Terms and Conditions of Use

 

TERMS & CONDITIONS OF USE (costadelhome.com); Costa del Home Digital S.L. (CIF B-93448512)

 

Legal Information
 

These terms of use, along with our Privacy Policy and other notices on our website, form the basis on which you may access and use our website. We reserve the right to change any or all of our terms of use or other conditions for using our website at any time by publishing the new terms or conditions on our website. Your use of our website constitutes your acceptance of those terms. Should you object to any of our terms of use or other notices on our website your sole option is to immediately cease your use of the website. Information on our website and in any Costa del Home Digital S.L. publication should not be regarded as a substitute for professional legal, financial or real estate advice.

 

Costa del Home Digital S.L. and its related entities responsible for maintaining our website and all Costa del Home Digital S.L. publications make no warranty as to the accuracy or reliability of the information contained therein (including, but not limited to, any content or information generated on our website by or on behalf of Costa del Home Digital S.L., and any Third Party Content (as defined below) on our website) and Costa del Home Digital S.L. and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by any recipient through relying on anything contained in or omitted from our Websites or publications.

 
Definitions
 

Agreement means these terms of use, the Costa del Home Digital S.L. privacy policy and any other terms incorporated by reference into these terms of use, in each case as amended from time to time.

 

Contributions means information including data, text, video, still images, audio or other material that Costa del Home Digital S.L. has permitted you to host, share, publish, post, store or upload on the Website as permitted under this Agreement.

 

Other User Contributions means information including data, text, video, still images, audio or other material that Costa del Home Digital S.L. has permitted users other than you to host, share, publish, post, store or upload on the Website.

 

Syndication Tools means the various syndication arrangements that Costa del Home Digital S.L. may make available from time to time, which may include Costa del Home Digital S.L. widgets, APIs, partner-site plug-ins and co-branded website arrangements.

 

Website means any website operated by Costa del Home Digital S.L. and includes elements of Costa del Home Digital S.L. operated websites published via the Syndication Tools.

 
Restrictions on use of our Website
 
In accessing or using our website you agree that you will not:
1. use any automated device, software, process or means to access, retrieve, scrape, or index our website or any content on our website;
2. use any device, software, process or means to interfere or attempt to interfere with the proper working on our website;
3. undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion to be unreasonable or disproportionate site usage;
4. use any content on, or index our website for purposes of constructing or populating a searchable database of properties or competing with us in any manner;
5. transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not;
6. use our website or any content from our website in any manner which is, in our sole discretion, not reasonable and / or not for the purpose which it is made available;
7. violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
8. pose as any person or entity or attempt to solicit money, passwords or personal information from any person;
9. act in violation of any Term of Use or other condition posed by us or any applicable law;
10. reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit our website or any content on our website, except as expressly authorised by us; or
11. transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature.
 

We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of our website, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.

 
Copyright
 

The subject matter on and accessible from our website and publications is copyright. For reproduction or use of costadelhome.com copyright material beyond such use, written permission must be obtained directly from Costa del Home Digital S.L. or the relevant copyright owner. If given, permission will be subject to the requirement that the copyright owner’s name and interest in the material be acknowledged when the material is reproduced or quoted, in whole or in part.

 
Third party links and advertising
 

Our website often include advertisements, hyperlinks and pointers to websites operated by third parties. Links to third party websites include, without limitation, links to the websites of some of our real estate agency customers. Those third party websites do not form part of our website and are not under the control of or the responsibility of Costa del Home Digital S.L.. When you link to those websites you leave our website and do so entirely at your own risk. Costa del Home Digital S.L. and its related entities make no warranty as to the accuracy or reliability of the information contained on any third party websites, and Costa del Home Digital S.L. and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by you through relying on anything contained on or omitted from such third party websites. A display of advertising does not imply an endorsement or recommendation by Costa del Home Digital S.L.

