In compliance with the duty of information stipulated in article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSICE), published in “BOE” No. 166, all our users and visitors are informed that the entity that owns this website is Engracia Hombrados Balza with registered office at c/Marte 2, Puerto del Carmen, 35510 Tías (Las Palmas) and whose tax identification number or CIF is 53436802M and that it is known hereafter by the trade name of ESPhotography

Other identifying data:

The following information establishes and governs the terms of use, limitations of liability, and obligations that users of the website published under the domain name esphotography.es agree to and commit to respecting.

Legal Framework

The activity of this website is subject to Spanish and European legal frameworks, specifically to the following regulations:

  • General Data Protection Regulation (GDPR) (EU) 2016/679, which governs the processing of personal data by Controllers located in the countries of the European Union.
  • Organic Law 3/2018, of December 5, on the Protection of Personal Data and Digital Rights (LOPD and GDD), a national regulation applicable in Spain, which defines and expands many of the concepts and rights established in the GDPR.
  • Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSICE), a regulation that applies to websites that carry out commercial communications or economic activities through electronic means, as is the case with this website.

Definitions

  • "Page": the domain esphotography.es, made available to Internet users.
  • "User": any natural or legal person who accesses or browses the Page.
  • “Content” refers to the pages that make up the entirety of the domain esphotography.es, which comprise the information and services that ESPhotography makes available to Internet users. These pages include messages, texts, photographs, graphics, icons, logos, technology, links, textures, drawings, sound and/or image files, recordings, software, layout, graphic design, source codes, and, in general, any kind of material contained on the Website.
  • "Web": a technical term describing the system for accessing information via the Internet, made up of pages created using HTML or similar languages, and programming tools such as Java, JavaScript, PHP, among others. These pages, designed and published under an Internet domain name, represent the information made available by the owner to Internet users.
  • "Hyperlink": a technique that allows a User to navigate through different pages of the Web, or across the Internet, with a simple click on the text, icon, button, or indicator containing the link.
  • “Cookies” are a technical means of enabling “traceability” and tracking of navigation on websites. They are small text files that are written to the User’s computer. This method has implications for privacy, which is why ESPhotography will duly and reliably notify users of their use at the time they are implemented on the Website.

Users / Terms of Use

Access to and/or use of this website, esphotography.es, confers the status of USER, who accepts, from the moment of such access and/or use, these terms of use without reservation, including each and every clause and general condition set forth in the Legal Notice.

If the User does not agree with the terms and conditions set out in this Legal Notice, they must refrain from using the Page.

Use of the Website

esphotography.es provides access to articles, information, and data (hereinafter referred to as “THE CONTENTS”) owned by ESPhotography. The USER assumes responsibility for the use of the website.

Some pages of the website (esphotography.es) may allow participation through comments, in which case any user may submit texts via the designated form. By submitting such texts, by clicking on the corresponding link, the USER agrees and undertakes to make appropriate use of the contents that esphotography.es offers through its website, and not to use them to:

  • engaging in unlawful, illegal, or activities contrary to good faith and public order.
  • disseminating content or propaganda of a racist, xenophobic, illegal-pornographic nature, or content that promotes terrorism or violates human rights.
  • cause damage to the physical and logical systems of esphotography.es, its suppliers, or third parties; or to introduce or spread computer viruses or any other physical or logical systems that may be capable of causing the aforementioned damage.
  • attempting to access and, where applicable, use other users’ email accounts, as well as to modify or tamper with their messages.
  • In short, to respect the applicable legislation, generally accepted moral standards and good practices, public order, and these general conditions of access and use.

To this end, the USER agrees and commits NOT to use any of the Contents for unlawful purposes or effects, for actions prohibited in the Legal Notice or by current legislation, or in ways that may harm the rights and interests of third parties, or that may in any way damage, disable, overload, deteriorate, or impede the normal use of the Contents, computer equipment, or documents, files, and any kind of content stored on any computer equipment owned or contracted by ESPhotography, by other Users, or by any Internet user (hardware and software).

