Terms and Conditions of Use of Foralista

What is foralista.com?

Foralista is a product of Saresoft aplicaciones on line S.L. that manages this website, a company with registered office in Bilbao and C.I.F B48753586

What services do we offer?

We provide a website to publish and/or search for property sales or rentals. We also offer other services related to the real estate sector.

What can and cannot you do on foralista?

You can browse the Website and other services, register to save searches and favorites, contact advertisers, publish properties for sale or rent, as well as contract other additional services.

You may not harm third parties or foralista, perform acts contrary to the law, use automatic mechanisms to copy or extract our content, make fraudulent contacts or use the access codes of other users without their permission.

If you are an advertiser, we recommend that you also read our publication rules carefully.

Who is the owner of the content of the Website and other services?

foralista is the owner of all content, images, brands, logos, videos, texts, etc. that appear on the Website and other services (or they belong to third parties who have given us their permission). In addition, by sharing material on foralista, you authorize us to continue using it even when your advertisement has been removed, for our price reports or historical references of the real estate market or for the foralista/maps service, for example.

Index

1. Purpose and general information

From foralista we make available to you these terms and conditions (hereinafter, the “Conditions of Use”) that regulate:

What is www.foralista.com?

Our website, hosted under the domain www.foralista.com and its subdomains, contains a technological platform that we make available to our users so that they can publish advertisements for the sale or rental of properties, or search for a property (hereinafter, the “Main Services”).

Foralista is limited to facilitating contact between those users who offer a property and those who are looking for it. We do not intervene in the transactions that may arise from such contacts. We are not a real estate agency nor are we dedicated to the purchase, sale and/or rental of properties. In this context, we offer some additional related services (hereinafter the “Additional Services” and together with the “Main Services”, the “Services”). You can obtain more information about our Additional Services in clause 7 of these Terms of Use.

Who is a Foralista?

Foralista is a product of Saresoft online applications, who is the owner of this Website with the following social data:

You can contact us at any time, by regular mail at the address indicated above, by contacting us through our website.

2. Access and acceptance of the Conditions of Use

By accessing or using the Website and other services, you do so under your sole and exclusive responsibility, granting you the status of user (hereinafter, “User” or “Users”) and assuming that you have read, understand and expressly agree to comply without reservation with these Conditions of Use in the version published at any time. If you use Services that require registration, whether for personal or professional purposes, you will become a registered user (hereinafter, “Registered User” or “Registered Users”), and it will also mean that you accept the specific conditions that may replace, complete, and/or modify these Conditions of Use (hereinafter, the “Specific Conditions”), as applicable in each case. We reserve the right to extend, modify, replace and/or cancel our Services and/or these Conditions of Use at any time. In any case, we will do our best to notify you of any significant modifications that may occur to the Conditions of Use with sufficient advance notice. In particular, if you are a Registered User, we will notify you by email, to the email address that you provided us during your registration. We will also update the “last update date” located at the top of these Conditions of Use. We advise you to frequently review these Conditions of Use to be aware of any changes we may have made. Within the legal limits, foralista will not be responsible for changes introduced in the Conditions of Use or in the Services. If you access the Website and other services or use the Services after any change is made to the Conditions of Use, you will be expressly accepting the new Conditions of Use. If you do not agree with these Conditions of Use or with any modification that may be made to them, you must stop using the Website and other services or the Services. If you continue to use them, you will be accepting the changes that we have introduced in the Conditions of Use. For clarification purposes, these Conditions of Use and the Specific Conditions, where applicable, will apply to both private Users and professionals. However, nothing in these Conditions of Use will affect the rights legally recognized to consumers and users.

3. Minors

The Services offered by foralista are not directed to minors under 18 years of age. By accessing or using our Website and other services or Services, you declare and guarantee that you are over 18 years of age.

