TERMS & CONDITIONS OF MYCASAINTHESUN.COM

You, Viewer, must read the Terms & Conditions of Mycasainthesun.com and of this agreement before logging on to and using the My Casa in the Sun Website, which website is domiciled at www.Mycasainthesun.com / (“the web site”). By accessing and using the Web Site and the information (“the information”) contained therein the Viewer agrees to be bound by the terms and conditions set out below, and these form the Terms and Conditions of a contract between The Viewer and My Casa in the Sun.

If you do not wish to be bound by these terms and conditions, you may not access or use this Web Site and or service provision.

Warranty

The Web Site and the information are provided on an “as-is” and “as-available” basis and My Casa in the Sun make no warranties or representations whether express or implied in relation to the information on the Website including, but not limited to, implied warranties or conditions of completeness, accuracy, satisfactory quality and fitness for a particular purpose or otherwise.

Liability

The Visitor agrees that, except for death and personal injury arising from the negligence of My Casa in the Sun, My Casa in the Sun shall not be liable in contract, tort, negligence, statutory duty or otherwise for any loss or damage whatsoever arising from or in any way connected with this contract, including without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, or any other pecuniary loss (even where My Casa in the Sun has been advised of the possibility of such loss or damage).

Rights Granted/Rights Reserved

My Casa in the Sun provides the Information to The Viewer solely for the personal purposes of The Viewer and The Viewer, may download the Information onto only one computer hard drive for such purpose. The information may not be used for any other purpose, including but not limited to, publication, reproduction or transmission without the express written permission of My Casa in the Sun.

The Website

The Viewer admits as follows:-

a) It is technically impossible to provide the Web Site free of faults and that My Casa in the Sun does not undertake to do so;

b) Faults may lead to temporary unavailability of the Web Site and

c) The operation of the Website may be adversely affected by conditions and performances outside My Casa in the Sun’s control, including without limitation, transmission, telecommunications links between My Casa in the Sun and The Viewer and between My Casa in the Sun and other systems and networks.

Third Party Information and Sites
The Viewer and further acknowledges that some of the Information, for example, software, is supplied to My Casa in the Sun (directly and indirectly) by third parties, and accordingly, My Casa in the Sun offers no warranty of whatever nature in relation to such information. My Casa in the Sun can accept no responsibility whatsoever for the content or material of other sites which The Viewer may access through the My Casa in the Sun Web Site.
Use of the Web Site/Indemnification

The Viewer undertakes:-
a) Not to use the Information for any unlawful purpose;

b) That it shall not make any use of the Web Site such that the whole or part of the Web Site is interrupted, damaged, rendered less efficient, or the effectiveness or functionality of the Web Site is in any way impaired;

c) Not to use the Web site for the transmission or posting of any computer viruses or any material which is defamatory, offensive or of an obscene or menacing character or in such a way as to cause annoyance, inconvenience or needless anxiety;

d) Not to use the Web site in a manner which constitutes a violation or infringement of any person, firm or company (including but not limited to rights of copyright or confidentiality);

e) That it shall not use the Web Site to transmit any material for the purposes of publicity, promotion and/or advertising without prior written consent of My Casa in the Sun.

f) That in the event that it has any right, claim or action against any other viewer arising out of the use of the My Casa in the Sun Web Site then it shall pursue such right, claim or action independently of, and without recourse to, My Casa in the Sun The Viewer will indemnify and defend My Casa in the Sun against all claims, liability, damages, costs and expenses, including legal fees, arising out of a breach of this contract or any Use of the Information or the Website by The Viewer.

The Viewer acknowledges that My Casa in the Sun has no control over the nature or content of information or programs transmitted or received by the Viewer using the Web Site and that My Casa in the Sun does not examine in any way the use to which The Viewer puts the My Casa in the Sun Web Site.
The Viewer and agrees to fully indemnify My Casa in the Sun against any claims or legal proceedings arising in connection with The Viewer use of the My Casa in the Sun Web site which is brought or threatened against My Casa in the Sun by any other person.

Intellectual Property
The Viewer acknowledges and admits that My Casa in the Sun owns absolutely full copyright to the entire content of the website, including the information, concepts, design, forms and otherwise but not limited to, and that any attempt to emulate in any way these will represent a breach of copyright actionable at law.

Suspension and Termination
My Casa in the Sun shall have the right to immediately terminate this contract and/or suspend the Web Site if the Viewer commits a breach of the Terms and Conditions.

User Data
My Casa in the Sun reserves the right to include the name, address and other relevant information relating to The Viewer in a directory for the use of My Casa in the Sun unless specifically requested by the Viewer in writing not to do so. My Casa in the Sun cannot guarantee the security or privacy of the My Casa in the Sun Web Site and any information or communication to or from the My Casa in the Sun Web Site by The Viewer.

Changes to the Terms and Conditions
My Casa in the Sun reserves the right to change these terms and conditions from time to time by placing a note of such change in this file, and The Viewer continued use of the Web site following notice of such change shall be deemed to be the Viewer’s acceptance of any such change. It is the Viewer’s responsibility to check this file regularly to determine whether this Contract has been changed. If the Viewer does not agree to any change to the terms and conditions of this Contract, then the Viewer must immediately stop using the My Casa in the Sun Web Site.

Severability
Each provision of this Contract excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the termination of this Contract howsoever occasioned.

No Waiver
No waiver by My Casa in the Sun shall be construed as a waiver of any preceding or succeeding breach of any provision.

Choice of Law

This contract shall be governed by English law and the parties hereby irrevocably submit to the exclusive jurisdiction of the English Courts.

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