Terms of service
This document is a direct translation from the only valid legal version in Spanish, available in: http://www.toprural.com/legal.html
Version 5, 11 april 2012
I. Owner of the Portal.
TOP RURAL S.L. (hereinafter, “Toprural”) at the following address: Madrid, Paseo de la Castellana, 79 and with Tax Nº B-82591306, Registered in the Commercial Registry (Oficina mercantil) of Madrid in 15.167, Book 0, Sheet 133, Section 8, Sheet M-253650 is the owner of the portal www.Toprural.co.uk (hereinafter, the “Portal”) and provides this for the use by Internet users, with the aim of giving information and services regarding rural accommodations and its related aspects in the world. The categories of the rural accommodations used in the Portal are generic and do not coincide with any official category of a regional or national nature. By surfing and using the Portal, we call this person the User of the Portal (hereinafter, the “User”) it implies the acceptance of all the conditions included in this Legal Warning. The offering of the Portal service has a limited duration to the moment in which the User is connected to the Portal. The User must read the Legal Warning carefully on each of the occasions on which the use of the Portal is prolonged, given that this and the conditions found in the Legal Warning may undergo modifications at any time. Some services of the Portal, which are accessible to the Users, may be subjected to individual conditions that substitute, complement and / or modify the Legal Warning and must be accepted by the User at all times.
II. Object of the Legal Warning.
The Legal Warning regulates the conditions, the access and the use of the Portal, its contents and services, whether they are paid for or free, and made available to the User; this term includes both customers and the owners of the accommodations and services that form a part of the Portal. The Legal Warning shall be applied to all the activities of supplying information, subscription and/or the providing of services offered in the Portal, despite other applicable conditions (Conditions of Service for owners and other individual conditions).
III. Acceptance of the Conditions of the Legal Warning.
III.1 Conditions of the User.
The Legal Warning shall be understood as accepted without any reservations by the User simply by visiting the Portal and consequently, if the services offered in the Portal are used. The User declares that he/she is of legal age and has the legal capacity to be obliged and to accept the conditions of the Legal Warning found herein.
In general terms, the service offered to Users in the Website is free of charge, with the exception of the subscription of rural accommodation or any other that will be subjected to the contents of their corresponding Conditions of Service.
III.2 General regulations of use. Reviews of Users and photographic or audiovisual work.
The User is obliged to use the Portal diligently, correctly and with respect, particularly when publishing reviews or photographic or audiovisual works (“Images”) in the different forms which are permitted. Likewise, he/she is obliged to not publish, including but not limited to, any images or make any comments or actions that are: (i) defamatory, incorrect, false, abusive, slanderous, obscene, irreverent, offensive, insulting, tacitly or expressively sexual, threatening, hounding, racist, sexist, discriminatory for any reason, that go against the morals, public order, fundamental rights, public liberty, honour, privacy or the image of third parties and generally in the current legislation, and/or illegal or infringing on the rights of third parties (for example, rights of industrial and intellectual property; the rights of privacy or publicity); (ii) sending of trash mail, ‘SPAM’, messages with a commercial purpose, ‘chain letters’ or non requested massive mailings, false, deceitful or that promote illegal activities or any rude, threatening, obscene, defamatory or slandering conduct; (iii) supplying practical information on illegal activities; (iv) consisting of any commercial activity, publicity or sales, even if there are no cash transactions; (v) containing data of a personal nature on third persons that require the approval of the owner or the bearer of the rights. The User will answer to Toprural or any third party, for any damages that may have been caused as a result of the non-compliance of this obligation. The Portal permits the issuing and publication of reviews, positive or negative, on the rural accommodations and their surroundings. The Portal does not intervene in the reviews or images of the Users; nevertheless the Portal will remove or not publish the reviews or images that do not comply with the previous conditions. Toprural is in no way responsible, nor guarantees the veracity and accuracy of the reviews or images that may be expressed by the users of its Portal.
III.3 Industrial or intellectual property.
All the contents of the Portal, which are understood as including, but not limited to, the databases, texts, images, brands, commercial names, distinctive signs, graphs, logos, images, icons, technology, software, links and other audiovisual or sound contents, as well as its graphic design and source codes (hereinafter, the "Contents"), or any other sign which is susceptible to industrial or commercial use are the intellectual property of Toprural or third parties, and no rights of use of these may be passed on to the User. It is strictly forbidden to reproduce, distribute, communicate publicly and transform any element owned by Toprural except with the expressed authorisation of the latter.
All non authorised use of any of the elements mentioned or any other element that forms a part of the intellectual or industrial property of Toprural will give rise to responsibilities of a criminal and/or civil nature or any other nature, legally established. Under no circumstance is Toprural responsible for the criminal acts of the User that affects the rights of third parties.
The User declares that they are the owner of the published texts or pictures, or otherwise declares that they have the right to use these. By virtue of this condition they assign, free of charge and non-exclusively to Toprural for a period of 25 years and for worldwide use, all rights of public distribution and communication of the texts or pictures by means of the web pages, digital newsletters and other analogue publications, as well as being authorised to pass on these texts and pictures to third party web sites. The User accepts that he/she will be the only person responsible, and that Toprural will be relieved of any type of responsibility, faced with any claim by a third party regarding the non-compliance of the contents of this paragraph.
