Terms & Conditions for SOMOSARTE.com


Welcome to www.somosarte.com (the “Website”), operated by Somos Arte, a New York City Sole Proprietorship owned by Edgardo Miranda-Rodriguez located at 280 Grand Street, Brooklyn, NY 11211 (referred to as “Somos Arte” “we”, “us” or “our”) PLEASE READ THESE Terms of Use (“Agreement”) CAREFULLY BEFORE USING THIS WEBSITE. This Agreement sets forth the terms and conditions which govern your use of the Website. By accessing the Website, you agree to be bound by the terms and conditions set forth in this Agreement and by the Somos Arte Privacy Policy which is located atwww.somosarte.com and which is incorporated into this Agreement by reference. If you do not wish to be bound by this Agreement, you are not authorized to use this Website.

The Website provides the means for anonymous browsers ("Visitors") to learn more about us. Visitors who are at least eighteen (18) years of age and who affirmatively indicate their agreement to abide by this Agreement, by means of a click-through consent, ("Registrants") may submit an on-line application to Somos Arte (“Application”). By clicking “become a model” at Somos Arte. You may register if you are under the age of 18 BUT ONLY IF your parent/legal guardian registers on your behalf. Registrants may NOT be under the age of 13. In the case of a Registrant under the age of 18, “Registrant” will be deemed to include a parent/legal guardian.

Please read this Agreement carefully before accessing the Website. Somos Arte reserves the right to modify the Agreement at any time. You agree to review the Agreement periodically to be aware of such modifications. You further agree that your continued use of the Website will be deemed conclusive evidence of your acceptance of any modified Agreement. We will indicate that changes to this Agreement have been made by updating the date shown after “Last Updated” at the end of this Agreement. If you do not agree to abide by any modified version of this Agreement, you are not authorized to use this Website. A current version of the Agreement is accessible via the footer of the Website’s homepage.

1. Registrants.
  1. Capacity. In order to submit an application you must become a Registrant by affirmatively accepting this Agreement. By clicking on the "I Accept" tab, the Registrant acknowledges that he or she is at least eighteen (18) years of age and has read, agrees with and accepts to be bound by the terms and conditions set forth in this Agreement. Failure to click the "I Accept" tab will prevent an individual from becoming a Registrant. . If you are under the age of 18 but at least 13 years of age you may have your parent/legal guardian register on your behalf. Visitors under the age of 13 may not register.
  2. Accurate Information. Registrants agree to provide Somos Arte with accurate, complete and current information, and to update such information if and when it should change.
2. Submissions.
  1. Applications. The Website enables Registrants to submit Applications to Somos Arte which contain (i) personally identifiable information (“PII”) about Registrants, including without limitation their name, address, telephone number and email address, (ii) a detailed description about such Registrant’s physical attributes, and (iii) photographs/videos of such Registrants (collectively, the “Content”). Registrants understand submission of an Application does not mean they will be cast by Somos Arte as a model and does not guarantee that Somos Arte will contact them or make an offer of a project.
  2. Grant of License to Content. By posting content (“Content”) to the Website or by otherwise submitting Content to us, Registrants automatically grant, and represent and warrant that they have the right to grant to Somos Arte, a non-exclusive, perpetual, irrevocable, sub-licensable (through multiple tiers), assignable, fully paid, royalty free, worldwide license to use, copy, modify, adapt, publish, make, sell, create derivative works of or incorporate into other works such Content, derive revenue or other remuneration from, communicate to the public, distribute (through multiple tiers), perform or display such Content (in whole or in part) and/or to incorporate such Content in other works in any form, media, or technology now known or later developed, and to grant and authorize sublicenses of the foregoing through multiple tiers of sub-licensees, including the right to exercise the copyright, publicity, and any other rights in and to any of the materials contained in such Content for any purpose, including for purposes of advertising and publicity on the Website and elsewhere. Somos Arte shall not be limited in any way in its use, commercial or otherwise, of any such Content, and Registrants hereby waive any moral rights or approval rights in or to, such Content as well as the right to receive a credit or payment of any royalty or fee whatsoever to the anyone associated with the Content, including without limitation the photographer/videographer, author, composer producer or the subject of such Content.
