Legal Notice

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General Terms of Use of the Website

  1. 1

    Purpose

    The purpose of this document is to establish the General Terms of Use of the Internet Website “fotocasa.es” and all other websites owned by Anuntis Segundamano España, S.L. (henceforth ASE), registered at Plaza Xavier Cugat, s/nº, 08174 Sant Cugat de Vallés, Barcelona, Spain, with Tax ID No. B82191354 and registered in the Barcelona Trade Register, Volume 37620, book 0, page 39, sheet B310296.

    ASE reserves the right to modify the present General Terms of Use in order to adjust them in conformity with the current applicable laws at any time.

    The present General Terms of Use do not exclude the possibility that certain Services on the Website, due to their specific nature, may be subjected, as well as to the General Terms of Use, to their own specific conditions of use (henceforth Specific Conditions).

    The utilization by the User of any of the Website Services implies their adherence to and express acceptance of all the General Terms of Use in the version published on the current site at the moment the user enters the site, as well as of the Specific Conditions which may be applicable.

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  2. 2

    Conditions of access to and use of the website.

    1. 2.1. User Status

      The use of any Service on the Website confers User Status on the user of the said Website.

    2. 2.2. Anuntis Segundamano España, S.L. reserves the right to publish, in full or partially, the Advertiser´s Advertisements on third-party websites in order to promote the website, and on other websites, such as blogs or social networking sites, and the Advertiser shall agree to this condition.

    3. 2.3. Required Registration

      In general, the User is not required to register to access the Services on the Website. However, there may be certain Services which do require the prior registration of the User. Should said registration be necessary, it will be expressly indicated as such on the page of the Service or in the Specific Conditions applicable thereto.

    4. 2.4. Gratuity of the Services

      In general, the Services provided through the Website are free of charge. However, the use of certain Services on the Website may, or may in future, be subject to payment in the form and under the terms defined in the Specific Conditions corresponding to the Service.

    5. 2.5. Use of the Website and its Services

      The User recognises and accepts that their use of the content and/or services offered on the Website is under their exclusive risk and/or responsibility. The User undertakes to use the Website and all of its content and Services in conformity with the law, ethics, public order and these General Terms of Use, as well as the Specific Conditions which in some cases may apply. Similarly, the User undertakes to use the services and content of the website properly and to refrain from using them to carry out illicit activities or for criminal purposes, going against the rights of third parties and/or breaching intellectual and industrial property regulations or any other applicable legal standards. The User knows and accepts that the website will send an automatic reply for each of the advertisements in which the User expresses interest and duly contacts the advertiser. In particular, the User undertakes not to broadcast, enter, distribute or pass on to third parties, any type of material or information (content information, messages, drawings, sound and image files, software, etc.) which may be prohibited by law, ethics, public order or the present General Terms of Use, or by the Specific Conditions, if applicable. For expository purposes, but in no case limited to or exclusively, the User undertakes:
      1. Not to enter or distribute any content or propaganda of a racist, xenophobic, pornographic or pro-terrorism nature, or which goes against human rights.
      2. Not to enter or distribute on the web any data programs (viruses or harmful software) which may cause damage to the computer systems of the access provider, his or her providers or third party Internet users.
      3. Not to distribute, broadcast or make available to third parties any kind of information, element or content which goes against basic rights and public liberties recognised by the constitution and in international treaties.
      4. Not to distribute, broadcast or make available to third parties any kind of information, element or content which constitutes illicit or unfair publicity.
      5. Not to broadcast unsolicited or unauthorised publicity, advertising material, “junk mail”, “chain letters”, “pyramid schemes” or any other form of solicitation, except in areas designated exclusively for this purpose (such as commercial offices).
      6. Not to enter or distribute any false, ambiguous or incorrect information or content which may cause confusion among recipients thereof.
      7. Not to distribute, broadcast or make available to third parties any kind of information, element or content which violates the rights of intellectual and industrial property, patents, trademarks or copyright pertaining to the owners of Websites or third parties.
      8. Not to distribute, broadcast or make available to third parties any kind of information, element or content which violates communications privacy and the legislation regarding personal data.
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  3. 3

    Intellectual or industrial property right

    The user acknowledges that all elements of the Website and each of the Services provided thereby, the information and materials contained therein, the structure, selection, layout and presentation of its content and the computer programs used in relation thereto are protected by ASE or third party rights of intellectual and industrial property.

