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MODALITÉS, CONDITIONS ET TERMES JURIDIQUES
23 janvier 2013 ·
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CLASF DOMAINS, SITES AND SUBDOMAINS, (HEREBY, CALLED OUR SITES) GENERAL TERMS AND CONDITIONS OF USE
22 Julho 2013 · Maria Trigueiros
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CLASF DOMAINS, SITES AND SUBDOMAINS, (hereby, called OUR SITES) GENERAL TERMS AND CONDITIONS OF USE
Due to the International nature of our operations and the information gathered, we have defined the following rules in English and are applicable to any countries and any languages. If anybody has any trouble with the language shall address and email to any of OUR SITES regarding whatever issue you can have with it. The official commercial language of OUR SITES is English, nevertheless as stated below, any dispute should be rule by the Court of Madrid, Spain.
Welcome to the OUR SITES Internet sites. By accessing OUR SITES and the services available from our Internet site (the «Services»), you hereby agree to these General Terms and Conditions of Use («GCU»). The GCU may be periodically updated. It shall accordingly be up to you to consult this page on a regular basis to learn of any updates; such modifications or updates shall be automatically enforceable upon being put on-line. Use of all or part of the Services subsequent to putting updates of these GCU on line shall amount to acceptance of such updates. In case of disagreement with these GCU you shall immediately discontinue use of OUR SITES and the Services.
1. DESCRIPTION AND CONTENT OF CLASF AND DOMAINS/ SITES
1.1 Search engine
1.1.1 All users of the OUR SITES site may use the search Service, free of charge and anonymously. By means of a search engine and automatized indexation without any human intervention, this Service allows you to search and display advertisements that correspond to your request as posted by a user on our site or any other third-party Internet site.
1.1.2 The results that shall be made available to you using this search Service may not, however, be deemed as being exhaustive with respect to your request and/or the category of products or services being searched.
1.1.3 OUR SITES role shall consist exclusively of searching and displaying from or keywords contained in the advertisements available on the Internet or its advertisement Services, those advertisements that most pertinently correspond to your request.
1.2 Advertising Service
1.2.1 Subject to your prior registration on OUR SITES site in accordance with Article 3, you may benefit, free of charge, from OUR SITES advertising Service and, accordingly, post your advertisement or advertisements and/or be put into contact with a user having posted an ad on this Service.
1.2.2 This Service consists exclusively in a service for advertisements hosting and putting users and advertisers into contact. OUR SITES does not provide nor itself sell any service, product via this Service, does not control the goods, services and activities advertised via this Service and in no manner whatsoever takes part in the transactions that are entered into based on an ad. These transactions and the notifications and payments related thereto, whenever applicable, to the tax authorities shall be carried out and made under your and your co-contracting party exclusive responsibility.
1.2.3 It shall therefore be up to you to ensure that you are an adult according to the laws of your country, that you have the legal capacity and authority to form legally binding agreements according to the terms of your advertisement and you shall ensure yourself of the compliance and lawfulness of your advertisements and the offered goods and services with applicable regulations.
1.3 Evolution of the OUR SITES site and Services
The content and more specific features of the Services and functionalities of OUR SITES and its Services appear directly on the site. Such description shall be updated by OUR SITES as its site and/or the conditions of access or content of its Services evolve.
2. ACCESS TO THE CONTENT OF OUR SITES.
2.1 OUR SITES are available 24 hours a day, seven days a week absent a case of force majeure or an event that is beyond the control of OUR SITES and subject to any breakdowns and maintenance necessary for the proper functioning of the site and the equipments. The OUR SITES site may not be available during maintenance without the provision of any prior notice.
2.2 Technical assistance in the event of the malfunctioning of the OUR SITES could be provided to the users under the site heading «Contact», according to the terms and conditions appearing under such heading. Such assistance shall not cover problems related to telecommunication terminal equipments or the configuration of your software.
3. REGISTRATION ON OUR SITES
3.1 Methods of registration
3.1.1 Registration on the OUR SITES shall be made on-line. Such registration shall be necessary, in particular, in order to use the advertising Service and to receive jogs offers or any other kind of alerts in you email address.
3.1.2 You hereby undertake to provide accurate information that complies with the law in force with respect to identification information requested at the time of your registration and to update any modification concerning such information throughout the period of your registration. Such information and data are entered and put on-line by you under your exclusive responsibility; OUT SITES shall not carry out any verification with respect to the accuracy of such provided identification information or updates by any of the users of its Services and with respect to the absence of interference with third parties rights. You shall therefore guarantee and hold harmless OUR SITES against any action, complaint or claim initiated by third parties in accordance with Article 6 of these GCU.
