1 LEGAL INFORMATION
Web address: Homeforhome.com
Address: 45 rue de Chabrol
75010, Paris, France
N° CEE: FR 575 320 007 83
2 CONDITIONS OF GENERAL USE FOR THE PORTAL HOMEFORHOME.COM AND INFORMATION FOR THE USER
TUKAZZA, SAS. (from hereon referred to as “HOMEFORHOME”) hereby declares the regulations of use for the free internet site Homeforhome.com
THE USER can access, print, download, and save the Conditions of General Use at any time. These conditions will be permanently accessible on the website through the link entitled Conditions of General Use.
Accordingly, HOMEFORHOME reserves the right to modify, without prior warning, the design, presentation and/or configuration of this website, for some or all of the services, and also the right to add new services.
In any case, HOMEFORHOME reserves the right to, at any time and without any need of prior warning, to refuse access to the site to those users who fail to comply with any of the general conditions or special conditions that apply to them.
The Conditions of General Use regulate the access and the use of the website services of homeforhome.com
The purpose of this POTRAL is to be a site for home exchanges via the Internet at a national and international level.
As such, HOMEFORHOME hereby puts a declaration regarding the internet users interested in the exchange of their accommodation through the website homeforehome.com
HOMEFORHOME will only make available to the rest of the users the dates and/or information pertaining to the USER when those dates and/or information do not infringe upon any law or legal stipulation stated in the Conditions of General Use.
HOMEFORHOME will be able to remove from the website any illegal contents without prior warning.
The USER recognises that technically it is not possible to ensure 100% availability of the website homeforhome. However, HOMEFORHOME will strive to mantain the availability of the website in the most constant form possible. Owing especially to factors involving maintenance, security and capacity, in the event of any absence of control of HOMEFORHOME (for example, because of anomalies in public networks of communication, electricity failures, etc.) brief anomalies or suspension of the services of the website may occur.
3.- Obligations of the Users in the Portal
THE USER promises to make a similar careful use of the services accessible from the website, subject entirely to the law and to the good customs and precedents set in the Conditions of General Use, and, if applicable, Special Conditions, in order to maintain the respect owed to the other users.
In general terms, the provision of the services does not demand any previous subscription or registration by the users. Nevertheless, HOMEFORHOME stipulates the use of some of the services utilized at the point of registration, for example, the selection of the indentifier (ID or login), and the password that the user promises to preserve and use with due care.
The use of the password is personal and untransferable, and also prohibited isp the disclosure and use of the password- even temporarily - to third parties. As such, the User must adopt any means necessary to ensure the custody of the password, avoiding any use by third parties. Consequently, the User is the only person responsible for the use made of his/her password, with total indemnity applying to HOMEFORHOME. In any case in which the User knows of or suspects the use of his/her password by third-parties, he/she must make HOMEFORHOME aware of this as soon as possible.
The said register will be executed in the form clearly indicated in the relevant service.
All the information provided by the User to the services must be true and exact. To these ends, the User guarantees the authenticity of all the data that is involved in the completion of the processes necessary for the subscription to the Services.
In this same way, it will be the responsibility of the User to maintain all the information made available to HOMEFOREHOME in a way that is permanently accurate and that corresponds to the true situation of the User at any time. In every case, the User will be the only person responsible for any false manifestations or inaccuracies that occur, and similarly any damage caused to HOMEFORHOME or to third parties by this information.
The User is obliged to respect the relevant laws and rights of third parties using the contents and services of the website. As such, the reproduction, distribution, transmission, adaptation or modification, by any means or in any form, of the contents of the website (texts, designs, graphics, information, data-bases, archives of sound and/or image, logos, etc.), and any other elements of this website, are strictly prohibited, unless prior permission from the appropriate bodies has been granted, or unless it is legally permitted.
As indicated, and without limit, the following are prohibited: the use of any abusive or slanderous contents that may affect other users or other people or companies; the use of pornographic contents or contents that infringe upon the laws for the protection of minors; the publicity for and the distribution of pornographic offers and products, or anything that may infringe upon the laws for the protection of minors; the harrassment or irritation of other users (especially through spam); the use of legally protected contents (i.e.: by the legislation relating to intellectual property, brands, patents, or models of use or aesthetic models) without having the right to it; the proliferation of publicity, offers, or the distribution of goods or services that are legally protected, so as to make or incite actions against free competition, including attempts to attact customers through means such as chain emails, snowballing, or pyramid selling.
