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Service Contract
Last updated March 2009 THANK YOU FOR CHOOSING ALBUMPROFESIONAL.COM. This is a contract between you and ALBUMPROFESIONAL.COM. We will refer to us in this contract as "ALBUMPROFESIONAL.COM", "we" or "our." You are a natural person or an employee or representative of a legal entity for whose benefit you accept ... Read, save or print the service contract by clicking the links below.
In compliance with the LOPD LSSICE 15/1999 and 34/2002 and other laws, you are informed that personal data voluntarily provided, including email, will be incorporated into a personal automated file of ALBUMPROFESIONAL. COM. By submitting your information, you expressly authorize its use for communications, including those made via email that ALBUMPROFESIONAL.COM creates for promotional or informational activities organized and / or supported with its logistics. At the same time, you are reported that your data may be communicated, with the obligation of confidentiality, to ALBUMPROFESIONAL.COM business partners, whenever necessary for the purposes of their service performance. You can exercise over such data access rights, rectification, cancellation and opposition, to which end you should go to the following website www.albumprofesional.com or e-mail This e-mail address is being protected from spambots. You need JavaScript enabled to view it If you no longer wish to receive marketing information by e-mail please send an email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Types of information collected
Financial information - The information on payments that is collected during the registration process (which includes, among other, numbers, financial institutions, and expiration dates of credit cards) is considered financial information and is not distributed under any circumstances.
Professional Information - Data that customers provide ALBUMPROFESIONAL.COM through the various methods of communication are considered professional information; this is stored and managed for internal use of ALBUMPROFESIONAL.COM. Within the professional information are included, among other data, name, address, company name, business address, telephone and fax numbers, email address, as well as answers to questions from the registration forms or surveys.
Right to information
FO2 SL CIF: B60745593, has taken measures and safety standards for protection of personal data required by Law 15/1999 of December 13, Protection of Personal Data, Law 34/2002 of 11 July, Services of the Information Society and Electronic Commerce and its development regulations.
The personal data of which you have informed us -necessary for the provision of our services- have been introduced into an automated file of which ALBUMPROFESIONAL.COM is the holder and responsible.
The victim can exercise his rights of access, rectification, cancellation and opposition under the provisions of Law 15/1999, of December 13, Protection of Personal Data and other legislation applicable to that effect, through a written request to
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Professional secrecy
All private communications between ALBUMPROFESIONAL.COM and affected/users will be considered confidential. In addition, information of any kind shared by both sides, the information by both parties and information about confidential information, will also be confidential.
To ensure the protection of professional secrecy between ALBUMPROFESIONAL.COM and the affected person is preserved in all communications, the person concerned must take care not to disclose confidential information to anyone except his lawyer, as well as ALBUMPROFESIONAL.COM.
Voluntary membership cancellation
ALBUMPROFESIONAL.COM commits to accept, maintain and acknowledge receipt of voluntary resignation of any clients from future communications from both ALBUMPROFESIONAL.COM and others who ALBUMPROFESIONAL.COM could provide information on customers.
Disclaimer
It is not permitted to reproduce or transmit any parts of this website by any means of electronic, mechanical (including photocopying), recording system or any information storage and retrieval without prior permission of ALBUMPROFESIONAL.COM, possessing intellectual property rights. The website ALBUMPROFESIONAL.COM publishes ALBUMPROFESIONAL.COM.
This website contains links to external sites. ALBUMPROFESIONAL.COM is not responsible, nor have any control over the content of such websites. The information on this site, or that available via hypertext links from this site are provided without any liability on the part of ALBUMPROFESIONAL.COM.
ALBUMPROFESIONAL.COM, expressly disclaims any liability resulting from misuse that third parties may make of the contents of this website and is not responsible under any circumstances, of use the user may make of the information contained therein, expressly rejecting liability for any damages of any kind, specially when use of the information provided in this website is violating standards of good faith. ALBUMPROFESIONAL.COM reserves the right to alter, limit or terminate access to this website, either temporarily or permanently, assuming no responsibility for any error or omission that might be seen in the information contained on this site.
Intellectual property rights
COPYRIGHT, PERMITTED USES, USE RESTRICTIONS. Copyright Law protects the material available on the websites of ALBUMPROFESIONAL.COM. All rights reserved. May not be copied, photocopied, reproduced, translated or reduced with any electronic means or machine-readable form any part of the material available on the websites of ALBUMPROFESIONAL.COM, in whole or in part, without the prior written consent by ALBUMPROFESIONAL.COM.
Any other type of reproduction without permission of ALBUMPROFESIONAL.COM is prohibited. Distribution for commercial purposes is prohibited.