4. Conditions of use and responsibility for the use of the Website and other services

Your use of the Website and other services must comply with these Conditions of Use, and, where applicable, the Specific Conditions, the policies and guidelines for publication of foralista available in the help center, the law in force at all times, morality, good customs and public order. You may not make illegal or incorrect use or breach any of the provisions of these Conditions of Use or the Specific Conditions, where applicable. To facilitate your navigation and use of our Website and other services, here is a list of what you can and cannot do: You may: Access and browse the Website and other services without registering and for free. If you decide to register, use our 2-step login system with verification to reinforce the security of your account and ensure that no one else can access it without your consent. Receive notifications of new properties or save properties that may interest you as favorites. Contact the advertisers of the properties you are interested in. Qualify your profile in the specific case that you are looking to rent a home or room. Advertise for sale or rent properties (home, room, storage room, building, garage, premises, office or land) that are owned or managed by you. Contract Additional Services related to the property you are advertising or that you are consulting on the Website and other services. You may not: Introduce, share, distribute or publish: Content of a racist, xenophobic, obscene or derogatory nature (e.g., advertisements that make reference to the origin or nationality of the interested parties in the property or that include insults or foul language of any kind). Content that incites the commission of criminal, terrorist, violent or defamatory acts based on age, sex, religious beliefs or any other type (e.g., advertisements that allude to or that maim Content that violates the fundamental rights of third parties in any way. Information that constitutes illegal or unfair advertising (e.g., advertisements with fictitious prices or that include misleading or offensive comments about competitors). Content that violates the confidentiality of communications and/or the applicable regulations regarding the protection of personal data (e.g., advertisements that reveal the identity of the owners, occupants or any third parties who have not given their consent to make their data public). False, inaccurate or fraudulent content that may mislead the recipients of said information (e.g., “hook” advertisements or advertisements that contain misleading descriptions or false characteristics of the properties). Use the Website and other services for illegal purposes, or for resale, transfer or disposal for the use or benefit of any other person or entity. Cause damage to the computer systems of Foralista or third parties, or introduce or spread computer viruses or other types of harmful systems that may cause damage to computer systems. Perform acts that constitute an injury to our intellectual property rights and/or damage to the reputation of Foralista or third parties. Use the identity and/or access keys or password of a third party Registered User without their consent. Access, control or copy any information included in this Website and other services using any type of robot, spider, scraper or other automatic means or manual process for any purpose, without our express written permission. Violate the restrictions of the robot exclusion notices included in this Website and other services, as well as bypass or circumvent other measures used to prevent or limit access to this Website and other services. Take any action that imposes or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure. Establish a link to any content of this Website and other services for any purpose whatsoever and without our express written permission. Replicate, reflect or in any way incorporate any content of this Website and other services into any other website without our prior written permission. What happens if you perform any of these actions, breach our terms or publish illegal content, in general? If you carry out any of these behaviors, you will be liable for any damages that may arise and you agree to hold foralista harmless. In addition, in the event of a direct or indirect breach of these Terms of Use, the Specific Conditions applicable to you or current legislation, we may remove, block or restrict the visibility of your ads and/or content and, upon prior notice, we reserve the right to delete your account, as well as suspend or limit access to and use of our Website and other services and our Services, without giving rise to any compensation on our part. When determining the scope and duration of the measure adopted in these cases (e.g., relegation of the advertisement to the bottom of the results list for a period of 30 days), we will take into account the number of breaches and/or illegal uses carried out, the seriousness and nature of the events or the existence of a deliberate intention, among other factors. If you disagree with the decisions adopted by foralista in relation to the policy of moderation and control of content on the Website and other services, you may explain your reasons by contacting us directly at the same email address from which we will inform you of our decision. Please note that the deadline to express your opposition is 6 months from the date we notify you. Likewise, you may contact any certified extrajudicial dispute resolution body. You may also resort to legal proceedings, in accordance with the provisions of clause 15 of these Terms of Use. What happens if you detect that someone is doing this? If you observe any use that is contrary to these Terms of Use or the Specific Conditions or if you are aware that an illegal act or violation of your rights, the rights of the foralista or any other third parties is taking place, we ask that you inform us as soon as possible, through the channels enabled for this purpose on the Website and other services (“Have you seen an error” form available in the advertisements or the contact form). Likewise, if you belong to a security body or act on behalf of and representing an authority, you can request information from us or report any improper or illegal action to us.You can also send us an email directly to Autoridades@foralista.com. At Foralista, we take any report of illegal or inappropriate content very seriously. As soon as we receive a notice, whether it comes from other Users or from the competent authorities, we immediately proceed to thoroughly review the incident received. If you send us a communication in this regard and provide us with your data, we undertake to notify you as soon as possible of our final decision and any action we may take with respect to the reported content or action. If you do not agree with our decision, we invite you to let us know, providing us with your arguments to the same email address from which we contacted you. Please note that the deadline for doing so is 6 months from when we notify you. In addition, you have the option of going to any certified extrajudicial dispute resolution body or resorting directly to the courts, in accordance with the provisions of clause 15 of these Terms of Use. What tools does foralista use to detect illicit or inappropriate conduct? Our priority is to maintain a safe and respectful environment for all Users. For this reason, in addition to having the points of contact mentioned above, to report any illicit or inappropriate content on the Website and other services, we have a team of professionals who are responsible for ensuring the quality and ensuring that the published advertisements comply with current legislation and our policies. In this regard, we have implemented machine learning tools that help us detect, through specific keywords, comments on advertisements that may violate the law and/or these Terms of Use. We also have a multimedia content review program that, among other things, is capable of recognizing text in published images. Therefore, if specific words or inappropriate content are identified in them, our specialized team proceeds to immediately review said images. Ultimately, we are committed to guaranteeing transparency, security and legality on our Website and other services; these measures, together with the notification mechanisms available to our Users, are an integral part of said commitment.

