Legal Advice|
legal notice in short... we will never give your e-mail address to anyone, you can cancel your subscription whenever you want for legal purposes covered in public general act December 13th 15/1999 of personal data protection, casa-competa.com informs the user of the existence of a data file of personal nature created by and for casa-competa.com and under its responsibility, with the aim of managing the relationship of casa-competa.com with those users who give personal data to casa-competa.com ("personal users") and give content to its real estate portal required information at the time of registration, casa-competa.com requires all personal users wishing to insert a listing in its database to provide the following personal information: * name and surname(s) of the contact person * password it is also necessary in some cases to provide information about the property you wish to advertise or find. privacy right of access, rectification, opposition, and cancellation upon providing us with his/her data, the personal user declares to casa-competa.com that this information is true to the best of his/her knowledge. the personal user and, where applicable, his or her representative, will be able to exercise the rights of access, rectification, opposition, and cancellation by using his personal access. casa-competa.com’s commitment casa-competa.com commits itself to meet its obligation to respect the privacy of personal information and safeguard it, and will take the necessary measures in order to avoid its alteration, loss, treatment or unauthorized access, in compliance with the provisions of the regulation on security measures for automated files which contain personal information, approved by royal decree 994/1999 of 11 june. we include the general service clauses below. we apologize for the legal and technical tone of these paragraphs, but they have been written by lawyers and by necessity the language must be as it is. terms and conditions of service before proceeding to use this website, please read the following general conditions of service provision. please note that if you continue using this site or any service included in it, we understand that you agree to said general conditions. also, please note that casa-competa.com may modify these general service provisions at any time. therefore, when you use or access this site, please review these general conditions. if, at any time, you do not wish to accept these general conditions of service provision, you should stop using this site. any condition or clause that you propose and which represents an addition or contradicts these general conditions of service provision, will not be taken into consideration by casa-competa.com and will not have any influence upon or validity among the parties 1. user acceptance of the general terms of service provision. you declare that you have read the general conditions of service provision (“gsp”) related to casa-competa.com and that you accept them. you also accept (a) to obey the laws of the kingdom of spain that are applicable to the transmission of data obtained from the service (as defined in these pages); (b) not to use the service for illicit activities; (c) to not interfere with or interrupt the networks connected to the service 2. copyright. this website, including but not limited to the text, software, content, photographs, audio-visual material and graphics (the "service"), as well as all of the anonymous commentaries posted by participants in the casa-competa forums, is protected by trademarks, copyright, and other registered lawful rights, in accordance with international conventions to which spain subscribes and other spanish property rights and laws 3. use restrictions. you may not utilize the service for illicit ends or those that are in contradiction with the gsp. you accept to use the service exclusively for your non-lucrative personal use, and not for resale, transfer or at the disposal of any other person or entity for their profit. you also accept to not use, transfer, distribute or dispose of the information included in the service in a way that would compete unfairly with casa-competa.com. you accept to protect the copyright of casa-competa.com during and even after the term of this agreement and to meet all the reasonable written requests made by casa-competa.com or its providers in regards to the content, in order to protect its contractual, statutory and common legal rights. you agree to inform casa-competa.com in writing and in an opportune manner if you observe any non-authorized use of the service by third parties or violations of copyright, trademark or other rights that the service might be infringing or vice versa 4. additional use restrictions. you may not copy, reproduce, compile, disassemble, execute inverse engineering activities, distribute, publish, show, execute, modify, download, make derivative works, transmit or exploit parts of the service, excepting the downloading and/or copying of service material for non-lucrative, personal use, as long as you respect all copyrights. the modification of service content represents a violation of the legal rights of casa-competa.com. moreover, you may not distribute any part of the service via another medium, including among others television or radio, a computer network or a hypertext link on the internet, without the previous written authorization of casa-competa.com. you may not use the service to improve the quality of data sold or contributed to third parties. moreover, you may not use the copyrights, services or trademarks of casa-competa.com or of third parties in such a way that those trademarks or rights seem to belong to you, are associated with you or that they are being used with the authorization of casa-competa.com or one of its legitimate representatives, and you acknowledge that you do not have any property rights over any of these services or trademarks. you will use neither the service nor the information contained in it in any correspondence whose end is promotional, nor will you send said correspondence to any person or entity using the service. you agree to submit to the general conditions of service provision related to the service, including the links and framing policy. 