LEGAL NOTICE AND GENERAL TERMS AND CONDITIONS

1. SCOPE OF APPLICATION.

The purpose of this document is to establish and regulate the rules for the use of the website artslibri.com (hereinafter, the “Website”), with the Website understood as all pages and their content owned by Snappybook Publishing S.L. (hereinafter, “SB Publishing S.L.”) which are accessed through the domain artslibri.com and its subdomains, as well as the General Terms and Conditions for sales from our online shop.   Using this Website confers the status of User of the website and implies full acceptance of all the terms and conditions contained in this Legal Notice. The User undertakes to carefully read this Legal Notice every time they intend to use the Website, as it, as well as the terms and conditions of use contained in this Legal Notice, are subject to change.   Using our online shop, whether as a visitor or registered member, confers the status of consumer or user, and acceptance of the General Terms and Conditions.   The User undertakes to carefully read this Legal Notice and General Terms and Conditions every time they intend to use the Website, as they are subject to change. All notices can be reviewed by the User at any time through our website.   The User may download these terms and conditions here. If they want us to send these to them in another format, they can tell us to do so in the “Remarks” section when processing their order.   Following all the steps set out to acquire a product through our online shop, as well as ordering, will be understood to imply the full and unreserved acceptance by the User of each and every one of the General Terms and Conditions published on the website.   These terms and conditions shall be applicable from the start of the online purchase procedure for the product until receipt of the shipment, as well as the end of the cooling-off period and legally binding guarantees, as the case may be.

2. OWNERSHIP OF THE WEBSITE.

The owner of this website is SB Publishing S.L. whose registered office is at Pol. Industrial Las Cumbres. C/ Torriceli, 4–6. 06400 – Don Benito (Badajoz), with CIF (Tax ID Code): B06125710, Companies Register of BADAJOZ V 523 , F 206, S 8, S BA 213. You can contact us using the following telephone numbers or e-mail address: Tel: 902116841, e-mail: [email protected] We have a 902 premium-rate telephone number, which we use to provide customer service. Users will only be charged if they call us and once they hang up, the call will end, and they will no longer be charged. This telephone applies Movistar’s rates: From a landline: Call set-up fee €0.1029 / Per minute charge €0.0741 From a mobile: Call set-up fee €0.3879 / Per minute charge €0.3882 Rates updated on 1 March 2014.

3. INTELLECTUAL AND INDUSTRIAL PROPERTY.

This website’s intellectual property rights are owned by SB Publishing S.L., or by the third parties authorised by them when necessary.   Any unauthorised reproduction, distribution, commercialisation or transformation, whether in whole or in part, of the Website content constitutes an infringement of the intellectual property rights of SB Publishing S.L. Likewise, all distinctive marks or signs of any kind contained on the Website are protected by law.   Any unauthorised use of information contained on this Website, as well as any damage caused to the intellectual and industrial property rights of SB Publishing S.L. may give rise to the instigation of the pertinent legal actions and, if appropriate, to the liabilities arising from such instigation.   In the event that the products from our online shop are subject to intellectual property protection, SB Publishing S.L. warrant that they are authorised to manage the acquisition and collection for the product from the consumer.

4. EXEMPTION FROM LIABILITY.

The content, programs, information and/or advice provided on this Website should be understood to be for guidance purposes only. SB Publishing S.L. cannot guarantee their effectiveness or accuracy, and accept no contractual or extra-contractual liability whatsoever to the Users that make use of them, as it is up to the Users to decide whether they are suitable or not.   Content provided by third parties or companies may be published on this Website. SB Publishing S.L. cannot guarantee their truthfulness or accuracy, and accept no contractual or extra-contractual liability whatsoever to the Users that make use of them.   SB Publishing S.L. reserve the right to modify the Website’s content without prior notice and without any kind of limitation.   Likewise, they accept no liability whatsoever for any possible damage that may arise from the lack of availability and/or continuous operation of this Website and the services offered on it. SB Publishing S.L. do not guarantee the absence of viruses or other elements on the Website that may cause disruptions to the Users’ computer systems. SB Publishing S.L. accept no contractual or extra-contractual liability whatsoever to the Users that make use of them and suffer damage of any nature caused by computer viruses or computer elements of any kind.   SB Publishing S.L. accept no liability for the services that may be provided on the Website by third parties.   SB Publishing S.L. accept no liability for the services and/or information provided on other Websites linked to this one. SB Publishing S.L. do not control or exercise any type of supervision over third-party Websites. We advise Users of such websites to act prudently and to read the legal terms and conditions found on such websites.   Users that send any type of information to SB Publishing S.L. should undertake to ensure that it is truthful and that it does not infringe upon any rights of third parties or the law in force.

5. TERMS AND CONDITIONS OF USE FOR USERS.

Accessing the Website is free, except as regards the cost of the connection through a telecommunications network provided by an access provider engaged by the User.   It is strictly forbidden to use the Website for purposes which are injurious to the property or interests of SB Publishing S.L. or third parties, or which overload, damage or disable the networks, servers and other computer equipment (hardware) or computer products and applications (software) of SB Publishing S.L. or third parties in any other way.   In the event that the User becomes aware that the linked Websites redirect to pages whose content or services are illegal, harmful, demeaning, violent or immoral, we would appreciate it if they could contact SB Publishing S.L.

6.- COOKIES.

Cookies are used to improve website performance. Art. 4 of Royal Decree-Law 13/2012 of 30 March, which amended Law 34/2002 of 11 July on Information Society Services and Electronic Commerce, establishes the requirement of obtaining informed consent before information is stored or accessed on the User’s terminal in certain cases.   If we use other cookies than those strictly necessary, they may consult the Cookies Policy using the relevant link from the website homepage.

7. SERVICES AND PRODUCTS.

SB Publishing S.L., as the owner of the artslibri brand, offer personal publishing services, as well as tools for the processing, printing and creation of different products from images, which in turn allow Users to create, design, layout and print press-quality photo books, as well as different products customised with images or texts (hereinafter, “Products and Services”) through this Website.   SB Publishing S.L., through this Website, also offer Users the possibility of signing up as a member of the artslibri community. SB Publishing S.L. reserve the right to refuse and/or remove any User without prior notice and without any justification or compensation of any kind.

