Términos y Condiciones

Welcome to www.arteallimite.com (the Site) a Web site operated by Arte Al Límite. By accessing, use, or purchasing our products in our site, you agree to be linked by all Terms and Conditions in, and linked to these Terms of Service (“Terms of Service” or “TOS”) IF YOU DO NOT WISH TO BE LINKED BY THIS TOS, YOU MAY NOT ACCESS OR USE THIS SITE OR PURCHASE ANY PRODUCTS. If you have any questions or concerns regarding this statement, you should contact us in info@arteallimite.com Francisco Noguera 201, Providencia, Santiago Chile.

Before you can become a member of Arte Al Límite, you must read and accept all terms and conditions of the Terms of Service. The Terms of Service are effective from August 18, 2014 for current users, and after acceptance for new users.

Description of Services

The site Arte Al Límite provides information and access to art sales to users. You are responsible for obtaining access to the site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and be responsible for all the necessary equipment to access the site.
Procedure to the use of this site
The steps for conducting transactions on the page will be duly explained and easy to understand by users. The fact of advancing in the various stages voluntarily, correspond to accept the conditions proposed here. The corresponding addresses will be given to correct errors in the data consumer.

License and Site Access

Arte Al Límite grants you a limited license to access and make personal use of this site and service. This license does not include any downloading or copying of account information for other provider benefit or any other third party; unauthorized hypertext links on the site and the formulation of any Content available through the loading site, post or transmit any content that you have no right to make available (such as intellectual property of a third party); upload, post or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose an unreasonable or disproportionately large load on the infrastructure of Arte Al Límite; or any use of data mining, robots, or similar data gathering and extraction data. You can not ignore the measures used by Arte Al Límite to prevent or restrict access to the site. Any unauthorized use will terminates the permission or license granted to you by Arte Al Límite.

Membership Eligibility

The Arte Al Límite sales service is not available for users under the age 18. Users may not have more than one active account. In addition, users are prohibited from sale, trade, or transfer their Arte Al Límite account to elsewhere. If you do not qualify, you may not use the Service of Arte Al Límite or the site.

Your Account

In consideration of your use of the site, you declare that you are of legal age to formalize a binding contract and it is not an impediment from receiving services under the law. You also agree to provide true, accurate, current and complete information about yourself as requested by the registration form of the site. If you provide some information that is false, inexact, outdated or incomplete (or it becomes false, inexact, outdated or incomplete), or Arte Al Límite has reasonable reasons to suspect that this information is false, inexact, is not updated or incomplete, Arte Al Límite has the right to suspend or to cancel your account and to deny the present or future use of the site (or any portion of it.) If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur in your account or password. Due to this, we strongly recommend that you log out from your account at the end of each session. You agree to notify immediately Arte Al Límite of any unauthorized use of your account or any other violation of security. Arte Al Límite reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.

User Registration

Personal data provided by the user will be used exclusively for the proper functioning of the page. Arte al limite.com reserves the right to use this information in order to provide a better service to clients by sending information through the information channels provided by the user. The veracity of the information provided by the users is their own responsibility and Arte Al Límite reserves the right to check the veracity of this information. Any problem or extra costs arising out of inaccurate data (whether inadvertently or not) is the sole responsibility of the user.

Password

The Artists will have a username and password, wherewith they can enter to manage their account in the site. The password is personal and allows secure access. The password can be changed at any moment, following the pre- established mechanism. The user is solely responsible for the confidentiality of the password. The misuse of password or use by parties other than the user is not responsible of and Printed Editions.

User rights in the site

The person enjoys all the rights recognized by the legislation on consumer protection in existing in Chile. The person enjoys the rights of information, correction and cancellation of personal data. The simply visit of the consumers to the page does not force them to anything, unless they have accepted the terms and conditions that they say. The site content, also the design and structure is protected by copyright laws of intellectual property and is exclusive of arte al limite.com Ltda.

Orders

These Terms of Use, together with any additional terms on the site will govern any order placed through the Site or Services (including by phone) for the products. Arte Al Límite only ships currently to addresses in Chile. Your placement of an order throughout the site is an offer to purchase the product (s) you ordered and we can accept your order by processing your payment and shipping of the product (s). For whatever reason, we can not accept your order or any part of your order. Without order will be considered accepted by Arte Al Límite until the product (s) has been sent. If we refuse to accept your Order, we will try to notify to the email address that you provided. Any estimated delivery date provided by Arte Al Límite depends on product availability and payment processing time. All products TOS will be considered accepted by you upon shipment and ownership and the risk of loss passes to you when Arte Al Límite provides the product (s) to a common carrier (where appropriate.)