  3. Registrants acknowledge and agree that (i) Somos Arte has the right to post, or take down, Content submitted by you at any time; (ii) Somos Arte has no obligation to use your Content; (iii) the submission of your Application and/or Content in no way imposes any obligation on Somos Arte, whether of confidentiality, attribution, or otherwise, and Somos Arte shall not be liable for any use or disclosure of any Content contained in the Content; (iv) you hereby waive any claims (including, without limitation, claims based upon invasion of privacy, defamation, false light, or right of publicity) arising out of any use, alteration, distortion or illusionary effect, or use in any composite form of your (or your child’s) image/likeness, photographs and/or videos, (v) you will pay for all royalties, fees and any other monies that may be due or owing to any person by reason of any Content submitted by you to the Website, and (vi) Content submitted to the Website may be subject to size and usage limitations, and Registrants are responsible for adhering to such limitations.
  4. Restrictions. Registrants agree NOT to submit to the Website any Content that:
    - is fraudulent;
    - is designed to interrupt, or destroys or limits the functionality of, any computer software or hardware or telecommunications equipment;
    - interferes with or disrupts the Website, services connected to the Website, or otherwise interferes with operations or services of this Website in any way;
    - infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; including the promoting of an illegal or unauthorized copy of another person's copyrighted work, or is abusive, threatening, obscene, defamatory or libelous;
    - is patently offensive to us, such as Content that promotes racism, bigotry, homophobia, hatred or physical harm of any kind against any group or individual;
    - harasses or harms, or advocates the harassment or harming of another person;
    - displays pornographic or sexually explicit material of any kind or contains photographs/videos which are in bad taste, contain nudity, obscene, lewd or otherwise offensive or objectionable matter;
    - causes us to lose (in whole or part) the services of our ISPs or other suppliers; or
    - violates any applicable local, state, national, or international law.
  5. Use. You may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works of, transmit, sell, or in any way exploit any portion of the Website, except that you may download Content from the Website as machine readable copies and/or print copies of any web page, provided that such copies will be used for your own personal (non-commercial) use and not for the purposes of competing in any manner with Somos Arte.
3. Intellectual Property.
  1. Copyright. Please feel free to browse the Website. You may download or make single copies of materials displayed on the Website for your own personal and noncommercial use, provided that all copies will retain the copyright, trademark or other proprietary notices displayed with the materials on the Website. You may not distribute, transmit, copy, download or otherwise make available any material from the Website, including any text, images, audio or video clips, for public or commercial use, without the prior written permission of Somos Arte. You may also not reproduce, distribute, transmit, publicly display, publicly perform, publish, license, modify, rewrite, create derivative works from, transfer or sell any material contained on the Website without prior written permission. None of the material contained on the Website (including all software, HTML code and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation or otherwise), resold or redistributed without the prior written permission of Somos Arte.
    Except as otherwise noted, all content of the Website is:
    ©2012 Somos Arte. All Rights Reserved
    Somos Arte reserves the right to terminate service to users who willfully and/or repeatedly infringe intellectual property right.
  2. For further information regarding permission to use material, please contact us. We can be reached by email at info@somosarte.com
  3. Trademarks. “The trademarks/service marks and logos (collectively the “Marks”) displayed on the Website identify the products and services of Somos Arte, its clients and other third parties and inform the public as to the source of those products and services. Nothing contained on this Website should be construed as granting any right or license to use any Mark displayed on the Website in any manner whatsoever. Your misuse of any Mark is strictly prohibited, including, without limitation, your use of any Mark: (i) in any manner likely to cause confusion; (ii) to identify your products or services; (iii) in, as or part of your own trademarks or service marks; (iv) in any manner that implies inaccurately a sponsorship, endorsement or other connection with your products, services or other activities; or (v) in a manner that disparages or dilutes any of the Marks or Somos Arte.
  4. You are also advised that Somos Arte reserves the right to enforce its intellectual property rights to the fullest extent of the law. You agree not to display or use the Marks without the prior written permission of Somos Arte. Please make any such request by email to info@somosarte.com. We will evaluate your request and respond.
4. Links Somos Arte may provide links to other websites of possible interest to you. Because we have no control over such websites, you acknowledge and agree that we are not responsible for the availability of such websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. You also acknowledge and agree that Somos Arte will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. All such websites will be subject to the policies and procedures of the owner of such websites.
5. Disclaimer of Warranties.You acknowledge and agree that:
  1. Somos Arte is not responsible for incomplete, lost, damaged, illegible or misdirected applications or any technical problems, malfunctions of any telephone lines, computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmissions or any combination thereof. We do not guarantee continuous, uninterrupted or secure access o the Website, and the operation of the Website may be interfered with by numerous factors outside of our control.