3.2 Confidentiality of the access code
3.2.1 Following the registration procedure, you shall receive an e-mail from OUR SITES acknowledging receipt of your request, at the e-mail address communicated by you at the time of registration. It shall be up to you to click on the hypertext link appearing in this e-mail in order to definitively confirm your registration on OUR SITES.
3.2.2 You shall also be attributed a personal access code, comprised of an identifier and a password, which you shall personalize at the time of your connection. This access code is strictly personal, confidential and non-assignable. You hereby agree not to disclose this access code and not to propose access to OUR SITES to a third person under your identity. In the event that you become aware of the use of your access code by a third person, you shall immediately change your password and notify OUR SITES thereof.
3.2.3 This access code will enable you to access your personal space in which you may complete and/or update the data and information concerning you, draft and instantaneously post your ads on OUR SITES and monitor and manage them. OUR SITES, does not guarantee the maintaining of the content of such data and it shall be up to you to backup said content. Loss of such content, regardless of the cause, shall not constitute damage giving rise to any remedy.
4. USE OF THE “OUR SITES” AND ITS SERVICES
4.1 You hereby agree to use OUR SITES and its Services in accordance with these GCU, public policy and contrary to accepted standards of good behavior, and the laws and regulations in force. More particularly you are hereby informed that you may not:
• post on OUR SITES, or exchange with other users via the functionalities offered by use of the Services, including the internal messaging that is made available, any advertisements or information, regardless of their nature (text, image, sound, etc.) that:
- are untrue, imprecise or misleading;
- liable to infringe the privacy or the right to ones image of other users or third parties, intellectual property rights, a registered trademark, company name, confidentiality of correspondence;
- constitute a value judgment, that is, containing references to racial origins, political or religious opinions, union affiliation or the morals of individuals;
- liable to constitute a criminal infraction, in particular data that is defamatory, injurious, racist, revisionist, homophobic, obscene, sexual, constituting pedophilia, pornographic or incites murder or suicide or the commission of any other criminal infraction;
- liable to constitute fraud or abuse of a persons weakness;
- liable to constitute illegal subcontracting or illegal supply of workers, which may be assimilated to an offer of undeclared employment, or otherwise contrary to the provisions of the Spanish Labor Code;
- contrary to provisions relating to distance selling of goods and services, the sending of unsolicited commercial messages (spams), deceptive or misleading advertising, regulations specific to the products and services involved and/or rules of good faith in business relations (disparagement, unfair competition, passing-off);
• interferes with the integrity, functioning, availability and security of the site and its Services by means of IT fraud, introducing a virus, fraudulent collection of personal data and, in particular: (i) implementing any action liable to jeopardize or interfere with the correct functioning of OUR SITES site; (ii) accessing or attempting to access data that is not intended to be visualized by a user, or (iii) penetrating or attempting to penetrate a server or an account which users are not authorized to access, or (iv) by the massive dispatching of spams or other unsolicited, promotional information;
• without OUR SITESs express authorization, carrying out any framing or creation of mirror sites virtually replicating OUR SITES;
• using information concerning advertisers for inappropriate or illegal purposes such as unsolicited canvassing, proposing taking part in lotteries or sweeptstakes, or any action that does not comply with the regulations in force, including data protection regulations.
4.2 We furthermore hereby inform you that OUR SITES are not an on-line dating site. Any posting of advertisements for dating, whether direct or dissimulated, shall be strictly prohibited.
4.3 Use of OUR SITES and its Services is strictly prohibited to any prostitution rings and sects.
5. WARNING
5.1 It is recommended that all OUR SITES users take all necessary precautions at the time of using OUR SITES and the Services in order to ensure (i) the truthfulness of the identification information published by the other users of the site and/or the advertisers, and (ii) the quality, authenticity and lawfulness of the ads that can be visualized by means of the Services, in particular by consulting the opinions given concerning the users prior to any contact.
5.2 OUR SITES has put into place certain automatized control tools in order to ensure the limitation of the use of abusive or misplaced words or which are contrary to accepted standards of good behavior and laws and regulations in force and these GCU. However, the use of such tools does not constitute any warranty whatsoever on the part of OUR SITES with respect to (i) the truthfulness of the identification information published by a user on the site, (ii) the quality, authenticity and lawfulness of the ads posted on OUR SITES, or (iii) the absence or elimination of deviant behavior on the site.