The user is prohibited to engage in any of the following actions:
- The use of mechanisms, software or scripts in relacion to the use of the website.
- Blocking, over-subscription, modification or copying, when this is not necessary for the correct use of the services of the website. For example, content-copying software of any type similar to and including "Robot/Crawler" are not necessary for the correct use of the services of the website, and are therefore strictly prohibited.
- The dissemination, reproduction or public communication of the contents of the website HOMEFORHOME, of users or third-parites, without the previous authorisation of the rights holder.
- Any action liable to damage the functioning of the infrastructure HOMEFORHOME, especially actions capable of over-flowing the website.
- The illicit use of any of the material or information of the contents in the website are strictly prohibited by the terms of the Legal Conditions, and furthermore the particular conditions, which stipulate that in the case of any use in violation of the rights and interests of HOMEFORHOME, or its members and or third parties, it will be obliged to act against those in violation. Similarly, the contravention or incompletion of these aforesaid obligations and/or any other type of violation (including the introduction of difusion of viruses), damage, mis-use, over-flowing, deteriation, or impediment of the normal use of the material and information of the contents the systems of information or the documents, archives and all the class of content stored in any computer of HOMEFORHOME, of its members or of any user.
The user is aware of, and voluntarily accepts, that the use of the service is his/her sole and exclusive responsibility.
The user will respond to any damage or injury of any kind that HOMEFORHOME may suffer as a consequence to the incompletion of any of the obligations that are stipulated by the "Conditions of General Use", or by the law in relation to the Use of Service.
4.- Consent for the publication of the contents of HomeForHome.com
Through the publication of the contents in the homeforehome.com portal, the legitimate holder of the rights of the intellectual property of the published photographs expressly authorizes HOMEFORHOME to reproduce, distribute and publicly communicate the content by any electronic means, principally Internet and email, for every person, and without any time limit.
In this sense, the USER declares that he or she is the legitimate owner of any photographs posted on the website, with the correct rights for the publication of these photographs in the Portal homeforhome.com.
HOMEFOREHOME does not permit the insertion of contents that reduce the quality of the service. It prohibits the insertion of any contents that:
- May be illicit in terms of national norms, community or international norms, or any contents that may cause illicit activity or that violate the principles of good faith.
- Do not meet the parameters of quality set by HOMEFOREHOME.
- Attempt to violate the fundamental rights of the people, that can search for any weakness of the user, that fail to comply with the courtesy of the network, that harass or cause our users or third-parties to have negative opinions. Specifically, and in the said mode of any of the legal rights of third parties (although not limited only to the form stipulated by these rights); those that favour or promote the creation, mantainence and encouragement of businesses related to pornography, obscene material, or steps towards erotic contacts; contents that are related to clairvoyance, tarot, "science of the ocult", or any other related content; and, in general any contents that HOMEFORHOME may consider inappropriate for the users, and, especially, for any minors.
- And in general, any contents that violate the principles of legality, honour, responsibility, protection of human dignity, protection of minors, protection of public order, protection of private life, the protection of the consumer and the rights of intellectual and industrial property.
As such, HOMEFORHOME reserves the right to withdraw from the website any of the contents that are not considered to be appropriate to the characteristics and purposes of homeforehome.com.
HOMEFORHOME is unable to publish photographs if it does not stipulate these rights.
HOMEFORHOME cannot control each and every one of the published contents, and in such a way it cannot assume the responsibility for the contents.
In every case, the inserted and published contents are regularly revised in order to secure the principles of the quality of HOMEFORHOME as indicated by the norms set out here.
If advised of any inappropriate content in the website, please contact us through our service of Attention to the user: email@example.com
The users are the only persons responsible for obtaining any type of authorisation, permission or license, in the case of these being necessary for the creation and publication of any content.
Any user that inserts a content that contravenes the valid legality will assume the exclusive responsibility of the damages and consequences thus caused, therefore absolving HOMEFORHOME of any responsibility.
5.- Exclusion of guarantees and responsibility
Saving those cases expressly described in the Legal Conditions and the rest of the normative brand of the website, HOMEFOREHOME does not accept responsibility for the damages and injuries of any form that can result from an absence of accuracy, topicality, exhaustivity, and as such any errors or omissions of those that the information and service contents in this website could suffer, or that other contents that could be accessed, nor is any promise or duty assumed to verify or invigilate the contents or information.
