Terms of use

The website available at http://www.tesidi.com is property of David Sedeño Fernández with NIF nº 27392367B and with address in C/ León, nº 9. Atico. POX 29640 Fuengirola (Málaga) - Spain, telephone (+34) 952 666 242 and email address: david@tesidi.com

These terms of use (“Terms”) govern the access, browsing and use of the Website by its users (“User” o “Users”, as applicable) as well as the services rendered through the Website.

Accessing the Website, implies that the User has read and accepts to be bound by these Terms without exception. Tesidi may modify the Terms at any time and thus we recommended that the Terms are reviewed on a regular basis by the User.

Some services provided through the Website may be subject to specific conditions or instructions that must be accepted by the User prior to the provision of the relevant service. These specific conditions may be imposed by Tesidi or by third parties. Such specific conditions shall apply in addition to the Terms and in case of conflict shall supersede the Terms. Accordingly the User must acknowledge to have read and accepted such specific conditions.

Likewise, in respect of gathering and processing personal data , the Privacy Policy will apply.

1. PURPOSE OF WEBSITE

Through the Website, the User can create, save, publish, share, send, search and download, without charge, travels as well as related information and content.

AUTHORISED USE OF THE WEBSITE

The User is only authorized to use the Website in accordance with the Terms. The User agrees to use the Website in good faith and for personal use only.

The User agrees not to use the Website negligently, for fraudulent purposes or in an unlawful manner. Likewise, the User agrees not to partake in any conduct or action that could damage the image, interests or rights of Tesidi or third parties.

The User will not interfere with the Website’s functioning and in particular will not impersonate another user or person. The User agrees not to carry out any action that may damage, make unavailable, overload, deteriorate or impede the normal use of the Website or which may impact the security of the Website. It is prohibited to use robots, spiders or any other mechanism, program or tool to access, copy or control any part of the Website in anyway which is contrary to the ordinary use of the site without the express prior authorization from Tesidi.

It is the User’s responsibility to ensure prior to using the Website that the features of the Website meet the User’s needs.

3. REGISTRATION

In order to use certain features of the Website, the User must register by creating a password and activating an account. The User must provide a valid email address at which the User will receive notifications related to the Website.

The User agrees to provide the mandatory information which is required for registration and also acknowledges that such information is true, complete and up to date. It is the User’s responsibility to keep such information updated. Should the User provide false, outdated or incomplete information, or should Tesidi have reason to suspect as such, Tesidi reserves the right to suspend or cancel the User’s account.

The User must protect and keep confidential the account password without disclosing it to third parties. The User must not allow other Users access through the User’s account nor use the account of another User.

The User is responsible for all operations carried out through the User’s account. If the User suspects that another user is using his account he should immediately inform Tesidi.

Tesidi may suspend or cancel the account of the User if it considers that the User has not adhered to these Terms.

4. CONTENT

The Website allows Users to:

(i) Create, save or share their travels information by uploading these directly to the Website.
(ii) Save and publish photos, videos or additional information related to the Travels either by uploading them directly to the Website or with links to a third-party such as Panoramio (“Photos and Videos”).
(iii) Express opinions and comments on Travels (“Comments”).

By publishing Travels, Trips, Accommodations and Activities, Photos and Videos, Comments or any other information or content (“User Content”), the User agrees to be bound by the following rules:

(i) The User Content must be relevant, without infringing the rights of third parties, the law, or public order and must comply with these Terms. The Users must take into consideration that the Website is a public forum and thus take responsibility for content saved and published therein.
(ii) The User must be the owner of the intellectual property rights of the shared User Content whether by being the author, original owner or by holding the relevant rights.
(iii) Where User Content contains the image, voice or name of another person, or any other confidential or private information, the person in question must have provided authorization to publish such Content.
(iv) The User Content must be free from viruses, worms or any other type of destructive code.
(v) The User Content must comply with the conditions and technical requirements set out from time to time by Tesidi.

Tesidi only hosts the User Content and therefore Tesidi does not edit, select, control, guarantee, approve or necessarily agrees with the User Content. If you wish to make an enquiry related to User Content or if you believe that the User Content violates any rights or does not meet these Terms, or is inappropriate, you can do so as follows:

(i)If you enquiry relates to a Travel, contact with Tesidi at the email address indicated in section 8 below.

Notwithstanding the fact that Tesidi is not under an obligated to supervise the User Content, Tesidi may modify or delete (partially or totally) at anytime, any User Content which, Tesidi deems to have breached these Terms or may be deemed to be offensive, illegal or in violation of the rights of third-parties.