8. ADDITIONAL TERMS AND CONDITIONS.

To order or receive Products, it may be necessary to download software or content that comes with its own additional terms and conditions. Unless stated otherwise, such additional terms and conditions are included in this Agreement. In the event of any conflict between the terms and conditions of this Agreement and the specific terms and conditions of the Products and/or Services or content in a specific area of the Website, the former shall prevail with respect to the use of the Product or Service or that specific area of the Website.

9. REPRESENTATIVENESS.

Upon using the Products and/or Services, you warrant that: (a) all information provided when asked to enter information upon signing up is truthful and accurate; (b) you will keep such information up-to-date at all times; (c) that you are fourteen (14) years of age and over, and (d) using the Products and/or Services does not violate any applicable law or regulation. SB Publishing S.L. reserve the right to remove any User that breaches the terms and conditions of this Agreement without prior notice.

10.TERMS AND CONDITIONS OF SALE.

12.1 Price: All prices shown on the Website include the applicable taxes. Shipping fees for shipments to Mainland Spain and the Balearic Islands are shown as an additional cost. Shipping fees to the Canary Islands, Ceuta, Melilla and areas outside the European Union Customs Union do not include import costs (duties), which will be paid at the destination by the recipient of the goods. The applicable prices shall be those shown on the Website at any time. SB Publishing S.L. may modify them at any time without prior notice. The User using the Products and/or Services shall be responsible for payment, following the instructions set out in this Agreement. 12.2 Payment method: To request Products and/or Services, you must be at least fourteen (14) years of age. SB Publishing S.L. currently only accept payments using valid credit cards (Visa, MasterCard, American Express or any other issuer accepted by us) and/or bank transfers to the account shown in the different media providing information on the payment methods (website, e-mail), although this policy may change in the future. If payment is made using a credit card, the card will be charged using the bank POS system engaged by SB Publishing S.L. All commercial transactions are carried out in a secure server environment using SSL (Secure Sockets Layer) protocol, ensuring the security and privacy of your data. Upon providing SB Publishing S.L. your credit card number and the billing details, you are authorising SB Publishing S.L. to immediately debit your account with all the fees due and payable as a result of your purchase. You undertake to immediately notify SB Publishing S.L. of any change in your billing address or the credit card used for payment. SB Publishing S.L. reserve the right to modify the prices and payment methods for the Products and/or Services at any time. 12.3 Charges and commissions: Unless stated otherwise, all prices shown on the Website include the applicable taxes. 12.4 Disputes: For any additional information on your order or billing, you may contact Customer Service by sending an e-mail to [email protected] 12.5 Acceptance of orders. Once the order has been placed, SB Publishing S.L. will send you a confirmation e-mail. Nevertheless, such message does not mean that your order has been accepted. Your order will only be considered as accepted by SB Publishing S.L. after payment has been made and the Products and/or Services ordered have been delivered. SB Publishing S.L. may ask you for additional information prior to accepting your order, in order to successfully process it. 12.6 Returns. You can consult our return and cancellation policy at any time. 12.7 Risk of loss. All sales of our Products and/or Services are made at the origin, for which SB Publishing S.L. fulfil their delivery obligation once they leave the goods at the designated point. The risk of loss of the Products and/or Services will be borne by the User when SB Publishing S.L. send the shipment through a courier company.

11. PASSWORD POLICY.

Upon registering as a libellous of our Products and/or Services, you should provide your personal data and choose a username and password. SB Publishing S.L. offer their users the highest level of security and confidentiality for the data provided (you can consult our Privacy Policy – Personal data privacy and protection). Nevertheless, you are responsible for keeping your password confidential. You undertake not to use the account, username or password of another User of SB Publishing S.L. You undertake to immediately notify SB Publishing S.L. of any suspected unauthorised use of your account or access to your password.

12. INTELLECTUAL AND INDUSTRIAL PROPERTY.

14.1 Licence to print and reproduce. You hereby grant SB Publishing S.L. a non-exclusive, worldwide, royalty-free licence to reproduce and distribute the content of your photo books and images for the purpose of printing the customised Services and/or Products you request. Likewise, SB Publishing S.L. may freely reproduce and distribute the content of the forums, opinions and blogs on the Website or that they have shared with other users through the Services provided on the Website. 14.2 Website Content. The intellectual property rights of this Website are owned by SB Publishing S.L. Any unauthorised reproduction, distribution, commercialisation or transformation, whether in whole or in part, of the Website content constitutes an infringement of the intellectual property rights attributed to SB Publishing S.L. Any unauthorised use of information contained on this Website, as well as any damage caused to the intellectual and industrial property rights of SB Publishing S.L. may give rise to the instigation of the pertinent legal actions and, if appropriate, to the liabilities arising from such instigation. SB Publishing S.L. grant you a limited, revocable licence, without the ability to sub-licence, to reproduce and display the content of artslibri (excluding any software code) solely for your personal use in relation to viewing the website and using the Services and/or Products. 14.3 Non-commercial use. The Services and/or Products offered by SB Publishing S.L. are solely for the Users’ personal use and may not be used for commercial purposes, except for those expressly authorised by the Management of SB Publishing S.L. or those specifically designated for commercial use. 14.4 Copyright / Trademark Information. Copyright © 2005–2015, artslibri. All rights reserved. All distinctive marks or signs of any kind contained on the Website are owned by SB Publishing S.L. and protected by law.

