Legal notice and terms of use
Legal information and acceptance
These provisions regulate the use of the Internet portal service (hereinafter, the ‘Portal’) that Ana Chapado de la Calle (hereinafter, NEVERENDING) makes available to Internet users through the website www.neverendinghomes. com
NEVERENDING is represented by Ana Chapado de la Calle, NIF: 25720138C, address C / Juan Sebastián Elcano No. 110 1ºB, 29018, Málaga (Málaga), telephone: 685 82 75 85 and email RESERVATIONS@NEVERENDINGHOMES.COM
Access to the website is free except for the cost of the connection through the telecommunications network provided by the access provider contracted by the users. Certain services are exclusive to our clients and their access is restricted.
The use of the Portal attributes the condition of user of the Portal (hereinafter, the ‘User’) and implies the acceptance of all the conditions included in this Legal Notice. The provision of the Portal service has a limited duration at the moment in which the User is connected to the Portal or to any of the services provided through it. Therefore, the User must carefully read this Legal Notice on each of the occasions in which he intends to use the Portal, since it and its conditions of use contained in this Legal Notice may undergo modifications.
Some Portal services accessible to Internet users or exclusive to NEVERENDING customers , may be subject to particular conditions, regulations and instructions that, where appropriate, replace, complete and / or modify this Legal Notice and must be accepted by the User before beginning the provision of the corresponding service.
2. Intellectual and industrial property
All the contents of the Portal, understood by them as merely enunciative texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes (hereinafter, the ‘ Contents’), are the intellectual property of NEVERENDING or third parties, without being able to be understood as assigned to the User any of the exploitation rights recognized by current regulations on intellectual property on them, except those that are strictly necessary for the use of the Portal.
The trademarks, trade names or distinctive signs are owned by NEVERENDING or third parties, without it being understood that access to the Portal attributes any right over the aforementioned trademarks, trade names and / or distinctive signs.
3. Portal conditions of use
3.1 General
The User undertakes to make proper use of the Portal in accordance with the Law and this Legal Notice. The User will respond to NEVERENDING or third parties for any damages that may be caused as a result of breach of said obligation.
It is expressly forbidden to use the Portal for harmful purposes of goods or interests of NEVERENDING or third parties or that in any other way overload, damage or disable the networks, servers and other computer equipment (hardware) or computer products and applications (software) of NEVERENDING or third parties.
3.2 Contents
The User undertakes to use the Contents in accordance with the Law and this Legal Notice, as well as with the other conditions, regulations and instructions that may be applicable in accordance with the provisions of clause 1.
For information purposes only, the User, in accordance with current legislation, must refrain from:
Reproduce, copy, distribute, make available, publicly communicate, transform or modify the Contents except in the cases authorized by law or expressly consented to by NEVERENDING or by the holder of the exploitation rights in their case.
Reproduce or copy for private use the Contents that may be considered as Software or Database in accordance with current legislation on intellectual property, as well as its public communication or made available to third parties when these acts necessarily imply reproduction by part of the User or a third party.
Extract and / or reuse all or a substantial part of the Contents of the Portal as well as the databases that NEVERENDING makes available to Users.
3.3 Data collection forms
Without prejudice to the provisions of this Legal Notice, as well as in the privacy policies accessible from the Portal and that may be applicable at any time, the use of certain services or requests addressed to NEVERENDING are subject to the prior acceptance of the Policy of Privacy and this Legal Notice.
All information provided by the User through the Portal forms for the above purposes or any other must be true. For these purposes, the User guarantees the authenticity of all the data that he communicates and will keep the information provided to NEVERENDING perfectly updated so that it responds, at all times, to the real situation of the User. In any case, the User will be solely responsible for any false or inaccurate statements made and for the damages caused to NEVERENDING or to third parties for the information provided.
3.4 Introduction of links to the Portal
The Internet user who wants to introduce links from their own web pages to the Portal must comply with the conditions detailed below without their ignorance avoiding the responsibilities arising from the Law:
The link will only link to the home page or main page of the Portal but you will not be able to reproduce it in any way (online links, copy of the texts, graphics, etc. ).
It will be prohibited in any case, in accordance with the applicable legislation and in force at any time, to establish frames or frames of any kind that surround the Portal or allow the visualization of the Contents through Internet addresses other than those of the Portal and, in In any case, when they are visualized together with contents outside the Portal in such a way that: (I) it produces, or can produce, error, confusion or deceit in the users about the true origin of the service or Contents; (II) suppose an act of unfair comparison or imitation; (III) serves to take advantage of the reputation of the brand and prestige of COMPANY NAME; or (IV) in any other way is prohibited by current legislation.
No false, inaccurate or incorrect statements about NEVERENDING, its partners, employees, customers or the quality of the services provided will be made from the page that introduces the link .
In no case, it will be expressed on the page where the link is located that NEVERENDING has given its consent for the insertion of the link or that otherwise sponsors, collaborates, verifies or supervises the services of the sender.
The use of any word, graphic or mixed mark or any other distinctive sign of NEVERENDING within the sender’s page is prohibited except in cases allowed by law or expressly authorized by NEVERENDING and provided that, in these cases, a link is allowed Direct with the Portal in the manner established in this clause.