Pursuant to Law 34/2002, of July 11, Services Information Society and Electronic Commerce (LSSICE), the general information on this website are shown below:
Owner: FO2 SL
Trade name: ALBUMPROFESIONAL.COM
Address: Ciutat, 7 - 08600 Berga.
CIF: B60745593
All information on this site is protected under copyright and all derivations of intellectual property which ALBUMPROFESIONAL.COM owns.
This is an extensive document which contains important provisions that affect your rights and obligations.
By checking the box at the end of the Agreement and typing "Agree", you must commit to fulfil (this "Agreement") and the provisions contained therein. If you accept these provisions in your name or the entity having ownership of the account, you express and warrant being authorized to create legal links in its name. If you do not have that permission or do not accept the agreements, do not accept this Agreement or download any Contents. We recommend you to print a copy of this agreement for your records.
This Agreement controls the use of the website ALBUMPROFESIONAL.COM, including, without limitation, uploading and downloading of photographs, illustrations, images or other graphic or photographic works ( "Works") to or from www.albumprofesional.com website , access to the web blog and forums, and any and all services offered by Albumprofesional.com on or through the website (the website www.albumprofesional.com together with all previous applications and services, hereinafter "Website").
1. Description of the website and Affiliation
The website provides, among other things, an online market for loading and downloading of Works.
The availability of the Client from ALBUMPROFESIONAL.COM of the service of online access to the database for order fulfilment, search, download, and if, subsequent reproduction, only in a Work or Publication and in a defined territory, of a limited number of Artwork at high or low resolution, for a given price.
ALBUMPROFESIONAL.COM offers this service under the Particular Conditions of each product and the General Conditions. Particular Conditions may be updated periodically and will be binding 48 hours after appearing on the Web www.albumprofesional.com. The Client may, at any time look up the latest version on the Website www.albumprofesional.com.
The website is divided into two sections: a public section and a private section. The public section offers all visitors, among other, general information on the website, the chance to see works on the Website, the description of the various products and services offered, a search engine to locate products and texts in the website, the ability to view and post comments about this website through contact forms, and a process by which visitors can register to become members, as described below.
The private section is only accessible by Members. The private section offers members (in addition to all the services available in the public section) the ability to load and download the server Works in accordance with the contents of the agreement of content loading or downloading, the ability to access their accounts on the website ( "User Account") and viewing their profile, delivery and billing status.
When a visitor to the website registers to become a member, he or she can select an available user name ( "Username") and associated password ( "Password User") to create a single account for his/her exclusive use and / or its authorized staff. ALBUMPROFESIONAL.COM is not responsible for the consequences of mislaying or abuse that is given to them. Also he or she may change the Password at any time at will.
Members will also be required to specify whether he or she register as an individual or on behalf of a company or entity (and, if so, the name of the company or entity).
Members shall upload their work through their membership or their account, and such work is subject to Content Delivery Agreement on the basis of criteria and permitted uses of the Work and something similar. The Member shall also enter a description of the work through a referenced form for each graphic unit, requested so that the work can be done in the best possible way. ALBUMPROFESIONAL.COM may also, in its sole discretion, make certain types of limits to the Works uploading to avoid the collapse of the system.
Each Member must download the final graphic works through membership or account information through the integrated FTP software on the website and the work will be subject to the agreement of content download based on criteria specified by the budget agreed beforehand. One member must be able to download a work for his own use only if he or she pays through the online process, the cost on the website, and only if he or she accepts the provisions of the content downloading agreement for the work and the use of it.
Upon Customer's request, another alternative delivery system may be provided (analogical, CD, DVD, physical delivery by carrier, etc. ...). Transmission costs will be paid by the Customer, unless otherwise agreed by both parties.
In case of technical problems in the transmission of the artwork that are responsibility of ALBUMPROFESIONAL.COM, it will be forwarded to the Client the requested Artwork by any alternative means, and transmission costs by the Customer, unless otherwise agreed by both parties.
ALBUMPROFESIONAL.COM will give all the electronic facilities for the customer to access its site, enabling Internet addresses for this purpose, understanding the Client that ALBUMPROFESIONAL.COM is not responsible if the client has no knowledge or technical elements for correct view or access to the website.
The total or partial content of the website and the software itself, the artwork (photographs owned by ALBUMPROFESIONAL.COM and digital albums of weddings, communions and books by ALBUMPROFESIONAL.COM) and the database are elements ALBUMPROFESIONAL.COM owns and / or its licensors protected by copyright law and industrial property, without prejudice to the rights of others. These contents may not be reproduced, distributed, publicly communicated in any form or stored without the prior express written permission of ALBUMPROFESIONAL.COM.
It is strictly prohibited, without the prior consent of ALBUMPROFESIONAL.COM, any manipulation or alteration of the website does not assume any liability ALBUMPROFESIONAL.COM, or as a result of the manipulation or alteration by third parties.
