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Terms of Use

PRIVACY

Introduction

Meanings and definitions used in this Agreement:

"Agreement" - means this agreement for users of the Site;

"Discussion Forums" - means the chat areas, bulletin-boards or forum facilities provided on the Site;

"FM Properties" - means; Grupo FM Turistico S.L. of C.C. Centro Plaza, 29660 Nueva Andalucia, Marbella, Málaga, Spain. 

"Service" - means the service(s) provided by the Site;

The information that you provide about yourself to FM Properties will only be used by FM Properties in accordance with its Privacy Policy. The Privacy Policy does not apply to third party sites. FM Properties may from time to time invite you to provide personal information in order to provide you with services (such as email newsletters and competitions) and to enable you to order goods. In order to deliver such services or goods, FM Properties will need to process and store your personal information and may need to transfer it to affiliates and service providers for processing inside the European Economic Area. By submitting your personal information, you consent to such processing and transfers in connection with such orders, offers or services and for any other purposes to which you consent at the time you provide the information. In order to enable FM Properties to provide you with a personalised browsing experience, this site may use 'cookie' information collection technology. The information gathered by FM Properties cookies is limited to use within FM Properties for the purposes of enhancing your experience on our Site. FM Properties will only use your personal information for purposes for which you have consented and will not sell or rent your personal information to third parties for marketing purposes without such consent. In order to protect your privacy, FM Properties is registered in accordance with and seeks to comply with Ley Orgánica 15/1999, de 13 de diciembre, de Protección de Datos de Carácter Personal (Spain). FM Properties follows strict security procedures in the storage and disclosure of personal information so as to prevent unauthorised access by third parties. FM Properties also requires those parties to whom FM Properties transfers personal information to comply with the same. If you have any queries about FM Properties privacy policy or any queries about the protection of personal information FM Properties holds about you, please write to: FM Properties, Centro Plaza, 29660 Nueva Andalucia, Marbella, Málaga. You have the ability to correct or change certain information in our records, such as your address and contact information. If you need assistance or have questions about correcting information, you can contact us via our contact form

Data Protection: FM Properties and our sponsors and promoters may use your details to let you know about other products and services which we think would be of interest to you. Occasionally, we may also pass your details to selected companies. This will only be done with your permission so we advise you to check the tick boxes when relevant.

Please leave the Site and its Service now if you don't agree to our privacy terms.

 

TERMS AND CONDITIONS

Meanings and definitions used in this Agreement:

"Agreement" - means this agreement for users of the Site;

"Discussion Forums" - means the chat areas, bulletin-boards or forum facilities provided on the Site;

"FM Properties" - means; Grupo FM Turistico S.L. of C.C. Centro Plaza, 29660 Nueva Andalucia, Marbella, Málaga, Spain.

"Service" - means the service(s) provided by the Site; 

1. Introduction to Agreement

This Site is owned and operated by FM Properties. 

This Agreement governs the use of the Site and Services produced by FM Properties. 

If you do not agree with the rules contained in this Agreement, you should not use the Service. 

FM Properties may modify this Agreement from time to time and notice of revisions to this Agreement will be posted here. Continued use of the Service by you will constitute your acceptance of any changes or revisions to the Agreement, so it's wise to check this page regularly. 

We may terminate your access to the Service, without notice, in addition to our other remedies if you fail to follow this Agreement and the Service's rules.

Please see our Privacy Policy above, which is incorporated into these Terms of Use by reference. 

2. Use of the Service by You

2.1. FM Properties or its licensors owns all material on this Site. You may retrieve and display content from this Site on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk (but not on any server or other storage device connected to a network) for your own personal, non-commercial use. You may not in any way make commercial or other unauthorised use, by publication, re-transmission, distribution, performance, caching or otherwise, of material obtained through the Service.

2.2. You may not authorise others to use the Service, and you are responsible for all of your own use of the Service. You agree not to use any obscene, indecent or offensive language, or to place on the Service any material that is false, defamatory, abusive, harassing or hateful. Further, you may not place on the Service any material that is encrypted, constitutes junk mail or unauthorised advertising, invades anyone's privacy, encourages conduct that would constitute a criminal offence or give rise to civil liability, or that otherwise violates any local, national or international law or regulation. You agree to use the Service only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability. 

2.3. Other than connecting to FM Properties's servers by HTTP requests using a Web browser, you may not attempt to gain access to FM Properties’s servers by any means, including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise. 

2.4. You agree not to disrupt, modify or interfere with the Service or its associated software, hardware and servers in any way, and you agree not to impede or interfere with others' use of the Service. You further agree not to alter or tamper with any information or materials on, or associated with, the Service.

2.5. You acknowledge that FM Properties has not reviewed and does not endorse the content of all sites linked to from this Service and is not responsible for the content or actions of any other sites linked to from this Service. Linking to any other service or site from this Service is at your sole risk.

