The purpose of this document is to establish and regulate the rules of use of the Site https://www.photopills.com (hereinafter “Site”), understanding by Site all the pages and their contents owned by PHOTOPILLS, S.L. (“PhotoPills”) which are accessed through the Site and its subdomains.
The use, access, navigation and visualization of contents hosted in the Site attributes you the condition of USER and implies the acceptance of all the conditions included in the Terms and Conditions. The mentioned conditions will be applied independently of the general contracting conditions that in their case are of obligatory fulfillment. The USER undertakes to read these Terms and Conditions carefully each time he intends to use the Site, since the Site and the Terms and Conditions may be modified.
PhotoPills may at any time modify the conditions determined here, being duly published as they appear here. The validity of these conditions will depend on their exposure and will remain in force until they are modified by other duly published conditions.
1. Website ownership
The owner of this Site is PHOTOPILLS, S.L., with address at Calle Ses Gerreries, 25, 07760, Ciutadella de Menorca, Spain.
Registered in the Menorca Trade Registry: Tomo 139, Folio 65, Hoja IM-5819, Inscripción 1.
2. Intellectual and industrial property
PhotoPills by itself or as assignee, is the owner of all the intellectual and industrial property rights of its website, as well as of the elements contained in it (such as images, sound, audio, video, software or texts; brands or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.), owned by PhotoPills or its licensors.
By virtue of the provisions of articles 8 and 32.1, second paragraph, of the Spanish Intellectual Property Law, the reproduction, distribution and public communication, including the method of making available, of all or part of the contents of this website, for commercial purposes, on any support and by any technical means, without the authorisation of PhotoPills, is expressly prohibited. The USER undertakes to respect the Intellectual and Industrial Property rights owned by PhotoPills. You may view the elements of the Site and even print them, copy them and store them on the hard disk of your computer or on any other physical support as long as it is solely and exclusively for your 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 PhotoPills pages.
3. Liability disclaimer
The content, programs, information and/or advice expressed on this Site should be understood as merely indicative. PhotoPills is not responsible in any way for the effectiveness or accuracy of the same, being exempt from any contractual or extra-contractual responsibility with the USER who makes use of them, as it is the USER who should decide at his own discretion the appropriateness of the same.
In this Site contents provided by third parties or companies can be published. PhotoPills is not responsible for the truthfulness and accuracy of them, being exempt from any contractual or extracontractual responsibility with the USERS who make use of them.
PhotoPills reserves the right to make any changes it considers appropriate to its website without prior notice, and may change, remove or add both the content and services provided through it and the way in which they are presented or located on its website.
PhotoPills declares that it has adopted all necessary measures, within its possibilities and the state of technology, to guarantee the functioning of the Site and to avoid the existence and transmission of viruses and other harmful components to the USER.
However, PhotoPills does not guarantee or take responsibility for:
- The continuity of the contents of the Site;
- The absence of errors in the content or services;
- The absence of viruses and/or other harmful components in the Site or in the server that supplies it;
- The invulnerability of the Site and/or the impregnability of the security measures adopted therein;
- The lack of usefulness or performance of the content and services of the Site;
- The damage or harm caused, to himself or to a third party, by any person who violates the conditions, rules and instructions that PhotoPills establishes on the Site or through the violation of the security systems of the Site.
If the USER becomes aware of the existence of any content that is illicit, illegal, contrary to the law or that could imply an infringement of intellectual and/or industrial property rights, or of any other right of third parties, he must notify PhotoPills immediately so that the appropriate measures can be taken.
In the event that the Site contains links or hyperlinks to other Internet sites, PhotoPills shall not exercise any control over such sites and content. In no event shall PhotoPills assume any responsibility for the contents of any link from a third party website, nor shall it guarantee the technical availability, quality, reliability, accuracy, comprehensiveness, truthfulness, validity and constitutionality of any material or information contained in any such hyperlink or other website. Likewise, the inclusion of these external links will not imply any type of association, merger or participation with the connected entities.
Notwithstanding the above, some links will be previously negotiated or agreed with the person responsible for the linked content, so that a consideration is generated for the actions freely performed by the USER. This situation will in no way affect the exclusion of responsibility for the linked content or the independence of this media.
5. Conditions of site use for the user
Access to the present Site is free except for the cost of connection through the telecommunications network provided by the access provider contracted by the USER.
It is expressly prohibited to use the Site for purposes that are harmful to the property or interests of PhotoPills or any third party or that otherwise overload, damage or disable PhotoPills' or any third party's networks, servers and other computer equipment (hardware) or computer products and applications (software).
The USER assumes responsibility for the use of the Site. The USER undertakes to make appropriate use of the contents and services (such as chat services, discussion forums or news groups) and, by way of illustration but not limitation, not to use them for
- engage in activities that are illicit, illegal or contrary to good faith and public order;
- disseminating content or propaganda of a racist, xenophobic, pornographic or illegal nature, advocating terrorism or violating human rights;
- cause damage to the physical and logical systems of PhotoPills, its suppliers or third parties, introduce or spread in the network computer viruses or any other physical or logical systems that may cause the above mentioned damages;
In any case, PhotoPills will not be responsible for the opinions expressed by the USER through the forums, chats, or other participation tools. PhotoPills reserves the right to deny or withdraw access to the portal and/or the services offered without prior notice, at its own request or that of a third party, to those users who do not comply with these Terms and Conditions.
PhotoPills will prosecute the breach of these conditions, as well as any improper use of its portal by exercising all civil and criminal actions that may correspond to it by law.
7. Cookies policy
PhotoPills will prosecute any breach of these conditions, as well as any misuse of its Site by exercising all civil and criminal actions to which it is entitled by law.
Should any point of these Terms and Conditions be considered null and void or inapplicable by the Spanish Public Administration or the Spanish Administration of Justice, such nullity or inapplicability will not affect the rest of the contents of the Terms and Conditions.
The failure of PhotoPills to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver thereof, unless expressly acknowledged and agreed to in writing by PhotoPills.
9. Modification of these conditions and duration
PhotoPills may at any time modify the Terms and Conditions determined here, being duly published as they appear here. The validity of these Terms and Conditions will depend on their exposure and will remain in force until they are modified by other duly published Terms and Conditions.
The USER and PhotoPills submit themselves to the Courts and Tribunals of Menorca (Spain) for the resolution of any conflicts and renounce any other jurisdiction that may be applicable to them.
11. Contact us
If you have any questions about the conditions reflected in this Legal Notice, or if you wish to make any suggestions or recommendations, please contact us at the following address PHOTOPILLS, S.L. Calle Ses Gerreries, 25, 07760, Ciutadella de Menorca, Spain.
This Legal Advice has been revised and published as of March 26, 2020.