    Unless previously authorised by ASE or by third parties with the relevant rights, or unless legally permitted, the user may not reproduce, transform, modify, disassemble, reverse engineer, distribute, rent, lend, make available or allow access to the public via any means of public communication of, any of the elements listed in the previous paragraph.

    In particular, the use of texts, images, advertisements or any other elements included in this website for their subsequent inclusion, either total or partial, in other websites that are unrelated to ASE without ASE' previous written authorisation ASEis strictly prohibited.

    The User shall use all materials, elements and information to which he or she has access through the use of the Website and each of its related Services exclusively for his or her own needs, and hereby undertakes not to carry out, either directly or indirectly, any commercial exploitation of either the services or the materials, elements or information obtained by means thereof.

    Similarly, the User must refrain from eluding or manipulating any technical provisions established by ASE or by third parties, regarding the Website, any of the Services or any of the materials, elements or information obtained by means thereof, for the protection of their rights. The User shall also refrain from eluding or manipulating any technical devices established by ASE or by third parties, whether on the Website or in any of the services or in any of the materials, elements or information obtained through it, for the protection of their rights.

    The user hereby authorises the reproduction, distribution and public communication of the photographs that he/she may insert in his/her advertisement for the purposes described in section 2.2. of this Legal Notice, as well as the ASE watermarks, in order to avoid their use by third parties without consent.

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  4. 4

    Disclaimer of warranty. Responsibility

    1. 4.1. Availability and Continuity of the Website and the ServicesASE does not guarantee the availability, access or continuity of operation of the Website or its Services.

      ASE will not be held responsible, according to the limits set by the current Legal System, for any damages caused to the User as a result of the unavailability, sign-in problems or lack of continuity of the Website and its Services.

    2. 4.2. Anuntis Segundamano Contents and ServicesASE

      ASE will be solely and exclusively responsible for the Services which it provides and for any Content directly originating from ASE and identified with its copyright. The said liability will be excluded in cases of force majeure, or in the event that the configuration of the User´s systems is considered to be unsuitable for the correct use of the Internet services provided by ASE. In any case, any liability of ASE towards the User for any matter shall be limited exclusively to amount of the costs incurred directly upon the user by ASE, excluding in all cases the liability for indirect damages or for loss of profit.

    3. 4.3. Third Party Content and Services

      ASE does not pre-test, approve nor produce any of contents, services, opinions, data communications, files, products or any form of information related to third parties or legal or physical persons included in the Website. Similarly, it does not guarantee the legality, reliability, usefulness, truthfulness, accuracy, exhaustiveness or currentness of any third party content, information or Services on the Website.

      ASE does not pre-test nor guarantee the absence of viruses or other elements in the Content and Services provided by third parties through the Website which may affect the computer system, electronic documents or files of the users.

      ASE will not be held responsible, either indirectly or as a subsidiary, for damages of any nature deriving from the use or purchase of any third party Content or Services on the Website, nor for the lack of lawfulness, usefulness, truthfulness, accuracy, exhaustivity and currency thereof. Including, but in no case limited to this provision, it shall not be liable for damages of any nature deriving from:

      1. the infringement of intellectual and industrial rights and the improper- or non-fulfilment of contractual obligations acquired by third parties;
      2. carrying out any activities of an untrue nature or producing illicit publicity;
      3. the unsuitability and deception of the expectations of third party Services and Content;
      4. the faults and defects of all types of third party Services and Content provided through the Website.

      ASE Anuntis Segundamano will not be held responsible, either indirectly or as a subsidiary, for damages of any nature caused to the User as a consequence of the presence of a virus or other elements in the Content and Services provided by third parties which may cause alterations to the computer system, electronic documents or files of the User.

      The exoneration of responsibility indicated in the previous paragraphs will apply should ASE have no effective knowledge that the activity or information held is legal or that it affects the assets or rights of a third party eligible for compensation, or should they have such knowledge, it shall act diligently to remove such data and content or block all access thereto.

    4. 4.4. User Conduct

      ASE does not guarantee that the Users of the Website use its Content and/or Services in conformity with the law, ethics, public order, or with these General Terms or, if applicable, with the Specific Conditions. Similarly, it does not guarantee the truthfulness, accuracy, exhaustiveness and/or authenticity of the data provided by its Users.

