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LEGAL NOTICE
IDENTIFICATION OF THE WEBSITE OWNER PURSUANT TO THE E-COMMERCE ACT 34/2002
The website www.barcelonaarchitecture.com is the property of EDUARD OLIVELLA FALP (DNI 37629689-X), photographer.
EDUARD OLIVELLA FALP
C. Buenos Aires 42 Sat 1ª
E-08036 BARCELONA
SPAIN
Phone +34 934 068 413
Fax +34 934 068 413
USE AND OPERATING OF THE WEBSITE
The website www.barcelonaarchitecture.com is for use by the public free of charge, and its contents are both for information and commercial purposes. Access does not in itself imply any commercial relationship between the owner and the user.
The user must use the website in accordance with the law and public order and with the terms of this Legal Notice. Consequently, the owner of this website does not accept any liability whatsoever arising from the improper, incorrect or unlawful use of the website and/or its contents, or for fraudulent use of the domain name or any similar type of fraud.
For the sole purpose of providing a better service and facilitating use of this website, the web hosting service may produce statistics relating to the number of pages visited, the patterns of activity of visitors to the website, the browser used and the country of origin. Such data will never allow the user to be identified.
Eduard Olivella Falp is the owner of all the intellectual property rights in this website and of the elements and items it contains, including texts, graphics, logos and images, except for those belonging to the owners of the rights expressed by individual copyrights at the foot of works related, in which case such ownership is duly acknowledged. The user undertakes not to use, reproduce, transmit or disseminate in any way the material covered by such intellectual property rights without the prior written consent of Eduard Olivella Falp.
This website may provide links to other internet resources or websites. Such links are for information purposes only and do not constitute an invitation to purchase the products or services offered on these other websites. Eduard Olivella Falp therefore accepts no liability whatsoever arising from any acts or omissions by such websites, which are totally independent and separate from it.
TERMS & CONDITIONS
All images this site are owned by Eduard Olivella Falp,and other photographers and are protected by industrial and intellectual property laws and international treaties. All rights not specifically granted to you by these Terms & Conditions are reserved. The right to use our images is subject to full payment of fees and all the restrictions and limitations in the following Terms & Conditions.
Terms & Conditions
Access to the our database is assured in principle 24 hours a day. However, we makes no guarantee of this availability. In particular, slow performance or temporary “down time” due to maintenance work or high network demand does not entitle the Customer to guarantee or liability claims.
License for Use of Images
1) The reproduction by whatever means of the whole or any part of any Image (including, without limitation, slide projection, artist’s reference, artist’s illustration, layout or presentation of Images) is strictly forbidden without our specific written permission. You must inform us of your proposals as to when and how an Image is intended to be used. We will then consider whether we would wish to grant a license and, if so, on what terms.
2) No reproduction rights are granted by virtue of delivery of Images unless expressly indicated. Your right to reproduce an Image arises only if (a) license terms are agreed and (b) our invoice relating to the grant of such right is fully paid. Any reproduction before payment of the invoice or outside the terms of any license constitutes an infringement of copyright and also a breach of this Agreement entitling us to rescind and claim damages. You must indemnify us in respect of any claims, damages, costs or expenses we incur arising from any reproduction of any Image supplied to you.
3) You must satisfy yourself that all necessary rights, model releases or consents which may be required for reproduction are obtained and that the use of any image is not obscene, indecent, libellous or unlawful. We make no claim or warranty with regard to your use of content, names, text, people, trademarks or copyright material depicted in any Image and you will indemnify us in respect of any claims, damages, costs or expenses we incur arising from the use of any Image supplied to you.
4) Reproduction rights (if granted ), unless otherwise agreed in writing are
a) subject to these terms and conditions and any terms and conditions set out in the delivery note and license,
b) reproduction rights granted are non-exclusive and relate to a single language edition of one reproduction in one publication or media . Rates for further language editions of a publication or for Web Pages are as follows:
- 2 language editions: fee + 30% per photograph.
- 3 language editions: fee + 60% per photograph.
- World Rights: fee + 90% per photograph.
c) strictly limited to the use, period of time and territory stated in the license,
d) access to images provided by barcelonaarchitecture.com is exclusively for the internal use of the Customer. Sharing of the product in its original form to third parties[of a name other than the Customer’s] is forbidden. The processing of delivered images is only allowed in the context of the Customer’s normal working practices. Third parties are people [legal entities] not directly involved with the Customer’s work.
