Terms and Conditions

1. Accepting These Terms

This document, along with the Terms for Buyers and Terms for Sellers, comprise our Terms of Use.

The Terms of Use are a legally binding contract between you and Altamira Art Inc ("Altamira"). These Terms of Use govern your use of the Service and the Website. We'll refer to these as the "Terms" or "Terms of Use".

Please note that Section 9. Disputes with Altamira, contains an arbitration clause and class action waiver. By agreeing to the Terms of Use, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions. *

This contract sets out your rights and responsibilities when you use Altamira.art, our mobile app, and the other services provided by Altamira (we'll refer to all of these collectively as our "Services"). By using any of our Services (even just browsing one our website), you're stating that you have read and understand, and agree agreeing to the Terms. You agree that these terms incorporate and include Altamira's Privacy Policy.

Depending on how you use the Services sometimes additional terms may apply to you. For example if you are selling an item you are subject to our Rules for Sellers, and if you are buying something, you are subject to our Terms for Buyers. If you are participating in our referral program, you are subject to our Referral Terms. All of these policies are a part of our Terms, so be sure to read the ones that are relevant for you.

2. Your Account with Altamira

You'll need to create an account with Altamira to use some of our Services. Here are the rules governing accounts with Altamira:

A. You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use Altamira or the Services. You are responsible for any and all account activity conducted by a minor on your account, and there may be commercial products or services available that you may want to consider to limit a minor's access to material online.

B. Provide accurate information about yourself. It's prohibited to use false information or impersonate another person or company through your account.

C. Choose an appropriate name for your account. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone's intellectual property rights, or otherwise violates the Terms.

D. You're responsible for your account, and you may not have more than one active account. You're solely responsible for any activity on your account. If you're sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you're registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Your accounts are not transferable. You are prohibited from selling, trading, or otherwise transferring your Altamira account to another party.

E. Protect your password. As we mentioned above, you're solely responsible for any activity on your account, so it's important to keep your account password secure.

F. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Altamira has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Altamira has the right to suspend or terminate your account and refuse any and all current or future use of the Website and Service (or any portion thereof)

G. These Terms don't create any agency, partnership, joint venture, employment, or franchisee relationship between you and Altamira.

3. Your Content; Our Content

YOUR CONTENT

Content ("Your Content") that you post using our Services is your content. We don't make any claim to it, which includes anything you post using our Services (like names, profile pictures, photos, descriptions, critiques, comments, videos, usernames, etc.).

A. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you're not infringing or violating any third party's rights by posting it.

B. With respect to any of Your Content you submit or make available through the Website or Service (other than personal information, which is handled in accordance with the Privacy Policy) you grant Altamira a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote Altmira, or the Services in general, in any formats and through any channels, including across any Altamira Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You hereby represent, warrant and covenant that any Content you provide (i) does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant such a license to Altamira, and (ii) Altamira's authorized use thereof, does not and will not infringe the rights of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights).

D. Reporting Unauthorized Content. Altamira has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission please contact us. If Your Content is alleged to infringe another person's intellectual property, we will take appropriate action, such as disabling it if we receive proper notice or terminating your account if you are found to be a repeat infringer. We'll notify you if any of that happens.

E. Inappropriate, False, or Misleading Content. You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive. You may not upload to, distribute or otherwise publish through this Website any of Your Content that:

  1. is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable U.S. or foreign laws;
  2. may contain software viruses or malware;
  3. contains advertisements or solicitations of any kind, or other commercial content;
  4. is designed to impersonate others;
  5. contains personal information (such as messages that include phone numbers, Social Security numbers, payment card numbers, account numbers, addresses or employer references), except where we expressly ask you to provide such information;
  6. contains messages by non-spokesperson employees of Altamira purporting to speak on behalf of Altamira or containing confidential information or expressing opinions concerning Altamira;
  7. contains messages that offer unauthorized downloads of any copyrighted, confidential, or private information;
  8. contains chain letters of any kind; or
  9. contains identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message; this prohibition includes but is not limited to (a) using the invitation functionality that may be available on the Website to send messages to people who do not know you or who are unlikely to recognize you as a known contact; (b) using the Website to connect to people who do not know you and then sending unsolicited promotional messages to those direct connections without their permission; or (c) sending messages to distribution lists, newsgroup aliases or group aliases.

