General Terms and Conditions

1. Introduction

These provisions govern the use of the kommons.com web site here in after, the “Web Site” or the “Portal”), as well as the use of the services offered by MONMAR GESTION 3, S.L. (“KOMMONS”) through the site.

By accessing to the Web Site or, as the case may be, when accepting the present General Conditions, you (here in after, the “Client“) confirm that you have read and agree to this conditions and, in consequence, you start a legal relationship with KOMMONS in accordance with its provisions.

Registration within the Portal and the use of its services implies that your data as a Client will be included in KOMMONS files and will be processed in accordance with the provisions of the Privacy Policy, which the Client expressly states that he/she understands and accepts.

The General Conditions included will be the conditions in force at the relevant moment.

The access to the Web Site is free, except as regards the cost of connection via the telecommunications network provided by the supplier contracted by the Client.

Access to “My KOMMONS” area is an exclusive service, solely for those Clients who are registered and active in KOMMONS. A Client is active once he/she is registered using the procedures established in the Web Site and once there is confirmation of the contractual link by means of the sending of information on the registration to the e-mail address indicated during the Client registration process.

In case of breach by the Client of any of the obligations set forth in this General Conditions, KOMMONS reserves the right to prohibit or deny the access to any of the Services offered through the Portal, without prejudice to any other actions that KOMMONS might have.

KOMMONS, to extent permitted by the applicable law, reserves the right to unilaterally modify at any time and without prior notice, the manner and conditions of subscription and contracting for the service(s) of KOMMONS, on the Portal, as well as the present General Conditions. These General Conditions will always be available to Clients in a visible location, freely accessible for viewing as many times as they wish. Clients undertake to read these General Conditions carefully each time that they access to the Web Site. In any case, the acceptance of the General Conditions will be a prior and indispensable step for contracting any services offered by KOMMONS through the Portal.

Kommons.com is an online classified advertising website.

You must be 18 years of age or over to use this site. Kommons.com may update the Terms from time to time so please review the relevant pages regularly. By continuing to use the Site after any such change, you accept and agree to the modified Terms. The Site reserves the right to modify or discontinue, temporarily or permanently, the Site, any site features, benefits (including without limitation blocking or terminating your Account), rules or conditions, all without notice, even though such changes may affect the way you use the Site. You agree that the Site will not be liable to you or any third-party for any modification or discontinuance of the Site.

Any Client shall access and use the Web Site in accordance with this General Conditions, the law, ethics, good faith and/or proper customs, and will abstain from carrying out any kind of act which involves any kind of damage to the Web Site itself, to KOMMONS, and/or the other Clients and/or any third party.

2. Contracting the advertisement services

The access and contracting process and the terms and conditions of the provision of the services by KOMMONS will be subject at all times to the provisions set out on the Portal.

The Site may impose a fee on the posting of Content in certain areas of the Site. Users uploading Content to fee-based areas are responsible for such Content and for compliance with these Terms. Under no circumstances will the Site provide a refund in the event that Content is removed from fee-based areas for violation of these Terms.

Likewise, the Client, when contracting the provision of services, expressly undertakes to supply true and licit information in this regard, and assumes for these purposes any damages caused directly or indirectly to KOMMONS and/or to any third party arising from from the lack of truthfulness or the illicit nature of the data supplied by him/her.

As a condition of your use of Kommons you agree that you will not:

• Violate any laws.
• Violate the Posting Rules.
• Post any threatening, abusive, defamatory, obscene or indecent material.
• Be false or misleading.
• Infringe any third-party right.
• Distribute or contain spam, chain letters, or pyramid schemes.
• Distribute viruses or any other technologies that may harm KOMMONS or the interests or property of KOMMONS users.
• Impose an unreasonable load on our infrastructure or interfere with the proper working of KOMMONS.
• Copy, modify, or distribute any other person's content without their consent
• Use any robot spider, scraper or other automated means to access KOMMONS and collect content for any purpose without our express written permission.
• Harvest or otherwise collect information about others, including email addresses, without their consent.
• Bypass measures used to prevent or restrict access to KOMMONS.
• Contact anyone who has asked not to be contacted.
• Collect personal data about other users for commercial or unlawful purposes.
• Post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content, or otherwise impose an unreasonable or disproportionately large load on our infrastructure.
• Post the same item or service in more than one classified category or forum, or in more than one metropolitan area.
• Use the Website to promote or facilitate prostitution, solicitation of prostitution, human trafficking or sex trafficking, modern slavery or slavery of any type.