5. Publication of advertisements

In order to offer your property on our Website and other services by publishing an advertisement, you must register and provide us with all the information required to register as an advertiser. In this regard, you must complete the information and provide us with the documentation that we request, since, otherwise, you will not be able to access our Services or publish advertisements. If the contracting or provision of our Services is denied due to the lack or insufficiency of the information provided, and in the event that you do not agree with our decision, you may notify us within the following 6 months, through the contact email that we provide you. The above, without prejudice to the option of resorting to certified extrajudicial dispute resolution bodies or resorting to legal proceedings to address any discrepancy. By publishing an advertisement, you guarantee that all the data you include in it is true, accurate, complete and up to date. At foralista we will strive to verify the truthfulness and accuracy of the data published in the advertisements, but we cannot fully guarantee the truthfulness of said data. It is your obligation, as an advertiser, to keep the data updated at all times, notifying us as quickly as possible if any data is outdated or inaccurate. It is also your obligation to comply with the regulations applicable to the advertisements you publish; for example, any legal provision relating to the rental and/or sale of homes. Likewise, by publishing an advertisement you acknowledge that you are the sole owner of the property you are advertising (or that you are duly authorized by the owner or the other co-owners of the property to publish it) and that you are the sole person responsible for the veracity of the data published, and that you will therefore assume exclusive responsibility for any liability or damage that may arise in this regard. Furthermore, in the case of contracting multimedia services, you expressly state that you have sufficient representation to authorize foralista to take images of the properties. In this regard, you acknowledge and agree to hold foralista harmless against any claim that may arise, directly or indirectly, in relation to the taking and recording of said images and their subsequent publication on the Website and other services. Ultimately, foralista has no more responsibility than that described in these Conditions of Use and in the napplicable regulations. The price and other information that appears for each advertisement in relation to the properties offered on the Website and other services does not constitute a commercial offer on our part. How do we order the advertisements? If you want to know what are the main parameters that we use to order, in the search results, the advertisements that are published on the Website and other services, you can consult here how we order the results. Publication service for Private Advertisers To publish the advertisement for your property, you must follow the steps described for this purpose on our Website and other services. Once the advertisement publication process has finished, and in the event that you are a private advertiser (hereinafter, “Private Advertiser” or “Private Advertisers”), it will be mandatory to validate the telephone number indicated in the advertisement, receiving a confirmation communication to the email address provided during registration. Validation may have an additional cost if the telephone number provided is a landline or international telephone. To avoid having ads for properties that have already been sold or rented, we ask Private Advertisers to confirm their ads to us from time to time. To this end, please note that: Sales ads are confirmed every 330 days. Rental ads are confirmed every 150 days. If we do not receive confirmation that an ad is still on the market within the aforementioned timeframes, we will remove it until the Private Advertiser confirms it again. The end date of the publication is not modified by the fact that the ad has been removed due to lack of confirmation. Free publication service for Private Advertisers If you are a Private Advertiser, you acknowledge that the use of the free advertisement publication service is limited to the publication of a maximum of 2 properties (for sale and rent), which you can keep published for as long as you want, until you sell or rent them, except in the following cases, in which the publication must be paid for, as at least one of the conditions indicated in our Pricing and Collection Policy for Individuals is met. On the other hand, the publication of advertisements for rooms in shared housing allows you to advertise up to 5 rooms for free. All of the above, without prejudice to the “hide address” function, which is optional and will entail a cost that will be specified at the time of publishing the advertisement. After exhausting the free advertisements, if you wish to advertise an additional property that is not a room, you must choose to acquire one of the paid publication services of Foralista. Regarding these paid services, please note that: We never charge for any advertisement until it is published. When we receive a new advertisement, the technical quality control mechanisms are applied, and once these have been passed, we proceed to publish the advertisement and make the corresponding payment. If there is a problem, we will tell you so that you can solve it and we do not charge anything until the advertisement is published. You can pay with any of the methods indicated in clause 10 on payment methods on the Website and other services. If an advertisement is removed before the contracted period, no refund will be made of any amount paid for its publication. Finally, please note that foralista may retain some data from the date of deactivation of the last advertisement in order to prevent improper use of the free service, or any type of fraud. See more information on this in our privacy policy. Publication of advertisements and other Services for Professional Clients The Services offered to professional clients (hereinafter, “Professional Client” or “Professional Clients”), including, but not limited to, the publication of advertisements, will always be subject to the signing of a contract for the provision of services and the financial consideration established at any time for each of the Services provided for Professional Clients, which will be paid in the terms stipulated in the corresponding contract. Professional Clients must provide foralista with all the information required in the process of contracting the Services. In the event that foralista has sufficient reason to believe that the information provided is inaccurate, incomplete or out of date, it will request that the Professional Client correct it; it may suspend the provision of the Services until said request has been duly attended to in its entirety. The Professional Client may appeal the decision of foralista within 6 months following its notification, if it does not agree, by writing to the same email address from thewhich has been contacted, as well as to resort to any certified extrajudicial dispute resolution body or to the judicial route. The advertisements published by Professional Clients may also be published on other portals owned by foralista (for example, on www.yaencontre.com), unless expressly opposed by said Professional Clients or, by prior agreement with them, on third-party portals with which foralista maintains a collaboration for this purpose.