5.3 You may report any abuse or non-complying use of the Services by sending an e-mail to OUR SITES ( see contact) . You hereby agree to use this functionality in good faith and shall not make any abusive, untruthful or defamatory report, which may be civilly and criminally sanctioned and entail your being temporarily or definitively struck from the OUR SITES and Services.
5.4 In any event, the withdrawal of the incriminated ad from the results of the search engine or the OUR SITES site or the blocking of access to the ad involved, to the extent that it would be technically possible, shall be within OUT SITESs sole discretion; in particular, OUR SITES shall take into consideration the reasons and justification of the user in support of his request for withdrawal or blocking in order to decide whether or not to follow up such request.
5.5 In case of a dispute, the parties hereto agree that the production by OUR SITES of the registrations on the site servers shall prevail.
6. LIABILITY
6.1 Excepting those articles published by us in our Blog (aside from user comments), ads, data and information posted and/or distributed on the OUR SITES site, as well as all third party sites and hypertext links relating thereto, are exclusively ads, data and information drafted by and/or under the control and editorial responsibility of third parties, including OUR SITES users, in that they result:
• either from third-party Internet sites, their posting on OUR SITES resulting solely from the search Service, or
• users of the advertising Service.
6.2 OUR SITES are therefore acting within the context of its Services merely as a search engine and/or hosting provider and in particular does not exercise any control, assume any liability or furnish any guarantee in relation with:
• the quality, conformity of the offer, lawfulness with respect to the laws and regulations in force or the suitability of the products or services proposed via the ads;
• the reliability, accuracy and lawfulness of any information contained in an ad, and whether it is up-to-date, whether or not relating to a service or product or the identification of the advertisers.
6.3 Consequently, you shall indemnify and hold harmless OUR SITES upon first request against any action for liability or claim by a third party, including another of OUR SITES user, against OUR SITES and resulting from a breach by you of these GCU, public policy and good morals and/or the laws and regulations in force.
6.4 You hereby state that you accept the features and technical limits of an on-line service and, more particularly, acknowledge:
• being aware of the hazards of on-line consultations, notably as concerns response time;
• that it is up to you to take all measures necessary in order to ensure yourself that the technical features of your computer allow you to access the site and its Services;
• being solely responsible for your Internet access and that it is up to you to take all appropriate measures in order to protect your own data and/or software from contamination by any viruses that may be on the Internet.
6.5 Consequently and absent any proved fault that is exclusively attributable to OUR SITES, we will not be liable for any damage sustained by you by virtue of the use of OUR SITES and its Services. OUR SITES shall in no event be liable for any consequential damages that may be sustained by a user, such as lost earnings, operating loss, loss of clientele and data, resulting from a possible malfunctioning, breakdown, delay or interruption in access to all or part of OUR SITES site and/or resulting from use of information obtained by means of the Services.
6.6 In any event, in the case where OUR SITES are liable for any fault that is duly proved and exclusively attributable to OUR SITES, its liability shall be limited to 150 euros.
7. DATA PROCESSING AND INDIVIDUAL LIBERTIES
7.1 OUR SITES collects personal data from the users of the site. The mandatory or optional nature of the personal data that is requested and the consequences if any of a failure to answer are specified at the time it is collected. The user is responsible for giving the information and OUR SITES will not be responsible for any inappropriate use of this information. The user can delete any personal records from our data base
7.2 All of the collected data may give rise to the exercise of the right of access, rectification and opposition for legitimate reason pursuant to the conditions established by LORTAD in SPAIN
8. INTELLECTUAL PROPERTY AND RIGHT TO ONES IMAGE
8.1 OUR SITES are the owners of all of the intellectual property rights connected to OUR SITES site, its trademarks, logos and domain names. Concerning the content of the OUR SITES Services, in particular and not limited to, the texts, images and sounds, such content may also be protected by intellectual property rights and/or rights to ones image or the right of privacy, which are either the property of OUR SITES or its licensors (including OUR SITES users), or the property of third parties. You hereby consequently agree to guarantee and hold harmless OUR SITES (as well as its directors and employees) against the consequences of any claim by third parties resulting from the violation by you of any intellectual property right, or rights to ones image and/or the right of privacy.