The links contained on the website are designed to facilitate customer access to other Internet sites that may interest them. ALBUMPROFESIONAL.COM reports that the contents of these sites are not part of the website and are creations of others protected by the laws on Intellectual Property. ALBUMPROFESIONAL.COM assumes no responsibility for the content accessible through the links that appear on the site. If reproduced in these, illegal, immoral contents or otherwise infringing national or international laws, ALBUMPROFESIONAL.COM expresses to Customers that it does not have any actual knowledge or control over such content. In the event that ALBUMPROFESIONAL.COM was aware that the contents are contrary to the law, morality or decency, we shall immediately proceed to remove the links. The Customer commits to expressly exempt ALBUMPROFESIONAL.COM from any liability on related links in Web www.albumprofesional.com or for any damage caused by their use from the client.
2. General Agreements.
Your use of the website constitutes your acknowledgment and acceptance of terms and conditions of this Agreement, and you shall be bound by the terms and conditions. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access any part of the website or use any of the services offered on the website.
ALBUMPROFESIONAL.COM shall have the right in its sole discretion, to modify the terms and conditions of this Agreement, in whole or in part, at any time, and such changes shall become effective immediately after the publication of such changes on the Website. Your continued use of the Website after such changes represents the recognition and acceptance of terms and conditions of this Agreement, as amended. If you do not agree to be bound by the terms and conditions of this Agreement, as amended, do not use or access the Website.
If at any time the terms and conditions of this Agreement are no longer acceptable to you, as a result or not of changes made by ALBUMPROFESIONAL.COM, do not use the Website.
The services available on the website are only available to, and may only be used by people who can enter into legally binding agreements under applicable law. Without limiting the foregoing, services on the Web Site are not available to minors (i.e. people under the age of eighteen) except under the supervision of an adult parent or guardian, and that parent or guardian will be responsible for all uses of the Web. Membership in the Website may not be sold or transferred in any way to any other person or entity. If your use of the website is on behalf of an entity, you express and warrant that you have the authority to bind that entity to this Agreement.
This Agreement may not be assigned to others by the client, unless the parties provide so.
It is expressly prohibited licensing by the Customer to any third party on the rights covered by this Agreement.
ALBUMPROFESIONAL.COM may freely contract others to purchase and / or rent equipment, subcontractors and suppliers in general and what he considers appropriate to achieve the objective of this agreement.
To practice all kinds of notices and demands, the parties give the address listed in the Special Conditions.
A communication is understood to have been sent and received when made in writing by any means which allow the record of receipt, especially by faxing or e-mail or forms available for that purpose.
The Parties shall communicate any changes in the addresses as soon as possible from the moment they occur.
3. Use of works
Permission for reproduction Artwork is granted by ALBUMPROFESIONAL.COM in a personal and non-transferable way to Customer, as a non-exclusive, for editing and / or printing according to the conditions agreed in the Particular Conditions of each product, for a single country and in one language.
Rights on the artwork reproduction will be understood as transferred once ALBUMPROFESIONAL.COM delivers, bills and charges the customer the total amount budgeted and accepted, understanding that reproduction rights are transferred from the date entered on the invoice if the invoice has been actually recovered in full at the time of delivery of the Artwork, and if not, the reproduction rights are not considered transferred until full payment of the bill making it unlawful reproduction of any part of the Artwork by client until that time.
Authorization or transfer of a right of exploitation other than the reproduction must be granted by written by ALBUMPROFESIONAL.COM, who determines the terms and conditions of such authorization or transfer being applicable, alternatively, the rules contained in the General Conditions.
Permission for reproduction of the artwork produced by ALBUMPROFESIONAL.COM does not suppose, under any circumstances, permission to the Customer to use such Artwork, directly or indirectly, in any form of advertising of the Work, Product, Contest or Publication where the Artwork appears, except by express written agreement between the Parties.
The acquisition by a third of the means or the support which has been incorporated into the artwork for will not confer for this title any right of exploitation on the artwork.
It is forbidden the use of graphic material contented or downloaded on the website in any form for other purposes from those expressed in these clauses.
You can only upload or download Works to or from the site in accordance with the terms and conditions of this Agreement and the applicable agreement of uploading or downloading of content. You may not use, reproduce, distribute, display, or create derivative works based on the works that appear on the site unless you enter into an Agreement for downloading content, and may do so only to the extent expressly permitted under the terms and conditions of the Agreement of content downloading.
You acknowledge and agree that ownership of the artwork can not be transferred, and that any sale of the artwork can be made, on or through the website. Are granted only the rights expressly set out in the license content downloading application. You acknowledge and agree that ALBUMPROFESIONAL.COM (Artwork author) retains all intellectual property and of the artwork, and that such Artwork is covered and protected by copyright, trademark and other intellectual property rights of ALBUMPROFESIONAL.COM or its licensees.
