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Privacy Policy / Terms of Use

Privacy Policy

Last Modified: 06/30/2021

Diego Uchitel Photography, LLC (“DUP,” “we,” “us,” or “our,” as applicable) respects the privacy of those who visit, access, use, and view www.diegouchitel.com, any interactive services, modules, and features available on such website, and any other digital materials downloaded or otherwise obtained from us individually or collectively (whether in browser based or mobile format, as applicable, the “Site”). This privacy policy (this “Privacy Policy”) describes how we collect and use your information, including what kind of information we collect or that you may provide when you visit the Site. If you do not wish to be bound by this Privacy Policy, please do not use this Site. By accessing and using the Site, you agree to this Privacy Policy. You will you always be able to view the most current version of this Privacy Policy by clicking on the link at the bottom of the homepage of the Site. Your continued use of the Site following the posting of revisions to this Privacy Policy means that you accept and agree to the changes. We suggest that you review this privacy policy periodically as we may update it from time to time.

Your use of the Site is also subject to our Terms of Use, which can be found at ("Terms of Use").    

This Privacy Policy applies to information we collect:

On the Site;

In email, text, and other electronic messages between you and the Site or DUP;

Through mobile and desktop applications you download from the Site, which provide dedicated non-browser-based interaction between you and the Site or DUP;

When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to the Site or to this Privacy Policy;

When you interact online (via the internet) in any other way with any employee, agent, or other representative of DUP.

This Privacy Policy does not apply to information collected by:

Us offline or through any other means, including on any other website operated by any third party (including our affiliates and subsidiaries);

Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Site.

What do we collect?

Every time you visit the Site, our web server automatically collects certain details about your visit to the Site, including the following information:

Your internet service provider's address;

The referring URL and information on the pages you access on the Site;

Information about your internet connection, the equipment you use to access the Site, and usage details;

Information about your online activities over time and across third-party websites or other online services. You can find information below about how you can opt out of behavioral tracking on this Site.

We collect this information to help diagnose problems, administer our website, track usage statistics, and otherwise improve the Site and deliver a better and more personalized service.

We also collect information that you provide, such as:

Information you provide when you register on the Site (such as your name, your email address, your telephone number, your mailing address, and any other personal or preference information that you provide to us);

Information you provide by filling in forms on the Site (including when you request further services);

Records and copies of your correspondence, if you contact us;

Your responses to surveys that we might ask you to complete;

Details of transactions you carry out through the Site and of the fulfillment of your orders (including financial information that you may provide in order to place such order).

By using the Site, you are consenting to have your personal data transferred to and processed in the United States.

What are “cookies” and “web beacons?”

Most Internet sites collect data about visitors through the use of "cookies." Cookies are small files placed on the hard drive of your computer that help sites recognize repeat visitors by assigning a random number to each desktop for tracking content preferences and traffic patterns. Cookies may be used to "connect" your computer to information stored in a separate location. The Site may use browser cookies to track user behavior. Through cookies we may also: alert you to new issues that we think might be of interest to you when you return to the Site; record past activity at the Site in order to provide you better service when you return to the Site; or customize Site content based on your browser type or other information that you send us.

We do not use cookies to store any of your personal information on your computer. The “help” portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you are to receive a new cookie, or how to disable cookies altogether.

Some pages of the Site may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us or our service providers, for example, to count users who have visited those pages and for other related Site statistics (for example, recording the popularity of certain Site content and verifying system and server integrity).

Some content on the Site, including advertisements, are served by third parties. These third parties may use cookies, alone or in conjunction with other tracking technologies, to collect information about you when you use the Site. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

How do we use your information?

We use the information we collect to improve our communications, improve our content and offerings, analyze Site usage, troubleshoot problems, resolve disputes, and enforce our Terms of Use.

Additionally, the information we collect is used:

to generally improve the content and layout of the Site;

to improve the content and layout of the Site for individual visitors;

to notify you about updates to the Site;

for internal review;

to allow you to participate in interactive features on the Site;

to fulfill any other purpose for which you provide such information;

in any other way we may describe when you provide such information;

for any other purpose with your consent.

When you supply us with personal information in the course of creating an account, the information you provide will be added to our customer database. You will receive periodic news from us. If you do not want to receive such communications from us, then please contact us at gallery@diegouchitelprints.com .

We may send you e-mail or other communication with information on new services. If you do not wish to receive such e-mail in the future, please contact us at gallery@diegouchitelprints.com to remove yourself from our e-mail list or click on the “unsubscribe” link on one of those e-mails, if applicable. We may also send you service-related announcements from time to time through the general operation of the service. We reserve the right to send you notices about your account even if you opt out of all voluntary email notifications.

We may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences. If you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria, even if we have not disclosed your personal information to such advertiser.

Sharing your information with third parties

We contract with third-party service providers in order to operate our business, including operating the Site. Those service providers may need access to your information to perform fulfillment and other services. We require that all of our service providers hold your information in confidence and use it only to provide the service for which they have been engaged. We may also disclose user information (such as usage patterns, equipment used to access the Site, and IP address) to third-party service providers (including advertisers), so that we can better understand our users’ preferences and to provide relevant e-mail and other communication to such users.

