The aim of the Website is to develop and encourage the culture and tourism of, and in, Barcelona and to make available content and services for Barcelona friends and lovers all over the world as well as for tourists, businesses and private customers.
The Website is located at, and operates under, the domain name www.CityBitesBarcelona.com (heretofore and hereafter - "the Website"). Operating under private management, the Website is not an official site of Barcelona, the La Boqueria market or the Kingdom of Spain, and it is not operated on their behalf.
2. That written heretofore and hereunder applies to every male and female surfing the Website and language employing the male gender is for convenience only.
3.1 "Surfer" or "surfers" - any person or corporation surfing the Website, including a subscriber.
3.2 "Download" - download and any other action that is similar in nature.
3.3. "Upload" - upload and any other action that is similar in nature.
3.4 "Subscriber" - a surfer who has registered as a member of the Website.
3.5 "Content" or "contents" - information of any kind including text, video, audio and any combination of these as well as the way they have been designed, processed, laid out, distributed and presented including (but not limited to) any picture, photograph, illustration, animation, sketch, image, simulation, sample, film clip, audio file, music file, any other file, software, computer code, application, format, protocol, database, interface and any character, mark, symbol and icon.
3.6 "Service" or "Website services" - any of the tourism and/or cultural and/or other similar services that are provided on and/or via and/or through the Website including via a linked site.
C. General terms
4. www.CityBitesBarcelona.com reserves the right to adapt and/or suspend and/or cease and/or change and/or expand the Website content and/or Website services or part thereof at any time, including its character, authorizations for access thereto, availability, scope, hours of operation, and also software and/or equipment required to access the Website services. www.CityBitesBarcelona.com reserves the right to restrict certain activities and/or services and/or access thereto, in full or in part. In any event, it is hereby declared and agreed that www.CityBitesBarcelona.com shall not bear liability for any damage resulting from the aforesaid.
D. Copyright and Intellectual Property Rights
7. Copyright and any other intellectual property rights in the Website, including the Website name, content, software and supplementary software that are used to operate the site, belong to www.CityBitesBarcelona.com and/or bodies associated therewith, whether or not notice of copyright has been included in relation to specific information. Copyright and any other intellectual property rights in other sites to which this Website contains a link, belongs to the operators and/or owners of those other sites and/or pursuant to that stated on those sites. The aforesaid shall not apply to Surfer Content as specified hereafter.
Without derogating from the surfer's responsibility and rights with regard to Surfer Content, www.CityBitesBarcelona.com will be entitled, at any time and at its own discretion, to delete, alter, modify or edit the Surfer Content on the Website.
D. Declarations and Undertakings
8. The surfer declares and undertakes as follows:
8.2. That he is aware and agrees that www.CityBitesBarcelona.com and the Website do not personally act as travel and/or ticketing agents or as the provider of any services provided on the Website, except as explicitly otherwise stated, the Website services are provided by third parties, and that www.CityBitesBarcelona.com and the Website do not act as representatives and/or agents of any of the businesses or entities providing such services.
8.3. That he is solely liable for any damage resulting from their reliance on the content provided in and/or via the Website and/or resulting from the use of services on the Website and/or of any service provided via the Website, and that he is aware that www.CityBitesBarcelona.com, its employees, officers and shareholders shall not bear liability for any direct and/or indirect damage, financial and/or otherwise, suffered by the surfers and/or third parties, resulting from reliance on or use of the aforesaid. This restriction shall also apply if www.CityBitesBarcelona.com and/or anyone on its behalf foresaw and/or could have foreseen the damage in advance.
8.4. That he is aware that personal details provided by him, insofar as such is provided, shall be stored in a database properly administered by www.CityBitesBarcelona.com, unless otherwise stated, and that it may be necessary to forward these personal details to a third party for the purposes of, and in the course of using, the Website services. In such an event, the instructions and regulations of the third parties shall apply to the personal details, and unless otherwise stated, www.CityBitesBarcelona.com shall not bear liability for, and/or have control over, such details. The surfer hereby undertakes that any information which may be required from them by www.CityBitesBarcelona.com or any associated body, for the purpose of subscription to the Website or to order goods or services via the Website, shall be true and complete.
8.5. That he is aware that www.CityBitesBarcelona.com does not supply any equipment and/or infrastructure necessary for the purpose of Internet access and for the purpose of obtaining services from the Website, including telephony equipment, modems and software for accessing the Internet and will not be responsible for any such equipment and/or infrastructure or for their suitability for the use of the services on the Website.
