terms and conditions
This document describes the general terms and conditions (the “Terms and Conditions”) applicable to access the current website of Cynthia Malamud Oxenstein (hereinafter, the “ARTIST“), identified with ID N°40545305, Lima, Peru, within the website www.cynthiamalamud.com (hereinafter the “WEBSITE” or “Site“). Any person who wishes to access and/or subscribe and/or use the Site may do so subject to these Terms and Conditions, together with all other policies and principles that govern the WEBSITE and that are incorporated herein directly or by reference or that are explained and/or detailed in other sections of the Site. Consequently, all visits and all interactions carried out on this WEBSITE, as well as their legal effects, shall be governed by these rules and subject to the applicable legislation in Peru and other countries.
The User agrees to use this Site only for lawful purposes and/or diligently and correctly. In this sense, but not limited to, the User shall not use the Site for activities contrary to law, these Conditions, morality, good customs, or established public order and/or for illegal, prohibited, or harmful purposes or effects on the rights and interests of third parties, nor to process, send, or transmit through the Site any material, information, or content that may be considered in any way illegal, threatening, abusive, invasive, defamatory, obscene, sexually explicit, racist, vulgar, profane, or that is in any way reprehensible or affects civil rights or any legal norm.
1. Legal Capacity
The information is only available to individuals who have the legal capacity to contract. Those who do not have that capacity, including minors, may not access the information. The acts performed by minors on this Site will be the responsibility of their parents, guardians, caregivers, or curators, and therefore, they will be considered as performed by them in the exercise of the legal representation they possess.
2. Modifications to the Terms and Conditions
The ARTIST may modify the Terms and Conditions at any time by making the modified terms public on the Site.
3. Procedure for Using this WEBSITE
In the contracts for services and works offered through the Site, the ARTIST will unequivocally inform the steps that must be followed to conclude them. The mere act of following the steps indicated for such purposes on this Site constitutes acceptance that the conditions contained in this document have indeed been fulfilled. This data will be treated in accordance with the ARTIST’s Privacy Policy.
4. Intellectual Property
All the content included or made available to the User on the WEBSITE, including texts, graphics, logos, icons, images, audio and video files, digital downloads, and any other information (the “Content”), is the property of the ARTIST, and she has a license from its owner for its use. Therefore, the User must refrain from extracting and/or reusing parts of the Content without the prior and express consent of the ARTIST.
The User acknowledges that they do not acquire any rights over the trademarks, logos, designs, drawings, photos, images, texts, videos and graphics, or any other information contained on this WEBSITE. The use of the Content for commercial purposes or for distribution, public communication, copying, and modification is expressly prohibited.
This is applicable under the law of Peru and other countries.
5. Responsibility
The ARTIST will do everything possible within her capacities to ensure that the transmission and use of the WEBSITE is uninterrupted and error-free. However, given the nature of the Internet, such conditions cannot be guaranteed. For this reason, it is the responsibility of Users to take the necessary protection measures for their computer so that possible threats and/or damage to the operating system caused by viruses or other elements inherent to internet use can be foreseen and avoided. Both the access to this website and the use of the information contained therein are the exclusive responsibility of the person who does so. The ARTIST is not responsible for possible security errors that may occur or for the possible damages that may be caused to the user’s computer system (hardware and software), files, or documents stored therein as a result of the presence of viruses on the user’s computer used to connect to the Products and contents of the website, a malfunction of the browser, or the use of outdated versions thereof.
6. Legal Terms
This agreement will be governed and interpreted in accordance with the laws of Peru and other countries, without giving effect to any principle of conflict of laws. If any provision of these Terms and Conditions is declared illegal, void, or unenforceable for any reason, it shall be interpreted within the framework of the same and in any case shall not affect the validity and enforceability of the remaining provisions.
7. Notifications
Any comments, concerns, or complaints regarding the aforementioned Terms and Conditions, Privacy Policy, or the execution of any of these, must be notified in writing to the following email address: info@cynthiamalamud.com
8. Jurisdiction and Applicable Law
This agreement will be governed in all its points by the laws in force in the Republic of Peru. Any dispute arising from this agreement, its existence, validity, interpretation, scope, or compliance, shall be submitted to the competent courts of the city of Lima, Peru, and other countries law.