We do not provide contact information to third party marketers without your permission. We share your information with third parties only in limited circumstances where we believe such sharing is (1) reasonably necessary to offer the service, (2) legally required, or (3) permitted by you.

Notwithstanding the above, we may share your personal information with parent companies, subsidiaries, sister companies, and affiliates, including for marketing purposes.

We may share information with governmental agencies or other companies assisting us in fraud prevention or investigations. We may do so when: (1) permitted or required by law (for example, to respond to a lawful subpoena, warrant, or court order); (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or (3) investigating fraud that we believe has already taken place; or (4) we believe that disclosure is necessary to protect our rights or interests, or the rights or interests of others, including, without limitation, our rights under our Terms of Use or any other contractual relationship between you and DUP. This information is not provided for marketing purposes.

We may share your information with a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of DUP’s assets in which personal information held by DUP about our Site users is among the assets transferred.

We may also share your information with third parties to fulfill the purpose(s) for which you provide it, or for any other purpose disclosed by us when you provide the information, or with your consent.

Links and Third Party Services

The Site may contain links to other websites and certain services provided by DUP may be delivered by or through, directly or indirectly, the use of third parties’ websites, software, application, or other technology. We are not responsible for the privacy practices of websites, software, applications, or technology of third parties. We encourage our users to be aware, when they leave the Site or when services are provided on the Site with the use of a third-party software, applications, or other technology, to read the privacy statements of each and every such website, software provider, application, or other technology that collects personal information. This Privacy Policy applies solely to information collected by us.

How do you know your information is secure?

We have implemented security measures in place in our facilities designed to protect against the loss, misuse, or alteration of information that we have collected from you through or on the Site. However, we cannot guarantee the protection of information against interception, misappropriation, misuse, or alteration, or that your information may not be disclosed or accessed by accidental circumstances or by the unauthorized acts of others.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

Please note that e-mail is not encrypted and is not considered a secure means of transmitting credit card numbers. You should not send us a credit card number or other personal information by text message.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

· Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. However, if you disable or refuse cookies, please note that some parts of the Site may then be inaccessible or not function properly.

· Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by e-mailing us at gallery@diegouchitelprints.com.

· Promotional Offers from the Company. If you do not wish to have your email address or other contact information used by DUP to promote our own or third parties' products or services, you can opt-out by e-mailing us at gallery@diegouchitelprints.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. If one of our emails contains an “unsubscribe” link, you may also opt out of certain future communications by clicking such link and following the instructions provided. This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product or service experience, or other transactions.

· Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers' target-audience preferences, you can opt-out by e-mailing us at gallery@diegouchitelprints.com. For this opt-out to function, you must have your browser set to accept all browser cookies.

California residents may have additional personal information rights and choices. Please see the Your California Privacy Rights section, below, for more information.

Accessing and Correcting Your Information

You can review and change your personal information by contacting us at gallery@diegouchitelprints.com. We will provide a copy of your personal information, and you may inform us of any required updates or changes to such information.

You may also send us an email at gallery@diegouchitelprints.com to request access to, correct, or delete any personal information that you have provided to us. We may not be able to delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Your California Privacy Rights

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information.

California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of the Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to gallery@diegouchitelprints.com or write us at: 2724 Carmar Drive, Los Angeles, CA 90046.

Furthermore, we adopt the following provisions of this Privacy Policy to comply with the California Consumer Privacy Act of 2018 (CCPA). For purposes of this section “Personal Information” means information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device. Personal information does not include: (1) publicly available information from government records; (2) deidentified or aggregated consumer information; or (3) information excluded from the CCPA's scope.

The Site has collected or disclosed the following categories of Personal Information from its users in the last twelve (12) months:

(Category A) Identifiers (e.g., A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.)

(Category B) Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) (e.g., A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.) Some personal information included in this category may overlap with other categories.

(Category F) Identifiers (e.g., Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.)

(Category G) Geolocation data (e.g., Physical location or movements)

Sharing Personal Information

We may disclose your personal information to third parties for a business purpose or sell your personal information, subject to your right to opt-out of those sales. The CCPA prohibits third parties who purchase the personal information we hold from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

In the past twelve (12) months, we have not sold any personal information to a third-party.

We share your personal information with the following categories of third parties:

• Service providers;

• Data aggregators;

Parent, subsidiary, or other affiliate entities.

Your Rights and Choices

California residents have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months.

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

• Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.

• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

• Debug products to identify and repair errors that impair existing intended functionality.

• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).

• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.

• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

• Comply with a legal obligation.

• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

• Calling us at (212) 366-6338; or

• Emailing us at gallery@diegouchitelprints.com.

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative·

• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

Your European Privacy Rights

This Privacy Policy is intended to comply with the General Data Protection Regulation of the European Union (“GDPR”). If you are a resident of a jurisdiction subject to the GDPR, many of the rights stated above in the section entitled “Your California Privacy Rights” also apply to you, and, of course, all rights granted under this Privacy Policy also apply to you.

To exercise your rights under the GDPR, including, without limitation, the right to object to the processing of your data, the right to erasure, rectification, or access to your data, and the right to withdraw any consent previously provided to us, please e-mail us at gallery@diegouchitelprints.com.