Permission to reproduce the artwork, except as otherwise provided in writing, does not imply any right with respect to the image of people who appear in the Artwork.
By accepting the General Conditions of this Agreement, the Customer claims to have obtained the express consent of all persons in all professional photos integrated into the artwork subject of the agreement, according to the Organic Law 1 / 1982 of May 5, Protection of Civil Right to Honour, to personal and family privacy and image. The relationship between you and the people photographed rests solely with these two parties, being ALBUMPROFESIONAL.COM expressly exempt from any liability of any kind. However, as soon as ALBUMPROFESIONAL.COM is aware of the absence or withdrawal of such consent by the people photographed, we will do all in our power to withdraw, if necessary, any image that might eventually be uploaded on the website.
Permission to reproduce the artwork, except as otherwise provided in writing, does not imply any right of exploitation in respect of some or all uses of the final work (Digital Album), different from those agreed in the General Conditions or in the Terms and definitions of each product.
Permission to reproduce the artwork, except as otherwise provided in writing, does not imply any right to reproduce the trade names, trademarks, graphics, images of entities or corporations or other symbols that appear in the Artwork, ALBUMPROFESIONAL.COM title or third parties.
4. Restrictions
You agree not to use the Website in any manner not permitted by this Agreement or that violates any law, regulation or statute of a jurisdiction.
You can not upload or send to the website, or use the Website to transfer, works or any other material or content that is covered or protected by copyrights, trademarks or other intellectual property rights unless you own or control such rights or have received all necessary consents. ALBUMPROFESIONAL.COM does not allow activities infringing the copyright and violating intellectual property rights on its website and will remove all the works if properly notified that such work infringes the intellectual property rights. ALBUMPROFESIONAL.COM reserves the right to remove Works without notice.
ALBUMPROFESIONAL.COM will terminate a user's access to our site if the user is determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and / or has withdrawn from a user login to the Website more than twice.
You shall be responsible for obtaining permissions or rights referred to in the preceding paragraphs of this contract, and you are responsible for obtaining and exercising proper care in use of the Artwork. Also, you will be responsible, with total indemnity for ALBUMPROFESIONAL.COM, for any infringement of Image Rights, Rights of Industrial Property and Copyright.
ALBUMPROFESIONAL.COM will not be responsible for conflicts that may arise from the manipulation of the image, bad, inappropriate, unauthorized use or any other improper or illegal of Artwork, in any media or support, which could harm interests and / or rights of individuals, businesses, buildings, corporations, or other official departments, in particular involving a violation of the constitutional rights of individuals or violating the law on Personal Data Protection, Intellectual and Industrial Property.
You can not upload or send to the website, or use the Website to the transfer, transmission of works or any other material or content that is libellous or defamatory, obscene or indecent.
You can not upload or send to the website, or use the Website to the transfer, transmission of works or any other material or content that contains or constitutes viruses, worms, Trojans or other malicious code, and disruptive or destructive features. You may not attempt to gain unauthorized access to any hardware or software systems or networks connected to the Website, or for any service or information not intentionally made available to you by Albumprofesional.com on or through the Website. You may not attempt to gain unauthorized access to the account of any other person or entity, or otherwise interfere with any other person or entity's use of the Website. You may not use any false or misleading information (e.g. false or misleading names, email addresses or URLs) when using the Website, including, without limitation, regarding the origin or source of work or any other material or content that you upload or any identifying information in your user account.
ALBUMPROFESIONAL.COM reserves the right to decide whether any work is suitable and fulfils this Agreement in addition to other violations of copyright and infringement violations of intellectual property law, such as but not limited to, pornography, obscene or defamatory material. ALBUMPROFESIONAL.COM may remove any works and / or terminate a user's access for uploading such material in violation of this Agreement at any time without notice and in its sole discretion.
6. Management and Operation of the Website
You acknowledge and agree that ALBUMPROFESIONAL.COM has no obligation to review the works or any other material or content uploaded to the site, and shall have no liability for any content of such works or other materials. ALBUMPROFESIONAL.COM shall have the right in its sole discretion to accept or deny, delete, move or edit any Works or other material or content uploaded on the website. If you upload or send any other works or material or content to the Website, or works or any other material or content is loaded using your member name or otherwise through your Membership account, you are solely responsible for such works or other material or content.
You acknowledge and agree that ALBUMPROFESIONAL.COM will have no liability for any material or content linked from other websites through hyperlinks or which can be accessed from the website, including any blogs, the comments of any blogs, or any forum on the web. You acknowledge and agree that ALBUMPROFESIONAL.COM will have no liability for any material or content of websites linked from other websites via hyperlinks.