13. EXEMPTION FROM LIABILITY.

The content, programs, information and/or advice provided on this Website should be understood to be for guidance purposes only. SB Publishing S.L. cannot guarantee their effectiveness or accuracy, and accept no contractual or extra-contractual liability whatsoever to the Users that make use of them, as it is up to the Users to decide whether they are suitable or not.   Content provided by third parties or companies may be published on this Website. SB Publishing S.L. cannot guarantee their truthfulness or accuracy, and accept no contractual or extra-contractual liability whatsoever to the Users that make use of them. SB Publishing S.L. reserve the right to modify the Website’s content without prior notice and without any kind of limitation. SB Publishing S.L. accept no liability for any loss and damage that may arise from the lack of availability and/or continuous operation of this Website and the Services and/or Products offered on it. SB Publishing S.L. do not guarantee the absence of viruses or other elements on the Website that may cause disruptions to the Users’ computer systems. SB Publishing S.L. accept no contractual or extra-contractual liability whatsoever to the Users that make use of them and suffer damage of any nature caused by computer viruses or computer elements of any kind. SB Publishing S.L. accept no liability for the services that may be provided on the Website by third parties. SB Publishing S.L. accept no liability for the services and/or information provided on other Websites linked to this one. SB Publishing S.L. do not control or exercise any type of supervision over third-party Websites. We advise Users of such websites to act prudently and to read the legal terms and conditions found on such websites. Users that send any type of information to SB Publishing S.L. should undertake to ensure that it is truthful and that it does not infringe upon any rights of third parties or the law in force.

14. PROHIBITIONS.

You undertake not to reproduce content considered to be Prohibited in the Services and/or Products ordered from SB Publishing S.L. Prohibited content includes, but is not limited to: (i) content that is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, (ii) acts of bullying, harassment, stalking, intimidation, (iii) content that involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spam”, (iv) content that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, libellous or defamatory, (v) content that promotes, reproduces, distributes or makes an illegal or unauthorised copy of another person’s copyrighted work or trade secrets, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; (vi) content that involves the sexual exploitation of persons under the age of 18, or that solicits personal information from anyone under the age of 18; (vii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating harmful computer viruses and codes (viii) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (ix) except as expressly approved by SB Publishing S.L. on the Website, involves commercial activities and/or sales such as contests, sweepstakes, barter, advertising, or pyramid schemes; (x) contains viruses, Trojan horses, worms, time bombs, corrupted files, or similar software; (xi) content that violates any applicable law; or (xii) that contradicts the provisions of this Agreement or that creates liability for SB Publishing S.L.

15. UNDUE DISRUPTION OF SERVICES.

The User undertakes not to: (i) cover or hide the advertising banners that may be placed on the Website through HTML/CSS, scripting, or by any other means, as the case may be, (ii) interfere, alter, or create an undue burden on the services or communication networks, or (iii) introduce automated software that creates multiple accounts, generates automatic messages, or performs data mining from the Services and/or Products on the Website. It is strictly forbidden to use the Website for purposes which are injurious to the property or interests of SB Publishing S.L. or third parties, or which overload, damage or disable the networks, servers and other computer equipment or computer products and applications of SB Publishing S.L. or third parties in any other way.

16. IMPERSONATION.

The User undertakes not to impersonate any other user or person, including the employees of SB Publishing S.L. The User shall use the Services in a manner compatible with the law.

17. MONITORING AND CONTROL BY SB PUBLISHING S.L.

SB Publishing S.L. reserve the right (but has no obligation) to review and, if necessary, delete the content of the Products and/or Services that, in their opinion, contradicts this Agreement, is forbidden by current legislation, violates the rights, damages or endangers the safety of any User or any other person, or may entail any liability for SB Publishing S.L., their suppliers, service providers, associated companies, or any User. SB Publishing S.L. reserve the right (but has no obligation) to investigate and, if necessary, take the actions they deem appropriate against Users that violate this Agreement, including, but not limited to removing prohibited content from the Products and/or Services, terminating your status as a User, reporting to law enforcement authorities, and taking legal action against you.

18. RESPECT FOR COPYRIGHTS.

SB Publishing S.L. respect copyrights, which is why they will terminate the status of User for the persons that infringe upon such rights. If you believe that your work has been copied and published in the Products and/or Services offered on this Website in such a way that constitutes an infringement of your copyright, we kindly ask you to provide us with the following information: (i) a description of the copyrighted work that you claim has been infringed, (ii) a description of the location in the Service and/or Product of the material that is considered to be infringing, (iii) your address, telephone number and e-mail address; (v) a written statement by you that the use of such material has not been authorised by the copyright holder or their representative. The contact address of SB Publishing S.L. for the notification of claims of copyright infringement is as follows: C/Torricelli 4–6. 06400 – Don Benito (Badajoz).

19. THIRD PARTIES AND OTHER USERS.

In the event that the Services and/or Products ordered include images or other personal data of third parties, the User undertakes to inform such persons of the points contained in this Agreement prior to their inclusion. SB Publishing S.L. shall be exempt from all liability for any failure to comply with this requirement.

20. THIRD-PARTY LINKS.

SB Publishing S.L. accept no liability for the services and/or information provided on other Websites linked to this one. SB Publishing S.L. do not control or exercise any type of supervision over third-party Websites. We advise Users of such websites to act prudently and to read the legal terms and conditions found on such websites.

21. WARRANTY:

23.1 SB Publishing S.L. will provide their customers with the legally required warranties for their Products and/or Services, and will therefore redo the order in the event of any defect in the quality of the copy or finish. Nevertheless, as these are customised Products and/or Services, SB Publishing S.L. cannot accept returns due to satisfaction reasons or related to the quality of the original photograph. You can consult our return policy at any time.   23.2 Warranty exclusions. SB Publishing S.L. do not create proofs or proofread the content of the Products and/or Services you order, which is why the warranty does not include the obligation of SB Publishing S.L. to correct:

  1. a) Fonts, grammatical errors, unfinished texts or other errors in the text.
  2. b) Low-resolution images that may appear blurred in print. The program will warn the User of images that do not meet the minimum resolution requirements, and it is up to the User to include them in the Product or Service or not. Therefore, SB Publishing S.L. will not accept returns of Products or Services due to low resolution or definition of the images.
  3. c) Issues related to the design itself, such as photo book format, organisation, style, colour and arrangement of elements on the pages and covers.
  4. d) Photo books designed using word processors or programs other than artslibri may not exactly comply with the measurements required for their production and subsequent manufacture. SB Publishing S.L. will not accept returns of photo books edited or paginated using other programs and added to artslibri by means of any process.
  5. e) The appearance of the photo book on the screen is approximate and there may be a difference of several millimetres once the photo book has been made. A difference of up to 5mm between the appearance on the screen and the final result is not considered a manufacturing error.
  6. f) Any other creative option that may be made using artslibri.
  7. g) Defects attributable to transport (damage and blows visible to the naked eye) must be reported within 24 hours (1 business day) of receipt. SB Publishing S.L. shall not be held responsible or liable for any incorrect or inaccurate content (including any profile information) published on the Services and/or Products, whether caused by Users or the software installation. SB Publishing S.L. cannot accept any liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorised access to or alteration of any User or User communication. SB Publishing S.L. shall not be held responsible or liable for technical problems or the malfunction of any hardware and software due to technical problems on the Internet or on the Website or combination thereof, including any injury or damage to Users or any other person. Under no circumstances will SB Publishing S.L. be liable for any loss or damage arising from using the Services and/or Products, or any content published on the Website and transmitted to users, whether online or offline.