Note, personal information provided to or collected by us is processed at 2724 Carmar Drive, Los Angeles, CA 90046 and may also be stored at our service providers’ premises.

The individual responsible for personal information processing at DUP is Jess Payne.

Children Under the Age of 18

We will not knowingly collect personally identifiable information from any person under the age of 18. Our services are not designed to attract the attention of persons under the age of 18. No one under the age of 18 may provide any personal information to on or the Site, and if you are under the age of 18, do not use or provide any information on the Site or through any of its features, register on the Site, make any purchases through the Site, use any of the interactive or public comment features on the Site, or provide any information about yourself to us. If we learn that we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at gallery@diegouchitelprints.com.

Changes To This Privacy Policy Statement

From time to time, we may use the information you provide us for new, unanticipated uses not previously addressed in our privacy policy. If our information practices change at some time in the future we will post the policy changes on the Terms of Use or privacy page of the Site to notify you of these changes. We encourage you to check the Site periodically for more information on how we use the data we collect.

If there is a material change in the manner we use data we collect, we will update this Privacy Policy to reflect these changes.

Contact Us

To contact us for any reason, or if you have any concerns or questions, please contact us at gallery@diegouchitelprints.com. Please note, when you contact us, provide your name and address exactly as it appears on correspondence you have received from us.

If you feel that this Site is not following its stated Privacy Policy, you may contact us at the above address(es) or phone number or email address.

Governing Law

This privacy policy shall be governed by and construed in accordance with the laws of the State of California without regard to choice of law principles. You consent to the sole and exclusive venue and jurisdiction of the federal and state courts situated in or having jurisdiction over Los Angeles, California. Any case, controversy, action, or dispute relating in any way to the privacy policy or your visit to or use of the Site shall be subject to the exclusive jurisdiction of the state or federal courts located in Los Angeles, California.

Change in Policy

We reserve the right to revise, amend, change or update this privacy policy at any time, so please review it frequently. For significant changes to this policy, we may, but are not obligated to notify you either by placing a prominent notice on the home page of our Site or by sending you a notification. We encourage you to review this policy periodically to stay informed about our use of the information we collect. We will indicate near the top of this page the date this policy was last revised. Your continued use of the Site after we have revised this policy constitutes your agreement to the revised version.

Terms of Use

Last Modified: 06/30/2021

These Website Terms of Use (these “Terms of Use”) constitute an agreement between you and Diego Uchitel Photography, LLC (“DUP,” “we,” “us,” or “our,” as applicable), and these Terms of Use apply to your access to and use of diegouchitel.com and diegouchitelprints.com, any other website or mobile application owned or operated by DUP, and any other digital materials downloaded or otherwise obtained from us (individually or collectively, and whether in browser based or mobile format, as applicable, the “Site”). By accessing or using the Site, or by clicking to accept or agree to these Terms of Use when this option is made available, you agree to be bound by these Terms of Use and our Privacy Policy found here, which is incorporated herein by reference (the “Privacy Policy”). We may change these Terms of Use from time to time. You will always be able to view the most current version by clicking on a link at the bottom of any page on the Site. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. If you do not wish to be bound by these Terms of Use, please do not use this Site. Notwithstanding your agreement, in our sole discretion, we reserve the right to refuse service to any person, as well as our rights to amend and edit content included in the Site and to terminate your right to access or use the Site.

If you purchase any goods or services from DUP, whether or not purchased on or through the Site, you shall be subject to the Terms and Conditions of Sale related to such purchase (the “Terms of Sale”). In the event of any conflict between these Website Terms of Use and the Terms of Sale, the Terms of Sale shall prevail over these Website Terms of Use. Our Terms of Sale can be found here

Proprietary Rights

You acknowledge and agree that the Site, including all content posted to the Site, contains proprietary information that is protected under U.S. and international intellectual property laws, including the laws of copyright and trademark. As between you and DUP, the Site and all Product Content (as defined below) are the sole and exclusive property of DUP or its affiliate. We are granting you no right, title, or interest in or to the Site, any Site Design (as defined below), or any Product Content other than as explicitly set forth herein or in our Terms of Sale.

DUP’s name, logo, and all related names, logos, product and service names, designs, and slogans are ours or our affiliates’ or licensors’ trademarks. You must not use such marks without our prior written permission.

You acknowledge that the Site may include photographs, text, graphics, images, video, and other digital or online media (collectively “Site Content”). You also acknowledge that the Site includes, but is not limited to, the individual design elements, selection, layout, coordination, structure, expression, sequencing, user interfaces, “look and feel,” and arrangement of Site Content (collectively, the “Site Design”). All Site Content and Site Design are exclusively owned by, and constitutes the proprietary property of, DUP or its licensors. You may not transfer, rent, lease, time share, loan, assign, copy, or disclose any Site Content to anyone without our express written consent or as otherwise provided for herein. You may not modify or create derivative works based in any fashion on any Site Content or Site Design.