8.6. Not to copy and/or distribute and/or trade and/or create links to any parts of the Website and/or content appearing therein, and not to create any deep links thereto, except where written notice has first been obtained from www.CityBitesBarcelona.com.
8.7 Not to send and/or install and/or upload to and/or via the Website information that is by law and/or contract not permitted to be uploaded - such as information that is harmful and/or stolen and/or misleading and/or the transfer of which is against public policy and/or constitutes a criminal offence and/or give rise to civil liability or otherwise violate the law, including where this constitutes breach and/or harm to copyright, trademarks, privacy laws or libel laws. Likewise, the user undertakes not to send and/or install and/or upload to and/or via the Website and/or distribute and/or make public in any other way via the Website any content which contains a virus or any other harmful content and/or constitute chain letters, pyramid games, virus hoaxes, false alarm messages, "spam" or similar material and/or contain and/or encourage and/or promote violence and/or pornography and/or racism and/or anti-Semitism.
8.8 The surfer is not allowed to copy, download print, distribute or make any other use of content, unless according to either of the following conditions::
8.8.1 The use referred to in this section is made for personal and non-commercial use only, for a purpose which is in no way competing with the Website, without altering or transforming the content. Any use according to this section must be made by giving credit to www.CityBitesBarcelona.com and strictly maintaining all copyright and other notices contained or relating to such content, including a link, and if not made on the internet, a reference to the Website, including its name and address. Notwithstanding the aforesaid, www.CityBitesBarcelona.com may, as the owner of the content, oppose to any use according to this section, if it deems, according to its sole discretion, the use made not appropriate or detrimental to the Website, or its name and the surfer undertakes to comply immediately with any such opposition or with any instructions received from www.CityBitesBarcelona.com with regard to the use of content..
8.8.2 www.CityBitesBarcelona.com has given its explicit prior approval to the use of content, and the use is made strictly according to the terms of such approval, and by giving credit to all copyright owners of the content, according to the instructions of www.CityBitesBarcelona.com.
E. Registration and Use of the Website and Its Services
9. Surfers who are interested in doing so can register as subscribers to the Website. Registration to the Website may provide the subscriber with the possibility of responding to articles appearing on the Website, to transfer information to the Message Services as defined hereunder, and to take part in all other activities on and/or via the Website as determined by www.CityBitesBarcelona.com from time to time. As part of the registration process, the surfer seeking to register as a subscriber may choose a password and Username (hereafter - "Username"). In the course of registration and thereafter, the subscriber undertakes and declares:
9.1 Wherever required on the Website, to provide accurate, complete and updated information.
9.2 To provide a valid e-mail address (in the event that he holds one).
9.3 To update www.CityBitesBarcelona.com in the event of a change to any other relevant information regarding the subscriber.
9.4 He is above 18 years of age.
10. It is hereby clarified that surfers and/or subscribers using the Website and/or its services shall be subject to the following conditions:
10.1 They shall not choose or use a Username belonging to another person and/or any information and/or detail belonging to another person in a manner that is misleading and/or in which they represent themselves as any other person or entity.
10.2 www.CityBitesBarcelona.com reserves the right, at its exclusive discretion, not to approve a Username that it believes is not suitable or that may be misleading and/or harmful.
10.3 A breach of the undertakings set out in section 10 herein, including the provision of misleading information, may result in access to the Website and/or its services being blocked, as well as the filing of a complaint with the police, in addition to any other rights available to www.CityBitesBarcelona.com under law.
11. The subscriber shall be responsible for maintaining the integrity of his password, and shall bear responsibility for any use made of the password, even if this occurs without authorization. The www.CityBitesBarcelona.com shall not bear liability for any damages caused to the subscriber and/or anyone on his behalf and/or any third party as a result of unauthorized use of the subscription.
12. The subscriber can terminate his subscription at any time by way of written notice to www.CityBitesBarcelona.com.
F. Use of Message Services
14. The Website contains or may contain in the future forums, chat, notice boards, communities and the like (the aforesaid services all jointly referred to hereafter as - "Message Services"). Message Services are deemed public communication, such that any content published or raised in these services by any surfer is open to perusal by others. Accordingly, care must be taken when using Message Services in the publication of personal details and/or identifying details personal to the surfer or anyone associated with him.