EL USUARIO se obliga y se compromete a no transmitir, difundir o poner a disposición de terceros cualquier clase de material contenido en la Página, tales como informaciones, textos, datos, contenidos, mensajes, gráficos, dibujos, archivos de sonido y/o imagen, fotografías, grabaciones, software, logotipos, marcas, iconos, tecnología, fotografías, software, enlaces, diseño gráfico y códigos fuente, o cualquier otro material al que tuviera acceso en su condición de Usuario de la Página, sin que esta enumeración tenga carácter limitativo.

Likewise, in accordance with all of the above, the USER may not:

  • Reproduce, copy, distribute, make available, or otherwise publicly communicate, transform, or modify the Contents, unless they have the prior written and explicit authorization of ESPhotography, which holds the corresponding rights, or unless such actions are legally permitted.
  • Delete, manipulate, or in any way alter the copyright and other identifying data regarding ESPhotography’s rights reservation or that of its holders, digital fingerprints and/or identifiers, or any other technical means established for their recognition.
  • The User must refrain from obtaining or even attempting to obtain the Contents by using means or procedures other than those that, in each case, have been made available for this purpose or indicated for this purpose on the web pages where the Contents are located, or, in general, those commonly used on the Internet for this purpose—provided that they do not pose a risk of damage to or disablement of the Page and/or the Contents.

Likewise, the USER acknowledges:

  • ESPhotography shall not be held in any way responsible for the opinions expressed by users, who participate under their sole and exclusive responsibility.
  • User comments do not represent the opinions of ESPhotography, its partners, or its employees.
  • ESPhotography does not, under any circumstances, guarantee the publication of content submitted by users. In this regard, all comments received will be automatically reviewed by an anti-spam filter and moderated, in terms of form, by a website administrator, who will in all cases act in accordance with the democratic freedoms of expression and information.

Likewise, ESPhotography reserves the right to remove any comments and contributions that violate respect for human dignity; that are discriminatory, xenophobic, racist, or pornographic; that threaten youth or children, public order, or public safety; or that, in its judgment, are not suitable for publication.

In any case, esphotography.es shall not be held responsible for the opinions expressed by users through the blog or any other participation tools that may be created, in accordance with applicable regulations.

Privacy Policy. Data Protection

ESPhotography is aware of the importance of data protection as well as the privacy of the USER. For this reason, it has implemented a data processing policy aimed at ensuring maximum security in the collection and use of such data, guaranteeing compliance with current regulations on the matter, and establishing this policy as one of the fundamental pillars of the company’s operations. Therefore, ESPhotography strongly encourages users to read its “Privacy Policy.”

Hyperlinks

As a service to our visitors, our website may include hyperlinks to other sites that are not operated or controlled by ESPhotography and that contain third-party content. Therefore, ESPhotography assumes no responsibility whatsoever for such content, nor does it guarantee or take responsibility for the legality, reliability, usefulness, truthfulness, or timeliness of the content on those websites or their privacy practices. Please be aware that, before providing your personal information to these websites not associated with esphotography.es, their privacy practices may differ from ours.

ESPhotography will, in any case, proceed with the immediate removal of any content that may violate national or international law, morality, or public order, immediately eliminating the redirection to the said website and reporting the content in question to the competent authorities.

The CONTROLLER shall not be held responsible for the information and content stored—by way of example, but not limited to—in forums, chats, blog generators, comments, social networks, or any other medium that allows third parties to publish content independently on the CONTROLLER's website. However, in compliance with Articles 11 and 16 of the LSSICE, all users, authorities, and law enforcement are provided with the means to report such content, and the CONTROLLER actively collaborates in the removal or, where appropriate, the blocking of any content that may affect or violate national or international legislation, third-party rights, or public morals and order. If a user considers that any content on the website may fall into this category, they are kindly requested to notify the website administrator immediately.

Likewise, those who intend to establish hyperlinks between their website and ours (esphotography.es) must observe and comply with the following conditions:

  • Prior authorization will not be required when the Hyperlink solely allows access to the homepage, without reproducing it in any way. Any other form of Hyperlink will require the express and unequivocal written authorization of ESPhotography.
  • No “frames” shall be created with or around the web pages of ESPhotography.
  • No false, inaccurate, or offensive statements or indications shall be made about ESPhotography, its management, employees or collaborators, individuals associated with the Website for any reason, the Users of the Website, or the Contents provided.
  • It shall not be declared or implied that ESPhotography has authorized the Hyperlink, or that it has in any way supervised or endorsed the content made available on the website where the Hyperlink is established.
  • The website on which the Hyperlink is established may only contain what is strictly necessary to identify the destination of the Hyperlink.
  • The website on which the Hyperlink is established shall not contain any information or content that is unlawful, contrary to generally accepted moral standards and public order, nor shall it contain content that infringes the rights of third parties.

