This legal statement set forth and regulates the general terms and conditions of use relating to the application which is under the responsibility of TouristEye S.L. (hereinafter referred to as TouristEye), with legal domicile in Alberto Aguilera 70, 4 dcha, 28015 Madrid (Spain), registered in the Companies House of Madrid in the volume 27483, folio 1, section 8, page 495218 and with the Spanish Tax Identification Code Nr. B-85882975. Business e-mail: email@example.com
The User undertakes to use the Website, the Services, Contents and these General Conditions in accordance with the Law, the moral, the respectability and the public order. The User is required to use the Website, the Services and Contents with a conscientious, well-mannered and lawful behavior.
TouristEye is an application devoted to trips where the user has the chance of exchanging information, providing new tourist data or planning trips.
TouristEye is not a travel agency. Those services which imply the booking of accommodations, flights or transport are always provided by third companies that are promoted in this application. In case of booking any kind of accommodations or transport through those ones by using the online links present in the application, the user will be subject to their general terms and conditions and TouristEye will remain in any case out of the relationship between the traveler and the travel agency.
TouristEye is not liable for the conditions or services provided by third companies which are promoted in the application, and so is not for the information regarding timetables, prices or places to be truthful, given that the majority of these date is provided by other Users and therefore is not contrasted.
The utilization and use of the application will be carried out in any case in accordance with the provisions of the Spanish law.
The use of the services provided by the website requires the User to be, at least, 14 (fourteen) years old.
The participation in the services offered by TouristEye of people under 14 years old will not be allowed on no account or without exception, even through the use of a correctly registered user (above, at least, 14 years old).
The download and register as a user and in the community, and the use of the application is in any case free of charge.
The User is the sole responsible for the information and content present in its personal profile and for the veracity of them. TouristEye doesn't have the ability to confirm the identity of each user.
Obviously, TouristEye doesn't have the capacity to control that information comprehensively, though it uses as many means as possible in order to reach that point. In case that TouristEye was aware or had the slightest indication of a User's infringement regarding the provisions of these Terms and Conditions or the lawfulness in force, through personation as an example, it will proceed to cancel his/her account immediately and it would proceed, in that case, to report such activity to the proper authorities.
The User undertakes to use the services offered by TouristEye in accordance with the law in force, these conditions of use, the particular conditions which may be defined for certain services and other notices and instructions reported to the user, and with the moral and the respectability generally accepted and the public order.
The User is the sole responsible for the information and content present in its personal profile so the user must be aware of the content viewing's possibility by third parties.
For such purpose, the User will refrain from using illicitly any of the services offered through the application or with the aim of having adverse effects for the rights and interests of the other users, third parties or TouristEye, as the responsible for the application.
Every trademark, trade name, logotype or distinctive signs of any type which are shown up in the application are owned by TouristEye or by third parties, and the use and access to the website and the use of its services cannot be deemed to attribute any right to the User over such trademarks, trade names, logotypes and distinctive signs.
Likewise, no contents recognized by the intellectual property of TouristEye or of third parties and no Content exploitation rights can be deemed to have been licensed to User, in accordance with the provisions of these Terms and Conditions, except for such aim as is strictly necessary for the right use of the services offered by TouristEye. The sole intellectual property rights which are given to the User are attached to the use of the application services.
The User will be able to give opinions or to provide new tourist contents through the community or by other means with the aim of letting other users or visitors to be able to access and use them. These contents may include pictures, texts or opinions, among other ones.
The User will be the sole responsible for the contents provided through the application and/or passed on to other Users. In this sense, the User guarantees to be holder of the intellectual and industrial property rights necessaries for be able to publish and to have the contents provided through the application at the disposal of other users and visitors. Likewise, the User guarantees to hold the right to grant, and in fact the User grants a free Copyleft permission in an irrevocable, exclusive, worldwide, free of charges way until the moment to be public knowledge in order to copy, interpret, show and distribute the content provided to TouristEye through the application or its website by any means, including the electronic one, and to carry out derivative deeds or to add the content to other deeds, and to grant and authorize Copyleft Creative Commons permissions over everything prior.
Particularly, for informational but not limited purposes, the User undertakes not to pass on, spread or have contents at third parties disposal that:
TouristEye is not in any case responsible for the contents or opinions declared by a user through the application.
TouristEye doesn't guarantee the availability and continuity of the application and services' working order. TouristEye will endeavor to warn the interruptions which might happen in the application and its services' working order in sufficient time whenever possible. TouristEye won't either guarantee the usefulness of the application and its services for the carrying out of any specific activity nor its infallibility and, in particular, although not in an exclusive way, that Users will able to really use the application and its services.
TouristEye rules out, with all the extension allow by the legal system, any liability regarding damages of all nature which may be due to the lack of liability or continuity of the application and its services' working order, or to the usefulness fraud that Users might have attributed to the website and its services, its reliability, and in particular, although not in an exclusive way, to mistakes in the access to the different websites that makes up touristeye.com.
TouristEye doesn't guarantee:
TouristEye rules out, with all the extension allow by the legal system, any liability regarding damages of all nature which may be due to mistakes in the software, or in the contents or due to the presence of a virus which may provoke some changes in the computer system, documents or files owned by Users.
TouristEye doesn't control nor guarantee the absence of virus or other elements in the services provided by third parties through the application which may provoke changes in the user's computer system.
TouristEye rules out any sort of liability regarding damages which may be due to the presence of virus or other damaging elements in the services provided by third parties through the application that may provoke changes in users' computer system.