ALTAMIRA CONTENT

Altamira owns all right, title, and interest in and to the Services, including all intellectual property rights therein.

The material accessible from the Website, including text, data, images, interfaces, the "look and feel" of the Website, and other materials or works of authorship but excluding Your Content (the "Altamira Content") is owned or licensed by Altamira. You may not copy, distribute, republish, upload, post, or transmit Altamira Content in any way without the prior written consent of Altamira, except that you may print out limited portions of the Altamira Content solely for your personal use. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Altamira Content. Altamira has the right to modify, manage or eliminate any Altamira Content at any time.

Altamira's name, logos, and other product and service identifiers are Altamira's trademarks. All other trademarks appearing on the Website are the property of their respective owners. No rights are granted to you in these trademarks.

The Website may include hyperlinks to other websites that are not owned or operated by Altamira. These links are provided for your convenience, and Altamira may receive commissions or other financial compensation from the owners of these websites. Hyperlinks are to be accessed at your own risk. Altamira may not have reviewed and does not necessarily endorse, the content of other websites. Altamira has no control over other websites and is not liable for any content, advertising, products, services, or other materials on or available from those websites. Nonetheless, we wish to protect the Users of the Website, and we, therefore, invite feedback about websites that are linked from this Website.

4. Your Use of Our Services

License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services—subject to the Terms and the following restrictions in particular:

A. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. You may not sell anything that violates any laws, and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Altamira, another Altamira user, or a third party.

B. You are responsible for paying all fees that you owe to Altamira. You are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services.

C.You agree not to crawl, scrape, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.

D. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.

E. Any unsolicited ideas, feedback, or other materials you submit to Altamira (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

F. When you use the Website, Service or send emails to Altamira, you are communicating with Altamira electronically. You consent to receive communications electronically from Altamira and its Website Affiliates (as defined in the Privacy Policy). Altamira will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.

5. Termination

Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. Termination does not provide relief from any outstanding bills.

We may terminate or suspend your account (and any accounts Altamira determines are related to your account) and your access to the Services should we have reason to believe you, your Content, or your use of the Services violate our Terms. If we do so, it's important to understand that you don't have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. Generally, Altamira will notify you that your account has been terminated or suspended, unless you've repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.

If your account is terminated for any reason, you may lose any information associated with your account, including Your Content.

Altamira reserves the right to change, suspend, or discontinue any of the Services for you, any or all users, at any time, for any reason, including those laid out in Altamira's policies under these Terms of Use. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

6. Warranties and Limitation of Liability (or the Things You Can't Sue Us For)

You understand that Altamira does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so Altamira cannot and does not make any warranties about their quality, safety, or even their legality. The inclusion or offering for sale of any product or service as part of the Services does not constitute an endorsement or recommendation by Altamira. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Altamira from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).

You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Altamira is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.

You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users.

ALL CONTENT, PRODUCTS, AND SERVICES ON THE WEBSITE, OR AVAILABLE THROUGH THE SERVICE, OR OBTAINED FROM A WEBSITE TO WHICH THE WEBSITE IS LINKED (A "LINKED WEBSITE") ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. ALTAMIRA DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE WEBSITE OR SERVICE BY ANY PARTY, (B) ANY CONTENT PROVIDED ON LINKED WEBSITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED WEBSITE. OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL ALTAMIRA BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED WEBSITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED WEBSITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE, OR OBTAINED FROM A LINKED WEBSITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ALTAMIRA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ALTAMIRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE WEBSITE, CONTENT OR ANY RELATED SERVICES.

