1. GENERAL CONDTIONS AND ACCEPTANCE THEREOF
The present general conditions (hereinafter, the 'General
Conditions') govern the use of the Services of our Internet Website 'www.seaandsunproperties.com',
(hereinafter, the 'Website') which Sea And Sun Properties places at the
disposal of Internet users completely free of charge.
The use of our Website implies the condition of User
of our Website (hereinafter, the 'User') and entails the full, unconditional
acceptance by the User of each and every one of the General Conditions
in the version published by Sea And Sun Properties at the precise moment
when the User accesses our Website.
Consequently, the User shall read the General Conditions
with all due care and attention every time he/she intends to visit our
Website.
Similarly, the use of the Service is subject to all the regulatory warnings
as to its use and the instructions made known to the User by Sea And Sun
Properties which are contained in the provisions of these General Conditions
provided he/she is not opposed to them.
Sea And Sun Properties reserves the right to refuse
or withdraw access to its Website at any time with respect to any Users
who fail to comply with the present General Conditions and any Specific
Conditions that may apply, without having to give any advance notice of
its intent.
The descriptions, sizes, qualities in definitive, and
the total contents of this paper depend on the variation and modifications
which the law, public organisations can introduce, as well as the promoter,
because this document hasn´t got the character of an offer, which
means that is doesn´t make obligations or rights for the parties,
refering anytime to the written project and its modifications being available
for the interested.
2. CONDITIONS WITH REGARD TO ACCESS AND USE OF THE WEBSITE
2.1. Treatment of personal data.
All Users may visit our Website without having to give
any personal data and remain completely anonymous during their visit.
For the purposes of complying with Organic Act 15/1999, of December 13,
on Personal Data Protection, Sea And Sun Properties here by informs all
Users of the existence of a personal data file created by and for Sea
And Sun Properties for which it is solely and entirely responsible, to
be used for sending out information on news, promotions and any other
type of information related to Sea And Sun Properties and other group
companies that may be of interest to the User.
Sea And Sun Properties shall obtain the following data
from the User, which are essential for managing all its relations with
that user
2.2. Right of Users to oppose, correct and update all
data.
In accordance with the provisions of Organic Act 15/1999
of December 13, on Personal Data Protection, the User may at any time
exercise his/her right of access, rectification, cancellation and opposition
by writing to the following address:
Sea And Sun Properties joseramon@seaandsunproperties.com.
3. DECLARATIONS AND USE RELATED TO THE WEBSITE.
3.1. Declarations made by Sea And Sun Properties and
limitation of liability.
This Website has been created in all good faith by Sea
And Sun Properties and contains information from external and internal
sources of Sea And Sun Properties.
However, we are unable to vouch for the exhaustiveness,
veracity, accuracy or updating of all the information contained herein,
or in particular, for the use of our Website for performing any specific
activity on the part of the User.
On the other hand Sea And Sun Properties is unable to exercise any control
over or guarantee the absence of viruses or any other elements on accessing
our Website that may lead to alterations in e-documents and files stored
in his/her computer system.
For this reason, Sea And Sun Properties declines any
responsibility for any damages and losses whatsoever caused by use made
of this Website and its Services or contents by Users.
Sea And Sun Properties is unable to guarantee the availability
and continuity of the operation of its Website and/or Services. However,
whenever possible within reason, Sea And Sun Properties shall warn Users
of any interruptions in the operation of its Website and Services well
in advance.
Within this context, Sea And Sun Properties declines any responsibility
for damages and losses of any kind caused by the lack of availability
or continuity in the operation of our Website and its Services.
3.2. Correct use of the contents of the Website by the
User.
Sea And Sun Properties declares that all industrial property
rights (Trademarks, Trade names, etc.) appearing in this Website are owned
by it and/or are lawfully used by virtue of agreements or licenses allowing
it to be used, and are duly protected by the existing Industrial Property
Legislation.
The User undertakes to use the Website with all due
diligence and correctness, and in accordance with the law and in particular,
the User undertakes to abstain from:
(a) Suppressing, eluding or manipulating the 'copyright',
trademarks and other data identifying the rights of Sea And Sun Properties
or its titles incorporated into the contents and/or products sold in our
Website, and the technical protection devices, digital prints or any data
mechanism used that may contain all the above.
(b) Using the contents and, in particular, information
on Sea And Sun Properties obtained through our Website for the purpose
of sending advertising, direct marketing communications or for any other
commercial purpose, or unsolicited messages addressed to groups of persons.
(c) Reproducing or copying, distributing, allowing access
to the public by means of any form of mass advertising, transforming or
modifying the contents, unless it is expressly authorised to do so by
the owner of the pertinent rights or this is permitted by the law.
(d) In general, using the contents in an unlawful manner,
with the purpose or intention of contravening the law, ethical principles
and generally-accepted proper customs or public law and order. Sea And
Sun Properties shall not grant any licence or authorise the use of its
industrial and intellectual property rights or rights over any other property
related to its Website in any way.
3.3. Procedure adopted in the event of infringing intellectual
property rights.
In the event that any User or third party were to consider
that any of the contents have been inserted in his/her Website by infringing
his/her intellectual property rights, he/she shall send a notification
to Sea And Sun Properties giving a full and accurate indication of his/her
particulars and the intellectual property rights allegedly infringed,
together with the name of the Website.
4. APPLICABLE LAW AND JURISDICTION
This Website has been created in accordance with the
law and applicable advertising practice codes of Spain.
In the case of any dispute that may arise with regard to the rendering
of the services offered under the present General Conditions, Sea And
Sun Properties and the User agree to be bound by the Courts of the place
in which the User has his/her place of residence, expressly waiving their
right to have recourse to any other legal system that might be open to
them.
If the User's place of residence is outside Spain, Sea And Sun Properties
and the User shall submit themselves to the Courts of the city of Madrid
(Spain), expressly waiving their right to have recourse to any other legal
system that might be open to them
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