Payment

To pay for an order, you will need to provide the necessary information to Arte Al Límite to process your order, including your shipping address and billing information required on the site to pay for such an order. You can pay your order by credit card, PayPal, WebPay or any other form available on the site. When you send your payment information to us, you authorize us to charge the method of payment applicable to our convenience but within thirty (30) days of credit card authorization. You manifest that you will not use payment unless you have necessary authorization to do it.

Products or services, unless clearly stated otherwise, may be paid through the following payment methods: Credit Cards associated with TRANSBANK, Paypal and bank transfer. The site can put certain restrictions according to different payment methods. The related data with bank cards (number, expiration date, security number, quotas, locks, etc.) are handled through the WEBPAY PLUS platform, so Editions and Printed bears no responsibility for the pointed aspects.

Formation of consent in contracts through this site

Artists will offer works of art for sale that can be accepted through the web platform. All sales are abided to the acceptance and validation of the transaction by the exhibitor. For this, both the exhibitor and Arteallimite.com should check the following: There is available stock at the time of purchase – that validates and accepts the payment method – Data validation when purchase is done with those that appear in the register of the person.

The user validation will be realized via email by the person interested in the transaction or by other method that ensure the users own validation. The validation is confirmed from the moment that the user information is sent.

Dispatch of products

Purchased products will be abided to the dispatch conditions and delivery chosen by the user and available on the site. The delivery address of the products is responsibility of the person that is making the purchase. Delivery times run from the moment that the purchase and the payment method are validated. Days for meeting deadlines, correspond to working days. It may take about 10 business days maximum in dispatching to the Metropolitan Region, 15 working days maximum for Regions and 20 days abroad. Dispatches are not realized to addresses that correspond to mail box. The state and quality of the product upon delivery is the sole responsibility of the artist. Products for any reason can not be delivered at the address indicated by the user, they will be sent to the offices of Art Al Límite Ltda. It is the sole responsibility of the user to manage directly to Arte Al Límite for the removing of the work. To do this, you must write to the following email: info@arteallimite.com

Process of changes and return of product

The change and return of products is the sole responsibility of the artist, without prejudice to that Arte Al Límite will care to ensure a channel of communication between the artist and the user. The changes and returns of products are made only in the territories where the dispatch has access. In case that refunds or changes are effective, dispatch extra costs will be borne to the user, unless the artist or Arte Al Límite clearly specifies otherwise. To request a change, you must contact directly to Arte Al Límite.

Use of the personal data registered on the site

Personal data is needed to make the purchase and participate in certain areas of the site reserved for registered people. There will be an option to disassociate of any type of information that is sent by mail.

Validity of the offers contained on this site

The prices of the products showed on the site are not binding for other sale channels in which the artists offer their products. The artists can change prices, conditions, stock, and published services at any time without prior notice to the user. Exhibitors and Arteallimite.como own content can be modified at any time without prior notice. The changes are unilateral, unless it is received acceptance of purchase by the user. In this case, both arteallimite.com as exhibitors must respect the conditions of supply and validation in the Formation of consent in contracts through this site

Promotions

The rules and conditions which will be affected any settlement will be published at the time of the settlement becomes effective. Any promotion or discount publicized by Arteallimite.com, is its sole responsibility

Prices and products

We make efforts to show our products and their colors as accurately as possible. Having said this, the displayed colors of the products will depend on your monitor and we can not ensure that your monitor accurately portray the actual colors of the products. The showed products may be not available, and prices are subject to changes. We can not confirm the price or availability of a product until you place an order. Despite our best efforts, a small number of items on our site may be incorrectly priced. We are not responsible for typographical errors in price or any other matter. All prices do not include shipping and handling or taxes to sales, in that case, will be added to your total purchase price. You are responsible for paying of any shipping and handling charges and state and local sales or use taxes that may apply to your order.

