LEGAL NOTICE
1. Website owner
This legal notice regulates the use of the website www.javier-espila.com, which is made available to you by Javier Espila.
You can reach Javier Espila directly by writing to the following address: javiespila@gmail.com
Browsing Javier Espila’s Website implies the User’s full and unreserved acceptance of each and every one of the provisions contained in this Legal Notice. The Legal Notice may be amended while it is in force.
The User undertakes to use the Website correctly, in accordance with the laws and regulations in force, good faith, public order, and commercial standards, and in accordance with the contents of this Legal Notice. The User will be liable to Javier Espila or to third parties for any damage caused as a result of the nonfulfilment of this obligation or the unauthorised use of the content published on www.javier-espila.com.
Online contact form:
Accessing, browsing, and using the JAVIER ESPILA website implies that the User is familiar with and unreservedly accepts each and every one of the provisions included in the Legal Notice published at any time on the JAVIER ESPILA website. The User must read this Legal Notice carefully each time they intend to use the JAVIER ESPILA website, as both the Website and the terms and conditions of use contained in this Legal Notice may be modified while it is in force.
Some of the services offered by the JAVIER ESPILA Website and accessible to internet users are subject to specific conditions, regulations, and instructions that may replace, supplement, and/or modify this Legal Notice. These must be actively and unambiguously accepted by the User and will serve as authorisation for the use of their data for the purposes established for the service in question.
The User undertakes to make proper use of the Website in accordance with the laws and regulations in force, good faith, public order, and commercial standards, and in accordance with the contents of this Legal Notice. The User will be liable to JAVIER ESPILA or third parties for any damage caused by breaches of this obligation.
2. Access and general conditions of use of the Website
2.1. Access to and use of the website www.javierespila.com and all subdomains and directories included in it (hereinafter, “the Website”) are subject to the terms and conditions set out in this Legal Notice.
2.2. The purpose of the Website is to promote and provide information regarding JAVIER ESPILA’s work as an illustrator and/or writer. The Website is intended to be useful, so suggestions from users are welcome. However, should you disagree with any of the terms and conditions contained in this Legal Notice, you should not continue to use this Website. By accessing or using the Website, you agree to abide by and comply with these terms and conditions in full. In addition, the use of certain services offered on this site is subject to the specific terms and conditions set out in each case. By using these services, you agree to these specific terms and conditions.
2.3. For the purposes of this Legal Notice, a website is understood to be the information displayed and/or transmitted (including, but not limited to, texts, comments, news, videos, sounds, image clips, images, databases, multimedia products, photographs, artistic presentations, products, and, in general, any other creation or content expressed in any format and/or tangible or intangible medium that currently exists or may be invented in the future, regardless of whether it is protected by the legislation in force in the fields of intellectual property rights, copyright, or similar rights, collectively referred to as the “Content”) which, by virtue of its selection or arrangement, constitutes an intellectual work protected under article 12 of the Revised Text of the Intellectual Property Act.
2.4. By accessing, using, or browsing this Website or its Content, you agree to these terms and conditions. JAVIER ESPILA may modify these terms and conditions of use at any time.
JAVIER ESPILA may modify this Website and its contents at any time without prior notice and will update it periodically.
2.5. The User expressly and unreservedly accepts that they access and use this Website and its contents at their own risk, without any liability on the part of JAVIER ESPILA or any third party.
2.6. Access to this Website is free of charge, and browsing and using it does not require any prior subscription, registration, or contract.
2.7. The User undertakes to use the Website carefully and appropriately. The User agrees to use the Content of the Website in accordance with the Law and this Legal Notice, as well as any other conditions, regulations, and instructions that may apply to them.
JAVIER ESPILA reserves the right to modify, suspend, cancel, or restrict the Content of the Website and/or the links and information obtained through it without prior notice.
Likewise, the User undertakes not to use the Website (i) to carry out activities that are contrary to the law, principles of morality, accepted good practice, or public order, or (ii) for purposes or effects that are illegal, prohibited, or harmful to the rights and interests of third parties, and JAVIER ESPILA refuses any liability that may arise from any of the above.
By way of example, in accordance with current legislation, the User must refrain from:
a) Reproducing, copying, distributing, making available, publishing, transforming, or modifying the Content, except in cases authorised by law or expressly authorised by JAVIER ESPILA or by the holder of the rights of use, as the case may be.
b) Reproducing or copying Content such as articles, publications, logos, software, etc. for private use, in accordance with current intellectual property legislation, and/or publishing it or making it available to third parties when these acts necessarily imply the reproduction of the Content by the User or a third party.
c) Extracting and/or reusing all or a substantial part of the Content.
2.8. JAVIER ESPILA is not liable for the opinions expressed by third parties through the tools that may be available for this purpose on his Website now or in the future, nor is he responsible for the content of websites linked to this Website through these tools.
