LEGAL NOTICE

  1. INTRODUCTION

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

Access, browsing and use of the Website confers the status of user of the Website (hereinafter, the ‘User’) and implies express acceptance without reservation of all the terms of this Legal Notice and any other complementary legal texts referred to herein, and their observance and compliance is required of any User who accesses, browses or uses the Website. In the event of not agreeing with the terms set out above, the User must refrain from accessing, browsing or using the Website.

  1. OBJECT

This Legal Notice regulates access to, browsing and use of the Website, through which Barcelona Photographer offers professional photography services. Users are also informed 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.

  1. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

All intellectual and industrial property rights of the Website and the contents offered therein (including, without limitation, photographs, texts, illustrations, logos, brands, 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 of the same for their use and exploitation.

Under no circumstances shall access, browsing and use of the Website by the User be understood to imply a waiver, transmission, licence or total or partial transfer of said 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 third parties, implicitly prohibit their use without the consent of Barcelona Photographer or their legitimate owners. At no time, unless expressly stated to the contrary, does access to, browsing or use of the Website and/or its contents confer on the User any right whatsoever 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 forbidden to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, all or part of the contents included on the Website, for public or commercial purposes, without the prior, express written authorisation of Barcelona Photographer or, where applicable, of the holder of the corresponding rights.

  1. TERMS AND CONDITIONS OF USE OF THE WEBSITE

Access to or use of the Website for illegal or unauthorised purposes, with or without economic purpose, is not permitted and, therefore, its consequences shall be the sole responsibility of the User. In particular, and merely by way of example, it is prohibited:

  • Provide false, inaccurate or incomplete information through the forms on the Website.
  • Use the Website in any way that may cause damage, interruptions, inefficiencies or defects in its operation or in the computer of a third party.
  • Use the Website for the transmission, installation or publication of any viruses, malicious code or other harmful programs or files.
  • Use the Website to collect personal data of other Users.
  • Use the Website in an illegal manner, against good faith, morality and public order.
  • Gain unauthorised access to any section of the Website, to other systems or networks connected to the Website, to any Barcelona Photographer server, or to 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.
  • Carry out 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 foregoing obligations may lead to Barcelona Photographer adopting the measures it deems appropriate to defend its rights and interests, including denial of access to the services offered through the Website, without the possibility of any compensation for the User for any damages caused.

  1. LINKS

This Legal Notice refers only 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, nor does it assume any responsibility for them.

The User acknowledges and agrees 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.

Furthermore, 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 any reliance placed by the User on the completeness, accuracy or existence of any advertising, products or other materials offered through such websites or resources.

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

  • The link will only link to the Website and may not reproduce the content of the Website or parts of it in any way.
  • Frames of any kind may not be set up around the Website or allow it to be viewed through different Internet addresses or in conjunction with external content in such a way as to cause, or be likely to cause, error or confusion among Users as to the origin of the service or its content, imply an act of unfair comparison or imitation, or be done in any other way that is prohibited by law.
  • No false or inaccurate statement of any kind may be made from the website that includes the link about Barcelona Photographer, about the quality of its services or about its partners, employees or clients, nor may it be implied that Barcelona Photographer has authorised the link or that it has otherwise supervised or assumed the contents or services offered through the external website.
  • The use of any trademark or other distinctive sign of Barcelona Photographer within its website is prohibited, except in cases authorised by law or expressly permitted by Barcelona Photographer.
  • The website that includes the link must comply with current legislation and may not contain or link to content that is unlawful, harmful, contrary to generally accepted morals and good customs and public order, nor may it contain content that is contrary to the rights of third parties, that gives or could give the false idea that Barcelona Photographer endorses or supports the ideas, statements or actions of the sender or that is inappropriate in relation to the activity carried out by Barcelona Photographer, bearing in mind the content and general subject matter of the website where the link is established.
  1. EXCLUSION OF LIABILITY

Barcelona Photographer neither guarantees nor accepts responsibility for: (i) the continuity of the contents of the Website; (ii) the absence of errors in said contents; (iii) the absence of viruses and/or other harmful components on the Website or on the server that supplies 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 contents of the Website; and (vi) any damage or harm caused, to oneself 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 infringement of the Website’s security systems.

Barcelona Photographer therefore declares that it has adopted all the necessary measures, within its possibilities and the state of the art, to guarantee 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, completeness or updating of the information published on the Website from sources outside the Website and shall not assume responsibility for any hypothetical damages that may arise from the use of the aforementioned information.

  1. NOTIFICATION OF POSSIBLE INFRINGEMENTS

Should the User find any information or content on the Website that could be illicit, illegal, contrary to the regulations or this Legal Notice, or that could infringe the rights of third parties, please contact Barcelona Photographer via the e-mail address info@barcelonaphotographer.com, indicating:

  • Personal details of the caller (name and e-mail address).
  • Description of the content or information on the Website that you consider to be unlawful, inappropriate or infringing third party rights.
  • In the case of infringement of third party rights, the details of the owner of the infringed right, if different from the sender. You must also provide the title accrediting the legitimacy of the holder of the rights and, where appropriate, the title of representation to act on behalf of the holder when it is a person other than the communicating party.

Receipt by Barcelona Photographer of the communication provided for in this clause does not imply, in accordance with the provisions of the LSSI, effective knowledge of the activities and/or contents indicated by the communicating party.

  1. DATA PROTECTION

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

  1. MODIFICATIONS

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

  1. APPLICABLE LAW AND JURISDICTION

This Legal Notice is governed by the common Spanish regulations. Any dispute relating to the same or to the Website shall be submitted to the Courts and Tribunals of the city of Barcelona (Spain), and the parties expressly waive any other jurisdiction to which they may be entitled.