1. INTRODUCTION AND ACCEPTANCE
Please read this Terms of Service Agreement (these “Terms”) carefully, as it constitutes legally binding terms and conditions between you, as the user of our Sites and Apps, and WISELAND MARKETING SLU and its affiliates (“we” “us” or “our”). These Terms apply to your use of and access to our Sites and Apps, and apply whether you are accessing our Sites and Apps via a wireless or mobile device, a tablet a personal computer or any other technology or device (each, a “Device”). If you are entering into these Terms in connection with your employment, you represent to us that you are authorized to bind your employer and all references to “you” and “your” shall refer to you and your employer. If you do not agree to these Terms, then you have the choice not to utilize our Sites or Apps.
These Terms, and any additional terms we may provide regarding other products and services we may offer you, are incorporated in these Terms (the “Additional Terms”). Transparency over how we collect, safeguard and use your information is of paramount importance to us. For more information regarding the collection, use, sharing and transfer of your information, please refer to our Privacy & Cookie Policy. Any capitalized terms used but not defined herein shall have their respective meanings in the Privacy & Cookie Policy.
2. INTELLECTUAL PROPERTY RIGHTS
Ownership
As between you and WISELAND MARKETING SLU , WISELAND MARKETING SLU owen the Sites and Apps, including all of the content (e.g., audio-visual content, photographs, audio, images, illustrations, graphics, video, copy, software, etc.), code, data and materials displayed on or otherwise made avaible through the Sites and Apps, including as contained in any advertisements and the “look and feel” of such content (collectively, “Content”). This includes all intellectual property and proprietary rights in such Content. When you use the Sites or Apps, or download materials from the Sites or Apps, you do not acquire any ownership of any such Content. The Sites and Apps are only for your personal, non-commercial use. You may not make any commercial use of the Sites or Apps, or any Content made available on the Sites and Apps, unless you have received our prior written permission.
Trademarks
The trademarks, logos, service marks, and trade names (collectively the “Trademarks”) displayed on the Sites and Apps are registered and unregistered Trademarks of WISELAND MARKETING SLU and may not be used in any manner that is likely to cause customer confusion, or that disparages or discredits WISELAND MARKETING COMPANY . You do not receive, by implication or otherwise, any license or right to use any Trademark or Content displayed on the Sites and Apps without our prior written permission, which may be withheld in our sole discretion.
Restrictions
Except as we expressly permit, you may not download, display, copy, distribute, modify, perform, transfer, create derivative works from, sell, or otherwise exploit any Content on the Sites and Apps. The framing or scraping of or in-line linking to our Sites and Apps or any Content, and/or the use of webcrawler, spidering or other automated means to access, copy, index, process and/or store any Content, other than as expressly authorized by us, is prohibited. You further agree to abide by exclusionary protocols (e.g., Robot.txt, Automated Content Access Protocol (ACAP), etc.) used in connection with our Sites and Apps. Additionally, you are not permitted to alter, delete or conceal in any manner any copyright, Trademark, or other notices contained on our Sites and Apps, including, without limitation, notices on any Content you transmit, display, print, stream or reproduce from our Sites and Apps. Any unauthorized or prohibited use of any Content may violate or infringe copyright and other laws of the SPAIN and other countries, as well as applicable local and state laws, and may subject you to liability for such unauthorized use.
