The website https://www.themarbellaheights.com (hereinafter the “Website”) is owned by OWN SOL PROPERTIES SLU(hereinafter the “COMPANY”), with registered office at: AV COLINA NORTE NUM. 16 P 97 UR. GOLF RIO REAL, 29603, Marbella, Malaga and Tax Identification Number B93720340.
In order for the Website to meet the transparency, clarity and simplicity criteria, the COMPANY notifies the User that any suggestion, question or query regarding the Terms of Service will be received and resolved by contacting the COMPANY via email at: email@example.com.
The COMPANY provides the content and services available on the Website subject to the present Terms of Service, as well as the policy on personal data processing (hereinafter the “Personal Data Protection Policy”). Access to this Website or its use in any way grants you the status of “User” and it implies the full acceptance of each and every one of the present Terms of Service, with the COMPANY reserving the right to modify them at any time. Consequently, all Users must carefully read the current Terms of Service every time they access this Website and in the event that they do not agree with any provision, must abstain from using the Website.
Furthermore, you are hereby notified that, occasionally, special conditions may be established for the use of specific contents and/or services on the Website, the use of which will imply the full acceptance of the special conditions specified within.
Through the Website, the COMPANY offers Users the possibility of accessing the following: Information on the company, contact details, products and services, prices, commercial offers, location – A contact section for enquiries providing personal data – and links redirecting to social networks (hereinafter the “Services”).
- Privacy and Data Processing
When required to provide personal data to access specific contents or services, Users guarantee the veracity, accuracy, authenticity and validity of said data. The COMPANY shall automatically process this data subject to their nature or purpose, following the terms stated in the Data Protection Policy section.
- Industrial and Intellectual Property
The User hereby acknowledges and accepts that all contents shown on the Website, particularly designs, texts, images, logos, icons, buttons, software, brand names and any other signs which may be subject to industrial and/or commercial use, are subject to Intellectual Property rights and all brands, trade names and distinctive signs, as well as all industrial and intellectual property rights regarding the contents and/or any other element inserted in the page exclusively owned by the COMPANY and/or third parties who have the exclusive right to use them in economic circulation. For all of these reasons, the User agrees not to reproduce, copy, distribute, provide or any other form of public communication, transform or modify these contents, keeping the COMPANY harmless from any claim derived from a breach of the aforementioned obligations. In no case does access to the Website imply any kind of waiver, transmission, license to or total or partial transfer of said rights unless expressly stated otherwise. The present Terms of Service of the Website do not give Users any other right of use, modification, exploitation, reproduction, distribution or public communication of the Website and/or its Contents different to those expressly provided herein. Any other use or exploitation of whichever rights will be subject to prior and express authorisation granted especially for such purpose by the COMPANY or the third party holder of the rights concerned.
The contents, texts, photographs, designs, logos, images, computer programmes, font codes and, in general, any existing intellectual creation on this site, as well as the site itself as a whole, as an artistic multimedia creation, are protected by copyright by intellectual property laws. The COMPANY holds the rights of all elements which integrate the graphic design of the Website, the menus, browsing buttons, HTML code, texts, images, textures, graphics and any other Website content or, in any case, the corresponding authorisation for their use. The content provided on this Website may not be reproduced partially or in its totality, nor transferred or registered by any information recovery system, in any format or media, without express prior authorisation in writing issued by the aforementioned COMPANY.
Furthermore, it is strictly forbidden to delete, bypass and/or manipulate the “copyright” as well as the technical protection devices or any other information mechanism which may include the contents. The Website User agrees to respect the rights set forth and avoid any other action which may damage them and the COMPANY reserves the right to exercise any corresponding legal means or actions in order to defend their legitimate intellectual and industrial property rights.
- Website User Obligations and Responsibilities
The User agrees to:
Make appropriate and lawful use of the Website as well as of its contents and services, pursuant to: (i) current applicable law; (ii), the Website’s Terms of Service; (iii) generally accepted moral standards and good practice and (iv) public order.
Provide himself with all the means and technical requirements needed to access the Website.
Provide truthful information when filling in the personal data in the forms contained within the Website and keeping them up to date at all times so that they correspond with the User’s current status at all times. The User shall be solely responsible for any false or inaccurate statements made and for the damages caused to the COMPANY or third parties by the information provided.
Notwithstanding the provisions stated in the previous section, the User must abstain from:
- a) Making unauthorised or fraudulent use of the Website and/or the contents for illegal purposes or effects, forbidden in the present Terms of Service, detrimental to the rights and interests of third parties, or which in any way may damage, disable, overload, impair or prevent the normal use of the services or documents, files and all kinds of contents stored in any computer device.
