Homein terms of service, as with all terms & conditions. We recommend you read this before signing up to advertise your real estate with Homein
1. Your relationship with Homein
1.1.Your use of Homein services, software, products, web sites, content, photograhs, audiovisual material and graphics (referred to collectively as the "Services" in this document and excluding any services provided to you by Homein under a separate written agreement) is subject to the terms of a legal agreement between you and Homein. This document explains how the agreement is made up, and sets out some of the terms of that agreement. "Homein" means Paul Lupson, whose principal place of business is at Rambla de Catalunya 87,5.3. Barcelona, 08011, Spain.
1.2 The terms and conditions set out in this document are referred to below as the "Universal Terms". Unless otherwise agreed in writing with Homein, your agreement with Homein will always include, at a minimum, these terms and conditions (Universal Terms).
1.3 Your agreement with Homein will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the "Additional Terms". Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
1.4 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
1.5 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Homein in relation to your use of the Services. Collectively, this legal agreement is referred to below as the "Terms". It is important that you take the time to read them carefully.
2. Accepting the Terms
2.1 In order to use the Services, you must firstly agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by: (A) clicking to accept or agree to the Terms, where this option is made available to you by Homein, or (B) by actually using the Services. In this case, you understand and agree that Homein will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Homein, or (b) you are a person barred from receiving the Services under the laws of Spain or other countries including the country in which you are resident or from which you use the Services.
2.4 Before you continue, you should print off or save a local copy of the Universal Terms for your records.
3. Language of the Terms
3.1 You agree that the English language versions of the Terms will govern your relationship with Homein. Where Homein has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only.
3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
4. Provision of the Services by Homein
4.1 Homein may have subsidiaries and affiliated legal entities around the world ("Subsidiaries and Affiliates"). Sometimes, these companies will be providing the Services to you on behalf of Homein itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
4.2 Homein is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Homein provides may change from time to time without prior notice to you.
4.3 As part of this continuing innovation, you acknowledge and agree that Homein may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Homein's sole discretion, without prior notice to you.
4.4 You acknowledge and agree that if Homein disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
4.5 You acknowledge and agree that while Homein may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Homein at any time, at Homein's discretion.
5. Use of the Services by you
5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Homein will always be accurate, correct and up to date.
5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions including any laws regarding the export of data or software to and from Spain or other relevant countries.
5.3 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5.4 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Homein, unless you have been specifically allowed to do so in a separate written agreement with Homein.
5.5 Unless you have been specifically permitted to do so in a separate written agreement with Homein, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5.6 You agree that you are solely responsible for (and that Homein has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Homein may suffer) of any such breach.
6. Your passwords and account security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible to Homein for all activities that occur under your account.
6.3 If you become aware of any unauthorised use of your password or of your account, you agree to notify Homein immediately sending an email to help@Homein.com
7. Privacy and your personal information
7.2 Homein binds itself to the fulfillment of its obligation protecting the data of particulars and its obligation of keeping them, and shall take the necessary measures in order to avoid its alteration, loss, treatment or non authorized access, under what it is established in the regulation of security measures of the automated files which contain data of particulars, approved by royal decree 994/1999 on July 11th.
7.3 You agree to the use of your data in accordance with Homein's privacy policies.
8. Content in the Services
8.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content". The prices and rest of the information shown in the Services do not constitute a contractual offer and they are published with the object of merely informing. You accept and understand that Homein is not responsible for the existence of mortgages, seizure of properties, taxes or any other charges that the properties included in Homein web site may be affected.
8.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Homein (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Homein or by the owners of that Content, in a separate agreement.
8.3 Homein reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
8.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
8.5 You agree that you are solely responsible for (and that Homein has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Homein may suffer) by doing so.
9. Proprietary rights
9.1 You acknowledge and agree that Homein (or Homein's licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Homein and that you shall not disclose such information without Homein's prior written consent.
9.2 Unless you have agreed otherwise in writing with Homein, nothing in the Terms gives you a right to use any of Homein's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
9.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Homein, then you agree that your use of such features shall be in compliance with that agreement.
9.4 Other than the limited license set forth in Section 11, Homein acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Homein, you agree that you are responsible for protecting and enforcing those rights and that Homein has no obligation to do so on your behalf.