TouristEye rules out any sort of liability regarding damages of any nature which may be due to the use of services and contents by Users and to the lack of veracity, validity or authenticity of the information that Users provide to TouristEye through the application, in particular, although not in an exclusive way, because of the damages of any nature which may be due to the impersonation of a third part carried out by and User in the use of services provided through the application.
TouristEye is not responsible for any loose of money, going-concern value or goodwill, nor for any special or indirect harm arisen from the application use.
TouristEye, as the entity responsible for the application will be in any case responsible for the loss of earnings or for any other damages related to the aforementioned website.
The User shall be aware of that the information which is provided by him/herself through the application or the website will provoke to be identified before the other Users and before TouristEye.
TouristEye complies in the treatment of users' personal data with the current regulations in Spain and in the EU, and in particular, with the Spanish Organic Law of Personal data Protection (LOPD) and with its regulations in process. For that purpose, the entity adopts the necessary technical and organizational measures to prevent the loose, misuse, change, non-authorized access and theft of personal data provided, taking into account the state of the technology, the nature of the data and the risks to which they are exposed.
TouristEye has adopted the levels of personal data protection's security required by the Regulation for the Development of the Organic Law 15/1999 of Personal data Protection [Reglamento de desarrollo de la Ley Orgánica 15/1999 de protectión de datos de carácter personal] (Royal Decree 1720/2007). Besides, it endeavors to install those other additional technical means and measures in order to avoid the loose, misuse, change, non-authorized access and theft of the personal data provided.
Nevertheless, any data transfer through the Internet has the risk to be intercepted and TouristEye doesn't have the capacity to guarantee that this fact shall not happen, and as result of this, TouristEye is not responsible for this fact in case of happening.
In those website services of the website where it is essential to be registered as a User, the election of a password is required. The User is responsible for keeping the confidentiality of this password, besides of all the activities which may be carried out in a log-in session with the User's username and password. The User undertakes to notify the non-authorized use of its username and password or any other fault in the security system to TouristEye at the earliest convenience. TouristEye will not be responsible for the damages and looses which may be caused due to the non-compliance of this obligation by the User.
In order to access certain services offered by TouristEye it is required to register in the application, action which also may be carried out through the User's Facebook or Twitter account. In case of accessing the application through the Facebook or Twitter account, the User shall be aware of the fact that the corresponding social network will communicate us the user's personal data, which will be used by TouristEye with the aim of providing the demanded services.
Data provided in the moment of register, including those provided through any of the abovementioned social network, will be added to a personal data file which is duly registered in the Spanish Data Protection Agency (AEPD in the Spanish acronym). The sending of personal data, including the e-mail, implies the specific acceptance by the User of their inclusion in an automated file, which is under the liability of TouristEye.
In order to register as a registered user of the application it is only required to provide his/her identification data and e-mail, with the possibility of expanding that information in case of considering to be necessary.
TouristEye will use his/her personal data with the only aim of providing the demanded services and information, even through e-mail, and besides in order to supply the User the information in which he/she may be interested while this user is log-in, and in this sense, we inform you that your netsurfing data might be used to provide you a personalized service.
Unless the User expresses other opinion through the clicking on the corresponding box, we inform the User that his/her personal data might be used in order to send the User commercial communications relating to TouristEye or to third parties which might be interesting for you even by electronic means.
We also inform the User that in case he/she accepts, the User will be able to inform the other users of his/her location and of the places where the user has been through TouristEye.
TouristEye will not transfer users' personal data to third parties without a previously request of permission, reporting the recipient's data and the aim of that possible transfer.
TouristEye, as the entity responsible for the application will get in contact with the User through e-mails to the e-mail address included in his/her registered data in those cases in which they are required with the aim of the right service provision. It is also possible to use other communication means in case of the e-mail failure in order to guarantee the right provision of the demanded services.
On account of the current communication protocols on the Internet, once the User visits our application, TouristEye automatically receives the IP Address (Internet Protocol) which has been assigned to the User's computer by his/her Access Supplier. The register of this IP address is only used for exclusive internal purposes, such as access statistics to this website. As general rule, the IP address of the same user changes from one connection to the Internet to another, and therefore there is no capacity to track the netsurfing habits on the website by a specific user.
This website may contain links to other websites. The User shall be aware of the fact that TouristEye is not liable for the privacy practices and contents of those websites. We recommend users to be aware of the fact that by using one of those links he/she is leaving our website and also to read those websites' privacy policies which collect personal data.
In case you have not declared your disagreement to receive publicity, TouristEye will be able to send you its own commercial or products communications or services provided by third parties.
The User who desires to modify his/her personal data, or to stop receiving our services, by canceling the register the User shall be able to correct, update or remove easily his/her personal data in the register area.
In case you desire to exercise your rights of access, correction, opposition or cancelation, you may head for: TouristEye S.L., Gaztambide street 20, 28015, Madrid or write an e-mail to the following e-mail address: firstname.lastname@example.org
TouristEye will be able to withdraw or discontinue the provision of its services at any time provided that Users shall be reported with a minimum period of 30 days in advance to such circumstance. Likewise and without prior notice, TouristEye will proceed to cancel the account of those Users who infringe the provisions set in these Terms and Conditions or who act contrary to the current regulations.
As a user, you are obliged to comply with the totality of rules and regulations with the same legal status and with ordinances and rules both national and international which might be applicable to the use of services provided by TouristEye.
These terms and conditions are ruled by the Spanish law. The interpretation and resolution of any conflict which may derive from the User's participation in services provided by TouristEye will be subject to Courts of Law and Courts of Justice in the city of Madrid except for some other different regulation which envisage to be subject to other jurisdiction.