IP addresses

The website’s servers may automatically detect the IP address and domain name used by the user. An IP address is a number automatically assigned to a computer when it connects to the Internet. All of this information is recorded in a duly registered server activity log, which allows for the subsequent processing of data solely for statistical purposes, such as determining the number of page impressions, the number of visits to the web servers, the sequence of visits, the point of access, and so on.

Modification of the Legal Notice

In order to improve the performance of the website, ESPhotography reserves the right to make modifications and updates to the information contained on the website, as well as to its configuration, design, and this legal notice, at any time and without prior notice. Accordingly, the USER is advised to read the Legal Notice each and every time they access the Website.

Intellectual and Industrial Property

All content on the website is duly protected under intellectual and industrial property regulations and is registered with the corresponding public registries.

ESPhotography holds all intellectual and industrial property rights to its website, as well as to the elements contained therein. These include, but are not limited to, images, sound, audio, video, software, and texts; trademarks or logos, color combinations, structure and design, selection of materials used, and computer programs necessary for its operation, access, and use. All such elements are the property of ESPhotography or its licensors, with all rights reserved.

Regardless of the intended purpose, the total or partial reproduction, use, exploitation, distribution, and commercialization of any content requires the prior written authorization of ESPhotography. Any unauthorized use shall be considered a serious infringement of the author’s intellectual or industrial property rights.

The USER agrees to respect the Intellectual and Industrial Property rights owned by ESPhotography. They may view the elements of the website and may even print, copy, and store them on the hard drive of their computer or on any other physical medium, provided that it is solely and exclusively for their personal and private use. The USER must refrain from deleting, altering, bypassing, or tampering with any protection device or security system installed on the pages of ESPhotography.

All trademarks, trade names, or distinctive signs of any kind that appear on the Website are the property of ESPhotography or, where applicable, of third parties who have authorized their use. The use of or access to the Portal and/or the Content shall not be understood to grant the User any rights over said trademarks, trade names, and/or distinctive signs, nor shall it be construed as granting the User any of the exploitation rights that exist or may exist over such Content.

Likewise, the Content is the intellectual property of ESPhotography or, where applicable, of third parties. Therefore, the Intellectual Property rights are owned by ESPhotography or by third parties who have authorized its use, and who hold the exclusive right to exploit such content in any form, particularly the rights of reproduction, distribution, public communication, and transformation. The reproduction, distribution, and public communication — including the method of making content available — of all or part of the content on this website for commercial purposes, in any format and by any technical means, is expressly prohibited without the authorization of ESPhotography.

The unauthorized use of the information contained on this Website, as well as any infringement of the Intellectual or Industrial Property rights of ESPhotography or of third parties who have provided content for the Website, will give rise to the legally established liabilities.

Disclaimer of Liability

ESPhotography is exempt from any liability arising from the information published on its website, provided it has no effective knowledge that such information has been manipulated or introduced by an unrelated third party, or, if it does have such knowledge, that it has acted diligently to remove the data or make access to it impossible.

Cookies

Cookies are the technical means used for the “traceability” and tracking of browsing activity on websites.

This website may use technical cookies. These are small information files that the server sends to the user’s computer when they access the site, in order to perform certain functions that are considered essential for the proper functioning and display of the website. The cookies used are, in any case, temporary and are intended solely to make browsing more efficient, disappearing at the end of the user’s session. Under no circumstances do these cookies provide personal data on their own, nor will they be used to collect such data.

Through the use of cookies, the server hosting the website may also recognize the browser used by the user in order to make browsing easier. This allows, for example, previously registered users to access areas, services, promotions, or contests reserved exclusively for them without having to log in on each visit. Cookies may also be used to measure audience size, track traffic parameters, monitor progress, and count visits, among other things. In these cases, the cookies are not technically essential but are beneficial to the user.

This website will not install non-essential cookies without the user’s prior consent.