15. Message Services shall only be used for the purposes of sending and receiving messages and information that are suitable in character for any message service. When using the Message Services, the following shall be prohibited:
15.1 Publication and/or dissemination and/or uploading of files, information, details or any other material of any kind, that may involve a breach of any law and/or harm to any third party, including, but not limited to, a breach of the criminal law, a breach of any intellectual property rights, invasion of privacy, harm to reputation, obscenity, profanity, libel, affront, intimidation, or threats.
15.2 Dissemination and/or publication and/or uploading of files containing computer viruses of any kind, "trojan horses", "worms" and/or any other file that may damage and/or harm a third party and/or his property, and/or the transfer of any information held by a third party without his knowledge or consent.
15.3 Conducting of surveys, questionnaires, competitions, chain letters and "pyramid games".
15.4 Publication and/or provision of information and/or offers of a commercial nature (unless prior consent has been obtained from www.CityBitesBarcelona.com).
15.5 Any limitation, interference or obstruction of the use and enjoyment by other surfers of the Message Services and/or the Website.
15.6 Likewise, the user undertakes not to send and/or install and/or upload to and/or via the Website and/or distribute and/or make public in any other way via the Website any content which contains and/or encourage and/or promote violence and/or pornography and/or racism and/or anti-Semitism.
16. www.CityBitesBarcelona.com shall be permitted, but not obligated, to supervise all Message Service activities, and as such it shall be permitted to examine and/or approve and/or remove and/or erase and/or edit any content and/or messages appearing on the Message Services, in full or in part, without warning and at its exclusive discretion. In order to remove any doubt it is clarified that the aforegoing shall not constitute an undertaking by www.CityBitesBarcelona.com to carry out supervision or to impose on it any liability for supervision or non supervision.
17. www.CityBitesBarcelona.com shall provide the platform for Message Services, but is not liable for the content published on the Message Services by surfers. Consequently, www.CityBitesBarcelona.com shall not bear any liability for any publications within the framework of the Messages Services and/or in connection with damages resulting from such publications.
18. It is clarified that by publishing and/or uploading of any content by any surfer within the framework of the Message Services and/or in any other place on the Website he gives www.CityBitesBarcelona.com an unlimited and irrevocable license to perform at its exclusive discretion any of the following activities with the content, without restriction and without the need to obtain any permission - to sell, transfer, copy, change, use, post, publicly perform and to grant subsidiary licenses for the aforesaid content or part thereof.
Transactions via the Website
Users who are above 18 years of age may purchase services and/or goods and/or carry out other transactions through the Website (a "Transaction"). Such Transactions may require the submission of personal data to the Website.
The surfer acknowledges and agrees, that the goods and/or services offered on the Website are offered by third parties (the "Providers"), and that www.CityBitesBarcelona.com will not be responsible in any way for the quality of the goods and/or services, the date of their provision, or for any other aspect of the Transaction. The surfer acknowledges and agrees that any Transaction carried out via the Website shall be subject to the special terms for each transaction published on the Website, including such terms as may be published by the relevant Provider.
The surfer hereby undertakes that the data he will be required to provide at the time of the Transaction, will be complete, true and accurate. Without derogation from the general purport of the aforesaid, and without derogating from any remedy according hereto or according to the law, in the event the date submitted by the surfer is incomplete, untrue or inaccurate, www.CityBitesBarcelona.com and/or the Provider will not be liable for the carrying out of the transaction or any delay or default in connection therewith.
In the event of cancellation of a Transaction, neither www.CityBitesBarcelona.com nor the Provider shall be obligated to refund any amount paid by the surfer, and any refund of payment done by the surfer shall be made only according to the special terms applying to the Transaction.
The surfer agrees, that www.CityBitesBarcelona.com will transfer to the Provider and/or to the credit card company all data submitted by him for in the framework of a Transaction. www.CityBitesBarcelona.com is not responsible in any way for the use made of such surfer data by the Provider and/or the credit card company. The surfer acknowledges and agrees that the Declaration of Privacy of www.CityBitesBarcelona.com does not bind the Provider and/or the credit card company.
G. Limitation of Liability
19. The Website content and services are provided As Is. www.CityBitesBarcelona.com does not warrant and shall not be liable towards surfers or subscribers with respect to content and/or services offered on the Website, including identification of the service provider and/or his credibility, or the availability and supply of the service, the possibility of realizing the service, suitability of the service, any assurance and/or representation and/or agreement with respect to the service, its cost, quality, terms and options of payment, and any other matter stemming directly and/or indirectly from receipt and/or provision of the service and/or from reliance upon receipt and/or provision of the service, all unless expressly stated otherwise.
