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TERMS OF SERVICE




Breaking Molds S.L. (henceforth referred to as Trourist or The Portal) observes the requirements established by Spanish Law 34/2002 regarding Information on Company Services and Electronic Commerce, Spanish Law 56/2007, Impulse for the Information Company, as well as Spanish Organic Law 15/1999, (December 13) relating to Personal Data Protection and its development regulation (RD 1720/2007, December 21st ), and thereby has created the following Terms of Service:

Breaking Molds S.L.
CIF: B75001669
Paseo de Mikeletegi 56, edificio B8 1º Planta 20009 San Sebastian (Spain)
hello@trourist.com
(+34)665055807

The following Terms of Service regulate the access and use of The Portal, and its contents and services made available to Users in and/or through the Portal, either by Trourist, or its Users, or third-parties. By using or accessing Trourist, you must agree to the following Statement.

FIRST: SERVICE OBJECT.

Trourist offers a free service in which the registered Users can share their experiences on trips through the publication of images, commentaries, information, and so forth.

SECOND: TERMS.

The use of The Portal will be subject to the Terms of Service. Trourist may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. If the User decides not to accept the present Terms of Service, he or she should avoid accessing and/or using the contents and/or services offered by Trourist.

Fair Use of The Portal: The User agrees to make fair use of The Portal and not utilize it to carry out unfair or illegal activities such as, but not limited to; or cause damages in the physical and logical systems of The Portal, or to its providers or third parties, by introducing or spreading in the computer network any physical or logical virus or any other systems that could cause the damages previously mentioned, including all those actions that would cause harm to the personal privacy or public image, including property of copyright along with rights of any nature by a third party resulting from the transmission, diffusion, storage, reception, procurement or access to the contents or to the public image of third parties; the accomplishment of acts of unfair competition and undue publicity resulting from the transmission, diffusion, storage, reception, procurement or access to the contents; the lack of veracity, precision, exhaustivity, pertinence and/or lack of relevance. The User specifically acknowledges that Trourist will incur no liability for User submissions or the defamatory, offensive, or illegal conduct of any third-party and that the risk of harm or damage resulting from the foregoing rests entirely with the User.

The User is the only person responsible for the contents made available in The Portal. For this reason, he is committed to publish (or upload) any file (meaning video, audio, text, image, link and so forth.) that is subject to third-party proprietary rights, including privacy and publicity rights, unless The User is the owner of such rights or has permission from the rightful owner to post the material and to grant Trourist all the license rights granted.

Trourist disclaims any responsibility for damages of any nature whatsoever, resulting from The User’s access to and use of its Portal. Any User claiming a violation of his or her rights, should communicate said violation to The Portal at the following e-mail address: abuse@trourist.com Use and Safekeeping of the User name and password. The User agrees to make diligent use of the User name and password in addition to keeping them secure and secret. It will be the User’s sole responsibility to maintain the secrecy of his or her password, assuming all expenses and/or damages of any kind caused by the loss of its secrecy, as well as any damage caused by the unauthorized use of The User’s password. The User must notify Trourist immediately of any breach in security or unauthorized use of the account.

Cancellation of access, services and contents. Trourist will be able, at its sole discretion, to deny, withdraw, suspend and/or block at any time and with no prior warning access to the contents or services to those users who fail to fulfill these terms, cancelling their accounts and all information and archives relative to The User or, in its case, denial of access to the User of said archives or services. Trourist will not assume any responsibility for the cancellation of access to the service. Trourist reserves for itself the right to limit, wholly or in part, the access to specific services by The User, as well as canceling, suspending, blocking or eliminating contents by using the appropriate technological instruments in case of any illegal conduct or violation of the Terms of Service.

The User recognizes and accepts that Trourist can cancel any account or render it inactive during an 18-month period. Communication and Notification: All communication and notification will be considered enforceable when it is made through the electronic mail address provided by the User. The User is obligated to keep Trourist informed of any change in his or her personal data as well as the e-mail address that The Portal may use to inform the User of information considered necessary. The User recognizes that all data provided is absolutely truthful.

THIRD: COPYRIGHT

The User grants Trourist and other users, a world-wide and non-exclusive license to make any use of or carry out any act of reproduction, diffusion, public communication or distribution of the files made available through The Portal.

All contents of the Webpage including, but not limited to: characters, texts, graphs, images, designs and property of copyright that may be linked to these contents, along with all trademarks, names or other distinguishing signs that are the property of Trourist and its legitimate holders. Trourist will not be responsible for damages that may derive from the use of contents by Users or the infraction of any legal disposition of same.

FOURTH: UNDER-AGE USERS

The User affirms that he or she is older than 18 years of age, an emancipated minor, or possesses legal parental or guardian consent, and he or she is fully able and competent to agree to the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and will abide by and comply with these Terms of Service. Trourist understands that if a minor has access to The Portal, he or she has the permission and consent of his or her parent(s), guardian(s) or legal representative(s).

Since Internet can make available contents that may not be appropriate for under-aged Users, it is necessary to mention that mechanisms exist, in particular computer filter and blocking programs, that allow for the limitation of available contents, which while not complete or perfect, allow for the control and restriction of those materials that minors can access.

FIFTH: COOKIES AND LINKS

For the purposes of the terms contained herein, there exist logical files of information in the User’s terminal that facilitate web navigation (e.g.: non-request of the User name and/or password). The User may configure the browser to prevent installation of these files.

Trourist does not assume any responsibility for the external links that may be posted/included in The Portal since it lacks control and does not exercise censorship of any kind. The User accesses them under his sole responsibility and under the Terms of Service of each link.

SIXTH : PRIVACY POLICY

In observance of Spanish Organic Law 15/1999, Personal Data Protection, we hereby state that the personal data which the User provides to The Portal in order to activate his or her account will be processed with the strictest confidentiality and incorporated in a file owned by Trourist. All personal data will be used for the management of the service and to keep the User informed of services offered by Trourist.

The User can exercise his or her rights of access, rectification, cancellation and disagreement in: hello@trourist.com

The User guarantees that his or her personal data are truthful and agrees to communicate any changes or modifications. The User will be solely responsible for any direct or indirect damage caused The Portal due to false, inexact, incomplete and/or outdated personal data.

Trourist has adopted the necessary measures to avoid the alteration, loss, treatment or non-authorized access to personal data; however, the User must be aware that security measures in Internet are neither complete nor foolproof.

Trourist can store and make use of the IP address belonging to Portal Users to analyze the traffic, manage and make full and complete use of The Portal. Trourist reserves the right to use Web analytical services (e.g. Google Analytics or similar tools) to assist in an analysis of the Web site’s use.

SEVENTH: DURATION AND COMPLETION

This service has an indefinite duration. Trourist, however, reserves the right to terminate, finish or suspend service at any time. Whenever possible, The Portal will issue prior notice of any conclusion or suspension of service.

EIGHTH: APPLICABLE LEGISLATION

These Terms of Service shall be governed by the internal substantive laws of 
Spain, without respect to any conflict of its legislation or principles. Any claim or dispute between the User and Trourist that arises in whole or in part from the use of the Trourist Website will be decided exclusively by the court holding competent jurisdiction located in the city of San Sebastian (Spain).