GENERAL TERMS AND CONDITIONS OF USE
The following document describes the General Terms and Conditions of Use that apply to www.domoh.com, website owned and operated by "HECARAN GESTION Y SERVICIOS S.L.", situated on Calle Mayor 12, Madrid, 28013, Spain, Tax Identification Number (Número de Identificación Fiscal) B-84096262, registered under the Mercantile Registry Office of Madrid (Registro Mercantil de Madrid), Volume (Tomo) 20.536, Folio 48, Sheet (Hoja) M- 363453.
HECARÁN GESTION Y SERVICIOS, S.L, reserves the right to modify the following General Terms and Conditions so they always follow the current applicable Law, jurisprudence, and market common practice.
For some services, the following General Terms and Conditions of Use may also be applied in combination with some Particular Terms and Conditions of Use, due to the specific nature of these services.
It is a pre-requisite for any User willing to use any of domoh.com services to agree and accept these General Terms and Conditions of Use. These conditions will always be those currently published online at the time of accessing the website, as well as those additional ones that may apply to a specific service.
2.- ACCESS CONDITIONS AND USE OF DOMOH.COM
Any individual accessing and using any domoh.com service becomes a User.
In general terms, there is no need to pre-register to start using domoh.com services.
Nevertheless, whenever registering is mandatory, it will be performed following the instructions shown on the service itself and/or on its Particular Terms and Conditions of Use.
3.- COPYRIGHT AND INDUSTRIAL PROPERTY
All contents, elements and information the User can have access to through domoh.com are protected by copyright and industrial property laws, trademarks, patents and domoh.com's owner's or associate third parties' copyright. Consequently, just by accessing that content, no User is entitled to alter, modify, exploit, reproduce or distribute it, nor to make it public or violate any other owner's right.
The User agrees that the Service is intended for personal use only, and accepts that no direct or indirect commercial use of it will be made.
- LIMITED WARRANTY. LIABILITY.
4.1 Availability and continuity of the service.
domoh.com can not guarantee the availability, access and continuity of work of domoh.com and its services.
Therefore, and always limited by current applicable Law restrictions, domoh.com will not be liable for damages or harm of any kind that could occur due to the lack of availability, continuity or access errors when using domoh.com or any of its services.
4.2 Service liability.
domoh.com will only respond and accept responsibility for those services and contents directly originated by domoh.com, which will always be identifiable under its copyright. No responsibility will be taken under any given force majeure situation, nor under any case where the User's equipment configuration doesn't meet the minimum requirements for domoh.com's online service to work properly.
In any case, domoh.com's eventual liability to the User for all concepts will always be limited to that same amount previously received by domoh.com from the User.This excludes any kind of liability due to indirect damage or loss of earnings.
4.3 Third Parties Contents and Services.
domoh.com does not previously screen, approve nor appropriate any of the contents, services, opinions, data exchange, files, products or any other kind of information coming from third parties, individuals or corporations, that can be found on the site. Domoh.com can neither guarantee whether or not these third parties' contents, information and services are lawful, reliable, useful, true, exact, exhaustive or updated.
domoh.com does not check for viruses or similar harmful elements on third parties' contents and services and, therefore, does not accept responsibility for any kind of alteration in the software system, nor User's electronic documents or files, that this eventuality may cause.
When using or hiring contents or services provided by third parties at domoh.com, no indirect or subsidiary liability will be accepted for damages or harm of any kind. Domoh.com will not take responsibility whenever these services happen to be not licit, reliable, useful, true, exact, exhaustive or updated.
Domoh.com shall not be liable for any damages deriving from circumstances including but not limited to a) the infringement of any intellectual or industrial right, as well as the total or partial breach of contractual obligations with a third party; b) any case of unfair competition or illegal advertising; c) User's expectations being disappointed or not appropriate as a result of using third parties' contents and services.
