Legal Notice and Terms of Use
I. GENERAL INFORMATION
In compliance with the duty of information established in Law 34/2002 on Services of the Information Society and Electronic Commerce (LSSI-CE) of July 11, the following general information regarding the website dianadavilafotografia.com is provided:
The ownership of this website, dianadavilafotografia.com (hereinafter, the “Website”), belongs to: Diana Davila, whose contact details are:
Address: Tuscany, Italy
Contact Email: dianadavilagonzales@gmail.com
II. GENERAL TERMS AND CONDITIONS OF USE
Purpose of the Terms: The Website
The purpose of these General Terms and Conditions of Use (hereinafter, the “Terms”) is to regulate access to and use of the Website. For the purposes of these Terms, “Website” shall be understood as: the external appearance of the screen interfaces, both in a static and dynamic form (i.e., the navigation tree); and all elements integrated in both the screen interfaces and the navigation tree (hereinafter, the “Content”) as well as all those online services or resources that may be offered to Users (hereinafter, the “Services”).
Diana Davila reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website, as well as the Content and Services that may be incorporated into it. The User acknowledges and accepts that Diana Davila may, at any time, interrupt, deactivate, and/or cancel any of these elements that are integrated into the Website or access to them.
Access to the Website by the User is free and, as a general rule, does not require payment or any other consideration in order to enjoy it, except for the connection cost through the telecommunications network supplied by the access provider contracted by the User.
Aside from the connection cost through the telecommunications network supplied by the User’s access provider, some of the Content or Services offered by Diana Davila or, where applicable, by third parties through the Website, may be subject to prior subscription or contracting, in which case this will be clearly specified and/or the corresponding General or Specific Conditions governing such will be made available to the User.
The use of some of the Content or Services of the Website may require prior subscription or registration by the User.
The use of the Content does not require prior subscription or registration.
The User
Accessing, browsing, and using the Website, as well as interacting in areas set up for Users and between Users and Diana Davila (such as comments and/or blogging spaces), confers the status of User, which implies acceptance of all the Terms set forth herein from the moment browsing begins, as well as of any subsequent modifications, without prejudice to the application of the relevant mandatory legal provisions as appropriate. In view of the importance of the above, Users are advised to read them each time they visit the Website.
The Website of Diana Davila provides a wide variety of information, services, and data. The User assumes responsibility for making proper use of the Website. This responsibility shall extend to:
Using the information, Content, and/or Services and data offered by Diana Davila in accordance with the provisions of these Terms, the Law, morality, or public order, and not in any way that could harm the rights of third parties or the proper functioning of the Website.
The truthfulness and legality of the information provided by the User in the forms issued by Diana Davila for access to certain Content or Services offered by the Website. In any case, the User will immediately notify Diana Davila of any fact that allows misuse of the information registered in said forms, such as, but not limited to, theft, loss, or unauthorized access to identifiers and/or passwords, in order to proceed with their immediate cancellation.
Diana Davila reserves the right to remove any comments and contributions that violate the law, respect for human dignity, that are discriminatory, xenophobic, racist, pornographic, spam-related, that harm youth or children, public order, or safety, or that, in her judgment, are not suitable for publication.
In any case, Diana Davila shall not be held responsible for the opinions expressed by Users through comments or other blogging or participation tools that may exist.
Mere access to this Website does not imply any kind of commercial relationship between Diana Davila and the User.
The User declares to be of legal age and to have the legal capacity to be bound by these Terms. Therefore, this Website of Diana Davila is not directed at minors. Diana Davila declines any responsibility for failure to comply with this requirement.
In compliance with applicable legislation, this Website of Diana Davila is addressed to all persons, regardless of age, who may access and/or browse the pages of the Website.
The Website is primarily intended for Users residing in Italy. Diana Davila does not guarantee that the Website complies, wholly or partially, with legislation in other countries. If the User resides or is domiciled elsewhere and decides to access and/or browse the Website, they will do so at their own risk and must ensure that such access and browsing comply with applicable local laws, with Diana Davila assuming no responsibility arising from such access.
III. ACCESS AND BROWSING ON THE WEBSITE: DISCLAIMER OF WARRANTIES AND LIABILITY
Diana Davila does not guarantee the continuity, availability, and usefulness of the Website, nor of the Content or Services. Diana Davila will make every effort for the proper functioning of the Website; however, she does not guarantee or accept responsibility that access to this Website will be uninterrupted or error-free.