As such, HOMEFORHOME does not guarantee the availability, continuity nor infallibity of the functioning of the website, and consequently, it excludes by the maximum means permitted by the current legislation, any responsibility for the damages and injuries of any form that can result from the availability or continuity of the functioning of the web site, and the services similarly authorized, as such any errors in the access of the distinct web pages or those from which, where applicable, the said services are available.
HOMEFORHOME does not assume responsibility for the contents, dates and/or information invested by the users of the website, nor for the external contents of the website available through links. Particularly, HOMEFORHOME does not guarantee that those contents will be true, nor that they will fulfill a determined aim, nor they they will be able to serve this aim.
HOMEFORHOME does not guarantee nor is it responsible for, in any case or circumstance, the following facts and contents, nor for any damages or injuries that could, in the case of them happening, arise:
- The illicit, negligent or fraudulent use, impersonation of a person or of a third party or any other violation of these general conditions, of the good faith, of the generally admitted uses, or of the public order, of the website, of its services and contents, by the USERS.
- The infringement or infraction of the current laws, uses, or customs with regards to the rights of intellectual property, industrial property, company or contractual secrets, the rights to privacy, honour, image, property, publicity or competition, between any third parties.
- For the reception, storage, obtaining, diffusion or transmission by the part of the USERS, of the contents of HOMEFORHOME.
6.- Links to pages of third parties
HOMEFORHOME includes inside its contents links to sites beloning to or administered by third parties, with the objective of facilitating access to information available through the Internet.
HOMEFORHOME does not assume any responsibility pertaining to the existence of the links of this site and contents that are situated outside of it, or of any other mention of the contents external to the site. Such links or mentions have a purpose that is exclusively informative and, in no case, implicate support, endorsement, commercialisation nor relation to anything between HOMEFORHOME and the persons or perpetrating entities of such contents or titles of the sites where they are found.
The precedents set by the Legal Conditions and the rest of the conditions of the web site will be governed by Spanish legislation.
For any legal issues or actions pertaining to the provision of the services and contents of HOMEFORHOME, and over the interpretation, application, completion or incompletion of what is established, HOMEFOREHOME and the USER, with strict resignation to any other jurisdiction that could correspond to them, are submitted to the jurisdiction of the courts and tribunals of Barcelona.
3 INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
Copyright © 2016 – TUKAZZA, SAS.- All rights
All rights of use are reserved.
This website is guided by and in compliance with Spanish law, and is protected by national and international legislation relating to intellectual and industrial property.
The texts, designs, images, databases, logos, structure, brand names and all other elements of this site are protected by the intellectual and industrial property rights of HOMEFORHOME, and/or third party title holders who have authorized their inclusion in the website through remittance of the form.
Any reproduction, transmission, adaptation, translation, modification, communication to the public, or any other use of all of any part of the content of this site, effected by any form of through any means, electronic, mechanical or other, is strictly prohibited unless previous written permission has been granted by HOMEFORHOME or third party title holders. Any infraction of these rights can result in extrajuridicial proceedings, or civil judicial proceedings, or any corresponding penal proceedings.
HOMEFORHOME does not concede any license of authorization of use of any class over its rights of intellectual and industrial property, or over any other property or right related with the Portal, the services, or the contents of the website.
The legitimacy of the rights of intellectual or industrial property corresponding to the contents invested by the users are under the exclusive responsibility of the users themselves.
In order to preserve the possible rights of intellectual property, in the case of any USER or third party becoming aware of any possible violation of their legitimate rights by introducing a determined content in the website, this USER or third party must provide a written notification of the said circumstance to TUKAZZA, SAS., S.L (Homeforhome), 45 rue de Chabrol, 75010, Paris, France, indicating:
- Information personally indentifying the interested title holder of the rights presumed to be infringed. If the reclamation pertains to a third party distinct from the interested party, the interested party must make this representative relation known.
- Indication of the contents protected by the rights of intellectual property and their location in the web.
- Documents accrediting the existence, ownership, and validity of the cited rights of intellecutal property.
- A declaration expressing that the interested party takes can account for the accuracy and veracity of the data and information provided in the notification that refers to this point.
4 DATA PROTECTION POLICY
1.- Information rights
The hereby stated policy of data protection regulates the access and the use of the services of the website www.homeforhome.com, (from hereon referred to as the "website") and as such HOMEFORHOME makes the uses of the site freely available to the users of the Internet interested in its services and contents (said users hereon referred to as the "Users".)