5) If we agree that you may license the use of any Image to any third party, you shall enter into an agreement with such third party to ensure that they are bound by license terms restricting printing, copying, networking, multiple access or other use of the Images to personal use only, forbidding the assignment, resale, rental and lending of the Image and ensuring that credit is given to us and the author.
6) You must credit us and the author as specified by us every time an Image is used. If you fail to credit the Image an additional 50% of the original license fee will be payable.
7) Images shall not be altered or manipulated, added to, or have any part deleted without our prior written consent.
8) You must provide us on publication with at least one complimentary copy of any publication in which the reproduction of the Image appears.
Digital Use of Images
9) You acknowledge that Images are our valuable property, as are any digital images created from the Images (“ Digital Images”).
10) You may not create, store or transmit Digital Images without our permission except so far as is incidentally and wholly necessary to the process of producing items licensed by us. If permission is granted the following conditions apply:
11) Each Digital Image created by you shall be recorded and labelled with our copyright credit information as an integral part of the image file, and held on an electronic database under your sole possession and control.
12) Unless otherwise agreed, any Digital Image you create must not be greater in size than 640x480 pixels, 72ppi. Any use of the Digital Images shall be in a format designed so that it will not be possible to alter, manipulate or adapt any Digital Image in any way during the normal course of using the product.
13) You agree to destroy all Digital Images including any pre-press or pre-production copies of the Images and any copies or records of the Images held on a database within 90 days of the date of receipt of the Images or completion of the maximum production run, or expiry of the license term, whichever is later.
14) All prices quoted by us are net prices subject to 16% value added tax if the Customer resides in Spain. Postage costs incurred by us may be passed on to the Customer.
Prices cover only the use by the Customer [named in the order form] for six months and a specific purpose. All usage of our photographic material, including online publication or creation of a CD-ROM, is subject to a fee. This includes use of photos as a basis for drawings, caricatures, reworked photos, and presentations by The Customer, as well as the use of photographic details that can be used in new photographic compositions by use of montage, photocomposing, electronic editing, or other techniques.
15) Delivery. Up to 50 MB The Customer will receive a licensing code by E-mail for downloading photographic material. This licensing code must be entered on the barcelonaarchitecture internet page:
http://www.barcelonaarchitecture.com/customer_username
If whole order size is above 50MB delivery will be on CD or DVD by Fedex courier. In exceptional cases photographic material will be sent directly by E-mail.
16) Invoicing will take place at the time a service is ordered and will be sent together with images. Compensation in full is due at the moment by credit card or PayPal.
17) Copyright. The name of the photographer must be recognized either directly on foot of the photo or in an index when using photographs. This will be done in the following format:
©photographer’s name/barcelonaarchitecture.com
Should a photographer not be named, then we has the right to claim damages from the Customer in an amount double the original value of the order.
18) Guarantee. Complaints arising from incomplete or defective deliveries must be made within ten workdays in the case of obvious defects, and immediately upon discovery (but no later than four weeks) in the case of hidden defects. Time will be determined from the time of dispatch (date of sending by the Provider) as well as the day of receipt of a written complaint. Should hidden defects appear, the user is not authorized to make remedies on his own and his use of the product must halt immediately. Where a customer does not keep this agreement, the delivered images will be considered approved. Defects of a portion of the delivered product do not entitle the Customer to raise complaint against the whole order.
The Provider will be liable only for damages caused by gross negligence or purposeful intent of himself or his assistants. The Provider is not liable for damages which he could not have reasonably foreseen or which are the responsibility of the Customer or the Customer’s agents. The Provider is not liable for any software or hardware errors caused by the online transmission of our images.
19) While we take reasonable care in the performance of this agreement, we shall not be liable for any loss or damage suffered by you or by any third party arising from use or reproduction of any Image or its caption. Damages for any other breach shall be limited to the license fee paid by you.
20) Law. These Terms and Conditions are governed by the laws of Spain, and all disputes arising under the present shall be submitted to the jurisdiction of the Courts and Tribunals of Spain.