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ETHNOARCHITECTURE.COM TERMS AND CONDITIONS

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 CD-ROM disk.

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 finalized.

Until the moment a transaction is finalized, we keep the right to refuse a purchase.

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.

 
     
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© Copyright 2003 - 2016 by Gabriel Arboleda. All rights reserved.
Unless otherwise specified, all published material remains copyright of its respective authors.
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To see the context of such commentary or criticism, please click here.
No contents, including text, tables, photographs, graphics, videos, etc. may be reproduced in whole or in part without written permission.
In addition, no material or contents may be reproduced on the world wide web by mirroring, framing, posting, etc. without written consent.
Contact Information:
Gabriel Arboleda - PhD Program in Architecture - College of Environmental Design - University of California at Berkeley
370 Wurster Hall - Berkeley, CA 94720-1800
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