  2. Use of the website by Registrants and Visitors is at your sole risk. Somos Arte does not make any representation or warranty as to the accuracy, correctness, completeness or usefulness of any content appearing on the website and is not responsible for any errors or omissions in any content appearing on the Website or generally for the accuracy, reliability, or quality of any content appearing on the Website.
  3. The materials on this Website are provided “As Is” and without warranties of any kind. Except as expressly provided herein, Somos Arte makes no representation or warranty of any kind to you, either express or implied. Specifically, Somos Arte disclaims any implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose.
6. Limitation of Liability.
  1. In no event, including but not limited to negligence, will Somos Arte be liable for indirect, incidental, special, consequential or punitive damages, arising out of or in connection with your use of or inability to use the Website, including without limitation for lost profits or business, or anticipated lost profits or business, even if you have been advised of the possibility of such damages. Somos Arte’s aggregate liability to you or any third party in any circumstance is limited to the greater of (i) the amount paid by you if any to access this website or (ii) $100.
  2. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for indirecto, incidental, special, consequential or punitive damages. Accordingly, some of the above limitations in Sections 5 and 6 hereof may not apply to you.
7. Representations and Warranties.You represent and warrant that (i) you will abide by the terms of this Agreement, (ii) the submission of an Application does not violate any restrictions to which such you may be bound, (iii) Content submitted by you will be accurate does not and will not infringe the copyright, trademark, patent or other intellectual property law of any third party or defame or invade the publicity rights or the privacy of any person, living or deceased, and (iv) the submission of Content does not violate the terms of this Agreement or any applicable laws or regulations.
8. Indemnification. You agree to indemnify, defend and hold Somos Arte harmless from any claim, expense or demand, including, without limitation, reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party. You agree that under no circumstances will Somos Arte be liable in any way for the accuracy, reliability, or quality of any Content, and that you will hold Somos Arte harmless for (i) any errors or omissions in Content submitted by you, or (ii) any loss or damage of any kind incurred as a result of the use of Content submitted by you.
Notification and Procedure for Making Claims.
Ford respects the intellectual property of others, and we ask you to do the same. If you believe your work has been used in a way that constitutes copyright infringement, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c) must be provided to the designated Copyright Agent of Somos Arte:
  1. Identification of the copyrighted work(s) that you claim has been infringed;
  2. Identification of where the material that you claim to be infringing is located;
  3. A statement that you have a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent or the law;
  4. A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of an exclusive copyright that is allegedly infringed or are authorized to act on the copyright owner’s behalf;
  5. Your address, telephone number, and email address; and
  6. Your physical or electronic signature.
The designated agent of Somos Arte for notification of claims of copyright infringement on the Website, is Somos Arte, Inc. who can be reached as follows:
280 Grand Street
Brooklyn, NY 11211
(718) 389-5889
Email – info@somosarte.com
Similarly, if you believe any of your trademarks or service marks have been infringed, please notify the designated Somos Arte agent.
10. Third Parties. Your participation, correspondence or business dealings with any third party found on or through the Website are solely between you and such third party. You agree that Somos Arte shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
11. Commercial Use. You acknowledge and agree that the Website is for the personal use of Registrants and Visitors only and may not be used by you directly or indirectly in connection with any commercial endeavors.
12. Privacy. Somos Arte is committed to safeguarding your privacy. The terms regulating the handling of PII and other information by you in connection with the Website is described in our Privacy Policy.
13. No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and Somos Arte by this Agreement.
14. Notices. Except as provided in the following sentence, all notices hereunder shall be given by certified mail, postage prepaid and return receipt requested, to: Somos Arte, Inc., 280 Grand Street, Brooklyn, NY 11211, and to a Registrant at the address listed in such Registrant’s Application. Notice shall be deemed given seven (7) days after the date of the mailing.
15. Governing Law; Venue. You acknowledge and agree that this Agreement will be governed by and construed in accordance with the laws of the United States, including US copyright and trademark laws, and with the laws of the State of New York, excluding conflict of laws provisions thereof that would indicate the application of the laws of any other jurisdiction and you hereby submit to exclusive jurisdiction in the federal and state courts of New York. You agree to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.
16. General. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement may be automatically assigned by Somos Arte, in its sole discretion, to a third party. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement will survive termination or expiration to the extent necessary to carry out the intentions of the parties.
17. Contact Us. If you have any questions or concerns regarding the Website, please contact us by e-mail at info@somosarte.com or write to us at Somos Arte, Inc., 280 Grand Street, Brooklyn, NY 11211.
Last Modified: April, 2012