6. Rules for publishing advertisements

When using the advertisement publication services, you agree to: Not publish repeated images or with any type of frame, watermark, logo or text or compositions of several images or videos from photo montages of the properties. Not to publish advertisements without images or with images, plans or any other type of multimedia content (such as videos, virtual tours or 3D images) that are not relevant to the advertisement (such as, for example, empty images, monuments, tourist or commercial areas in the area of ​​the property, animals or people). Not to publish advertisements with images, plans or any other type of multimedia content (such as videos, virtual tours or 3D images) that do not correspond to the advertised property or are not related to the advertised transaction (for example, images or videos relating to the advertiser's own professional activity or another property other than the one advertised). Not to publish multimedia content, whether your own or generated by third parties, by contracting the corresponding viewing service, with inappropriate, defamatory or illegal themes, materials or information, that violate any third party rights (including, in particular, image rights, data protection or intellectual or industrial property); that contain contact details of the advertiser, watermarks, logos or texts; or that are irrelevant or have no relation to the advertised property. Do not publish more than 3 photographs of the area (surroundings) in which the property is located. foralista reserves the right to automatically remove these images. Do not include in the description of the advertisement information that is not relevant or unrelated to the advertised property (for example, advertising content from the advertiser, his professional activity or from other properties other than the one advertised). Do not use capital letters in the description of the advertisement, beyond the appropriate spelling. Do not publish properties or new construction promotions within the contracted second-hand publication package, or vice versa. For more information on the types of properties that can be published, consult this page. Do not publish properties under a different type of operation than the one contracted (sale / rental). Do not publish more than one advertisement for the same property simultaneously or repeatedly register and deregister the same property. Indicate whether you are publishing a property under the co-ownership modality, in which case you must also have a specific publication agreement under this modality signed with a foralista. Do not add more contact numbers than those allowed for the type of package contracted. Do not add additional contact telephone numbers or emails outside the space designated for that purpose in the advertisement. Limit the number of logins to the maximum established according to the type of package contracted. Do not publish properties in areas other than the contracted area. Provide a single business address for the publication of properties. In the case of having multiple business addresses, it will be necessary to contract a publication package for each business address that is going to be used. Do not publish properties that will not be available in the short term, not advertising properties that are reserved, already sold or rented. Do not publish properties for vacation rental or tourist use, except when this is expressly permitted by the foralista. In such cases, you must have all the necessary administrative licenses and authorizations for the lawful development of the activity and include in your advertisement, whenever required, the registration number in the corresponding public registry. Do not tag a photo of the advertisement as a “plan” if it does not correspond to a plan. Insert the exact address to correctly geoposition the property, even if the “hide address” function is activated. Please note that this optional “hide address” function will entail a cost, if you are a Private Advertiser, which will be specified to you at the time of publishing the advertisement. Do not publish inaccurate prices (such as, for example, indicating that the price includes a garage and adding the additional price for it in the description of the property). Specify the energy class, accompanying it with an image of the “energy certificate” that proves that the property