      ASE will not be held responsible, either indirectly or as a subsidiary, for damages of any nature deriving from the use of the Website Content and Services by its Users, or which may derive from the lack of truthfulness, accuracy and/or authenticity of the data or information provided by its Users or from the stolen identity of a third party by a User in any type of activity carried out through the Website. Including, but not limited to the following cases, ASE shall not be liable, either directly or collaterally, for:

      1. the contents, information, opinions or statements of any User, third parties or other entities communicated or exhibited through the Website;
      2. any damages caused to third parties deriving from the use of the Website Services and Contents by the User;
      3. any damages caused through the lack of truthfulness, accuracy or incorrect identity of users or of any information they provide or which they make accessible to other users;
      4. any damages deriving from infringements by any user which may affect the rights of another user or third party, including rights of copyright, trademark, patents, confidential information and any other intellectual or industrial property right.
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  5. 5

    Contracting with third parties via the website

    The User acknowledges and accepts that any contractual or extra-contractual relation which he or she may enter into with advertisers or third parties contacted through the Website, as well as his or her participation in contests, promotions or the purchase of goods or services, shall be considered to be carried out solely and exclusively between the User and the advertiser and/or third party. Consequently, the User accepts that ASE no tiene ningún tipo de responsabilidad sobre los daños o perjuicios de cualquier naturaleza ocasionados con motivo de sus negociaciones, conversaciones y/o relaciones contractuales o extracontractuales con los anunciantes o terceras personas físicas o jurídicas contactadas a través del Portal.
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  6. 7

    Protection of personal data

    Before completing the User Registration, you should read the following information on Data Protection and the Spanish Law on Information Society Services.
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  7. 8

    Termination

    Without prejudice to any damage liability which may arise, ASE may, immediately and without prior warning, terminate its relationship with the User, removing his or her access to the Website or its related Services, should it suspect that said Website or any of the Services related thereto are being used against the applicable General Terms or Specific Conditions. The User shall be liable for damages of any nature which may be suffered either directly or indirectly by ASE or any subsidiaries thereof, as a result of the non-fulfilment of any of the obligations deriving from the General Terms or Specific Conditions related to the use of the Website or of any of the Services connected thereto. Similarly, the user shall hold ASE and its subsidiaries harmless against any penalty, claim or demand which may be imposed by a third party, including any public organisations, against ASE, its employees or agents as a result of the violation of any third party rights by said User through the use of the Website or the Services connected thereto in a manner which goes against the provisions established in the applicable General Terms or Specific Conditions.
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  8. 9

    Other

    1. 9.1. Changes

      ASE reserves the right to make any changes it deems necessary, with permission to modify, remove or include new content and/or services, as well as the way in which they are presented and located.

    2. 9.2. Underage Users

      In general, to use the Services of the Website, underage persons must first obtain permission from their parents, tutors or legal representatives, who shall be responsible for all activities carried out through the website by minors under their responsibility. Access to certain services, which are expressly indicated to this effect, is restricted exclusively to persons over 18 years of age.

    3. 9.3. Terms of Use of Facebook Connect on fotocasa.es

      Facebook Connect is a service provided by Facebook through which users can take their social network with them to other websites. It enables a user to visit a website, in this case fotocasa.es, and to take his or her Facebook friends along "in a knapsack". When the user identifies himself or herself through “Connect with Facebook”, he or she can choose to share his or her activity with the rest of his or her Facebook friends who also use this fotocasa.es application. The said activity can be consulted at the address www.fotocasa.es. The activity in fotocasa.es that a user who connects with Facebook may choose to share with the rest of his or her friends who have also connected with Facebook on the fotocasa.es website, includes::
      • Advertisements of properties he or she has published so that his or her friends can help to disseminate them.
      • Advertisements selected as favourites so that his or her friends can rate and comment on them.
      • Comments and ratings regarding his or her friends´ favourites (visible to all common friends).
      • Saved searches to receive news by e-mail (for example, “I'm interested in flats for rent for sale in Pozuelo de Alarcón of at least 60 sqm”)
      Further, if the user wishes, he or she will also have the opportunity to publish the said actions in Facebook. For example, after publishing a flat on fotocasa.es, he or she may choose to publish a story on Facebook like this one: "I've put a flat on sale on fotocasa.es. Will you help me spread the word?" The section entitled Your activity on fotocasa.es enables the user to consult his or her entire activity and choose which information he or she wishes to share with the rest of his/her friends. By default, the user will not share any part of his or her history of actions on the website. At no time does Facebook or Fotocasa share any sort of private information regarding their users; the only purpose is the one established in these General Terms.
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  9. 10

