Amplify Photo & Video

LEGAL NOTICE

Information Society Services Act (LSSI)

Amplify Photo, as the party responsible for this website (hereinafter, the CONTROLLER), makes this document available to users in order to comply with the obligations set out in Spanish Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (LSSICE), and to inform all users of the website about its conditions of use.

Any person who accesses this website assumes the role of user, undertaking to observe and strictly comply with the provisions set out herein, as well as any other applicable legal provision.

Amplify Photo reserves the right to modify any information that may appear on the website, without any obligation to give prior notice to users, it being understood that publication on the Amplify Photo website is sufficient.

1. Identifying details

  • Company name: Carles Cardelús Falguera
  • Trade name: Amplify Photo
  • Tax ID (CIF): 40320838K
  • Registered address: Carrer de Pau Claris, 173, 1r 1a. 08037 Barcelona
  • Email: bcn@amplify.photo

2. Purpose

Through the Website, we offer Users the possibility of accessing information about our services.

3. Privacy and data processing

Where the access to certain content or services requires the provision of personal data, Users shall guarantee its truthfulness, accuracy, authenticity and validity. The company will process such data automatically as appropriate according to its nature or purpose, under the terms set out in the Privacy Policy section.

4. Industrial and intellectual property

The User acknowledges and accepts that all content displayed on the Website — in particular designs, texts, images, logos, icons, buttons, software, trade names, trademarks or any other signs capable of industrial and/or commercial use — is subject to Intellectual Property rights. All trademarks, trade names or distinctive signs, and all industrial and intellectual property rights over the content and/or any other elements inserted on the page, are the exclusive property of the company and/or third parties, who hold the exclusive right to use them in commerce. Accordingly, the User undertakes not to reproduce, copy, distribute, make available or otherwise publicly communicate, transform or modify such content, holding the company harmless from any claim arising from a breach of these obligations. Under no circumstances does access to the Website imply any waiver, transfer, licence or assignment, in whole or in part, of those rights, unless expressly stated otherwise. These General Terms of Use of the Website do not grant Users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and/or its content other than those expressly provided herein. Any other use or exploitation of any rights shall be subject to the prior and express authorisation specifically granted for that purpose by the company or the third-party owner of the affected rights.

The content, texts, photographs, designs, logos, images, computer programs, source code and, in general, any intellectual creation existing on this Website, as well as the Website itself as a multimedia artistic work, are protected as copyright under intellectual property legislation. The company owns the elements that make up the graphic design of the Website — the menus, navigation buttons, HTML code, texts, images, textures, graphics and any other content of the Website — or, in any case, holds the corresponding authorisation to use such elements. The content provided on the Website may not be reproduced in whole or in part, nor transmitted, nor recorded by any information retrieval system, in any form or by any means, without the prior written authorisation of the said entity.

Likewise, it is prohibited to remove, circumvent and/or manipulate the copyright notice and any technical protection devices or information mechanisms that the content may contain. The User of this Website undertakes to respect the stated rights and to avoid any action that could harm them, the company reserving the right to exercise any legal means or actions available to it in defence of its legitimate intellectual and industrial property rights.

5. Obligations and responsibilities of the Website User

The User undertakes to:

  • Make appropriate and lawful use of the Website and of its content and services, in accordance with: (i) the legislation applicable at any given time; (ii) the General Terms of Use of the Website; (iii) generally accepted morality and good customs; and (iv) public order.
  • Obtain all the means and technical requirements needed to access the Website.
  • Provide truthful information when completing the forms on the Website with personal data, and keep it updated at all times so that it reflects the User’s actual situation. The User shall be solely responsible for any false or inaccurate statements made and for any harm caused to the company or third parties by the information provided.

The User must also refrain from:

  • Making unauthorised or fraudulent use of the Website and/or its content for unlawful purposes prohibited in these General Terms of Use, harmful to the rights and interests of third parties, or that may in any way damage, disable, overload, impair or prevent the normal use of the services, documents, files and any kind of content stored on any computer equipment.
  • Accessing or attempting to access restricted resources or areas of the Website without meeting the required conditions.
  • Causing damage to the physical or logical systems of the Website, its providers or third parties.
  • Introducing or spreading computer viruses or any other physical or logical systems capable of causing damage to the systems of the company, its providers or third parties.
  • Attempting to access, use and/or manipulate the data of the company, third-party providers and other Users.
  • Reproducing, copying, distributing, allowing public access through any form of public communication, transforming or modifying the content, unless authorised by the holder of the corresponding rights or legally permitted.
  • Removing, concealing or manipulating intellectual or industrial property notices and other identifying data of the rights of the company or third parties, as well as the technical protection devices or information mechanisms.
  • Obtaining or attempting to obtain the content using means or procedures other than those made available for that purpose or those usually employed on the Internet, where these entail a risk of damage or disabling of the Website and/or content.

In particular, and by way of example only, the User undertakes not to transmit, disseminate or make available to third parties any information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software or, in general, any kind of material that: is contrary to or undermines the fundamental rights and public freedoms recognised in the Constitution, International Treaties and current legislation; induces, incites or promotes criminal, defamatory, violent or otherwise unlawful actions contrary to law, morality or public order; induces, incites or promotes discriminatory actions or attitudes based on sex, race, religion, beliefs, age or condition; incorporates or provides access to criminal, violent, offensive, harmful or degrading products, elements, messages or services; induces an unacceptable state of anxiety or fear; encourages dangerous practices harmful to health; is protected by intellectual or industrial property legislation without authorisation; is contrary to the honour, personal or family privacy or self-image of individuals; constitutes any form of advertising; or includes any virus or program preventing the normal operation of the Website.