 
Third Party Content
 

Our website contain content provided to costadelhome.com by other parties (“Third Party Content”). Costa del Home Digital S.L. does not have a practice of monitoring or making inquiries about Third Party Content. Costa del Home Digital S.L. is not responsible for, does not endorse and makes no representations either expressly or impliedly concerning Third Party Content. Third Party Content does not represent the views of Costa del Home Digital S.L.. You rely on Third Party Content completely at your own risk.

 
User warranties
 
You represent and warrant that:
1. the information you supply on registration is accurate in all respects;
2. if any of that information changes you will promptly notify Costa del Home Digital S.L. in writing of the changes;
3. your use of the website will comply at all times with this Agreement and any directions published from time to time by Costa del Home Digital S.L. on the website;
4. you will make sure that you keep your username and password by which you access the website confidential and secure at all times;
5. you accept all liability for any unauthorised use of any username and password issued except for unauthorised use resulting from any negligent act or omission legally attributable to Costa del Home Digital S.L.;
6. you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise Costa del Home Digital S.L. to display your Contributions; and
7. you will not make any Contributions that:
1. infringe the intellectual property rights of any third party, and you agree to pay all royalties, fees or other monies payable by reason of any Contributions made by you;
2. are misleading or deceptive;
3. are materially incorrect;
4. are likely to cause offence;
5. directly or indirectly involve the advertising or marketing of any products or services;
6. are obscene, including pornographic, hateful, racially or ethnically offensive material;
7. are defamatory;
8. are otherwise unlawful or encourage unlawful conduct; or
9. are otherwise inappropriate having regard to the purpose of the website.
 
Indemnity
 

You agree to indemnify and hold Costa del Home Digital S.L. and affiliates (and the officers, agents, partners and employees of each of the forgoing) against any and all loss, liability, claim or demand (including reasonable attorneys’ fees arising out of, or in connection with your use and access to the Website or Contributions not in accordance with these terms.

 
Policy for Linking to Our Websites
 

Hyperlinks enhance the user’s experience by providing easy access to additional information or original source material, whether on the same site or from an external source. For this reason, we value the use of hyperlinks in our content.

 
However, in using hyperlinks, we:
• Attribute the original source of the hyperlink where it points to third party content.
• Do not claim ownership or rights to content belonging to other parties.
We ask that you observe similar practices when linking to our content. You should be aware that if you do not do this, this may be in breach of our rights or the rights of our licensors or other third parties.
Please do:
• Link to our content directly. We encourage direct links.
• Comply with all copyright, trade mark or other applicable laws.
• Use the title or headline of the content to which you are linking, as long as you link directly to that content.
Please do not:
• Attribute a link to costadelhome.com content as being a link to your own or someone else’s content (for example, use your own logo to link to our content).
• Attribute a link to our site and then link somewhere else.
• Frame our content in such a way as to present it as your own or as belonging to anyone other than us or our licensors.
• Link to our content as part of a property portal aggregating property listings and/or information, unless we give you specific written approval to link to our content.
 

We reserve the right to require that you do not link to our content and we may exercise this right by giving notice to you. We reserve complete discretion in relation to our exercise of this right, which may be due to the matters or circumstances above, or any other matter or circumstance we consider is due reason.
 
Limitation of liability
 

Costa del Home Digital S.L. excludes all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to: the re-supply of services or payment of the cost of re-supply of services; or the replacement or repair of goods or payment of the cost of replacement or repair.

 

IN NO EVENT SHALL COSTA DEL HOME DIGITAL S.L. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS OF PROFIT, LOSS OF OR DAMAGE TO REPUTATION, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA, LOSS OF USE OF DATA, LOSS OF ANTICIPATED SAVINGS OR BENEFITS SUFFERED OR INCURRED BY OR AWARDED AGAINST YOU UNDER OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE WEBSITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE AGGREGATE LIABILITY OF COSTA DEL HOME DIGITAL S.L., AND ITS RELATED ENTITIES TO YOU FOR ANY CAUSE OF ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO €100.00.

 
Jurisdiction
 

Your use of this Website and all of our legal notices will be governed by and construed in accordance with the laws of Andalusian Autonomous Government, Spain and by using our Internet site you irrevocably and unconditionally submit to the jurisdiction of the courts of that State.