ALBUMPROFESIONAL.COM reserves the right at its sole discretion, to change or discontinue any or all services on the Website at any time.
You acknowledge and agree that ALBUMPROFESIONAL.COM has no obligation to do or continue the particular site or any portion or related service available to you (whether such failure Availability is voluntary or not of ALBUMPROFESIONAL.COM). ALBUMPROFESIONAL.COM reserves the right, at its sole discretion, to suspend or terminate your membership at any time, including, without limitation, your name and Password.
You acknowledge and agree that ALBUMPROFESIONAL.COM can store personal information and other information about you on your computer in the form of “cookies”. Such use of cookies is only for the
operation of the Website. You acknowledge and agree that if you prohibit or restrict the placement of cookies on your computer, for example, the prohibition or restriction may have an adverse effect on your use of the Website.
You acknowledge and agree that ALBUMPROFESIONAL.COM can also store personal information about you in their computers inside or outside the EEC. By using this Site you acknowledge and agree that ALBUMPROFESIONAL.COM may, in its sole discretion, preserve or disclose your personal information if so required by law or in the good faith belief that such preservation or disclosure is necessary to: comply with legal processes, enforcement of this Agreement, to respond to claims for any work that violates third people rights , or protect the rights, property or personal safety of ALBUMPROFESIONAL.COM, its users or the general public. In compliance with the Act 15/1.999, from December 13, Personal Data Protection, we inform the client that the data he provides in ALBUMPROFESIONAL.COM in compliance with this agreement will become part of a file from ALBUMPROFESIONAL.COM, whose purpose is to manage the client portfolio, giving the Customer his express authorization to do so by Acceptance of this agreement. Similarly, we report the Customer that he/she may exercise rights of access, rectification, cancellation and opposition by the
tools available for this purpose on the website.
7. Billing, Credits and Payments
The right of ALBUMPROFESIONAL.COM to collecting of the Artwork downloaded by you emerge from the time of execution of the order or download or delivery of the artwork through any digital way, may within a period of 7 days from downloading or delivery notify any correction to ALBUMPROFESIONAL.COM in writing and reliable manner using the existing tools on the site. After three months without receiving the above communication in the required way, ALBUMPROFESIONAL.COM will assume that all the Artwork downloaded by the client is actually completed.
When the artwork is printed and / or bound by ALBUMPROFESIONAL.COM, to be sent to the client no rectification will be admitted once the print and / or binding has been made.
At the end of each order, ALBUMPROFESIONAL.COM will send the Client a bill for the artwork that has been downloaded or, delivered in any digital format.
Transactions on the site, including downloads of works will be carried out using the online payment form from the website, at the time preceding the download (this operation is to validate the access to the download) and after completion of the transaction in a period of less than 7 days you will receive the invoice from ALBUMPROFESIONAL.COM in accordance with the pricing, payments and budgets policy and subject to the amounts that may be owed to ALBUMPROFESIONAL.COM with respect to such transactions.
In the event that you are downloading a work, the final cost of the work will be charged on the credit card at the specified time.
If you purchase any work by using a credit card, you warrant that you are the cardholder and the billing information provided is accurate, and you allow ALBUMPROFESIONAL.COM to charge the full amount of the purchase, including sales tax or similar taxes.
In the event ALBUMPROFESIONAL.COM foresees before making the contracted work or during its carrying out, that it will be more expensive than originally offered and / or budgeted, and therefore, the originally agreed price was inadequate, ALBUMPROFESIONAL.COM can provide the customer for acceptance, a new rate reflecting the increase in price to cover the real needs of the project, and it should be accepted by the client to continue with the work or, if not accepted, ALBUMPROFESIONAL.COM may terminate this agreement wilfully and unilaterally, without any other requirement or condition than prior written notice to you.
Non-payment by you of any amount owed to ALBUMPROFESIONAL.COM determine the immediate extinction of the reproduction rights granted by this agreement, constituting the reproduction of the artwork a violation of intellectual and / or industrial property rules which will permit to ALBUMPROFESIONAL.COM the commencement of an appropriate legal action.
The lack of payment of any amount due to ALBUMPROFESIONAL.COM as well as failure to fulfil any obligation undertaken by you entitles ALBUMPROFESIONAL.COM to terminate this agreement, may seek legal action from the day after the balance debit, with a delay interest equal to the maximum legal rate at the time of default. Any cancellation on your part once the project has started will have a charge of 25% of total fare thereof, and shall be in writing and reliable manner. If the cancellation occurs after the project is endend by ALBUMPROFESIONAL.COM or is not communicated to ALBUMPROFESIONAL.COM in writing and reliable manner, you must pay 100% of the budgeted price.