    Duration and termination

    The provision of services and/or content from the Website is valid for an indefinite period of time. Without prejudice to the aforegoing, and pursuant to clause 8 of these General Terms, Anuntis Segundamano España, S.L. is empowered to terminate, suspend or interrupt one-sidedly, at any time and without having to give prior warning, the provision of the service and the Website and/or any of the services, without prejudice to the relevant provisions of the corresponding specific conditions.
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  10. 11

    Law and jurisdiction

    All matters relating to the Website are governed by the Laws of the Kingdom of Spain, and are subjected to the jurisdiction applicable at the User's domicile. Should the User reside outside of Spain, ASE and the User place themselves under the jurisdiction of the courts and tribunals of the city of Barcelona (Spain), and expressly renounce any other jurisdiction.
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  11. 12

    Use of cookies

    The Website uses a third party company to gather information, including the use of Cookies. Click herehttp://www.nielsen-netratings.com/privacy/sitecensus.htm and here http://www.google.com/intl/es/privacy.html and here http://www.247realmedia.es/ES-ES/privacy-policy.html and here http://direct.comscore.com/docs/comScoreHybridMeasurementAgreement.pdf for more information about how we use this third party service to gather information in the Portal. Likewise, cookies can be used to make it as easy as possible for the user to browse the Website, without the cookies providing references that make it possible to deduce the user´s personal details or the data on his/her computer´s hard drive. The installed Cookies will be deleted automatically once their function is fulfilled. Nevertheless, Users can configure their browser to receive notification of cookies sent by the Website and decline their installation, without affecting their access to the content of the Website. This site informs you that some servers can store a copy of the pages of the site accessed by users in their cache memory. This is for the exclusive purpose of enhancing traffic speed.
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Specific conditions governing the purchase of the advertising service

  1. 1

    General purchase terms

    1. 1.1. The purpose of this document is to establish the Specific Conditions of Use and On-line Purchase of the ADVERTISING Service (henceforth, the Service) provided by Anuntis Segundamano España, S.L.U. (henceforth Anuntis Segundamano) on the Internet websitehttp://www.fotocasa.es (henceforth, the Website).
    2. 1.2. The use and purchase of the Service entails and records the Advertiser´s express adhesion to and acceptance of these Specific Conditions of on-line Use and Purchase of the Service, as well as the General Terms of Use of the Website. The two documents constitute the General Terms of Purchase that will govern the relationship entered into by the Advertiser and Anuntis Segundamano. Henceforth, they shall be called the GENERAL TERMS OF PURCHASE.
    3. 1.3. In case of any discrepancy between the General Terms of Use of the Website and the Specific Conditions of on-line Use and Purchase of the ADVERTISING Service, the provisions of this document shall be applicable.
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  2. 2

    Description of the service

    1. 2.1. The Service consists of the insertion of advertisements in the on-line website www.fotocasa.es.
    2. 2.2. Anuntis Segundamano España, S.L. reserves the right to publish, in full or partially, the Advertiser´s Advertisements on third-party websites in order to promote the website, and on other websites, such as blogs or social networking sites, and the Advertiser shall agree to this condition.
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  3. 3

    Service modes

    1. 3.1. FREE ADVERTISEMENTS: Service Mode for advertisers who are private individuals in all categories. This mode allows its users to insert an advertisement free of charge, in these categories, which is published on the Website.
    2. 3.2. PAID ADVERTISEMENTS: Service Mode for advertisers who are professionals in all categories. It enables them to insert advertisements which are published on www.fotocasa.es.
    3. 3.3. HIGHLIGHTED PAID ADVERTISEMENTS: Service Mode for private and professional advertisers who wish to make their advertisements stand out by means of the highlighted format. There is no limit on the number of advertisements. The advertisements purchased are published on line.
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  4. 4

