Welcome to Yola Cabanas (“YC”) Web! These Terms of Service govern your use of the yola-cabanas.com website (the “Site”) and any products, services, or content made available through the Site (collectively, the “Service”). By using the Site, you agree to be bound by these Terms of Service, as well as any additional terms and conditions that may apply to specific areas of the Site or to products or services offered through the Site.

Section 1 – Acceptance of Terms of Service

Your use of this website is subject to the terms and conditions set forth below (“Terms of Service”). Please read these conditions carefully before using the Website because by accessing and using the website, you agree to be bound by these Terms of Service, as well as our Privacy Policy, which is incorporated herein by reference. By using the website, you acknowledge that you have read, understood, and agreed to these Terms of Service.

By accessing and using the Site, you agree to be bound by these Terms of Service, as well as its Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms of Service, you should not access or use the website.

We reserve the right to modify or update these Terms of Service at any time, without prior notice. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Service. Therefore, we encourage you to review these Terms of Service periodically for any updates or changes.

Section 2 – Conditions of Use

By using the website, you represent and warrant that you are at least 18 years of age or have the legal capacity to enter into these Terms of Service. To access the Contents, minors must first obtain permission from their parents, guardians or legal representatives, who will be held responsible for all acts carried out by minors under their care on the Website.
The contracting of Payment Services can only be carried out by people over 18 years of age.

You may use the website only for lawful purposes and in accordance with these Terms of Service.

The website is intended for informational and educational purposes only. You may use the website solely for personal and non-commercial purposes. You may not use the website for any illegal or unauthorized purpose, or to transmit any content that is unlawful, harassing, defamatory, obscene, or otherwise objectionable. You may not use the website to solicit others to perform or participate in any unlawful acts.

The access or use of certain Contents or Services may be subject, in addition to these Conditions of Use, to particular conditions applicable to said Contents or Services (the “Particular Conditions”), which will be made available to the User upon accessing to said Contents or Services. The User who continues browsing the Contents or contracts or uses the Services subject to Particular Conditions automatically accepts said Particular Conditions.

If the User does not agree with the Conditions of Use or with the Particular Conditions applicable to a Content or Service, they must refrain, either from accessing the Website, or from accessing the Content and/or using the Services subject to the Particular Conditions with which you disagree, as appropriate.

The Particular Conditions will prevail over the General Conditions of Use in the event of a contradiction between the two.
YC reserves the right to modify the Conditions of Use and the Particular Conditions at any time.
If any of these Conditions of Use or of the Individuals, if applicable, turns out to be invalid, null or unenforceable for any reason, said condition will be excluded and will not affect the validity or applicability of the rest of the conditions

Section 3 – Intellectual and Industrial Property

All content included on or available through the Service, such as text, graphics, logos, images, video, audio, design, data, and other materials, is the property of the website or its content suppliers and protected by Spain and international copyright, patent, trademark, and other intellectual property or propietary rights laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise use any of the content on the website without the pertinent prior written consent and always giving the adecuate credit to artists, authors and copyright owners.

The User must respect at all times all intellectual and industrial property rights on the Website, whether owned by YC or by third parties.
YC grants the User the limited, revocable and non-exclusive right to create a hyperlink, link or link on their own website that leads to the Home page of the Website, provided that said link does not represent YC, the Website and/or or the Contents and/or Services offered therein in a false, erroneous, denigrating or otherwise offensive manner. It is prohibited, except in cases in which YC expressly authorizes it, to establish links, hyperlinks or links, from other websites to YC web pages other than the main page of the Website, accessible at the URL address https://yola-cabanas.com or the one that replaces it in the future, as well as presenting the Website, its pages or the information contained in them under frames, distinctive signs, trademarks or social or commercial names, logos or graphics of another person, physical or legal.

Section 3.1 – User-Generated Content
The Website is not responsible for any user-generated content and shall not be liable for any damages or losses arising from such content.

The sending of such contents will imply the granting in favor of the website of an irrevocable, non-exclusive, free license, for the whole world and in perpetuity, to store, publish, reproduce, distribute, publicly communicate, broadcast, modify, edit, translate, incorporate in a database, or in any other way, use and/or exploit, in whole or in part, in whole or in part, such content through any means or technology.

