1. Owner Identity

This website, located at karladelara.com (the “Site”), is operated and administered by [LEGAL NAME OF OWNER], and, where applicable, its affiliates, subsidiaries, related entities, assignees, licensees, or authorized representatives (collectively, the “Owner”).

Access to, navigation through, and use of the Site grants any person the status of user (the “User”) and implies full, express, and unreserved acceptance of these Terms and Conditions of Use (the “Terms”). If the User does not agree with these Terms, the User must refrain from accessing, browsing, or using the Site.

2. Purpose and Informational Nature of the Site

The Site is intended solely for informational, editorial, institutional, and communication purposes. Its purpose is to make available to the public information relating to the artist, her projects, artworks, activities, and content, including, without limitation, biographical, professional, artistic, historical, curatorial, journalistic, documentary, or promotional information.

The Site is not an e-commerce platform, does not process payments, does not formalize online purchase transactions, does not conclude consumer contracts by electronic means, and shall not be construed as a binding offer, solicitation, invitation to purchase, or commercial commitment of any kind, unless expressly stated otherwise in a separate duly authorized instrument.

All information contained on the Site is provided for general informational and reference purposes only.

3. Legal Capacity and Acceptance

By accessing or using the Site, the User represents and warrants that:

a) The User has sufficient legal capacity to be bound by these Terms;
b) The User will use the Site lawfully, responsibly, and in good faith;
c) The User will comply with all laws, regulations, and rules applicable in the jurisdiction from which the Site is accessed.

4. Rules of Use

The User agrees to use the Site properly, lawfully, and respectfully and shall refrain from:

a) Using the Site for unlawful, fraudulent, defamatory, abusive, or public-order violating purposes;
b) Breaching, attempting to breach, or otherwise endangering the security, integrity, availability, or operation of the Site;
c) Introducing viruses, malware, malicious code, bots, scrapers, crawlers, spiders, or any other unauthorized automated mechanism;
d) Copying, downloading, capturing, reproducing, storing, archiving, distributing, transforming, translating, adapting, publishing, retransmitting, or exploiting, in whole or in part, any content of the Site without the Owner’s prior written authorization;
e) Removing, modifying, or concealing copyright notices, trademarks, credits, proprietary legends, or any ownership designation;
f) Using the Site or its contents in a manner that creates confusion as to sponsorship, affiliation, representation, or association with the Owner where none exists;
g) Reverse engineering, decompiling, disassembling, or otherwise interfering with the Site’s technical components, except where expressly permitted by mandatory law.

5. Intellectual Property

All content hosted, displayed, or made available on the Site, unless expressly stated otherwise, is the exclusive property of the Owner or is lawfully licensed to the Owner and is protected by applicable national and international intellectual property laws.

Such content includes, without limitation:

• • • texts, copy, descriptions, articles, reviews, and editorial material;

    • artistic works, paintings, illustrations, visual compositions, and graphic works;

    • photographs, portraits, audiovisual material, videos, animations, and multimedia files;

    • logos, trademarks, service marks, trade names, slogans, and other distinctive signs;

    • graphic design, editorial design, interfaces, structure, selection, compilation, and arrangement of content;

    • software, databases, source code, object code, digital architecture, and other technical elements of the Site.

Nothing contained on the Site or in these Terms shall be construed as granting any assignment, transfer, license, or authorization in favor of the User with respect to any intellectual property rights, unless expressly authorized in writing by the Owner.

6. Copyright in Proprietary Content

The Site contains original and proprietary content created, developed, commissioned, produced, documented, or lawfully licensed by the Owner. All such content is protected under applicable copyright, neighboring rights, moral rights, trademark, trade name, unfair competition, trade dress, and analogous legal regimes.

The Owner reserves all economic rights and, where applicable, moral rights in and to the content of the Site, including without limitation the rights of reproduction, distribution, public communication, making available, transformation, translation, adaptation, digitization, display, compilation, archiving, licensing, and exploitation in any format or medium now known or hereafter developed.

