LEGAL NOTICE

AVISO LEGAL

1. LEGAL INFORMATION AND ACCEPTANCE
These provisions govern the use of the WEB SERVICE or e-Commerce Portal (both terms are valid) on the Internet associated with the domain www.miguelbarros-artworks.com, the full exploitation rights of which belong to the company “ARKHAL DESARROLLO DE NEGOCIO SL” (hereinafter, “ARKHAL”), with Tax Identification Number ESB56607658 and registered address at Rúa Travesía de Vigo 38, 36206 Vigo (SPAIN).

Access to the website is free, except for the cost of the internet connection through the telecommunications network provided by the user's internet service provider. We offer some services exclusively to our clients; access to these services is restricted and therefore requires authentication. Any provision of a specific service or the contracting of communication media that we hold in our custody for management and operation is subject to our current price list, which details the net prices plus applicable VAT. Under no circumstances are these services or media contracts offered or provided directly through the Platform service.

Use of the web platform confers the status of user of said Platform (hereinafter, the 'User') and implies acceptance of all the conditions included in this Legal Notice.

The provision of the Platform service is limited to the time the User is connected to it or to any of the services provided through it. Therefore, the User should carefully read this Legal Notice each time they intend to use this Platform, as it and its terms of use, as set forth in this Legal Notice, may be modified.

Some services on the Platform that are accessible to Internet users or exclusive to “ARKHAL” customers may be subject to particular conditions, regulations and instructions that, where applicable, replace, complement and/or modify this Legal Notice and that must be accepted by the User before the provision of the corresponding service begins.

2. INTELLECTUAL AND INDUSTRIAL PROPERTY
All content on the WEBSITE, including text, photographs, graphics, images, icons, Trademarks, Logos, and other audiovisual content (hereinafter, the 'Content'), is the intellectual property of “ARKHAL” or third parties. No rights of exploitation recognized by current intellectual property legislation are transferred to the User, except those strictly necessary for using the Platform.

Furthermore, all ARTWORKS sold on the e-Commerce platform, both in digital and original printed formats, are entirely original works. All rights to these works are held by Copyright © MIGUEL A. BARROS LÓPEZ and other authors who have fully or partially assigned their reproduction and sales rights. The most sophisticated editing techniques have been used in their production. We also guarantee strict adherence to quality standards. The original artworks we offer are printed using the Giclée technique with exceptional reproduction using UltraChrome™ K3 pigment inks on 100% cotton Hahnemühle paper (acid-free), ensuring their durability. We use different versions or references from this manufacturer (“Hahnemühle Photo Rag,” “Hahnemühle Bamboo,” “Hahnemühle German Etching”). Each original artwork also comes with a Certificate detailing all specifications and aspects of the production process.

Furthermore, the owner or usufructuary of all rights to the original ARTWORKS offered for sale on this website reserves the right to modify the technical specifications of the printed format without affecting the previously guaranteed quality. Any such changes will be publicly announced on the platform.

3. TERMS OF USE OF THE WEB PLATFORM

3.1 GENERAL
The User agrees to use the Platform correctly in accordance with the Law and this Legal Notice. The User shall be liable to “ARKHAL” or to third parties for any damages that may be caused as a result of breaching this obligation.

The use of the Portal for purposes that are harmful to the assets or interests of “ARKHAL” or third parties, or that in any other way overload, damage, or disable the networks, servers, and other computer equipment (hardware) or computer programs and applications (software) of “ARKHAL” or third parties, is expressly prohibited.

3.2 CONTENT
The User agrees to use the Content in accordance with the Law and this Legal Notice, as well as with any other applicable conditions, regulations, and instructions, as provided in clause 1. By way of example only, the User, in accordance with current legislation, must refrain from:

a) Reproducing, copying, distributing, making available, publicly communicating, transforming, or modifying the Content, except in cases authorized by law or expressly permitted by “ARKHAL” or the holder of the exploitation rights, as applicable.

b) Reproducing or copying for private use any Content that may be considered Software or a Database under current intellectual property legislation, as well as publicly communicating or making it available to third parties when such actions necessarily involve reproduction by the User or a third party.

c) Extract and/or reuse all or a substantial part of the Contents that make up the WEB as well as the databases that “ARKHAL” makes available to Users.

3.3 DATA COLLECTION FORMS
Without prejudice to the provisions of clause 5 of this Legal Notice, as well as the privacy policies accessible from the Platform and which may be applicable at any given time, the use of certain services or requests directed to “ARKHAL” is conditional upon the prior completion of the corresponding User registration.

All information provided by the User through the Platform's forms for the aforementioned purposes or any other purposes must be truthful. To this end, the User guarantees the authenticity of all data provided and will keep the information provided to “ARKHAL” perfectly up-to-date so that it reflects the User's current situation at all times. In any case, the User will be solely responsible for any false or inaccurate statements made and for any damages caused to “ARKHAL” or third parties as a result of the information provided.