has the certificate.Including in the advertisements any information that may be mandatory under current state, regional or local regulations and that is applicable at any given time. In general, carrying out any artificial conduct with the aim of gaining illegal positioning in the listings of the Website and other services or causing the sending of misleading alerts to Users (for example, uploading and removing the same images or altering the description of an advertisement repeatedly and without apparent justification). If you belong to a franchise network, association, multi-agency or any other organization of a similar nature (whether operating under the same or a different tax identification number), you agree not to duplicate the same advertisement / property that may be published on the Website and other services by other franchisees, associates or agents of your organization in the same time period; all of this regardless of the brands, logos or trade names that you use, as well as the subscription of independent publication contracts between foralista and the different franchisees, associates or agents of your same network or even the authorization in favor of any of them, by the owner, for the management of the property. You acknowledge that foralista reserves the right to (i) apply penalties in the publication of advertisements; or (ii) remove advertisements that do not comply with these publication rules or the Conditions of Use and/or the Particular Conditions, if applicable. Anti-fraud measures or those contrary to these Conditions of Use In order to prevent fraudulent use of the Services, you acknowledge and accept that foralista may quarantine and even penalize in positioning or visibility those advertisements that contain material suspected of being fraudulent or contrary to these Conditions of Use. In that case, you will be duly informed by foralista of the reasons for the decision and you will have the opportunity to present any objections you consider relevant. Quarantined ads will not be visible on the Website and other services until their legality is verified. In order to provide accurate information to our Users, foralista may penalize advertisers who contravene the publication rules indicated above, among other things, for example, to gain illegal positioning of their ads in the listings of the Website and other services or trigger the sending of alerts to Users in an artificial manner. Ads penalized for these reasons will lose all the positioning points they have at the time of applying the penalty and will not appear in Users' alerts. In this sense, the penalty will be applied on a daily basis that will be determined by foralista, based on the conduct and warnings made to the advertiser, and may extend up to 30 days. Penalties as a result of misuse of our Services will be notified to the advertiser and will be applied to all ads that they have published at that time on the Website and other services. foralista shall have the right, but not the obligation, to investigate all fraud incidents reported by Users and, in such case, the advertiser shall cooperate in carrying out such investigation. By using the publication service you acknowledge and agree that foralista shall not be liable for any direct or indirect losses and damages related to the fraudulent use of the Services and, in particular, to the application of anti-fraud mechanisms and measures, including, without limitation: loss of income or profits; loss of business; loss of benefits or contracts; and loss of data. foralista reserves the right to implement any other anti-fraud measures it deems appropriate or necessary at any time. In such cases, the affected User may appeal the decision and measures adopted by the foralista, in accordance with the provisions of clause 4 of these Terms of Use. Under these Terms of Use, you accept that when the advertisement has been published with your consent, at the end of the publication process, you will lose the right of withdrawal, based on the provisions of article 103.m) of Royal Legislative Decree 1/2007, of November 16, which approves the Revised Text of the General Law for the Defense of Consumers and Users (in the event that said provision is applicable). For clarification purposes, these publication rules will apply to both Private Advertisers and Professional Clients who publish on the Website and other services.

