These Terms and Conditions of Use govern the access, browsing, use and usage of the website accessible through the domain name www.in99.com and its subdomains (hereinafter, “the Website“), as well as the purchase of products and services through the Website (hereinafter, the “Services“) and the use of content (hereinafter, the “Content“).
The use of this Website constitutes acceptance of these Terms and Conditions of Use. Any person using the Website is automatically attributed the status of User, without prejudice to the individual considerations depending on their activity on it. In this document, User may also be referred to as “you” and all its variants for ease of understanding. We recommend that you periodically read these Website Terms and Conditions of Use, as they may undergo modifications.
1. General information about the website
Owner: You are in99 S.L. hereinafter “in99” or “we” and all its variants to facilitate the understanding of these Terms and Conditions.
Registered office: Avenida Ricardo Soriano número 21, planta 1ª, C.P. 29601, Marbella (Málaga)
Registry data: Malaga Trade Register, T4593, L3501, F80, SH-MA-99764
TAX IDENTIFICATION NUMBER (NIF): B-92971670.
General terms and conditions of use of the Website.
We have the right at any time to make changes or updates to the content and Services of these Website Terms and Conditions of use, to reflect changes in legislation, in the Services or for any other legitimate reasons. The new conditions shall not be applied retroactively and shall come into force no less than 14 days from the date of their publication on the Website or by any other means that allows Users to be aware of them, replacing the previous ones. However, modifications affecting new functions of a Service or changes made for legal reasons shall enter into force immediately.
2.1 Services offered.
2.1.1 On this Website you can access, among others, the following Content and Services:
2.1.2 Access to the Website by the User is generally free of charge. However, the use of some of the Website Content or Services may be enabled by prior subscription or registration of the User on in99.
2.1.3 We reserve the right to modify, suspend, terminate or restrict the Website Content or Services, links to the Website or information obtained through the Website without notice.
2.2 General conditions of use.
2.2.1 The information contained in the Website and the products and services offered through it are intended primarily for natural or legal persons, public and private, residing in Spain or accessing from Spain, and we therefore decline all liability for the consequences that may arise from access from jurisdictions where the distribution or use of such elements may be contrary to the regulations in force in that country.
2.2.2 The Content and Services offered through this Website are intended for use by persons over the age of eighteen (18). Access to and use of the Website by persons under the age of eighteen (18) is prohibited. We may ask you for proof of age.
2.3 Access to the Website
We reserve the right to require Users in the future to pay consideration for access to Content or use of Services that were previously free of charge. In this case, the new conditions will be published on the Website prior to their entry into force and we may restrict access to Content that you may have previously been accessing free of charge, if you do not pay for the service. You will never be obliged to pay any amount without your prior informed and express consent.
2.3.2 We have obtained the Content included on the Website from sources believed to be reliable. However, although we have taken reasonable steps to ensure that the information is as accurate as possible, changing legislation and case law applicable to each of the contents means that we cannot guarantee that such information is at all times accurate, complete and up-to-date. Therefore, we expressly disclaim any liability for errors or omissions in the information contained in this Website and its contents, as well as for breaches directly attributable to Users.
2.3.3 Although we make every reasonable effort to ensure that the Content and Services offered through this Website are available at all times, you should be aware that there may be interruptions or limitations of access or use due to accidental and unforeseen events or the performance of actions necessary to carry out improvements, maintenance or similar operations.
2.3.4 The cost of telephone line charges incurred by you in using the Website and any other costs other than the mere access to and provision of the Website shall be borne exclusively by you.
2.3.5 Access to certain Content or use of certain Website Services may require you to download software applications onto your computer. This is done at your own risk and you cannot hold us responsible for any liability arising from such actions.