8.2 For the purposes of publication of your profile and your advertisements on OUR SITES, you hereby irrevocably, gratuitously and non-exclusively grant OUR SITES and authorize OUR SITES to sub-grant to any and all third parties, for the whole world, the rights to reproduce, display, adapt, translate, modify, temporarily or permanently post, store and distribute connected to the information protected by any intellectual property right, right to ones image and/or the right of privacy that you make available, publish or post on OUR SITES. You hereby represent that you dispose of the rights necessary to enable you to grant the rights herein and you undertake to indemnify OUR SITES for all expenses, damages, fees and other costs resulting from a complaint or action by a third party alleging breach of his rights.
9. TERM
These GCU shall become effective upon use of the any of OUR SITES and shall remain in effect throughout the duration of such use and, where applicable, your registration on OUR SITES site.
10. WITHDRAWAL - SUSPENSION - TERMINATION
10.1 You may terminate your registration on OUR SITES site at all times by following the deregistering procedure which is accessible from your personal space. Such deregistering shall be immediate upon definitive confirmation by you of your request to deregister and shall entail the immediate elimination of your access to your profile and all of the information and data appearing therein.
10.2 OUR SITES reserve the right, ipso jure and forthwith, to (i) refuse or limit your registration or delay its visibility on OUR SITES, (ii) limit, suspend or definitively end your registration on OUR SITES, (iii) take all technical and legal measures in order to prohibit you or all or part of the users, access to its Internet site and/or its Services, as well as (iv) temporarily or permanently render invisible or eliminate certain content hosted on its search Service or advertising Service, if it deems that your conduct or the conduct of all or part of its users breach these GCU, in particular Articles 3 and 4, or following a denunciation by a user or third party, or upon injunction of a legal authority. For security reasons, OUR SITES also reserves the right to cancel accounts that have not been confirmed within one week, or accounts that have been inactive for more than six months. In case of a decision to suspend your account, your profile and your advertisements shall not be visible on our site throughout the period of suspension.
10.3 OUR SITES also reserves the right to inform the competent authorities of any advertisement or offer of products or services, or attempt to offer products or services, which are contrary to public policy, accepted standards of good behavior and the laws in force.
10.4 The measures specified in Article 10.2 are without prejudice to full compensation of the loss that may be sustained by OUR SITES.
10.5 OUR SITES shall not be liable as a result of a decision to terminate, suspend or withdraw content which thereafter turns out to be unfounded as OUR SITES, acting as a search engine and/or host in connection with its Services, must comply with the legal obligations incumbent on it.
10.6 The reestablishment of your registration, your access to the Services and/or putting your content back on-line shall not be effective until following a finding that the conditions having led to the suspension or withdrawal have disappeared and you offer the guarantees necessary for your compliance with these GCU.
11. CONSEQUENCES OF THE TERMINATION OF CONTRACTUAL RELATIONS
11.1 You are hereby informed and acknowledge that at the termination of your registration, regardless of the reason, your profile and your advertisements shall no longer be visible on OUR SITES by the other users and your access to your personal space and all of the data appearing therein, including all of your correspondence exchanged with other users by the electronic and instantaneous messaging made available to you by OUR SITES shall be immediately deactivated.
11.2 OUR SITES can accordingly destroy the data of your account, without being liable with the exception of data relating to your identification, which data shall be maintained throughout the legal period imposed by law on hosting providers for maintaining such data, which period may be extended in case of a dispute and/or at the request of a legal authority. All of such data shall also be automatically destroyed at the end of such period.
12. MISCELLANEOUS
12.1 It is expressly agreed that these GCU can never be construed as creating a company, association, agency or representation relationship, or commercial agent relationship between OUR SITES and any one of its users. It is furthermore expressly agreed that no user may bind over OUR SITES in any manner whatsoever.
12.2 A user may not assign the GCU to any third party without the prior consent of OUR SITES, which failing this, reserves the right to terminate the GCU.
12.3 If any clause is found to be void, the remainder of this document shall not be affected by the nullity of such clause.
12.4 The fact that either one of the parties does not rely on any provision of the GCU shall not in any manner entail waiver of the benefit of such provision.
13. GOVERNING LAW – JURISDICTION
13.1 The GCU shall be governed by the laws of Spain.
13.2 Any disputes that may arise concerning the formation, interpretation or performance of the GCU which are not amicably
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