Legal notice - Photography

Legal notice and information on the conditions of use of the website.

In compliance with the duty of information stipulated in article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, Marcelo del Pozo, as the owner of the website «marcelodelpozo.com», hereby states

1. Identification data:

Company name: Marcelo del Pozo (from now on, “the COMPANY”).
Social housing: Sevilla, España.
E-mail address: marcelo@marcelodelpozo.com

The present information conforms and regulates the conditions of use, the limitations of responsibility and the obligations that, the users of the website published under the domain name «marcelodelpozo.com» (from now on, “the WEBSITE”), assume and commit to respect.

2. Definitions

“Page”, domain “marcelodelpozo.com” which is made available to Internet Users.

“User”, natural or legal person that uses or navigates the Page.

“Content”, are the pages that make up the whole of the WEBSITE, which make up the information and services that the COMPANY makes available to Internet Users. They contain the messages, texts, photographs, graphics, icons, logos, technology, links, textures, drawings, sound and/or image files, recordings, software, appearance, graphic design and source codes and, in general, any kind of material contained in the Page.

“Web”, a technical word that describes the system of access to information via the Internet, which is configured by means of pages made with HTML or similar language, and programming mechanisms such as java, javascript, PHP, or others, etc. In these pages designed and published under an Internet domain name are the result of information that the owner makes available to Internet users.

“Hyperlink”, a technique by which a User can navigate through different pages of the Web, or the Internet, with a simple click on the text, icon, button or callsign that contains the link.

“Cookies”, a technical means for the “traceability” and monitoring of the navigation on the Web sites. They are small text files that are written on the User’s computer. This method has implications for privacy, so the COMPANY will give timely and reliable notice of their use at the time they are implanted on the Page.

3. Users / Conditions of use

The access and/or use of this website attributes the condition of USER, who accepts, from such access and/or use, the present terms of use, without reservations of each and every one of the clauses and general conditions included in the Legal Notice.

If the User does not agree with the clauses and conditions of use of this Legal Notice, he will refrain from using the Page.

4. Use of the website

The WEBSITE provides access to articles, information and data (hereinafter, “THE CONTENTS”) owned by the COMPANY. The USER assumes the responsibility for the use of the website without making the COMPANY responsible.

Some pages of the WEBSITE may allow participation through comments, in which case any user may send texts through the form established for this purpose. By sending such texts, clicking on the corresponding link, the USER undertakes and accepts, to make proper use of the contents that the WEBSITE offers through its website, not to use them for:

To incur in illicit, illegal activities or contrary to good faith and public order.

To spread contents or propaganda of racist, xenophobic, pornographic-illegal character, of apology of the terrorism or attempt against the human rights.

cause damage to the physical and logical systems of the WEBSITE, its suppliers or third parties, introduce or spread computer viruses or any other physical or logical systems that may cause the aforementioned damage.

try to access and, where appropriate, use the email accounts of other users and modify or manipulate their messages.

In short, to respect the applicable legislation, the generally accepted morality and good customs, the public order and the present general conditions of access and use.

To this effect, the USER is obliged and commits NOT to use any of the Contents with illicit purposes or effects, prohibited in the Legal Notice or by the legislation in force, harmful to the rights and interests of third parties, or that in any way could damage, disable, overload, deteriorate or prevent the normal use of the Contents, the computer equipment or the documents, files and all kinds of contents stored in any computer equipment owned or contracted by the COMPANY, of other Users or of any Internet user (hardware and software).

The USER is obliged and undertakes not to transmit, disseminate or make available to third parties any kind of material contained in the Page, such as information, texts, data, contents, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, logos, brands, icons, technology, photographs, software, links, graphic design and source codes, or any other material to which he has access in his capacity as User of the Page, without this list being limitative.

Likewise, in accordance with all this, the USER may not:

Reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify the Contents, unless he has the written and explicit authorization of the COMPANY, which holds the corresponding rights, or unless it is legally permitted.

Delete, manipulate or in any way alter the copyright and other data identifying the reservation of rights of the COMPANY or its owners, the fingerprints and/or digital identifiers, or any other technical means established for their recognition.

The User must abstain from obtaining and even trying to obtain the Contents by using means or procedures other than those which, according to the case, have been made available to him/her for this purpose or have been indicated for this purpose on the web pages where the Contents are found or, in general, those normally used on the Internet for this purpose, provided that they do not entail a risk of damage or disablement of the Page, and/or the Contents.