In conforming to the Organic Law (Ley Orgánica 15/1999), established 13 December, for the Protection of Personal Data (LOPD), TUKAZZA, SAS. as the title holder of the website, informs the user of the existence of data files of personal information created by HOMEFORHOME and under its control and responsibility.
HOMEFORHOME fulfils all critera of the current legislation relating to the protection of personal data, and is under its own obligations of confidentiality in relation to its activity.
If the user decides to register in homeforhome.com, he/she will be required to provide the data stricly necessary to ultimately fulfil the objective of our website, which is none other than that of facilitating, at the point of entry, the exchange of property.
To such effects, it is required that the users complete a form which includes their personal data. The treatment of this form will have the sole focus of obtaining these ends, and will always remain within the established norm.
The data that the user makes available to use will be incorporated into a file of personal data, that will be situated and duly inscribed within the Data Protection Agency (Agencia de Protección de Datos).
The personal data relating to the registered users that is made available through the form authorised and effected in www.homeforhome.com, is intended solely for specific use by HOMEFORHOME, with the following purposes:
- To enable the users the free access and search facility of the homeforhome.com database of properties that are available for exchange worldwide.
- To enable the users to create a profile in which they are able to publish photographs of their properties in order to exchange them.
- To enable the users to send and receive through email the property exchange proposals from other interested users.
- To enable the opinions and criticisms of the properties published in and publicly accessible through the Portal, alongside the opportunity to rate these properties.
- To enable the user to participate in the forums of the Portal
3.- Obligatory or optional nature of the information given by the user and the veracity of this data
The fields marked with an asterisk (*) in the registration form to be completed by the user are strictly necessary for the completion of their application, and in the remaining fields the inclusion of information is voluntary.
The User guarantees that the personal data given to HOMEFORHOME is true and as such the user takes on the responsibility of communicating any modification of this data.
The given data is adequate, relevant, and not excessive in relation to the legitimate and explicit fields, purposes and services of Homeforhome.com.
The User guarantees that all the personal information given is exact, up to date and corresponds with the current and veritable situation of the User. It corresponds to the user, and it is the obligation of the user to maintain, in every moment, the correct data, and the user is as such uniquely responsible for any inaccuracy or falsehood in the given data, or for any damages that could be caused to HOMEFORHOME or to third parties who wish to use the services offered by HOMEFORHOME.
4.- Consent of the User
In this way, the User gives his/her consent from the moment of registration, that the photographs of their property will be publicly visible to the rest of the users of HOMEFORHOME and within internet searches.
5.- Personal data given by minors
Those above the age of fourteen are able to register as users with Homeforhome.com without the previous consent of their parents or guardians. For minors below the age of fourteen years, the consent of their parents or guardians is required for the treatment of their personal data.
In no case will the personal data relating to the professional, economic or private situation of any other members of the family be obtained from an under-age minor without consent.
If you are a minor below fourteen years old, and you have gained access to this Websit without notifying your parents, you are not permitted to register yourself as a user.
HOMEFORHOME notifies the users that it has adopted the technical measures, that are organized, regulated and established, that guarantee the security of the personal data and that prevent its alteration, loss, unauthorised access or treatment, taking account of the state of the technology, the nature of the data stored and the risks that it may be exposed to, all of this conforming to the precedent established in the Legal Decree (Real Decreto 1720/2007), 21 December, passed by the regulating body for the development of Organic Law (la Ley Orgánica 15/1999), 13 December, for the protection of personal data and other processes of control for the security of the information systems.
9.- Cookies and IPs
HOMEFORHOME does not use "spamming" technologies, and will only use the data transmitted by the user through the electronic form authorized in the website or through email messages.
10.- Right of Access, Rectification and Cancellation of Data
45 rue de Chabrol
Alternatively, through email: firstname.lastname@example.org The email should indicate in the subject line the issue to which it refers.
The treatment of the personal data, and the sending of commercial communication through electronic means, are in accordance with the Organic Law (Ley Orgánica 15/1999), December 13, for the Protection of Personal Data (B.O.E. 14 December 1999 and with the Law 34/2002, of 11 of July), for the services of the Society of Information and of Electronic Trade (B.O.E. 12 July 2002), and is in accordance with their rules of development.
10.- Modification of the present Policy of Data Protection
HOMEFORHOME reserves the right to modify the current policy in order to adapt it to any legislative of jurisprudential changes.
11.- Applicable legislation