- b) Accessing or trying to access restricted resources or areas on the Website without meeting the conditions required for said access.
- c) Causing damage to the Website’s physical or logical systems or to those of its providers or third parties.
- d) Introducing or disseminating computer viruses or any other physical or logical systems in the network which may cause damage to the physical and logical systems of the COMPANY, its providers or third parties.
- e) Attempting to access, use and/or manipulate the data of the COMPANY, third-party providers and other Users.
- f) Reproducing or copying, distributing, allowing public access through any public-communication method, transforming or modifying the contents without express authorisation from the owner of the corresponding rights or unless it is legally permitted.
- g) Deleting, hiding or manipulating the notes on intellectual or industrial property rights and other identifying data of the COMPANY’s rights or those of third parties built into the contents as well as technical protection devices or any other information mechanism which may be inserted into the contents.
- h) Obtaining or attempting to obtain the contents by using means or procedures different to those that, depending on the circumstances, have been provided for this purpose or have been expressly indicated on the websites which include the contents or, in general, from those usually employed on the Internet in order not to pose a risk of damage or disablement of the website and/or its contents.
- i) In particular, the User agrees, including but not limited to, not to transfer, diffuse or provide to third parties information, data, contents, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material which:
- (i) In any way is against, disregards or infringes fundamental rights and public liberties recognised by law, international treaties or current legislation.
- (ii) Induces, incites or promotes criminal, denigratory, slanderous or violent actions or, in general, those which go against the law, accepted morals and good practice and public order.
- (iii) Induces, incites or promotes behaviours or thoughts which discriminate against gender, race, religion, beliefs, age or condition.
- (iv) Incorporates, provides or allows access to products, elements, messages and/or services which are illegal, violent, offensive, harmful, degrading or, in general, against the law, accepted morals, good practice and public order.
- (v) Induces or may induce an unacceptable state of anxiety or fear.
- (vi) Induces or incites to involvement in practices which may be dangerous, unsafe or harmful to one’s health or psychic balance.
- (vii) Is protected by law in terms of intellectual and industrial property held by the COMPANY or third parties without having been authorised to use it in the intended manner.
- (viii) Infringes personal honour, personal and family intimacy or personal image rights.
- (ix) Constitutes any kind of advertising.
- (x) Includes any kind of virus or programme which prevents the normal functioning of the Website.
If you are provided with a password to access some of the Website’s contents and/or services, you are obliged to use it diligently, keeping it secret at all times. Consequently, you will be responsible for its adequate custody and confidentiality, agreeing not to transfer it to third parties, temporarily or permanently, nor to allow other people to access to the aforementioned services and/or contents. Furthermore, you are obliged to notify the COMPANY of any event which may cause an improper use of your password, such as, including but not limited to, its theft, loss or unauthorised access, in order to proceed with its immediate cancellation. If you do not carry out the aforementioned notification, the COMPANY shall not be held responsible for any damages which may derive from the improper use of your password and any illegal use of the contents and/or services of the Website by an unlawful third party shall be the User’s responsibility.
If you breach any of the obligations established in the present Terms of Service in a negligent or intentional manner, you will be liable for all the damages caused to the COMPANY which may derive from said breach.
The COMPANY does not guarantee continuous access nor the correct display, download or use of the elements and information contained in the Website pages, which may be blocked, impeded or interrupted by factors or circumstances out of its control.
The COMPANY shall not be responsible for any decisions which may be taken as a result of access to the contents or information provided.
The COMPANY may interrupt the service or immediately terminate its relationship with the User if it detects that a use of its Website or of any other services provided within breach the current Terms of Service. The COMPANY shall not be responsible for any damages, losses, claims or expenses derived from the use of the Website, only for removing the contents which may generate these damages as soon as possible, subject to previously being notified about them. In particular, it shall not be responsible for the damages which may derive from, among others:
- (i) interferences, interruptions, errors, omissions, technical faults, delays, blockages or disconnections in the functioning of the electronic system caused by deficiencies, overloads and errors in the telecommunications lines and networks or by any other cause beyond the COMPANY’s control.
- (ii) illegal interference by using malicious software of any kind through any communication format, such as computer viruses or those of any other kind.
- (iii) improper or inadequate use of the Website.
