TERMS AND CONDITIONS FOR COMPANIES THANK YOU VERY MUCH FOR USING MALLORCA.HOST.
These Business Terms and Conditions ("Business Terms") apply to your access to the website, the products and services ("Products") of mallorca.host and their use for commercial purposes. Please read these terms and conditions carefully and contact mallorca.host if you have any questions. By creating an account for companies or by accessing or using our products, you agree to and are bound by these Terms and Conditions and our Privacy Policy. You also confirm that you have read and agree to the Terms of Use and our cookie policy. 1. use of mallorca.host a. Authorised use Use our products only if you are allowed to enter into a binding contract with mallorca.host and then only in accordance with these GTC and all applicable rights. When creating your mallorca.host account, you are obliged to provide truthful information. Children under 13 years of age are not allowed to use or access a commercial mallorca.host account. If you create an account on behalf of a company, organization or other entity, (a) the personal form of address applies to both you and the entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided with these terms and conditions and to bind that entity to these terms and to comply with them on behalf of the entity. Some of our products are offered in the form of software downloaded to a computer, mobile phone, tablet or other device. You acknowledge that we may automatically upgrade these products and that these terms and conditions apply to such upgrades. b. Our license to you We grant you a limited, non-exclusive, non-transferable and revocable license to use our products under these terms and our policies (including our Terms of Use).
2. YOUR CONTENT A. POST CONTENT
mallorca.host allows you to post content such as photos, comments, links and other materials. Anything you post or otherwise make available on our products is referred to as "User Content". All rights to the user content that you post on mallorca.host, as well as the sole responsibility for it, remain with you. b. Use of your content by mallorca.host and other users For the sole purpose of operating, developing, providing and using the Products, you grant mallorca.host and its users a non-exclusive, royalty-free, non-transferable, non-sublicensable, worldwide license to use, store, present, reproduce, suspend, modify, create derivative works from, perform and distribute your User Content on mallorca.host. Nothing in these terms and conditions shall restrict any other rights mallorca.host may have to user content, for example under other licenses. We reserve the right to remove or modify User Content at our sole discretion. This includes user content that we believe violates these Terms and Conditions or our policies. c. Storage of your contents After termination or deactivation of your account or if you remove user content from mallorca.host, we can back up, archive or check your user content for an economically reasonable period of time. mallorca.host and its users can store and continue to use, store, present, reproduce, pin, modify, derive, perform and distribute your user content that other users have stored or shared on mallorca.host. d. Your responsibility regarding your content i. Compared to mallorca.host and our community. mallorca.host offers you and other users a creative and positive place where you can discover things you like. To ensure that this remains the case, you undertake to adhere to our mallorca.host etiquette and our guidelines, in particular to our Terms of Use. Posting User Content that violates laws or regulations or any conduct that supports a violation of laws or regulations is prohibited. This includes the laws or regulations of your own industry and the advertising industry. You are responsible for User Content and Third Party Content posted on your Pin Boards and you represent and warrant that User Content and Third Party Content on your Pin Boards comply with all applicable laws and regulations. Except as expressly provided herein, our products may not be used, modified, reproduced, distributed, sold, licensed or otherwise used without our permission. ii. mallorca.host recognises the rights of third parties and other content owners and expects the same from you. User content that you post on mallorca.host must therefore comply with all legal provisions and must not infringe the rights of third parties. e. Feedback from you We look forward to hearing from our users and are always interested in ways to further improve mallorca.host. If you submit comments, ideas or feedback, we are entitled to use them without restriction and free of charge. With your submission, mallorca.host does not waive its right to use similar or related feedback already known to mallorca.host, developed by its staff or submitted by others.
3. TOOLS FOR WEBSITE OWNERS
a. Website functions We offer products that websites and developers can use to offer their users mallorca.host functions and functionality, such as the buttons "Pin it" and "Follow" ("Website functions"). These website functions may only be used as described by mallorca.host and in accordance with our guidelines, in particular the brand guidelines. Website functions may not be placed on or used by any service whose or whose content would violate these Terms and Conditions if presented on our products. The mallorca.host functions and functionality offered by our website functions are offered exclusively via our website functions, unless otherwise approved by mallorca.host. b. Permissions i. By including website functions in your website or service, you agree that mallorca.host collects information about you and the users of your website in accordance with our privacy policy. You also agree that mallorca.host will automatically analyse your website or service when website functions are added. ii. Some website features allow content to be posted or made available in our products. By using these website functions, you grant mallorca.host and its users the right to use this content as described in section 2(b). No conditions in this section restrict any other rights to user content held by mallorca.host.
4. COPYRIGHT DIRECTIVE
mallorca.host has created and implements a copyright policy under the Digital Millennium Copyright Act and other applicable copyright laws. For more information, please see our Copyright Policy.
5. Security
The safety of our users is important to us. Although we strive to protect your content and your account, mallorca.host cannot guarantee that unauthorised third parties will not succeed in breaching our security measures. We ask you to keep your password safe. Please notify us immediately if you discover that the security of your account has been compromised or accessed without authorization. For accounts that you have set up on behalf of a company, organization or other entity, it is up to you to ensure that the accounts are only accessible to authorized persons.
6. LINKS, WEBSITES AND SERVICES OF THIRD PARTIES
Our products contain links to websites, advertisers, services, special offers or other events or activities of third parties as well as advertisers that do not belong to mallorca.host and are also not controlled by mallorca.host. mallorca.host does not support the websites, information, materials, products or services of these third parties and assumes no responsibility for them. Access to the website, the service or the content of third parties is at the user's own risk and mallorca.host is not liable for access to or use of third party websites, services or content.
