CARLOS RODAL TERMS OF SERVICE
Last Updated Date: January 25, 2019
Certain areas of the your access to certain Services may have different terms and conditions posted, may require you to agree with and accept additional terms and conditions or read additional disclosures required to be made to purchasers of original works of art sold in multiples under International law. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Services or for specific Services, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Services.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY PURCHASING ORIGINAL ARTWORKS ON OR THROUGH THE SERVICES OR BY POSTING ANY CONTENT ON THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU DO NOT HAVE THE RIGHT TO ACCESS OR USE THE SERVICES. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Modifications to these Terms
Carlos Rodal reserves the right, at its sole discretion, to modify, discontinue or terminate the Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Services or provide you with notice of the modification. We will also update the “Last Updated Date”. By continuing to access or use the Services after we have posted a modification on the Services or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.
We encourage you to check back regularly to review these Terms.
Modifications to the Services
We reserve the right to change the URL, modify or discontinue, and restrict or block access to, the Services without notice to you. We may modify or remove any Original Works of Art (as defined below), Digital Works (as defined below), Carlos Rodal Content (as defined below) or Member Content (as defined below) from the Services at any time without notice to you.
Occasionally, there may be information on the Services that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any such information on the Services is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information in the Services, except as required by applicable local, state, federal or international laws, regulations, or statutes. No specified update or refresh date applied to the Services should be taken to indicate that all information on the Services has been modified or updated.
The Services are intended solely for persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 18 or older.
In order to make a purchase through the Services, (other than users who utilize the guest checkout option), you must first create an account (“Account“) by completing our registration process. During the registration process you will be required to provide certain information and you will establish a username and a password. Upon completion of our registration process or by utilizing our guest checkout option you will become a “Member.” You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Carlos Rodal reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Carlos Rodal of any unauthorized use of your Account.
Purchaser Terms and Conditions
Purchases of Limited Edition Prints
When you purchase original works of art through the Services, you are purchasing from Carlos Rodal. Prices for original works of art will be as specified on the applicable listing product page for such original piece. You acknowledge that prices may not include shipping and handling charges or applicable Taxes (defined below), if any, for which you are responsible and which will be separately identified on your receipt at the time of checkout. Carlos Rodal and/or its third party service providers (such as its third party print-on-demand and payment processing vendors) will collect your billing and shipping information and process your payment. Carlos Rodal will be responsible for shipping the original works of art directly to you or the shipping address provided upon checkout. The terms and conditions of Carlos Rodal’s then-current Return Policy apply to any original artwork that you purchase through the Services.
For any questions about purchases of original artwork, including the status of any order or inquiries regarding the return of a previously received order, you may contact Carlos Rodal customer support at email@example.com.
Carlos Rodal reserves the right to cancel any order for a work of art placed via the Services if Carlos Rodal determines, in its sole and absolute discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Services. If Carlos Rodal cancels an order placed via the Services, Carlos Rodal will send you an email confirmation of such cancellation and you will not be charged for your order.
You understand and agree that Carlos Rodal uses commercially reasonable efforts to display the colors of original artwork accurately via the Services. However, because individual computer monitors may display colors differently, Carlos Rodal is not responsible for the color accuracy of any original artwork displayed for sale on the Services, and disclaims all liability in this regard.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback“). You may submit Feedback by emailing us at firstname.lastname@example.org. You acknowledge and agree that all Feedback will be the sole and exclusive property of Carlos Rodal and you hereby irrevocably assign to Carlos Rodal and agree to irrevocably assign to Carlos Rodal all of your right, title and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At Carlos Rodal’s request and expense, you will execute documents and take such further acts as Carlos Rodal may reasonably request to assist Carlos Rodal to acquire, perfect and maintain its intellectual property rights and other legal protections for the Feedback.
Carlos Rodal Content
Carlos Rodal may also make available through the Services text, graphics, audio, video and images of works of art (collectively, “Carlos Rodal Content“), some of which is owned by Carlos Rodal (“Carlos Rodal-owned Content“). Carlos Rodal authorizes you to download, view and print Carlos Rodal-owned Content” solely for your personal use in visiting the Services.
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, intellectual property rights or other third party rights; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) harms minors in any way; or (viii) promotes illegal or harmful activities, products or substances.