22. FORUMS, BLOGS, COMMENTS AND USER OPINIONS.

The opinions expressed in the discussion forums and/or comments and opinions are made by persons unrelated to SB Publishing S.L. under their sole and exclusive responsibility. The participants in the forums undertake to use them in accordance with the law, the General Terms and Conditions set out in this Agreement, as well as generally accepted standards of decency and morality. The participants in the forums are obliged to compensate SB Publishing S.L. for any loss or damage that may be caused by their use, in violation of these General Terms and Conditions and/or current legislation. SB Publishing S.L. cannot guarantee the truthfulness and accuracy of the opinions shared in the forums, and accept no contractual or extra-contractual liability whatsoever to the person or company that makes use of them. Sending any content or opinion that violates current legislation and/or the legitimate rights of other persons is forbidden. SB Publishing S.L. reserve the right to adopt the legal measures that they deem necessary. SB Publishing S.L. reserve the right to refuse and/or remove any opinion and/or User without prior notice and without any justification or compensation of any kind. SB Publishing S.L. reserve the right to modify the text of the opinions expressed to adapt them to the characteristics of each specific forum. SB Publishing S.L. reserve the right to assign the opinion to a section and/or subsection they deem appropriate. The User grants SB Publishing S.L. their consent to reproduce, distribute and/or publicly display the content of the forums, blogs or opinions posted on the Website, by any means and around the world. If you believe that any content and/or information on this Website infringes upon a legitimate right or the law, we would appreciate it if you could contact SB Publishing S.L. so we can take the appropriate measures.

23. INFORMATION AND MODIFICATION.

SB Publishing S.L. warrant that they have these General Terms and Conditions on display and available for perusal by all possible interested parties, on a date prior to their purchase of the Products, thereby complying with the prior information period. The User may consult these General Terms and Conditions at any time through our Website.   The validity of these terms and conditions coincides with the period they are on display, until such time when the terms and conditions stipulated herein are unilaterally modified in whole or in part. The User is obliged to consult our General Terms and Conditions each time they access our online shop.   If any clause were to be declared null and void, it shall be deemed severable without invalidating the remaining provisions hereof.

24. ASSIGNMENT AND SUBROGATION.

SB Publishing S.L. may engage service providers, and collaborate or assign the contracts entered into with third parties, to supply all or part of the products which they commit themselves to by virtue of the different transactions that are entered into.

25. RECOMMENDATIONS FOR OPTIMAL VIEWING.

Any computer with an Internet connection, Internet Explorer 7.0 or later, Safari 4, Firefox 3.5.7 and a minimum resolution of 1024 x 768. To view albums, a minimum of 1GB of RAM and a processor higher than 2GHz is required, as well as having the latest version of ®Adobe Flash Player installed.

26. SEVERABILITY.

In the event that any of the clauses of this Agreement may be incompatible with the laws and regulations in force, you undertake to uphold its spirit, without affecting the remaining clauses hereof.

27. APPLICABLE LAW AND JURISDICTION AND VALIDITY.

SB Publishing S.L. hereby inform you that this Legal Notice and the General Terms and Conditions are governed by Spanish legislation for each and every one of their points. This contract has been drafted in Spanish. As consumers enjoy legal protection, they may claim or sue from the jurisdiction of their domicile. Both parties submit themselves to the jurisdiction of the Courts and Tribunals of Don Benito (Spain), expressly waiving any other jurisdiction to which they may be entitled, in the following cases: When the purchaser is domiciled outside the European Union and there is no bilateral or multilateral agreement with Spain that precludes the possibility of establishing the express submission to jurisdiction; if it is a purchase or sale made by a company acting within the framework of its business or professional activity.

28. NOTIFICATIONS.

Notifications must be sent using any reliable means to the following address: SB Publishing S.L.; Pol. Industrial Las Cumbres. C/ Torriceli, 4–6. 06400 – Don Benito (Badajoz).

29. DISCHARGE AND TERMINATION.

This contract shall be discharged when both parties have fulfilled the obligations which they have committed themselves to or when it is terminated by either of them if any of the grounds for termination occur, or if the counterpart commits a serious breach of any of the obligations established in the contract.

2. OWNERSHIP OF THE WEBSITE.

 

The owner of this website is SB Publishing S.L. whose registered office is at Pol. Industrial Las Cumbres. C/ Torriceli, 4–6. 06400 – Don Benito (Badajoz), with CIF (Tax ID Code): B06125710, Companies Register of BADAJOZ V 523 , F 206, S 8, S BA 213. You can contact us using the following telephone numbers or e-mail address: Tel: 902116841, e-mail: [email protected] We have a 902 premium-rate telephone number, which we use to provide customer service. Users will only be charged if they call us and once they hang up, the call will end, and they will no longer be charged. This telephone applies Movistar’s rates: From a landline: Call set-up fee €0.1029 / Per minute charge €0.0741 From a mobile: Call set-up fee €0.3879 / Per minute charge €0.3882 Rates updated on 1 March 2014.