7. Additional services

As we mentioned at the beginning of these Terms of Use, apart from the use of the Website and other services and the Main Servicesis that they allow people who offer and search for properties to connect by publishing advertisements, we also offer a series of Additional Services, which we can provide directly or other companies (from the same group or not) with which we collaborate. Specifically, we offer you: Participation in webinars aimed at professionals. Property valuation service (not official appraisals). Property export service. Sending information on similar properties that may be of interest to you. API service.

8. Intellectual and Industrial Property

8.1. Materials and information contained on the Website and other services

Under these Terms of Use, you acknowledge and agree that all rights to the materials and elements that appear on the Website and other services (including, but not limited to, drawings, texts, graphics, maps, photographs, images, audio, video, distinctive signs, logos, trademarks, trade names, domains, software, etc.) belong to foralista, or where applicable, to third parties who have consented to their transfer to foralista, so we have all the rights and licenses necessary for their use. The fact that we allow you to access, use, browse, utilize and/or download materials from our Website and other services in no case implies that we waive, or that we are transmitting or granting a license or transfer of our rights, or that you acquire ownership of them. As a User, or as a Registered User, you only have a right of strictly personal and private use, exclusively for the purpose of enjoying the Service. Consequently, you may not manipulate any element of identification of the foralist or of the respective owners. In particular, the use of any material or elements of the W Site is prohibited.eb and other services for inclusion, in whole or in part, on other websites or apps without our prior written authorization, and use any element or information in a way that gives the impression that they belong to or are associated with the User or Registered User. Specifically, it is not permitted to resell, deep-link, use, copy, monitor (for example, spider, scrape), display, download, save or reproduce the content, information, software, products or services available on our website for any commercial or competitive activity without prior written authorization from us.

8.2. Material published on the Website and other services

The materials and information that you publish on our Website and other services when using the Services (including the multimedia viewer integration service generated outside of Foralista) must respect the image rights, data protection and intellectual and industrial property rights that may exist on them. Therefore, you acknowledge and agree to assume exclusive responsibility for any liability or damage that may arise in relation to this content. By distributing or publishing information, non-personal data, photographs or any other material with us (including internal messaging on the Website and other services), you grant us a license with effect throughout the world, for the maximum period of protection permitted by law and with the possibility of sublicensing that information to associated companies and third parties. In particular, you authorize: To add the foralista watermarks in order to prevent these photographs from being published by unauthorized third parties. To use the information on the properties advertised on our Website and other services to carry out property valuations and appraisals, price reports, statistical reports, historical references or other information on the real estate market. This information may be used even after the respective advertisements have been removed from the Website and other services. To the distribution, reproduction, transformation and public communication of this material. Likewise, if you are a photographer and you use and/or access our Website and other services to upload photos, videos and floor plans that are the result of your work or service, by disseminating or publishing information, non-personal data, photographs or any other material through foralista, you grant us a license with effect throughout the world, for the maximum period of protection permitted by law and with the possibility of sub-licensing that information to associated companies and third parties. In this regard, you acknowledge that foralista has the right to disseminate all or part of the content of the advertisements for advertising campaigns, promotion of the Website and other services, blogs, etc.

8.3. Material contained and stored in foralista

All rights to the materials and elements that appear in the foralista software belong and will continue to belong to foralista or its third party licensors (as applicable). Nothing in the Terms of Use or Particular Conditions may be interpreted as a transfer to Professional Clients of any image, intellectual or industrial property rights over the aforementioned materials and elements of foralista. All rights to the information stored by Professional Clients on foralista will continue to belong to them, or to their respective third-party licensors. Without prejudice to the foregoing, by using the foralista software, you grant a worldwide, non-exclusive, irrevocable, royalty-free, transferable and sub-licensable license to foralista to use, copy, store, archive, modify, extract, display, distribute, transmit, transfer, make available, reuse, download and create, among other things, derivative works and data, from any non-personal information that you have stored on foralista, in order to: (a) provide you with the Services that you have contracted from us; and (b) optimize, adjust, aggregate, evaluate, analyze, report and obtain information to improve and develop our Services, as well as any other services, products or technologies that foralista provides or may develop and provide, provided that foralista does not disclose in doing so any information that identifies or that could reasonably be expected to identify any party other than foralista, Professional Client, its brands or its own clients. Nothing in this clause affects foralista's obligations regarding the protection of personal data, in accordance with the provisions of the Privacy Policy.