- Use, display, mirror or frame the Services, or any individual element within the Services, Carlos Rodal’s name, any Carlos Rodal trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Carlos Rodal’s express written consent;
- Access, tamper with, or use non-public areas of the Services, Carlos Rodal’s computer systems or network, or the technical delivery systems of Carlos Rodal’s providers;
- Attempt to probe, scan or test the vulnerability of any Carlos Rodal system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Carlos Rodal or any of Carlos Rodal’s providers or any other third party (including another user) to protect Services, Carlos Rodal Content;
- Attempt to access or search Services, Carlos Rodal Content or download Carlos Rodal Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Carlos Rodal or other generally available third party web browsers.
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Carlos Rodal trademark, logo URL or product name without Carlos Rodal’s express written consent;
- Use Services, Carlos Rodal Content for any commercial purpose or the benefit of any third party in any manner not otherwise permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use Services, Carlos Rodal Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services, Carlos Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Carlos Rodal will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Carlos Rodal may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Carlos Rodal has no obligation to monitor your access to or use of the Services or to remove any Member Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Carlos Rodal reserves the right, at any time and without prior notice, to remove or disable access to any Member Content, Carlos Rodal Content or any other text, graphics, images, software, music, audio, video, information or other content or material that Carlos Rodal, at its sole discretion, considers to be objectionable, in violation of these Terms or otherwise harmful to the Services.
ADDITIONAL TERMS AND CONDITIONS
Sweepstakes and Contests
Carlos Rodal may operate sweepstakes, contests and similar promotions (collectively, “Promotions“) through the Services. You should carefully review the rules (e.g., the “Official Rules“) of each Promotion in which you participate through the Services, as they may contain additional important information about Carlos Rodal’s rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotions. To the extent that the terms and conditions of any Official Rules conflict with these Terms, the terms and conditions of the Official Rules will control.
The Services and Carlos Rodal Content are protected by copyright, trademark and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Carlos Rodal and its licensors exclusively own all right, title and interest in and to the Services and Carlos Rodal Content and Works, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Carlos Rodal Content.
Carlos Rodal respects copyright law and expects its users to do the same. It is Carlos Rodal’s policy to terminate in appropriate circumstances of Members or other Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Carlos Rodal’s Copyright Policy at www.carlosrodal.com/copyright for further information.
The Services may contain links to third-party websites or resources. You acknowledge and agree that Carlos Rodal is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Carlos Rodal of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Termination and Account Cancellation
If you breach any of these Terms, Carlos Rodal will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. Carlos Rodal reserves the right to revoke your access to and use of the Services, Carlos Rodal Content at any time, with or without cause. In the event Carlos Rodal terminates these Terms for your breach, you will remain liable for any amounts due hereunder. You may cancel your Account at any time by sending an email to email@example.com.
Mobile Services and Applications
“Mobile Services” means certain software and services that are available via a mobile device, including: (i) the ability to upload data to the Services via a mobile device; (ii) the ability to use the Services from a mobile device; and (iii) the ability to access certain features through a Mobile Application downloaded from the Services and installed on a mobile device“”.
Wireless Carriers. To the extent you access the Mobile Services through a mobile device, your wireless carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
Notifications and Messages. By using the Mobile Services, you agree that we may communicate with you regarding Carlos Rodal and other entities by SMS, MMS, text message or other electronic means to your mobile device for the purpose of providing the applicable service and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Account information to ensure that your messages are not sent to the person that acquires your old number. In the event that you fail to comply with the obligation to promptly update your Account information when changing or deactivating your mobile telephone number, you accept full responsibility for any of your messages, which may not be delivered or may be sent to the person that acquires your old number.
Mobile Application. Subject to your compliance with these Terms, Carlos Rodal grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the applicable Carlos Rodal Mobile Application on a mobile device that you own or control and to run such copy of the mobile application solely to access the Mobile Services for your own personal non-commercial purposes. Furthermore, with respect to any Mobile Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system); and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
App Stores. You acknowledge and agree that the availability of the Mobile Application and the Mobile Services is dependent on the third party from whom you received the Mobile Application license, e.g., the Apple or Android app stores (“App Store”). You acknowledge that these Terms are between you and Carlos Rodal and not with the App Store. Carlos Rodal, not the App Store, is solely responsible for the Mobile Application and the Mobile Services, the content thereof, maintenance, support services, and warranty thereof, and addressing any claims relating thereto (e.g. product liability, legal compliance, or intellectual property infringement). You agree to pay all fees (if any) charged by the App Store in connection with the Mobile Application and the Mobile Services. You agree to comply with, and your license to use the Mobile Application and the Mobile Services is conditioned upon your compliance with, all applicable third party terms of agreement (e.g., the App Store’s terms and policies) when using the Mobile Application and the Mobile Services. You acknowledge that the App Store (and its subsidiaries) are third party beneficiaries of these Terms and will have the right to enforce them.