3. Password

KOMMONS will provide an identifier and a password to the Client, which is personal and non-transferrable, in order to allow the Client to use this website or the services offered by KOMMONS on its Portal. The Client undertakes to preserve the confidentiality thereof, by not allowing the use of his/her own access code/Client name/password to third parties and accepting, therefore, any consequences deriving from the breach of that obligation. The password may be modified at the request of either party. If such modification were to take place at the express request of KOMMONS, the Client will be notified of the date of de-activation and replacement of the password by a new one.

KOMMONS does not assume any responsibility for any damage or loss caused to the Client and/or to any third party as a consequence of the loss or theft of the access code/ Client name/ password and/or as a consequence of their use by a third party.

4. Intellectual Property Rights

KOMMONS is the owner of the domain KOMMONS.com.
All exploitation rights are reserved.

This Website is protected by legislation on intellectual and industrial property.
The Portal, in its entirely, including without any exceptions, its design, structure and distribution, text and contents, logos, buttons, images, source code, as well as the intellectual and industrial property rights and any other distinctive sign related to the aforementioned, to the Web Site itself, and any other that appears on the website, as well as all those related to the services offered by KOMMONS and those owned by KOMMONS, are subject to intellectual and industrial property rights by KOMMONS and/or third parties who have authorized their inclusion in the Website.

Therefore, it is prohibited to, by means, their use, exploitation, copy, reproduction, as well as their elimination, damage, and/or modification, registration and/or request of registration them, partially or totally, temporarily or permanently, and any other similar presently or in the future without the KOMMONS’s express and written authorization, and/or of the corresponding owner, without the possibility to understand that exists a licence or authorization whatever its nature, total and/or partial, to any third parties and/or client by KOMMONS and/or from the corresponding owner.

KOMMONS reserves the right to unilaterally redesign and modify, in any moment, and without further notice, the presentation and configuration of the Web Site.
The client will abstain, in every case, from deleting, altering, avoiding or manipulating any security device or security system that may be installed on the Portal.

5. Limitation of Liability

There is no relationship or association of any kind between KOMMONS and the owners of the websites linked to, therefore, KOMMONS is not responsible for third-party websites, neither their utility, trustworthiness, accuracy, nor for the contents included in such sites; they are websites that belong to independent corporations without existing association or relationship. KOMMONS is not responsible for any harm and/or damage and/or losses of profit of the Client or of a third party who is damaged by the opinions, representations, data and/or content that, in this case, can be emitted directly or indirectly the Clients and/or third parties for any reason, any time and any by any mean on the Portal.

KOMMONS does not ensure the continuous, reliable, permanent operation of the Web Site, without a delay or interruption; therefore, KOMMONS is not responsible for any damage and/or harm and/or loss of profit these may cause for the Client or a third party.

KOMMONS is not responsible for any damage and/or loss of profit for the Client or a third party as a consequence of a circumstance of force majeure, fortuitous event, failure or error in the communications lines, or for the defective rendered service or failure of the Internet.

You agree that our service is a venue for posters and users of KOMMONS. In the event that you have a dispute with any user of KOMMONS, you agree that KOMMONS is under no obligation to become involved. You further agree to release KOMMONS from any and all claims, demands and damages arising out of or in connection with such dispute. You are entirely responsible and liable for any ad content you post or any ad that is posted through your Account.

The Site does not offer any refunds for the early cancellation of paid sponsor ads or paid ads. We do not issue credits or refunds due to our extremely low rates and minimal administrative staff.

KOMMONS is not responsible for any harm and/or damage caused to any Client or third party, neither for harm and/or damages suffered by any Client or third party, caused directly or indirectly by the use and/or access and/or connection to the Portal and/or other linked websites, not being KOMMONS responsible for any harm or damage caused to a Client or third party due to incorrect operation, defects, errors or damage caused, totally or partially, to any hardware or software, as well as the loss/alteration and/or damage to the information stored in magnetic supports, disks, tapes, floppy disks and others, as well as the introduction of computer viruses or undesired variations or alterations on the information, documents, files, databases, hardware and/or software.

KOMMONS is not responsible for any harm and/or damage caused to the Client that is not imputable solely, directly and exclusively, to a wilful or negligent action or omission by the company, when the Client and/or a third party or the people who they have to respond to are guilty of this harm and/or damage, or of any harm/damage caused to third parties and/or any loss of profit or benefits suffered by the Client and/or third parties. The links that KOMMONS offers the Client have the purpose of making easier the search of available information on the Internet. KOMMONS cannot ensure that the system is adequate for any services outside of the one hired neither that it provides access to all sites on the Internet. KOMMONS does not offer neither commercialise the services available in the linked sites, nor does it assume any responsibility for these products or services.