Except as expressly authorized in writing by us and our licensors (if applicable), you agree not to:

1. sell, rewrite, modify, copy, republish, redistribute, or create derivative works of or from, or otherwise transmit the Site Content, in whole or in part;

2. collect Site Content or other information, including using any automated means (such as harvesting bots, robots, spiders, or scrapers);

3. engage in unlawful multi-level marketing, such as a pyramid scheme, on the Site;

4. upload viruses or other malicious code;

5. solicit login information or access an account belonging to someone else;

6. frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) from the Site or otherwise belonging to us or our affiliates;

7. use any meta tags or any other "hidden text" utilizing our name or trademarks;

8. reverse engineer, modify, decompile, or disassemble any aspect of the Site, including any technology used in connection with the Site;

9. tamper with the operation, functionality, or the security of the Site;

10. attempt to override or circumvent any security or usage rules embedded into the Site that permit digital materials to be protected;

11. violate or attempt to violate any security features of the Site;

12. emulate or fake usage of the Site;

13. attempt to probe, scan, or test the vulnerability of the Site, or any associated system; or

14. violate, or assist or otherwise encourage any other party to, violate these Terms of Use.

You may look at the Site online, download individual pages to your personal or handheld computer for later reading, or print a copy of pages for yourself; provided, however, that you may not modify copies of any materials from the Site. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the Site Content and other DUP materials you have made. No right, title, or interest in or to the Site, the Site Design, or the Site Content is transferred to you other than as explicitly set forth herein or in our Terms of Sale.

You may use the features of the Site (including Site Content) for your personal use only and not for any commercial purposes. You may not remove any copyright notices from our materials. We reserve all of our other rights not granted in these Terms of Use.

All goodwill generated from the use of any DUP trademark inures solely to our benefit.

In the event that you provide any user review, comment, or other feedback about the Site or the services or goods provided or available through the Site (“User Feedback”), we will own that User Feedback as well as any actions we take in response to that User Feedback, without any obligation to compensate you. You hereby agree to release and hold harmless DUP and its members, managers, employees, agents, parents, subsidiaries, affiliates, assigns, and successors in interest from any and all claims and liability for damages, losses, or expenses of any kind arising from the making of such User Feedback or DUP’s use of such User Feedback for any reason, including, without limitation, claims with respect to your right to privacy or publicity. For the avoidance of doubt, DUP, as the sole owner of all User Feedback, may use your User Feedback for any reason, including, without limitation, to promote DUP, the Site, any photographs, artwork, or other intellectual property of DUP or its affiliates, or in any other manner.

Children’s Privacy

We are committed to protecting the privacy of children. This Site is not intended for use by anyone under the age of eighteen (18), and you represent, warrant, and confirm that you are at least eighteen (18) years of age or have permission from a parent or legal guardian to access and use the Site.

Current and Accurate Information

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. You represent and warrant the accuracy and completeness of all information you provide to us and that such information is not misleading. You agree to promptly notify us of any change in the information you have provided to us or will provide to us. You agree that all information you provide to us, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy.

Account, Password, And Security

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. You represent and warrant the accuracy and completeness of all information you provide to us and that such information is not misleading. You agree to promptly notify us of any change in the information you have provided to us or will provide to us. You agree that all information you provide to us, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy.

Consent to Receive Communications

You acknowledge and agree that we may send written and electronic communications to you in connection with the Site, your use of the Site, and any products or services obtained or that you will obtain by or through the Site. You expressly consent to the receipt of any and all notices from us by way of email including correspondence we are legally obligated to provide you.

Privacy and Personal Information

In connection with your use of the Site we may collect, obtain, and maintain personal information about you in accordance with our Privacy Policy. The purpose of our Privacy Policy is to identify the information we may collect about you, describe the uses we may make of such information, and the security measures we take to protect it, and describe your options for controlling your information. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. You can review our Privacy Policy here.

Links to Third Party Sites

This Site may be linked to other websites which are not under the control of and are not maintained by DUP. Without implying that DUP makes any representations about the Site, DUP makes no representation whatsoever about any other website which you may access through the Site. When you access a non-DUP website, please understand that it is independent from DUP and that DUP has no control over the content of that website. In addition, a link to a non-DUP website does not mean that DUP endorses or accepts any responsibility for the content or use of such website. It is up to you to take precautions to ensure whatever you select for your use is free of such items as viruses, worms, or other items of destructive nature. DUP shall not be responsible or liable for, and you agree to release and hold DUP harmless against, any damage or loss caused or alleged to be caused by or in connection with (i) your use of or reliance on any content, goods, products, or services available on or through any third-party website, application, or content and (ii) any malicious software, computer code, virus, malware, spyware, or similarly destructive, harmful, or invasive digital material transmitted by or existing on or through any third-party website or application.

Some aspects of the Site Content may be delivered through software or other technology offered by third-party service providers. Such third parties may have their own terms and conditions applicable to the use of such third-parties’ software or other technology. DUP shall not be responsible for your inability to access the Site Content as a result of any incompatibility between such third-parties’ software or other technology and your computer or other devices or for any other reason related to such third-parties’ software or other technology.

