLAUSE 8 BELOW. |
| The
Portal is provided by Guide2marbella S.L. and references to "guide2marbella.com",
"guide2marbella", "we", "us", or "our" are to guide2marbella S.L. |
| 1. |
Introduction
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| 1.1 |
Your
use of the Portal is subject to you accepting the following Terms
and Conditions of Portal Use and Privacy Policy [see the end of
this document] (together, the "Terms of Use"). Your continued
use of the Portal signifies your acceptance of the Terms of Use.
If you do not accept all of these terms, you should not use the
Portal. |
| 1.2 |
We
may modify the Terms of Use at any time and we will inform you
of any intended changes by posting a notice on the Portal at least
7 days before the changes are made. |
| 1.3 |
If
you do not wish to accept any amended Terms of Use you should
stop using the Portal. Your continued use of the Portal will signify
your acceptance of any amended Terms of Use. |
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| 2.
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Intellectual
Property |
| 2.1 |
All
information, data and materials accessible on the Portal (the
“Content") is protected by rights, including copyright, design
rights, database rights and trade marks. All these rights are
either owned by or licensed to us or otherwise used by us as permitted
by applicable law. |
| 2.2 |
The
Content is intended for individual, personal use only. Accordingly,
you may print and download extracts from this Portal for your
own personal, non-commercial use, provided that any material copied
remains intact and includes the following notice: “Copyright ©
2003-2004 Guide2marbella S.L.” Any other copying, distribution,
storing, framing or transmission of any kind or any sort of commercial
use of the Content is strictly prohibited without our express
consent. |
| 2.3 |
No
license is granted to you in these Terms of Use to use any trade
mark of Guide2marbella.com (including words and logos of “guide2marbella.com”,
however represented). Should you wish to obtain the right to use
any of our trade marks please request permission to do so by sending
an e-mail or writing to the contact details set out in clause
13 below. |
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| 3. |
Linking |
| 3.1 |
You
may create a hypertext link from your website to the Portal, provided
that you do not link to the Portal from any website containing
obscene, defamatory, threatening or degrading material or material
that infringes the intellectual property or other rights of any
third party or which is otherwise unlawful. The nature of the
Portal page being linked to must be made explicit in the link
or in the text that is used to describe the link (see examples
of preferred links). |
| 3.2 |
Guide2marbella
S.L. reserves the right to employ such measures as necessary to
remove linking or framing to the Portal. |
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| 4. |
Registered
Users |
| 4.1 |
Certain
parts of the Portal are only available to users who register (the
"Registered Users"), who at the time of registration are asked
to provide a username and password (together the "User Details"). |
| 4.2 |
As
a Registered User, you certify that all information that you provide
will be accurate and you agree to inform us by sending an e-mail
to editor@guide2marbella.com in the event that any of this information
should change. Your User Details are unique to you and you are
responsible for maintaining the confidentiality of your User Details. |
| 4.3 |
You
are responsible for all use of the Portal made through the use
of your User Details. Please notify us immediately if you believe
that the use of your User Details has been compromised. |
| 4.4 |
User
Details and all personal data will only be used by us in accordance
with the Privacy Policy, available at the end of this document,
which forms part of these Terms of Use. |
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| 5. |
Your
Content |
| 5.1 |
The
Portal if and when containing message boards (including the “Feedback
Forum”) and other interactive areas (together, "the Interactive
Areas"). We do not own the information or material that users
post on the Interactive Areas. However, you agree to grant us
an unlimited, royalty free licence to republish or otherwise use
anything that you post or send to us for posting on the Portal. |
| 5.2 |
If
you believe that your intellectual property rights have been infringed
or that you have been defamed by the material posted on the Interactive
Areas, please notify us using the contact details set out at clause
13 below so that the situation can be promptly addressed. |
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| 6. |
Acceptable
Use |
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You are responsible for the content of the material that you
post or send to Guide2marbella.com for posting on the Portal.
You agree to use the Portal for lawful purposes only. In particular,
it is a condition of the Terms of Use that you shall not use
the Portal to:
- Post or transmit any material that you do not have a right
to transmit under law (for example, but not limited to, copyright);
- Post, transmit, disseminate, or link to any information
that is obtained in breach of confidence;
- Post, transmit, disseminate or link to any material that
is obscene, sexually explicit, defamatory, threatening, degrading
or which discloses private or personal matters concerning
any person;
- Post, transmit, disseminate or link to any advertising,
promotional materials or other forms of solicitation, including
chain mails or pyramid schemes.
- Impersonate any person, or entity or misrepresent your affiliation
with anyone or entity;
- Collect or store other users' personal data;
- Prevent or restrict the use of the Portal by other users;
- Intentionally violate any other applicable law or regulation
while accessing and using our Portal;
- Gain unauthorised access to other computer systems; or
- Interfere or disrupt networks or websites connected or linked
to the Portal.
