TERMS AND CONDITIONS

The Museum may offer on or through the Website various sections, areas, functions or services, including access to content, images, products, online services, text, graphics or videos.

Access to and use of certain sections, areas, services or functions of the Website may be subject to particular rules of use that may supplement and/or modify these Terms. In order to access or use such sections, areas, services or functions, you must agree to such particular rules of use, as they may be amended from time to time. In the event of any inconsistency between these Terms and the particular rules of use, notices, guidelines and/or rules set forth above, such particular rules of use shall prevail.

The Museum reserves the right to set a monetary fee or other requirements as a condition of your use of one or more of the sections, areas, services or features available on the Website.

You must pay in a timely manner:

1. Any applicable fees, costs or charges related to your use of or access to the Website (including payment for any goods or services purchased on or through the Website); and
2. Any applicable taxes related to access, use or transactions made on or through the Web Site (including, but not limited to, Sales and Use Tax, Value Added Tax, or any other similar tax).

To access the Website, you must have your own Internet access, as well as a computer or mobile device (including, but not limited to, smartphones or tablets), with sufficient capacity and, in addition, appropriately programmed and/or configured to support the applications that allow you to access and use it. Some sections, areas, services or functions of the Website may require specific software, applications or equipment or devices to access them.

The Museum may expand, change, suspend, cancel, limit, terminate or discontinue, in whole or in part, the Website at any time without notice, including the availability of any feature, service or content available on or through the Website.

The domain name www.museoarteponce.org is owned by The Luis A. Ferré Foundation, Inc., its address is 2325 Blvd. Luis Ferré Aguayo, Ponce, Puerto Rico 00717.

All the contents of the Website, texts, graphics, images, videos, its design and the intellectual property rights that may correspond to said contents, as well as all trademarks, commercial names or any other distinctive sign are the property of the Museum or their legitimate owners, and all rights over them are reserved. The Museum is not responsible for the use by third parties of the content, text, graphics, images, video or services available on or through the Website.

The Website, as well as any content, materials, or services available on or through the Website are made available for limited non-commercial, educational, and personal use only. Users may access the Website for their own non-commercial use, subject to any additional conditions or restrictions that may be applicable to the file or its individual application.  The Museum grants limited, revocable permission for you to access or view content, images, text, graphics or videos and, only in those cases where the tools the Museum may provide so permit, to print or download certain content available on or through the Website, for strictly personal and non-commercial purposes only.

You agree not to reproduce, duplicate, download, copy, distribute, sell, exploit for commercial purposes or use for any other purpose not authorized in writing by the Museum, in whole or in part, any content, images, text, graphics or video accessed or made available on or through the Website.

Users may not remove any copyright, trademark, or other proprietary notices, including, but not limited to, notices of limitation, credit, and copyright information that have been placed near the content by the Museum.

The Museum may offer authorizations or licenses for the use of images at a higher resolution and size through the copyright services available on the Website. Such authorizations or licenses shall only be deemed granted by the Museum when in writing and shall be subject to any limitations and conditions imposed by the Museum (including payment of any fees set or required by the Museum).

You may not download, print, reproduce, copy, distribute or use the content, materials or services available on the Website for commercial purposes, including commercial publication or personal gain, without the Museum's prior written permission.

Access to or use of the content available on or through the Website and the use that may be made of the information contained therein is the sole responsibility of the user. The Museum is not responsible for any consequences or damages that may arise from accessing, visiting, or using this Website or its contents, including computer data and the introduction of viruses.

The Museum cannot guarantee that there are no errors in the content of its websites or pages (including the Website). The information or content disseminated by this medium is for information purposes only, and the Museum reserves the right to remove or suspend its dissemination, in whole or in part, and to modify the structure and content of any website or web page without prior notice, and may even limit or deny access to such information. The Museum does not guarantee that this Website will not be interrupted or affected by faults.

The Website and its contents are provided on an “as is” and “as available” basis.  The Museum makes no warranties of any kind, express or implied, about the Website or its contents and, in particular, makes no warranties of merchantability, fitness for a particular purpose or non-infringement of proprietary rights. The Museum expressly disclaims to the fullest extent permitted by applicable law all express, implied and non-infringement warranties.   

To the extent that any applicable law does not allow the disclaimer, exclusion or limitation of certain warranties, the foregoing provisions shall only apply to you to the maximum extent permitted by applicable law. 

