For the purposes of this Agreement, the term “LatinAmericanArt.com” shall be deemed to include LatinAmericanArt.com, LLC, its affiliates, parent, shareholders, directors, officers and employees and any person or entity assisting LatinAmericanArt.com in its performance pursuant to this Agreement. LatinAmericaArt.com is a website where people and/or entities make connections and enjoy the content provided here within.
These “Terms” of Use are an agreement between “you” or “your” and between “LatinAmericanArt.com, LLC” or “we” or “our” or “us”, that governs your access to and use of our website and “Services”.
The term “User” is any person or entity that has access to LatinAmericanArt.com with or without a registered account. The user agrees to be bound by the Terms and Conditions set forth on this document. If the user does not agree to be bound by these Terms and Conditions, the user must not use LatinAmericanArt.com.
The term “Content” is any and all information that appears on LatinAmericanArt.com whether is text, images, video, sound, and any communication performed within LatinAmericanArt.com using our contact forms and/or messaging system to email or to contact a person or an entity. All email sent and received by us. All posts shared in our Social Media accounts whether is text, images, video, sound and any other material.
The term “Buyer” is a User or any person or entity that uses our services to contact a Seller and get information about a property in order to make a purchase, regardless of the purchase being completed or not.
The term “Seller” is a User or any person or entity that uses our services to contact a Buyer and get information about a property in order to close a sale, regardless of the sale being completed or not.
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 at any time. You are responsible for regularly reviewing these terms and conditions.
By registering in LatinAmericanArt.com, you will contribute Content to the extensive database network, working to promote Latin American Art all over the world. Registered and non registered Users, will be bound to adhere to the following terms:
TERMS & CONDITIONS:
- Use. By using any and all services of LatinAmericanArt.com, you agree to these Terms and Conditions. Should you not agree to these Terms and Conditions, you are not authorized to use any and all services provided by this website.
- Account. LatinAmericanArt.com reserves the right to change the format of your account including but not limited to text, images and/or video at anytime.
- Content. By adding Content to this website in any shape or form, you agree to license your Content to LatinAmericanArt.com. This Content is protected by U.S. and international copyright laws, trademark laws, and/or other proprietary rights and laws. Our Services are also protected as a collective work under U.S. and International copyright laws.
- Under any circumstances will we allow any written material that has been copied and pasted verbatim to appear in LatinAmericanArt.com, such as but not limited to artist biographies, event descriptions, interviews, reviews, critics, etc. We reserve the right to remove or disable access to any Content claimed to be violating our rules at any time and in our sole discretion. We may also terminate a user’s account if the user is determined to be a repeat infringer.
- Rights. The User 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.
- Latin American art content exclusively. The User agrees that any and all artists and artworks or objects that he/she uploads to LatinAmericanArt.com, represent Latin American art, and that artists and their artworks or objects that do not represent Latin American Art are not allowed to be posted on LatinAmericanArt.com. The User agrees that any violation of this rule may result in the termination of their services.
- Social Media. You agree that this content may be shared in all of our Social Media accounts including but not limited to Facebook, Twitter, Pinterest, LinkedIn, Google, Instagram, Tumblr.
- Artwork Refusal. LatinAmericanArt.com reserves the right to refuse any artwork that does not meet the quality criteria.
- Service Cancellation. Should you cancel your account for any reason, we have the right to keep the content you have uploaded and add it to the respective artist profile, list it as Private Collection and share it within our Social Media Accounts.
- Rights. We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), we will respond expeditiously to claims or notices of alleged copyright infringement that are properly provided to our Legal Department –Copyright Agent contact information is listed below-. We reserve the right to remove or disable access to any Content on the Services claimed to be infringing at any time and in our sole discretion. In appropriate circumstances, we will also terminate a user’s account if the user is determined to be a repeat infringer.
- Reporting a Claim. If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please send a written notice to our address containing all of the following information:
- Identification of the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identification of the allegedly infringing material, and information reasonably sufficient to permit us to locate such material on the Services that is to be removed or accessed to which is to be disabled. Information reasonably sufficient to allow us to locate the reference or link to the material, including at a minimum, if applicable, the URL of the link shown on our website where such material may be found.
- Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and if available, an email address
- A statement that you have a good faith belief that use of the material, reference or link in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in your notice is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Provide your full legal name and your physical or electronic signature of the owner or agent of the infringed Content. Deliver this Notice, with all completed items to LatinAmericanArt.com’s Copyright Agent
- Counter-Notices. If you are the provider of Content that was removed (or to which access was disabled) and you believe that such Content is not infringing or that the use of such Content is authorized by the copyright owner, the copyright owner’s agent or the law, you may send a written counter-notice to our address containing all of the following information:
- Your physical or electronic signature
- Identification of the Content that was removed or to which access was disabled, and the location at which such Content appeared on the Services before it was removed or access to it was disabled.
- A statement, under penalty of perjury, that you have a good faith belief that the Content was removed or disabled as a result of mistake or misidentification of the Content
- Your name, address, telephone number, and, if available, an email address
- The statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or, if your address is located outside of the United States, for any judicial district in which LatinAmericanArt.com is located, and that you will accept service of process from the person who provided the notice of claimed infringement
Next Steps. When we receive a notice of claimed infringement, we may send a copy of the notice and the contact information of the person who sent us the notice to the provider of the allegedly infringing Content. When we receive a counter-notice, we may send a copy of the counter-notice to the person who sent us the related notice of claimed infringement. Unless that person (or the copyright holder that she or he represents) then notifies us within 10 business days that she or he is filing a legal action related to the disputed Content, we may replace the disputed Content on the Services, but we will have no obligation to do so. By sending us a notice of claimed infringement or a counter-notice, you consent to this use of your personally identifying information.
Our Legal Copyright Agent may be contacted as follows:
By US Postal Mail:
Attn: Legal – Copyright Agent
25 Highland Park Village
Dallas, TX 75205
By Email: info @ latinamericanart.com
You acknowledge that your notice or counter-notice may not be valid if it is not directed to our Copyright Agent or it does not contain all of the information specified above. To help us receive your notice or counter-notice in a timely manner, if possible, please send it by email with subject line “DMCA Notice” or “DMCA Counter-Notice” as applicable.
Warning. Please note that the requirements in this section are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but they do not constitute legal advice. Under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties. If you are not sure whether Content on the Services is actually infringing, it may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
Termination. LatinAmericanArt.com reserves the right to terminate your account, limit your services, restrict your access in the event that the User fails to adhere to our terms, or is misusing or threatening to misuse LatinAmericanArt.com intellectual property including but not limited to its trademarks without further notice to you.
Non Transfer. LatinAmericanArt.com registered accounts and use of our Services under these Terms and Conditions are non-exclusive and non-transferable. You are not permitted to sell, rent, lease, sublicense or otherwise transfer your LatinAmericanArt.com account, or give any access to our Services to any third party.
URL Repurpose. At any time at our own discretion and for any reason, we may reclaim or repurpose any username or URL.
Indemnification. The User 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 but not limited to, 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, authenticity, right of privacy, right of publicity, unfair competition, false advertising, libel, or any other statutory or common law proprietary or civil right. In no event will LatinAmericanArt.com have any liability whatsoever with respect to the listing, marketing, offer or sale of any property through this website. Our liability to the seller may differ as otherwise stated in a separate written agreement between us and the seller. LatinAmericanArt.com is a registered trademark.
Liability. 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 User 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 User 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 User.
User Information. 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 LatinAmericanArt.com has grounds to suspect that such registration information is untrue, inaccurate, not current or incomplete, LatinAmericanArt.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).
Third Party Content. 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.
Follow, Favorite and/or Share Buttons
When you choose the Follow, Favorite and/or Share buttons on LatinAmericanArt.com website, you will not be directed to another site, you will remain on LatinAmericanArt.com.
Account Confidentiality. You may receive a password and/or account designation, upon completing the registration process on the LatinAmericanArt.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 LatinAmericanArt.com of any unauthorized use of your password or account or any other breach of security, and to ensure that you logout from your account at the end of each session. LatinAmericanArt.com cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph.
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.
- 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.
- When using a mobile device, you agree not to use our Services in a way that distracts you and/or prevents you from complying with any traffic or safety laws.
- Your use of LatinAmericanArt.com is at your own risk. 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.
- If you register for a LatinAmericanArt.com account or you provide us with an email address, you agree that we are not responsible for any blockage or automatic filtering that your internet, hosting or network provider may apply to any emails we send to the email address you provided. You agree that all notifications we provide to you by email will be considered received by you on the day that we send them.
- You consent to receive notifications from us that we find important regarding your email registration or your account registration whether you have an account or not.