The User agrees to use the Contents included in the Portal according to the Law and the Legal Warning. According to the current legislation and including, but not limited to, the User must refrain from: (i) reproducing, copying, distributing, making available, publicly informing, transforming or modifying the Contents except under cases authorised by law or with the expressed consent of Toprural or by the bearer of the rights of use in each case; (ii) reproducing or copying the Contents for private use that may be considered as Software or Databases according to the current legislation regarding intellectual property, as well as their public information or availability to third parties when these acts necessarily imply the reproduction by the User or the third party; (iii) extracting and/or reusing the whole or a substantial part of the Contents found within the Portal, as well as the databases that Toprural makes available to its Users.
The establishing of a hyperlink with Toprural will require the acceptance and does not constitute any relationship between the page that establishes this and Toprural. It shall not be declared that Toprural has authorised this hyperlink, neither shall any inaccurate or false statements be made of Toprural, its services or the Web page; nor shall any hyperlinks be established from any page that does not comply with the General Use of this Portal.
IV. Policy regarding the protection of personal data.
For the purpose of the regulation on Protection of Data of a Personal Nature (LOPD), Toprural informs the User of the existence of a datafile of a personal nature that includes the personal details obtained through the Portal, with the aim of statistics, redefining the services offered in the Portal, for the sending of technical, promotional information and for the maintenance and management of the legal, business or commercial relationship, or the provision of the services that Toprural maintains with the User. In this respect, by accepting the current legal warning, the user is aware that his/her details are used for the purposes indicated in the previous paragraph and, consequently, as the case may be, for the administration of their registering in the Website and the maintenance and development of the relationship they have with Toprural as a registered User; for the publication of their reviews or pictures relating to rural accommodations and for the development of contact tools with accommodations or Users. Furthermore, by accepting the boxes found in the forms which are included in the Portal, the User may consent that the personal details are used to send commercial and informative communications about Toprural (by any means, including e-mail, SMS, etc.). The User may exercise their rights recognised in the LOPD of access, amendment, opposition and cancellation by means of a Form containing a cancellation request that Toprural makes available. The written and signed request can be sent by post to Toprural at the following address: Paseo de la Castellana, 79, 28046 Madrid - Spain, enclosing a photocopy of the Users and Identity Card. Toprural implements the safety levels which are required by the Regulation of development of the Organic Law on Data Protection approved by the Royal Decree 1720/2007 of 21 December. However, the technical safety in a means such as the Internet is not impregnable and there may be filters by fraudulent third parties..
V. Responsibility of Top Rural.
Toprural will only respond to the damages that the User may suffer as a result of the use of the Portal when the damages are down to a fraudulent action of the company. The User recognises and accepts that the use of the Portal, and especially the publication of reviews or images, as well as the provision of services offered herein is carried out under their entire risk and responsibility.
V.1 Regarding information.
Toprural takes no responsibility for the veracity, accuracy, suitability, thoroughness and updating of the information supplied through the website, nor on the decisions taken from this information or the damage that this may produce. Toprural is not an intermediary of services. It offers solely and exclusively the service of information as it appears in the Portal. The Users must contact the owners of the accommodations directly. Toprural will not be a part of this contracting and will take no responsibility for the quality, price, contents or availability of the service that you wish to contract or have contracted.
V.2 Quality of service.
The access to the Portal does not imply the obligation by Toprural to control the absence of viruses, worms or any other type of computer menace. It is up to the User, in all cases, to have the availability of the suitable tools for the detection and disinfecting of the harmful computer programs. Toprural takes no responsibility for the damage produced in the hardware of the Users or third parties during the provision of the Portal service.
V.3 On the availability of the service.
The access to the Portal requires third party services and supplies, including its transport through the telecommunication networks. Any breakdown in these supplies, may result in the suspension, cancellation or inaccessibility of the services provided. Toprural takes no responsibility for the damages caused to the User produced by failures or any disconnection from the telecommunications network.
V.4 Regarding the contents and services linked through the Portal
Under no circumstances will the existence of the interlinked sites, i.e. access to other pages or Internet Portals, mean the existence of agreements, recommendations, subscriptions or identification of Toprural with the aforementioned interlinked expressions, contents or services. Toprural does not know the interlinked sites and therefore takes no responsibility for damages produced by these nor for any other damage that is not directly due to Toprural.
VI. Obligations from of the User.
In general terms, the User is obliged to comply with the Legal Warning and, if applicable, the particular conditions that apply, and to always act according to the law, to the good practices and in good faith, using suitable diligence, abstaining from using the Portal in any way that may impede, damage or deteriorate the normal function of this, the property or rights of Toprural, its suppliers, Users or third parties. Specifically, by way of example, when using the Portal, as well as when supplying the services and especially when publishing reviews, the User is obliged to: (i) provide, if applicable, their details truthfully and maintain them updated; (ii) not to introduce, store or distribute in or from the Portal any information or material that goes against the General Norms of Use of the Portal; (iii) not to introduce, store or distribute through the Portal any electronic or physical device that may cause damage to the Portal, Services, information, programs, digital documents, equipment, Toprural systems or networks, or any third party, or which in any form or other is capable of causing any type of alteration or impeding the normal functioning of these; (iv) to suitably safeguard the "User Name" and the "Password", understanding that they will not transfer its use or access to third parties, accepting the responsibility that may be derived from the incorrect use of these. To inform Toprural, as soon as possible, of its loss, theft or risk of access by a third party; not to use false identities, nor impersonate others in the use of the Portal or its services.
For the purposes of the current General Conditions, and in any communication that may be required between Toprural and the User, this must be directed to Toprural by post to Toprural, Paseo de la Castellana 79 - 28046 - Madrid. Or by telephone (+34) 91 523 58 00 or via the website at Contact us.
The parties waiver their own jurisdiction, and if possible, submit this to the jurisdiction of the Courts of Madrid. The applicable Law will be the Spanish Law.