3. USER CONDUCT.
We want to keep our Sites and Apps safe and enjoyable for everyone and the use of our Sites and Apps for unlawful or harmful activities is expressly prohibited. You agree that, while using our Sites and Apps, you shall not:
Engage in or encourage conduct that would violate any applicable law, rule, regulation, judicial or government order or give rise to civil liability or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity or other rights of ours or of any other person or entity;
Submit, post, email, display, transmit or otherwise make available through our Sites and Apps any material or take any action that is or is likely to be unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, profane, obscene or vulgar, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
Submit, post, email, display, transmit or otherwise make available through our Sites and Apps any material that you do not have a right to make available under any law, rule or regulation or under contractual or fiduciary relationships (such as inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), or otherwise creates a security or privacy risk for any other person or entity;
Engage in or encourage conduct that affects adversely or reflects negatively on our brand, Sites and Apps, business, goodwill or reputation or causes duress, distress or discomfort to us or anyone else, or discourage any person from using our Sites and Apps, or from advertising or becoming a supplier to us in connection with our Sites and Apps;
Submit, post, email, display, transmit or otherwise make available through our Sites and Apps any material that contains a software virus, worm, spyware, Trojan horse or other computer code, file or program designed to interrupt, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Except as expressly permitted herein, use our Sites and Apps for commercial or business purposes;
Modify, disrupt, impair, alter or interfere with the use, features, function, operation or maintenance of our Sites and Apps or the rights or use or enjoyment of our Sites and Apps by any other user;
Impersonate any person or entity or falsely state or otherwise represent your affiliation with any person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted on, through or in connection with our Sites and Apps;
Solicit passwords or personal identifying information for commercial or unlawful purposes from other users or engage in spamming, flooding, harvesting of email addresses or other personal information, “spidering”, “screen scraping”, “phishing”, “database scraping”, or any other activity with the purposes of obtaining lists of other users or other information, including transmitting or facilitating in the transmission of junk email, chain letters, duplicative or unsolicited messages;
Modify, reverse engineer, decompile or disassemble any part of our Sites and Apps, whether in whole or in part, or create any derivative works from any part of our Sites and Apps, or encourage, assist or authorize any other person to do so; or
Submit, post, email, display, transmit or otherwise make available through our Sites and Apps any information, materials or content (and/or engage in or encourage conduct or other activities) that are, or could be perceived as, false, incorrect, misleading or deceptive.
WISLENAD MARKETING assumes no responsibility for monitoring our Sites and Apps for inappropriate, false, incorrect, misleading, deceptive or unlawful content, information, materials or conduct posted by or on behalf of a third party.
If at any time WISELAND MARKETING chooses in its sole discretion to monitor our Sites and Apps, WISELAND nonetheless assumes no responsibility for User Postings (as hereafter defined), assumes no obligation to modify or remove any User Postings, and no responsibility for the conduct of any user. WISELAND MARKETING reserves the right to investigate and take appropriate legal action against anyone who, in WISELAND ’s sole discretion, violates, or is suspected of violating, this Section 3, including, without limitation, reporting you to law enforcement authorities.
4. USER POSTINGS.
Our Sites and Apps may provide you with an opportunity to submit, post, email or otherwise make available comments, reviews and feedback via our Sites and Apps (collectively, “User Postings”). We do not acquire any ownership rights in the User Postings, other than the license you grant to us herein. You also represent that you own the User Posting posted by you or otherwise have the right to grant the rights, licenses and privileges described in these Terms. You acknowledge that we may use them throughout the world for any purpose, in any form or format, on or through any media or now known or hereafter developed, including the right to modify, edit, create derivative works and translate such User Postings. We may do so without notice to you and without paying any compensation to you. All User Postings are and will be considered non-confidential and non-proprietary. User Postings do not reflect the views of WISELAND MARKETING , and you understand that by using our Sites and Apps, you may be exposed to other people’s User Postings that could be offensive, indecent or objectionable and, as such, WISELAND MARKETING does not guarantee the accuracy, integrity, quality or content of any User Postings. We have the right, but not the obligation, to review any User Posting and to delete, remove, move, edit or reject, without notice to you, for any reason or for no reason. Under no circumstances shall Wiseland Marketing be liable in any way for User Postings, including, without limitation, errors or omissions in any User Postings, or any loss or damage of any kind incurred as a result of any User Postings made available.