2.3.6 In accessing the Content and using the Services offered through this Website, you are subject to the following rules:
3.1 Your Responsibilities as a User
You are responsible for the use and correct usage of this Website and its Content and Services. In particular, by way of example, we assume no liability in the following areas:
3.2 Our responsibility
3.2.1 We have no duty to monitor your use of the Content or Services, their identity or the accuracy or truthfulness of the data or information you provide, beyond the legally established obligations. The way you use the Content and Services and the information that is published or transmitted is your sole responsibility and you assume the duty to indemnify in99, other Users or third parties for any damages that you may cause, including the fees of lawyers and solicitors, or other professionals, arising from any claim, judicial or extrajudicial, for breach of these Terms and Conditions of Use or any other applicable rules, if relevant.
3.2.2 We have the right to refuse at our discretion any User access to this Website or the Services or Content offered on this Website if there is any indication that the User is using the Services or Content in breach of these Terms and Conditions of Use. This will be done without prior warning and without us being liable to you or any third party for any such decision.
3.2.3 The Website may use appropriate technical means to ensure that there is no dissemination of illegal content, content that harms the property, rights or interests of in99 or third parties, or content that violates these Terms and Conditions of Use.
3.2.4 Any user may report a breach of these Terms and Conditions of Use or any other applicable terms and conditions to in99 via the e-mail address published on the Website for User support.
3.2.5 We have the right to take legal action against you if you take, by yourself or through a third party, any action prohibited by these Terms and Conditions of Use.
4. Use of links.
4.1 We may provide Users with hyperlinks (links, banners, buttons, etc.), directories and search engines that allow access to different sites on the Website belonging to or managed by third parties. Users wishing to link to this Website must comply with the following conditions:
5. Industrial and intellectual property.
5.1 Our rights reserved
5.1.1 All content and services on this website (text, photographs, graphics, images, technology, software, links, audiovisual content, graphic design, source code, etc.), as well as trademarks and other distinctive signs are the property of in99® or third parties, and the user does not acquire any rights over them by simply using the website. They are therefore protected works under Spanish and EU legislation and international treaties relating to intellectual property. All rights reserved.
5.1.2 Unless otherwise expressly agreed for the particular case, your provision or inclusion of content on the Website implies the grant to in99 of a free, non-exclusive, unlimited, worldwide licence to reproduce, publish, publicly communicate, transmit, in whole or in part, such content in any form or by any means or technology. This licence will terminate at the time you voluntarily remove such content from the Service. You are solely responsible for ensuring that such content does not violate the law or infringe the rights or interests of in99 or third parties, and you agree to indemnify and hold them harmless.
5.2.1 Any improper use of these elements by persons other than their legitimate owner and without the express and unequivocal consent of the latter may be reported and pursued by all legal means. Intellectual and industrial property rights must be respected by anyone who accesses this page, and the User assumes sole responsibility for any liability that may arise from such use.
5.2.2 You must refrain from:
5.2.3 The use or reproduction of content or databases that we have expressly authorised to our customers or suppliers under the relevant contract, as well as the downloading, copying or printing of the content of this Website for personal and private use, are exempt from the provisions of the previous paragraph.
5.2.4 In any case, mass downloading of content or databases, whether manually or by means of software designed for this purpose (spider software or similar), is prohibited.
6. Partial nullity and waiver.
6.1 If any provision of these Website Terms and Conditions of Use is declared wholly or partially invalid or unenforceable, the remainder shall remain in full force and effect.
6.2 Our waiver of any of our powers under these Terms and Conditions of Use shall not prevent us from subsequently invoking them in respect of any other breach.
7. Applicable Law, Jurisdiction and General Conditions.
7.2 These Website Terms and Conditions are governed by Spanish law, and the Spanish Courts and Tribunals shall have jurisdiction to hear any questions that may arise regarding their interpretation, application and enforcement. By virtue of the acceptance of the conditions contained in these Terms and Conditions and, in the event that current legislation allows you to submit to a specific jurisdiction, you voluntarily submit to the jurisdiction of the Courts and Tribunals of the city of Marbella. Alternatively, and in the event that the procedure should be heard by a court that is only based in the capital of a province, the Courts and Tribunals of Malaga.
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