GENERAL CONDITIONS OF USE OF THE WEBSITE
This website Overfly Tenerife com is owned by Gustavo Lezcano Moiraghi Candioti, with DNI 49947399R, domiciled in Calle Hermano Pedro, 70 Bajo 4, 38628 – Aldea Blanca (Santa Cruz de Tenerife), and with e-mail [email protected] (herinafter referred to as THE OWNER) makes available on its website www.overflytenerife.com certain information content about its activities. These general conditions govern solely and exclusively the use of the website of THE OWNER by the USERS who access it. These general conditions are stated to the USER on the website www.overflytenerife.com on each and every page, for you to read, print, file and accept through the internet and be fully informed. The access to the website of THE OWNER implies without reservation the acceptance of the present general conditions of use that the USER affirms to understand in its entirety. The USER undertakes not to use the website and the services offered therein to carry out activities contrary to the law and to respect at all times these general conditions.
CLAUSE 1.- CONDITIONS OF ACCESS AND USE
1.1.- The use of the website of THE OWNER, does not entail the obligation of registration of the USER. The conditions of access and use of this website are strictly governed by current legislation and by the principle of good faith, the USER committing to make good use of the website. All acts that violate the legality, rights or interests of third parties are forbidden: right to privacy, data protection, intellectual property, etc. EXPRESSLY THE OWNER prohibits the following:
1.1.1.- Perform actions that may produce on the website or through it by any means any type of damage to the systems of THE OWNER or third parties.
1.1.2.- Carry out, without due authorisation, any type of advertising or commercial information directly or covertly, sending mass mailings (“spamming”) or sending large messages in order to block servers from the network (“mail bombing”/“denial of service attacks”)
1.2.- THE OWNER, may interrupt at any time access to its website if it detects a use contrary to legality, good faith or these general conditions – see Clause 5.
CLAUSE 2.- CONTENTS.-The contents included in this website have been prepared and included by:
2.1.- THE OWNER using internal and external sources in such a way that THE OWNER is only responsible for the contents provided internally.
2.2.- THE OWNER reserves the right to modify at any time the existing contents on its website. THE OWNER does not assure nor is responsible for the proper functioning of the links to third party websites that appear on www.overflytenerife.com. In addition, through the website of the OWNER, free and paid services offered by third parties are made available to the user and will be governed by the particular conditions of each of them. THE OWNER does not guarantee the veracity, accuracy or timeliness of the contents and services offered by third parties and is expressly exempt from any type of liability for damages that may arise from the lack of accuracy of these contents and services.
CLAUSE 3.- RESPONSIBILITY.-
3.1.- THE OWNER will in no case be responsible for:
3.1.1.- Failures and incidents that may occur in communications, deletion or incomplete transmissions. There is no guarantee that the services of the website are constantly operational.
3.1.2.- The production of any type of damage that the USERS or third parties may cause on the website.
3.1.3.- Of the reliability and veracity of the information entered by third parties on the website, either directly, or through links. THE OWNER will collaborate and notify the competent authority of these incidents at the moment in which he has reliable knowledge that the damages caused constitute any type of illegal activity.
3.2.- THE OWNER reserves the right to suspend access without prior notice in a discretionary manner and with a definitive or temporary nature until the effective liability for any damage that may occur. Likewise, THE OWNER will collaborate and notify the competent authority of these incidents at the moment in which the USER has reliable knowledge that the damages caused constitute any type of illegal activity.
CLAUSE 4.- COPYRIGHT AND TRADEMARK.- THE OWNER’s website – its own contents, programming and website design – is fully protected by copyright, and reproduction, communication, distribution and transformation of the referred protected elements is forbidden without the express consent of THE OWNER. Both graphic and written materials sent by USER´s through the means made available on the website are the property of the USER who states when sending them of their legitimate authorship and transfers the rights of reproduction and distribution to THE OWNER.
CLAUSE 5.- JURISDICTION AND APPLICABLE LAW.- These general conditions are governed by Spanish law. They are competent to resolve any controversy or conflict arising from these general conditions, the USER expressly waiving any other jurisdiction that may correspond.
CLAUSE 6.- In the event that any clause of this document is declared null, the other clauses will remain in force and will be interpreted taking into account the will of the parties and the purpose of these conditions. THE OWNER may not exercise any of the rights and powers conferred in this document which will not imply in any case the waiver of the same unless expressly recognised by THE OWNER.