Legal notice

This legal notice (hereinafter, the ‘Legal Notice’) regulates access, browsing and use of the website ‘www.barcelonaphotographer.com’ (hereinafter, the ‘Website’), owned by Katherin Wermke, with registered office at C/ Sant Salvador 107, Local, 08024 Barcelona, Spain, and provided with Tax Identification Number X3655770N (hereinafter, ‘Barcelona Photographer’).

Access, browsing and use of the Website confers the status of Website user (hereinafter, the ‘User’) and implies the express and unreserved acceptance of all the terms of this Legal Notice and any other complementary legal texts referenced therein, the observance and compliance of which is enforceable with respect to any User who accesses, browses or uses the Website. If you do not agree with the terms set out herein, you must refrain from accessing, browsing or using the Website.

This Legal Notice regulates access, browsing and use of the Website, through which Barcelona Photographer offers professional photography services. It also informs Users of their rights and obligations in relation to the content displayed on the Website, logos and trademarks used, as well as the responsibilities that may arise from accessing the Website.

All intellectual and industrial property rights to the Website and the content offered therein (including, without limitation, photographs, texts, illustrations, logos, trademarks, graphics, designs, interfaces, or any other information or content) are the property of Barcelona Photographer or, where applicable, it has a licence or express authorisation from the authors or owners thereof for their use and exploitation.

Under no circumstances shall access, browsing and use of the Website by the User imply a waiver, transfer, licence or total or partial assignment of such rights by Barcelona Photographer. The User has the right to use the contents of the Website solely for the purpose of using this Website, in accordance with this Legal Notice.

References to registered trademarks or trade names, or other distinctive signs, whether owned by Barcelona Photographer or by third parties, imply a prohibition on their use without the consent of Barcelona Photographer or their legitimate owners. At no time, unless expressly stated otherwise, does access, browsing or use of the Website and/or its contents confer on the User any rights over the distinctive signs included therein.

All intellectual and industrial property rights over the contents of the Website are reserved and, in particular, it is prohibited to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, all or part of the content included on the Website, for public or commercial purposes, without the prior, express and written authorisation of Barcelona Photographer or, where applicable, the owner of the corresponding rights.

Accessing or using the Website for illegal or unauthorised purposes, whether or not for financial gain, is not permitted and, therefore, the User shall be solely responsible for any consequences thereof. In particular, and by way of example only, the following is prohibited:

• Providing false, inaccurate or incomplete information through the forms on the Website.
• Using the Website in any way that may cause damage, interruptions, inefficiencies or defects in its operation or in the computer of a third party.
• Using the Website for the transmission, installation or publication of any virus, malicious code or other harmful programmes or files.
• Using the Website to collect personal data from other Users.
• Using the Website illegally, contrary to good faith, morality and public order.
• Accessing without authorisation any section of the Website, other systems or networks connected to the Website, any Barcelona Photographer server, or the services offered through the Website, by means of hacking or falsification, password extraction or any other illegitimate means.
• Breaking, or attempting to break, the security or authentication measures of the Website or any network connected to it, or the security or protection measures inherent in the content offered on the Website.
• Performing any action that causes disproportionate or unnecessary saturation of the Website’s infrastructure or Barcelona Photographer’s systems or networks, as well as the systems and networks connected to the Website.

Failure by the User to comply with any of the above obligations may result in Barcelona Photographer taking the measures it deems appropriate to defend its rights and interests, including denying access to the services offered through the Website, without the User being entitled to any compensation for the damages caused.

This Legal Notice refers solely to the Website and does not apply to third-party websites accessible through the Website or, in general, any other service provided by third parties. Barcelona Photographer does not control the information, content, products or services provided through third-party websites and assumes no responsibility for them.

The User acknowledges and accepts that Barcelona Photographer shall not be responsible for the availability of external websites or resources, and does not endorse any advertising, products or other materials offered through such websites or resources.

Likewise, the User acknowledges and accepts that Barcelona Photographer shall not be liable for any loss or damage that the User may incur as a result of the availability of the aforementioned external websites or resources, or as a result of the credibility given to the completeness, accuracy or existence of any type of advertising, products or other materials offered through such websites or resources.

Users who wish to include links to the Website from their own website must comply with the following conditions:

 

• The link shall only connect to the Website and may not reproduce the content of the Website or parts thereof in any way.
• No frames of any kind may be established that surround the Website or allow it to be viewed through different Internet addresses or in conjunction with content unrelated to it, in such a way that it causes, or may cause, error or confusion among Users as to the origin of the service or its content, implies an act of unfair comparison or imitation, or is done in any other way that is prohibited by law.
• No false or inaccurate statements about Barcelona Photographer, the quality of its services or its partners, employees or customers may be made from the website that includes the link, nor may it be implied that Barcelona Photographer has authorised the link or otherwise supervised or assumed responsibility for the content or services offered through the external website.
• The use of any trademark or other distinctive sign of Barcelona Photographer on your website is prohibited, except in cases authorised by law or expressly permitted by Barcelona Photographer.
• The link must comply with current legislation and may not contain or link to content that is illegal, harmful, contrary to generally accepted morals and good customs and public order, nor may it contain content that is contrary to any third-party rights, which produces or may produce the false idea that Barcelona Photographer endorses or supports the ideas, statements or actions of the sender, or that are inappropriate in relation to the activity carried out by Barcelona Photographer, taking into account the content and general theme of the website where the link is established.

Barcelona Photographer does not guarantee and is not responsible for: (i) the continuity of the Website’s content; (ii) the absence of errors in said content; (iii) the absence of viruses and/or other harmful components on the Website or on the server that provides it; (iv) the invulnerability of the Website and/or the impossibility of breaching the security measures adopted therein; (v) the lack of usefulness or performance of the Website’s content; and (vi) any damage or harm caused to itself or to a third party by any person who infringes the conditions, rules and instructions that Barcelona Photographer establishes on the Website or through the violation of the Website’s security systems.

Therefore, Barcelona Photographer declares that it has taken all necessary measures, within its capabilities and the state of the art, to ensure the functioning of the Website and to minimise system errors, both from a technical and legal and organisational point of view.

Barcelona Photographer shall not be liable for the accuracy, integrity or updating of the information published on the Website from sources other than itself and shall not be liable for any hypothetical damages that may arise from the use of such information.

In the event that the User finds any information or content on the Website that could be unlawful, illegal, contrary to regulations or this Legal Notice, or that could constitute an infringement of third-party rights, please contact Barcelona Photographer at the email address info@barcelonaphotographer.com, indicating:

• Personal details of the person making the report (name and email address).
• Description of the content or information on the Website that you consider unlawful, inappropriate or infringing the rights of third parties.
• In the event of a violation of the rights of third parties, the details of the owner of the infringed right, if different from the person making the report. You must also provide proof of the legitimacy of the rights holder and, where applicable, proof of representation to act on behalf of the rights holder when this is a person other than the person making the communication.

Receipt by Barcelona Photographer of the communication provided for in this clause shall not imply, in accordance with the provisions of the LSSI, actual knowledge of the activities and/or content indicated by the person making the communication.

Personal data provided by the User through the Website will be processed in accordance with the provisions of Barcelona Photographer’s Privacy Policy.

This Legal Notice may be modified and/or updated at any time without prior notice. Modifications or updates will be published on the Website and will be accessible to Users. Consequently, Users should periodically review this Legal Notice.

This Legal Notice is governed by common Spanish law. Any dispute relating to it or to the Website shall be submitted to the Courts and Tribunals of the city of Barcelona (Spain), with the parties expressly waiving any other jurisdiction that may apply to them.