- (iv) security or browsing errors caused by an improper functioning of the browser or by the use of outdated versions of it. The COMPANY administrators reserve the right to remove, fully or partially, any content or information contained within the Website.
The COMPANY shall not be responsible for any damages which may be caused by the improper use by Users of the services of free disposal and use on the Website. Also, the COMPANY shall not be responsible for the content and information which may be received as a consequence of the data-collection forms, with these existing solely for the provision of services related to questions and queries. On the other hand, in the event of causing damages due to an illegal or improper use of these services, the User may be held responsible for the aforementioned damages by the COMPANY.
The User shall defend, indemnify and save harmless, at his own expense, the COMPANY from any damages derived from claims, actions or lawsuits from third parties derived from his access or use of the Website. Furthermore, the User must indemnify the COMPANY for any damages derived from his use of “robots”, “spiders”, “crawlers” or any other similar tools used used with the purpose of gathering or extracting data or any other action on his behalf which imposes an unreasonable load on the functioning of the Website.
The User must not reproduce in any way, not even via a hyperlink, the COMPANY’s Website nor any of its contents without express authorisation in writing issued by the COMPANY.
The COMPANY’s Website includes links to other websites managed by third parties with the purpose of facilitating access to information to the User from partner and/or sponsoring companies. However, the COMPANY shall not be responsible for the contents of the aforementioned websites nor does it position itself as a guarantor or offering party of the services and/or information which may be offered through the third-party links.
The User is granted a limited, revocable and non-exclusive right to create links of the Website’s home page, exclusively for private and non-commercial use. Those websites which include a link to our Website (i) may not state that the COMPANY recommends them or its services and products; (ii) may not falsify a relationship with the COMPANY nor state that the COMPANY has authorised this link, or include distinguishing brands, names, commercial names, logos or any other signs of the COMPANY; (iii) may not include contents which may be considered to be in bad taste, obscene, offensive, controversial, incite violence, discriminate against gender, race or religion; against public order or illegal; (iv) may not link to any page of the Website other than the home page; (v) must link to the Website’s own address, not allowing that the website which carries out the link reproduces the Website as part of its own website or within one of its frames or creating a browser on any of the Website’s pages. The COMPANY may request, at any time, the removal of any link to the Website, which must then result in its immediate removal. The COMPANY cannot control the information, contents, products or services provided by other websites which have established hyperlinks of the Website.
Therefore, the COMPANY shall not be responsible for any aspect related to these websites.
- Data Protection
In order to use some of the Services, Users must previously provide personal data. For this purpose, the COMPANY will automatically process the personal data in accordance with Personal Data Protection regulations. Users may access the policy followed to process personal data, as well as the establishment of the aforementioned purposes, in the terms defined in the Data Protection Policy set forth in the Website.
Cookies are files sent to a browser via a web server in order to register the User’s browsing on the Website, when the User allows their reception. In turn, the User may delete the cookies, for which he may find the required information on his browser’s instructions.
Thanks to cookies, the COMPANY can recognise the computer browser employed by the User with the purpose of facilitating contents and showing browser and advertising preferences, as well as recognising his demographic profiles to measure visits and web-traffic parameters, controlling progress and number of views.
- Duration and termination
The provision of the service of the present Website and other services have, in principle, an indefinite duration. However, the COMPANY may terminate or suspend any of the site’s services. When possible, the COMPANY will notify of the termination or the suspension of the specific service provision.
- Representations and warranties
In general, the contents and services offered on the Website are merely informative. Therefore, by offering them, the COMPANY does not grant any representations or warranties in relation to the contents and services offered on the Website, including but not limited to, warranties related to lawfulness, reliability, utility, veracity, accuracy or marketability, except to the extent that by law such representations and warranties may not be excluded.
- Force majeure
The COMPANY shall not be responsible in any case for the impossibility of providing service if this is caused by prolonged interruptions in the power supply and telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, Government actions and omissions and, in general, all events of force majeure or acts of God.
- Dispute resolution. Applicable law and jurisdiction
The present Terms of Service, as well as the use of the Website, shall be governed by Spanish law. Any dispute shall be resolved before the Courts of Málaga.
In the event that any provision included in these Terms of Service resulted to be unenforceable or void under applicable law or as a consequence of a judicial or administrative decision, the aforementioned unenforceability or invalidity shall not mean that the present Terms of Service are unenforceable or void as a whole. In these cases, the COMPANY shall proceed to the modification or substitution of the aforementioned provision for another one which is valid and enforceable and that, as much as possible, can achieve the objective and intention reflected in the original provision.