3. INTELLECTUAL AND INDUSTRIAL PROPERTY.

 

This website’s intellectual property rights are owned by SB Publishing S.L., or by the third parties authorised by them when necessary.   Any unauthorised reproduction, distribution, commercialisation or transformation, whether in whole or in part, of the Website content constitutes an infringement of the intellectual property rights of SB Publishing S.L. Likewise, all distinctive marks or signs of any kind contained on the Website are protected by law.   Any unauthorised use of information contained on this Website, as well as any damage caused to the intellectual and industrial property rights of SB Publishing S.L. may give rise to the instigation of the pertinent legal actions and, if appropriate, to the liabilities arising from such instigation.   In the event that the products from our online shop are subject to intellectual property protection, SB Publishing S.L. warrant that they are authorised to manage the acquisition and collection for the product from the consumer.

4. EXEMPTION FROM LIABILITY.

 

The content, programs, information and/or advice provided on this Website should be understood to be for guidance purposes only. SB Publishing S.L. cannot guarantee their effectiveness or accuracy, and accept no contractual or extra-contractual liability whatsoever to the Users that make use of them, as it is up to the Users to decide whether they are suitable or not.   Content provided by third parties or companies may be published on this Website. SB Publishing S.L. cannot guarantee their truthfulness or accuracy, and accept no contractual or extra-contractual liability whatsoever to the Users that make use of them.   SB Publishing S.L. reserve the right to modify the Website’s content without prior notice and without any kind of limitation.   Likewise, they accept no liability whatsoever for any possible damage that may arise from the lack of availability and/or continuous operation of this Website and the services offered on it. SB Publishing S.L. do not guarantee the absence of viruses or other elements on the Website that may cause disruptions to the Users’ computer systems. SB Publishing S.L. accept no contractual or extra-contractual liability whatsoever to the Users that make use of them and suffer damage of any nature caused by computer viruses or computer elements of any kind.   SB Publishing S.L. accept no liability for the services that may be provided on the Website by third parties.   SB Publishing S.L. accept no liability for the services and/or information provided on other Websites linked to this one. SB Publishing S.L. do not control or exercise any type of supervision over third-party Websites. We advise Users of such websites to act prudently and to read the legal terms and conditions found on such websites.   Users that send any type of information to SB Publishing S.L. should undertake to ensure that it is truthful and that it does not infringe upon any rights of third parties or the law in force.

5. TERMS AND CONDITIONS OF USE FOR USERS.

 

Accessing the Website is free, except as regards the cost of the connection through a telecommunications network provided by an access provider engaged by the User.   It is strictly forbidden to use the Website for purposes which are injurious to the property or interests of SB Publishing S.L. or third parties, or which overload, damage or disable the networks, servers and other computer equipment (hardware) or computer products and applications (software) of SB Publishing S.L. or third parties in any other way.   In the event that the User becomes aware that the linked Websites redirect to pages whose content or services are illegal, harmful, demeaning, violent or immoral, we would appreciate it if they could contact SB Publishing S.L.

6. PERSONAL DATA PROTECTION POLICY.

 

In accordance with Organic Law 15/1999 of 13 December on Personal Data Protection, SB Publishing S.L. hereby inform the Users of the Website artslibri.com that the data provided through our Website using the relevant forms and e-mail received, which are considered as personal data, will be included in our files for the purpose of managing the service requested, responding to their request and/or processing their request.   These files are registered with the Spanish Data Protection Agency in accordance with current legislation and its implementing regulations.   Users guarantee and are responsible, in any case, for the truthfulness, accuracy, currency, authenticity, relevance and non-excessiveness of personal data; and they undertake to keep them duly up to date.   In cases where it is necessary to fill in a form and click on the “submit” button to make a request, completing and submitting the form will necessarily imply that you have been informed and have expressly given your consent to the content of the clause attached to the form or acceptance of the Privacy Policy.   6.1. Data provided by third parties: In the event that personal data are included by persons who are not the owners of such data in the request, the User must inform such persons of the points contained in the preceding paragraphs prior to their inclusion. SB Publishing S.L. shall be exempt from all liability for any failure to comply with this requirement.   6.2. Data of minors: Providing the data of minors under fourteen years of age through this Website is not allowed. SB Publishing S.L. shall be exempt from all liability for any failure to comply with this requirement.   6.3. Commercial communications by electronic means: The communications sent by e-mail or any other electronic means will be those strictly necessary to manage your request or that deal with Products or Services similar to those acquired or engaged.   All commercial communications not covered in the previous paragraph must be expressly authorised by the recipients, in accordance with current legislation.   6.4. Security measures: The data controller has adopted the legally required levels of security for the protection of personal data, and has installed all the technical means and measures available according to the state of the art to avoid the loss, misuse, alteration, unauthorised access and theft of the personal data provided.   6.5. Duty of secrecy: Everyone that processes the data on behalf of the User has the duty of confidentiality and the duty of secrecy to them. 6.6. Data subject rights: The User may exercise their rights of access, rectification, erasure and objection to the processing of personal data in accordance with the provisions of the Organic Law on the Protection of Personal Data (O.L. 15/1999) and R.D. 1720/2007 by sending a letter and attaching a copy of their national identity card (DNI) or passport to the following address: Pol. Industrial Las Cumbres. C/ Torriceli, 4–6. 06400 – Don Benito (Badajoz).

7. COOKIES.

 

Cookies are used to improve website performance. Art. 4 of Royal Decree-Law 13/2012 of 30 March, which amended Law 34/2002 of 11 July on Information Society Services and Electronic Commerce, establishes the requirement of obtaining informed consent before information is stored or accessed on the User’s terminal in certain cases.   If we use other cookies than those strictly necessary, they may consult the Cookies Policy using the relevant link from the website homepage.

8. SOCIAL MEDIA.

 

By becoming a fan, follower or similar of our company within the scope of the different social media sites, you must take into account that SB Publishing S.L. can only consult or cancel your data in a restricted manner when you have a specific profile within the context of this processing. Any rectification of your data or restriction of information or publications must be done through your profile or user settings on the social media site itself. By default, you consent to:

  1. a) The processing of your personal data within the environment of said social media site and in accordance with their Privacy Policies:

Facebook http://www.facebook.com/policy.php?ref=pf Twitter http://twitter.com/privacy Linkedin http://www.linkedin.com/legal/privacy-policy?trk=hb_ft_priv Pinterest https://about.pinterest.com/es/privacy-policy Instagram https://instagram.com/about/legal/privacy/ Google* http://www.google.com/intl/es/policies/privacy/ *(Google+ and YouTube)

  1. b) Access by SB Publishing S.L. to the data contained on your profile or biography, depending on the privacy settings you have for each social media site; these will be more or less extensive.
  1. c) Have news published about our events or our comments appear on your wall or biography.
  1. d) Receive communications about our products/events.