In case any virus or other harmful elements might be present on any third party's service or content, domoh.com will not accept indirect or subsidiary liability for damages or harm of any kind due to alterations in the software system, User's electronic documents or files.
The liability waivers aforementioned will be applied whenever domoh.com has no knowledge that both the activities or the stored information are non licit or damaging to any subject to indemnification third party properties or rights. In case this knowledge is present, the liability waivers will also be applied whenever domoh.com acts promptly to either delete or disable the access to those contents.
4.4 . Use of the service.
The User acknowledges and agrees to use the contents and/or services at their entirely own risk and responsibility.
The User agrees to use domoh.com, its contents and services, following the established Law, moral and public order, as well as these General Terms and Conditions of Use and any Particular Terms and Conditions of Use when applicable. The User also agrees to make proper use of both domoh.com services and contents, refraining from performing any illegal or criminal activities, those which infringe upon the rights of third parties and/or violate regulations governing intellectual/industrial property, as well as those which go against any regulation currently present in the Legal System.
The User agrees not to transmit, post, forward or make accessible to third parties any kind of material or information against the Law, moral, public order or these General Terms and Conditions of Use, as well as any Particular Terms and Conditions of Use when applicable. Including, but not limited to them, the User agrees to the following terms :
1. Not to post or forward any racist, xenophobic or pornographic content, nor any that makes an apology of terrorism or goes against established human rights.
2. Not to post or forward on or through the site any data program (viruses and other harmful software) which might eventually damage the computer system of the access provider, his providers or of any other user of the Internet.
3. Not to forward, transmit or make accessible to third parties any kind of information, element or content against those fundamental rights and freedoms stated both constitutionally and by International Agreements.
4. Not to forward, transmit or make accessible to third parties any kind of information, element or content that represents non licit or unfair advertising.
5. Not to transmit unsolicited or unauthorized advertisements, advertising material, spam, chain letters, pyramidal schemes or any other type of solicitation, except on those areas exclusively designed for that purpose.
6. Not to post or forward any false, ambiguous or non accurate information or content, so that might lead their recipients to misunderstanding or mistake.
7. Not to commit Identity Theft, using some other User's login information to access domoh.com contents and services.
8. Not to forward, transmit, or make accessible to third parties any kind of information, element or content that violates any of the site owner's or other third parties' intellectual/property rights, patents, trademarks or copyright.
9. Not to forward, transmit or make accessible to third parties any kind of information, element or content that violates either the privacy in communications or the current legislation on Personal Information Protection.
- LIABILITY WAIVER FOR THIRD PARTIES.
The User acknowledges and agrees that any contractual or non contractual relationship formalized with any advertiser or third party through domoh.com will exclusively be between the User and the aforementioned advertiser or third party.
Therefore, the User exonerates domoh.com from any kind of liability for damages or harm of any nature as a result of the Users negotiations, conversations and/or contractual or non contractual relationships with any given advertiser or third party (individual or corporation) contacted through domoh.com.
- PERSONAL INFORMATION & DATA PROTECTION
Before completing User Registry, the User must read the information regarding Privacy and Data Protection Policy.
- RIGHT OF EXCLUSION
Either after a third party's request or on its own consideration, domoh.com has the right, without previous notice, to deny or disable access to the site and/or to the provided services to any User not following these General Terms and Conditions of Use, or those Particular Terms and Conditions of Use when applicable.
As a general rule, any minor attempting to use any service at domoh.com must have been previously authorized to do so by their parents, tutors or legal representatives, who will assume responsibility for any action taken by the minor while at domoh.com.
- DURATION AND TERMINATION
Services and/or contents provided by domoh.com will have an indefinite duration. Notwithstanding the aforementioned, Domoh.com has the right to unilateraly stop, suspend or interrupt the service of domoh.com itself or any of its services, at any time and with no previous notice, disregarding whatever has been established about that eventuality on the Particular Terms and Conditions of Use.