Conditions générales d'utilisation - Conditions du Contrat

TERMS AND CONDITIONS OF USE OF THE SERVICE RECRUITMENT INSERTION OF ADVERTISEMENTS AND PROMOTIONS AT THE WEBSITE "VISITSITGES.COM"

1. - PURPOSE.

The purpose of this document is to establish the Terms of Use and the Special Conditions of the Contract Service for Inserting advertisements at “VisitSitges.com” website (hereinafter “Site”), owned by Visit Sitges (hereinafter VS ), located at Calle Jesús nº 50, Sitges (08870 Barcelona), Spain and email Cette adresse e-mail est protégée contre les robots spammeurs. Vous devez activer le JavaScript pour la visualiser.. VS reserves for itself, at all times, the right to amend unilaterally these Terms of Use and the Special Conditions of Contract in order to adapt them to the current legislation applicable at all times, a jurisprudential developments and best practices in the common market. Some of the services of the website, its characteristics, in addition to being subject to the Terms of Use, subtract also subject to and governed by its own Conditions. Use of the Website VisitSitges.com constitutes acceptance and adherence to all of our Terms of Use and our Privacy Policy. We encourage you to read carefully.

2. - ACCESS AND USE OF THE WEBSITE "VISITSITGES.COM"

User. Register. Using the Site. Acceptance of the general conditions and privacy policy with the use of any Service website attributes the condition of user of the Site. You must not use this website if you do not accept our privacy policy and our terms of use. As a general rule, access to the web services will not require user registration. However, the use of certain Services may be conditional and require prior registration, such registration shall be effected as expressly stated in the service or in the Particular Conditions, if any, may be applicable. You agree that use of the content and / or services offered by VS is at your sole risk and / or responsibility. The User agrees to use the Site and all its contents and services as provided by law, morality, public order, decency and these Terms of Use, and the Special Conditions in appropriate, are applicable. User also undertakes to make appropriate use of services and / or content of the website and not to use it for illegal or criminal purposes, which infringe the rights of others and / or violate the regulations on intellectual and industrial, or any other applicable law. Also, the User agrees not to destroy, alter, disable or otherwise, damage data, programs or electronic documents and other items found on the website VisitSitges.com. The User agrees not to obstruct the access of other users to access service through massive use of computing resources through which VS provides the service and actions that may damage, interrupt or generate errors in these systems. The User agrees not to transmit, insert, disseminate or make available to third parties any material and information (data content, text, messages, pictures, audio and video files, photographs, software, etc..) that are contrary to law, morality, public order and the General Conditions of Use and, if applicable, to the special conditions that apply. In addition, without limitation, not limiting or excluding, the User agrees to:

a. - No inciting illegal act

b. - Not to introduce or spread computer data programs (viruses and harmful software) susceptible to cause damage to the computer systems, its suppliers or third Users of the Internet.

c. - No spreading defamation, slander, libel and / or content or propaganda of a racist, xenophobic, that justifies terrorism or that violates human rights.

d. - No introduce, publish, transmit or make available to third parties any information or content element that undermines fundamental rights and public freedoms recognized in the Spanish Constitution, the law, and international treaties.

e. - Do not use robots, spiders, "scraper" or other automatic means to access the Site to copy, remove or publish content without prior written consent by VS

f. – Do not transmit unsolicited or unauthorized advertising, promotional materials, "junk mail," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as commercial areas) that have been designed exclusively for it.

g. - Do not diffuse, transmit or make available to third parties any information, element or content that constitutes unlawful or unfair advertising.

h. - Do not input or spread any false information and inexact content to mislead the recipients of the information.

i. - Do not impersonate other users using their usernames for different services and / or web content.

j.- Dodge, avoid or "jump" the measures used to prevent or restrict access to the web

k.- Do not diffuse, transmit or make available to third parties any information or content element that involves a violation of intellectual property rights, patents, trademarks or copyrights that apply to holders of the website or third parties.

l.– Do not diffuse, transmit or make available to third parties any information, element or content that involves a violation of the secret of communications and the law of personal data protection.

m.- Do not include in the website contents indicating or promoting sexual, racial, religious or any other breach of fundamental rights and freedoms recognized by law, that induce or incite illegal act or lead to mistaken conclusions for inaccuracy, omission or similar, that contain false or outdated; violating laws or regulations on privacy of communications, intellectual property, right to honor and personal privacy, or incorporating content, messages or violent or degrading products. People who want to receive periodically in your email address and information available promotions should have the status of "User Subscriber", which is acquired by completing and submitting the form on the web site. The periodicity of sending information and promotional offers will be deemed most appropriate in each time by the manager of the website. The Registered User consents to the acceptance of these conditions of use, receive all our newsletters with information, offers and promotions available.