7. TERMINATION OF CONTRACT
mallorca.host may terminate or suspend this license at any time with or without cause and without prior notice. In the event of termination, you will continue to be bound by Sections 2, 3 (b) and 7-13 of these Terms.
8. INDEMNIFICATION
You agree to indemnify mallorca.host and its officers, directors, employees and agents against all claims, actions, lawsuits, disputes, claims, damages, losses, costs and expenses. This also includes reasonable attorneys' and accountants' fees, in particular costs for the defence of claims, actions or legal proceedings brought by third parties regarding (a) your access to or use of our products, (b) your User Content or (c) your violation of these Terms.
9. DISCLAIMER OF LIABILITY
The products and the contents therein are provided "as is", i.e. without additional warranties, express or implied. mallorca.host expressly disclaims all other warranties and conditions of merchantability, fitness for a particular purpose, non-infringement of intellectual property rights, and warranties arising from regular conduct, commercial use or merchantability. mallorca.host assumes no responsibility or liability for user content that you, another user or a third party post or transmit using our products. You acknowledge that you may be confronted with User Content that is false, offensive or unsuitable for minors or otherwise unsuitable for your purposes.
10. LIMITATION OF LIABILITY
mallorca.host shall NOT BE LIABLE FOR INDIRECT, ACCIDENTAL, SPECIAL FRAMEWORK ALLOWED BY THE LAW, CONSEQUENTIAL OR EXEMPLARY DAMAGES NOR FOR THE DIRECT OR INDIRECT LOSS OF PROFITS OR SALES, LOSS OF DATA, LOSS OF USE, LOSS OF GOODWILL OR OTHER INTANGIBLE ASSETS. the total liability of mallorca.host for all claims related to the products is in any case limited to one hundred euros (100 €) or the amount paid by you in the last three months for the products to mallorca.host. In the event that any claim, dispute or controversy relating to mallorca.host or our products cannot be settled under the applicable laws or for any other reason, you and mallorca.host agree that any claim or controversy relating to mallorca.host will be settled exclusively in accordance with section 12 of these Terms.
11. ARBITRATION
In the event of disputes with mallorca.host, you agree to contact mallorca.host first in order to settle the dispute out of court if possible. If this is not possible, we hereby agree to settle all claims, disputes or disputes arising out of or in connection with these GTC (excluding injunctive and equitable relief) in a binding arbitration by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes in force at the time, unless otherwise agreed in this document. Unless otherwise agreed with mallorca.host, the arbitration will be conducted in your country of residence. All costs of the AAA application, processing and arbitration fees shall be borne by the respective party in accordance with the provisions of the AAA. mallorca.host is, however, prepared to pay your application, processing and arbitration fees within reasonable limits, provided that your claim for damages does not exceed $75,000 and is not unjustified in accordance with the standards set forth in the Federal Rule of Civil Procedure 11(b). The award of the arbitral tribunal shall include the costs of the arbitral proceedings, reasonable legal fees and reasonable costs for experts and other witnesses. The decision of the proceedings by an arbitrator may be submitted to any competent court. Nothing in this article shall prevent the parties from taking legal action with respect to data security, intellectual property or unauthorized access to the Service in respect of injunctive or other equitable relief. All claims must be brought by the parties in person and not as principal or joint plaintiff in a class action, class action or class action; a summary of claims of several persons by the arbitral tribunal is excluded, unless both parties agree to this step. By agreeing to these terms and conditions, you agree that you and mallorca.host waive the right of a jury trial or participation in a class action.
12. APPLICABLE LAW AND JURISDICTION
These GTC shall be governed by Spanish law without regard to conflict of laws rules. Both parties agree to the jurisdiction of the Spanish National Court, Palma de Mallorca, with respect to all actions which are not the subject matter of Section 11 (Arbitration).
13. GENERAL CONDITIONS
Notification procedures and changes to these GTC mallorca.host reserves the right to determine the form and route in which notifications will be sent to you. Legal documents may also be served electronically. These terms may change from time to time, but the current version will always be available on our website. We will notify you of any changes that we believe to be material. By continuing to access our products after the changes are posted and used, you agree to the changed terms. If you do not agree to them, you may no longer use our products. Assignment These conditions and the rights and licences granted under them are not transferable by you and cannot be assigned to another party, but may be assigned by mallorca.host without restriction. Any attempted transfer or assignment in violation of these Terms and Conditions is null and void. Entire Contract/Severability Clause These GTC, the Privacy Policy and any other additions you agree with mallorca.host regarding the Products constitute the entire agreement between you and mallorca.host regarding the Products and supersede any previous terms you had with mallorca.host regarding the Products. If any provision of these GTC is found to be invalid, it will be limited or annulled as necessary and the remaining provisions of these GTC will remain in full force and effect. No waiver No waiver of any of these terms shall be deemed a waiver of this or any other provision in principle or in continuation. Failure by mallorca.host to exercise any right or provision under these Terms shall not constitute a waiver of such right or provision. mallorca.host is a worldwide service. Any reference to mallorca.host in these terms and conditions includes mallorca.host. For users resident in the United States, these General Terms and Conditions constitute a contract with mallorca.host registered in Spain / Mallorca at the following address: Daniel Kamp, NIE: x8921359G Carrer Sa Madona 50 / 07183 Costa de la Calma
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