Accessing and Downloading the Mobile Application from the Apple App Store. The following applies to any Mobile Application accessed through or downloaded from the Apple App Store:
- You acknowledge and agree that: (i) these Terms are concluded between you and Carlos Rodal only, and not Apple; and (ii) Carlos Rodal, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the Apple App Store terms of service.
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
- In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Carlos Rodal and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Carlos Rodal.
- You and Carlos Rodal acknowledge that, as between Carlos Rodal and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- Without limiting any other terms of these Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
We reserve the right, with or without prior notice, to: change descriptions or references to artworks, products, subscriptions, software or services; limit the available quantity of any artworks, products, subscriptions, software, or services; honor, or refuse to honor, any coupon, coupon code, promotional code or other similar promotions; and/or refuse to provide any user of the Services with any products, subscriptions, software or services. We may modify any points, rewards, or the terms that govern their usage, at our sole discretion, and such modifications may make the points or rewards more or less common, valuable, effective, or functional.
THE SERVICES, CARLOS RODAL CONTENT IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CARLOS RODAL EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. CARLOS RODAL MAKES NO WARRANTY THAT THE SITE, SERVICES, CARLOS RODAL CONTENT OR MEMEBR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. CARLOS RODAL MAKES NO WARRANTY REGARDING THE QUALITY OF ANY WORKS, SERVICES, CONTENT OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CARLOS RODAL OR THROUGH THE SITE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. NO ACTION SHOULD BE TAKEN OR PURCHASE MADE BASED UPON ANY OF THE INFORMATION CONTAINED IN THE SERVICES. YOU SHOULD SEEK INDEPENDENT ADVICE FROM A PROFESSIONAL AND/OR A PERSON WHO IS KNOWLEDGEABLE IN THE APPLICABLE AREA BEFORE ACTING UPON ANY OPINION, ADVICE, OR INFORMATION CONTAINED IN THE SERVICES.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, CARLOS RODAL DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF MEMBERS OR OTHER USERS OF THE SERVICES, NOR DOES CARTLOS RODAL MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF ANY MEMBERS OR USERS OF THE SERVICES. CARLOS RODAL MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
You agree to defend, indemnify, and hold Carlos Rodal, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, Carlos Rodal Content, or your violation of these Terms.
Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Services, Carlos Rodal Content remains with you. Neither Carlos Rodal nor any other party involved in creating, producing, or delivering the Services, Carlos Rodal Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Services, Carlos Rodal Content, or from any communications, interactions or meetings with other Members or users of the Services or other persons with whom you communicate or interact as a result of your use of the Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Carlos Rodal has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
In no event will Carlos Rodal’s aggregate liability arising out of or in connection with these Terms or from the use of or inability to use the Services, Carlos Rodal Content exceed: (i) if you are a Member who has purchased original work of art, the total payments that you made to Carlos Rodal for the original artwork that are the subject of a claim. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Carlos Rodal and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Carlos Rodal used herein are trademarks or registered trademarks of Carlos Rodal or its licensors. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
These Terms and any action related thereto will be governed by international laws without regard to its conflict of laws provisions.
Waiver of Class Action Rights and Dispute Resolution
BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE INDIVIDUALLY ASSERTED.
Limitations on Actions
Any action concerning any dispute with respect to the Services must be commenced within one (1) year after the cause of the dispute arises, or the cause of action is barred.
Users from Other Jurisdictions
The Services are controlled and operated by Carlos Rodal from the Mexico. We do not represent or warrant that the Services, or any part thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Services, do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You also are subject to Mexico export controls in connection with your use of the Services and are responsible for any violations of such controls, including, without limitation, any Mexico embargoes or other federal rules and regulations restricting exports. We may limit the availability of the Services, in whole or in part, to any person, geographic area or jurisdiction that we choose, at any time and in our sole discretion.
These Terms constitute the entire and exclusive understanding and agreement between Carlos Rodal and you regarding the Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between Carlos Rodal and you regarding the Services.
You may not assign or transfer these Terms, by operation of law or otherwise, without Carlos Rodal’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Carlos Rodal may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by Carlos Rodal via email (in each case to the address that you provide) or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
The failure of Carlos Rodal to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Carlos Rodal. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Contacting Carlos Rodal
If you have any questions about these Terms, please contact Carlos Rodal at firstname.lastname@example.org.
If you have a complaint, you may contact us at Carlos Rodal’s legal department:
Attn: Legal Department
Col. Vallarta Norte
CP 44690Guadalajara, Jal. Mexico
Copyright © 2019 Carlos Rodal. All Rights Reserved.