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TERMS OF USE
Holder of Web Site
Mr. Gerald O. Gomez, a national of Spain, with its social residence at Calle Costa i Llobera, número 1-5, 3º 3ª, Esc. B, 08190 Sant Cugat del Valles, Barcelona, legal representative of Homelink
International Associates in Spain (from here on HOMELINK INTERNATIONAL ESPAÑA) is the holder of the web site www.spainlink.net (from here on "web site").
Access and Use
The following "terms of use" regulate the access and use of the web site, its contents, and its paid and free services.
The simple surfing and use of the services of the web site defines you as a User (from here on "the User") and manifests your acceptance of the terms of use published at the time of access to the web site. We ask that you read these terms of use carefully, and should you not agree with any of its clauses, please abstain from further access to the web site.
At any time and without prior notice HOMELINK INTERNATIONAL ESPAÑA can modify the terms of use, and the contents, products and services displayed and sold through the web site.
Conditions for Access
For the surfing, access and use of certain services the User will be required to login with a Username and a Password. Users with a Username and Password from here on will be referred to as "Registered Users".
Should access of certain content or services require information to be provided by the User, the User will guarantee that this information is true, exact, authentic and current. HOMELINK INTERNATIONAL ESPAÑA will provide the treatment of the information provided in accordance with its nature and purpose, and under the conditions of the Spanish legislation. The Registered User will be exclusively responsible for the safeguard of its login keys (Username and Password) and will take all
appropriate measures and precautions regarding the contents and activity of its account.
Conditions for Use
The User and Registered User (from here on, "the Users") will make use of the contents and services offered by HOMELINK INTERNATIONAL ESPAÑA in accordance to the present terms of use and with
strict adherence to the current legislation in Spain, and will assume the
responsibilities for any behavior or activity that could be illegal or harmful to the rights of third parties, or that may hinder or limit the use of the web site to other Users.
In particular, and not limited to the following, the Users agree not to transmit or spread through the web site messages, images, photographs, data or content that:
* In any way contravenes or threatens fundamental rights recognized by the Spanish legislation.
* Introduces, incites or promotes activity that is illicit, degrading, defamatory, violent or in general, contrary to law, morale and public order.
* Are false, ambiguous, inexact, obscene or out of place.
* Are protected by intellectual or industrial property rights belonging to a third party, excepting those having an authorization of the holder of the property right.
* Constitutes illegal, fraudulent or disloyal publicity.
The Users will respond for any damages or claims, directly or indirectly, made on HOMELINK INTERNATIONAL ESPAÑA as a result of not complying with these terms of use, and its derived obligations resulting from the use of the web site.
HOMELINK INTERNATIONAL ESPAÑA will not be responsible directly or subsidiarily for:
* Manifestations, contents or opinions made by the Users of the web site.
* Updates or accuracy of the data displayed at the web site by third parties.
* Hyperlinks (links, banners, buttons, etc) to third party web pages accessible at the web site.
* Data indicated or included by Registered Users which may be current or true.
* The decisions made by Users on the basis of the contents of the web site. In particular, on the basis of information submitted by Registered Users.
* The infringement of intellectual or industrial property rights, the rights to honor, family privacy and personal images (photographs), the property rights belonging to a third party, as a
consequence of the transmission, spread, storage, availability, reception, obtainment or access of contents on the web site.
In case there is any content that infringes any right, please notify this to HOMELINK INTERNATIONAL ESPAÑA.
HOMELINK INTERNATIONAL ESPAÑA does not have an obligation to control the use made by its Users of the services offered on the web site. It does not guarantee that the Users will make use of the services in accordance to the terms of use, in a prudent and diligent manner and according to current Spanish legislation, and specifically, with the Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce.
Intellectual and Industrial Property Rights
All contents on the web site www.spainlink.net and specially, the designs, texts, graphic, logos, icons, buttons, software,
commercial names, brands, drawings and any other signs susceptible for
commercial use are protected by the intellectual and industrial property rights of HOMELINK INTERNATIONAL ESPAÑA or their respective owners who have authorized its inclusion.
In no case shall it be understood or implied that a license is granted or a right is renounced,
transmitted partially or in full of the contents of the web site. No right, or expectation of a right, and specially, regarding the alteration, exploitation, reproduction, distribution or communication of the contents of the web site is made without the prior and written authorization of HOMELINK INTERNATIONAL ESPAÑA or the respective legal holders of said rights.
No external link shall be made to the web site without the prior and express
consent of HOMELINK INTERNATIONAL ESPAÑA.
Privacy and Confidentiality of Personal Data
HOMELINK INTERNATIONAL ESPAÑA declares that it complies with the current Spanish legislation regarding Personal Data Privacy. In particular, with the Organic Law of Spain 15/1999, of December 13, regarding the Protection of Personal Data; with the Royal Decree of Spain 994/1999, of June 11, regarding the Security Measures for Computer Files containing Personal Data, and with the Law of Spain 34/2002, of July 11, of the Services of the Information Society and Electronic Commerce.
The Users declare that all the information provided to HOMELINK INTERNATIONAL ESPAÑA is true, complete and precise and that, in accordance to the Organic Law of Spain 15/1999, of December 13, regarding the Protection of Personal Data, the Users expressly accept that the data provided through any form at the web site, or derived from the commercial relationship with the web site, be stored in a computer file which includes their Personal Data, and which will be used only to provide the services requested.
The person responsible for said file is Mr. Gerald O. Gómez and to the effects of
exercising the rights to access, cancellation, rectification or opposition covered under the law 15/1999 of Spain, the following contact address is indicated for the Users: HOMELINK INTERNATIONAL ESPAÑA, Calle Costa i Llobera, 1-5, 3º 3ª Esc B, 08190 Sant Cugat del Vallés, Barcelona, España.
The Users expressly consent to receiving electronic communications with publicity and news regarding the services and products offered by HOMELINK INTERNACIONAL ESPAÑA. The contact address previously mentioned is provided to the Users to
exercise their right to revocation of said consent.
In case the Users decide to participate in home exchange internationally, the Users expressly
consent to the cession and communication of the data included in the computer file which includes their Personal Data to HomeLink International Associates, with headquarters in Belgium, for this data to be processed and used so that other international
participants in the association may be able to communicate with them.
Availability
HOMELINK INTERNATIONAL ESPAÑA does not guarantee the continuous and uninterrupted availability of service of the web site, thereby it is
exonerated from any responsibility from damage that may arise as a result of the non-availability of service. In the cases were it is necessary to have a prolonged programmed maintenance interruption (more than 24 hours) HOMELINK INTERNATIONAL ESPAÑA will make its best efforts to advise its Registered Users with at least 24 hours in advance.
Termination of Service
HOMELINK INTERNATIONAL ESPAÑA shall be able to interrupt and suspend service to any Registered User at any time, if in the
judgment of HOMELINK INTERNATIONAL ESPAÑA the Registered User is making an unethical,
offensive, illegal use of the service, or in general, is conducting itself contrary to the terms of use of the web site. In these cases, there will be no refund of the money paid for subscription to the services of the web site.
Annulment of Clauses
Should any clause, totally or partially, be declared null or ineffective, this
annulment or ineffectiveness will apply exclusively to the clause in question and will not affect the remainder of clauses of the terms of use.
Jurisdiction
The parts agree to be bound by the laws of Spain, and to the courts of Barcelona, Spain.
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