This website uses analytical cookies (_ga or _utm) owned by Google Analytics, which are persistent for 2 years, to enable the function of tracking unique visits and to facilitate your navigation.

This method has privacy implications, and therefore ESPhotography informs users that it may use cookies for the purpose of compiling website usage statistics, as well as to identify the User’s computer in order to recognize them on future visits. In any case, the user can configure their browser to block the use of cookies during visits to the website.

Every user who visits the website is informed of the use of these cookies through a floating banner, and it is understood that by accepting the processing, they agree to their use. If the user accepts, the banner will disappear; however, consent may be revoked at any time, and further information can be obtained by consulting our Cookie Policy.

The user has the option to configure their browser to be notified of the receipt of cookies and to prevent their installation on their device. Please refer to your browser’s instructions for more information.

ESPhotography is aware of the importance of data protection and user privacy, and therefore encourages users to read the “Cookie Policy” available on our website.

Website Availability

ESPhotography does not guarantee the absence of interruptions or errors in accessing the Website or its Content, nor that such content will always be up to date, although it will make every effort to prevent, correct, or update them as needed. Consequently, ESPhotography shall not be held liable for any damages or losses of any kind suffered by the USER that result from failures or disconnections in telecommunications networks which cause the suspension, cancellation, or interruption of the Portal’s service, whether during its operation or beforehand.

ESPhotography excludes, to the extent permitted by current legislation, any liability for damages of any kind that may arise from the lack of availability, continuity, or quality in the operation of the Website and its Content, as well as from the failure to meet the expectations of usefulness that users may have attributed to the Website and its Content.

The sole purpose of the Hyperlinks that appear on this Website is to inform the user of the existence of other websites that contain information on the subject. These Hyperlinks do not constitute any form of suggestion or recommendation.

ESPhotography shall also not be held responsible for any security errors that may occur, nor for any damage that may be caused to the user’s computer system (hardware and software), or to the files or documents stored therein, as a consequence of:

  • The presence of a virus on the user’s computer used to connect to the services and content of the website,
  • A malfunction of the browser or the use of outdated versions of it.

ESPhotography is not responsible for the content of such linked pages, the operation or usefulness of the Hyperlinks, or the outcome of accessing such links. It also does not guarantee the absence of viruses or other elements that may cause alterations to the user’s computer system (hardware and software), documents, or files, and excludes any liability for damages of any kind caused to the user for this reason.

Access to the Website does not imply any obligation on the part of ESPhotography to ensure the absence of viruses, worms, or any other harmful computer elements. It is the User’s responsibility, in all cases, to have the appropriate tools for the detection and removal of harmful software. Therefore, ESPhotography shall not be held responsible for any potential security errors that may occur during the provision of the Website service, nor for any possible damage that may be caused to the user’s or third parties’ computer systems (hardware and software), files, or documents stored therein, as a result of the presence of a virus on the user’s computer used to connect to the Website’s services and content, a malfunctioning browser, or the use of outdated versions of the browser.

Website Quality

Given the dynamic and constantly changing nature of the information and services provided through the Website, ESPhotography makes its best effort but does not guarantee the absolute truthfulness, accuracy, reliability, usefulness, and/or timeliness of the Content.

The information contained on the pages of this Portal is solely for informational, consultative, promotional, and advertising purposes. Under no circumstances does it constitute or imply any binding or contractual commitment.

ESPhotography excludes all liability for any decisions the USER may make based on this information, as well as for any typographical errors that the documents and graphics on the Website may contain. The information is subject to periodic changes without prior notice, due to updates, improvements, corrections, or expansions of the Content.

Availability of Content

The provision of the Website service and its Content is, in principle, of indefinite duration. However, ESPhotography is authorized to terminate or suspend the provision of the Website service and/or any of the Content at any time. When reasonably possible, ESPhotography will give prior notice of the termination or suspension of the Website.

Jurisdiction and Applicable Law

For the resolution of any disputes, interpretation, application, compliance, or issues related to this website or the activities carried out on it, Spanish law shall apply, to which the parties expressly submit. The Courts and Tribunals of the registered address of the owner of this website shall have jurisdiction over any conflicts arising from or related to its use.

All copyright rights are reserved under international intellectual property laws and treaties. Copying, reproduction, or sale is expressly prohibited.

LAST REVIEW: MARCH 2025