If you wish to stop following us, you only have to click on the option “Stop being a fan” or “Stop following”. You may exercise your rights of access, rectification, erasure and objection at any time, by sending a letter to the address above or an e-mail to [email protected]

9. SERVICES AND PRODUCTS.

 

SB Publishing S.L., as the owner of the artslibri brand, offer personal publishing services, as well as tools for the processing, printing and creation of different products from images, which in turn allow Users to create, design, layout and print press-quality photo books, as well as different products customised with images or texts (hereinafter, “Products and Services”) through this Website.   SB Publishing S.L., through this Website, also offer Users the possibility of signing up as a member of the artslibri community. SB Publishing S.L. reserve the right to refuse and/or remove any User without prior notice and without any justification or compensation of any kind.

10. ADDITIONAL TERMS AND CONDITIONS.

 

To order or receive Products, it may be necessary to download software or content that comes with its own additional terms and conditions. Unless stated otherwise, such additional terms and conditions are included in this Agreement. In the event of any conflict between the terms and conditions of this Agreement and the specific terms and conditions of the Products and/or Services or content in a specific area of the Website, the former shall prevail with respect to the use of the Product or Service or that specific area of the Website.

11. REPRESENTATIVENESS.

 

Upon using the Products and/or Services, you warrant that: (a) all information provided when asked to enter information upon signing up is truthful and accurate; (b) you will keep such information up-to-date at all times; (c) that you are fourteen (14) years of age and over, and (d) using the Products and/or Services does not violate any applicable law or regulation. SB Publishing S.L. reserve the right to remove any User that breaches the terms and conditions of this Agreement without prior notice.

12. TERMS AND CONDITIONS OF SALE.

 

12.1 Price: All prices shown on the Website include the applicable taxes. Shipping fees for shipments to Mainland Spain and the Balearic Islands are shown as an additional cost. Shipping fees to the Canary Islands, Ceuta, Melilla and areas outside the European Union Customs Union do not include import costs (duties), which will be paid at the destination by the recipient of the goods. The applicable prices shall be those shown on the Website at any time. SB Publishing S.L. may modify them at any time without prior notice. The User using the Products and/or Services shall be responsible for payment, following the instructions set out in this Agreement. 12.2 Payment method: To request Products and/or Services, you must be at least fourteen (14) years of age. SB Publishing S.L. currently only accept payments using valid credit cards (Visa, MasterCard, American Express or any other issuer accepted by us) and/or bank transfers to the account shown in the different media providing information on the payment methods (website, e-mail), although this policy may change in the future. If payment is made using a credit card, the card will be charged using the bank POS system engaged by SB Publishing S.L. All commercial transactions are carried out in a secure server environment using SSL (Secure Sockets Layer) protocol, ensuring the security and privacy of your data. Upon providing SB Publishing S.L. your credit card number and the billing details, you are authorising SB Publishing S.L. to immediately debit your account with all the fees due and payable as a result of your purchase. You undertake to immediately notify SB Publishing S.L. of any change in your billing address or the credit card used for payment. SB Publishing S.L. reserve the right to modify the prices and payment methods for the Products and/or Services at any time. 12.3 Charges and commissions: Unless stated otherwise, all prices shown on the Website include the applicable taxes. 12.4 Disputes: For any additional information on your order or billing, you may contact Customer Service by sending an e-mail to [email protected] 12.5 Acceptance of orders. Once the order has been placed, SB Publishing S.L. will send you a confirmation e-mail. Nevertheless, such message does not mean that your order has been accepted. Your order will only be considered as accepted by SB Publishing S.L. after payment has been made and the Products and/or Services ordered have been delivered. SB Publishing S.L. may ask you for additional information prior to accepting your order, in order to successfully process it. 12.6 Returns. You can consult our return and cancellation policy at any time. 12.7 Risk of loss. All sales of our Products and/or Services are made at the origin, for which SB Publishing S.L. fulfil their delivery obligation once they leave the goods at the designated point. The risk of loss of the Products and/or Services will be borne by the User when SB Publishing S.L. send the shipment through a courier company.

13. PASSWORD POLICY.

 

Upon registering as a libellous of our Products and/or Services, you should provide your personal data and choose a username and password. SB Publishing S.L. offer their users the highest level of security and confidentiality for the data provided (you can consult our Privacy Policy – Personal data privacy and protection). Nevertheless, you are responsible for keeping your password confidential. You undertake not to use the account, username or password of another User of SB Publishing S.L. You undertake to immediately notify SB Publishing S.L. of any suspected unauthorised use of your account or access to your password.

14. INTELLECTUAL AND INDUSTRIAL PROPERTY.

 

14.1 Licence to print and reproduce. You hereby grant SB Publishing S.L. a non-exclusive, worldwide, royalty-free licence to reproduce and distribute the content of your photo books and images for the purpose of printing the customised Services and/or Products you request. Likewise, SB Publishing S.L. may freely reproduce and distribute the content of the forums, opinions and blogs on the Website or that they have shared with other users through the Services provided on the Website. 14.2 Website Content. The intellectual property rights of this Website are owned by SB Publishing S.L. Any unauthorised reproduction, distribution, commercialisation or transformation, whether in whole or in part, of the Website content constitutes an infringement of the intellectual property rights attributed to SB Publishing S.L. Any unauthorised use of information contained on this Website, as well as any damage caused to the intellectual and industrial property rights of SB Publishing S.L. may give rise to the instigation of the pertinent legal actions and, if appropriate, to the liabilities arising from such instigation. SB Publishing S.L. grant you a limited, revocable licence, without the ability to sub-licence, to reproduce and display the content of artslibri (excluding any software code) solely for your personal use in relation to viewing the website and using the Services and/or Products. 14.3 Non-commercial use. The Services and/or Products offered by SB Publishing S.L. are solely for the Users’ personal use and may not be used for commercial purposes, except for those expressly authorised by the Management of SB Publishing S.L. or those specifically designated for commercial use. 14.4 Copyright / Trademark Information. Copyright © 2005–2015, artslibri. All rights reserved. All distinctive marks or signs of any kind contained on the Website are owned by SB Publishing S.L. and protected by law.

