Legal Notice

In order to comply with Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce, and in particular, Article 10 thereof, the following Legal Notice is made available to the user.

It shall be observed and complied with by any person accessing, browsing or using the Web Site https://fondosparafotografos.com/ (hereinafter, the “Web Site”) owned by Manuel Pérez de Guzmán. If you do not agree with the above conditions, do not access, browse or use the same.

1. IDENTIFICATION OF THE OWNER

  • Owner: WE ARE SAMA S.L. (hereinafter, the “Holder”)
  • Company address: Calle Andrés Martínez, 29, 28300 – Aranjuez, Madrid.
  • CIF: B06829915
  • E-mail: rgpd@fondosparafotografos.com

2. OBJECT

This Legal Notice sets out the rules for accessing, browsing and using the Website. However, access to certain content and the use of certain services may be subject to certain specific conditions, which shall in any case be clearly displayed and must be expressly accepted by users (hereinafter, “User” or “Users”). These particular conditions may replace, complete or, where appropriate, modify those established in this Legal Notice.

3. WEBSITE

Through the Website, the User may carry out the following actions:

1. Register as a user of the Website;
2. Know the specifications of the services offered;
3. Contract the services offered;
4. Obtain information about social networks;
5. View the content offered on the Website;
6. Contact the Responsible via the contact form;
7. Access the different offers of third parties located on the Website;
8. Access the legal texts that regulate the navigation of the Web Site. ACCESS AND REGISTRATION

Access to the contents of the Web Site is completely free.
When a User provides personal data through any of the forms provided for this purpose on the Web Site, it will be necessary to previously accept the Privacy Policy.

In any case, access and navigation on the Web Site by minors under fourteen (18) years of age is prohibited. It shall be presumed that access by a minor to the Website has been made with the prior and express authorization of their parents, guardians or legal representatives.

Under no circumstances shall the Owner be responsible for the accuracy of the data provided by the Users, so each of them shall be solely responsible for any consequences, errors and failures that may arise from the lack of accuracy of the data provided.

5. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

1. Rights over the content

The Proprietor owns or, where applicable, holds the corresponding licences over the intellectual and industrial property exploitation rights necessary to operate the Website, as well as all the content offered on the Website, including the Website itself, texts, photographs or illustrations, logos, trademarks, graphics, designs, interfaces, or any other information or content, and the services available through the Website.

2. Rights over the Website

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 said rights by the Proprietor. The User has the right to use the contents and/or services of the Website within a strictly domestic context and solely for the purpose of enjoying the services provided in accordance with this Legal Notice.

References to registered trademarks or trade names, or other distinctive signs, whether owned by Titular or third parties, imply a prohibition on their use without the consent of Titular or their legitimate owners. At no time does access, browsing or use of the Website and/or its contents confer on the User any right over the distinctive signs included therein, unless otherwise provided for in this Legal Notice.

All intellectual and industrial property rights over the contents and/or services 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 any purpose without the prior, express written authorisation of the Owner or, where appropriate, of the Holder of the corresponding rights.

It is also forbidden to remove or manipulate the copyright indications or other credits that identify the holders of the rights of the contents that the User finds on the Website, as well as the technical protection devices, digital fingerprints, or any protection mechanism or information incorporated into the contents offered on the Website.

The services offered, or any information made available through the Website may not be used for commercial or advertising purposes without prior authorisation from the Owner.

In any case, the User undertakes not to use the Website for illegal or prohibited purposes.

3. Rights over the contents and information disseminated by the User

In the event that the User sends information or contents of any kind to Titular through any of the channels provided for this purpose, the User declares, guarantees and accepts that he/she has the right to do so freely, that such information does not infringe any intellectual or industrial property rights, trade secrets or any other rights of third parties, and that such information is not confidential or harmful to third parties.

The User acknowledges that he/she assumes responsibility, leaving Titular unharmed, for any communication or content sent personally or on his/her behalf.

If the User becomes aware of the existence of any illicit, illegal or unlawful content or content that could infringe intellectual or industrial property rights, or any other type of content, he/she must immediately notify Titular via the e-mail address info@fondosparafotografos.com so that the latter can proceed to take the appropriate measures.

Similarly, in the event that any User or third party considers that any of the contents of the Website, owned by Titular, infringes their intellectual, industrial or any other type of property rights, they must send a communication to info@fondosparafotografos.com with the following information:

  1. Identifying details and means of contact of the claimant or his/her legal representative;
  2. Documentation accrediting his/her status as the holder of the allegedly infringed rights;
  3. Detailed account of the rights allegedly infringed by Titular, as well as their exact location within the Website;
  4. Express declaration by the claimant that the use of the contents has been made without the consent of the holder of the allegedly infringed rights.

6. LINKS

1. Links to other websites

In the event that the Website displays links to other websites through different buttons, links, banners or embedded content, Titular informs that these are managed by third parties, and Titular does not have the human or technical means to know in advance and/or control and/or approve all the information, content, products or services provided by other platforms to which links may be established from the Website.

Consequently, Titular cannot assume any liability for any aspect relating to the Website or web page to which a link may be established from the Website, specifically, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.

In this regard, if Users have actual knowledge that the activities carried out through these third-party websites are illegal or contravene morality and/or public order, they must immediately notify the Owner so that it can proceed to disable the access link to them, an action that will be carried out as soon as possible.