Submitted Content

Arte Al Límite does not claim ownership of the materials you make available through the Site. At the sole discretion of Arte Al Límite, such materials may be included in the complete service or in part, or in a modified form. With regard to the materials you submit or make available for your inclusion on the site, you grant to Arte Al Límite, a perpetual license, irrevocable, no terminable, worldwide, royalty-free, and nonexclusive license to use, copy, distribute, publicly displayed, modify, create derivative works, and sublicense such materials or any part of TOS. You declare, warrant and agree that all materials supplied by the user do not include anything (including but not limited to text, pictures, music or video) that they have every right to grant the license specified in this section Four.

Warranty disclaimer

ALL THE CONTENT, PRODUCTS AND SERVICES IN OR OBTAINED DROM WEBSITE WHICH IS LINKED TO THE SITE ARE OFFERED TO USER “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED INCLUDING, BUT NOT LIMITED THE WARRANTIES OF COMERCIALIZATION AND APTITUDE FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.

ARTE AL LÍMITE DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (OR) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PART OTHER THAN ARTE AL LÍMITE, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE.

NOT REQUIRED BY APPLICABLE LAW CONSUMER PROTECTION, under any circumstances ARTE AL LÍMITE WILL BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. It IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER AVAILABLE CONTENT THROUGH THE SITE, NOT EVEN OBTAINED FROM A LINKED SITE. PLEASE CONSULT TO PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCTS, SERVICES OR OTHER CONTENT.

Electronic Communication

When you use the site or send emails to Arte Al Límite, you are communicating to Arte Al Límite electronically. You give consent to receiving communications electronically from Arte Al Límite and its Affiliated Site (as is defined in privacy policy) Arte Al Límite communicates with you by email or by publication notices on the site. You agree all agreements notices, disclosures, and other communications offered electronically to you and satisfice any legal requirement that such communications be written.

Site Mail and Publications

The site may offer the possibility to send emails to other users, non- users, and for publishing messages on the site. Arte Al Límite has no obligation to review any message information or published content by users on the site, and does assume no responsibility or obligation in relation to any kind of publications. However the foregoing, Arte Al Límite from time to time may monitor publications on the site and can deny accepting or removing any email or messages. You understand and accept to not use any provided functionality from the site to publish content or to start communication that may have:

(i)Any harmful threatening, abusive, harassing, unlawful, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international.

(ii)Any kind of announcements or requests.

(iii)To impersonate any other user, of provide any kind of false information.

(iv)The personal information such messages with telephone state numbers, social security number, account numbers, addresses or references about the employer.

(v)Employer’s messages no- spokesperson of Arte Al Límite that expects to talk on behalf of Arte Al Límite or contains confidential information or expressing opinions about Arte Al Límite.

(vi)Messages that offer non- authorized download of any information with author rights or private.

(vii)Several messages placed within individual folders by the same user reiterating the same point.

(viii)Any kind of chain.

(ix)Same (or substantially similar) messages to several addressees, advertising of any product or service, that expresses a similar message, policy or other, or any kind of commercial message non- requested. This prohibition includes but is not limited to: a) The use of www.arteallimite.com invitations to send messages to people that does not know you or have few possibilities to recognize you as a known contact; b) The use of www.arteallimite.com to connect people that do not know you and later the sending of non-requested promotional messages to those direct connections without your permission; c) The sending of messages to distribution lists, news groups, or alias of group.

Links

The site or third parties will provide links to other sites or resources of the World Wide Web. Due to Arte Al Límite does not have control on sites and resources; you recognize and accept that Arte Al Límite is not responsible for availability of these sites or external resources, and does not support and it is not responsible of any content, advertising, products, other materials or these sites or resources. In addition, you recognize and accept that Arte Al Límite will not be directly or indirectly responsible or obligated, for any damage of loss caused or supposedly caused by connection with the use or confidence of any content, available goods and services throughout any site or resource.

Social Networks

In the use of certain services, you authorize to act in your name to access and interact with social network sites such as Facebook and Twitter (of any site, a “SN site”) to recover information from or sending information to SN sites in your request. We will not compile your user name and password, and instead of store the unique authorization code (or a “token”) and provide us the SN site to accesses it in your name. You may revoke our access to a SN site in any moment through the modification of the appropriate configuration of your account on that site. In some cases, it is possible that will also allow revoking this access to our site. You must consider that a SN site may change or modify its guidelines and our access to it in any moment, and we may not ensure that our services always include a connection to the SN site.