3. - EXCLUSION OF WARRANTIES. RESPONSIBILITY

Availability, Continuity and Services at the Site

VS does not guarantee the availability, access and continuity of operation of the website and its services.

VS is not responsible, within the limits established in the law, of the damages caused to the user as a result of the unavailability, failure of access and lack of continuity of the website and its services.

VISITSITGES.COM Content and Services

VS is solely liable for the services provided by itself and content directly created by VS and identified with its copyright. Such liability shall be excluded in cases that are reasons of force majeure or in the event that the configuration of the user equipment is not adequate for the proper use of the Internet services provided by VS. In any case, the possible liability of VS in front the user for all items will be limited to a maximum amount of the sums that VS have received by user directly. VS will never be responsible for consequential damages or loss of profits.

VS is not responsible for the possible appearance of ads indexed in search websites alien to the Site, once they are discharged from our databases.

Third Party Content and Services

VS does not control or previously discussed, neither approve nor own the content, services, opinions, data communications, files, products and any kind of information from third parties, natural or legal persons, collected on the web. Similarly, VS does not guarantee the legality, reliability, usability, reliability, accuracy, completeness or timeliness of the content, information and services from third parties on the web.

VS does not control previously and does not guarantee the absence of viruses or other elements in the content and services provided by third parties through the Website that may introduce changes in the computer system, electronic documents or user files.

VS will not be responsible or liable, directly or indirectly or secondarily, for damages of any kind arising from the use and recruitment of the Content and the Services of third parties on the web and the lack of legality, reliability, usefulness , truthfulness, accuracy, completeness or timeliness thereof.

By way of example, and in no case limiting, VS is not liable for damages of any kind caused by:

1. - Infringement of intellectual property rights and defective performance or breach of contractual commitments by third parties;

2. - Performing acts of unfair competition or/ and illegal advertising;

3. - Inadequacy or/and failure of expectations of the Services and Content of third parties;

4. - The vices and defects of any kind of third-party services and content provided through the Site.

VS is not liable directly, indirectly or secondarily, for damages of any kind derivatives from the negligent or malicious use of the email accounts used for any kind of integration, communication, and performance management in the Site.

VS is not liable directly or indirectly or secondarily, for damages of any kind caused to the User as a result of the presence of viruses or other elements in the content and services provided by third parties which may cause alterations in the computer system, electronic documents or files from users.

User Conduct

VS does not guarantee that users use the contents of the Website and / or services of the same in accordance with law, morality, public order, or the General Conditions and, where appropriate, the specific conditions that may apply. It also does not guarantee the accuracy, completeness and / or authenticity of the data provided by the Users.

VS will not be liable, directly, indirectly or secondarily, for damages of any kind caused from the use of the Services and Content of the Site by Users or that may derivate from the lack of veracity, accuracy and / or authenticity of the data or information provided by users, or the impersonation of a third party by a User in any kind of activity through the Site.

By way of example, but not limitative, VS will not be responsible for:

1. - The content, information, opinions and statements of any user or third persons or entities that communicate or displayed through the Site;

2. - Damages caused to third parties caused by the use by the user of services and content offered;

3. - Damages caused by the lack of truthfulness, accuracy or inaccuracy of the identity of users and all information they provide or make available to other users;

4. - For damages caused by infringement of any user that affect the rights of other users or third parties, including copyright, trademark, patents, confidential information and any other rights of intellectual property.

Outsourcing it through the site visitsitges.com

You agree that any contractual or tort which, if any, executed with advertisers or third parties contacted through the Site, and participation in contests, promotions, sale of goods or services, are considered unique and made exclusively between you and the advertiser and / or third person. Consequently, the User and third accepted that VS does not have any responsibility for any loss or damage of any kind incurred as a result of their negotiations, conversations and / or contractual or non contractual with advertisers or third natural or legal persons contacted to through the website

Text links and graphic links

The Site offers customers (specially authorized to do so) technical link and search tools that allow users to access web pages owned by other entities (text links).

Duly authorized Customer acknowledges and agrees that the use of the contents of the linked websites is at your sole risk and responsibility and disclaims any liability to VS on technical availability of the linked websites, quality, reliability, accuracy and / or veracity services, information, elements and / or content that the client can access the same and the search directories included in the website.

VS will not be responsible either directly or indirectly, or alternatively for damages of any kind caused by:

1. - Operation, unavailability, inaccessibility and lack of continuity of the linked websites and / or available search directories;

2. - Lack of maintenance and updating of content and services contained on the linked websites;

3. - The lack of quality, inaccurate, unlawful, uselessness of the content and services of the linked websites.