Likewise, she does not guarantee or accept responsibility that the content or software accessible through this Website will be error-free or cause damage to the User’s computer system (software and hardware). In no event shall Diana Davila be liable for any losses, damages, or harm of any kind arising from access, browsing, and use of the Website, including, but not limited to, those caused to computer systems or by the introduction of viruses.
Diana Davila is also not responsible for damages that may be caused to Users by improper use of this Website. In particular, she is not responsible in any way for crashes, interruptions, failures, or defects in telecommunications that may occur.
IV. LINK POLICY
It is reported that the Website of Diana Davila provides or may provide Users with linking tools (such as, among others, links, banners, buttons), directories, and search engines that allow Users to access websites owned and/or managed by third parties.
The installation of these links, directories, and search engines on the Website is intended solely to facilitate Users’ search for and access to information available on the Internet, and shall not be understood as a suggestion, recommendation, or invitation to visit them.
Diana Davila neither offers nor sells, either directly or through third parties, the products and/or services available on such linked sites.
Diana Davila provides sponsored content, advertisements, and/or affiliate links. The information appearing in these affiliate links or inserted ads is provided by the advertisers themselves, and therefore Diana Davila is not responsible for any possible inaccuracies or errors contained in the ads, nor does she guarantee in any way the experience, integrity, or responsibility of the advertisers or the quality of their products and/or services.
Furthermore, she does not guarantee the technical availability, accuracy, truthfulness, validity, or legality of third-party sites not owned by her that may be accessed through the links.
Diana Davila will not, under any circumstances, review or control the content of other websites, nor does she approve, examine, or endorse the products and services, content, files, or any other material existing on the linked sites.
Diana Davila assumes no responsibility for damages that may result from the access, use, quality, or legality of the contents, communications, opinions, products, and services of websites not managed by her and that are linked on this Website.
The User or third party who establishes a hyperlink from another website to the Website of Diana Davila must be aware that:
The total or partial reproduction of any of the Content and/or Services of the Website without the express authorization of Diana Davila is not permitted.
Any false, inaccurate, or incorrect statement about the Website of Diana Davila, or about its Content and/or Services, is also not permitted.
Except for the hyperlink, the website on which such hyperlink is established shall not contain any element from this Website that is protected as intellectual property under Spanish law, unless expressly authorized by Diana Davila.
The establishment of the hyperlink shall not imply the existence of relations between Diana Davila and the owner of the website from which it is made, nor the knowledge and acceptance by Diana Davila of the contents, services, and/or activities offered on said website, and vice versa.
V. INTELLECTUAL AND INDUSTRIAL PROPERTY
Diana Davila, by herself or as an assignee, owns all the intellectual and industrial property rights of the Website, as well as the elements contained therein (including but not limited to images, sound, audio, video, software or texts, trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). They shall therefore be protected as intellectual property under Spanish law, with both Spanish and EU regulations in this field, as well as international treaties on the subject signed by Spain, being applicable.
All rights reserved. Pursuant to the provisions of Intellectual Property Law, the reproduction, distribution, and public communication, including the making available modality, of all or part of the content of this website for commercial purposes, on any medium and by any technical means, without the authorization of Diana Davila, are expressly prohibited.
The User undertakes to respect the intellectual and industrial property rights of Diana Davila. They may view the elements of the Website or even print, copy, and store them on the hard drive of their computer or on any other physical medium, provided that it is solely for personal use. The User, however, may not remove, alter, or manipulate any protection device or security system installed on the Website.
If the User or a third party considers that any of the Content of the Website constitutes a violation of intellectual property protection rights, they must immediately notify Diana Davila using the contact details provided in the GENERAL INFORMATION section of this Legal Notice and General Terms of Use.
VI. LEGAL ACTIONS, APPLICABLE LEGISLATION, AND JURISDICTION
Diana Davila reserves the right to file civil or criminal actions that she deems necessary for the improper use of the Website and Content, or for non-compliance with these Terms.
The relationship between the User and Diana Davila shall be governed by the current and applicable legislation in Spanish territory. Should any controversy arise in relation to the interpretation and/or application of these Terms, the parties shall submit their disputes to the ordinary jurisdiction, submitting themselves to the judges and courts that correspond in accordance with the law.