1. Commercial Use Strictly Prohibited: The User hereby affirms her understanding of the Purpose of the Website and agrees that she shall not make any commercial use of the Website or its contents, including without limitation by linking the Website to any other website which itself engages in commercial use of the Website or its contents.
2. Fair Uses Permitted: The User is permitted to make limited scholarly, educational, non-profit and non-commercial fair uses of the Website as permitted under the fair use provision of the United States Copyright Law, 17 U.S.C. § 107, provided that the Website is credited (including its copyright notice) for any material used from it, and provided further that the User discloses the nature of such use to the operator of the Website in order to provide the operator with an opportunity to ensure that such use is in fact non-commercial and fair. The operator of the Website reserves all of its rights and remedies in the event that a User’s use is deemed not to be a fair use or not to be a non-commercial use.
3. Compilation Copyright: The Website overall is protected under U.S. Copyright Law as a compilation copyright with respect to its selection, coordination and arrangement. The copyright in the compilation contained the Website is owned by its creator, compiler and operator, Cecilia De Torres, Ltd. (hereinafter, the “Operator”). The Operator reserves all of its rights and remedies in the event that a User infringes upon its compilation copyright. The User agrees not to remove any copyright notices contained on the Website and to display such copyright notices on any material downloaded from the Website.
4. Copyrights in Individual Works: The copyrights in the individual paintings or other works of art contained on the Website may be owned by others, including the heirs of the Artist. No permission is granted by any copyright owners to use the works by virtue of their inclusion on the Website or otherwise. Any such permission must be sought by the User from the owners of the copyrights in the individual works.
5. DISCLAIMER OF WARRANTIES: THE OPERATOR PROVIDES THIS WEBSITE ON AN “AS IS” BASIS. YOUR USE OF THIS WEBSITE, ITS CONTENT, AND MATERIALS IS AT YOUR OWN RISK. THE OPERATOR DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT EXPRESSLY NOT LIMITED TO AUTHENTICITY, PROVENANCE, CONDITION, DESCRIPTION, AS WELL AS ANY WARRANTIES OF COPYRIGHT OWNERSHIP AND/OR NONINFRINGEMENT OF COPYRIGHTS OR ANY OTHER PROPRIETARY RIGHTS EITHER RELATING TO THE OPERATOR, THE HEIRS OF THE ARTIST, OR TO ANY THIRD PARTIES OR OTHERS. THE OPERATOR DOES NOT WARRANT THAT THE SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. WHILE THE OPERATOR MAKES REASONABLE, ONGOING EFFORTS TO REVISE AND UPDATE THIS WEBSITE, THE OPERATOR ASSUMES NO LIABILITY WHATSOEVER FOR ANY ERRORS OR OMISSIONS INCLUDING, WITHOUT LIMITATION, THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE SITE. THE OPERATOR ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO THE REPRODUCTION OF ITS CONTENT OR MATERIALS.
6. LIMITATION OF LIABILITY: NEITHER THE OPERATOR NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES SHALL HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE, ITS CONTENT, AND/OR THE COMPILATION.
8. No Endorsement of Linked Sites: A link between the Website and any other websites does not represent any endorsement by the Operator of linked websites or their content, purpose, policies or business practices.
Effective May 5, 2015