4. - LAW AND JURISDICTION

All matters relating to the website are governed by Spanish law and are subjected to the jurisdiction of the Courts of Spain, with special submission to the Courts and Tribunals of the city of Barcelona.

5. - CHANGES

VS reserves the right to make any changes it deems appropriate, may modify, remove or include, unilaterally and without notice, new content and / or services and how they are presented and located.

6. - TERM AND TERMINATION

The provision of services and / or content of the website is indefinite. Nevertheless, VS is empowered to terminate, suspend or terminate unilaterally, at any time and without notice, the service and the Website and / or any of the services, without prejudice to what had been available about it in the corresponding conditions.

7. - RIGHT OF EXCLUSION

VS reserves the right to deny or withdraw access to the Website and / or services offered, without prior notice to himself or a third party, for those users who may be in breach of these Terms of Use and / or conditions particular, if any, are applicable.

8. - MINORS

To make use of web services, minors must obtain prior permission from their parents, guardians or legal representatives, who will be responsible for all acts performed through the web by minors at their charge. In those services expressly in point, access is restricted and limited exclusively to age 18 years.

9. - COOKIES

The site uses a third-party companies to collect information including the use of Cookies. Cookies may be used in order to facilitate the user's browsing the web, without that they provide references that allow the user's personal data or data on the hard drive of your computer. However, the user can set your browser to notify and reject the installation of cookies sent by the web, without affecting their access to the contents of it.

10. - SPECIAL CONDITIONS OF CONTRACT SERVICE ANNOUNCEMENTS VISITSITGES.COM WEB PAGE

10.1. – Special Conditions of Contract.

10.1.1. - This document also aims to regulate and establish the Special Conditions of Use and Online Recruitment AD Service (hereinafter the Service) provided by VS in visitsitges.com website.

10.1.2. - The recruitment and use of the Service represents and expresses the commitment and acceptance of the Advertiser to these Conditions of Use and engagement via Online the Service and the Terms of Use of the Site, which together constitute the Conditions documents general Contract governing the contractual relationship between the Advertiser and VS (hereinafter also referred to as GENERAL TERMS AND CONDITIONS). The Advertiser accepts as valid and fully effective recruitment via online the GENERAL TERMS AND CONDITIONS.

10.1.3. - In case of discrepancy between the General Use Conditions of Site and Special Conditions of Use and Online Contract Service shall apply the provisions of this last document.

10.2. - The service to be procured

10.2.1. - The Service consists of placing advertisements on the web VisitSitges.com.

10.2.2. - The Advertiser expressly agrees and authorizes VS reserves the right to disseminate in third sites, totally or partially, the advertiser's ads and on other websites, such as social networks, facebook, twitter or blogs, or in applications for mobile devices, smart phones ...

10.3. – How to proceed to contract the service

10.3.1. - To place ads on the website, the advertiser must have previously completed advertising contract announcement. After inserting your ad, if it complies with the rules visitsitges.com insertion, the user will receive a notification confirming the publication of your ad. If the ad does not meet the visitsitges.com insertion rules, the advertiser must modify the ad in order to conform to the requirements of VS.

10.3.2. - The ads will remain posted on the web for a continuous period of one year.

10.4. - Recruitment Ad Service

10.4.1. - Payment Terms: Advertisers must make payment of the contracted services by wire transfer or credit card, depending on the terms agreed. In any case, the service will not start until the correct reception of the payment receipt. 10.4.2. - The hiring of a special promotion service associated with a ad published in VS only will be operative for the duration of the promotion, and in no case will be an extension in the term.

10.5. - Rules Publication of notices

10.5.1. - The publication of ads on the web is subject to the following rules of publication; not higher than 200 KB.

10.6. - Responsibility

10.6.1. - The Advertiser acknowledges and agrees that the maximum liability of VS in front the advertiser is that might arise from the inclusion of ads on the website is one that could visitsitges.com generate if VS not insert the ad in the specified dates, or if the ad was not inserted in the manner and terms agreed, either for technical reasons or otherwise, or for any other cause, the maximum liability is limited to subsequent reintegration of the ad in a similar position and if this is not possible or if VS so decides, to refund of the portion of the price actually paid by the advertiser for the ad.

10.6.2. - In no event, and under no circumstances VS will not respond for other damages, whether actual, consequential, or otherwise, or for lost profits that might have suffered the Advertiser by the lack of timely publication and / or correct any ad.

10.6.3. - VS is not liable for delays, erroneous publication or for lack of publication of the ad that is caused by events or circumstances beyond its control, including assumptions of catastrophe and / or force majeure.

