TERMS & CONDITIONS
PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS WHICH APPLY TO YOUR USE OF THIS WEBSITE AND YOUR PURCHASES OF PRODUCTS FROM THIS WEBSITE.
The Website at http://www.lapalomastudio.com and is owned or controlled by La Paloma Studio, LLC, 1113 Sangre de Cristo St, Santa Fe, NM 87501. "La Paloma Studio" = "us" or "we"
IF YOU PURCHASE ANY PRODUCTS FROM THIS WEBSITE OR ACCESS OR USE THIS WEBSITE, (INCLUDING PROVIDING ANY CONTENT FOR THIS WEBSITE), YOU ARE DEEMED TO HAVE AGREED TO THESE TERMS AND CONDITIONS AND THE OTHER POLICIES INCORPORATED HEREIN BY REFERENCE ("TERMS AND CONDITIONS" OR "AGREEMENT").
We reserve the right to modify these Terms and Conditions at any time. You should check these Terms and Conditions periodically for changes. By purchasing any products from this Website or accessing or using this Website (including by providing any content for this Website) after we post any changes to these Terms and Conditions, you agree to accept such changes, whether or not you have reviewed them. If at any time, you choose not to accept these Terms and Conditions, do not purchase any additional products from this Website and discontinue accessing or using this Website.
SCOPE OF TERMS AND CONDITIONS - AGREEMENT TO ARBITRATE
These Terms and Conditions apply to your purchase of any products from this Website and your accessing or use of this Website, including any products offered by La Paloma Studio through the Website or providing any content for this Website. These Terms and Conditions do not apply to your use of unaffiliated Websites to which the Website only links.
Dispute Resolution / Time Limit for Bringing Claims
This User Agreement and all disputes relating to this User Agreement, or relating to your use of any part of the La Paloma Studio Website, will be exclusively resolved under confidential binding arbitration held in Santa Fe, New Mexico. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our corporate headquarters: La Paloma Studio, 1113 Sangre de Cristo St, Santa Fe, NM 87501, Attn: Owners. All disputes will be resolved in accordance with the Rules of JAMS, applying New Mexico State law, without regard to conflicts of law principles.
You and La Paloma Studio agree to submit to the personal and exclusive jurisdiction of the Federal and New Mexico State courts in Santa Fe County for purposes of enforcing any arbitration award. Notwithstanding the foregoing, La Paloma Studio may seek injunctive or other equitable relief, from a court of competent jurisdiction. You and La Paloma Studio agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You and La Paloma Studio agree that any cause of action arising out of or related to the La Paloma Studio website (including but not limited to any product offered or made available therein) or this Agreement must commence within one (1) year after the date of invoice; otherwise, such cause of action is permanently barred. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
NOTES REGARDING PRODUCTS
Product Variations
La Paloma Studio is not responsible for variations in product specifications and/or physical appearance, since in some cases this can be a natural result of the manufacturing process. Please consider this when ordering products through our Website.
Product Listings
La Paloma Studio and its affiliates strive for accuracy in all descriptions, photographs, size references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our Website. Due to human error and other determinants, we cannot guarantee that all item descriptions, photographs, size references, detailed specifications, pricing, links and any other product-related information listed are entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our Website is labeled with an incorrect price due to some typographical, informational, technical or other error, La Paloma Studio shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Additionally, all hyperlinks to other Websites from La Paloma Studio are provided as resources to customers looking for additional information. La Paloma Studio does not assume responsibility for the claims and/or representations made on these or any other Websites.
