22 August 2017
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Terms and Conditions of Portal Use

THESE TERMS AND CONDITIONS GOVERN YOUR USE OF THE GUIDE2MARBELLA.COM PORTAL (THE "PORTAL"). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE PORTAL. WE RECOMMEND THAT YOU PRINT AND RETAIN A COPY OF THESE TERMS AND CONDITIONS FOR FUTURE REFERENCE.

YOUR ATTENTION IS DRAWN IN PARTICULAR TO CLAUSE 8 BELOW.
The Portal is provided by Guide2marbella S.L. and references to "guide2marbella.com", "guide2marbella", "we", "us", or "our" are to guide2marbella S.L.
1. Introduction
1.1 Your use of the Portal is subject to you accepting the following Terms and Conditions of Portal Use and Privacy Policy [see the end of this document] (together, the "Terms of Use"). Your continued use of the Portal signifies your acceptance of the Terms of Use. If you do not accept all of these terms, you should not use the Portal.
1.2 We may modify the Terms of Use at any time and we will inform you of any intended changes by posting a notice on the Portal at least 7 days before the changes are made.
1.3 If you do not wish to accept any amended Terms of Use you should stop using the Portal. Your continued use of the Portal will signify your acceptance of any amended Terms of Use.
   
2. Intellectual Property
2.1 All information, data and materials accessible on the Portal (the “Content") is protected by rights, including copyright, design rights, database rights and trade marks. All these rights are either owned by or licensed to us or otherwise used by us as permitted by applicable law.
2.2 The Content is intended for individual, personal use only. Accordingly, you may print and download extracts from this Portal for your own personal, non-commercial use, provided that any material copied remains intact and includes the following notice: “Copyright © 2003-2004 Guide2marbella S.L.” Any other copying, distribution, storing, framing or transmission of any kind or any sort of commercial use of the Content is strictly prohibited without our express consent.
2.3 No license is granted to you in these Terms of Use to use any trade mark of Guide2marbella.com (including words and logos of “guide2marbella.com”, however represented). Should you wish to obtain the right to use any of our trade marks please request permission to do so by sending an e-mail or writing to the contact details set out in clause 13 below.
   
3. Linking
3.1 You may create a hypertext link from your website to the Portal, provided that you do not link to the Portal from any website containing obscene, defamatory, threatening or degrading material or material that infringes the intellectual property or other rights of any third party or which is otherwise unlawful. The nature of the Portal page being linked to must be made explicit in the link or in the text that is used to describe the link (see examples of preferred links).
3.2 Guide2marbella S.L. reserves the right to employ such measures as necessary to remove linking or framing to the Portal.
   
4. Registered Users
4.1 Certain parts of the Portal are only available to users who register (the "Registered Users"), who at the time of registration are asked to provide a username and password (together the "User Details").
4.2 As a Registered User, you certify that all information that you provide will be accurate and you agree to inform us by sending an e-mail to editor@guide2marbella.com in the event that any of this information should change. Your User Details are unique to you and you are responsible for maintaining the confidentiality of your User Details.
4.3 You are responsible for all use of the Portal made through the use of your User Details. Please notify us immediately if you believe that the use of your User Details has been compromised.
4.4 User Details and all personal data will only be used by us in accordance with the Privacy Policy, available at the end of this document, which forms part of these Terms of Use.
   
5. Your Content
5.1 The Portal if and when containing message boards (including the “Feedback Forum”) and other interactive areas (together, "the Interactive Areas"). We do not own the information or material that users post on the Interactive Areas. However, you agree to grant us an unlimited, royalty free licence to republish or otherwise use anything that you post or send to us for posting on the Portal.
5.2 If you believe that your intellectual property rights have been infringed or that you have been defamed by the material posted on the Interactive Areas, please notify us using the contact details set out at clause 13 below so that the situation can be promptly addressed.
   
6. Acceptable Use
 

You are responsible for the content of the material that you post or send to Guide2marbella.com for posting on the Portal. You agree to use the Portal for lawful purposes only. In particular, it is a condition of the Terms of Use that you shall not use the Portal to:

  • Post or transmit any material that you do not have a right to transmit under law (for example, but not limited to, copyright);
  • Post, transmit, disseminate, or link to any information that is obtained in breach of confidence;
  • Post, transmit, disseminate or link to any material that is obscene, sexually explicit, defamatory, threatening, degrading or which discloses private or personal matters concerning any person;
  • Post, transmit, disseminate or link to any advertising, promotional materials or other forms of solicitation, including chain mails or pyramid schemes.
  • Impersonate any person, or entity or misrepresent your affiliation with anyone or entity;
  • Collect or store other users' personal data;
  • Prevent or restrict the use of the Portal by other users;
  • Intentionally violate any other applicable law or regulation while accessing and using our Portal;
  • Gain unauthorised access to other computer systems; or
  • Interfere or disrupt networks or websites connected or linked to the Portal.
6.2 We reserve the right, at our sole discretion and without prior notice, to review, remove, otherwise block or not post any material that you post or send to us for posting, transmit to or link to for violating the above provisions.
   