9.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
9.6 Unless you have been expressly authorised to do so in writing by Homein, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.
10. Licence from Homein
10.1 Homein gives you a personal, worldwide, non-assignable and non-exclusive licence to use the software provided to you by Homein as part of the Services as provided to you by Homein (referred to as the "Software" below). This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Homein, in the manner permitted by the Terms. You accept to use the Services for your sole use and not for resale, transfer or disposal for the use or profit of any other person or firm.
10.2 You may not (and you may not permit anyone else to) copy, reproduce, distribute, publish, display, modify, empty-out, transfer or create a derivative work of, reverse engineer, decompile any part of the Services or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Homein, in writing. Furthermore, you may not distribute any part of the Services through any way, including among others, television or radio, a computer network or a hypertext frame in internet unless you have been specifically told that you may do so by Homein, in writing.
10.3 Unless Homein has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
11. Content licence from you
11.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Homein a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This licence is for the sole purpose of enabling Homein to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
11.2 You agree that this licence includes a right for Homein to make such Content available to other companies, organisations or individuals with whom Homein has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
11.3 You understand that Homein, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit Homein to take these actions.
11.4 You confirm and warrant to Homein that you have all the rights, power and authority necessary to grant the above licence.
12. Software design and functionality updates
12.1 The Software which you use, in this case the Homein website may have the design and functionality changed at any time. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions.
13. Ending your relationship with Homein
13.1 The Terms will continue to apply until terminated by either you or Homein as set out below.
13.2 If you want to terminate your legal agreement with Homein, you may do so by (a) notifying Homein with a period of 30 days notice and (b) closing your accounts for all of the Services which you use, where Homein has made this option available to you. Your notice should be sent, in writing, to Homein's address which is set out at the beginning of these Terms. The mentioned notice will need to have the following data: name and surname of the user, registered name of the company and address with the object of notification, photocopy of the identity card or passport, and petition in which the application is concreted. In case of representation, it must be proved through a certifying document.
13.3 Homein may at any time, terminate its legal agreement with you without prior notice if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) Homein is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the partner with whom Homein offered the Services to you has terminated its relationship with Homein or ceased to offer the Services to you; or
(D) Homein is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(E) the provision of the Services to you by Homein is, in Homein's opinion, no longer commercially viable.
(F) you fail to pay the invoices for services rendered issued to you by Homein.
13.4 Nothing in this Section shall affect Homein's rights regarding provision of Services under Section 4 of the Terms.
13.5 When the legal agreement between you and Homein terminates you will stop using the Services and you will destroy all the material and copies that you obtained from it.
13.6 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Homein have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 21.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
14. Exclusion of Warranties
14.1 The Services are provided "as is" and Homein, its Subsidiaries and Affiliates, and its licensors give you no warranty with respect to them.
14.2 In particular, Homein, its Subsidiaries and Affiliates, and licensors do not represent or warrant to you that:
(A) your use of the Services will meet your requirements,
(B) your use of the Services will be uninterrupted, timely, secure or free from error,
(C) any information obtained by you as a result of your use of the Services will be accurate or reliable,
(D) that defects in the operation or functionality of any Software provided to you as part of the Services will be corrected,
(E) that the Services are compatible with any of your equipment and
(F) the Services have no cookies, errors, viruses, worms or trojan horses, from which damages Homein is not responsible for.
14.3 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Services except to the extent that they are expressly set out in the Terms.
14.4 Nothing in the Terms shall affect those statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
15. Limitation of Liability
15.1 Nothing in these Terms shall exclude or limit Homein's liability for losses which may not be lawfully excluded or limited by applicable law.
15.2 Subject to overall provision in paragraph 15.1 above, Homein, its Subsidiaries and Affiliates, and its licensors shall not be liable to you for:
(A) any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you;
(B) any loss or damage which may be incurred by you as a result of:
(i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services;
(ii) any changes which Homein may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);
(iii) the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Services;
(iiii) your failure to provide Homein with accurate account information;
(iv) your failure to keep your password or account details secure and confidential;
15.3 The limitations on Homein's liability to you in paragraph 15.2 above shall apply whether or not Homein has been advised of or should have been aware of the possibility of any such losses arising.