3. Information and Availability

While FM Properties takes every care to ensure that the information on this Site is accurate and complete, some of it is supplied to FM Properties by third parties and FM Properties is unable to check its accuracy or completeness. You are advised to verify the accuracy of any information before relying on it. Further, due to the inherent nature of the Internet, errors interruptions and delays may occur in the service at any time. Accordingly, FM Properties's Site is provided "as is" without any warranties of any kind and FM Properties does not accept any liability arising from any inaccuracy or omission in the information or interruption in availability.

4. Links

4.1. Any third party web site that links to this Site must not: create a frame or any other browser or border environment around the content of this site; imply that FM Properties is endorsing it or its products or services; use any FM Properties trade mark displayed on any FM Properties Site without permission from FM Properties; infringe any intellectual  property or other right of any person; be a web site that contains content that could be construed as distasteful, offensive or controversial.

4.2. FM Properties expressly reserves the right to request that any link in breach of these terms be removed and to take whatever other action it deems appropriate. 

4.3. On these Sites you may be offered automatic links to other sites. Whilst FM Properties hopes you will be interested in those other sites, you acknowledge that their owners may be independent from FM Properties and FM Properties does not endorse or accept any responsibility for their content.

5. Use of Material Posted by You

All information and material you supply or communicate to the Service is governed by the Privacy Policy, which is accessible at any time from the bottom of any page on the Service.

6. Copyright Complaints 

6.1. FM Properties respects the intellectual property of others, and we ask our users to do the same. FM Properties may, in appropriate circumstances and at its discretion, terminate the access of users, subscribers, and account holders who infringe the copyright rights of others. 

6.2. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, or that the Site contains links or other references to another online location that contains material or activity that infringes your copyright, please contact FM Properties immediately.  

7. Promotions

From time to time, FM Properties (or selected third parties) may include competitions, promotions or other offers on these Sites. Each such offer shall be subject to its own express terms and may not be available in all jurisdictions.

8. Materials Provided by Others 

You agree that FM Properties is not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material. 

9. Trade marks 

All company trade marks are trade marks of FM Properties and may be registered in certain jurisdictions. All other trade marks used on this Site are the property of their respective owners. 

10. Indemnity 

You agree to indemnify FM Properties and its subsidiaries, affiliates, officers, employees, advertisers, partners, agents and representatives, and to hold them harmless from any and all claims, demands and liabilities (including legal fees) that may arise from your submissions or provision of content, from your unauthorised use of material obtained through the Service, from your breach of this Agreement, or from any such acts arising through your use of the Service or any other violation of the rights of another person or party. 

11. Editing and Deletions

FM Properties reserves the right, but undertakes no duty, to review, edit, move or delete any material posted by users on the Site, in its sole discretion and without notice. 

12. Additional Rules

FM Properties reserves the right to post, from time to time, additional terms and conditions that apply to specific parts of the Service. Such additional terms and conditions  will be posted in the relevant parts of the Service, and will be clearly identified. Your use of the Service constitutes your agreement to comply with these additional terms and conditions.

13. Disclaimer of Warranty and Limitation of Liability 

13.1. YOU UNDERSTAND AND AGREE THAT YOU ARE USING THE SITE AND ANY OF ITS SERVICES AT YOUR OWN RISK. THE SITE AND ITS SERVICES ARE PROVIDED "AS IS," AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, FM Properties AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SITE AND ITS SERVICE. 

13.2. FM Properties AND ITS AFFILIATES MAKE NO WARRANTY, IMPLIED OR EXPLICIT, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE OF ANY QUALITY, NOR THAT THE CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER FM Properties NOR ITS AFFILIATES NOR ANY PARTICIPANT IN THE SITE AND ITS SERVICES PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND. 

13.3. SAVE FOR THE PROVISIONS OF THE FOLLOWING CLAUSE FM Properties AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE OF OR RELIANCE ON THE SERVICE OR ANY OF THE INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

13.4. FM Properties’S LIABILITY WILL NOT BE LIMITED IN THE CASE OF DEATH OR PERSONAL INJURY DIRECTLY CAUSED BY FM Properties'S NEGLIGENCE.

 14. Termination

FM Properties HAS THE RIGHT TO TERMINATE YOUR ABILITY TO ACCESS THE SITE AND ITS SERVICE, FOR ANY REASON, WITHOUT NOTICE.

15. Choice of Law and Jurisdiction

15.1. You agree that this Agreement, for all purposes, shall be governed by and construed in accordance with Spanish law. You also agree, subject to the following clause, to submit to the exclusive jurisdiction of the Spanish courts as regards any claim or matter arising under this Agreement.

15.2. For the exclusive benefit of FM Properties, FM Properties shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence.

16. General

16.1. From time to time, our Site may publish articles or features, which some site visitors may find offensive. essential magazine does not intend to offend and suggests that Site visitors who find the tone or content of the Site offensive, no longer visit the Site. No responsibility is taken for any offense caused.  

16.2. This Agreement is the complete and entire agreement between the parties and supersedes any prior agreement, whether written or oral. 

16.3. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. 

16.4. Failure of either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.

Please leave the Site and its Service now if you don't agree to the terms contained in this Agreement.

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