3.4 LINKING TO THE PORTAL
Internet users wishing to link from their own websites to the Portal must comply with the following conditions. Ignorance of these conditions does not exempt users from the legal responsibilities arising from them:

a) The link must only point to the homepage or main page of the website and may not reproduce it in any way (online links, copying of text, graphics, etc.).

b) In accordance with applicable legislation, it is strictly prohibited to establish frames of any kind that enclose the website or allow the content to be displayed through internet addresses different from or deviating from those of the website, or when displayed together with content unrelated to the Portal in such a way that: (1) it causes, or may cause, error, confusion, or deception among users regarding the true origin of the service or content; (2) it constitutes an act of unfair comparison or imitation; (3) serves to take advantage of the brand reputation and prestige of “ARKHAL”; or (4) in any other way that is prohibited by current legislation.

c) The page containing the link shall not make any false, inaccurate, or misleading statements about “ARKHAL,” its partners, employees, clients, or the quality of its services.

d) Under no circumstances shall the page containing the link state that “ARKHAL” has consented to the link's inclusion or that it otherwise sponsors, collaborates with, verifies, or supervises the sender's services.

e) The use of any trademark, graphic or combined mark, or any other distinctive sign of “ARKHAL” is prohibited on the sender's website, except as permitted by law or expressly authorized by “ARKHAL,” and provided that, in such cases, a direct link to the website is allowed in the manner established in this clause.

f) The website establishing the link must comply fully with the law and may not, under any circumstances, contain or link to content, whether its own or from third parties, that: (1) is illegal, harmful, or contrary to morality and public decency (pornographic, violent, racist, etc.); (2) explicitly induces the User to falsely believe that “ARKHAL” subscribes to, endorses, adheres to, or in any other way supports the ideas, statements, or expressions, whether legal or illegal, of the sender; (3) are inappropriate or irrelevant to the activity of “ARKHAL” considering the location, content and subject matter of the sender's website.

4. DISCLAIMER OF LIABILITY
4.1 REGARDING INFORMATION
Access to the website does not imply any obligation on the part of “ARKHAL” to verify the truthfulness, accuracy, suitability, completeness, or timeliness of the information provided through it. The content of this page is general in nature and does not constitute, in any way, the provision of an advisory service regarding art or digital art, or graphic works. Therefore, this information will be insufficient for the User to make personal or business decisions.

“ARKHAL” is not responsible for decisions made based on the information provided on the website, nor for any damages or losses incurred by the User or third parties as a result of actions based solely on information obtained from the website.

4.2 REGARDING SERVICE QUALITY
Access to the website does not imply any obligation on the part of “ARKHAL” to ensure the absence of viruses, worms, or any other harmful computer elements. It is the User's responsibility to ensure they have the appropriate tools for detecting and disinfecting malicious software.

ARKHAL is not liable for any damage to the computer equipment of Users or third parties during the provision of the Portal service.

4.3 SERVICE AVAILABILITY
Access to the Portal requires services and supplies from third parties, including transmission via telecommunications networks, the reliability, quality, continuity, and operation of which are not the responsibility of ARKHAL. Therefore, the services provided through the Web Platform may be suspended, canceled, or become inaccessible, either before or during the provision of the Portal service.

ARKHAL is not liable for any damages or losses of any kind incurred by the User resulting from failures or disconnections in telecommunications networks that cause the suspension, cancellation, or interruption of the Portal service, whether during or prior to its provision.

4.4 CONTENT AND SERVICES LINKED THROUGH THE PORTAL
The service for accessing the Web Platform includes technical linking devices, directories, and even search tools that allow the User to access other websites and internet portals (hereinafter, “Indexing or Linked Sites”). In these cases, “ARKHAL” acts as an intermediary service provider in accordance with Article 17 of Law 34/2002, of July 12, on Information Society Services and Electronic Commerce ('LSSI'), and will only be liable for the content and services provided on the Linked Sites to the extent that it has actual knowledge of their illegality and has not disabled the link with due diligence. Should the User believe that a Linked Site contains illegal or inappropriate content, they may notify “ARKHAL” in accordance with the procedure and effects established in clause 6. However, this notification does not obligate “ARKHAL” to remove the corresponding link.

Under no circumstances should the existence of Linked Sites be interpreted as implying any agreement with their owners or operators, nor as an endorsement, promotion, or identification by “ARKHAL” of the statements, content, or services provided therein.

“ARKHAL” is not familiar with the content and services of the Linked Sites and therefore is not liable for damages resulting from the illegality, quality, outdatedness, unavailability, errors, or ineffectiveness of the content and/or services of the Linked Sites, nor for any other damage not directly attributable to “ARKHAL”.

5. PROTECTION OF PERSONAL DATA
For more information on the processing of your personal data on the web platform, please refer to the Privacy Policy.

6. REPORTING ILLEGAL OR INAPPROPRIATE ACTIVITIES
If the User or any other internet user becomes aware that the Linked Sites lead to pages whose content or services are illegal, harmful, degrading, violent, or contrary to morality, they may contact “ARKHAL” indicating the following:

a) Personal data of the reporting party: name, address, telephone number, and email address;

b) Description of the facts that reveal the illegal or inappropriate nature of the Linked Site;

c) In the event of a violation of rights, such as intellectual and industrial property rights, the personal data of the holder of the infringed right, if different from the reporting party. You must also provide documentation proving the legitimacy of the rights holder and, if applicable, proof of representation to act on behalf of the rights holder when this person is different from the one submitting the notification;

d) An express declaration that the information contained in the claim is accurate.

According to the provisions of the LSSI (Law on Information Society Services and Electronic Commerce), receipt by “ARKHAL” of the notification provided for in this clause does not constitute actual knowledge of the activities and/or content indicated by the notifying party.

You must also provide documentation proving the legitimacy of the rights holder and, if applicable, proof of representation to act on behalf of the rights holder when this person is different from the one submitting the notification.

7. APPLICABLE LAW
This Legal Notice is governed in all respects by Spanish Law and European Law.