Terms and Conditions of Website Usage

The following are the "Terms" that govern use of the Splash Gomera Web site ("Site"). By using or visiting the Site, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. This is an important document and affects your rights and obligations. It also includes exclusions and limitations that apply to you. Splash Gomera reserves the right to change these Terms at any time, effective immediately upon posting on the Site. Please check this page of the Site periodically. These Terms may not be supplemented, altered or modified by the use of any other documents or oral communications unless agreed in writing by Splash Gomera.

General Information

Definitions

1.1 “We” and “Us” are Splash Gomera of Playa Santiago, La Gomera ;

1.1 “Site” is the Splash Gomera web site ;

1.2 Our e-mail address is info@splashgomera.co.uk;

Permitted Use of the Site

2.1 You agree that you are only authorised to visit, view and where available print or download material on the Site for your own use and that you shall not duplicate, download, publish, modify distribute or otherwise disclose to any third party whatsoever the material on the Site for any other purpose or in relation to or for the benefit of, any third party, unless specifically authorized by Us to do so and whether or not during the term of the Contract. You also agree not to deep-link to the Site for any purpose, unless specifically authorised by us to do so.

2.2 You will at all times ensure that your use of the Site is in accordance with all applicable data protection and other laws, licences, codes of practice and regulations.

2.3 We will accept no liability in relation to the content of information supplied by you, whether as publisher or otherwise. You agree to indemnify Splash Gomera and/or their affiliates and subsidiaries and/or suppliers in relation to any claims, costs, expenses, liabilities, causes of action, infringement of any rights of third parties, whomsoever and howsoever arising, in relation to any material posted on the Site by you or your employees.

Site Access

3.1 While we endeavour to ensure that the Site is normally available 24 hours a day, We will not be liable if for any reason the Site is unavailable at any time or for any period.

3.2 Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Splash Gomera’s control.

Confidentiality

4.1 For the purposes of these Terms, Confidential Information includes but is not limited to information, whether in written or any other form, which is identified as confidential or is clearly by its nature confidential which shall include (without limitation):

4.1.1 design features and technical details of the Site, the scope of the Site, any technical data and know-how associated with the operation and further development of the Site, including programming and computer programmes used to operate and develop the Site; and

4.1.2 the content of any of the material contained on the Site; and this Confidential Information will remain the property of Splash Gomera at all times.

4.2 You undertake to protect the Confidential Information, to prevent the unauthorised use, dissemination or publication of the Confidential Information.

Trademarks and Copyright

5.1 The content and software on the Site is the property of Splash Gomera and is protected by United Kingdom and international copyright laws. We post a legal notice and various credits on pages of the Site, which may not be removed. You must not remove or interfere with this notice or these credits, or any additional information contained along with the notices and credits.

5.2 Splash Gomera logos found on the Site may be used publicly only with the written permission of Splash Gomera.

Ownership of Materials

6 All materials on the Site are copyrighted and are protected under treaty provisions and world-wide copyright laws. Materials on the Site may not be reproduced, copied, edited, published, transmitted or uploaded in any way without Splash Gomera’s written permission. Except as expressly stated in the limited licence provision of these terms and conditions, Splash Gomera does not grant any express or implied right to you under any of its trademarks, copyrights or other proprietary information.

Disclaimers and limitation of liability

7.1 Whilst we will make all reasonable efforts to avoid problems, Splash Gomera does not promise that the Site will be error-free, uninterrupted, that the material on the Site will be complete and error free. The Site and its content are delivered on an "as-is" and "as-available" basis. Splash Gomera cannot ensure that files you download from the Site will be free of viruses or contamination or destructive features.

7.2 Splash Gomera makes no guarantee of any specific result from use of this Site or any content, search or link on it.

7.3 Splash Gomera disclaims any and all liability for the acts, omissions and conduct of any third party users or Site users, in connection with your use of the Site. Without limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Site to Splash Gomera at info@splashgomera.co.uk. Splash Gomera may investigate the claim and take appropriate action, at its’ sole discretion.

7.4 Except in respect of death or personal injury caused by Splash Gomera’s negligence, Splash Gomera shall have no liability to you for any loss, damage, costs, expenses, or any loss of profit or any indirect, special or consequential loss, damage, costs or expenses or other claims (whether caused by the negligence of Splash Gomera, its servants or agents or otherwise) for compensation arising from your making use of the Site or by reason of any representation (unless fraudulent), or any implied warranty, condition or other term.

Copyright Policy and Indemnity

8 You agree to indemnify and hold Splash Gomera, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site.

Offline Conduct

9 Although Splash Gomera cannot monitor the conduct of its users off the Site, it is also a breach of these Terms to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any user without their prior explicit consent.

Access and Interference

10 You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own person, non-commercial use) from the Site without the prior expressed written permission of Splash Gomera.

Unauthorized Use of the Site

11 Illegal and/or unauthorized uses of the Site, including, but not limited to, unauthorized framing of or linking to the Site, or unauthorized use of any robot, spider or other automated devise on the site, will be investigated and appropriate legal action will be taken, including without limitation civil, criminal and injunctive redress.

Disputes

14 This site is controlled and operated by Kbase Connect Ltd from its offices in the United Kingdom. If there is any dispute about or involving the Site, by using the Site you agree that the dispute will be governed and construed by English law. In the event of a dispute arising out of or relating to these terms and conditions, or your use of or access to this site, litigation must be brought in a court in London, England without regard to its conflict of law provisions.