ETHNOARCHITECTURE.COM TERMS AND
Please read carefully these terms and conditions, because you are legally
bound by them when browsing, contributing to, purchasing from, or using in
any other form this Web site. You still abide to these terms and conditions
regardless if you are browsing the site's content on a page framed by, or
a pop-up window launched from, another Web site. You may not agree with some
or all of these terms and conditions, but in that case you must discontinue
using the Web site immediately. Regardless if you agree or not with the terms
and conditions, you can have restricted your access to the Web site at any
given time with no further notice.
For all legal effects, the terms 'Ethnoarchitecture.org,' 'Ethnophotography.com,'
'site,' and 'Web site,' referred to in these terms and conditions shall mean
Gabriel Arboleda. The term 'we' shall mean Gabriel Arboleda and/or the copyright
holder of any image or other content published on this Web site. The terms
'you' and 'users' shall mean the visitors and/or clients of the site. The
terms 'buyer' and 'buyers' shall mean anyone who purchases image or other
content reproduction rights, or other services or products from the site.
This Web site is hosted, run and administered from the United States of
America. By accessing to any of the pages or material in the site, you and
Ethnoarchitecture.org agree that the laws of the United States will apply
to all matters in the case of a dispute. You and this Web site also agree
that any legal action will be filed exclusively in a Court located in the
Alameda County in California. You also agree that, regardless of any law
to the contrary, any claim arising from the use of the Web site shall be
filed within one year after the reasons for such claim arose. Otherwise,
the claim will be barred forever.
Ethnoarchitecture.org reserves the right to make any changes to these terms
and conditions, at any time and without notice to users. It is your responsibility
to regularly review this document, as continued use of the Web site after
changes have been posted indicates acceptance of the updated terms and conditions.
- Ownership of copyright:
This Web site displays material copyrighted by Gabriel Arboleda and other
material published with authorization from its copyright owners. Also, material
in the public domain whose copies displayed here have been embellished by,
and hence are copyright by, Gabriel Arboleda. The logo and page designs are
copyright by Gabriel Arboleda. The copyright note at the bottom of each page
refers to these designs, and not necessarily to individual content inside
those pages. The logo and name of the Web site are trademark by Gabriel Arboleda.
- Publishing on Ethnoarchitecture.org:
If you accept to have your work displayed here, in addition to abiding to
the site's terms and conditions you also accept that your published images
bear a watermark with the logo and name Ethnophotography.com. You authorize
your images to be republished on Ethnoarchitecture.org and affiliated Web
sites and printed publications. You also authorize Ethnoarchitecture.org
to re-sell reproduction rights on your images and other material to third
parties, in which case you will obtain 50% of the sales proceedings, and
Ethnoarchitecture.org will keep another 50% for processing and managing fees.
If we have worked out a different agreement and it is documented in written,
that agreement takes precedence over this default. In any case, you hold
Ethnoarchitecture.org harmless from any obligations resulting from copyright
infringement claims that are made on any of your images or writings, or from
any other legal responsibilities resulting from their use. You agree that
each of the parts can terminate this agreement at its sole discretion at
any moment, and that any rights acquired over the use of images or other
material prior to ending the agreement shall remain.
- Visiting Ethnoarchitecture.org:
The material displayed on the site is only intended to be seen and read
by the visitors. None of it can be downloaded, republished, modified, hot-linked
or used in any other form beyond what constitutes "fair use." If
you want to use any of the images or texts displayed, you have to purchase
reproduction rights from the site. The conditions of use of images you purchase
rights on are detailed in the next section, called 'purchasing images.' Any
unauthorized use of the per-view-only, or rights-acquired images is a violation
of international copyright and other applicable laws, and will be prosecuted.
- Purchasing Images:
'Buying rights' on Ethnoarchitecture.org means acquiring the non-exclusive
right of use of the image being purchased, in any medium of format, but only
in one publication at the same time. The authorship and copyright of the
image, as well as the name Ethnoarchitecture.org must be clearly printed
or shown in the publication in which the image is to be displayed.
Buyers can only keep one single electronic copy (file) of the purchased
image on one computer, plus one backup copy on a storage media such as a
Only the buyer is permitted to use the image. Buyers cannot resell, end,
transfer, or give away rights of reproduction on Ethnoarchitecture.org images.