5. THIRD PARTY SERVICES AND CONTENT.
The appearance, availability, or your use of any third party websites (whether in the form of a hyperlink or redirect), platforms, data or materials (“Third Party Services”) referenced or included anywhere in connection with our Sites and Apps does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of WISELAND MARKETING . If any Third Party Services you interact with obtains or collects personal information from you, in no event shall we assume or have any responsibility or liability. Accordingly, we encourage you to be aware when you leave our Sites and Apps and to read the terms and conditions and privacy policy of each Third Party Service you use.
6 . ADVERTISEMENTS.
From time to time, you may choose to communicate with, interact with, or obtain Third Party Services from our advertisers, sponsors, or other promotional partners (collectively, “Advertisers”) found on or through our Sites and Apps or via a hyperlinked website, service or platform. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertisers or any goods or services you may purchase or obtain from any Advertiser).
7. INDEMNITY.
You agree to indemnify, defend and hold WISELAND MARKETING , its affiliates, and parent company, and their respective successors and assigns, present and former directors, officers, employees, representatives, agents, licensors, advertisers, partners, suppliers and service providers harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees), arising in any way out of or in connection with (a) your use of our Sites and Apps, (b) your breach or violation these Terms or (c) your User Postings. WISELAND MARKETING reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you and all negotiations for its settlement or compromise, and you agree to fully cooperate with us upon our request.
8. DISCLAIMER AND LIMITATIONS OF LIABILITY.
THE SITES AND APPS, AND ALL CONTENT, PRODUCTS, SERVICES AND USER POSTINGS MADE AVAILABLE ON, THROUGH OR IN CONNECTION THEREWITH, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WISELAND MARKETING , ITS AFFILIATES, PARENT COMPANY, SUCCESSORS AND ASSIGNS, PRESENT AND FORMER OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, PARTNERS, SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITES OR APPS WILL BE AVAILABLE FOR USE, OR THAT ANY PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE SITES AND APPS. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE SITES AND APPS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WISELAND MARKETING , ITS AFFILIATES, PARENT COMPANY, SUCCESSORS AND ASSIGNS, PRESENT AND FORMER OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, PARTNERS, SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITES AND APPS OR FROM THESE TERMS, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES. TO THE EXTENT COMPANY MAY NOT, AS A MATTER OF APPLICABLE LAW, LIMIT ITS LIABILITIES, THE EXTENT OF COMPANY’S LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THE CAPACITY OF THE SITES AND APPS, IN THE AGGREGATE AND FOR EACH USER, IS LIMITED. CONSEQUENTLY, SOME MESSAGES, CONTENT AND TRANSMISSIONS, INCLUDING, WITHOUT LIMITATION, USER POSTINGS, MAY NOT BE PROCESSED IN A TIMELY FASHION OR AT ALL, AND SOME FEATURES OR FUNCTIONS MAY BE RESTRICTED OR DELAYED OR BECOME COMPLETELY INOPERABLE. AS A RESULT, YOU ACKNOWLEDGE AND AGREE THAT COMPANY ASSUMES NO LIABILITY, RESPONSIBILITY OR OBLIGATION TO TRANSMIT, PROCESS, STORE, RECEIVE OR DELIVER TRANSACTIONS OR USER POSTINGS OR FOR ANY FAILURE OR DELAY ASSOCIATED WITH ANY USER POSTINGS AND YOU ARE HEREBY EXPRESSLY ADVISED NOT TO RELY UPON THE TIMELINESS OR PERFORMANCE OF THE SITES OR APPS FOR ANY TRANSACTIONS OR USER POSTINGS. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES, ACCORDINGLY SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THIS AGREEMENT MAY NOT APPLY TO YOU.
9. CUSTOMER SUPPORT.
For assistance with technical issues or customer support inquiries, please send an email to info@wiselandtravelanddiving.com.
What personal data we collect and why we collect it
Comments
When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.
Media
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
Contact forms
Cookies
If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
Embedded content from other websites
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.
Analytics
Who we share your data with
How long we retain your data
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
What rights you have over your data
f you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
Contact:
Phone: +34960439610E-mail :info@wiselandtm.com
Revised sept 2022