Access to password in protected areas / secure

The access and use of protected password or safe areas of the site is only restricting to authorized users. Non- authorized individuals who try to access to this areas on the site may be prosecuted.

Modification and Change Notification

Arte Al Límite reserves the right to make changes on the site, related policies and agreements, TU and the privacy policy at any moment. If Arte Al Límite makes a material modification to this TOU, it will notify throughout of:

(i) The sending of an email to the associated address of your account. Arte Al Límite is not responsible for the failure by receiving an email due to actions of your internet service provider or any service of filter of email; therefore, must be added to the list of approved domain for sending an email (commonly known as its “white list”); and
(ii)
Showing highlight advertising above the text of this TOU or the privacy policy, if any, for thirty (30) days, (i) announcement and (ii) shall be deemed sufficient notice of such changes.
After that the notification of a modification of the TOU or the Privacy Policy has been published during 30 days, the announcement will be removed and a brief description of the modification and the date of the beginning of the notification will be put at the historic modification section at the end of User Conditions and Privacy Policy. If you have not used the site for more than 30 days, you may check these two sections for any modification of the TOU or the Privacy Policy prior to any further use of the site. To cancel your account, due to a modification of the TOU or the Privacy Policy, you can do so by sending an email with the subject “termination” to the following email address: info@arteallimite.com. If you continue using the site, you agree that doing so is deemed to accept the new TOU or Privacy Policy, as appropriate.

Trademarks

The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Arte Al Límite and elsewhere. Users are prohibited from using any Marks for any purpose, including but not limited to use as metatags on other pages or sites on the World Wide Web without the written consent of Arte Al Límite or the third party that may own the brands. All information and content including software programs available through the site (“Content”) are protected by copyright. Users are prohibited to modify, copy, distribute, transmit, display, publish, sell, give license, create derivative works or using any available content through the site for commercial or public purposes.

Procedure for Making Claims of Intellectual Property Violation

Arte Al Límite respect other’s intellectual property, and we request to our users to do the same. Arte Al Límite, in appropriate circumstances and at its discretion, disables and / or terminates the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes an infringement of copyright, or your intellectual property rights have been otherwise violated, please provide Agent Arte Al Límite Copyright the following information:

(i)An electronic or physical signature of the authorized person to act on behalf of the owner of the copyright or other intellectual property interest;

(ii)A description of the copyrighted work or other intellectual property that you claim that has been violated;

(iii)A description where the material that is considered that infringes is at the site;

(iv)Its address, telephone number and email;

(v)A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(vi)A statement, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright or intellectual property or you are authorized to act on the copyright or owner’s name of the intellectual property.

Agent of Arte AL Límite for claim notifications of copyright or other intellectual property infringement can be reached as follows:

By email: Contact Arte Al Límite
Francisco Noguera 201
Providencia
Santiago
Chile
EE.UU
By email: info@arteallimite.com.

Arte Al Límite may update this email address from time to time. The user agree that changes to this email does will not constitute a modification of this TOS for the purposes of Section 12.

The Survival of Terms after Final Agreement

However, any other provisions of these TOS, or any general principles of law to the contrary, any arrangement is TOS terms of service that impose or contemplates continuing obligations on a party will survive the expiration or termination of this TOS.

System Failures

Arteallimite.com is not responsible for any loss of information due to Internet connection problems. Arteallimite.com is not responsible for any viruses that may affect the user as a result of the use of the site. The access and continued or uninterrupted use of the site is not ensured. Users and artists may not require compensation of any kind, if the case that the page does not work, unless the interruption of operation of the website is due to serious negligence or willful misconduct of Arteallimite.com, in which case the compensation or indemnification will be evaluated exclusively by Arteallimite.com. Once the work is paid, the user or artist will not be allowed to request new compensations arising from the same event.

General

You are responsible for fulfilling with all applicable laws. The Terms of Service and the relation between you and Arte Al Límite, it shall be governed by the laws of Chile, without giving effect to any choice of law principles that would require the application of the laws of a different state or country. Any legal action, claim or proceeding arising out of or relating to the Service Conditions, or the use of the site or services, it must to be presented only in the courts located in Chile and in any other jurisdiction.