    Service purchase procedure

    1. 4.1. To insert advertisements on the Website, the advertiser must fill out the advertisement registration form. All advertisements must be previously processed by a validation service. This process may take between 24 and 48 hours to complete. During this period, the information in the advertisements can be seen by the professionals who have purchased the said service, even though their data may not yet have been validated. Once the service has validated an advertisement, Anuntis Segundamano will send the Advertiser a confirmation message via electronic mail.
    2. 4.2. From that point onwards, the advertiser´s data will be registered, and he or she may place or renew advertisements simply by identifying himself/herself. Once an advertiser has registered, each time he or she accesses the Place Your Adverts area, we will ask him or her for his/her electronic mail address and password to proceed with the insertion or renewal of advertisements.
    3. 4.3. Once he or she has registered, the user will have on-line access to the insertion and renewal of advertisements by identifying himself or herself using the form granting access to users by entering his or her e-mail address and password on the said form.
    4. 4.4. When the user wishes, he or she may modify his or her registration data by using the "Change data" link on the "Private User Management" or "Professional User Management" pages.
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  5. 5

    Advertisement publication standards

    As a general rule the publication of Free Advertisements on the Website will be subject to the following drafting rules:
    1. 5.1. Fill in all the sections of the Advertisement registration form.
    2. 5.2. Do not exceed the maximum limit of the advertisement text field.
    3. 5.3. To insert Advertisements you must correctly fill in the required fields that are indicated as such.

    4. 5.4. Likewise, the publication of Free Advertisements on the Websites will be subject to the following standards:

      1. Free advertisements are for private individuals only; the number of advertisements per advertiser is limited.
      2. Duplicate Advertisements will not be published.
      3. No Advertisements that include photographs with URLs (Internet addresses) or telephone numbers will be published.
      4. Advertisements including contact telephone numbers requiring payment of an increased rate (numbers of the 80x type) will be published.
      5. No Advertisements offering other means of contact (for example, SMS, etc.) will be published.
      6. Advertisements that should be posted in other categories will not be published.
      7. Advertisements that should be in paid categories, but are inserted in free categories, will not be published.
      8. No Advertisements will be published regarding firearms or any product, service or information that may be in violation of the law, ethics, public order or the editorial standards of the Website.
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  6. 6

    Limitation of liability

    1. 6.1. The Advertiser acknowledges and accepts that Anuntis Segundamano España´s maximum liability with respect to the Advertiser that may be derived from the insertion of Advertisements in the Website and in any of its subsidiary websites is the following: If Anuntis Segundamano fails to insert the Advertisement on the planned dates, if the Advertisement is not inserted in the form and according to the agreed terms, for technical reasons or reasons of any other nature, or for any other reason, the maximum liability is limited to the subsequent reinsertion of the Advertisement in a similar position and, if that is not possible or if Anuntis Segundamano so decides, the reimbursement of the proportional part of the price per Advertisement actually paid by the Advertiser.
    2. 6.2. In no case shall Anuntis Segundamano be liable for damages of any other nature, whether they are real, indirect or of any other type, nor for the loss of profit that the Advertiser may have incurred due to the failure to publish any Advertisement punctually and/or correctly.
    3. 6.3. Anuntis Segundamano shall not be liable for delays, incorrect publication nor failure to publish that are the result of events or circumstances beyond its control, including, for expository purposes and by no means limited to government action, fire, flood, insurrection, earthquake, technical fault, riot, explosion, embargo, legal or illegal strike, shortage of personnel or materials, transport interruption of any type, delay in work or any other circumstance beyond the control of Anuntis Segundamano.
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  7. 7

