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GENERAL CONDITIONS OF USE OF HOLMESPLACE.COM

Scope

The present Terms of Use regulate the use (access included) of the component areas of HOLMESPLACE.COM, including the contents and services made available therein (“HOLMESPLACE.COM”).

Any person accessing HOLMESPLACE.COM (“User”) agrees to be submitted to the General Conditions which are in force at each time.

The content and services that HOLMES PLACE provides to the User in HOLMESPLACE.COM (namely, the “Contents” and “Services”) may also be regulated by particular conditions that, where conflict arises, shall prevail over the General Conditions (the “Special Conditions”). Whenever the User accesses the relevant Content or Service, the User is submitting and also accepting the corresponding Specific Conditions.

Terms and Conditions should be carefully read by the User whenever using the HOLMESPLACE.COM and, when applicable, the corresponding Special Conditions when using relevant Content or Service.

In any case, HOLMES PLACE reserves the right to modify at any time and without prior notice, the presentation and settings of the HOLMESPLACE.COM, as well as the General Conditions or the corresponding Special Conditions.

USE OF HOLMESPLACE.COM

Unless otherwise provided, the use of HOLMESPLACE.COM will be free of charge, without prejudice to the corresponding network connection cost of electronic communications in which the User has access to it.

The User acknowledges and voluntarily and expressly accepts the sole responsibility for the use of HOLMESPLACE.COM.

When using HOLMESPLACE.COM, the User agrees not to practice any act that may harm or damage the image, interest and rights of HOLMES PLACE or third parties, or that may harm, damage, disable or overload HOLMESPLACE.COM or preventing in any way the normal use of HOLMESPLACE.COM.

HOLMES PLACE shall adopt reasonably security measures appropriate to detect the viruses. Nevertheless, the User must be aware that security measures for IT systems on the Internet are not fully reliable. Therefore HOLMES PLACE cannot guarantee the absence of viruses or other elements that may cause alterations in the IT systems (software and hardware) of the User or in the electronic documents and files contained therein.

CONTENT

Contents of HOLMESPLACE.COM provided to the User by HOLMES PLACE, with information from its own sources and third parties.

HOLMES PLACE shall assure the highest possible quality and updating of the Contents, however does not guarantee the utility, accuracy, completeness, relevance and / or timeliness of the Contents.

INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

By the present Terms (or by the access to HOLMESPLACE.COM, or the use of content and services) HOLMES PLACE does not grant any intellectual or industrial property right of HOLMESPLACE.COM or any of its integral elements, being the User prohibited to reproduce, transform, distribute, publicly communicate, provide, extract, reuse, resend or use of any sort whatsoever, by any means or procedure, the integral elements, except if expressly and legally authorized or authorized by the copyright holder.

The User may view and obtain a temporary private copy in the system of the Contents for exclusive, personal and private use (software and hardware), where the copy is not made with commercial or professional purpose of developing activities. The User shall abstain from obtaining or attempting to obtain the Contents by other means or procedures than those provided herein or by others normally used on the Internet (in the latter, by any mean/procedure which do not represent a risk of damage or destruction of HOLMESPLACE.COM).

All text, graphics, editorial content, data, designs, graphic arts, HTML, photos, music, sounds, images, software, videos or other content that Users access or read in the Service are held by HOLMES PLACE or used under the permission of the rightful holder. This material is protected by all forms, means and technologies known or to be developed. HOLMES PLACE holds a right of ownership over the material, as well as its coordination, selection, combination and improvement. This material is covered by the law governing copyright, patents, trademarks and other, both nationally and internationally. The Users are prohibited from copying, downloading, using, redesigning, reconfiguring or relaying anything of the Service without prior written consent from HOLMES PLACE. The use of this material without HOLMES PLACE’s consent and / or the rightful holder is prohibited.

HOLMES PLACE is a registered trademark, including its logo.

Marks, logos or names may not be copied or used without the prior written consent of the holder.

The User shall respect, at all times, all the rights arisen from the intellectual and industrial property of HOLMESPLACE.COM, the right of ownership held by HOLMES PLACE or by third parties.

PUBLIC AREAS

Service may contain profiles, e-mail systems, blogs, message boards, applications, job publications, news groups, forums, communities and / or other media (“Public Areas”) that enable communication between Users.

These areas can only be used for sending and receiving messages and related, relevant and appropriate to the forum concerned.