8. User account
You acknowledge and agree that it will keep confidential the user name and password of the account ALBUMPROFESIONAL.COM provided you, composition and password chosen by you and approved by ALBUMPROFESIONAL.COM to be used with such membership and account. Your user account and password are personal to you and can not be shared with or transferred to any other person or entity.
You acknowledge and agree that you are solely responsible for each and every detail of your user account, user name and password, and that ALBUMPROFESIONAL.COM may base on the use of your user account, username as conclusive evidence that you use the Website.
9. Representations and Warranties
In addition to the representations and warranties made above, ALBUMPROFESIONAL.COM and you represent and warrant that, or he or she is entitled to enter into this Agreement
10. Compensation
You agree to indemnify, defend and free ALBUMPROFESIONAL.COM and its subsidiaries and their respective officers, directors, employees, owners, agents, from and against all claims, expenses (including attorneys' fees) or other liability resulting from breach of any of its representations, warranties or obligations under this Agreement, and any and all uses by you of the Website (including all uses under your user account, user name, being or not authorized by you), including, without limitation, any claim or action alleging infringement or violation of intellectual property rights, defamation or libel or slander, the right of privacy or "false light", right to publicity or confusion or distortion or alteration of work or any other material or content whether or not intentional. ALBUMPROFESIONAL.COM shall have the right in its sole discretion, to control the defence of any claim, action or matter subject to indemnification by you with a lawyer of his own choosing. You shall fully cooperate with ALBUMPROFESIONAL.COM in the defence of any claim, action or matter.
11. Limitations and Disclaimer
It provides an exemption of liability of ALBUMPROFESIONAL.COM against you or third parties under the following circumstances:
Access difficulties arising from telecommunications infrastructure, failure in the connections due to trouble with the server for Internet access, or due to incompatibility of Customer’s systems; in such cases the customer has the possibility to provide the artwork by any another means (DVD, CD, memory cards, etc ...).
When the quality or the result of displaying the downloaded Artwork does not meet your expectations for technical reasons unrelated to ALBUMPROFESIONAL.COM.
Abuse or misuse of login and password from you, your staff or by a third party, for loss, theft or disclosure. You must meet the amount of that displayed, in all cases.
Suspension of service due to force majeure.
For damages caused by defects in the artwork provided by ALBUMPROFESIONAL.COM, for an improper technical use, errors in the descriptions or information on Artwork or any other unforeseen circumstance, outside ALBUMPROFESIONAL.COM, which occurred during production or during the subsequent reproduction by You.
Also, when such loss or damage occurring during the use of ALBUMPROFESIONAL.COM from the computer files that contain images needed for the realization of the artwork, whether electronically transmitted or joint to a digital tangible support, or inability to use or the emergence of computer viruses, even if these damaged other files or software on your property.
Malfunction of ALBUMPROFESIONAL.COM database in the management of selected Artwork download or any other, notwithstanding the commitment of ALBUMPROFESIONAL.COM for addressing such errors as soon as possible and in turn the possibility of request the dispatch of material by other means (mail, courier, etc.)..
In cases of errors, incorrectness or inaccuracies in the data and information concerning the transferred Artwork or contents on the website.
ALBUMPROFESIONAL.COM is exempt from any liability to Customer or third parties for any damages of any kind that may befall their computers by using the website.
You agree that neither ALBUMPROFESIONAL.COM or its affiliates, nor any of its respective officers, directors, employees, owners, agents, (except you, as the case may be) shall be liable for any damages, whether direct, incidental, indirect or consequential, arising from your use of the Website, even if these parties have been informed or advised of the possibility of such damages.
Except where expressly stated in this agreement, neither party makes any representation or warranty, express or implied, including any warranty of merchantability or fitness for a particular purpose. For the sake of clarity, despite anything to the contrary contained in this agreement, ALBUMPROFESIONAL.COM makes no representations or warranties, express or implied, with respect to the website WWW.ALBUMPROFESIONAL.COM or services offered on the website
ALBUMPROFESIONAL.COM, or any other WORK or materials or content available on the website, including any warranties of merchantability, fitness for a particular purpose, non-infringement of copyright, trademark or other intellectual property rights, or freedom of all services, works or any other material or content, of viruses, worms, Trojan or other malicious code, and disruptive or destructive features.
ALBUMPROFESIONAL.COM is not responsible for the works or any other material or content uploaded or posted on the Website, including without limitation, any material or content uploaded or posted by any member on the website, in any forum or comment in a blog
12. Duration and Termination
This Agreement shall continue in perpetuity unless terminated in accordance with this Section 12. ALBUMPROFESIONAL.COM at any time may terminate this Agreement at its sole discretion, including without limitation, if you breach any of its representations, warranties or obligations under this Agreement, or inactivity by you with respect to the use of the Website. You may at any time terminate this Agreement by signing in to your membership account on the Website and then sending a termination request of ALBUMPROFESIONAL.COM. In the case of termination by ALBUMPROFESIONAL.COM, ALBUMPROFESIONAL.COM will notify you of such termination. ALBUMPROFESIONAL.COM reserves the right at its sole discretion, to terminate your membership at any time, including, without limitation, the deactivation of your User Name and Password.