You agree that the Museum shall not be liable for any damages or losses related to your access to, use of, or viewing of the Website or its contents, even if foreseeable or unknown or unknowable, including but not limited to: (a) loss of business; (b) loss of profits; (c) loss of goodwill; (d) loss of data; (e) loss of opportunity; (f) loss of reputation; (g) direct, indirect, incidental, special or consequential loss or damage; or (h) any other ordinary or extraordinary damages. To the extent that any applicable law does not allow the foregoing limitation of liability, such limitation of liability shall only apply to you to the maximum extent permitted by applicable law.  

You agree and undertake to defend, indemnify and hold harmless the Museum from and against any and all claims, civil or criminal liabilities, liabilities, risks, fines, charges, costs, losses, damages, expenses, costs (including reasonable attorneys’ fees) due to, related to or arising (directly or indirectly) out of: (1) negligent or intentional acts or omissions committed by you or your agents or representatives; (2) for breach of any law, rule, regulation, ordinance or any other legal obligation which may be applicable to you and/or which you are required to comply with; (3) any breach or violation of any obligation, agreement, warranty or representation by you contained in this notice, or in any other rules or policies hereinafter referred to or hereafter issued by the Museum; and/or (4) infringement of copyright, moral copyright, trademark rights, patent rights, trade secrets, privacy rights, right of publicity, right of privacy, right of publicity, or any other rights of the Museum or any third party.

The Museum shall have absolute discretion to accept and/or store content generated, provided, shared, submitted, uploaded, transmitted, or downloaded by you in any format, in connection with, through, or as part of the Website. The Museum will not compensate you for content that you generate, supply, share, post, transmit, upload, transmit and/or download in any format, in connection with, through, or as part of the Website. 

Any content generated, provided, shared, posted, transmitted, uploaded, downloaded and/or stored by you in any format, in connection with, through, or as part of the Website in a manner that implies that it could directly or indirectly be or become available for public or third party use, review or access, is public content that may be disclosed by the Museum to third parties without limitation.  The Museum may disclose to third parties without limitation the name, identity, user name or screen name, image, photo, avatar or other information that you generate, provide, share, submit, transmit, upload, download and/or store such content.

By generating, providing, sharing, submitting, sending, transmitting, uploading, downloading and/or storing content in any format, in connection with, through, or as part of the Website you grant the Museum, or any other person designated by the Museum, a perpetual, non-exclusive, royalty-free, worldwide license to reproduce, copy, store, edit, modify, adapt, summarize, quote, create derivative works from, publish, incorporate into databases, include in collective works or compilations, disclose or publicly communicate, transmit, distribute, represent, perform, publicly perform, publicly display, broadcast, license, sublicense, or otherwise use or commercially exploit such content, in whole or in part, alone or in conjunction with other content, in any form and/or through the Website or any media or technology now known or later developed. You agree and undertake to execute, sign or submit any documentation that the Museum may reasonably require to evidence and enforce this license. You waive any moral rights of integrity you may have as a result of any modification, alteration or change made by the Museum to any content generated, provided, shared, submitted, uploaded, transmitted, downloaded or stored by you. 

You acknowledge and agree that the Museum does not endorse any content generated, provided, submitted, shared, uploaded, transmitted, downloaded or stored by you or any other user, and assumes no responsibility or liability in connection with the content of any such content, including, without limitation, any threat, libel, slander, defamation, obscenity, harassment, or offense or that violates the rights of any third party (such as, but not limited to, privacy rights, intellectual property rights, privacy rights, right of publicity, or rights to own’s image) or induces the commission of a crime. 

The Museum reserves the right (but not the obligation) to review or monitor, without prior notice or cause, the content provided, shared, sent, uploaded, transmitted, downloaded or stored by you and to prevent or reject its use, publication, transmission or dissemination to third parties in the event that, in the sole opinion of the Museum, it is contrary to these Terms, the law, morals, good customs or public order.

You acknowledge and agree that the Museum shall have the right (but not the obligation) to, in its sole discretion or without prior notice, reject or remove any content that you generate, provide, share, post, transmit, upload, download and/or store in connection with, through, or as part of the Website and that you shall be solely responsible for any infringement of third party rights caused by content generated, provided, shared, posted, uploaded, transmitted, downloaded or stored by you. Without limiting the foregoing, the Museum shall have the right to refuse or remove any content that violates these Terms or that the Museum deems objectionable for any reason. The Museum may, in its sole discretion, immediately and without notice or liability, terminate your access to and use of the Website and hold you responsible for any liability that may arise from content provided by you.