Buyers cannot profit from images as the product itself in the form of posters,
postcards, mugs, t-shirts and others. Images must be part of original work
composed also by other images and writing.
Buyers can transform, edit or recompose the images if they want. However,
they cannot use any of the images or edited parts for corporate identification
such as logos or any other type of material to be subject to trademark laws.
Images cannot be used in a context in which situations, places or characters
they represent are disparaged or disrespected in any way, or are used to
endorse or promote any illegal, immoral or other objectionable activity.
Not all of the images are for sale. Only images for sale display a clickable "buy
rights" button. If, by mistake, one of the images that are not intended
to be sold displays this button, this does not necessarily constitute an
intention to sell. The images not for sale are typically those showing discernible
persons, trademarks, or images that could potentially be taken as detrimental
of a person, a group or a company. We accept inquiries about the images not
for sale, as well as about images for sale which, in the requester's opinion,
should not be sold.
Clicking on the 'buy rights' button constitutes your electronic signature
in a contract that legally binds you to finalize the purchase, and that declares
you are at least 18 years old, you abide to the terms and conditions of purchase
provided in this document, and you warrant that the personal information
submitted is true, accurate, current, and complete. For your convenience,
a reminder to read these terms, as well as a hyperlink to them is provided
next to the "buy rights" button. Not checking the box declaring
you read them, however, does not make you exempt from any of the conditions
of purchase and other provisions contained in this document.
A purchase is not finalized until the check, money order or credit card
funds are fully credited into our account. Once this happens, the buyer will
be sent electronically a copy of the image, and the transaction will be considered
Until the moment a transaction is finalized, we keep the right to refuse
If the electronic copy sent to the buyer suffers any damage in the process
of transmission, for example an incomplete download or a file corruption,
it will be replaced by another copy. Other than that, no new copies will
be re-sent to buyers. Replacement copies will only be sent during the first
24 hours after the transaction is finalized. Scratches on digitized film
or slide originals are not considered damage, but rather normal to such media
and entirely remediable by the purchaser.
Copies are first tested for virus before being sent. However, the site cannot
and does not take any responsibility for potential harm these can cause to
files, software or hardware they are stored in or with.
This site maintains a policy of no returns. Images are sold "as is" and
all sales are final.
- Infringement of Copyright:
Copyright violations of work displayed on Ethnoarchitecture.org will be
subject to legal action, following the provisions and procedures contained
in Title 17, Chapter 5, Sections 501-513 of the US Code. These provisions
establish that, regardless of where the infringement takes place, infringers
may be assessed actual or statutory damages of up to US$ 150,000, plus additional
damages and attorney fees for any copyright infringement they incur in.
As for the material on Ethnoarchitecture.org, we make an effort to fully
document copyright ownership over each single file we upload. However, if
you believe that you, or somebody you represent, holds valid copyrights over
one or several of these files, please contact us by using the form provided
in the Web site before proceeding to take any legal action. Please include
within your message your name and contact data, the code number or URL of
the image or document in dispute, and the reasons you invoke for your claim.
This information will allow us to remove the file in case we find your claim
has well funded reasons.
Names, trademarks, characters, or copyrighted material may appear sometimes
by accident on images, being just a natural and unavoidable consequence of
the existing, surrounding space around the main theme. Whenever this type
of material can be interpreted as part of the main theme itself, its reproduction
has been made with the sole purpose of criticizing or commenting on it. Ethnoarchitecture.org
does not usually sell rights over images displaying such type of material,
but in the case it does, the sale does not grant any rights at all over it.
Reproduction rights apply only to the photographic material, and in no way
to what it appears represented on it.
- Other liabilities:
By using Ethnoarchitecture.org you agree to indemnify Gabriel Arboleda and
other authors whose work is hosted on the site. You also agree on holding
us harmless and releasing us from any and all claims, responsibilities, obligations,
damages and expenses arising out of, or related in any way to, your use of
the Web site or the products purchased from it. In addition to legal actions
we can initiate against you, should you violate in any form the terms of
use of images whose reproduction rights you have acquired you will automatically
loose all of those rights. Therefore, you will have to desist using the image
without being given a refund. You hold us harmless and release us from any
claims arising from your having to discontinue the use of any image due to
a violation in the terms and conditions of use.