In order to use certain Services, the User must register, creating a username and password and activating an account. To this end, the User must provide a valid email address where the User will receive notifications related to the Services. If the User is a legal entity or business, its username must be its full name or corporate name and the person registering on behalf of the legal entity or business declares that he/she is duly authorized to bind such legal entity or business and that such legal entity or business shall be bound to the terms of the relevant Website/Service.
The User agrees to provide the mandatory information required for registration and also acknowledges that such information is true, complete and up to date. The User is solely responsible for keeping such information updated. Should the User provide false, outdated or incomplete information, or should the Company have reasons to suspect it, the Company reserves the right to suspend or cancel the User’s account.
The User must protect and keep the account password confidential and must not disclose it to third parties. The User must neither allow other Users to access the Services through the User’s account nor use the account of another User to access the Services.
The User is responsible for all operations carried out through the User’s account through any device. If the User suspects that another User is using his account, he/she/it should immediately inform the Company.
The Company may suspend or cancel the User’s account if it considers that the User has breached these terms.
The User acknowledges and agrees that he/she/it uses the Website and its Services at the User’s own risk and under the User’s responsibility and, therefore, the Company does not accept any responsibility for misuse or use in breach of the terms of the relevant Web Site/Service.
The User will be responsible for any damages to the Company resulting from the User’s use of the Website and the Services in breach of the terms and accepts to indemnify the Company and its directors, employees, agents and representatives from any liability in which they may incur as a result of the User’s breach of these terms.
The Company does not warrant the availability or continuity of the Website or the Services, neither its reliability, quality, completeness, accuracy or whether they are fit for a specific purpose or activity.
As way of example and without limitation, the Company shall not be liable for any damages that may result from:
- Interruptions, viruses, technical problems, interferences, omissions, unavailability, power cuts, failure of the telecommunication networks or the User’s equipment which are not the Company’s responsibility.
- Delays or unavailability of the Website and the Services due to deficiencies or traffic overload on the Internet, in the communication network or the electricity grid.
- Third-party actions.
- Unavailability of the Website and the Services due to maintenance or software updates.
- Any other event beyond the Company’s direct control.
SAVE FOR THE COMPANY’S WILFUL MISCONDUCT, AND THOSE CASES IN WHICH DUE TO THE SPECIFIC CIRCUMSTANCES OF THE USER INVOLVED OR THE NATURE OF THE MATTER, APPLICABLE LAW PROVIDES THAT LIABILITY CANNOT BE LIMITED BY AGREEMENT, USE OF THE WEBSITE AND THE SERVICES IS AT SOLE RISK OF THE USER AND THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGE OF ANY KIND CAUSED TO THE USER AS A RESULT OF USING THE WEBSITE AND/OR THE SERVICES.
Regarding contents owned by third parties, whether sponsored or otherwise (if any), the Company acts exclusively as a provider of a search service as requested by the User, without assuming any responsibility for search results.
The insertion of links in the Services does not imply any relationship, recommendation or supervision by the Company of the linked website and, accordingly, the Company does not accept any liability in relation to the content of any linked website except in the specific circumstances provided by applicable law.
Regarding content owned by third parties and offered through the Websites and/or Services in collaboration with the Company (if any), the Company acts exclusively as the provider of the intermediation service between the third parties’ offer of content and the Users interested in downloading them, without any liability in relation to such contents, except for those cases expressly stated by the applicable law.
The Company will make reasonable commercial efforts in order to ensure the accuracy of keywords and descriptions, as well as the identification of content as exclusively for editorial use or any equivalent expression. However, THE COMPANY NEITHER WARRANTS NOR MAKES ANY REPRESENTATION REGARDING ANY KEYWORD, TITLE OR DESCRIPTION; OR THE IDENTIFICATION OR LACK OF IDENTIFICATION OF ANY VISUAL CONTENT AS EXCLUSIVELY FOR EDITORIAL USE. For this reason and notwithstanding any other liability limitation that may be applicable in accordance with these terms, the Company shall neither indemnify nor assume any liability in connection with any claim resulting from inaccurate keywords, titles or descriptions, or from the use of the visual content identified as exclusively for editorial use.
All intellectual property rights over the Website, the Services, its design, and source code, and all content included in any of them (including without limitation text, images, animations, databases, graphics, logos, trademarks, icons, buttons, pictures, videos, sound recordings, etc.) belong or are licensed to the Company.
Except as expressly authorized under the terms of the relevant Website/Service, the reproduction or distribution, as well as transformation, producing any derivative works of any kind, public communication, making available, extraction, reuse or any other use of the Website, the Services or its content or any of its parts, is strictly forbidden.
Changes and Closure of the WebsiteThe Company may, at any moment, and without incurring in any responsibility towards the User, modify the content of the Website or the Services, limit or modify the conditions or cease to provide some or all the Services and features available or deactivate and delete all or some of the User accounts and their corresponding information. However, the Company will comply with its obligations regarding the keeping of records in relation to certain transactions for the relevant period as provided by applicable law or refund the Users of Subscriptions in force at that time with the proportional part of the price not accrued before the termination.
General and Contact Information
The use of the Website and the Services and the interpretation and application of these terms shall be governed by Spanish Law. Except for those cases in which the applicable law impose a specific jurisdiction, any dispute in connection with these terms shall be resolved by the Courts of Málaga (Spain), and the parties expressly waive any other applicable jurisdiction.
If any provision in these terms is declared to be invalid or unenforceable, it shall be substituted or deemed as not included. The remaining provisions in these terms shall not be affected in any way.