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| 6.2 |
We
reserve the right, at our sole discretion and without prior notice,
to review, remove, otherwise block or not post any material that
you post or send to us for posting, transmit to or link to for
violating the above provisions. |
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| 7. |
Competition
and Prizes |
| 7.1 |
Guide2marbella
may run competitions, prize draws and promotions on the Portal
that will be subject to additional terms and conditions applicable
to each individual instance and which will be made available at
the time of such competitions. |
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| 8. |
Limits
to your rights |
| 8.1 |
We
will do our best to maintain the operation of the Portal in accordance
with these Terms of Use. However, we cannot guarantee that the
Content will be technically suitable for viewing on your computer
or that the Portal will be delivered to you uninterrupted, timely,
secure or error-free. |
| 8.2 |
We
cannot and do not accept any responsibility for the computer equipment,
mobile phone equipment and telecommunications services which you
use to access the Portal and cannot guarantee the continued availability
of any other person or services involved in providing the Portal
to you. |
| 8.3 |
The
internet is not a secure environment and we cannot guarantee that
the Portal and the server are free of computer viruses or other
harmful applications. We recommend that you regularly update your
browser software and use up-to-date anti-virus software to ensure
that your access to the Portal is as secure as possible. |
| 8.4 |
Your
access to the Portal may be occasionally restricted to allow for
repairs, maintenance, the introduction of new facilities or services,
or due to events beyond our reasonable control. Where this happens,
we will attempt to restore the Portal as soon as we reasonably
can. |
| 8.5 |
The
Portal contains general information only and is not professional
advice of any kind. Your use of the Portal does not constitute
any client-advisor relationship with us. We cannot accept any
liability to you for any action you decide to take or refrain
from taking as a result of information obtained from the Portal.
You should always seek independent, professional advice before
making any decision based in full or in part on the information
or material obtained from the Portal. |
| 8.6 |
Except
where a website is identified as being owned by us, we have no
control or proprietary interest in websites that are hypertext
linked to the Portal. The links are provided for your convenience
and any such link does not imply endorsement by us of a website
or any association with the operators of a website. When you activate
any of these links, you will leave the Portal and we accept no
responsibility for the availability or content of any linked websites
and shall not be responsible in any way for arrangements regarding
goods or services from such linked websites. Should you purchase
products or services from any linked websites or third parties
advertising on our Portal, any contracts will be exclusively between
you and the relevant third party. We shall not be responsible
for any costs, claims, damages and liability arising from these,
even if the contract was entered into through the Portal. |
| 8.7 |
Except
for death or personal injury caused by our negligent acts or omissions,
or fraudulent misrepresentation, we shall only be liable for loss
or damage which is a reasonably foreseeable consequence of a breach
of these Terms of Use. |
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| 9. |
Your
responsibility to us |
| 9.1 |
You
shall be responsible for any losses, expenses or other costs incurred
by us which are caused by your deliberate breach of these Terms
of Use. |
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| 10. |
Terminations
and Suspension |
| 10.1 |
We may terminate or suspend your access to the Portal and/or
registration immediately if:
- You breach these Terms of Use or misuse the Portal provided
by us; or
- You have behaved in a way which objectively could be regarded
as inappropriate or is unlawful or illegal or which would
bring Guide2marbella S.L. and/or the guide2marbella.com portal
into disrepute.
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| 10.2 |
If
you are a Registered User, we may require you to change your password
or suspend access to the Portal if we reasonably believe that
the Portal has been or is likely to be misused, and we will notify
you accordingly. |
| 10.3 |
We may suspend or terminate access to the Portal at any time
if we believe it to be necessary to do so:
- to prevent infringement of third party rights; or
- for reasons beyond our control, and if this occurs we will
endeavour to provide as much notice as is reasonably possible
in the circumstances.
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| 10.4 |
We
may terminate access to the Portal and this agreement between
us by giving you 14 days notice. |
| 10.5 |
You
may terminate your registration to the Portal by notifying us
as set out at clause 13 below. |
| 10.6 |
Any
suspension or termination of your right to use the Portal and/or
your registration will not affect either party's rights or liabilities. |
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| 11 |
Access
outside the UK and Spain |
| 11.1
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We
do not represent that the materials on the Portal are appropriate
or available for use outside the United Kingdom or Spain and accessing
the Portal from territories where its contents are illegal or
unlawful is prohibited. If you access the Portal from outside
the United Kingdom or Spain, it is your responsibility to ensure
compliance with any foreign and local laws and requirements. |
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| 12 |
General |
| 12.1 |
If
any part of these Terms of Use is found to be invalid or unenforceable,
the remaining provisions will continue in full force and effect.
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| 12.2 |
If
you breach these Terms of Use and guide2marbella ignores this,
we will still be entitled to enforce all these terms at a later
date or in any other situation where you breach the Terms of Use. |
| 12.3 |
These
Terms of Use and the agreement between you and us for the provision
of the Portal are only available in the English language. |
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| 13 |
Contact
guide2marbella |
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The
Portal is provided by Guide2marbella S.L., a company registered
in Spain with company number: CIF B-3323710, whose registered
office is at Pinogolf de Don Carlos 27, Elviria, 29600, Marbella,
Malaga, Spain.
If you wish to contact Guide2marbella regarding the Portal, please
use the following contact details: Address:
The Web Content Manager,
Pinogolf de Don Carlos 27, Elviria,
29600, Marbella,
Malaga, Spain.
Telephone: +34 952 838 620
Email editor@guide2marbella.com |
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