At the moment the Portal Administration (further “Avitan”, “Portal”, “we”, “us”, “our”) provides you the right to use the database of AVITAN under the conditions which are the subject of the current Agreement. In this case you should carefully look through all the conditions of current Agreement.
AVITAN provides online platform that unites the users who create the adverts about the property available for booking for the Guests and other Users (these terms are defined below) to those who wish to book or buy the property. The Present Agreement gives you the right to cooperate with the data base yourself and to add there information, delete and edit it in automatic way without the participations of the site managers.
DON’T SIGN THIS AGREEMENT IF YOU:
· didn’t reach the age of 18;
· are temporary incapable;
· are not aware of the impact and implications of your actions according to the conclusion and pursuant of the Agreement;
· didn’t look through the conditions of present Agreement or didn’t understand them;
· disagree with the conditions of the present Agreement;
· have no power to act on behalf of another person, which contact you have pointed when registering at the Portal.
1. The main terms and definitions of the Agreement.
Administration – legal person, the owner of the Portal.
The permanent address – http://avitan.es
User – the individual, legal person, who has the access to the web-resource via Internet registering his Account at the Portal.
Guest – individual, legal person who has an access to the web-resource via Internet without registering his Account at the Portal.
Portal – Internet platform for posting the adverts AVITAN.
User agreement – the agreement that regulates the relations between the Administration and User where the conditions and procedure of Portal’s use are defined ( further “Agreement”, “Present Agreement”)
Account – user’s account which is formed during the registration at the site and allows the Administration to identify every User by his unique log in and password. The User creates the Log in and password personally during the registration to have the access to the account and has a right to change them.
Content – the elements of Portal’s design, video, photos, graphic images, scripts, software, sounds and other objects rights to which belong to Administration, Users, Partners of Administration and other individuals.
User Profile – Portal’s section which contains the part of content published in the Account. This information is available for other Users.
The tariff list – the current range of options which defines the amount of compensation from Administration according to the present Agreement includes the name of the tariff and prices. The tariff list is the Application № 1 of present Agreement; you can find it here http://avitan.es/tariffs/
2. General provision
2.1. User agreement regulates relationship between the Administration of Portal and User, which appears while using the Portal and providing the service by Administration of Portal to the User.
2.2. The current wording of User agreement is placed on the web-version http://avitan.es/about/terms-of-use.php
3.1. By accepting this Agreement you also agree that when you place the ads on Portal AVITAN or use the Portal in any other way you approve that you have looked through the present Rules, understand and will follow them. If you don’t accept or don’t agree with the present Rules on behalf of the company or other legal person, you guarantee that you have to create the circumstances for such company or other legal person according to the present Rules of the Portal and in such a case all the circumstances related to you will also relate to such a company or other legal person.
The administration reserves the right to change/edit the Rules by its discretion any time without advance/late notification of the User.
3.2. When registering your Account on the Portal the User must provide only reliable information (surname, name, contact details) To access the User chooses the unique log in and password. This data is personal and considered to be the confidential information except for the cases which are stipulated by the present legislation or/and the present Agreement.
In the case of fraud and/or the implementation of other illegal actions with account from the third side, due to the loss of the password the User holds the total responsibility.
3.3. When accepting the Agreement and placing the data in your Account and/or Profile, the User consciously agrees that the following information will be available for other Users via the open Profile and also for processing the personal data by the Portal’s Administration.
3.4. The Personal information which is specified by the User when registering is processed by the Administration in order to perform the Conditions of present Agreement and provide the services to the User by the Portal.
3.5. After registration the User has a right to fill it in with Content, to place ads, add materials according to the provided functions and use other rights provided by the Administration abiding by the terms of the agreement.
3.6. Any Content use by the User which is posted on the Portal by other Users or the Administration is allowed within the Portal functionality following the limit requirements which can be identified by the Owner. At the same time the signs of the authorship or other notifications about the author should be saved.