15. EXEMPTION FROM LIABILITY.

 

The content, programs, information and/or advice provided on this Website should be understood to be for guidance purposes only. SB Publishing S.L. cannot guarantee their effectiveness or accuracy, and accept no contractual or extra-contractual liability whatsoever to the Users that make use of them, as it is up to the Users to decide whether they are suitable or not.   Content provided by third parties or companies may be published on this Website. SB Publishing S.L. cannot guarantee their truthfulness or accuracy, and accept no contractual or extra-contractual liability whatsoever to the Users that make use of them. SB Publishing S.L. reserve the right to modify the Website’s content without prior notice and without any kind of limitation. SB Publishing S.L. accept no liability for any loss and damage that may arise from the lack of availability and/or continuous operation of this Website and the Services and/or Products offered on it. SB Publishing S.L. do not guarantee the absence of viruses or other elements on the Website that may cause disruptions to the Users’ computer systems. SB Publishing S.L. accept no contractual or extra-contractual liability whatsoever to the Users that make use of them and suffer damage of any nature caused by computer viruses or computer elements of any kind. SB Publishing S.L. accept no liability for the services that may be provided on the Website by third parties. SB Publishing S.L. accept no liability for the services and/or information provided on other Websites linked to this one. SB Publishing S.L. do not control or exercise any type of supervision over third-party Websites. We advise Users of such websites to act prudently and to read the legal terms and conditions found on such websites. Users that send any type of information to SB Publishing S.L. should undertake to ensure that it is truthful and that it does not infringe upon any rights of third parties or the law in force.

16. PROHIBITIONS.

 

You undertake not to reproduce content considered to be Prohibited in the Services and/or Products ordered from SB Publishing S.L. Prohibited content includes, but is not limited to: (i) content that is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, (ii) acts of bullying, harassment, stalking, intimidation, (iii) content that involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spam”, (iv) content that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, libellous or defamatory, (v) content that promotes, reproduces, distributes or makes an illegal or unauthorised copy of another person’s copyrighted work or trade secrets, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; (vi) content that involves the sexual exploitation of persons under the age of 18, or that solicits personal information from anyone under the age of 18; (vii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating harmful computer viruses and codes (viii) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (ix) except as expressly approved by SB Publishing S.L. on the Website, involves commercial activities and/or sales such as contests, sweepstakes, barter, advertising, or pyramid schemes; (x) contains viruses, Trojan horses, worms, time bombs, corrupted files, or similar software; (xi) content that violates any applicable law; or (xii) that contradicts the provisions of this Agreement or that creates liability for SB Publishing S.L.

17. UNDUE DISRUPTION OF SERVICES.

 

The User undertakes not to: (i) cover or hide the advertising banners that may be placed on the Website through HTML/CSS, scripting, or by any other means, as the case may be, (ii) interfere, alter, or create an undue burden on the services or communication networks, or (iii) introduce automated software that creates multiple accounts, generates automatic messages, or performs data mining from the Services and/or Products on the Website. It is strictly forbidden to use the Website for purposes which are injurious to the property or interests of SB Publishing S.L. or third parties, or which overload, damage or disable the networks, servers and other computer equipment or computer products and applications of SB Publishing S.L. or third parties in any other way.

18. IMPERSONATION.

 

The User undertakes not to impersonate any other user or person, including the employees of SB Publishing S.L. The User shall use the Services in a manner compatible with the law.

19. MONITORING AND CONTROL BY SB Publishing S.L.

 

SB Publishing S.L. reserve the right (but has no obligation) to review and, if necessary, delete the content of the Products and/or Services that, in their opinion, contradicts this Agreement, is forbidden by current legislation, violates the rights, damages or endangers the safety of any User or any other person, or may entail any liability for SB Publishing S.L., their suppliers, service providers, associated companies, or any User. SB Publishing S.L. reserve the right (but has no obligation) to investigate and, if necessary, take the actions they deem appropriate against Users that violate this Agreement, including, but not limited to removing prohibited content from the Products and/or Services, terminating your status as a User, reporting to law enforcement authorities, and taking legal action against you.

20. RESPECT FOR COPYRIGHTS.

 

SB Publishing S.L. respect copyrights, which is why they will terminate the status of User for the persons that infringe upon such rights. If you believe that your work has been copied and published in the Products and/or Services offered on this Website in such a way that constitutes an infringement of your copyright, we kindly ask you to provide us with the following information: (i) a description of the copyrighted work that you claim has been infringed, (ii) a description of the location in the Service and/or Product of the material that is considered to be infringing, (iii) your address, telephone number and e-mail address; (v) a written statement by you that the use of such material has not been authorised by the copyright holder or their representative. The contact address of SB Publishing S.L. for the notification of claims of copyright infringement is as follows: C/Torricelli 4–6. 06400 – Don Benito (Badajoz).

21. THIRD PARTIES AND OTHER USERS.

 

In the event that the Services and/or Products ordered include images or other personal data of third parties, the User undertakes to inform such persons of the points contained in this Agreement prior to their inclusion. SB Publishing S.L. shall be exempt from all liability for any failure to comply with this requirement.

22. THIRD-PARTY LINKS.

 

SB Publishing S.L. accept no liability for the services and/or information provided on other Websites linked to this one. SB Publishing S.L. do not control or exercise any type of supervision over third-party Websites. We advise Users of such websites to act prudently and to read the legal terms and conditions found on such websites.