The User declares and guarantees that he is the owner or assignee of all rights to the content that he sends to the Website.
It is absolutely prohibited to send to the Website any content that is illegal or violates fundamental rights and public liberties, good customs and public order. By way of example, content that:

(a) violate the right to honor, personal and family privacy or the image of people or is insulting or slanderous;
(b) incite or promote criminal, denigrating, defamatory, violent actions, or discriminatory attitudes or thoughts based on sex, race, religion, beliefs, age or condition;
(c) incorporate or allow access to prohibited products and/or services;
(d) are protected by any intellectual or industrial property rights belonging to third parties, without the User having previously obtained from their owners the necessary assignment for their publication on the Website;
(e) violate the trade secrets of third parties;
(f) constitute advertising of any kind or spam;
(g) incorporate viruses or other physical or electronic elements that may damage or impede the normal functioning of the network, system or computer equipment of YC or third parties or that may damage the files stored on said computer equipment;
(h) cause due to their characteristics (such as format, extension, etc.) difficulties in the normal functioning of the Website.

Section 4 User Conduct

You agree to use the Service only for lawful purposes and in a way that does not infringe on the rights of others or restrict or inhibit their use of the Service. You may not use the Service:

• In any way that violates any applicable national, local, or international law or regulation.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate [website], a [website] employee, another user, or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm [website] or users of the Service or expose them to liability.

Section 5 – Accounts

In order to use certain features of the Service, you may be required to create an account with us. You are solely responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer or mobile device. You agree to accept responsibility for all activities that occur under your account or password.

We reserve the right to suspend or terminate your account or access to the Service at any time and for any reason without notice.

Section 5 – Disclaimers

The information provided on the website is for educational and informational purposes only and is not intended to be a substitute for professional advice. There are made no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

It is not guaranteed the accuracy, completeness, or usefulness of any information on the website. The information on the website is provided “as is” and “as available” without any warranties, express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

It do not warranted that the website will be uninterrupted or error-free, that defects will be corrected, or that the website or the server that makes the website available are free of viruses or other harmful components. YC shall not be liable for any damages arising from the use of the website, including but not limited to direct, indirect, incidental, consequential, or punitive damages.

The website may contain links to third-party websites that are not owned or controlled by us. There is no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. YC encourages you to read the terms and conditions and privacy policy of any third-party website that you visit.

You acknowledge and agree that any reliance on the information provided on the website is solely at your own risk. We shall not be liable for any damages resulting from your use of, or inability to use, the website or the information provided on the website.

Section 6 – Limitation of Liability

In no event shall the website and its affiliates, partners, officers, directors, employees, agents, and licensors be liable to you or any third party for any indirect, incidental, special, punitive, or consequential damages arising out of or in connection with your use of the service, even if the website has been advised of the possibility of such damages.

In no event shall the Website and its affiliates, partners, officers, directors, employees, agents, and licensors be liable to you or any third party for any damages resulting from (i) the use or inability to use the service; (ii) unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on the service; or (iv) any other matter relating to the service.

The Website is not responsible for any user-generated content and shall not be liable for any damages or losses arising from such content.

Third-Party Products or Services: the Website is not responsible for any damages or losses incurred as a result of your use of such products or services.

Force Majeure: The Website shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, such as acts of God, war, terrorism, labor disputes, or governmental actions.

To the maximum extent permitted by applicable law, the Website and its affiliates, partners, officers, directors, employees, agents, and licensors shall not be liable for any direct damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with your use of the service.

You acknowledge and agree that the Website’s aggregate liability to you or any third party arising out of or in connection with these Terms of Service or your use of the service shall not exceed the amount paid by you, if any, for accessing the service and in no event shall the Website and its owners, affiliates, partners, officers, directors, employees, agents, and licensors liability to you exceed the amount of one hundred euros (€100).

You agree that any cause of action arising out of or related to the website must commence within one (1) year after the cause of action accrues, otherwise such cause of action is permanently barred.

The Website reserves the right to modify this Limitation of Liability section at any time, without prior notice. Your continued use of the service after any such modification constitutes your acceptance of the modified Limitation of Liability.

