The following Terms of Use shall apply to all use by the User of the Joaquín Torres-García Catalogue Raisonné Website (hereinafter, the “Website”):
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.
7. Privacy Policy: The Operator is committed to protecting the privacy of the Website’s visitors. Users are asked to register in order to gain access to certain features of the Website. Personally identifying information provided by Users (such as names, email addresses, passwords) is kept securely stored. The Operator follows accepted industry standards to protect the information submitted to us, both during and after transmission. Information provided is never sold, rented, or shared with third parties. The Operator reserves the right to revise this Privacy Policy at anytime. Users are encouraged to periodically review the complete Terms of Use, including its Privacy Policy, to remain apprised of any changes.
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.
9. User’s Warranties and Representations: By accessing the Website, the User warrants and represents that she shall abide by all of the terms and conditions of the Terms of Use and agrees to indemnify the Operator and its employees, officers, directors, successors, heirs and assigns from any and all claims arising from violations by the User of the Terms of Use.
10. Venue and Choice of Law: The Terms of Use and any modifications thereof shall be governed and construed in accordance with the laws of the State of New York without regard to principles of conflicts of laws. Any dispute arising from use of the Website or with respect to its Terms of Use shall be heard exclusively by a state or federal court of competent jurisdiction located in New York County in the City of New York, State of New York.
11. Terms of Use Are Subject to Change: The Operator may change these Terms of Use or any aspect of the Website at any time. A User’s continued use of and access to the Website constitutes agreement to the Terms of Use as modified. The Operator shall promptly post on the Website any modifications to the Terms of Use. Users are responsible for periodically reviewing the complete Terms of Use to apprise themselves of any changes.
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