23. WARRANTY.

 

23.1 SB Publishing S.L. will provide their customers with the legally required warranties for their Products and/or Services, and will therefore redo the order in the event of any defect in the quality of the copy or finish. Nevertheless, as these are customised Products and/or Services, SB Publishing S.L. cannot accept returns due to satisfaction reasons or related to the quality of the original photograph. You can consult our return policy at any time.   23.2 Warranty exclusions. SB Publishing S.L. do not create proofs or proofread the content of the Products and/or Services you order, which is why the warranty does not include the obligation of SB Publishing S.L. to correct:

  1. a) Fonts, grammatical errors, unfinished texts or other errors in the text.
  2. b) Low-resolution images that may appear blurred in print. The program will warn the User of images that do not meet the minimum resolution requirements, and it is up to the User to include them in the Product or Service or not. Therefore, SB Publishing S.L. will not accept returns of Products or Services due to low resolution or definition of the images.
  3. c) Issues related to the design itself, such as photo book format, organisation, style, colour and arrangement of elements on the pages and covers.
  4. d) Photo books designed using word processors or programs other than artslibri may not exactly comply with the measurements required for their production and subsequent manufacture. SB Publishing S.L. will not accept returns of photo books edited or paginated using other programs and added to artslibri by means of any process.
  5. e) The appearance of the photo book on the screen is approximate and there may be a difference of several millimetres once the photo book has been made. A difference of up to 5mm between the appearance on the screen and the final result is not considered a manufacturing error.
  6. f) Any other creative option that may be made using artslibri.
  7. g) Defects attributable to transport (damage and blows visible to the naked eye) must be reported within 24 hours (1 business day) of receipt. SB Publishing S.L. shall not be held responsible or liable for any incorrect or inaccurate content (including any profile information) published on the Services and/or Products, whether caused by Users or the software installation. SB Publishing S.L. cannot accept any liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorised access to or alteration of any User or User communication. SB Publishing S.L. shall not be held responsible or liable for technical problems or the malfunction of any hardware and software due to technical problems on the Internet or on the Website or combination thereof, including any injury or damage to Users or any other person. Under no circumstances will SB Publishing S.L. be liable for any loss or damage arising from using the Services and/or Products, or any content published on the Website and transmitted to users, whether online or offline.

24. FORUMS, BLOGS, COMMENTS AND USER OPINIONS.

 

The opinions expressed in the discussion forums and/or comments and opinions are made by persons unrelated to SB Publishing S.L. under their sole and exclusive responsibility. The participants in the forums undertake to use them in accordance with the law, the General Terms and Conditions set out in this Agreement, as well as generally accepted standards of decency and morality. The participants in the forums are obliged to compensate SB Publishing S.L. for any loss or damage that may be caused by their use, in violation of these General Terms and Conditions and/or current legislation. SB Publishing S.L. cannot guarantee the truthfulness and accuracy of the opinions shared in the forums, and accept no contractual or extra-contractual liability whatsoever to the person or company that makes use of them. Sending any content or opinion that violates current legislation and/or the legitimate rights of other persons is forbidden. SB Publishing S.L. reserve the right to adopt the legal measures that they deem necessary. SB Publishing S.L. reserve the right to refuse and/or remove any opinion and/or User without prior notice and without any justification or compensation of any kind. SB Publishing S.L. reserve the right to modify the text of the opinions expressed to adapt them to the characteristics of each specific forum. SB Publishing S.L. reserve the right to assign the opinion to a section and/or subsection they deem appropriate. The User grants SB Publishing S.L. their consent to reproduce, distribute and/or publicly display the content of the forums, blogs or opinions posted on the Website, by any means and around the world. If you believe that any content and/or information on this Website infringes upon a legitimate right or the law, we would appreciate it if you could contact SB Publishing S.L. so we can take the appropriate measures.

25. INFORMATION AND MODIFICATION.

 

SB Publishing S.L. warrant that they have these General Terms and Conditions on display and available for perusal by all possible interested parties, on a date prior to their purchase of the Products, thereby complying with the prior information period. The User may consult these General Terms and Conditions at any time through our Website.   The validity of these terms and conditions coincides with the period they are on display, until such time when the terms and conditions stipulated herein are unilaterally modified in whole or in part. The User is obliged to consult our General Terms and Conditions each time they access our online shop.   If any clause were to be declared null and void, it shall be deemed severable without invalidating the remaining provisions hereof.

26. ASSIGNMENT AND SUBROGATION.

 

SB Publishing S.L. may engage service providers, and collaborate or assign the contracts entered into with third parties, to supply all or part of the products which they commit themselves to by virtue of the different transactions that are entered into.

27. RECOMMENDATIONS FOR OPTIMAL VIEWING.

 

Any computer with an Internet connection, Internet Explorer 7.0 or later, Safari 4, Firefox 3.5.7 and a minimum resolution of 1024 x 768. To view albums, a minimum of 1GB of RAM and a processor higher than 2GHz is required, as well as having the latest version of ®Adobe Flash Player installed.

28. SEVERABILITY.

 

In the event that any of the clauses of this Agreement may be incompatible with the laws and regulations in force, you undertake to uphold its spirit, without affecting the remaining clauses hereof.

29. APPLICABLE LAW AND JURISDICTION AND VALIDITY.

 

SB Publishing S.L. hereby inform you that this Legal Notice and the General Terms and Conditions are governed by Spanish legislation for each and every one of their points. This contract has been drafted in Spanish. As consumers enjoy legal protection, they may claim or sue from the jurisdiction of their domicile. Both parties submit themselves to the jurisdiction of the Courts and Tribunals of Don Benito (Spain), expressly waiving any other jurisdiction to which they may be entitled, in the following cases: When the purchaser is domiciled outside the European Union and there is no bilateral or multilateral agreement with Spain that precludes the possibility of establishing the express submission to jurisdiction; if it is a purchase or sale made by a company acting within the framework of its business or professional activity.

30. NOTIFICATIONS.

 

Notifications must be sent using any reliable means to the following address: SB Publishing S.L.; Pol. Industrial Las Cumbres. C/ Torriceli, 4–6. 06400 – Don Benito (Badajoz).

31. DISCHARGE AND TERMINATION.

 

This contract shall be discharged when both parties have fulfilled the obligations which they have committed themselves to or when it is terminated by either of them if any of the grounds for termination occur, or if the counterpart commits a serious breach of any of the obligations established in the contract.