- Registered Users may access the settings on their account and control the electronic notifications they receive from us. You may choose to stop receiving any of the notifications such as promotional emails, Favorites, Follows, etc. at any time by clicking the unsubscribe link in those emails or by changing the notification preferences in your account settings. These requests may take up to (8) eight business days to process, and you may continue to receive notifications during that time.
Pricing and Billing:
- Pricing. LatinAmericanArt.com reserves the right to change the prices for any of the Services including but not limited to, any prices associated with Premium Gallery membership plans, Added Services, Secondary Market and Advertising at any time and without notice.
- Advanced Billing. LatinAmericanArt.com bills in advance for all Services on a recurring basis. LatinAmericanArt.com may, in its sole discretion, provide you with monthly, quarterly, or annual subscription service plans from which to choose.
- Subscription Plan. By choosing your subscription service plan, method of payment, and applicable billing cycle, you authorize LatinAmericanArt.com to use the form of payment specified in your account preferences or settings to bill you automatically in advance for the chosen LatinAmericanArt.com Services on a recurring basis for each applicable billing cycle until your account has been cancelled and the applicable Service plan has concluded. Should you decide to cancel your account, your account will be effectively cancelled after the conclusion of your then-existing service plan/term.
- Renewals. Unless otherwise stated, LatinAmericanArt.com will automatically renew any and all subscription plans including but not limited to Premium Gallery plans, Added Services, Secondary Market and Advertising or Sponsoring.
- No Refunds. LatinAmericanArt.com does not offer a refund for purchased services. Consequently, there will be no refunds for periods where LatinAmericanArt.com Services were unused should your account be cancelled including but not limited to, period of dormancy or time remaining on subscription plans.
Should your account be cancelled for non-payment
- Insufficient Funds. Should your payments be cancelled or reversed because of insufficient funds, you will be responsible for any charges and/or penalties implemented by our Billing Department.
- Chargeback Fee. Should you place a chargeback with your credit card company, you will be automatically billed $35usd and you will be responsible for any additional charges and/or penalties implemented by our Billing Department.
Buyers and Sellers on Secondary Market Service
- LatinAmericanArt.com is not responsible for any and all transactions performed by Buyers and Sellers on this website and outside of this website. LatinAmericanArt.com is a connection between the Buyer and the Seller to negotiate and complete a transaction. Through the “Secondary Market” service, we collect payment from the Seller as a flat fee listing fee for each item or property regardless if each item is sold or not sold.
- We are not associated in any way to the closing of any and all transactions including but not limited to our “Secondary Market” service, nor will we receive any money or commission associated with each or any transactions. We do not endorse or have any control whatsoever over such transactions through the contacts made on this website.
- We do not own any property offered for sale on this website and we do not buy or sell any property on behalf of any User. We are not the legal owner or have physical possession of any of the property offered or solicited through the contacts made on this website.
- We are not responsible for the business practices or for the reputation of any individual or entity buying or selling property through the contacts made on this website.
- We are not responsible for the authenticity, description, quality, condition, provenance, legality, size, price, form of payment or any other attribute related to any property bought or sold through the contacts made on this website.
- You are required to perform your own due diligence in regards to any and all transactions with any individual or entity on any of the property offered or solicited through the contacts made on this website.
Conditions of Sale/Liability:
- As a Collector, each Gallery will give you their own Conditions of Sale for each artwork or property you are buying. LatinAmericanArt.com does not sell any artworks or property directly and we have no obligation or liability on the completion of any buyer-seller transactions and are not responsible for the online or offline performance or conduct of any buyers or sellers whether buying or selling property in connection to LatinAmericanArt.com. Should there be any disputes, you release LatinAmericanArt.com from any and all claims of every kind and nature arising from any such disputes.
- LatinAmericanArt.com reserves the right to withdraw any property from the website at any time, and will have no liability whatsoever for any such withdrawal.
- You must be eighteen (18) years or older to buy or sell property on this website. Any minors are prohibited from contacting a Buyer or a Seller to provide or to solicit information on any property to complete a transaction.
- 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.
“LatinAmericanArt.com” is a registered trademark.
Our Contact Information
- Should you have any questions about our Terms and Services, please contact us at: info @ LatinAmericanArt.com
or send us a letter to:
25 Highland Park Village, Suite 100-211
Dallas, TX 75205