7. Use of Logos, Trademarks, and Distinctive Signs

All trademarks, logos, emblems, trade names, slogans, brand designs, visual identity elements, and other distinctive signs displayed on the Site are the property of the Owner or their respective owners and are protected by law.

Any use, reproduction, registration, imitation, modification, distribution, exploitation, incorporation, or appropriation of such distinctive signs without the prior express written consent of their lawful owner is strictly prohibited.

Access to the Site does not grant the User any right whatsoever in or to any trademarks or distinctive signs displayed therein.

8. Limited License to Access

Subject to compliance with these Terms, the Owner grants the User a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to access and view the Site solely for personal, informational, and non-commercial purposes.

This license does not authorize the User to:

a) Systematically reproduce any content from the Site;
b) Create derivative works;
c) Commercialize any Site materials;
d) Incorporate content into archives, catalogs, platforms, databases, repositories, training systems, or third-party digital products;
e) Use Site content in advertising, commercial press, promotional campaigns, marketplaces, or publications, except with the Owner’s express authorization.

9. Use of Artistic Work Images

All images of artistic works, visual pieces, paintings, reproductions, artwork details, installations, exhibition views, museum records, photographic reproductions, visual adaptations, and any other representation of artistic works appearing on the Site are protected under applicable copyright, moral rights, image rights in works, neighboring rights, and other intellectual property laws.

Except with the prior express written consent of the Owner or the relevant rights holder, the User is strictly prohibited from:

a) Downloading, copying, capturing, or reproducing images of artistic works in high or low resolution for commercial, promotional, editorial, decorative, or digital purposes;
b) Using images of artistic works for print, merchandising, licensing, editorial reproduction, catalogs, advertising, social media, third-party platforms, online galleries, marketplaces, or physical or digital exhibitions;
c) Altering, cropping, editing, modifying, recoloring, animating, converting into NFTs, tokenizing, modeling, reinterpreting, or creating derivatives from such images;
d) Removing credits, watermarks, signatures, authorship notices, or any indication of ownership or provenance;
e) Using the images as reference material for substantial recreation, commercial exploitation, or any use that affects the integrity, authenticity, context, or reputation of the work or its author.

Any request for use, reproduction, publication, syndication, licensing, or assignment relating to artistic work images must be made directly to the Owner or its duly designated representative.

10. Prohibition on Artificial Intelligence Training and Automated Uses

Without prejudice to any other restriction set forth in these Terms, it is strictly prohibited to use the Site or any of its content, data, materials, metadata, images, texts, videos, audio, visual compositions, designs, structure, editorial styles, catalogs, or reproductions, in whole or in part, for:

a) Training, fine-tuning, validating, evaluating, developing, or improving artificial intelligence models, machine learning systems, generative models, multimodal systems, foundation models, or algorithmic systems of any kind;
b) Data mining, automated extraction, web scraping, crawling, unauthorized indexing, bulk capture of data, or dataset generation;
c) Creating models that imitate, reproduce, emulate, or exploit the visual style, curatorial language, editorial discourse, creative identity, aesthetic composition, or artistic signature of the Owner or of the works displayed on the Site;
d) Generating synthetic images, derivative content, or automated outputs substantially based on the Site’s content;
e) Incorporating Site content into corpora, repositories, embeddings, vectors, training libraries, or databases intended for automated systems.

The mere public availability of any content on the Site shall not constitute consent, license, authorization, or waiver for automated uses, data mining, or artificial intelligence training.

The Owner expressly reserves the right to oppose, pursue, and claim against any unauthorized use of its content in artificial intelligence systems or automated databases to the fullest extent permitted by applicable law.

11. Specific Provisions for Gallerists, Press, and Licensees

a) Gallerists, Curators, Institutions, and Exhibition Spaces

Any gallerist, curator, museum, cultural institution, fair, auction house, exhibition space, or intermediary wishing to use Site materials, including curatorial texts, object sheets, biography, images, reproductions, logos, museographic materials, or communications, must obtain the Owner’s prior written authorization.