The links that KOMMONS offers the Client have the purpose of making easier the search of available information on the Internet. KOMMONS cannot ensure that the system is adequate for any services outside of the one hired neither that it provides access to all sites on the Internet. KOMMONS does not offer neither commercialise the services available in the linked sites, nor does it assume any responsibility for these products or services.

KOMMONS does not control the use of the services made by the Client. In this sense, KOMMONS is not responsible for the use and/or the content that, in violation of the law and/or these Terms and Conditions and/or the applicable Particular Terms and Conditions, the Client may make. KOMMONS is not responsible for the content and/or information and/or data transmitted, neither originating the transmission, not modifying the data, neither selecting it nor the addressee, being, therefore, the Client the only person responsible for the consequences his/her unlawful use or the use in disagreement with these Terms and Conditions can have, as well as the truthfulness and/or lawfulness of the contents provided by the Client. To these effects, the Client has the obligation to use the services according to the applicable law.

In the event that KOMMONS is aware, by any means, directly or indirectly, of the existence of contents that may infringe on the current laws or these Terms and Conditions and/or the applicable Particular Terms and Conditions, or of the unlawful, unauthorised or fraudulent use, KOMMONS is entitled to suspend the services, totally or partially, without the Client’s prior authorisation, by eliminating the infringing contents or taking any other measures considered necessary to disallow the continuity in the infringement detected.

Without prejudice of the above, KOMMONS shall be entitled to communicate to the administrative or judicial authorities the acts that may constitute an illegal activity, without notification to the Client.

Specifically, KOMMONS is not responsible for the defective provision or interruption of the services commercialised and provided in the following events:

• Interruption of the services due to network maintenance.
• Discontinuity in the service caused by the introduction from the client and/or any third parties of hardware or software components that cause a defective operation of the technical systems or that are incompatible with the elements of the system.
• Interruption of the services due to the inability of access to the broadband support.
• Interruption of the services due to an incorrect use or their inadequacy.
• Interruption of the services due to the errors in the electrical power supply to the equipment and devices used by the client to access the services.
• Causes attributable to a third party or force majeure.
• Lost of quality of the service or connection capacity, for causes not directly attributable to KOMMONS.
• Administrative or judicial resolutions.
• Incorrect configuration of the necessary installation by people not related to KOMMONS and/or by the client and/or any third parties.
• Harm and/or damages that cannot be attributed solely, directly nor exclusively, to KOMMONS.
• Lost of profit for the client and/or any third parties.
• Harm and/or damages, of any kind, arising from client and/or a third parties fault.
• Harm and/or damages caused directly or indirectly to the client and/or to any third parties by not directly causes attributable to KOMMONS.

The unpredictable events, as well as the force majeure cases, official measures, errors in the telecommunications connections not directly attributable to KOMMONS, will exempt KOMMONS from providing services while the unpredictable events, etc., last.

6. Confidentiality

KOMMONS, as well as its personnel and technical support will process and keep the entire Client’s information they have access to while they are carrying out their job duties. They will not use it, divulge it or allow to be used or divulged by unauthorized third parties. This confidentiality obligation subsists even after KOMMONS employees have finished their working relationship with KOMMONS.

7.- Takedown policy

All the published ads can be removed using settings in the private area as well as shutting down the account.
When the user removes the account, all data in the digital platform database will be deleted.
Another option to remove the data from the platform is sending an email request to [email protected].
Once the notification is received, the ‘Notification and deletion’ procedure starts as follows:

We will acknowledge receiving your complaint by email and we will do an initial assessment of the complaint validity and a proper verification of the account holder.
Once the complaint is validated, the material will be temporarily removed from the website pending an agreed solution.

If you have discovered material on our website, or in our collection of electronic documents that you consider illegal, for example, it infringes the copyright (either yours or a third party) or any other law, including, but not limited to, patents, trademarks, confidentiality, data protection, obscenity, defamation, libel or incitement to terrorism, or any other act of a criminal nature, contact [email protected] and provide the following information:

• Your contact details
• The details of the dataset or the relevant part of that dataset, including the URL when possible
• The nature of your complaint or concern.
• A statement that your complaint was made in good faith and is accurate.

8. Applicable law and Jurisdiction

All the discrepancies, claims and controversies that may arise shall be settled by competent courts according to the applicable legislation.

The present General Conditions are governed and interpreted in accordance with Spanish law.

The present General Terms and Conditions shall be effective on March 5th, 2017.

IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY PORTION THEREOF, OR DO NOT AGREE WITH THESE TERMS, YOUR ONLY RECOURSE AND EXCLUSIVE REMEDY SHALL BE TO STOP USING THE SITE.