LIMITATION OF LIABILITY
IN ALL CIRCUMSTANCES, LA PALOMA STUDIO’S MAXIMUM LIABILITY FOR PRODUCTS PURCHASED FROM THIS WEBSITE IS LIMITED TO THE PURCHASE PRICE PAID FOR THE PRODUCTS. LA PALOMA STUDIO SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. LA PALOMA STUDIO SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, LOSS OF BUSINESS, LOSS OR DAMAGE TO REPUTATION OR FOR EXEMPLARY DAMAGES, WHETHER OR NOT LA PALOMA STUDIO HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
YOUR USE OF LA PALOMA STUDIO WEBSITE
The contents of this Website, including all images (“Website Contents”), are protected by copyright and trademark laws, and are the property of their owners. You may access the Website Contents only for your personal use; you may not download, republish, retransmit, reproduce or make any other use of the Website Contents. We reserve all rights in and to the Website Contents, and in no event will you obtain any ownership rights in any Website Contents.
You may not publish, display, reproduce or commercially exploit any of the Website Contents unless you obtain our prior written consent and the prior written consent of all other persons or entities with an interest in the intellectual property at issue. You may not modify, copy, transmit, adapt or in any other way exploit any of the Website Contents.
You represent and warrant that you have the right to submit any and all photos, videos, images, materials, suggestions, information, ideas, comments and other content that you submit or upload to the Website or that you tag or share to any La Paloma Studio social media platform, such as Facebook, Instagram or Twitter (“Submitted Content”). By submitting or uploading any Submitted Content to this Website or tagging or sharing Submitted Content to a La Paloma Studio social media platform, you authorize La Paloma Studio to use such Submitted Content in any and all media at any time without limitation, including without limitation in connection with any of La Paloma Studio’s digital platforms, social media platforms, marketing initiatives and communications, and you assign, transfer, and convey to La Paloma Studio all of your right, title and interest in and to such Submitted Content.
Except for information necessary to process your orders or use our services, you should not submit or upload any confidential or proprietary information to this Website or tag or share confidential or proprietary information to any La Paloma Studio social media platform. Any Submitted Content submitted or uploaded to this Website or that you tag or share to any La Paloma Studio social media platform will be considered non-confidential, and by submitting or uploading it to this Website or tagging or sharing Submitted Content to a La Paloma Studio social media platform, you are giving La Paloma Studio the absolute right to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you.
You must abide by all additional copyright notices or other restrictions contained anywhere in the Website.
You agree not to do any of the following while using the Website or tagging or sharing to any La Paloma Studio social media platforms:
Harass, stalk or otherwise abuse another user;
Transmit or otherwise make available any Submitted Content that is false, harmful, threatening, abusive, tortuous, defamatory, libelous, disparaging (including, but not limited to disparaging of the Website or its owner), vulgar, obscene, pornographic or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as we may determine in our sole discretion);
Transmit or otherwise make available any Submitted Content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of La Paloma Studio or any third party;
Upload or transmit viruses, Trojan horses or other harmful, disruptive or destructive files or post material that interferes with La Paloma Studio's or any third party's uninterrupted use and enjoyment of the Website;
Impersonate any person or entity, or otherwise disguise the origin of any Submitted Content transmitted through the Website or to us, including forging any TCP/IP packet header or any part of the header information in any transmission to the Website for any reason;
Transmit or otherwise make available through the Website any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas specifically designated for such purposes which in all cases are consistent with this Agreement;
Pretend to be La Paloma Studio or someone else, or spoof La Paloma Studio or someone else's identity;
Forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Submitted Content;
Misrepresent your affiliation with a person or entity;
Disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects the ability of other users to use the Website;
Engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or Website, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or
Collect or store personal data about other users unless specifically authorized by such users and in conformity with these Terms and Conditions; or
Violate any applicable local, state, federal or international law, rule or regulation.
Links
These Terms and Conditions apply only to this Website, and not to the Websites of any other companies or organizations, including those to which this Website may link. We are not responsible for the availability of any other Website to which this Website links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other Website. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other Website. Hyperlinks to other Websites from the Website are provided as resources to customers looking for additional information and/or professional opinions. La Paloma Studio does not assume responsibility for the claims and/or representations made on these or any other Websites. You should direct any concerns to that Website's administrator or webmaster. Your linking to any other Websites is at your own risk.