13. Effect of Termination
Are grounds for termination of this Agreement, in addition to General Act, the following:
The total or partial breach of any obligations assumed by each party to this Agreement and General Conditions and in the relevant Particular Conditions, as well as the declaration of bankruptcy, insolvency and moratorium declared in the payment of obligations of the Client after the conclusion of this Agreement.
The merger, break-up, dissolution, termination or any other restructuring of the corporate form of the client, even if one of them is or becomes self-employed-natural person. In the event that the breach was remedied, the defaulting Party shall have ten (10) days from receipt of the notice to remedy it; if within that period the breach is not remedied, the Agreement shall be terminated within thirty (30) days from receipt of the notification indicated.
Upon termination of this Agreement:
(a) your account will be cancelled and closed and your user name and password will be deactivated;
(b) All the works you uploaded will be removed from the website, provided, however, Albumprofesional.com may continue to use the work internally for file and reference;
Termination of this Agreement does not exempt you from paying any obligations that may have arisen prior to such termination, or any other obligations under any other agreement which has not been completed, as the arrangement of loading or unloading content. The provisions of Sections 8, 10, 11, 13 and 15 shall survive termination of this Agreement.
14. Suspension
ALBUMPROFESIONAL.COM reserves the right at its sole discretion, to suspend your membership at any time and for any length of time. In the event, and as long as ALBUMPROFESIONAL.COM suspended you Membership account, you will not be able to upload works to the Website, nor you can continue to access your membership account through your Member Name and Password. For the sake of clarity, ALBUMPROFESIONAL.COM will not eliminate Works uploaded previously to the suspension of your membership account and these works will continue available for download.
15. Several
The Provisions of this Agreement shall not be construed so as to enable its implementation in a way that unreasonably prejudice the legitimate interests of ALBUMPROFESIONAL.COM or contrary to the normal operation of the works referred to in this Agreement.
In the event that one or more of the Provisions of the agreement will become invalid, illegal or unenforceable under any law or resolution of judicial or administrative authority, they shall be deemed ineffective to the extent that is in accordance with this rule or resolution but otherwise the Agreement shall retain its full validity.
The Parties agree to replace the Stipulation or Stipulations affected by others which retain the spirit and the economic effects are more similar to the replaced.
This Agreement shall be governed by and construed in accordance with Spanish law, without regard to any conflict of legal principles. Any legal action, suit or proceeding arising out of or in connection with this Agreement shall be instituted in a court of competent jurisdiction in the matter of the courts of Barcelona, and you and ALBUMPROFESIONAL.COM submit to the personal jurisdiction of such court and waive any rights that each may have to claim lack of personal jurisdiction or inconvenience of jurisdiction.
This is a commercial Agreement and shall be governed, first, as provided in it, and what is not covered by it, by the Spanish Commercial Code, special Spanish laws and applicable Spanish legislation.
Chapter IV of the Preliminary Title of the Spanish Civil Code, relating to rules of private international law, in Article 10.5 says that “the law that the parties have expressly subjected shall be applied to contractual obligations, provided that it has any connection with the business in question [...].” Similarly, Article 10.4 of the Code provides that "The rights of intellectual property will be protected within the Spanish territory in accordance with Spanish law, without prejudice to international conventions and treaties to which Spain is a party”.
Under these two provisions, the parties expressly agreed that all obligations under this contract shall be governed, in matters not covered explicitly in the same, by the provisions of Spanish law that are applicable.
In this regard, shall apply to this contract, among others, the Royal Legislative Decree 1 / 1996 of April 12, which approves the text of the Law of Intellectual Property, which involves the incorporation of Spanish law Directive 93/98/EEC, of the Council, on the protection of intellectual property applicable to the member states of the European Union and those belonging to the European Economic Area. It is also the implementation of Law 34/2002, of July 11, services of information society and electronic commerce, which states in Article 2.1 that "This Act shall apply to service providers of the information society in Spain and the services they provide. It is understood that a service provider is established in Spain when resides or located in Spanish territory, provided they match the place where administrative management and direction of their businesses is effectively centralized. Otherwise, you will respond to the scene in which the management or administration is carried out”. Similarly, Article 7.1 states that "The services provision of information society from a provider established in a Member State of the European Union or European Economic Area will be conducted under the freedom to provide services, but may any restrictions be laid to them by virtue of the coordinated policy environment [...]. "
Also at the event you are hosting a special VAT scheme and / or need a special tax treatment, it will have to be reported to ALBUMPROFESIONAL.COM before performing any work, not being an ALBUMPROFESIONAL.COM responsibility the not adequacy of the invoices issued for their work to your fiscal reality. Specifically, delivery of artwork and / or services on-line for download in the U.S. is considered an outside export , which is exempt from VAT.