8.4. License grant to foralista/maps

Without prejudice to the provisions of section 8.2 above, when disseminating or publishingBy providing information, non-personal data, photographs or any other material through foralista, you also grant us, with specific reference to www.foralista.com/maps (hereinafter “foralista/maps”), a worldwide license, for the maximum period of protection permitted by law and with the possibility of sublicensing this information to associated companies and third parties. In this regard, you acknowledge that foralista has the right to distribute and use all or part of the content of the advertisements (prices, photographs, etc.), in order to allow the operation and improvement of the foralista/maps service. You also acknowledge that this information may be used even after the advertisements have been removed from the Website and other services, authorizing us to distribute, reproduce, transform and publicly communicate this material on foralista/maps. For clarification purposes, we inform you that foralista/maps shows publicly accessible data for all properties that are registered in the Cadastre of Spain, regardless of whether or not they are advertised on foralista. The information that appears on foralista/maps comes, therefore, from public cadastral information and also, if the properties have been published on foralista, from public and non-personal data that appear in the corresponding advertisements. In short, the information on foralista/maps is obtained solely from public sources, such as the Cadastre, and from non-personal data from advertisements published on foralista (in no case are personal data shown that allow the identification of the owners or occupants of the property). Please note that the valuation that may appear on foralista/maps for a certain property that was advertised on foralista may or may not coincide with the final price for which it was sold or rented. The valuations shown are merely estimates obtained by foralista from official data from the Cadastre and the advertisements published on the Website and other services. These valuations should not be considered as an official appraisal and cannot in any case replace the valuation of a professional. Finally, remember that the fact that a property is visible on foralista/maps does not imply that it has been or is available for sale or rent. If a property is available, we will inform you specifically.

9. Responsibility of the foralista

Our responsibility is that legally established by Law 34/2002, of July 11, on Information Society Services and Electronic Commerce and by Regulation (EU) 2022/2065, of the European Parliament and of the Council, of October 19, 2022 (Digital Services Regulation), which indicate that, in general, we cannot be held responsible for the information published at the request of Users. Although we make our best efforts to ensure that the published content is correct, we have no obligation to exercise prior control over the truthfulness, accuracy, legality, relevance or adequacy of the materials published on the Website and other services since it is stored at the request of the Users. However, if we detect or suspect any illegal act or act contrary to these Conditions of Use or the Specific Conditions, we will act with due diligence to remove the affected information or make access to it impossible in accordance with current regulations. foralista will not assume any type of responsibility for damages or losses that may arise from the relationship between Users due to their contacts or negotiations. The Additional Services will be regulated in accordance with their Specific Conditions, with foralista assuming, in relation to them, the responsibility that legally or contractually corresponds to it. In relation to the advanced electronic signature service, foralista will not be responsible in any case for documents not suitable for signature, uploaded, published or sent to other recipients by Users; or that have not been signed in a valid and/or appropriate manner, in accordance with the criteria established in the applicable regulations and in these Conditions of Use. Access and use of the Website and other services requires a computer device or equipment and an Internet connection, so you accept that the associated costs will be your responsibility. We are not responsible for the existence of any charge, lien, right, conflict, mortgage, incident, embargo or census that could affect the properties advertised on our Website and other services, and you agree to hold foralista harmless from any liability or damage in this regard. We are not responsible for the accuracy, integrity, truthfulness, legality or suitability of the information, materials and/or content available on third-party websites that you can access through thelinks available on our Website and other services.