3.7. The Administration provides the work of the Portal 24 hours a day, however the number of breaks connected with the technical problems or preventive works is possible.
4. The terms and duties of Portal’s Administration.
4.1. The Portal’s Administration is not responsible for information which is posted in the User’s ads.
4.2. The Administration has all necessary rights for the Content of Portal: programs, database, information materials, graphics, brand name, trademarks, logo and other insignia.
4.3. The Administration of Portal is entitled: to keep administration of the Portal; reorganization; restriction of User’s access to the Portal etc.
4.4. Administration measures the value of service and Tariffs of the Portal itself.
4.5. The Administration decides on the stacking order of advert on the Portal and its cost.
4.6. The Administration defines the participation in the affiliate programs.
4.7. The Portal’s Administration has a right:
4.7.1. To add or change the software, service application, Content and other objects which are stored or used on the Portal.
4.7.2. To change the Portal design and its Content any time with notification of User or without.
4.7.3. To provide paid services to User;
4.7.4. To delete any information or Content at its discretion without notification if it violates the legislation of Spain, Rules of Agreement, rights of other Users or third person which makes harm or threatens the security;
4.7.5. Temporary restrict or block the access to any site page any time without giving a reason, with notification or without;
4.7.6. To delete User’s Account (if the User didn’t follow the User Agreement or violated the legislation of Spain);
4.7.7. To delete the User’s Content in the case of systematic complains if Guests and Users of Portal don’t receive the replies on the applications for booking the property.
5. Terms and duties of Portal User
5.1. The User has a right:
5.1.1. To create and configure The Account and Profile, to change log in and password;
5.1.2. To provide the true personal information in the Account;
5.1.3. To place the ads for sale and rent of property on the Portal;
5.1.4. To place the advert, that is not in contrary to the legislation of Spain and the points of User Agreement.
5.1.5. To perform other actions related to the use of the Portal and are not prohibited by the legislation of Spain or the User Agreement.
5.2. The User of the Portal must:
5.2.1. Provide only the true personal information when registering the Account and the Profile;
5.2.2. Provide only true information in the advert.
5.2.3. Reply to the Guests and Users of Portal in the timely manner (within 24 hours).
5.2.4. Take all the necessary measures to ensure confidentiality of log in and password.
5.2.5. Notify the Administration about all illegal, offensive, defamatory actions which are committed towards the Portal etc.;
5.2.5. Follow the Rules of giving announcement on the Portal, that are placed here http://avitan.es/rules/
6. The Portal User is forbidden
6.1. To collect the personal information of other Portal Users;
6.2. To copy information places on the Portal;
6.3. To use any ways of collecting information placed in property database AVITAN;
6.4. To promote social, race, national or religious discrimination, war or violence propaganda;
6.5. To post confidential information of third person on the Portal without their official permission;
6.6. To copy the Content of other Portal Users without their permission.
6.7 To copy, change, sell, and disseminate the Portal Content without Portal Administration approval.
6.8. To place the Content on the Portal, not having necessary rights and/or without approval of the owner.
6.9. Downloading the Content to the Portal the User approves that he received the permission and approval of the third person and owners for this action and that this action doesn’t violate their rights and interests.
6.10. To post the materials on the Portal that contain the threatens, violence promotion, committing of illegal, anti-social or immoral actions, committing any other actions that are in contrary to the principles of public order and morality as well as insults, discredits other Users and other people or maybe be regarded as such;
6.11. To post pornographic materials or the links to web-sites of such kind;
6.12. To post the materials on the Portal that can damage the honor, dignity and business reputation of a person or business reputation of the company;
6.13. To use offensive language on the Portal;
6.14. To register more the 1 Account by a person;
6.15. To carry out hacking attempts, unauthorized access to the Portal's management, other Users Accounts;
6.16. To carry out a mass mailing of commercial, political, advertising or any other information to Portal Users without their prior permission.