This website

[www.homiesmarbella.com] (the “Site”) is owned and operated by Cool & Marbelous S.C. (the “Company”). By accessing or using the Site, whether through a personal computer, mobile device or any other technology, you accept and agree to be bound by the Terms of Use (the “Terms”), so please read the Terms carefully. The Company may modify the Terms from time to time and without notice, effective upon posting on the Site. Your access or use of the Site at any time constitutes acceptance of the Terms in effect at that time.

PRIVACY AND SHOPPING POLICY

The Company’s Privacy Policy and Shopping Policy also govern your access to and use of the Site, information you provide or the Company collects on or through the Site, and product purchase and return requirements. Each policy is incorporated into the Terms by reference.

Lusive sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make available to the public, and exercise all copyright and publicity rights with respect to the Content worldwide and/or to incorporate the Content in any other works in any form, media, or technology, now known or later developed, for the full term of any rights that may exist in the Content. You also permit any other user of the Site to access, store or reproduce the Content for that user’s personal use. In addition, you grant the Company the right to use any concepts or ideas reflected in the Content you submit to the Company or post on the Site in promotions, advertising, marketing or product or service offerings, without attribution, compensation or notice to you.

If you are not sure that you have all of those rights in any Content you are considering submitting, then please do not submit, post or upload it to the Site.

The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject you to criminal prosecution as well as personal liability for damages in a civil suit. You agree that you, and not the Company (nor its affiliates or any of their officers, directors, managers, members, shareholders, partners, employees, agents, third-party partners, sponsors, advertisers, service providers, advisors, consultants, licensors, licensees or the like), will be liable for any damages resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. You agree to bear and assume all such liability, and to indemnify, defend and hold harmless the Company, its affiliates and each of their officers, directors, managers, members, shareholders, partners, employees, agents, third-party partners, sponsors, advertisers, service providers, advisors, consultants, licensors and licensees from and against any damages, costs, and attorneys’ fees incurred as a result of your unauthorized submission or distribution of copyrighted or other proprietary Content to or through the Site, or an allegation or claim of such unauthorized submission or distribution. Notwithstanding the foregoing, if an indemnification obligation arises from damages sustained by the parties (as opposed to a third party), then the indemnification obligation shall not include the obligation to defend.

You acknowledge that the Site contains Content that is protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. The Site and all Content is copyrighted as a collective work under the U.S. copyright laws, and the Company owns a copyright in any and all original creative works created by it and incorporated into the Site, and in the selection, coordination, arrangement, and enhancement of the Content.

You may not capture, reproduce, perform, transfer, sell, license, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute or in any way exploit any of the Content, in whole or in part, except as provided for in the Terms or explicitly permitted in writing by the Company in advance. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your own non-commercial use strictly for your own personal entertainment use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the Terms, or as permitted by the fair use privilege under the Spain copyright laws, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.

UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE CONTENT IS STRICTLY PROHIBITED.

Any use of the Content other than as permitted by the Terms, the Privacy Policy or the Shopping Policy will constitute a violation of the Terms, the Privacy Policy and may constitute copyright, trademark and/or patent infringement. You agree not to use the Content for any unlawful purposes, in any way not expressly permitted herein, and not to violate the Company’s rights or the rights of others. You are advised that the Company will aggressively enforce its rights to the fullest extent of the law.

The Company reserves the right to refuse to upload or post, and to remove or modify, any Content and/or User Content at any time, without notice and without liability, including any Content and/or User Content that it deems, in its sole discretion, to be a violation of the Terms, the Privacy Policy, the Shopping Policy or any law, regulation, or order, or any of the rights of any third party such as copyrights, privacy/publicity, reputational, and other proprietary rights. Also, you should be aware that the Company may electronically monitor areas of the Site and may disclose any Content, User Content, logs, records, or electronic communication of any kind (a) to satisfy any law, regulation, or government request; (b) if such disclosure is necessary or appropriate to operate the Site; or (c) to protect the rights or property of the Company or its third-party partners, sponsors or advertisers, service providers, licensors or any other user of the Site.

COMMUNICATION WITH THE COMPANY

By accessing or visiting the Site or sending an e-mail or otherwise communicating with the Company through the Site, you are communicating with the Company electronically and you agree to receive electronic communication from the Company, including by e-mail and by posting to the Site. You agree that any electronic communication from the Company satisfies any legal requirements that such communication must be in writing. You also agree that any communications or Content that you submit or otherwise provide to the Company or the Site, by posting to the Site, e-mail or otherwise, are and will be treated as non-confidential and non-proprietary and that the Company will have right to use such information in accordance with the Privacy Policy. Remember, any Personal Information (as defined in the Privacy Policy) you post to the Site may be collected and/or used by third parties. The Company takes commercially reasonable steps to protect your Personal Information in accordance with the Privacy Policy but is not responsible for the security of any Personal Information you post to the Site.

LINKS

You may link to the Site for non-commercial purposes only, or as otherwise specifically agreed in writing by the Company, provided that you remove any such link upon demand by the Company.

The Site may include links to websites owned or operated by third parties. Such links are provided as a convenience to users. The Company is not responsible for the content of any third party website, any products or services offered by or through any such website or for the practices of its owner or operator, including for websites accessed through advertising on the Site. The Company reserves the right, in its sole discretion, to terminate a link with any website for any reason or no reason at all, including any website that the Company deems to be inappropriate or inconsistent with or antithetical to the Site and/or the Terms.

If you decide to access third party websites linked through the Site you do so at your own risk and you should carefully review the privacy policy and terms of any such website as access may be subject to additional requirements. It is up to you to take precautions to ensure that whatever links you use or content you download (whether from the Site or other websites) is free from viruses, worms, Trojan horses, time bombs and other destructive items.

The Site may permit you to make purchases of products through third party websites. The terms associated with your transactions for these services and or products are subject to the terms and conditions and privacy policies of the third party websites. If you have problems or questions regarding such a third party transaction, please contact the applicable website operator directly.

THE COMPANY CAUTIONS YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY THE COMPANY, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF THE COMPANY’S RELIANCE UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

ACCURACY

The Company attempts to ensure that the Content is accurate. However, the Company does not warrant that any Content is accurate, complete or error-free. The Company may modify or discontinue the Site, in whole or in part, at any time and without prior notice.