5. license. you do not acquire any rights or licenses related to the service nor any elements of the same, except the right limited to use of the service as per the gsp. if you decide to download part of the service, you must do so in accordance with the gsp. 6. reserved rights. all rights both present and future related to confidential information about production secrets, patents, copyrights, trademarks, specialized information and other property rights covered by international laws and conventions, including the rights of all the present and future applications and registers related to the service (the “intellectual property rights”) which correspond to the service (including the right to exploit the service and any part of it by means of present and future technologies) are reserved for the exclusive use of casa-competa.com. with the exception of the cases included in the gsp, you cannot copy or use the service, nor parts of the service. excepting the cases herein, you may not use the intellectual property of casa-competa.com or of third parties, nor the service, the names of the participants in or contributors to the service, variations or modifications for any end, without previous written authorization from casa-competa.com 7. statement of liability. you acknowledge that you are using the service on your own responsibility and recognize that the service and any element of the same, including but not limited to the content, services, goods or the advertisements (the “elements”) are made available “as is” and that casa-competa.com does not expressly or implicitly guarantee the elements, including, among others, the infringement, title or suitability to an objective or particular use. casa-competa.com does not guarantee that the service be compatible with your hardware or software, nor that the service does not contain errors, viruses, worms or “trojans” and does not assume responsibility for any damages caused by these destructive elements. you acknowledge that casa-competa.com, its suppliers and agents are not responsible for: (i) damages, whether caused by negligence of casa-competa.com, its employees, contractors, agents, suppliers or whether they arise in connection with the service, casa-competa.com not being responsible for any loss of profits, losses in general, indirect or collateral damages, nor as a consequence of the lodging of any claims against casa-competa.com by third parties; nor of (ii) errors, discrepancies, omissions, delays or other errors in the service caused by your computer or by the use of the service on said equipment. other website content, goods or advertisements that may be linked to the service are not administered or controlled by casa-competa.com; casa-competa.com is not, therefore, responsible for the availability, content or accuracy of other websites, service or goods that may be linked to or advertised on the service. casa-competa.com (a) does not guarantee, explicitly or implicitly, the use of the links provided on or to the service, (b) does not guarantee the accuracy, totality, usefulness or adequacy of any other websites, services, goods or advertisements that may be linked to the service, and (c) neither does it explicitly or implicitly promote these other websites, services, goods or advertisements that may be linked to the service. casa-competa.com and/or the contributors to the service may cancel access to the contents (of those other websites, services, goods or advertisements) at any time, based on the gsp. casa-competa.com’s objective is to provide updated information via its website. to this end, said information may vary fairly frequently, for which reason we recommend constant visits to the website before effecting any purchase or transfer of ownership of a building casa-competa.com uses every means at its disposal to ensure the accuracy of the information provided to us by the owners of the properties listed on the website, as well as the agencies and developers of said properties. however, casa-competa.com cannot guarantee the absolute trustworthiness of the data, since they may be subject to some kind of error the prices and other information that appear on casa-competa.com do not constitute a contractual offer, and they are published for information purposes only casa-competa.com is not responsible for the existence of mortgages, embargos, encumbrances or any other financial burden which the properties included on this website may be subject to without prejudice to the information made available in this legal notice, casa-competa.com warns that it is not responsible for the information included in the real estate offer in question. on the contrary, the information that must be provided according to royal decree 515/1989, of 21 april, relative to the protection of consumers in respect to information that must be supplied in the sale and rental of homes, will be made available to buyers in the offices of each real estate agency or directly by the property owners 8. statement of civil liability. casa-competa.com, its managers and employees, collective partners, subsidiaries, associates, successors and cessionaries, as well as its agents, will not be in any way responsible, directly or indirectly, to you or any other person for: (i) errors and omissions in the service; (ii) delays, errors or interruptions in the transmission or delivery of the service; or (iii) losses or damages occasioned or for any other non-fulfillment motive 9. limits on civil liability. for no reason, including but not limited to negligence, will casa-competa.com bear any civil liability toward you for direct or indirect damages, even if an authorized casa-competa.com representative may have had specific knowledge of the possibility of such damages being incurred, occasioned by the use of or the impossibility of using the service or any link or element of the service or provision of the gsp, such as loss of income, anticipated profits or loss of clientele. under no