Responsibility of foralista for the use of artificial intelligence

At foralista we use artificial intelligence technologies to improve the efficiency of some Services. By using our Services, Users accept and understand the implications of these artificial intelligence tools and undertake to use them responsibly and in compliance with the law and the rights of third parties. Although at foralista we strive to offer the greatest possible accuracy, we cannot guarantee the absence of errors in the use of artificial intelligence technologies, as this is a matter beyond our control (we are not providers of these tools and we do not direct their management or development). Interaction with our systems involves the processing of data and information of all kinds, which Users must use with the necessary care to avoid violating the rights of third parties (i.e. not using texts, data or confidential information of third parties unless they have prior and express authorization to do so). With regard to personal data, we are committed to protecting the privacy of Users in accordance with our Privacy Policy, which is updated regularly, as well as the measures we have adopted for this purpose. Users must not use personal data of third parties if they have not expressly consented to such use.

10. Payment methods on the Website and other services

On the Website you can contract some of our Services such as, for example, the publication of your properties if you are a Private Advertiser, and pay for them directly by credit or debit card (Visa, MasterCard, American Express, etc.) or even with Bizum in certain cases. These payment methods are subject to verification and authorization by the corresponding issuing entities (issuers of the cards or payment accounts), so if these entities do not authorize the payment, foralista will not continue with the transaction, which will be automatically cancelled.

To make the payment by credit or debit card, foralista has installed an electronic commerce payment gateway provided by authorized banking entities for this purpose. All data provided to foralista for these purposes is duly encrypted to guarantee maximum security and confidentiality, hosted on a secure server certified according to the Secure Socket Layer (SSL) protocol.

11. Contracting with third parties through the Website and other services

You acknowledge and accept that any contractual or extra-contractual relationship that you enter into with any advertiser, User, Registered User or third party through our Website and other services or our Services will be carried out solely and exclusively between you. foralista will not be a party to, nor assume any liability for, any damages or losses that may arise from such a relationship.

Therefore, we recommend that you act with caution when contacting or contracting with any advertiser, User, Registered User or third party through our Website and other services. If you have any doubts or suspect that any illegal activity, fraud or conduct contrary to these Terms of Use is being carried out, we advise you not to formalize any payment or contract and to contact us (from the “Have you seen an error” form available in the advertisements or our contact form) as soon as you detect it. We will do our best to help you resolve it.

12. Links or hyperlinks to the Website and other services

We are concerned about the integrity of this Website and other services when it is accessed or viewed from any area created exclusively by third parties. In this regard, you must request the express written permission of foralista before deep linking or framing this Website or any of its contents. If you wish to do so, you must contact info@foralista.com.

You must not link our Website and other services to any other website that contains inappropriate, defamatory, illegal topics, materials or information, or materials or information that violate any third party rights, including intellectual or industrial property rights. We also do not allow the establishment of any type of frames that allow the display of the Website and other services through a different address that may mislead or deceive users about the true origin of the elements or services displayed, or constitute an act of unfair competition (e.g. it may serve to take advantage of the reputation and prestige of foralista, or in any other way, is contrary to current legislation).

13. Protection of Personal Data

When you access the Website and other services and/or use the Services, we may process your personal data. You can obtain detailed information about the manner and purpose for which we will process your data by consulting our Privacy Policy.

We also inform you that we may use “cookies” when you browse the Website and other services. You can obtain detailed information about our use of “cookies” by consulting our Cookies Policy.

14. Duration and termination

Access to the Website and other services and the Services have, in principle, an indefinite duration.

Both the User and the non-user may terminate the relationship at any time, in accordance with the provisions of these Conditions of Use. However, a different duration and need for notice may be established for some cases in the Specific Conditions, in the contract signed by Professional Clients or in the applicable legislation.

15. Applicable law and jurisdiction

These Terms of Use are subject to the laws and regulations in force in the territory of Bizkaia. Any clause of the Terms of Use that is or becomes illegal, invalid or unenforceable will be excluded and replaced by another clause that is as similar as possible, without affecting the User and without giving rise to any compensation. In this case, the rest of the provisions or sections will not be affected.

Any conflict that may arise in relation to the interpretation and/or application of these Conditions of Use will be submitted to and resolved by the Courts and Tribunals of Bilbao.

Without prejudice to the foregoing, if you are a consumer and user resident in the EEA, you may also resort, for the resolution of any online consumer dispute, to the European Commission's Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr. For clarification purposes, Foralista is not committed to nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers.