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Welcome to the User Agreement for Yovi.es. The following text describes the
terms on which Yovi.es offers you access to our services.
This agreement describes the terms and conditions applicable to your use of
our services available under the URL www.Yovi.es. If you do not agree to be bound
by the terms and conditions of this agreement, please do not use or access our services.
You must read, agree with and accept all of the terms and conditions contained
in this user agreement, which include those terms and conditions expressly set out
below and those incorporated by reference, before you may inscribe your property
or a property you represent or make a reservation at Yovi.es.
We may amend this agreement at any time by posting the amended terms on Yovi.es.
Except as stated below, all amended terms shall automatically be effective 30 days
after they are initially posted on our site. In addition, we will notify you.
1. Membership eligibility
Our services are available only to individuals who can form legally binding
contracts under applicable law. Without limiting the foregoing, our services are
not available to minors or to temporarily or indefinitely suspended Yovi.es users.
If you are a minor, you can use this service only in conjunction with your parents
or guardians. If you do not qualify, please do not use our services. Further, your
Yovi.es account and User ID may not be transferred or sold to another party. If
you are registering as a business entity, you represent that you have the authority
to bind the entity to this agreement.
2. Fees and services
2.1 If you want to inscribe a property at Yovi.es you will have to pay a fee.
When you create an account, you have an opportunity to review and accept the fees
that you will be charged for the use of our services.
Unless otherwise stated, all fees are quoted in Euro. You are responsible for
paying all fees associated with using our service and our website and all applicable
taxes.
2.2 When you inscribe for a "Real Estate Agent Account" you will get additional services.
The services are listed below:
2.21 Your properties will automatically be promoted on the homepage.
All promotions will be displayed on our English and Spanish homepages in random
order. If there are more than 4 promotions available for the homepages, they will
rotate, and randomly displayed each time someone visits or reloads the page.
3. Yovi.es is a venue
3.1 Yovi.es is not an agent of the listed properties.
Instead, our site acts as a venue to allow anyone to offer a property at any time,
from anywhere. We are not involved in the actual transaction between the seller
and the buyer of a property. As a result, we have no control over the quality, safety
or legality of the properties advertised, the truth or accuracy of the listings,
the ability of house-holder to rent-out properties or the ability of the seller
to sell properties. We cannot ensure that a seller or house-holder will actually
complete a transaction.
3.2 Identity verification.
We use many techniques to identify our users when they register on our site. However,
because user verification on the Internet is difficult, Yovi.es cannot and does
not confirm each user's purported identity. We encourage you to communicate directly
with potential trading partners through the tools available on our site. You may
also wish to consider using a third party escrow service or services that provide
additional user verification.
3.3 Release.
Because we are a venue, in the event that you have a dispute with one or more users,
you release Yovi.es (and our officers, directors, agents, subsidiaries, joint ventures
and employees) from claims, demands and damages (actual and consequential) of every
kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way connected with such disputes.
3.4 Information control.
We do not control the information provided by other users that is made available
through our system. You may find other users' information to be offensive, harmful,
inaccurate, or deceptive. Please use caution, common sense, and practice safe trading
when using our site. Please note that there are also risks of dealing with underage
persons or people acting under false pretenses. Additionally, there may also be
risks dealing with international traders and foreign nationals.
4. Listing and renting
4.1 Listing description.
You must be legally able to sell the property you list for sale on our site. You
must describe your property and all terms of the rent transaction on the listing
page of our site. Your listings may only include text descriptions, graphics, pictures
and other content relevant to the sale of that item.
5. Fraud.
Without limiting any other remedies, Yovi.es may suspend or terminate your
account if we suspect that you (by conviction, settlement, insurance or escrow investigation,
or otherwise) have engaged in fraudulent activity in connection with our site.
6. Your information
6.1 Definition.
"Your Information" is defined as any information you provide to us or other users
in the registration, reservation or listing process, in any public message area
or through any email feature. You are solely responsible for Your Information, and
we act as a passive conduit for your online distribution and publication of Your
Information.