2.9. JAVIER ESPILA will ensure that the Content of this Website is not pornographic, xenophobic, discriminatory, or racist and does not promote violence.
2.10. The User is prohibited from modifying this Website in any way that may affect its Content, such as through linking or similar practices.
2.11. The User acknowledges that JAVIER ESPILA does not agree to assign or transfer to the User any rights to the Website or its Content or registered trademarks appearing therein, including those belonging to third parties. JAVIER ESPILA only authorises the User to access and use the Website and its Content in accordance with the terms set out in this Legal Notice.
Specifically, JAVIER ESPILA authorises the User to access and browse the Website and to access the Content found therein.
2.12. The User is not authorised to copy, distribute, transmit, communicate, modify, alter, transform, cede, or in any other way carry out activities that imply the commercial or illegal use of the Website, its Content, or the elements that comprise it, in whole or in part.
2.13. The information provided herein is of an informative nature, and JAVIER ESPILA reserves the right to cancel or suspend its distribution, in whole or in part, and to modify the structure and content of the Website without prior notice, as well as to limit or prohibit access to this information. The aim of so doing is to ensure this information is up-to-date and maintain its quality and to avoid and minimise errors that may result from technical problems.
However, JAVIER ESPILA does not guarantee that access to the information will not be interrupted or affected by such problems. JAVIER ESPILA reserves the right to make changes and updates to the information contained in this Website, or to its layout and design, at any time and without prior notice.
Minors
The contents and services offered by JAVIER ESPILA are legal and informative in nature and are not inappropriate for minors for any reason.
Minors are not permitted to use the services available on this Website without the prior consent of their parents, guardians, or legal representatives, who shall be held legally responsible for any actions taken by the minors under their supervision.
The legal representatives of minors are fully responsible for these minors accessing Internet content and services.
JAVIER ESPILA would like to inform you that there are computer programs that allow you to filter and block access to certain contents and services.
3. Links
3.1. Links to third-party web content
This Website may contain links to other websites that are not managed by JAVIER ESPILA.
JAVIER ESPILA hereby declares that he has no control over these third-party websites and is not responsible for their content. The links that may appear on this Website are provided for information purposes only, in order to facilitate access to other content that may be of interest to the User.
JAVIER ESPILA is not responsible, directly or indirectly, for the legality, truthfulness, usefulness, quality, or reliability of any content that he does not directly manage or control, even if it is accessible through this Website.
3.2. Links to the contents of this Website from third-party websites
Creating links to this Website from other websites or webpages that contain material, information, or content that is illegal, defamatory, obscene, or generally contrary to principles of morality, public order, or generally accepted social norms is strictly prohibited.
The reproduction of the Content of this Website on third-party websites or their inclusion as part of such websites requires the express authorisation of JAVIER ESPILA.
The inclusion of the trademark, name, trade name, label, logo, slogan, or any other type of identifying element of JAVIER ESPILA and/or the Website in third-party websites requires the express authorisation of JAVIER ESPILA.
4. Intellectual and industrial property rights
4.1. JAVIER ESPILA reserves the intellectual property rights to the Website in relation to the components that make up the visual appearance, the design, and other sensory stimuli of the pages that make up the Website; the navigation architecture; the source codes of the pages; photographs, illustrations, recordings, computer programs (hereinafter, the “Software”), databases, technology, know-how, trademarks, distinguishing marks, and logos.
4.2. The Content and works reproduced on this Website, which are the property of JAVIER ESPILA, are protected by intellectual property legislation. Their total or partial reproduction is prohibited, except in the cases and within the limits expressly authorised by JAVIER ESPILA.
Likewise, using the Content of the Website, particularly the images and illustrations published on it, which are subject to copyright and intellectual property, to train artificial intelligence, machine learning, or image processing algorithms is strictly prohibited. Any use of the images contained in the Website without the consent of JAVIER ESPILA will be considered an infringement of copyright, in which case JAVIER ESPILA reserves the right to take all appropriate legal action in defence of the intellectual property rights to which they are subject.
The use of all Content of this Website is therefore subject to the following conditions:
(i) The use of the Content owned by JAVIER ESPILA for informational purposes is authorised only for personal and non-commercial use. In all cases, the User must cite the author and attribute the source of the material used for authorised personal and educational use, with an explicit reference to the URL of this website. The use of this Website and its Content, as authorised here, is free of charge;
(ii) The User is expressly authorised to view the information and items contained therein and to download or reproduce it on their computer systems for private use, except where expressly stated otherwise.
(iii) Any User accessing this Website is not authorised to transfer, distribute, or circulate by any means, in whole or in part, the elements contained in this Website that are the property of JAVIER ESPILA, to send them by email for purposes other than those authorised in this Legal Notice, or to modify or alter them in any way.
