Legal notice

In compliance with Article 10 of Ley 34/2002, de 11 de julio, de Servicios de la Sociedad de la Información y de Comercio Electrónico (LSSI-CE, the Spanish Information Society Services and Electronic Commerce Act), the identification details of the owner of this Website and of the associated Platform are set out below.

1. Identification details

• Owner: Rodrigo Marquez Rapela (hereinafter, "the Owner")
• Tax ID (NIF): 29195596V
• Address: Carrer dels Dofins 41 - 4, Valencia (España)
• Contact email: hola@positiva.studio
• Main activity: Provision of software as a service (SaaS) for the storage, organisation, review and delivery of photographic and audiovisual galleries for professionals.

2. Purpose

This Legal Notice governs access to, browsing of and use of the website positiva.studio (hereinafter, "the Website") and of the associated management application or platform (hereinafter, "the Platform").

The status of user of the Website or of the Platform (hereinafter, "the User") is acquired by the mere act of accessing, browsing or registering on them, which implies the express, full and unreserved acceptance of each and every one of the provisions contained in this Legal Notice, as well as in the corresponding Terms and Conditions and Privacy Policy in force at any given time. If the User does not agree with the content of these conditions, they must refrain from using this Website.

3. Conditions of use and access

The User undertakes to make appropriate, responsible and lawful use of the Website and of the Platform, in accordance with the applicable legislation, this Legal Notice, morality, good custom and public order.

The following is expressly prohibited:

• Using the Website or the Platform for fraudulent or unlawful purposes, or purposes harmful to the rights or interests of the Owner or of third parties.
• Uploading, hosting or disseminating content, images or comments of a racist, xenophobic or illegally pornographic nature, or that glorify terrorism, or that infringe human rights or the privacy of individuals.
• Introducing or spreading computer viruses or malware on the network, or carrying out any action liable to cause technical damage or unauthorised alterations to the physical or logical systems of the Owner, of its suppliers or of third parties.
• Attempting to access, manipulate or use the access accounts of other users, as well as the restricted areas of the Platform's computer systems, without due authorisation.

4. Intellectual and industrial property

• Ownership of the Platform: The design of the Website and of the Platform, its source code, interfaces, navigation structures, logos, trade marks, trade names, texts, graphics and other distinctive signs are the exclusive property of Rodrigo Marquez Rapela, or the latter holds the corresponding licences for their exploitation. Their reproduction, distribution, transformation, public communication or any other form of exploitation is strictly prohibited without the express written authorisation of the Owner.
• Ownership of Users' Content: The audiovisual material (photographs, video pieces, audio files and metadata) uploaded and hosted by Users in their respective private galleries belongs solely and exclusively to those Users or to their legitimate licensors. The Owner acquires no right of ownership, exploitation or commercialisation whatsoever over that material, and limits its activity to the technical processing strictly necessary for the proper performance of the contracted SaaS service.

5. Exclusion of liability

The Owner makes every technical effort to ensure the availability, continuity and proper functioning of the Website and of the Platform. Nevertheless, to the extent permitted by the applicable law, the Owner shall not be liable for:

• Temporary interruptions, service outages, connection errors or disconnections in telecommunications networks beyond its direct control.
• Computer damage or harm arising from third-party interference, denial-of-service (DDoS) attacks or viruses that may affect the User's software or hardware.
• Unlawful, negligent or fraudulent use that Users make of the Website or of the galleries created, it being the sole responsibility of the User to ensure that they hold the image rights and the necessary authorisations from the third parties photographed.

6. Personal data protection

The processing of personal data collected through the Website or the Platform is carried out in strict compliance with the General Data Protection Regulation (GDPR, Regulation (EU) 2016/679) and Ley Orgánica 3/2018 (LOPDGDD, the Spanish Data Protection and Digital Rights Act). The detailed conditions of such processing are described and publicly available in our Privacy Policy.

7. Governing law and jurisdiction

This Legal Notice is governed in each and every one of its aspects by Spanish law.

For the resolution of any controversy, dispute, query or claim that may arise in connection with the access to, use or interpretation of this Website and of the Platform, and given that the activity is aimed exclusively at a professional, commercial or business profile (B2B relationships), the parties expressly waive any other forum or jurisdiction that may correspond to them and submit voluntarily, strictly and exclusively to the Courts and Tribunals of the city of Valencia (Spain).