You acknowledge and agree that the Museum may, in its sole discretion, preserve content generated, provided, shared, submitted, uploaded, transmitted, downloaded or stored by you. You acknowledge and agree that the Museum may disclose such content or material if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to: (a) comply with a legal requirement, (b) enforce these Terms, (c) defend against claims relating to such content, or (d) protect the rights, property, or safety of the Museum, third parties, their employees, or you.

By generating, providing, submitting, transmitting, uploading, downloading and/or storing in connection with, or as part of, the Website, you represent and warrant that: (i) the content generated, provided, shared, submitted, sent, uploaded, transmitted, downloaded or stored is wholly original and that you own all rights in such content and/or have the right to authorize the licenses you hereby grant to the Museum; (ii) the use, display, reproduction, publication, or distribution of the content generated, provided, shared, submitted, uploaded, transmitted, downloaded, or stored by you does not violate any privacy, publicity, copyright, moral rights, trademark, patent, trade secret, trade dress, contractual, or any other right of any person; (iii) the use, display, reproduction, reproduction, publication, or distribution of the content generated, provided, shared, posted, uploaded, transmitted, downloaded or stored by you does not violate any law, rule, regulation, ordinance or other legal obligation that may be applicable to you and/or with which you are required to comply; (iv) you have not entered into any agreements, grants, contracts, licenses or made any commitments that may conflict with, contrary to or limit the Museum's exercise of any license granted in respect of the content you have generated, provided, shared, submitted, uploaded, transmitted, downloaded or stored; and, (v) there is no claim or action pending, filed or threatened that may affect the licenses you grant to the Museum for the content you have generated, provided, shared, shared, submitted, uploaded, transmitted, downloaded or stored. You are responsible for payment of all royalties, fees, and any other compensation due to any person for any content generated, provided, shared, shared, submitted, uploaded, transmitted, downloaded, or stored by you. The Museum shall have no obligation to conduct any independent investigation to determine whether the representations made above are true and correct; and any investigation by the Museum to that effect, whether directly or indirectly, shall not constitute a defense to any action that may be brought based on a breach of the representations made herein.

Responsibility for use of the Website rests with the user. Use of, or access to, the Website through any equipment or device may result in charges to be imposed and collected by the operator and/or service provider (including, but not limited to, telecommunications service providers or Internet access providers) selected by you. You will be responsible for any charges and/or costs incurred by you, including, without limitation, the payment of taxes and other applicable fees.

If any registration is required to access certain content on the website, you are responsible for providing truthful and lawful information and data. In this process, the user is provided with a password which must be used diligently and confidentially. You may access and use certain sections, areas, services or functions of the Website only if you register. You must provide the information requested on the online registration form designated from time to time by the Museum or otherwise requested, truthfully, accurately and completely. If you provide (or the Museum believes that you have provided) any false, inaccurate or incomplete information or impersonate any other person, the Museum may refuse and terminate your registration, account or connection. You agree that you are solely responsible for the diligent use of your username, credentials and password. You also agree to keep your password, credentials, and username confidential, and you release the Museum from any and all liability for any damages resulting from the use of your username, credentials, or password by any third party. You must immediately notify the Museum of any unauthorized access to and/or use of your username, credential or password by a third party.

By registering, accessing or using the Services, you agree and acknowledge that you have read and accepted the Privacy Policy. The Privacy Policy can be accessed by here.

You agree to make proper use of the Website in accordance with the following and not to use the Website to: engage in activities that are illicit, illegal or contrary to good faith and public order; disseminate content or propaganda of a racist, xenophobic, pornographic-illegal, anti-terrorist or human rights nature; cause damage to the physical and logical systems of the Museum, its suppliers or third parties; introduce or disseminate computer viruses or any other physical or logical systems that may cause the aforementioned damage; and/or attempt to access and, where appropriate, use the email accounts of other users and modify or manipulate their messages.

The Museum reserves the right to remove all comments and contributions that violate respect for the dignity of the individual, that are discriminatory, xenophobic, racist, pornographic, that violate youth or childhood, public order or safety, or that, in its opinion, are not appropriate for publication.

In any case, the Museum will not be responsible for the opinions expressed by users through forums or other participation tools that may be developed.

Any person who becomes aware that someone is accessing and/or using the Website in breach of this notice or in any other way prohibited by law or regulation must immediately notify privacidad@museoarteponce.org.