Other Websites may link to this Website only through a plain-text link or provided graphics link. Permission must be granted by us for any other type of link to the Website. To seek our permission, you may send an e-mail to lapatrona@lapalomastudio.com. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link this Website, at our discretion at any time.
Disclaimer of Warranties and Limitation of Liability
The materials on or from this website are provided "as is" and "with all faults" without warranties of any kind, either express or implied. We disclaim all warranties to the maximum extent of the law, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
Neither we nor any of our respective licensors or suppliers warrant that any functions contained in the website will be uninterrupted or error-free, that defects will be corrected, or that the website or the server that makes them available are free of viruses or other harmful components.
Under no circumstances, including but not limited to negligence, will we or any of our licensors or suppliers be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on the website, or any of the services provided pursuant to the website, even if advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental, consequential or other damages, so the above limitation or exclusion may not apply to you. In no event shall the total liability to you by us or any of our licensors or suppliers for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to us, if any, for accessing the website.
No Personal Advice
The information contained in or made available through this Website (including but not limited to information contained on message boards, in text files, in products, from services, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, psychological, financial, medical, or legal matters. Nothing in this Website is intended or should be construed as medical, legal or business advice. Such advice should only be obtained from professionals hired by you for that purpose.
Trademarks
"La Paloma Studio", “LPS” and other La Paloma Studio logos, page headers, button icons, scripts, trade names and service names are trademarks, registered trademarks or trade dress of La Paloma Studio or its affiliates in the U.S. and/or other countries. La Paloma Studio's trademarks and trade dress may not be used in connection with any product or service that is not La Paloma Studio's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits La Paloma Studio. All other trademarks not owned by La Paloma Studio or its affiliates that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by La Paloma Studio or its affiliates.
Parental Permission; Minimum Age Requirement
The Website (as well as any product or service utilized or otherwise obtained from this Website) and La Paloma Studio’s social media platforms are not directed to persons under the age of 18 and we will not knowingly collect personally identifiable information from persons under 18. WE STRONGLY RECOMMEND THAT PARENTS PARTICIPATE IN THEIR CHILDREN'S USE OF THE INTERNET AND ANY ONLINE SERVICES, AND USE THEIR BROWSERS' PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS.
We hereby require all users of the Website and La Paloma Studio social media platforms to be over 18 years of age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions. If you are under 18, you agree to immediately stop accessing the Website and La Paloma Studio’s social media platforms. If you are accessing the Website or purchasing any products from the Website, or tagging or sharing to La Paloma Studio social media platforms, you represent that you are at least 18 years of age.
IV. OTHER TERMS AND CONDITIONS
Governing Law and Jurisdiction: Except for matters governed by the Federal Arbitration Act and federal arbitration law as provided above, any dispute arising out of or related to these Terms and Conditions or the sales transactions between La Paloma Studio and Customer shall be governed by the laws of the State of New Mexico, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this Agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Except for matters governed by the arbitration provision, above, La Paloma Studio and you consent to the exclusive jurisdiction and the exclusive venue of the State Courts or Federal Courts of the State of New Mexico, Santa Fe County jurisdictions, to resolve any dispute between them related hereto, and the parties waive all rights to contest this exclusive jurisdiction and venue of such Courts.
Salvatorian Clause: If any provision contained in this Agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or un-enforceability shall not affect the remaining provisions and portions of this Agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable New Mexico and federal law.
Waiver: The failure of either party to require performance by the other party of any provision of this Agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this Agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
Entire Agreement: These Terms and Conditions are the complete and exclusive agreement between La Paloma Studio and Customer, regarding Customer's purchase of products through the Website and Customer’s accessing or use of the Website, including any of the products offered by La Paloma Studio from the Website, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between La Paloma Studio and Customer relating to such matters. This Agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.
Contact Us: If you need to contact us, please direct correspondence to:
La Paloma Studio, LLC, 1113 Sangre de Cristo, Santa Fe, NM 87501
lapatrona@lapalomastudio.com