Indemnification

You will indemnify, defend, and hold DUP, its owners, members officers, directors, employees, agents, affiliates, and representatives (collectively with DUP, the “DUP Indemnified Parties”), harmless from and against any and all loss, liability, claim, demand, damage, cost, and expense (including, without limitation, reasonable attorneys’, experts’, and professional advisors’ costs and fees), arising out of (1) your use of the Site (including, without limitation, any purchase placed on, through, or facilitated by the Site); (2) your breach of these Terms of Use (including, without limitation, your unauthorized use of any Site Content or Site Design); or (3) your violation of any applicable U.S. of foreign law or the rights of a third party (including, without limitation, any law applicable to or right arising with respect to intellectual property ownership, infringement, or licensing). The DUP Indemnified Parties will have the right, but not the obligation, to participate in and/or control, through counsel of its choice, any defense by you of any claim to which this indemnity may apply. You may not settle any claim or admit any liability on the part of any DUP Indemnified Party without our express, prior, written consent.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

ANY INFORMATION PRESENTED ON OR THROUGH THE SITE IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION AND EDUCATIONAL PURPOSES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK.

WE MAKE NO EXPRESS OR IMPLIED WARRANTIES, COVENANTS, OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE SITE, THE SERVICES OFFERED THEREON, SITE CONTENT, THIRD PARTY CONTENT, OR ANY OTHER CONTENT. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED (INCLUDING, BUT NOT LIMITED TO, WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING), STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, AND NON INFRINGEMENT WITH REGARD TO THE SITE, THE GOODS OFFERED THEREON, THE SITE CONTENT, THIRD PARTY CONTENT, ANY OTHER CONTENT, AND ANY GOOD OR SERVICE FURNISHED OR TO BE FURNISHED BY US (WHETHER OR NOT ON OR THROUGH THE SITE). WE DO NOT WARRANT THAT THE FUNCTIONALITY OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, OR ERROR-FREE, THAT DEFECTS IN THE SITE OR SITE CONTENT WILL BE CORRECTED, THE ACCURACY OR COMPLETENESS OF THE SITE CONTENT (INCLUDING ACCURATE DESCRIPTIONS OF GOODS OR SERVICES OFFERED FOR SALE ON THE SITE), OR ANY OTHER CONTENT, OR THAT ANY ERRORS IN THE SITE CONTENT, THIRD PARTY CONTENT, OR OTHER CONTENT WILL BE CORRECTED. THE SITE, THE GOODS OR SERVICES OFFERED THEREON, THE SITE CONTENT, AND OTHER CONTENT ARE PROVIDED ON AN “AS IS,” “WHERE IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS.

TESTIMONIALS, ENDORSEMENTS, AND COMMENTS BY OUR CUSTOMERS OR AUDIENCE REGARDING OUR GOODS, SERVICES, THE SITE CONTENT, THE SITE, OR ANY PERSON ASSOCIATED WITH DUP ARE MERELY THE OPINION OF THE INDIVIDUAL PROVIDING SUCH TESTIMONIAL, ENDORSEMENT, OR COMMENT.

IF YOU DOWNLOAD ANY SOFTWARE PROGRAM, MATERIAL, OR CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH SOFTWARE PROGRAM, MATERIAL, OR CONTENT. YOU ARE SOLELY RESPONSIBLE FOR PROVIDING THE TECHNOLOGY RESOURCES NECESSARY TO OBTAIN, VIEW, PLAY, OR OTHERWISE USE THE SITE CONTENT OR SITE DESIGN. DUP SHALL NOT BE RESPONSIBLE FOR ANY INABILITY TO ACCESS THE SITE CONTENT AS A RESULT OF YOUR USE OF SUCH IMPROPER OR INCOMPATIBLE TECHNOLOGY.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES) ARISING OUT OF (I) YOUR CONDUCT OR THAT OF ANYONE ELSE IN CONNECTION WITH USE OF THE SITE, THE GOODS OR SERVICES OFFERED THEREON, OR THESE TERMS OF USE; (II) INABILITY TO USE THE SITE, THE GOODS OR SERVICES OFFERED THEREON, THE SITE CONTENT, OR ANY OTHER CONTENT; (III) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (IV) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, ANY PRODUCT OR SERVICE OFFERED THROUGH THE SITE, THE SITE CONTENT, AND/OR ANY OTHER CONTENT; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR DATA; (VI) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (VII) ANY TERMINATION OR CANCELLATION OF YOUR RIGHT TO ACCESS OR USE THE SITE; (VIII) ANY GOODS OR SERVICES MADE AVAILABLE OR PURCHASED FROM OR THROUGH THE SITE, INCLUDING ANY DAMAGES OR INJURY ARISING FROM ANY USE OF SUCH PRODUCTS OR SERVICES; OR (IX) ANY OTHER MATTER RELATING TO THE SITE OR USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE GOODS OR SERVICES OFFERED ON OR THROUGH THE SITE, THE SITE CONTENT OR ANY OTHER CONTENT, OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE AND, IF YOU PURCHASED ANY GOOD OR SERVICE THROUGH THE SITE, ANY OTHER REMEDY THAT MAY BE OFFERED PURSUANT TO OUR TERMS OF SALE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW.

YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE DISCLAIMERS INCLUDED IN THESE TERMS OF USE ALSO APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, LOSS OF PROFITS BY YOU, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER DUP NOR ITS LICENSORS, SUPPLIERS, OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SITE OR OF ANY OTHER PURCHASER OF GOODS OR SERVICES FROM DUP. YOUR REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH DUP IS TO DISCONTINUE YOUR USE OF THE SITE.

Independent and Third Party Vendors and Advertisers

You acknowledge that independent third parties may act as suppliers for DUP. DUP is not responsible for the acts or omissions of such suppliers. Similarly, from time to time, third parties may sell or advertise products on the Site, and DUP is not responsible for the acts or omissions of any such advertisers or sellers, including in connection with any products or services offered or provided by such advertisers or sellers.

This Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by DUP, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of DUP. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

No Assignment by You

DUP may assign its rights and duties under these Terms of Use at any time without notice to you. Your rights and duties under these Terms of Use are not assignable by you without written consent of DUP.

No Waiver

DUP’s failure or delay in exercising or enforcing any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

Force Majeure

DUP shall be excused from performance under these Terms of Use and shall not be liable for any act or omission caused by or arising out of any event, act, occurrence, or circumstance beyond DUP’s reasonable control, including, without limitation, the laws, regulations, or orders of any governmental, regulatory, or judicial authority, war, civil commotion, destruction of facilities or materials, fire, flood, earthquake, storm (or other act of God), labor disturbances, riots, protests, health epidemics and pandemics (whether or not declared by any governmental authority), shortage of material, or failure of public utilities or common carriers.

Termination

If you violate these Terms of Use in any way, DUP may, in its sole discretion, limit, suspect, or terminate your access to the Site.

In the event that your use or access to the Site is terminated for any reason, we will not refund any payments that you previously made for goods that were previously shipped or for any services (whether or not already provided) other than as explicitly set forth in our Terms of Sale.

Choice of Law and Forum

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California without regard to choice of law principles. You consent to the sole and exclusive venue and jurisdiction of the federal and state courts situated in or having jurisdiction over Los Angeles, California. Any case, controversy, action, or dispute relating in any way to these Terms of Use or your visit to or use of the Site shall be subject to the exclusive jurisdiction of the state or federal courts located in Los Angeles, California. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

Modification; Severability

We may modify the Site, these Terms of Use, and our policies (including our Privacy Policy and our Terms of Sale) at any time, in our sole discretion. Therefore, you should review our policies and Terms of Use from time to time. Your continued use of the Site after we make any such changes constitutes your binding acceptance of those changes. If any of the Terms of Use herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severed and deleted to the extent required and shall not affect the validity and enforceability of any remaining term or condition.

If any invalid, unenforceable, or illegal provision of the Terms of Use would be valid, enforceable, and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid, and enforceable.

Entire Agreement

These Terms of Use, our Privacy Policy, and any applicable Terms of Sale constitute the entire agreement and understanding between you and DUP with respect to the Site and your use of the Site. These Terms of Use supersede all prior or contemporaneous agreements and terms, whether oral or written, between you and DUP with respect to the Site and your use of the Site.

A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Digital Millennium Copyright Act; Notice and Take Down Procedures

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material

3. Your name, address, telephone number, and (if available) e-mail address.

4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.

6. A signature or the electronic equivalent from the copyright holder or authorized representative.

Our designated copyright agent to receive DMCA Notices is:

Diego Uchitel

studio@diegouchitel.com

2724 Carmar Drive

Los Angeles, CA 90046

1 (212) 366-6338

If you fail to comply with all the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Questions or Concerns about Our Terms of Use

For questions or concerns about these terms of use, please send an email to gallery@diegouchitelprints.com

Terms and Conditions for the Sale of Products and Services

Last Modified: 06/30/2021

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES, INCLUDING THROUGH THE SITE (DEFINED BELOW), YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS SITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH DIEGO UCHITEL PHOTOGRAPHY, LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THIS SITE'S CONTENTS, GOODS, OR SERVICES BY APPLICABLE LAW.

These terms and conditions (these "Terms of Sale") apply to the purchase and sale of products and services on or through diegouchitelprints.com or diegouchitel.com (whether in browser based or mobile format, the "Site") or through any other method or channel if these Terms of Sale are provided or made available for review in connection with a purchase through such other method or channel. These Terms of Sale are subject to change by Diego Uchitel Photography, LLC (referred to as “DUP,” "us," "we," or "our" as applicable) without prior written notice at any time, in our sole discretion. The latest version of these Terms of Sale will be posted on this Site, and you should review these Terms of Sale before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms of Sale will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site (see Section ‎7).

1. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms of Sale, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between DUP and you will not take place unless and until you have received your order confirmation email. Any services that you purchase pursuant to these Terms of Sale and for which you receive an order confirmation specifying the services purchased are referred to herein as the “Services.” Any products that you purchase pursuant to these Terms of Sale and for which you receive an order confirmation specifying the products purchased are referred to herein as the “Products.” Certain Products may be provided as part of a package price with other Products, and these Terms of Sale shall apply with equal force to all such Products that are “included” in the price of any other Products or provided without additional charge.