If you are a California resident, you waive California Civil Code Section 1542, which states, in part: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

7. Indemnification


You will indemnify and hold harmless Altamira from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys' and experts' fees), incurred by Altamira and such parties, and shall defend Altamira and such parties against any and all claims arising out of (1) your breach of these Terms and Use; (2) your breach of the Terms of Use; (4) fraud you commit, or your intentional misconduct or gross negligence; or (5) your violation of any applicable U.S. of foreign law or the rights of a third party. Altamira may control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of Altamira. You shall fully cooperate as reasonably required in the defense of any claim.

8. Disputes with Other Users

You release Altamira from any claims, demands, and damages arising out of disputes with other users or parties.

9. Disputes with Altamira

These rules will govern any legal dispute involving our Services:

A. Governing Law. The Terms are governed by the laws of the State of Colorado, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.

B. Arbitration. You and Altamira agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration in Denver, Colorado, using the English language, administered by the American Arbitration Association (the "AAA") under its Consumer Arbitration Rules (the "AAA Rules") then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find the AAA Rules here), unless otherwise required by law. **Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction.

Any arbitration or mediation under the Terms will take place on an individual basis. You understand that by agreeing to the Terms, you and Altamira are each waiving the right to trial by jury or to participate in a class action lawsuit. Class arbitrations shall only be available if requested by either party under its Class Action Arbitration Rules and approved by the arbitration entity. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator or mediator. You may instead assert your claim in "small claims" court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.

C. Costs of Arbitration. Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules, and in the case of CEDR, its rules. If the value of your claim does not exceed $10,000 USD, Altamira will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.

D. Security Violations. Altamira will take all reasonably necessary steps to investigate suspected violations of this agreement. Altamira reserves the right to involve and fully cooperate with any law enforcement authorities and comply with court orders requesting or directing Altamira to disclose the identity of anyone engaging in conduct that is believed to violate the law. Altamira further reserves the right, in its discretion, to release your details to system administrators at other sites in order to assist them in resolving security incidents.

You release Altamira from and against any action taken by Altamira during or as a result of its investigations and from any actions taken as a consequence of investigations by either Altamira or law enforcement authorities.

10. Changes to the Terms

We may update these Terms from time to time. If we believe that the changes are material, we'll definitely let you know by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

11. FORCE MAJEURE

Altamira shall be excused from performance under these Terms, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of Altamira.

12. DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE TO COPYRIGHT OWNERS

Altamira owns, protects and enforces copyrights in its own creative material and respects the copyrights of others. Materials may be made available on the Services, or via the Services, by third parties not within the control of Altamira. It is our policy not to permit materials known by us to be infringing to remain on this Website.

In accordance with the Digital Millennium Copyright Act, or "DMCA" (summary here), you should notify us promptly if you believe any materials displayed within the Services infringe your copyright; please send your notice by e-mail for prompt attention. Regardless of whether we are liable for such infringement, our response may include removing or disabling access to material claimed to be infringing activity and/or terminating the alleged infringer's access to the Website. If we remove or disable access in response to your notice, we will make a good-faith attempt to contact the person who submitted the material so that they may have the opportunity to submit a counter notification.

Please send all notices to the DMCA Agent at Michael@altamira.art or 10149 Spotted Owl Ave, Highlands Ranch, CO, 80129, United States

Your notice of alleged copyright infringement should include:

  • A description of how your copyrighted work or other intellectual property has been infringed;
  • A description of where the infringing material is located on the Website;
  • Where we can contact you and, if different, where the allegedly infringing party can contact you;
  • A statement that you believe that the use of the material is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
  • A statement, under penalty of perjury, that the information in the notification is correct and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and
  • Your electronic or physical signature.

Please note that under the DMCA, misrepresentations made in your notices or counter notices can expose you to liability for substantial damages. If you are not sure whether material available on the Website infringes your copyright, or whether material posted by you is infringing, you should seek legal advice.

13. General

The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Altamira regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.

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