Terms
ARTELATAM, LLC. (“we” or “us”) owns and operates the website at ARTELATAM.ORG (the “Site”), where you can find information about our products and services. These Website Terms and Conditions (the “Website Terms”) describe the rights and obligations of an unregistered website user or visitor (“user” or “you”) in connection with your use of the Site. By accessing or using the Site in any way, including as an unregistered website visitor, you agree to be bound by these Website Terms and our Privacy Policy, which is available on the Site.
These Website Terms apply only to your use of the Site, and the content made available on or through the Site, as an unregistered website user or visitor. If you use or access any of our physical space, restricted-access web-based services (i.e. those requiring a login), the broker or referral program or other services we provide, your use of such space, services, or program is subject to the terms and conditions you received or accepted when you signed up for such space, services, or program. From time to time, we may make modifications, deletions or additions to the Site or these Website Terms. Your continued use of the Site following the posting of any changes to the Website Terms constitutes acceptance of those changes.
Eligibility
The Site and services it describes are available only to individuals who are at least 18 years old, unless otherwise specified. No one under this age may access or use the Site or provide any personal information through the Site.
User Submitted Materials
Any materials submitted by you including, without limitation, photographs, images, text, graphics and other materials (collectively, “User Submitted Materials”) are subject to the following terms and conditions:
You will maintain ownership of such User Submitted Materials, and you grant us and our designees a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create derivative works of and publicly display such User Submitted Materials solely in connection with the production or provision of any product or service requested by you or to demonstrate how your User Submitted Materials would appear in our products or services.
Content
The text, images, videos, audio clips, software and other content generated, provided, or otherwise made accessible on or through the Site (collectively, “Content”) are contributed by us and our licensors. U.S. and international copyright laws protect the Content and the Site. Our licensors and we retain all proprietary rights in the Site and the Content made available on or through the Site, and, except as expressly set forth in these Website Terms, no rights are granted to any content. Subject to these Website Terms, we grant each user of the Site a worldwide, non-exclusive, non-sub licensable and non-transferable license to use (i.e., to download and display locally) Content solely for viewing, browsing and using the functionality of the Site. All Content is for general informational purposes only. We reserve the right, but do not have any obligation to monitor, remove, edit, modify or remove any Content, in our sole discretion, at any time for any reason or for no reason at all.
Please note that while you retain ownership of your User Submitted Materials, any template or layout that we use to arrange such User Submitted Materials through tools and features made available through our Site are not proprietary to you, and all right, title and Interest to such template or layout will remain with us.
You represent and warrant that you are the owner of or otherwise hold all necessary rights with respect to the User Submitted Materials, and that the User Submitted Materials will not and will not infringe, misappropriate, use, or disclose without permission or otherwise infringe any copyright, Trade secret right, or other intellectual property or other property of any third party, and that the User Submitted Materials are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable.
You agree that we may (but are not obligated to) filter any User Submitted Materials (including, without limitation, deleting or replacing expletives or other harmful or offensive language), refuse to use any User Submitted Materials (including, without limitation, suspending processing and shipping of any order relating to any User Submitted Materials) and/or disclose any User Submitted Materials and the circumstances surrounding the use thereof, to any third party in order to provide the relevant products or services, to enforce these Terms or to fulfill any legal obligations or governmental requests.
Without limiting any of your other indemnification obligations contained herein, you agree to indemnify and hold us, our directors, officers, shareholders, employees, contractors, agents, representatives, affiliates, and third party users harmless from and against any and all claims, causes of action, liabilities, damages, losses, expenses and costs (including, without limitation, attorneys’ fees) that arise directly or indirectly out of or from: (I) your violation of these Terms, any other agreement or terms of use with us, any representation or warranty contained herein or therein or any applicable law; (II) your behavior in connection with obtaining any products or services from us; (III) your User Submitted Materials; or (IV) any activity related to access to or use of your account by you or any other person.
User Submitted Materials that violate these Terms may be removed from our Site; provided, however, that we are not obligated to remove User Submitted Materials in response to user reports or requests. We are not responsible or liable for the removal or non-removal of any User Submitted Materials from our Site. We strongly urge you to keep back-up copies of your User Submitted Materials on your hard drive or other personal system.
Copyright (this relates to copyright issues on our side)
While we are not required to review User Submitted Materials for copyright infringement, we are committed to protecting copyrights and expect users of our Site to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that content appearing on the Internet infringes their rights under U.S. copyright law. If you think in good faith that any content used or presented on or through our Site infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it restricted. The notice must contain the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Site.
Disclaimer; Limitation of liability
To the extent permitted by law, we and our affiliates, parents, and successors and each of our and their employees, assignees, officers, agents and directors (collectively, the “ARTELATAM, LLC. Parties”) disclaim all warranties and terms, express or implied, with respect to the Site, Content or services (including third party services) on or accessible through the Site, including any warranties or terms of merchantability, fitness for a particular purpose, title, non-infringement and any implied warranties, or arising from course of dealing, course of performance or usage in trade. In no event shall ARTELATAM, LLC. Parties be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Site for (a) any special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever (however arising) or (b) damages in excess of (in the aggregate) US$100.
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Site.
Miscellaneous
These Website Terms shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules, and the United States of America. These Website Terms constitute the entire agreement between us regarding the Site and supersedes and merges any prior proposals, understandings and contemporaneous communications. If any provision of these Website Terms is held to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Website Terms shall otherwise remain in full force and effect and enforceable.
In order for any waiver of compliance with these Website Terms to be binding, we must provide you with written notice of such waiver. The failure of either party to enforce its rights under these Website Terms at any time for any period will not be construed as a waiver of such rights.