The relationship between you and ALBUMPROFESIONAL.COM under this Agreement is that of independent contractors. For clarity, the parties are not joint participants, partners, principal and agent, or the employer and employee. Neither party shall have the authority to obligate or bind the other in any way. You agree that you will be responsible for all use, sales, added value and similar taxes imposed by any governmental authority in any jurisdiction in connection with your use of the Website.
No waiver from ALBUMPROFESIONAL.COM to exercise any power, right, privilege or appeal under this Agreement, and without delay on the part of ALBUMPROFESIONAL.COM to exercise any power, right, privilege or appeal, shall preclude any other or more exercise or any other power, right, privilege or appeal. ALBUMPROFESIONAL.COM shall have the right in its sole discretion, to sell all or part of its rights or obligations under this Agreement. You do not have the right to assign any of your rights or obligations under this Agreement.
This Agreement shall be will, be in benefit of and be binding on, ALBUMPROFESIONAL.COM and you, and their respective successors and assignees. Nothing in this Agreement, express or implied, is intended to confer upon any person or entity, except ALBUMPROFESIONAL.COM and you, and their respective successors and assignees, the rights, remedies, obligations or liabilities under or by reason of this Agreement.
Whenever the context so requires, the singular number include the plural and vice versa, and the masculine, feminine and neuter gender shall include all others. The underlined headings contained in this Agreement are for convenience of reference only and in no way affect the meaning or interpretation of this Agreement.
This agreement of general conditions will be understood as accepted in all terms and shall have full effect from the receiver backs it to ALBUMPROFESIONAL.COM by any means able to ensure its receipt, the last page of it signed and / or begin using any of the services provided by ALBUMPROFESIONAL.COM, SC.
DEFINITIONS AND EXPLANATORY NOTES
ARTWORK: Photos property of ALBUMPROFESIONAL.COM and pages DIGITAL ARTISTIC ALBUM (album of images digitally layout using professional photographs owned by the customer or ALBUMPROFESIONAL.COM, retouched and optimized for an output to photo paper) integrated in the Database accessible through the URL www.albumprofesional.com
DATABASE: A group or collection of Artworks and data related to it provided in a systematic and methodical way, accessible electronically through the Web www.albumprofesional.com in every client account. This database is in itself an artistic work, and as such is subject to intellectual property, as prescribed by Royal Decree 1 / 1996 of April 12, which approves the text of the Law of Intellectual Property without prejudice to the protection of intellectual property of the Artwork and / or data which compose it.
ALBUMPROFESIONAL.COM: Trademark under which serves
FO2 S.L., located at C / Ciutat, 7. Berga Barcelona 08600 Spain. With C.I.F.: B60745593. Tel: +34 902212414.
YOU: The natural person or legal entity which has contracted the services described in these Terms and who, is licensed for reproduction of the artwork you select in a work or publication, in any means or format, material or immaterial.
AGREEMENT: The Contract consists of these Terms and Conditions associated with each type of purchased product, the later will be negotiated on an individual basis with you and once accepted they will contain the identification data, the duration of the Contract, price, method of payment and other elements in the General Conditions and that are not covered by them.
ALBUMPROFESIONAL.COM will bill you according to the created and delivered Artwork.
DOWNLOAD: Telematic transmission process by which you, after you enter your Login and Password, access the website and select the finished artwork to obtain, using the system for transmission of files over the Internet, a copy on your computer from the Web www.albumprofesional.com.
LOGIN: Client User Code approved by ALBUMPROFESIONAL.COM in a personal, individualized and non-transferable way after the acceptance of these Terms.
PASSWORD: Customer Password also approved by ALBUMPROFESIONAL.COM after the Customer’s acceptance of these General Conditions and the respective conditions, necessary with the login to access services under the Contract.
REPRODUCTION RIGHTS: Right to property corresponding to the author or, where applicable, its successors or other holders of Intellectual Property Rights. The Reproduction Rights shall be transferred in accordance with these Terms and Conditions for each product contracted by the client.
To accept the terms of service, click OK. By clicking "Register", you agree to the terms of the privacy statement and the service contract of ALBUMPROFESIONAL.COM, you agree to receive electronic notifications from ALBUMPROFESIONAL.COM and you agree to receive personalized ads and regularly e-mails to subscribers. If you do not accept these conditions, cancel the registration.
Aceptación de condiciones