5. RESPONSABILITY

The User acknowledges and accepts that use of the Website is at the User’s own risk and under the User’s responsibility and therefore Tesidi does not accept any responsibility for misuse or use in breach of these Terms.

The User will be responsible for any damages to Tesidi resulting from the User’s use of the Website in breach of the Terms and accepts to indemnify Tesidi and its directors, employees, agents and representatives from any liability in which they may incur resulting from the User’s breach of these Terms.

Tesidi does not warrant the availability or continuity of the Website, its accurateness, reliability or completeness, or whether the Website is fit for a particular purpose. To the maximum extent permitted by applicable law, Tesidi will not have any liability in this regard.

As way of example and without limitation, Tesidi shall not be liable for any damages that may result from:

(i) Interruptions, viruses, technical problems, interferences, omissions, unavailability, power cuts, failure of the telecommunication networks or the User’s equipments which are not Tesidi’s responsibility.
(ii) Delays or unavailability of the Website due to deficiencies or traffic overload on the Internet, in the communication network or the electricity grid.
(iii) Third party actions.
(iv) Unavailability of the Website due to maintenance or software updates.
(v) Anything which is beyond Tesidi’s direct control.

SAVE FOR TESIDI’S WILFUL MISCONDUCT, AND THOSE CASES IN WHICH DUE TO THE SPECIFIC CIRCUMSTANCES OF THE USER INVOLVED OR THE NATURE OF THE MATTER, APPLICABLE LAW PROVIDES THAT LIABILITY CANNOT BE LIMITED BY AGREEMENT, TESIDI SHALL NOT BE LIABLE FOR ANY DAMAGE OF ANY KIND CAUSED TO THE USER AS A RESULT OF USING THE WEBSITE.

In accordance with section 4 above regarding the User’s Content, Tesidi acts exclusively as a provider of a service consisting in allowing the Users to store and publish the User Content through the Website. Liability for the storing or publishing in the Website of the User Content or any other information, data, text, software, sound files, pictures, graphics, videos, news or other materials included in the Website, lies exclusively in the User who stores or publishes the relevant content, except in the specific circumstances provided by applicable law.

The insertion of links in the Website does not imply any relationship, recommendation or supervision by Tesidi of the linked website and accordingly, Tesidi does not accept any liability in relation to the content of any linked website except in the specific circumstances provided by applicable law.

6. INTELLECTUAL PROPERTY

All intellectual property rights (including the “sui generis” right over data bases) over the Website, its design, and source code, and all intellectual property rights over any content included in the Website (including without limitation text, images, animations, data bases, graphics, logos, trademarks, icons, buttons, pictures, videos, sound recordings, etc.) belong or are licensed to David Sedeño Fernández.

Except when specifically authorized, Users are not allowed to reproduce, transform into any derivative work, distribute, make available or communicate to third parties or extract and or reutilize the Website or any of its contents.

The User remains as owner of the User Content stored, uploaded or published in the Website as provided under section 4 above. However, the User grants Tesidi, who accepts, a non exclusive, worldwide license, without consideration, and with the right to sublicense to any third party, for the whole term that the User’s rights over the User Content stored or published on the Website last according to applicable legislation, for:

(i) Access, use, store, reproduce, modify, transform, update, translate, publish, distribute, delete, make part or all of the User Content available on the Website or websites operated by third parties with whom Tesidi agrees the publication of the User Content, such as Google.
(ii) The adaptation and creation of derivative works based on or incorporating the User Content.
(iii) Using the User Content in connection with other contents.
(iv) Carrying out technical and maintenance works necessary for completing any of the above.

The User warrants that it is has all necessary rights over the User Content for storing and publishing on the Website and for the granting of the license referred to above or that it has obtained from the necessary rights, licenses and consents from third parties.

Additionally, when upon registration or at any other time accessing the “your settings page” the User has opted to allow Tesidi, to publish and use certain of his/her information included in his/her account, the User authorizes Tesidi to proceed on the basis of the options marked by the User. The User acknowledges that his/her chosen user name will be publicly available in relation to all Users.

7. CHANGES AND CLOSURE OF THE WEBSITE

Tesidi may, at any moment, and without incurring in any responsibility towards the User, modify the content of the Website, cease to provide some or all the services and features available or deactivate and delete all or some of the accounts and their corresponding information. However, Tesidi will comply with its obligations regarding the keeping of records in relation of certain transactions for the relevant period as provided by applicable law.

8. GENERAL AND CONTACT INFORMATION

Use of the Website is governed by the laws of Spain.

If any provision in these Terms is declared to be invalid or null, it shall be deemed that it had not been included. The remaining provisions in these Terms shall not be affected in anyway.