In any case, the establishment of any type of link from the Website to another external website shall not imply that there is any type of relationship, collaboration or dependence between the Owner and the person responsible for said external website.

2. Links to the Website on other platforms and social networks

Holder makes available to Users, through different tools and applications, means of linking that allow Users to access the channels and pages of the Website that it maintains on different platforms and social networks belonging to and/or managed by third parties (e.g. Facebook, etc.). The inclusion of these links on the Website is for the sole purpose of providing Users with access to said channels on the different platforms and social networks.

The establishment of these applications does not imply the existence of any relationship between Owner and the owner, manufacturer or distributor of the linked Website, nor the acceptance and approval by Owner of its contents and/or services, with the owner, manufacturer or distributor being solely responsible for the same.

The activation and use of these applications may involve the identification and authentication of the User (login/password) on the corresponding platforms, totally external to the Website and beyond the control of the Owner. By accessing such external networks, the User enters an environment not controlled by the Proprietor, and the Proprietor assumes no responsibility for the security settings of such environments.

Since the Proprietor may have limited control over the content hosted on such channels, the User acknowledges and agrees that the Proprietor assumes no responsibility for the content or services that the User may access on such pages, nor for the content, products, services, advertising or other material available on such pages.

3. Links on other web pages to the Website

Owner does not authorise the establishment of a link to the Website from those pages that contain materials, information or contents that are illicit, illegal, degrading, obscene and, in general, that contravene the law, morality or public order, or generally accepted social norms.
In any case, Users may establish links to the Website, provided that they comply with the following conditions:

  1. The link may not reproduce in any way the content of the Website or parts thereof;
  2. It is not permitted to create a browsing environment or border on sections of the Website, or to modify the Website in any other way;
  3. It is not permitted to make false, inaccurate or incorrect statements or indications about the Website and, in particular, to state or imply that the Owner has authorised the link or that it has supervised or assumed in any way the contents or services offered or made available on the web page on which said link is established;
  4. The web page on which the link to the Website is established shall not contain information or content that is illicit, contrary to morality and generally accepted good customs and public order, nor shall it contain content contrary to any third party rights, including intellectual or industrial property rights and/or the right to honour, to personal or family privacy or to one’s own image or any other right, nor content contrary to the regulations on the protection of personal data.

    However, the Proprietor declares that it has taken all necessary measures, within its possibilities and the state of the art, to ensure the functioning of the Website and to minimise system errors, both from a technical point of view and in terms of the content published on the Website.

    The Proprietor shall not be liable for the accuracy, completeness or updating of the information contained on other platforms to which it links from the Website. The Proprietor shall not be liable for hypothetical damages that may arise from the use of such information.

    The Proprietor shall not be liable for causes beyond its control, including but not limited to: force majeure, internet access problems, technological problems beyond the diligent and reasonable management of the Proprietor, actions or omissions of third parties, etc. In all the aforementioned cases, beyond the control and due diligence of the Proprietor, there shall be no entitlement to compensation from the Proprietor to the User for damages or losses, to the extent permitted by current legislation.

    9. SUSPENSION OF THE WEBSITE

    The Proprietor reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, the access, browsing, use, hosting and/or downloading of the content and/or use of services of the Website, with or without prior notice, to Users who contravene any of the provisions detailed in this legal notice, without the possibility of the User being able to claim any compensation for this cause.

    10. DATA PROTECTION

    In accordance with the provisions of Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the guarantee of digital rights, all personal data collected during the use of the Website will be processed in accordance with the provisions of the Privacy Policy, which all Users must expressly accept in the event of providing personal data through the Website.

    11. GENERAL

    The headings of the different clauses are for information purposes only, and shall not affect, qualify or extend the interpretation of this Legal Notice. Likewise, the Holder may modify the conditions stipulated herein, in whole or in part, by publishing any change in the same form in which this Legal Notice appears or through any type of communication addressed to Users.

    The temporary validity of this Legal Notice coincides, therefore, with the time of its exposure, until it is totally or partially modified, at which time the modified legal notice will come into force.

    The Proprietor may terminate, suspend or interrupt, at any time and without prior notice, access to the contents of the Website, without the possibility for the User to claim any compensation. After such termination, the prohibitions on the use of the contents set out above in this legal notice shall remain in force.

    In the event that any provision of this legal notice is declared null and void or unenforceable, in whole or in part, by any Court, Tribunal or competent administrative body, such nullity or unenforceability shall not affect the remaining provisions of this legal notice.

    The failure of the Owner to exercise or enforce any right or condition contained in this legal notice shall not constitute a waiver thereof, unless acknowledged and agreed to in writing by the Owner.

    12. APPLICABLE LAW AND COMPETENT JURISDICTION

    Access to and use of the Website shall be governed by and construed in accordance with Spanish law.

    In the event of any conflict or discrepancy arising in the interpretation and/or application of the Legal Notice or the General Terms and Conditions of Purchase, the competent Courts shall be those provided for in the applicable legal regulations.

    Online consumer dispute resolution in accordance with Art. 14.1 of Regulation (EU) 524/2013: The European Commission provides an online dispute resolution platform which is available at the following link: http://ec.europa.eu/consumers/odr/Last updated: 14 May 2021.