1. - Use of the Website:

By using the https://catalogue.oswaldovigas.com/ (the Site), you agree to these Terms and Conditions of Use, and consent to our data collection, use and disclosure practices, and other activities as described in our Privacy Policy. If you do not agree and consent, please discontinue use of the Site.

Authorized Users are persons who have agreed to use the Site in accordance with these Terms and Conditions of Use. The Oswaldo Vigas Foundation (the Foundation) reserves the right to restrict, deny, or revoke access to the Site at any time at its sole discretion and without previous notice .

By accessing the Site, the User warrants and represents that she shall abide by all of the terms and conditions of the Terms and Conditions of Use and agrees to indemnify the Foundation and its employees, officers, directors, successors, heirs and assigns from any and all claims arising from violations by the User of the Terms and Conditions of Use.

 

2. - Copyright

The Content on the Site is protected by copyright. The Foundation retains any and all intellectual property rights, including copyrights, in and to works of art and text by Oswaldo Vigas depicted on this Site and any and all material contained therein. Copyrights and other proprietary rights in the Content may be held by the Foundation in addition to individuals and organizations other than the Foundation. Authorized Users agree not to modify, obscure, or remove any copyright notices or other attribution included in the Site and not to authorize others to do so. These copyright notices include the copyright symbol (“©”), which may appear on such Content located on the Site. Authorized Users further agree to comply with applicable copyright laws, regardless of jurisdiction.

 

3. - Non-commercial Uses Only

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 as well as any and all other applicable provisions, provided that the Site and/or the Foundation 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 Foundation of the Site in order to provide the Foundation  with an opportunity to ensure that such use is in fact non-commercial and fair. The Foundation and/or 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. Unauthorized commercial publication, exploitation or distribution in any manner of the Site, or the Content is prohibited.

 

4. - Unsolicited Submissions

When you submit any unsolicited ideas, feedback, opinions, techniques, images, sounds, videos, or other content to us through or relating to the Site (“Submissions”), you grant us a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable and cost-free right and license to host, store, use, display, reproduce, modify, adapt, edit, combine with other materials, publish, distribute, create derivative works from, promote, exhibit, broadcast, syndicate, sublicense (including, without limitation, to third party media channels, platforms, and distributors), publicly perform, publicly display, and otherwise use and exploit in any manner whatsoever, or grant third parties the right to do any of the foregoing, all or any portion of your Submissions, for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. You further irrevocably grant us the right, but not the obligation, to use your name in connection with your Submissions. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. Our receipt of your Submissions is not an admission of their novelty, priority, or originality, and it does not impair our right to existing or future intellectual property rights relating to your Submissions. You represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to grant us the rights granted in this Section. You alone, though, retain whatever legally cognizable right, title, and interest that you have in your Submission and remain responsible for them.

 

5. - Privacy Policy

The Foundation and Operator are committed to protecting the privacy of the Site’s Users.  Users are asked to register in order to gain access to certain features of the Site. 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 any time.  Users are encouraged to periodically review the complete Terms of Use, including its Privacy Policy, to remain apprised of any changes.

 

6. - Terms of Use Are Subject to Change

The Foundations and/or the Operator may change these Terms of Use or any aspect of the Site at any time. An Authorized User’s access of the Site constitutes agreement to any modified Terms and Conditions of Use and all changes thereto. The Operator shall promptly post on the Site any modifications to the Terms of Use.  Users are responsible for periodically reviewing the complete Terms of Use to apprise themselves of any changes.

 

7. - Governing Law and Jurisdiction

All matters relating to the use of the Site, Term of Use, or the Content and any dispute or claim arising therefrom or related thereto will be governed by the laws of New York without regard to its conflict of law’s provisions. Venue and jurisdiction for any dispute relating to the Site shall be vested in the federal and state courts located in New York. Any legal suit, action or proceeding arising out of, or related to, these Terms and Conditions of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in the County of New York, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.