(iv) JAVIER ESPILA will take the necessary legal and material measures to prevent the undesired inclusion in this Website of elements that may be posted by third parties outside JAVIER ESPILA in contravention of this Legal Notice and the authorised use of the Website;
(v) JAVIER ESPILA may deny access to this Website to any user who posts or introduces content that is unauthorised, illegal, or likely to be illegal and reserves the right to continue to take appropriate legal action in such cases, including the subsequent removal, moderation, and/or editing of such content. In such cases, JAVIER ESPILA will cooperate with the competent authorities to identify any person or entity that might post or attempt to post such material;
(vi) JAVIER ESPILA is solely and exclusively liable for the Content of this Website published by JAVIER ESPILA himself and is in no case liable for content that may have been posted by unauthorised third parties;
(vii) JAVIER ESPILA reserves the exclusive exercise of the rights of use to his intellectual property on this Website, in any form, especially the rights of reproduction, distribution, publication, and transformation, without prejudice to the rights of the authors of works reproduced on this Website.
4.3. With regard to the names of third-party products and/or services, JAVIER ESPILA recognises the owners of said industrial and intellectual property rights, and the mention or appearance of these on this Website does not imply the existence of any rights or liabilities with regard to them, or any endorsement, sponsorship, or recommendation, unless expressly stated.
4.4. The User acknowledges and accepts that the rights regarding this Website are protected by the applicable legislation on intellectual property rights, industrial property rights, rights of commercial use, and advertising rights to images and other similar rights.
4.5. The unauthorised use of the information contained in this Website and the infringement of JAVIER ESPILA’s intellectual or industrial property rights will incur the liabilities established by law.
4.6. JAVIER ESPILA is responsible for the exclusive exercise of the rights of use and for the rights of reproduction, distribution, publication (in any form), and transformation of the Content that is his property.
4.7. JAVIER ESPILA and the JAVIER ESPILA logo are trademarks of JAVIER ESPILA, as are the symbols, distinguishing marks, or logotypes. The use of these trademarks requires the express authorisation of JAVIER ESPILA as well as a LICENSE AGREEMENT expressly agreed between the parties. Any unauthorised use of these trademarks or other trademarks of JAVIER ESPILA may be subject to judicial or extrajudicial claims.
5. Limitation of liability
5.1. JAVIER ESPILA is not liable for links or the content of the links of third parties mentioned in the Website.
5.2. Access to this Website and the use of the information contained therein is the sole responsibility of people engaging in such activities. The User is liable for all activities they engage in when browsing the Website and for safekeeping their access codes.
5.3. JAVIER ESPILA has adopted reasonable security measures for the Website but he assumes no liability for any security errors that may occur or for any damage that may be caused to the User’s computer system (hardware and software), files or documents stored therein, as a result of the presence of viruses in the computers used by the User to connect to the Content of the Website, browser malfunctions, or the use of outdated browser versions. JAVIER ESPILA does not guarantee the absence of errors when accessing this Website, its Content, or updates to these, although he will do his best to avoid, remedy, and update them.
5.4. JAVIER ESPILA is not liable for damages and/or losses of any nature that may be suffered by the User or third parties arising from:
(i) the unavailability, lack of maintenance, or ineffective functioning of the Website or its Content;
(ii) the lack of usefulness, truthfulness, suitability, or validity of the Website or its Content in meeting the User’s needs or expectations;
(iii) third parties who breach the security measures in place and use the Website or its Content to transmit viruses or carry out unauthorised processing of stored data; or
(iv) any use of the Website and/or its Content by the User or third parties that infringe the terms and conditions of access and use set out in this document.
6. Confidentiality and destruction of documents
Professional secrecy.
Members of the JAVIER ESPILA team that are involved in any way in the provision of services to clients undertake not to disclose or make use of any information to which they have access as a result of their position. The information provided by clients will always be considered confidential and may not be used for purposes other than those related to the services contracted from JAVIER ESPILA. JAVIER ESPILA undertakes not to disclose information provided by the client or concerning the relationship between them, etc.
7. Reporting of irregularities
To report irregularities relating to compliance with this Legal Notice or any applicable regulations, please write to the following email address: javiespila@gmail.com
8. Regulation and resolution of conflicts
All aspects of the Terms and Conditions of use of this Website are governed by Spanish law. This Legal Notice was originally drafted and shall be interpreted in Spanish. This Legal Notice will not be filed individually for each User, but will continue to be published on the internet through this website.
Provided that the User does not have the legal status of consumer or user, and in the absence of legislation to the contrary, the parties agree to submit to the jurisdiction of the Courts and Tribunals of Málaga (Spain), as the place where the contract was concluded, expressly waiving any other jurisdiction that might correspond to them.
9. Governing law and jurisdiction
These Legal Conditions are governed by Spanish law. JAVIER ESPILA and the User accept that Spanish law will be applied to resolve any disputes or conflicts that may arise in relation to this Website or the activities carried out on it, expressly waiving any other jurisdiction.