7. Competition and Prizes
7.1 Guide2marbella may run competitions, prize draws and promotions on the Portal that will be subject to additional terms and conditions applicable to each individual instance and which will be made available at the time of such competitions.
   
8. Limits to your rights
8.1 We will do our best to maintain the operation of the Portal in accordance with these Terms of Use. However, we cannot guarantee that the Content will be technically suitable for viewing on your computer or that the Portal will be delivered to you uninterrupted, timely, secure or error-free.
8.2 We cannot and do not accept any responsibility for the computer equipment, mobile phone equipment and telecommunications services which you use to access the Portal and cannot guarantee the continued availability of any other person or services involved in providing the Portal to you.
8.3 The internet is not a secure environment and we cannot guarantee that the Portal and the server are free of computer viruses or other harmful applications. We recommend that you regularly update your browser software and use up-to-date anti-virus software to ensure that your access to the Portal is as secure as possible.
8.4 Your access to the Portal may be occasionally restricted to allow for repairs, maintenance, the introduction of new facilities or services, or due to events beyond our reasonable control. Where this happens, we will attempt to restore the Portal as soon as we reasonably can.
8.5 The Portal contains general information only and is not professional advice of any kind. Your use of the Portal does not constitute any client-advisor relationship with us. We cannot accept any liability to you for any action you decide to take or refrain from taking as a result of information obtained from the Portal. You should always seek independent, professional advice before making any decision based in full or in part on the information or material obtained from the Portal.
8.6 Except where a website is identified as being owned by us, we have no control or proprietary interest in websites that are hypertext linked to the Portal. The links are provided for your convenience and any such link does not imply endorsement by us of a website or any association with the operators of a website. When you activate any of these links, you will leave the Portal and we accept no responsibility for the availability or content of any linked websites and shall not be responsible in any way for arrangements regarding goods or services from such linked websites. Should you purchase products or services from any linked websites or third parties advertising on our Portal, any contracts will be exclusively between you and the relevant third party. We shall not be responsible for any costs, claims, damages and liability arising from these, even if the contract was entered into through the Portal.
8.7 Except for death or personal injury caused by our negligent acts or omissions, or fraudulent misrepresentation, we shall only be liable for loss or damage which is a reasonably foreseeable consequence of a breach of these Terms of Use.
   
9. Your responsibility to us
9.1 You shall be responsible for any losses, expenses or other costs incurred by us which are caused by your deliberate breach of these Terms of Use.
   
10. Terminations and Suspension
10.1

We may terminate or suspend your access to the Portal and/or registration immediately if:

  • You breach these Terms of Use or misuse the Portal provided by us; or
  • You have behaved in a way which objectively could be regarded as inappropriate or is unlawful or illegal or which would bring Guide2marbella S.L. and/or the guide2marbella.com portal into disrepute.
10.2 If you are a Registered User, we may require you to change your password or suspend access to the Portal if we reasonably believe that the Portal has been or is likely to be misused, and we will notify you accordingly.
10.3

We may suspend or terminate access to the Portal at any time if we believe it to be necessary to do so:

  • to prevent infringement of third party rights; or
  • for reasons beyond our control, and if this occurs we will endeavour to provide as much notice as is reasonably possible in the circumstances.
10.4 We may terminate access to the Portal and this agreement between us by giving you 14 days notice.
10.5 You may terminate your registration to the Portal by notifying us as set out at clause 13 below.
10.6 Any suspension or termination of your right to use the Portal and/or your registration will not affect either party's rights or liabilities.
   
11 Access outside the UK and Spain
11.1 We do not represent that the materials on the Portal are appropriate or available for use outside the United Kingdom or Spain and accessing the Portal from territories where its contents are illegal or unlawful is prohibited. If you access the Portal from outside the United Kingdom or Spain, it is your responsibility to ensure compliance with any foreign and local laws and requirements.
   
12 General
12.1 If any part of these Terms of Use is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
12.2 If you breach these Terms of Use and guide2marbella ignores this, we will still be entitled to enforce all these terms at a later date or in any other situation where you breach the Terms of Use.
12.3 These Terms of Use and the agreement between you and us for the provision of the Portal are only available in the English language.
   
13 Contact guide2marbella
  The Portal is provided by Guide2marbella S.L., a company registered in Spain with company number: CIF B-3323710, whose registered office is at Pinogolf de Don Carlos 27, Elviria, 29600, Marbella, Malaga, Spain.

If you wish to contact Guide2marbella regarding the Portal, please use the following contact details: Address:

The Web Content Manager,
Pinogolf de Don Carlos 27, Elviria,
29600, Marbella,
Malaga, Spain.
Telephone: +34 952 838 620
Email editor@guide2marbella.com
   
   
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