2. Prices and Payment Terms.

(a) All prices posted on this Site are subject to change without notice. The price charged for a Product or Service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes, customs fees, or charges for shipping and handling fees for Products shipped outside the continental United States. All such taxes and charges will be added to your total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

(b) Terms of payment are within our sole discretion, and we may, but shall not be required to, offer a payment plan to some customers. We may offer the services of a third‑party on or through the Site to facilitate financing for an order. If you choose to utilize such third‑party services (for example, QuadPay), you shall be subject to all terms and conditions of such third‑party service provider. Such third‑party may perform a credit inquiry and may request certain information from you in connection therewith. We do not control any such third‑parties, and we are not responsible for any action or omission by such third‑parties. Unless we offer you a payment plan in writing (including the details of such plan), payment must be received by us before our acceptance of an order, including, without limitation, all applicable taxes, customs fees, and charges for shipping and handling. If we do not accept your order, we will return or cancel any pending payment. Unless otherwise agreed by us in writing, we will not ship any Product until we have received payment in full, and all partial payments are non-refundable and forfeited to us in the event full payment is not completed. We accept most credit cards purchases. We shall not be required to accept any other payment method. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes and customs fees, if any. If we provide an invoice or other writing memorializing the payment due in connection with your order of Services and/or Products, these Terms of Sale shall apply to any such invoice or other writing and to the order and purchase of such Services and Products.

3. Shipments; Delivery; Title and Risk of Loss.

(a) We will arrange for shipment of the Products to you. You will pay all shipping and handling charges specified during the ordering process.

(b) Title and risk of loss pass to you upon our transfer of the Products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

4. Returns and Refunds. All sales of Products and Services are final, non-refundable, and non-returnable other than as explicitly set forth in this Section ‎4.

(a) If you receive a Product that is different than the Product you ordered, please contact us immediately at gallery@diegouchitelprints.com. We may require you to provide photographic or other evidence related to the erroneously delivered Product. If you received the wrong Product due to our error, we will replace it with the correct Product, at our cost. We may require you to return the erroneously delivered Product prior to sending the replacement.

(b) If you receive a Product in damaged condition, you may submit a claim within seven (7) days of delivery of the damaged Product by e-mailing us at gallery@diegouchitelprints.com. After seven (7) days, we shall not accept claims for damage. You must carefully follow all of the following instructions to submit a claim for damages: (1) When you receive any Product from us or our affiliate, examine the outside of the box or shipping container and note any visible damage; (2) If damaged, take pictures of the damaged area(s) and the entire outside of the box or container prior to opening it; (3) Open the package and examine its contents for any damage; (4) If the Product is damaged, take clear and complete pictures of all damaged areas of the Product and the entire Product; (5) Send all photos and other evidence of damage to gallery@diegouchitelprints.com and include the work “Damage” and your order number in the subject line. We will attempt to resolve the issue, including by submitting a damage claim to the applicable shipping carrier; however, at all times, we shall have full discretion to provide a refund, replace the Product, credit your account, or provide any other or no remedy that we deem appropriate. Do not return any Product to us without first contacting us and receiving express authority to return a Product. If you make your own arrangements for return shipping, you bear the risk of loss during shipment.

(c) We cannot accept claims for damage after the seven (7) day period referenced above. When you purchase fine art prints, you are solely responsible for the care and maintenance of such Product(s). We use our best efforts to print using high quality ink and paper; however, we cannot and do not guarantee that prints will never fade. For example, placing a print in a location with a large amount of direct sunlight may cause it to fade over time. All sales are final, non-returnable, and non-refundable other than as set forth in Section ‎4(a) or ‎4(b). Nothing in this Section 4 is intended to limit the applicability of Section 5(b).

5. NO WARRANTY; DISCLAIMERS; LIMITATION OF LIABILITY.

(a) WE MAKE NO EXPRESS OR IMPLIED WARRANTIES, COVENANTS, OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE SERVICES OR PRODUCTS OR ANY CONTENT OF THE SERVICES OR PRODUCTS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED (INCLUDING, BUT NOT LIMITED TO, WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING), STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, AND NON-INFRINGEMENT, WITH REGARD ANY PRODUCT OR SERVICE YOU ORDER OR PURCHASE FROM US. THE SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS,” “WHERE IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. BY WAY OF EXAMPLE, BUT NOT LIMITATION, AND WITHOUT LIMITING THE APPLICABILITY OF SECTION 4(c), WE DO NOT REPRESENT OR WARRANT THAT PRODUCTS CONSISTING OF ART OR PHOTOGRAPHY PRINTS WILL NEVER FADE OR BECOME DISCOLORED, REGARDLESS OF THE CARE TAKEN BY US OR YOU TO PRESERVE THE ORIGINAL QUALITY AND CONDITION OF SUCH PRODUCTS.

(b) INFORMATION PROVIDED THROUGH OR IN ANY SERVICES OR PRODUCTS (INCLUDING BOOKS) IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION AND EDUCATIONAL PURPOSES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK.