    Advertiser´s declarations and guarantees/compensations

    1. 7.1. The insertion of Advertisements in the Website is done in consideration of these declarations and guarantees made by the Advertiser.
    2. 7.2. The Advertiser has the right to publish the content of the Advertisement, without violating the law nor any third party´s rights, including industrial and intellectual property rights. It shall be the Advertiser´s responsibility to obtain all the public or private authorizations, and to make all the payments for the use of the intellectual and industrial property rights that the Advertisement may contain. The Advertiser declares his/her knowledge that Anuntis Segundamano has agreed to insert the Advertisement on the basis of this declaration and guarantee.
    3. 7.3. The Advertiser, as well as the Advertisement, its content and any Advertiser´s material that Website Users may access through the advertisement, are compliant with the standards in force regarding advertising, to include advertising on electronic and on-line media, as well as any other applicable standard, and, in particular, the standards relative to telecommunications, the protection of consumers and users, the right to honour, to privacy and one´s own image, and the protection of minors and infants..
    4. 7.4. The inclusion of the advertisement on the Website or on any of the subsidiary websites does not entail the non-compliance with nor the violation of any legal and/or contractual obligations undertaken by the Advertiser with third parties.
    5. 7.5. The Advertiser shall be the only party responsible, with respect to Website Users and third parties, for the text and information contained in the Advertisement. Thus, for expository and by no means limiting purposes, Anuntis Segundamano shall not be directly, indirectly nor collaterally liable for damages of any nature that may be derived, for Website users and/or third parties, from the lack of truthfulness, accuracy, and/or authenticity, or legality of the data or information contained in the Advertisement inserted.
    6. 7.6. The Advertiser acknowledges and accepts that any contractual or extra-contractual relationship that may be entered into with Website users or third parties contacted through the Website are understood to be executed solely between the Advertiser and the Website User and/or the third party. Consequently, the Advertiser accepts that Anuntis Segundamano has no type of liability, either direct, indirect or collateral, with regard to the damages of any nature that may be caused to the Website Users and/or third parties by reason of the negotiations, conversations and/or contractual or extra-contractual relationships that they may enter into with the Advertiser.
    7. 7.7. In any case, the Advertiser agrees to compensate Anuntis Segundamano, as soon as it is required to do so, for all the expenses, costs, damages and losses of any type (including solicitors´ and clerks´ fees, even if their involvement is not mandatory) incurred by Anuntis Segundamano as the result of any claim, real or imminent, of any type, relative to the publication or communication to the public of the advertisement or of its content, including those based on the violation of industrial or intellectual property rights, slander, defamation, failure to comply with the duty of confidentiality, disclosure of secrets, non-fulfilment of any legal or regulatory duty and/or of illicit, false or deceptive advertising.
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  8. 8

    Anuntis Segundamano´s right to reject the advertisement

    1. 8.1. Anuntis Segundamano does not undertake to review the contents of any Advertisement before it is published, and any review or approval made by Anuntis Segundamano must not be understood to be an acceptance that the Advertisement in question complies with the terms of the GENERAL TERMS OF PURCHASE.
    2. 8.2. Anuntis Segundamano reserves the right, which may be exercised at any time and at its discretion, to:
      1. 8.2.1. Reject any Advertisement, the order of insertion of advertisements, or location commitment.
      2. 8.2.2. Eliminate any advertisement from the Anuntis Segundamano Directory or any page.
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  9. 9

    General payment terms

    1. 9.1. Once the advertisement has been inserted by the professional, payment must be made by credit card. The reception of the proof of payment by credit card shall define the time of commencement of the publication of the advertisement or the time of initiation of the renewal service purchased.
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  10. 10

    Other

    1. 10.1. Anuntis Segundamano reserves the right to make the changes it may deem appropriate in the GENERAL TERMS OF PURCHASE, as well as in the prices of the Service.
    2. 10.2. The prices of the service for each of the modes shall be those established in the relevant pages of the Website for each service, and shall be valid during the time they remain accessible to the User.
    3. 10.3. As a general rule, Anuntis Segundamano informs the Advertiser that it will not archive the electronic document in which the purchase of the Service is formalized. It further informs the Advertiser that the Service Purchase Procedure and all the contractual documents that will govern the relationship entered into will be drafted in the Spanish language.
    4. 10.4. The GENERAL TERMS OF PURCHASE that are to govern the relationship between Anuntis Segundamano and the Advertiser shall be applicable as from the beginning of the On-line Service Purchase Procedure cited in this document until the end of the time period for which the insertion of the Advertisement(s) was purchased in any of the editions of Anuntis Segundamano.
    5. 10.5. The use and purchase of the Service will be subject to the Website´s Data Protection Policy.
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  11. 11

    Applicable law and competent jurisdiction

    1. 11.1. All matters relative to the use and purchase of the Service are governed by Spanish laws and are subject to the jurisdiction of the competent courts and tribunals of the Kingdom of Spain.
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fotocasa.es conforms to Organic Law 15/1999 from December, on the Protection of Personal Data Copyright Fotocasa 2012 - All rights reserved · Legal notice · Data protection

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