If, to access any of the services and/or content of the Website, a password is provided, the User undertakes to use it diligently, keeping it secret at all times. The User shall be responsible for its proper custody and confidentiality, undertaking not to transfer it to third parties, temporarily or permanently, nor to allow access to the said services and/or content by unauthorised persons. The User must also notify the company of any event that may involve misuse of the password — such as theft, loss or unauthorised access — so that it can be cancelled immediately. Until such notification is made, the company shall be exempt from any liability arising from misuse of the password. If the User negligently or wilfully breaches any of the obligations set out in these General Terms of Use, they shall be liable for all resulting damages.

6. Liability

Continuous access, or the correct display, download or usefulness of the elements and information contained on the website, is not guaranteed, as these may be impeded, hindered or interrupted by factors or circumstances beyond the company’s control. The company is not responsible for decisions taken as a result of accessing the content or information offered.

The service may be interrupted, or the relationship with the User terminated immediately, if it is detected that use of the Website, or of any of its services, is contrary to these General Terms of Use. We accept no liability for damages, losses, claims or expenses arising from use of the Website.

The company shall only be responsible for removing, as soon as possible, content that may cause such harm, provided it is notified. In particular, we shall not be liable for damages arising from, among others:

  • Interference, interruptions, failures, omissions, telephone faults, delays, blockages or disconnections in the operation of the electronic system caused by deficiencies, overloads or errors in telecommunications lines and networks, or by any other cause beyond the company’s control.
  • Unlawful interference through malicious programs of any kind and via any means of communication, such as computer viruses.
  • Improper or inadequate misuse of the Website.
  • Security or navigation errors caused by a malfunction of the browser or the use of outdated versions. The website administrator reserves the right to withdraw, in whole or in part, any content or information on the Website.

The company excludes any liability for damages of any nature arising from the misuse by Users of the freely available services of the Website. It is also exempt from any liability for the content and information received through the data-collection forms, which exist solely for the provision of enquiry services. Where damages are caused by unlawful or incorrect use of such services, the User may be held liable.

You shall hold the company harmless against any damages arising from third-party claims, actions or demands resulting from your access to or use of the Website. You also undertake to indemnify against any damages arising from your use of “robots”, “spiders”, “crawlers” or similar tools used to collect or extract data, or from any other action that places an unreasonable load on the operation of the Website.

7. Hyperlinks

The User undertakes not to reproduce the Website or any of its content in any way, including by hyperlink, without the express written authorisation of the data controller.

The Website may include links to other websites managed by third parties, in order to facilitate the User’s access to information from collaborating and/or sponsoring companies. Accordingly, the company is not responsible for the content of such websites, nor does it act as guarantor or provider of the services and/or information offered to third parties through third-party links.

The User is granted a limited, revocable and non-exclusive right to create links to the home page of the Website, exclusively for private, non-commercial use. Websites that include a link to our Website (i) may not misrepresent their relationship or claim that such a link has been authorised, nor include our trademarks, trade names, logos or other distinctive signs; (ii) may not include content that may be considered distasteful, obscene, offensive, controversial, inciting violence or discrimination based on sex, race or religion, contrary to public order or unlawful; (iii) may not link to any page of the Website other than the home page; (iv) must link to the Website’s own address, without allowing the linking website to reproduce the Website as part of its own site or within a “frame”, or to create a “browser” over any of the Website’s pages. The company may request, at any time, the removal of any link to the Website, after which it must be removed immediately.

The company cannot control the information, content, products or services provided by other websites that establish links to the Website.

8. Data protection

To use some of the Services, the User must first provide certain personal data. The company will process this data automatically and apply the corresponding security measures, all in compliance with the GDPR, the LOPDGDD and the LSSI. The User may access the policy followed in the processing of personal data, and the established purposes, under the conditions defined in the Privacy Policy.

9. Cookies

The company reserves the right to use “cookie” technology on the Website to recognise the User as a frequent visitor and personalise their use of the Website by pre-selecting their language or most desired content.

Cookies collect the user’s IP address, with Google being responsible for processing this information.

Cookies are files sent to a browser, via a web server, to record the User’s navigation on the Website, where the User permits their reception. If you wish, you can configure your browser to be notified on screen of the reception of cookies and to prevent their installation. Please consult your browser’s instructions and manuals for more information.

Thanks to cookies, it is possible to recognise the browser of the computer used by the User in order to provide content and offer browsing or advertising preferences, build demographic profiles, measure visits and traffic parameters, and monitor activity. (For full, up-to-date cookie details, see the Cookie Policy.)

10. Representations and warranties

In general, the content and services offered on the Website are for information purposes only. Consequently, no warranty or representation is given in relation to the content and services offered, including, by way of example, warranties of legality, reliability, usefulness, truthfulness, accuracy or merchantability, except to the extent that such representations and warranties cannot be excluded by law.

11. Force majeure

The company shall not be liable in the event of being unable to provide the service where this is due to prolonged interruptions of the electricity supply or telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and, in general, all cases of force majeure or fortuitous event.

12. Dispute resolution. Applicable law and jurisdiction

These General Terms of Use, as well as the use of the Website, shall be governed by Spanish law. For the resolution of any dispute, the parties shall submit to the Courts and Tribunals of the registered address of the party responsible for the website.

In the event that any provision of these General Terms of Use is unenforceable or void under applicable law or as a result of a judicial or administrative decision, such unenforceability or nullity shall not render these General Terms of Use unenforceable or void as a whole. In such cases, the company shall modify or replace the provision with another that is valid and enforceable and that, as far as possible, achieves the objective of the original provision.