Any person who believes that a copyrighted work that has been copied, published, displayed or otherwise used on this Web Site in any way infringes any copyright, intellectual property right or other proprietary right in such work or any other right of any person may notify the Designated Agent. Such notification must be in writing and must comply with the requirements specified in the Digital Millennium Copyright Act of 1998 (17 U.S.C.A. §512(c)3).

These requirements can be reviewed on the Copyright Office's website at: http://www.copyright.gov/title17/92chap5.html#512. The notice must contain substantially the following:

1. A physical or electronic signature of a person authorized to act on behalf of or in the name of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Museum to locate the material.
4. Information reasonably sufficient to permit the Museum to contact the person claiming or alleging infringement, such as an address, telephone number, and, if available, an electronic mail address at which the person claiming infringement may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner described in the notification is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Any person who has a good faith belief that his or her work has been removed from the Museum as a result of a mistake or misidentification may send a written counter-notification to the Designated Agent. Such counter-notification must be in writing and must comply with the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 (17 U.S.C.A. §512(g)2 and (3)). These requirements can be reviewed on the Copyright Office's website at: http://www.copyright.gov/title17/92chap5.html#512. The counter-notification must contain substantially the following:

1. A physical or electronic signature of the subscriber of the counter-notice.
2.  Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or it was disabled.
3. A statement under penalty of perjury that the subscriber of the counter-notice has a good faith belief that the material has been removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. The name, address, telephone number of the subscriber of the counter-notice, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which such address is located, or if such address is located outside the United States, in any Federal District Court for the judicial district in which the Museum is located, and that the subscriber of the counter-notice will agree to receive service of process from the person who provided the notice described above or his or her agent.

The Designated Agent to receive notices and counter-notices of copyright infringement is: María Magriñá-Catinchi. The Designated Agent's contact information is as follows: Museo de Arte de Ponce, 2325 Blvd. Luis A. Ferré Aguayo, Ponce, Puerto Rico, 00717. Phones: 787-840-1510 / 1-800-600-1510, email: privacidad@museoarteponce.org.

Notwithstanding any other provision of this notice, this notice reserves the right, in its sole discretion and in appropriate circumstances, to terminate, cancel or disable, immediately and without notice, the use of and access to the Web Site, registration, account or account login or password of, any person who has repeatedly infringed copyright or intellectual property rights.

You acknowledge that certain third-party websites, information or content may be made available through links and/or advertisements placed on or through the Website.  These links and/or advertisements connect you directly to such third parties’ portals, applications, websites or web pages, and are available on or through the Website.  Such third parties are solely responsible for ensuring that their content, services, products, goods, offers, commercial promotions, and/or advertisements are offered, produced, designed and/or prepared in accordance with any applicable laws. You agree and acknowledge that the Museum is not and shall not be responsible or liable for any third-party content, services, products, offers, and/or promotions. Furthermore, any communications and/or transactions entered into by you with respect to such content, services, offers, goods, products and/or commercial promotions are solely between you and such third parties.  You further acknowledge that the Museum does not intervene in, control, sponsor and/or endorse the content, services, products and/or commercial promotions provided by third parties on and/or through the Website and that the Museum does not control or exercise any prior control over the legality, reliability, authenticity and/or usefulness of such content, services, products and/or commercial promotions.

If any provision of this notice is held by a court of competent jurisdiction to be void, invalid, illegal, unconstitutional or otherwise without legal effect, in whole or in part, the remaining provisions shall remain in full force and effect and shall continue to bind the parties for all legal purposes.

The Museum, in its sole discretion, may deny, withdraw, suspend, suspend, block and/or terminate at any time, without prior notice, access to and/or use of this Website (in whole or in part) to any person who fails to comply with these Terms, or for any other legitimate reason that warrants such action. You release the Museum from any and all liability, damage or loss that may result from termination of your access to and/or use of the Website (in whole or in part).

These Terms are subject exclusively to the laws of the Commonwealth of Puerto Rico. Any dispute or controversy between you and the Museum arising out of your access to and/or use of this Website may only be resolved in the courts of the Commonwealth of Puerto Rico. In the event that you are domiciled outside of Puerto Rico, you voluntarily submit to the jurisdiction and venue of the courts of the Commonwealth of Puerto Rico, and waive any defense of lack of jurisdiction and/or venue.

This Website is owned and operated by The Luis A. Ferré Foundation, Inc. If you have any questions about these Terms and Conditions or this Website, you may contact us by email at privacidad@museoarteponce.org or by phone at 787-840-1510.   The Museum's main offices are located at 2325 Blvd. Luis Ferré Aguayo, Ponce, Puerto Rico.