In the event that any portion of this Limitation of Liability is found to be unenforceable, the remainder shall continue in full force and effect. Any failure by the Website to enforce any provision of this Limitation of Liability shall not be deemed a waiver of such provision or of the right to enforce such provision.

Please note that the limitations of liability set forth in this section shall survive any termination or expiration of these Terms of Service.

Section 7 – Breach and Liability

YC reserves the right to deny access to the Website or cancel the contracting of any Service by a User in the event that the User fails to comply with the applicable legislation, these Conditions of Use or any applicable Particular Conditions or instructions given at any time.

The User will respond for the breach of any of the obligations to which he is subjected by virtue of these Conditions of Use or the law in relation to the use of the Website and for the damages caused.

Section 8 – Use of Cookies

The website uses its own and third-party cookies to improve our services and maybe show you advertising related to your preferences by analyzing your browsing habits.

The website values your privacy and strives to provide a safe and secure browsing experience. This Cookies Policy explains how cookies are used on the website and how you can manage your preferences.

What are cookies?

Cookies are small data files that are stored on your device when you browse the internet. They are used to remember your preferences and provide a better browsing experience. Cookies can also be used to track your online activity and provide personalized content.

What types of cookies do we use?

We use the following types of cookies on our website:

• Essential cookies: These cookies are necessary for the website to function properly. They allow you to navigate the site and use its features, such as accessing secure areas.
• Performance cookies: These cookies help us improve the performance of our website. They collect information about how visitors use our site, such as which pages they visit most often and if they encounter any errors.
• Functionality cookies: These cookies remember your preferences and choices, such as language and region settings. They also allow us to provide personalized content and features.
• Advertising cookies: These cookies are used to deliver targeted advertising based on your browsing behavior. They track your online activity and share this information with third-party advertisers.

How can you manage your cookie preferences?

You can manage your cookie preferences by adjusting the settings in your web browser. Most browsers allow you to block or delete cookies, or set preferences for certain types of cookies. However, please note that blocking or deleting cookies may affect your browsing experience and some website features may not work properly.

By using our website, you consent to our use of cookies in accordance with the website´s Use of Cookies.

Section 9 – Indemnification

You agree to indemnify, defend, and hold the Website and its owners, affiliates, partners, officers, directors, employees, agents, and licensors harmless from and against any and all claims, demands, damages, losses, liabilities, actions, demands and expenses, including without limitation reasonable legal and accounting fees (including attorneys’ fees), alleging or arising out of or in connection with your use of the service, your breach or violation of these Terms of Service, or your violation of any rights of another.

Section 10 – Modifications to Terms of Service

YC reserves the right to modify these Terms of Service at any time without prior notice. Your continued use of the website after any such modifications constitutes your acceptance of the new Terms of Service.

Section 11 – Termination

YC may terminate or suspend your access to the website at any time, with or without cause, without prior notice or liability to you. Upon termination, all licenses and other rights granted to you in these Terms of Service will immediately cease.

Section 12 – Governing Law and Jurisdiction

These Terms of Service and your use of the website shall be governed by and construed in accordance with the laws of Spain, without regard to its conflict of law provisions and expressly waiving any other jurisdiction that may correspond to them.

Any dispute arising out of or in connection with these Terms of Service or your use of the website shall be subject to the exclusive jurisdiction of the courts of Spain, without giving effect to any principles of conflicts of law. Any dispute arising out of or in connection with these Terms of Service shall be resolved through arbitration in accordance with the Spanish Arbitration Act. The arbitration shall take place in Madrid, Spain, and the language of the arbitration shall be Spanish.

13 – Entire Agreement

These Terms of Service, together with our Privacy Policy, constitute the entire agreement between you and us with respect to your use of the website.

These Terms of Service constitute the entire agreement between you and us with respect to the use of the website, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and us.

If any provision of these Terms of Service is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Our failure to enforce any right or provision of these Terms of Service shall not be deemed a waiver of such right or provision.

You may not assign these Terms of Service or any of your rights or obligations hereunder, without our prior written consent.

We may assign these Terms of Service or any of our rights or obligations hereunder, without your prior written consent.

The headings used in these Terms of Service are for convenience only and shall not affect the interpretation of these Terms of Service.

Any rights not expressly granted herein are reserved.

14 – Contact Us

You can contact us at info@yola-cabanas.com

Thank you