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Terms and Conditions

LATINAMERICANARTSALE.COM

Website Terms and Conditions

The following Terms and Conditions govern your use of the latinamericanartsale.com website “the Website” or “the Site”. By accessing, using, browsing, or buying on the Website, you accept and agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, do not access or otherwise use the Site.

  1. Materials Appearing on the Site The artwork appearing on this Site is offered for sale by its owner. The Site may also allow you to contribute content, information, text, files, graphics, personal listings, messages, postings, and other materials and information for access, use, and commentary by other visitors to the Site (“User Content”). Upon your submission of User Content or other material or information to latinamericanartsale.com, you grant latinamericanartsale.com a worldwide, perpetual, non-terminable, irrevocable, transferable, license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, and to permit others to access, use, distribute, perform, reproduce, display, modify and create derivative works based upon the User Content, all without any compensation to you whatsoever.

  2. Lawful Users The Website services are offered only to those who may lawfully enter into and form contracts under applicable law. Minors are not allowed to make purchases on this site. You agree to comply with all applicable law, statutes and regulations regarding use of the Site. You may access and view the content on the Site on your computer or other Internet compatible device, including mobile devices and tablets, and make single copies or prints of the content on the Website for your internal use only. The Website and the services offered on or through the Website, including any content, software, code, data and materials thereon, are only for your own internal use. The Website is not directed to children younger than 18 and is offered only to users 18 years of age or older. If you are under 18 years old, please do not use the Website. Any person who provides their personal information through the Website represents to us that they are 18 years of age or older.

  3. Website Intellectual Property latinamericanartsale.com and its content is owned by Summa Artis, Inc., a Florida corporation. Any commercial distribution, publishing or exploitation of the Website, or any content, software, code, data or materials on the Website, is strictly prohibited unless you have received the express prior written permission of Summa Artis or the applicable rights holder. Other than as provided above, you may not download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, software, code, data or materials on the Website. If you make other use of the Website, or the content, software, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

  4. Prohibited Conduct You warrant and agree that, while using the Site and the various services and features offered on or through the Site, you shall not:

    (a) impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any other person or entity;

    (b) insert your own or a third party's advertising, branding or other promotional content into any of the Site’s content, materials or services, or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes;

    (c) attempt to gain unauthorized access to other computer systems through the Site;

    (d) engage in spidering, "screen scraping," "database scraping," harvesting of Website information, e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of Website items or information, users or other information from or through the Site or the services offered on or through the Site or database connected to the Site or the services offered on or through the Site;

    (e) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means;

    (f) use the Site or the services made available on or through the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests;

    (g) use the Site or the Site’s services or features in violation of latinamericanartsale.com or any third party's intellectual property or other proprietary or legal rights; or

    (h) use the Site or the Site’s services in violation of any applicable law. You further agree that you may not attempt (or encourage or support any one else's attempt) to engage in any of the foregoing prohibited activities or to circumvent, reverse engineer, decrypt, disassemble, decompile or otherwise alter or interfere with the Site or the Site’s services, or any content thereof, or make unauthorized use thereof. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain, use or access, or attempt to obtain, use or access, any materials or information through any means not intentionally made publicly available or provided for through the Site.

  5. Editorial Control latinamericanartsale.com reserves the right, but does not have an obligation, to monitor and/or review all information and materials posted to the Website by users, and latinamaricanartsales.com is not responsible for any such information and materials posted by users. However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Summa Artis’s sole discretion are objectionable or in violation of these Terms and Conditions, Website policies or applicable law.

  6. Sales and Payments The artwork posted on the Site are for the purpose of sale. You may only make purchases if you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to latinarmicanartsales.com. You agree to pay all applicable taxes. If we do not receive payment from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Artwork that you purchase may be subject to additional terms and conditions presented to you prior to and at the time of such purchase. All offerings on the Site are subject to prior sale. All sales are final.

  7. DISCLAIMER OF WARRANTIES. THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AUTHENTICITY, AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF ARTWORK OR INFORMATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT, REPRESENT OR COVENANT THAT THE WEBSITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SUMMA ARTIS ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR SOFTWARE FROM THE WEBSITE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE. 

WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE WEBSITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE WEBSITEAT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE WEBSITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE WEBSITE. 

WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, SUMMA ARTIS AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE WEBSITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE WEBSITE OR IN CORRESPONDENCE WITH SUMMA ARTIS OR ITS AGENTS. ANY ARTWORK SOLD ON THE WEBSITE IS PROVIDED BY SUMMA ARTIS "AS IS," EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND SUMMA ARTIS OR ITS LICENSOR OR SUPPLIER.

  8. LIMITATION OF LIABILITY. IN NO EVENT SHALL SUMMA ARTIS, ITS AFFILIATES OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE, WHETHER IN AN ACTION BASED ON A CONTRACT INDEMNIFICATION, OBLIGATION, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEBSITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEBSITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE WEBSITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO SUMMA ARTIS FOR THE PURCHASE OFARTWORKS ON THE WEBSITE.

  9. Termination. Summa Artis may terminate, change, suspend, add to or discontinue any aspect of the Website or the Website’s services at any time, in our sole discretion, and without liability to any user. Summa Artis may restrict, suspend or terminate your use of or access to the Website if we believe you are in breach of or are attempting to breach our terms and conditions or applicable law, or for any other reason without notice or liability (including, for example, if we learn that you have provided us with false or misleading information, or interfered with other users or the administration of our Website or services). Summa Artis maintains a policy that provides for the termination in appropriate circumstances of the Website use privileges of users who are repeat infringers of intellectual property rights.

  10. Notices If you believe that any content or postings on the Site violates your intellectual property or other rights, please send notices pursuant to the Digital Millennium Copyright Act to: Horatio Sicre at director@latinamericanartsale.com.

  11. Changes to Terms and Conditions and Website. Summa Artis reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time, and we will post the revised version on this Website. Changes in the Terms and Conditions will be effective when posted. Your continued use of the Website and/or the services offered on or through the Website after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.

  12. Miscellaneous. The Terms and Conditions and the relationship between you and us shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in the State of Florida, County of Miami-Dade. You agree to submit to the personal and exclusive jurisdiction of the courts located within Miami-Dade County in the State of Florida. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms and Conditions by Summa Artis must be made in writing and signed by an authorized representative of Summa Artis specifically referencing these Terms and Conditions and the provision to be waived. Headings used in these Terms and Conditions are for convenience only and are not to be relied upon. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. These Terms and Conditions will inure to the benefit of, and are intended to be enforceable by, Summa Artis's successors, assigns and licensees.

  13. Further Inquiries. You may direct questions about these Terms and Conditions, or other issues, to: Summa Artis, Inc. at director@latinamericanartsale.com or P.O. Box 141047, Coral Gables, FL 33114.