(c) FOR THE AVOIDANCE OF DOUBT, DUP DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOU WILL ACHIEVE ANY PARTICULAR RESULT AS A RESULT OF ORDERING OR PURCHASING ANY OF OUR SERVICES OR PRODUCTS. ALL STATEMENTS MADE BY US OR ANY THIRD-PARTY ABOUT THE SERVICES OR PRODUCTS ARE SIMPLY OUR OPINION OR THE OPINION OF THE PERSON OR ENTITY MAKING THE STATEMENTS AND NOT GUARANTEES OR PROMISES OF ACTUAL PERFORMANCE. THE INFORMATION PROVIDED BY DUP (WHETHER IN CONNECTION WITH SERVICES OR A PRODUCT OR OTHERWISE) SHOULD NEVER BE CONSIDERED LEGAL OR FINANCIAL ADVICE OR COUNSEL. YOU SHOULD CONSULT WITH A LICENSED ATTORNEY, FINANCIAL ADVISOR, ACCOUNTANT, OR OTHER EXPERT, AS APPLICABLE, IN CONNECTION WITH ANY MATTER THAT MAY IMPACT YOUR LEGAL RIGHTS OR FINANCIAL OR TAX POSITION OR LIABILITY.

(d) SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

(e) TESTIMONIALS, ENDORSEMENTS, AND COMMENTS BY OUR CUSTOMERS OR AUDIENCE REGARDING OUR SERVICES AND PRODUCTS, OR THE RESULTS OBTAINED BY ANY SUCH CUSTOMER OR AUDIENCE MEMBER, ARE MERELY THE OPINION OF THE INDIVIDUAL PROVIDING SUCH TESTIMONIAL, ENDORSEMENT, OR COMMENT. THE RESULTS EXPERIENCED BY INDIVIDUALS RECEIVING OR USING THE SERVICES OR PRODUCTS MAY VARY SIGNIFICANTLY.

(f) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE DISCLAIMERS INCLUDED IN THESE TERMS OF SALE ALSO APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, LOSS OF PROFITS BY YOU, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.

(g) LIMITATION OF LIABILITY.

(i) IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES ARISING OUT OF (I) YOUR CONDUCT OR THAT OF ANYONE ELSE IN CONNECTION WITH USE OF THE SERVICES OR PRODUCTS; (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE; (IV) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (V) ANY TERMINATION OR CANCELLATION OF YOUR RIGHT TO ACCESS OR USE THE SITE OR THE SERVICES; (VI) ANY PRODUCTS OR SERVICES, INCLUDING ANY DAMAGES OR INJURY ARISING FROM ANY USE OF SUCH PRODUCTS OR SERVICES; OR (VII) THE SITE OR ANY OTHER MATTER RELATING TO THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(ii) IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE ACCESSING THE SITE AND TO CEASE USING THE SERVICES AND RELATED PRODUCTS. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED (WHETHER THROUGH THE SITE OR ANOTHER METHOD OR CHANNEL), NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT SERVICES OR PRODUCTS, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW.

6. Intellectual Property Use and Ownership. You acknowledge and agree that, with respect to all Services and Products sold or provided by DUP, no license is granted (whether expressly, by implication, or otherwise) under these Terms of Sale or by any other method other than the limited license to display Products for your personal use or enjoyment and not for commercial gain.

(a) DUP and its licensors are and will remain the sole and exclusive owners of all intellectual property rights in and to each Product and Service made available on or sold through the Site or sold through any other method or channel, subject only to the limited license granted hereunder.

(b) Use Restrictions. You shall not, directly or indirectly, use or make any copies of the Products beyond the scope of the limited license granted under this Section ‎6 or use the Services or Product in violation of any law, regulation, or rule.

7. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, (found here), governs the processing of all personal data and information collected from you in connection with your purchase of Products or Services through the Site.

8. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Sale, for any failure or delay in our performance under these Terms of Sale caused by or arising out of any event, act, occurrence, or circumstance beyond DUP’s reasonable control, including, without limitation, the laws, regulations, or orders of any governmental, regulatory, or judicial authority, war, civil commotion, destruction of facilities or materials, fire, flood, earthquake, storm (or other act of God), labor disturbances, riots, protests, heath epidemics and pandemics (whether or not declared by any governmental authority), shortage of material, or failure of public utilities or common carriers.

9. Governing Law and Jurisdiction. These Terms of Sale shall be governed by and construed in accordance with the laws of the State of California without regard to choice of law principles. You consent to the sole and exclusive venue and jurisdiction of the federal and state courts situated in or having jurisdiction over Los Angeles, California. Any case, controversy, action, or dispute relating in any way to these Terms of Sale or your use of the Products or Services shall be subject to the exclusive jurisdiction of the state or federal courts located in Los Angeles, California. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Sale.

10. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms of Sale without our prior written consent. Any purported assignment or delegation in violation of this Section ‎10 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Sale.

11. No Waivers. The failure by us to enforce any right or provision of these Terms of Sale will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of DUP.

12. No Third‑Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

13. Notices.

(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

(b) To Us. To give us notice under these Terms, you must contact us at gallery@diegouchitelprints.com.

14. Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

15. Entire Agreement. Our order confirmation, these Terms of Sale, our Website Terms of Use, our Privacy Policy, and any invoice delivered to you in connection with the sale of any Products or Services will be deemed the final and integrated agreement between you and us on the matters contained in these Terms of Sale.

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