The fact that materials are visible on the Site does not imply authorization for free use, representation, consignment, sublicensing, exhibition, promotion, commercialization, or dissemination by third parties.

b) Press and Media

Media outlets, journalists, editors, producers, editorial platforms, and agencies may quote brief information from the Site solely for legitimate informational purposes, provided that:

1. 1. 1. The integrity, context, and accuracy of the content are respected;

      2. The source and ownership are clearly acknowledged;

      3. Images, texts, or statements are not altered;

      4. High-resolution visual materials, press kits, artworks, photographs, or logos are not used without prior written authorization when such authorization is required.

The Owner may issue guidelines, press kits, or specific conditions for the use of press materials.

c) Licensees and Authorized Partners

Any use by licensees, representatives, agents, distributors, publishers, producers, sponsors, commercial partners, or authorized collaborators shall be strictly governed by the relevant contract, license, authorization letter, or other legal instrument entered into with the Owner.

Absent express written authorization, no third party may hold itself out as a licensee, official distributor, representative, agent, partner, or authorized collaborator of the Owner.

12. Third-Party Links

The Site may contain links or references to third-party sites, platforms, or resources. Such links are provided solely for the User’s convenience and do not imply approval, sponsorship, association, endorsement, warranty, or responsibility by the Owner.

The Owner does not control and shall not be liable for the content, availability, security, policies, or practices of third-party sites.

13. Accuracy of Information

Although the Owner seeks to ensure that the information on the Site is accurate, up to date, and appropriate, the Owner does not warrant that it is free from errors, omissions, inaccuracies, delays, or outdated information.

All content is provided as is and as available, without warranties of any kind, whether express or implied.

14. Disclaimer of Liability

To the fullest extent permitted by applicable law, the Owner shall not be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages arising out of or in connection with:

a) access to, use of, or inability to use the Site;
b) errors, interruptions, viruses, failures, or technological unavailability;
c) decisions made by the User based on information published on the Site;
d) unauthorized use, unlawful reproduction, or misappropriation of content by third parties;
e) breaches, unauthorized access, or incidents beyond the Owner’s reasonable control.

15. Privacy

Any processing of personal data carried out through the Site shall be governed by the applicable Privacy Policy, which must be consulted separately.

16. Notice of Infringement

Any person who believes that any content on the Site infringes intellectual property rights, publicity rights, image rights, or any other legally protected right may submit a notice to the Owner, including:

a) the name and identification of the claimant;
b) a description of the allegedly affected right;
c) precise identification of the challenged content;
d) the legal and factual basis of the claim;
e) contact information;
f) documentation evidencing ownership or legal authority, where applicable.

The Owner may take any measures it deems appropriate, including review, blocking, removal, or restriction of the challenged content.

17. Amendments

The Owner may modify, update, correct, or supplement these Terms at any time without prior notice. Such modifications shall become effective upon publication on the Site.

Continued use of the Site after the publication of changes shall constitute acceptance of such changes.

18. Suspension or Termination of Access

The Owner may, at its sole discretion and without liability, restrict, suspend, or terminate access to the Site for any User who breaches these Terms, infringes the rights of the Owner or third parties, or commits acts that compromise the security, operation, or integrity of the Site.

19. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the substantive laws of Mexico, excluding, to the extent permitted, its conflict-of-laws rules.

Any dispute arising out of or in connection with the interpretation, performance, breach, or enforcement of these Terms shall be submitted to the competent courts of Guadalajara, Jalisco, Mexico, unless mandatory law provides otherwise.

For international Users, this clause shall apply to the maximum extent permitted by the mandatory laws of the User’s place of residence or of any non-waivable applicable jurisdiction.

20. Severability

If any provision of these Terms is held to be invalid, unlawful, or unenforceable, such provision shall be interpreted to the fullest extent permissible in order to reflect its original intent, and the remaining provisions shall remain in full force and effect.

21. Entire Agreement

These Terms constitute the entire agreement between the User and the Owner regarding access to, browsing of, and use of the Site, and supersede any prior understanding relating to their subject matter.

22. Contact

For any inquiry, request for authorization, legal claim, or communication related to these Terms, please contact:

[LEGAL NAME OF OWNER]
[LEGAL / CONTACT EMAIL]
[REGISTERED ADDRESS]
[COUNTRY]