In the same way, the USER acknowledges

That the COMPANY will not respond in any way for the opinions expressed by the users, who participate under their sole and exclusive responsibility.

That the comments of the users do not represent the opinions of the COMPANY, its partners or its employees.

That the COMPANY does not guarantee, in any case, the publication of the contents sent by the users. In this sense, all comments received will be automatically reviewed by an anti-spam filter and moderated, in terms of their form, by an administrator of the website, which will act in any case respecting the democratic freedoms of expression and information.

Likewise, the COMPANY reserves the right to withdraw all those comments and contributions that violate the respect for the dignity of the person, that are discriminatory, xenophobic, racist, pornographic, that attempt against youth or children, the order or the public security or that, in its opinion, are not suitable for publication.

In any case, the WEBSITE will not be responsible for the opinions expressed by users through the blog or other participation tools that may be created, in accordance with the provisions of the applicable regulations.

5. Privacy policy. Data Protection

The COMPANY is aware of the importance of data protection, as well as the privacy of the USER and therefore has implemented a data processing policy aimed at providing maximum security in the use and collection of data, guaranteeing compliance with current regulations in this area and configuring this policy as one of the basic pillars in the lines of action of the entity. For this reason, the COMPANY insists on the obligatory reading of its “Privacy Policy”.

6. Hyperlinks

As a service to our visitors, our website may include hyperlinks to other sites that are not operated or controlled by the COMPANY. Therefore, the COMPANY does not guarantee, nor is it responsible for the legality, reliability, usefulness, truthfulness and timeliness of the contents of such websites or their privacy practices. Please, before providing your personal information to these websites outside the WEBSITE, please note that their privacy practices may differ from ours.

In addition, those persons who intend to establish hyperlinks between their web page and our WEB SITE must observe and comply with the following conditions:

No prior authorization will be required when the Hyperlink only allows access to the home page, but you may not reproduce it in any way. Any other form of Hyperlink will require the express and unequivocal written authorization of the COMPANY.

No “frames” shall be created with the web pages or on the web pages of the COMPANY.

No false, inaccurate or offensive statements or indications will be made about the COMPANY, its directors, employees or collaborators, or the people who are related to the Page for any reason, or the Users of the Page, or the Contents supplied.

It shall not be stated or given to understand that the COMPANY has authorized the Hyperlink or that it has supervised or assumed in any way the Contents offered or made available to the Web page in which the Hyperlink is established.

The Web page in which the Hyperlink is established may only contain what is strictly necessary to identify the destination of the Hyperlink.

The Web page in which the Hyperlink is established shall not contain any information or content that is illicit, contrary to morality and generally accepted good customs and public order, nor shall it contain content that is contrary to any rights of third parties.

7. Modification of the Legal Notice

In order to improve the performance of the website, the COMPANY reserves the right to make, at any time and without prior notice, modifications and updates to the information contained on the website, to the configuration and design of the website and to this legal notice, as well as to any other specific conditions. Therefore, the USER must read the Legal Notice each and every time he accesses the Page.

8. Intellectual / industrial property

The COMPANY is the owner of all the intellectual and industrial property rights of its web page, as well as of the elements contained in it (by way of example, images, sound, audio, video, software or texts; brands or logos, colour combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.), owned by the COMPANY or its licensors, all rights reserved.

Any use not previously authorized by the COMPANY will be considered a serious breach of the author’s intellectual or industrial property rights.

The USER undertakes to respect the intellectual and industrial property rights owned by the COMPANY. He will be able to visualize the elements of the web and even print them, copy them and store them in the hard disk of his computer or in any other physical support as long as it is, only and exclusively, for his personal and private use. The USER must abstain from deleting, altering, eluding or manipulating any protection device or security system that was installed in the pages of the COMPANY.

All the brands, commercial names or distinctive signs of any kind that appear on the Page are the property of the COMPANY or, if applicable, of third parties that have authorized their use, without the use or access to the Portal and/or the Contents being understood to attribute the User any right over the aforementioned brands, commercial names and/or distinctive signs, and without it being understood that any of the exploitation rights that exist or may exist over said Contents have been assigned to the User.