20. Publication of notices on the Website does not constitute a recommendation or encouragement by www.CityBitesBarcelona.com to purchase services and/or products offered thereby, and the conditions of any transaction entered into as a result of the notice or information published on the Website shall be finalized directly between the surfer and the relevant publisher and/or supplier and on their sole responsibility. The surfer hereby waives any claim and/or demand and/or suit against www.CityBitesBarcelona.com with respect to any information, publication, content, product and/or service as aforesaid.
21. The fact that links are contained on the Website does not constitute a recommendation to visit the linked sites, unless expressly stated. www.CityBitesBarcelona.com declares that it has not taken any steps to examine the accuracy and/or reliability and/or quality of information contained in the linked sites and/or the services and/or products offered via the said sites. www.CityBitesBarcelona.com recommends that every such site be checked before surfing and taking part in the activities offered therein, and in any event - anyone entering another site via a link from the Website does so on his own responsibility.
23. w www.CityBitesBarcelona.com shall not bear any liability for interruptions, faults, response times, viruses or any other factor that may interfere with or harm services on the Website and/or cause any damage.
24. www.CityBitesBarcelona.com shall not there any liability for loss of information and/or damage resulting to the computer system and/or infrastructure of a subscriber, and/or any other damage deriving from use of the www.CityBitesBarcelona.com Website, including that resulting from the download of information and/or software via the Website.
26. Chapter headings contained herein are for convenience only, and they shall not be seen as binding nor shall they be referred to for the purposes of interpretation.
28. www.CityBitesBarcelona.com shall be permitted to send notices to the surfer or subscriber in one of the following ways:
28.1 By posting a notice in the general information window on the Website, including via an information window, which can only be accessed via a link.
28.2 Via e-mail to the address provided by the subscriber.
29. Notice that was sent to a surfer or subscriber via e-mail shall be deemed to have been received on the business day following the date on which it was sent. A message posted on the Website shall be deemed to have been received on the date the surfer or subscriber entered the Website or made any use of the Website, whichever is earlier - following posting of the notice.
30. Any surfer or subscriber may forward information to www.CityBitesBarcelona.com via the following contact us form or to the following postal address www.CityBitesBarcelona.com, Passatge de la Pau, 10, 08002 Barcelona, Spain.
Declaration of Privacy
1. In establishing and operating the Website, considerations relating to the privacy and security of surfers have been equally taken into account along with the content and services supplied by the Website. The Website has a policy of honoring and protecting the privacy of surfers, and accordingly www.CityBitesBarcelona.com shall refrain from forwarding personal details collected with respect to subscribers and surfers, if and to the extent that these are collected. Notwithstanding this, upon the occurrence of one of the instances set out hereunder, www.CityBitesBarcelona.com may, but is not obligated to, provide the aforesaid details in part or in full:
1.2 Pursuant to the provisions of any law that obligates www.CityBitesBarcelona.com to provide such information or part thereof to any third party;
1.3 In the event of a dispute, disagreement or any legal or quasi legal proceeding between the surfer or subscriber and www.CityBitesBarcelona.com;
1.4 In the event that www.CityBitesBarcelona.com believes that this may prevent serious harm to the surfer, his life, his health or property, and any damage as aforesaid to any third party;
1.5 When products and services are purchased on the Website from www.CityBitesBarcelona.com and/or from business partners of www.CityBitesBarcelona.com and/or from any third party - information necessary to complete the purchase procedure shall be forwarded to the said partners and/or third party as the case may be;
www.CityBitesBarcelona.com and/or the Website are transferred to another corporation, www.CityBitesBarcelona.com shall be permitted to provide all the information in its possession to the Corporation that shall operate the Website, provided that the Corporation accepts upon itself the provisions of privacy contained herein or any similar policy of privacy.
It is clarified that the above reservation of rights by www.CityBitesBarcelona.com shall not impose upon www.CityBitesBarcelona.com an obligation to report or provide information to any party, and no person shall have any claim or suit against www.CityBitesBarcelona.com com flowing from the transfer or provision of information or the non transfer or non provision of the aforesaid information.
3. www.CityBitesBarcelona.com works together with third parties who are responsible for some of the publications on the Website. Cookies may periodically be sent to you from these publishers. www.CityBitesBarcelona.com has no control over such cookies. Sending of cookies by third parties is standard practice in the Internet industry.