The page that establishes the link must faithfully comply with the law and may not in any case have or link to its own or third-party content that: (I) is illegal, harmful or contrary to morality and good customs (pornographic, violent, racists, etc.); (II) induce or may induce in the User the false conception that NEVERENDING subscribes, endorses, adheres or in any way supports, the ideas, manifestations or expressions, lawful or illegal, of the sender; (III) are inappropriate or not relevant to the activity of COMPANY NAME in response to the place, content and theme of the sender’s website.
4. Exclusion of liability
4.1 Information
Access to the Portal does not imply NEVERENDING’s obligation to verify the truthfulness, accuracy, adequacy, suitability, completeness and timeliness of the information provided through it. The contents of this page are of a general nature and do not constitute, in any way, the provision of a legal advice service or of any kind, so that this information is insufficient for the personal or business decision making by the User.
NEVERENDING is not responsible for the decisions taken from the information provided on the Portal or for the damages caused to the User or third parties due to actions based on the information obtained through the Portal.
4.2 Quality of service
Access to the Portal does not imply the obligation on the part of NEVERENDING to control the absence of viruses, worms or any other harmful computer element. It corresponds to the User, in any case, the availability of adequate tools for the detection and disinfection of harmful computer programs.
NEVERENDING is not responsible for the damages produced in the computer equipment of the Users or third parties during the provision of the Portal service.
4.3 Service Availability
Access to the Portal requires services and supplies from third parties, including transport through telecommunications networks whose reliability, quality, continuity and operation does not correspond to NEVERENDING Therefore, the services provided through the Portal may be suspended, canceled or result inaccessible, prior or simultaneous to the provision of the Portal service.
NEVERENDING is not responsible for any damages or losses of any kind caused to the User that result in failures or disconnections in the telecommunications networks that cause the suspension, cancellation or interruption of the Portal service during the provision of the same or prior.
4.4 Of the contents and services linked through the Portal
The Portal access service includes technical link devices, directories and even search tools that allow the User to access other Internet pages and portals (hereinafter, ‘Linked Sites’). In these cases, NEVERENDING acts as an intermediary service provider in accordance with article 17 of Law 34/2002, of July 12, on Information Society and Electronic Commerce (LSSI) Services and will only be responsible for the contents and services provided on the Linked Sites to the extent that you have effective knowledge of the illegality and have not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with illegal or inappropriate content, he may notify NEVERENDING in accordance with the procedure and the effects established in clause 6, without in any case this communication entails the obligation to withdraw the corresponding link.
In no case, the existence of Linked Sites must presuppose the existence of agreements with the persons responsible or owners thereof, nor the recommendation, promotion or identification of NEVERENDING with the manifestations, contents or services provided.
NEVERENDING does not know the contents and services of the Linked Sites and therefore is not responsible for the damages caused by the illegality, quality, outdating, unavailability, error and uselessness of the contents and / or services of the Linked Sites or any other damage that is not directly attributable to NEVERENDING.
5. cookies
NEVERENDING may use cookies during the provision of the Portal service. Cookies are automatic procedures for collecting information regarding the preferences determined by a user during his visit to a certain web page. This information is recorded in small files that are stored in the computer equipment of the corresponding user imperceptibly. Each time the user accesses the website in question, these files are automatically activated so that the website is configured with the preferences indicated in previous visits. In short, cookies are physical files of personal information housed in the user’s own terminal and unambiguously associated with this terminal. Cookies cannot read cookie files created by other providers.
The User has the possibility of configuring his browser program so that the creation of cookie files is prevented or the moment in which this occurs is warned. The Portal is accessible without the need for options relating to cookie files, although they may prevent the proper functioning of security mechanisms for exclusive services or certain services that require greater security. As a general rule , the purpose of the Portal’s cookie files is to facilitate user navigation.
6. Communication of illegal and inappropriate activities
In the event that the User or any other Internet user were aware that the Linked Sites refer to pages whose contents or services are illegal, harmful, denigrating, violent or contrary to morality, they may contact NEVERENDING indicating the following points :
Personal data of the caller: name, address, telephone number and email address;
Description of the facts that reveal the illegal or inappropriate nature of the Linked Site;
In the case of violation of rights, such as intellectual and industrial property, the personal data of the right holder infringed when he is a person other than the communicator. It must also provide the title that proves the legitimacy of the rights holder and, where appropriate, the representation to act on behalf of the owner when he is a person other than the caller;
Express declaration that the information contained in the claim is accurate.
The reception by NEVERENDING of the communication provided in this clause will not imply, as provided in the LSSI, effective knowledge of the activities and / or contents indicated by the caller.
It must also provide the title that proves the legitimacy of the rights holder and, where appropriate, the representation to act on behalf of the owner when he is a person other than the caller; Express declaration that the information contained in the claim is accurate.
The reception by NEVERENDING of the communication provided in this clause will not imply, as provided in the LSSI, effective knowledge of the activities and / or contents indicated by the caller.
7. Legislation
This Legal Notice is governed in each and every one of its extremes by Spanish law.