GENERAL TERMS OF USE OF THE WEBSITE
www.vivoymalaga.es
This website, Vivoy, is owned by Pablo Salas de la Borbolla, with ID number 61215514W, residing at Calle Esperanza, 7, 29012 – Málaga, Spain, and email address vivoy.malaga@vivoymalaga.es (HEREINAFTER THE OWNER). It provides certain informational content about its activities on the website www.vivoymalaga.es. These general terms and conditions govern exclusively the use of THE OWNER’s website by USERS who access it. These general conditions are presented to the USER on the website www.vivoymalaga.es on each and every page, so that they may read, print, save, and accept them online and be fully informed.
Access to THE OWNER’s website implies unconditional acceptance of these general terms of use, which the USER declares to fully understand. The USER agrees not to use the website and the services offered on it to carry out activities that are contrary to the law and to comply with these general terms at all times.
FIRST – CONDITIONS OF ACCESS AND USE
1.1.- The use of THE OWNER’s website does not require USER registration. The conditions of access and use of this website are strictly governed by current legislation and the principle of good faith, with the USER agreeing to make proper use of the website. All actions that violate the law, the rights, or the interests of third parties—such as the right to privacy, data protection, intellectual property, etc.—are strictly prohibited. THE OWNER expressly prohibits the following:
1.1.1.- Carrying out actions that may cause any type of damage to THE OWNER’s systems or to third parties, either on the website or through it by any means.
1.1.2.- Carrying out any type of advertising or commercial information activity, whether directly or covertly, without proper authorization, including sending mass emails (“spamming”) or sending large messages with the purpose of overloading network servers (“mail bombing”).
1.2.- THE OWNER may interrupt access to its website at any time if it detects usage that is contrary to the law, good faith, or these general terms and conditions – see Clause Five.
SECOND – CONTENTS.- The contents included on this website have been created and incorporated by:
2.1.- THE OWNER using both internal and external sources, in such a way that THE OWNER is only responsible for the content created internally.
2.2.- THE OWNER reserves the right to modify the contents of its website at any time. THE OWNER does not guarantee nor is responsible for the proper functioning of links to third-party websites that may appear on www.vivoymalaga.es. Furthermore, through THE OWNER’s website, both free and paid services offered by unrelated third parties are made available to the user, and these will be governed by their own specific terms and conditions. THE OWNER does not guarantee the truthfulness, accuracy, or timeliness of the content and services provided by third parties and is expressly exempt from any liability for damages that may result from inaccuracies in such content and services.
THIRD – LIABILITY.-
3.1.- THE OWNER shall under no circumstances be held liable for:
3.1.1.- Failures or incidents that may occur in communications, deletions, or incomplete transmissions, such that the continuous operation of the website’s services is not guaranteed.
3.1.2.- Any type of damage that USERS or third parties may cause to the website.
3.1.3.- The reliability and accuracy of information entered by third parties on the website, whether directly or through links. THE OWNER will cooperate with and notify the competent authorities of such incidents as soon as it has reliable knowledge that the damages caused constitute any type of unlawful activity.
3.2.- THE OWNER reserves the right to suspend access at its discretion, without prior notice, either temporarily or permanently, until effective responsibility for any potential damages is established. Likewise, THE OWNER will cooperate with and notify the competent authorities of such incidents as soon as it has reliable knowledge that the damages caused constitute any type of unlawful activity.
FOURTH – COPYRIGHT AND TRADEMARK.- THE OWNER’s website—including its original content, programming, and design—is fully protected by copyright, and any reproduction, communication, distribution, or modification of these protected elements is expressly prohibited without the prior written consent of THE OWNER. Both graphic and written materials submitted by users through the means provided on the website remain the property of the user, who declares their legitimate authorship upon submission and grants reproduction and distribution rights to THE OWNER.
FIFTH – JURISDICTION AND APPLICABLE LAW.- These general terms and conditions are governed by Spanish law. The courts of Spain shall have jurisdiction to resolve any dispute or conflict arising from these general conditions, with the USER expressly waiving any other jurisdiction that may apply.
SIXTH.- In the event that any clause of this document is declared null and void, the remaining clauses shall remain in effect and shall be interpreted in accordance with the intent of the parties and the overall purpose of these terms and conditions. THE OWNER may choose not to exercise any of the rights or powers granted in this document, which shall in no case imply a waiver of such rights unless expressly acknowledged by THE OWNER.