Without exception, you may not:

• Defame, injure, harass, stalk, threaten or otherwise violate the legal rights (including the right to privacy) of others under any circumstances;
• Publish, post, upload, distribute or disseminate any name, topic, material or information that is profane, defamatory, obscene or illegal;
• Use the Service for any purpose that violates regulations of local, national or international law;
• Upload files that contain software or other material that would violate the intellectual property right (or the right to privacy) of third parties;
• Upload files that contain viruses, Trojan horses, corrupted files, or similar software that may damage the equipment of other Users;
• Advertise or provide irrelevant products or services to the Service;
• Conduct or forward surveys, contests, pyramid schemes or chain letters;
• To act on behalf of another person or allow another person to use your identification to make posts or view comments;
• To post the same note repeatedly (called “spamming”);
• Spamming is prohibited;
• Download files uploaded by another User that may be known, or that would be expected to be known or distribute it through the Service;
• Restrict or inhibit other Users from accessing the Public Areas;
• To imply or contend that the statements made by the User are approved by HOLMES PLACE, without the latter’s prior written consent;
• Use any automatic and / or manual process to track or index HOLMES PLACE;
• Pirating or interfere with HOLMES PLACE, its servers, or networks;
• Adapt, amend, license or sublicense the “HOLMES PLACE” brand for personal or business use;
• Remove or amend, visually or otherwise, the copyright, trademark or proprietary rights and brands held by HOLMES PLACE;
• Upload offensive and / or harmful content, including amongst others, content containing references or commentary about defense, endorsement, tolerance or promotion of racism, intolerance, hatred or physical violence against any person or group;
• Upload content that enables material or access to material that exploits people under 18 years in any form of abuse, violence or sexual activities;
• All submissions to Public Areas shall be public and HOLMES PLACE may not be held responsible for the actions of the other Users in respect of that content.

AMENDMENTS TO THE TERMS OF USE

Terms and conditions may be updated at any time by HOLMES PLACE when considered necessary or desirable without prior notification to the User in order to meet the legal requirements or operating changes. The User will always have online access to the terms and conditions of use.

This document is always available online with free access and may be stored or printed at any time even without being registered at HOLMESPLACE.COM.

Any changes will be communicated to the registered Users via online.

The subsequent access and use of HOLMESPLACE.COM by the User shall be interpreted as a clear signal that the User has read, understood and accepted the amended Terms and Conditions.

PARTIAL INVALIDITY

The invalidity, in whole or in part, of any provision of the present Terms and General Conditions shall not affect the validity of the other provisions, which shall be applicable in all its extension, unless the interested party shows that the aim pursued by the parties suggest that they would have not concluded the deal without the vitiated part.

APPLICABLE LAW / JURISDICTION

Terms and conditions shall be governed by the Netherlands law.

FINAL PROVISIONS

Those who intend to purchase online on this site, declare to be of age and have legal capacity to purchase.

Any purchase made through the site, shall be consider as an acceptance and knowledge of the Terms and Conditions of Use by the User.

Should the User have further questions regarding the present Terms and Conditions or any comment on HOLMESPLACE.COM, please contact info@holmesplace.com.

I HAVE READ AND UNDERSTOOD THESE TERMS OF USE AND HOLMES PLACE’S PRIVACY POLICY AND DECLARE THAT MY USE OF THE SERVICE CONSTITUTES ACCEPTANCE OF ALL TERMS AND CONDITIONS OF THIS AGREEMENT.

ACCESS AND CORRECTION OF DATA

To change Personal Data, the User must submit a request in writing and refer the data to be changed. HOLMES PLACE shall proceed with the correction and removal of any Personal Data that is incorrect. User’ data may always be updated via the contact details below.

CANCELLATION

Should the User does not wish to receive e-mails from HOLMES PLACE and wants to be removed from the electronic mailing list, an e-mail should be sent to the address info@holmesplace.com writing on the subject “Mailing Cancellation”.

Should the User also wishes to be removed from the mailing list by mail, the User may send an e-mail to same e-mail address above, writing “Cancellation Mailing Mail” in the subject, or write a letter to our head office.

HOBBIES

HOLMES PLACE can deny access to previous guests even when dealing with those participating in hobbies promoted by HOLMES PLACE or partners.

CAMPAIGNS TRADE

All marketing campaigns are applicable to non-members only, unless otherwise stated.

APPLICABLE LAW

The present Privacy Policy is an integral part of the Terms and Uses of HOLMESPLACE.COM.

Any dispute or claim of any nature regarding this site shall be governed by the Netherlands law, regardless of any conflict of laws.

All actions or legal proceedings arising out of or related to these Terms of Use, its validity, application, compliance or non-compliance, or the subject of these Terms of Use shall be under the jurisdiction of Netherlands courts, and the User hereby consent and submit irrevocably to the Netherlands jurisdiction.

Notwithstanding, HOLMES PLACE reserves the right to take legal action in any jurisdiction where there is non-compliance with the present Privacy Policy.