6.2 Restricted activities. Your Information (or any properties listed) and
your activities on the site shall not:
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be false, inaccurate or misleading;
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be fraudulent;
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infringe any third party's copyright, patent, trademark, trade secret or other proprietary
rights or rights of publicity or privacy;
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violate any law, statute, ordinance or regulation (including, but not limited to,
consumer protection, unfair competition, antidiscrimination or false advertising);
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be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
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be obscene or contain child pornography;
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contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or
other computer programming routines that may damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or personal information;
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create liability for us or cause us to lose (in whole or in part) the services of
our ISPs or other suppliers; and
- link directly or indirectly to or include descriptions of property or services that:
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are prohibited under this Agreement;
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are concurrently listed for rent-out on a Web site other than Yovi.es (this does
not prevent linking to or advertising an Yovi.es property from another Web site);
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you do not have a right to link to or include.
6.3 License.
Solely to enable Yovi.es to use the information you supply us with, so that we are
not violating any rights you might have in that information, you agree to grant
us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable
(through multiple tiers) right to exercise the copyright, publicity, and database
rights (but no other rights) you have in Your Information, in any media now known
or not currently known, with respect to Your Information.
7. Access and interference
You agree that you will not take any action that imposes an unreasonable
or disproportionately large load on our infrastructure.
Much of the information on our site is updated on a real time basis and is proprietary
or is licensed to Yovi.es by our users or third parties. You agree that you will
not copy, reproduce, alter, modify, create derivative works, or publicly display
any content (except for Your Information) from our Web site without the prior expressed
written permission of Yovi.es or the appropriate third party.
8. Breach
Without limiting other remedies, we may immediately remove your property listings,
warn our community of your actions, issue a warning, temporarily suspend, indefinitely
suspend or terminate your membership and refuse to provide our services to you if:
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you breach this Agreement or the documents it incorporates by reference;
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we are unable to verify or authenticate any information you provide to us;
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we believe that your actions may cause financial loss or legal liability for you,
our users or us.
9. Privacy
We do not sell or rent your personal information to third parties
for marketing purposes without your consent. We view protection of users' privacy
as a very important community principle. We understand clearly that you and your
information is one of our most important assets. We store and process your information
on computers located in the European Community that are protected by physical as
well as technological security devices. If you object to your Information being
transferred or used in this way please do not use our services.
10. No warranty
We, our subsidiaries, employees and our suppliers provide our Web site and
services "as is" and without any warranty or condition, express, implied or statutory.
We, our subsidiaries, employees and our suppliers specifically disclaim any implied
warranties of title, merchantability, fitness for a particular purpose and non-infringement.
11. Liability limit
In no event shall we, our subsidiaries, employees or our suppliers be liable
for lost profits or any special, incidental or consequential damages arising out
of or in connection with our site, our services or this agreement (however arising,
including negligence).
12. Indemnity
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries,
affiliates, officers, directors, agents, and employees, harmless from any claim
or demand, including reasonable attorneys' fees, made by any third party due to
or arising out of your breach of this Agreement or the documents it incorporates
by reference, or your violation of any law or the rights of a third party.
13. Legal compliance
You shall comply with all applicable domestic and international laws, statutes,
ordinances and regulations regarding your use of our service and your listing, rent,
and rent-out of properties.
14. No agency
You and Yovi.es are independent contractors, and no agency, partnership,
joint venture, employee-employer or franchiser-franchisee relationship is intended
or created by this Agreement.
15. Notices
Except as explicitly stated otherwise, any notices shall be given by postal
mail to: Yovi.es or to the email address you provide to Yovi.es during the registration
process (in your case).
Notice shall be deemed given 24 hours after email is sent, unless the sending
party is notified that the email address is invalid. Alternatively, we may give
you notice by certified mail, postage prepaid and return receipt requested, to the
address provided to Yovi.es during the registration process. In such case, notice
shall be deemed given 3 days after the date of mailing.
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