For purposes of this Agreement, the term “LatinAmericanArt.com” shall be deemed to include LatinAmericanArt.com, its affiliates, parent, shareholders, directors,
officers and employees and any person or entity assisting LatinAmericanArt.com in its performance pursuant to this Agreement.
LatinAmericanArt.com reserves the right to change the terms, conditions, and notices including but not limited to the fees associated with the use of the LatinAmericanArt.com website. You are responsible for regularly reviewing these terms and conditions.
By becoming a Member of LatinAmericanArt.com, you will contribute to the extensive database network, working to promote Latin American Art all over the world. By registering as a Member, you will be bound to adhere to the following terms:
1. This agreement includes a portal for each Member within LatinAmericanArt.com and may include a link to the Member's website. By agreeing to use our portal, as a Member you agree to display a link to www.latinamericanart.com in your proprietary website if available.
2. LatinAmericanArt.com reserves the right to change the format of your portal including text and/or images at anytime.
3. The Member represents and warrants that it has the right to publish the images and information supplied to LatinAmericanArt.com, and that such images and information do not infringe on any third party's rights and are not otherwise unlawful. The Member shall defend, indemnify and hold harmless LatinAmericanArt.com and its officers and directors from and against any and all losses, damages, liabilities and claims, and all fees, costs and expenses of any kind related thereto (including, without limitation, reasonable attorneys' fees) arising out of, based upon or resulting from any claim of any third party alleging infringement of any copyright, trademark, patent, trade secret, right of privacy, right of publicity, unfair competition, false advertising, libel, or any other statutory or common law proprietary or civil right. LatinAmericanArt.com is a registered trademark.
4. LatinAmericanArt.com reserves the right to terminate this agreement in the event that the Member fails to adhere to our terms, or is misusing or threatening to misuse LatinAmericanArt.com intellectual property including its trademarks.
5. LatinAmericanArt.com's liability arising under this Agreement or arising out of mistakes, accidents, omissions, errors, or defects, or arising out of delays caused by judicial or regulatory authorities shall be subject to the limitations set forth below.
In no event shall LatinAmericanArt.com be liable to the Member or to any other third party with respect to the subject matter of this Agreement under any contract, warranty, negligence, strict liability or other theory for any type of indirect, consequential, incidental, reliance, special, or punitive damages, or for any lost profits, lost revenues, or lost savings of any kind arising out of or relating to this Agreement or the obligations of LatinAmericanArt.com pursuant to this Agreement, whether or not LatinAmericanArt.com or the Member was advised of the possibility of such damages and whether or not such damages were foreseeable. In no event shall LatinAmericanArt.com be liable for any amount in excess of the aggregate amount LatinAmericanArt.com has prior to such time collected from the Member.
6. No waiver by either party of any conditions or the breach by the other of any term or covenant contained in this Agreement whether by conduct or otherwise, in any one or more instances shall be deemed or construed as a continuing or further waiver of any other condition, or of the breach of any other term or covenant set forth in this Agreement. Moreover, the failure of either party to exercise any right hereunder shall not bar the later exercise thereof. If any term of this Agreement is held to be invalid or unenforceable, for any reason, such invalidity or unenforceability shall not affect any other term or provision hereof. This Agreement shall be construed, interpreted, and applied in accordance with and governed by the laws of the State of Texas, without giving effect to the conflict of law provisions thereof. This Agreement constitutes the full and complete understanding and agreement of the parties with respect to the subject matter hereof, and supersedes all prior understandings and agreements.
7. When using this website, you agree to: provide true, accurate, current and complete information about yourself and/or your company; to maintain and update the registration information to keep it true, accurate, current and complete. If you provide any registration information that is untrue, inaccurate, not current or incomplete, or LatinAmericaArt.com has grounds to suspect that such registration information is untrue, inaccurate, not current or incomplete, LatinAmericaArt.com has the right to suspend or terminate your account and refuse any and all current or future use of the website (or any portion thereof).
8. This website may contain links to third-party websites that are maintained by their respective organizations. These links are provided solely as a convenience to you and not as an endorsement by LatinAmericanArt.com of the contents of such third-party websites. LatinAmericanArt.com is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.
9. You may receive a password and/or account designation, upon completing the registration process on the LatinAmericaArt.com website. You are responsible for maintaining the confidentiality of any such password and account, and are fully responsible for any and all activities that occur under your password or account. You agree to immediately notify LatinAmericaArt.com of any unauthorized use of your password or account or any other breach of security, and to ensure that you log out from your account at the end of each session. LatinAmericaArt.com cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph.
10. Website Material Warning
The content of this website is not intended for minors. Such content extends to a wide range of art and news. It is generally uncensored, but may include nudity or other graphic or literary content that some people may consider offensive. If you allow a minor to use your computer, it is your responsibility to determine whether any of the content and subject matters displayed on this website is appropriate for the minor.
11. This website is provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. This website could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein; these changes will be incorporated in new editions of this website.
12. LatinAmericanArt.com does not warrant that this website will operate error-free, continuously or without interruption, or that the website or its servers are free of computer viruses or other harmful content. If your use of this website or its material results in the need for servicing or replacing equipment or data, LatinAmericanArt.com is not responsible for those or any other costs arising out of any technical difficulties.