10.7. Advertiser. Manifestations. Guarantees. Allowances

10.7.1. - Placing advertisements on the web is done in consideration of the statements and warranties made by the Advertiser.

10.7.2. - The Advertiser has the right to publish the content of the ad, without violation of the law and any third party rights, including the rights of intellectual property. Advertiser shall be responsible to obtain all permits, public or private, and make all payments for the use of rights of intellectual property that are contained in the Ad. The Advertiser acknowledges that VS has agreed to undertake ad insertion on the basis of these statements and warranties.

10.7.3. - The advertiser and the ad, its content and any material from the Advertiser to which users can access through the ad in web visitsitges.com, meet current regulations on advertising, including by electronic means and online, as well as any other applicable law, and, in particular, concerning telecommunications, consumer and user protection, right to honor, privacy and reputation, and protection of children and childhood.

10.7.4. – The insertion of the ad on the website does not constitute a breach or violation of any legal and / or contractual obligation taken by Advertiser with third parties.

10.7.5. - The advertiser is solely responsible in front the web users and third parties both natural and legal, about the text, images, ... and information contained in the advertisement. Thus, by way of example and in no case limitative, VS will not be responsible or liable, directly or indirectly, for any damages of any kind that may result to the web users and / or third parties for the lack of truthfulness, accuracy and / or authenticity, legality of the data or information contained in the advertisement inserted.

10.7.6. - The Advertiser acknowledges and agrees that any contractual or tort executed with visitsitges.com web users or third parties contacted through the site, are considered made solely between the Advertiser and the web user and / or the third person. Consequently, the Advertiser agrees that VS has no liability, either directly or indirectly, on any damages of any kind caused to users of the website and / or third parties as a result of negotiations, talks and / or contractual relationships they formalize with the advertiser.

10.7.7. - In any case, the Advertiser agrees to indemnify VS immediately when is required to do so, for all costs, expenses, damages and losses of any kind (including attorneys' fees and solicitors, even if it’s speech is not mandatory) VS incurred as a result of any claims, actual or threatened, of any kind, caused by the publication or communication to the public of the ad or its contents, including those based on violation of rights of industrial or intellectual property, libel, defamation, breach of confidentiality, disclosure of secrets, breach of any statutory or regulatory duty and / or illegal, false or misleading.

10.8. - Right to amend and reject the ad by VS

10.8.1. - VS has no obligation to pre-screen the content of any ads, and any review or approval made by VS should not be considered as an acceptance that the ad meets the terms of the GENERAL TERMS AND CONDITIONS.

10.8.2. - VS reserves the right, exercisable at any time on a discretionary basis, to:

a. -) Reject any ad, the ad insertion order, or compromise location.

b. -) Remove any ad of the website or any of its pages.

c. -) Modify ad’s fields that do not comply with the rules of insertion site, all in order to give more quality to the site; according to the following limitations: VS can modify the spelling, VS can modify the category if the product has been misclassified, VS can delete photos if they are not correct or not appropriate to the ad, VS can also modify the title and the text of the ad in case it contains some of the words not allowed by the rules of titles such as insertion exaggerated tittles, exclamations, etc.. In all other cases, if the ad does not meet any of the rules of inclusion, will be rejected and sent an email / communication in which shall state the reasons for rejection and instructions to fix it.

10.9. - Miscellaneous

10.9.1. - VS also reserves the right to make unilaterally any changes it deems appropriate in GENERAL TERMS AND CONDITIONS, and in service prices, which will be valid for all purposes from the time VS determines.

10.9.2. - Prices of services for each of the procedures are set out in the relevant pages of the Site for each service and shall be valid during the time that they remain accessible to the user.

10.9.3. - In general, VS reports the Advertiser that VS will not file the electronic document formalizing the recruitment of the Service. Also VS advise that the recruitment procedure of the Service and any contractual documents governing the formalized relationship will be written in Spanish.

10.9.4. - The GENERAL TERMS AND CONDITIONS that govern the relationship between VS and the Advertiser will be applied from the beginning of the recruitment Online Service indicated in this document and to the end of the period of time for which has been hired ad insertion / s in any edition of VS

10.9.5. - The use and recruitment services are subjected to Privacy Policy of the website.

10.9.6. - VS warms that certain servers can store, a copy of pages viewed on the site by users. This action is carried out for the sole purpose of improving the speed of traffic from them.

10.9.7. - VS has available to its users complaint forms which can be obtained by directing your request to the attention of the Legal Department of VS to the following address: "Legal Department" Visit Sitges, calle Jesus nº 50, Sitges (08870 Barcelona - Spain)