In the same way, the Contents are the intellectual property of the COMPANY, or of third parties in its case, therefore, the intellectual property rights are owned by the COMPANY or by third parties who have authorized their use, to whom correspond the exclusive exercise of the exploitation rights of the same in any form and, especially, the rights of reproduction, distribution, public communication and transformation. It is expressly forbidden to reproduce, distribute and publicly communicate, including making available, all or part of the contents of this website, for commercial purposes, on any support and by any technical means, without the authorization of the COMPANY.

Unauthorized use of the information contained on this website, as well as the violation of the intellectual or industrial property rights of the COMPANY or third parties included in the page that have transferred content will give rise to the legally established responsibilities.

9. Cookies

Cookies are the technical means for “tracing” and tracking navigation on the Websites. They are small text files that are written on the User’s computer. This method has implications on privacy, so the COMPANY informs that it may use cookies in order to produce statistics on the use of the website as well as to identify the User’s PC allowing it to recognize him/her in his/her next visits. In any case, the user can configure his or her browser not to allow the use of cookies on his or her visits to the web site.

The COMPANY is aware of the importance of data protection, as well as the privacy of the USER and therefore insists on reading the “Cookie Policy” [link to cookie policy] of our website.

10. Availability of the page

The COMPANY does not guarantee the inexistence of interruptions or errors in the access to the Page, to its Contents, nor that they are updated, although it will develop its best efforts to, in its case, avoid them, correct them or update them. Therefore, the COMPANY is not responsible for the damages of any kind produced in the USER that bring about failures or disconnections in the telecommunications networks that produce the suspension, cancellation or interruption of the service of the Portal during the provision of the same or previously.

The COMPANY excludes, with the exceptions contemplated in the current legislation, any responsibility for the damages of any kind that could be due to the lack of availability, continuity or quality of the functioning of the Page and the Contents, to the non fulfillment of the expectation of utility that the users could have attributed to the Page and the Contents.

The function of the Hyperlinks that appear in this Web is exclusively to inform the user about the existence of other Websites that contain information on the subject. Said Hyperlinks do not constitute any suggestion or recommendation whatsoever.

The COMPANY is also not responsible for any security errors that may occur, or for any damage that may be caused to the user’s computer system (hardware and software), or to the files or documents stored therein, as a result of:

The presence of a virus in the user’s computer that is used to connect to the services and contents of the website,
A malfunction of the browser or the use of non-updated versions of the browser.

The COMPANY is not responsible for the contents of these linked pages, the functioning or usefulness of the Hyperlinks or the result of these links, nor does it guarantee the absence of viruses or other elements in them that could produce alterations in the user’s computer system (hardware and software), documents or files, excluding any responsibility for damages of any kind caused to the user for this reason.

Access to the Page does not imply an obligation on the part of the COMPANY to control the absence of viruses, worms or any other harmful computer element. The User is responsible, in any case, for the availability of adequate tools for the detection and disinfection of harmful computer programs, therefore, the COMPANY is not responsible for the possible security errors that may occur during the provision of the service of the Page, nor of the possible damage that could be caused to the computer system of the user or of third parties (hardware and software), the files or documents stored in the same, as a result of the presence of a virus in the computer of the user used for the connection to the services and contents of the Web, of a bad operation of the navigator or of the use of versions nonupdated of the same one.

11. Page Quality

Given the dynamic and changing environment of the information and services provided through the Page, the COMPANY makes its best effort, but does not guarantee the complete truthfulness, accuracy, reliability, usefulness and/or timeliness of the Contents.

The information contained in the pages that make up this Portal is only of an informative, consultative, informative and advertising nature. In no case do they offer or have the character of a binding or contractual commitment.

The COMPANY excludes all responsibility for the decisions that the USER may take based on this information, as well as for the possible typographical errors that the documents and graphics of the Page may contain. The information is subject to possible periodical changes without previous notice of its content due to extension, improvement, correction or updating of the Contents.

12. Availability of the Contents

The provision of the service of the Page and the Contents has, in principle, an indefinite duration. The COMPANY, however, is authorized to terminate or suspend the provision of the service of the Page and/or any of the Contents at any time. Whenever it is reasonably possible, the COMPANY will give prior notice of the termination or suspension of the Page.

13. Jurisdiction

For any questions regarding the interpretation, application and compliance with this Legal Notice, as well as claims that may arise from its use, all parties involved submit to the Judges and Courts of Seville, expressly waiving any other jurisdiction that may correspond to them.

14. Applicable legislation

These conditions are governed by Spanish law.