16. Copyright and trade mark policies
16.1 It is Homein's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law and to terminating the accounts of repeat infringers.
17.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
17.2 The manner, mode and extent of advertising by Homein on the Services are subject to change without specific notice to you.
17.3 In consideration for Homein granting you access to and use of the Services, you agree that Homein may place such advertising on the Services.
18. Other content
18.1 The Services may include hyperlinks to other web sites or content or resources. Homein may have no control over any web sites or resources which are provided by companies or persons other than Homein.
18.2 You acknowledge and agree that Homein is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
18.3 You acknowledge and agree that Homein is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
19. Changes to the Terms
19.1 Homein may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, Homein will make a new copy of the Universal Terms available at http://www.Homein.com/terms.html and any new Additional Terms will be made available to you from within, or through, the affected Services.
19.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, Homein will treat your use as acceptance of the updated Universal Terms or Additional Terms.
20 Click/Impression counting of full details page impressions. You accept and understand:
20.1 Homein uses a 'Pay Per Click' (PPC) billing system. You also accept and understand that the word 'Click' used in the phrase 'Pay Per Click' by Homein or in any explanation, paragraph, mail, message or any other site where the word is used by Homein related to the system 'Pay Per Click' refers to a page impression.
20.2 The 'full details page' is the page where the impression made is counted. The full details page contains information related to the location, price, size, description, photographs, other multi-media and full contact details of the adevtiser of Homein. The details page is reached from the initial navigation page or directly by an end user that has received the link via an email alert noting related home characteristics and criteria the system will send to subscribed end users who have configured such email alerts. The full details page may also be reached by any other method that may be developed in future design or navigation changes to the system.
20.3 The Homein system will count the clicks/impressions an advertisers full details page receives and it is this figure that is definitive and is used to calculate costs that apply to billing. If a client feels there has been a possible fraudulent click attack by a third party it must be notified immediately to help@Homein.com. Incidences of click fraud will be investigated by Homein engineers and their outcome will be definitive and final.
21. General legal terms
21.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
21.2 The Terms constitute the whole legal agreement between you and Homein and govern your use of the Services (but excluding any services which Homein may provide to you under a separate written agreement), and completely replace any prior agreements between you and Homein in relation to the Services.
21.3 You agree that Homein may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
21.4 You agree that if Homein does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Homein has the benefit of under any applicable law), this will not be taken to be a formal waiver of Homein's rights and that those rights or remedies will still be available to Homein.
21.5 You accept to compensate, defend and protect Homein against any claim, formal complaint or any other legal procedure started against Homein, as such claim, formal complaint or any other legal procedure is based on or arises in relationship with the Services or any link to itself, including among others
(i) the use made by you or another person that uses the Services in your computer;
(ii) the noncompliance of the general terms of rendering of the Services made by you or by another person that uses your computer;
(iii) the claim that the use of the Services made by you or another person breaks the rights of copyright (as it is defined here) of third parties, or personality and advertising rights, constitutes libel, or be libelous, or be prejudicial or noxious by third parties;
(iv) any omission, addition, insertion or alteration, or any not authorised use of the Services made by you or another person that uses your computer (depending on the case);
(v) the falsification or alteration of the declaration or guarantee made by you included in this document.You accept to pay all the costs, damage or loss, including, without exhaustive character, the reasonable fees for legal services and incurred costs, related to or emerged because of claims, formal complaints or other procedures related to them.
21.6 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
21.7 You acknowledge and agree that each member of the group of companies of which Homein is may be the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
21.8 You may establish a link from other web sites to the principal page of the Homein website, at present located at http://www.Homein.com by making a request in writing to help@Homein.com. You can not link Homein websites with any web site which contains offensive, defamatory, illegal, obscene, indecent, unlawful or inappropriate materials, nor materials or information that violate any copyright, property rights, pertinent privacy or advertising rights.
21.9 The Terms, and your relationship with Homein under the Terms, shall be governed by Spanigh law). You and Homein agree to submit to the exclusive jurisdiction of the courts of Spain to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Homein shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.