circumstances would the total civil liability of casa-competa.com toward you for all of the damages, losses and rights of claim (included in the contract or that assume illicit civil acts and including, but not limited to, negligence) exceed the amount that you paid, if any, in order to have access to these pages on the net casa-competa.com excludes any responsibility for legal damages of any kind that may be due to the transmission, diffusion, storage, making available, reception, obtaining or access to the services, and especially, although not exclusively, for legal damages that may be due to (a) non-compliance with the law, morality and generally accepted good behavior or public order as a result of the obtainment, utilization or access to the services; (b) the breaching my means of the improper use of the services of intellectual and industry property rights, trade secrets, or contractual obligations of any kind, of the rights of honor, personal and familial privacy and personal images, of property rights and of rights of any other nature belonging to a third party; (c) the execution of acts of unfair competition and illicit advertising as a consequence of the utilization of the services; (d) inadequacy for any kind of purpose or disappointment of the expectation generated by the services; (e) non-compliance, delay in compliance, defective compliance or termination for any reason of the obligations assumed by third parties and contracts made with third parties through or because of access to the services casa-competa.com is not responsible for communication that may take place between users, nor for agreements they may reach as a result of the offers that appear on the web page 10. declarations and guarantees. you declare, guarantee and promise that: (a) you possess the legal right to form part of this agreement; (b) are at least eighteen (18) years old; (c) will not use any right granted you in this gsp for illicit purposes; and (d) you will use the service only in the manner set forth in the gsp 11. indemnity. you agree, at your own cost, to indemnify, defend and protect casa-competa.com and its employees against any claim, formal complaint, demand or other legal process made against casa-competa.com and its employees, to the extent to which said claim, formal complaint, demand or legal process is based on or arises in relation to the service or any link to the same, including among others (i) the use made by you or another person who uses the service on your computer; (ii) non-compliance with the gsp by you or another person who uses the service on your computer; (iii) the claim that the use of the service made by you or another person violates intellectual property rights (as defined herein) of third parties, or personal or advertising rights, constitutes libel, or is defamatory or detrimental or harmful to third parties; (iv) any omission, addition, insertion or change, or any other non-authorized use of the service made by you or another person using your computer (depending on the case); (v) the falsification or alteration of the statement or guarantee made by you included in this document; or (vi) the breach of promises or agreements made by you afterward. you agree to pay all costs and damages, including but not limited to reasonable honoraria for legal services and costs incurred which are related to or arising from claims, denunciations or other processes related to the same 12. personal information. pursuant to institutional law 15/1999 of 13 december on protection of personal information, casa-competa.com informs the user of the existence of a data file with personal information created by and for casa-competa.com and under its responsibility, for management of the contact between casa-competa.com and those users who have provided personal information to casa-competa.com (“personal users”) and to give content to its real estate portal at the time of registration, casa-competa.com requires the following data be provided by the personal user: first and last name(s) of the contact person, password, contact telephone number, contact address and/or email address. at times we may also require information about the property that they wish to list or seek. upon providing us with their information, the personal user declares to casa-competa.com that the information is true to the best of his/her knowledge casa-competa.com commits itself to meet its obligation to respect the privacy of personal information and safeguard it, and will take the necessary measures in order to avoid its alteration, loss, treatment or unauthorized access, in compliance with the provisions of the regulation on security measures for automated files which contain personal information, approved by royal decree 994/1999 of 11 june. 13. termination. both you and casa-competa.com may terminate the gsp due to non-compliance with the terms set forth in the gsp. at the time of the contract being dissolved you will discontinue use of the service and will destroy any material that you obtained from it. on the other hand, if you do not comply with any one of the norms set forth in this gsp, casa-competa.com may do the same without having to give forewarning. if you or casa-competa.com terminates the gsp, you must immediately destroy all material and copies of it that you obtained from the service 14. jurisdiction. this gsp is subject to the laws of the kingdom of spain. you agree to present any legal action that may be occasioned related to the service or disputes related to the interpretation or non-compliance with the gsp in the courts of the city of Malaga. 15. other. you accept that casa-competa.com reserves the right to change the content or technical particularities of any aspect of the service at any time at its own discretion. you also accept that said changes may affect your access to the service 16. complete contract. the gsp and other terms and conditions of the service included in casa-competa.com constitute the complete agreement between you and casa-competa.com and regulate the use of the service. |
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