Terms and Conditions
Updated: July 8, 2026
1. Introduction and Acceptance of Terms
These Terms and Conditions ("Terms") govern your access to and use of LatinAmericanArt.com and all related websites, applications, content, features, services, communications, and tools (collectively, the "Platform"). LatinAmericanArt.com (the "Platform") is owned and operated by Lucy Brands LLC, a Texas limited liability company ("Lucy Brands LLC," "LatinAmericanArt.com," "we," "our," or "us"). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Platform. These Terms constitute a legally binding agreement between Lucy Brands LLC and any individual or entity accessing or using the Platform ("User," "you," or "your").
2. Purpose and Mission of the Platform
LatinAmericanArt.com is a membership-based online platform dedicated to the documentation, promotion, preservation, organization, and discovery of Latin American art and related cultural activities. The Platform serves galleries, museums, institutions, art fairs, collectors, researchers, curators, educators, and the public. The preservation of Historical Records is a core purpose of the Platform. Users acknowledge that LatinAmericanArt.com functions not only as a promotional and discovery resource, but also as an educational, research, and archival resource dedicated to preserving information relating to Latin American art.
3. Definitions
"Content" means any text, images, photographs, artwork images, videos, audio, graphics, logos, metadata, descriptions, records, documents, or other materials displayed on or submitted to the Platform. "Historical Records" means artist profiles, artwork records, exhibition records, event records, publication references, collection references, images, metadata, URLs, internal references, archival materials, educational materials, research materials, and related information maintained by the Platform. "Member" means any gallery, museum, institution, art fair, auction house or other approved organization maintaining a paid or unpaid account on the Platform. "Services" means all products, memberships, advertising services, promotional services, features, tools, communications, and functionality offered through the Platform. "User" means any person or entity accessing or using the Platform.
4. Eligibility
You must be at least eighteen (18) years of age to use the Platform. If you create an account on behalf of an organization, you represent that you have authority to bind that organization to these Terms. You agree to provide accurate and complete information when creating an account and to keep such information current.
5. Memberships
Memberships are available to approved galleries, museums, institutions, art fairs, auction houses and other organizations approved by LatinAmericanArt.com. Membership levels, pricing, features, and benefits may be modified at any time. Membership approval is subject to the sole discretion of LatinAmericanArt.com. The Platform reserves the right to refuse, suspend, or terminate any membership.
6. Founding Gallery Program
LatinAmericanArt.com may offer a Founding Gallery Program or similar promotional membership program. Participation is by invitation or approval only. Benefits, pricing, eligibility requirements, and availability may be modified or discontinued at any time. Founding Gallery status is non-transferable.
7. Billing and Renewals
Membership fees are payable in advance according to the selected membership plan. Unless otherwise stated, memberships automatically renew at the end of each billing cycle. Members authorize LatinAmericanArt.com to charge the payment method provided for applicable fees and taxes. Membership fees are non-refundable unless required by law.
8. Five-Day Grace Period
A five (5) calendar day grace period applies to unpaid memberships. If payment remains unpaid after the grace period, LatinAmericanArt.com may suspend or terminate the membership and related Services. The Platform may remove or restrict access to content, profiles, listings, analytics, advertising services, and promotional features during suspension.
9. User Conduct
Users shall use the Platform in a lawful and respectful manner. Users may not submit false, misleading, fraudulent, defamatory, or unlawful content. Users may not impersonate another person or organization. Users may not interfere with the operation or security of the Platform. Users may not use the Platform in violation of applicable law.
10. Prohibited Uses
Users may not: (a) upload malicious software, viruses, or harmful code; (b) attempt unauthorized access to the Platform or any account; (c) misrepresent artists, artworks, exhibitions, organizations, or affiliations; (d) create fictitious artists, galleries, institutions, exhibitions, collections, or Historical Records; (e) use the Platform to engage in unlawful, deceptive, or fraudulent activity; or (f) circumvent fees, restrictions, or security measures implemented by the Platform.
11. Scraping, Data Harvesting, and AI Restrictions
Users may not scrape, harvest, download, copy, extract, or systematically collect Content or data from the Platform without prior written consent. Users may not use automated tools, bots, crawlers, spiders, scripts, or similar technologies to access or collect information from the Platform. No Content from the Platform may be used for artificial intelligence training, machine learning, data mining, dataset creation, vector databases, retrieval systems, large language models, or similar purposes without prior written consent from LatinAmericanArt.com. Users may not reproduce, republish, sell, license, redistribute, or commercially exploit Platform data without prior written consent.
12. Member Responsibilities
Members are responsible for all Content submitted to the Platform.
Members represent and warrant that: (a) they have the right to publish submitted Content; (b) they have the right to use submitted images; (c) they have the right to publish artist information, exhibition information, and related materials; (d) submitted information is accurate to the best of their knowledge; and (e) submitted Content does not infringe the rights of any third party.
Members are solely responsible for maintaining the accuracy of their information.
13. Content Accuracy
Members should make reasonable efforts to ensure the accuracy of information submitted to the Platform. LatinAmericanArt.com does not independently verify all information appearing on the Platform. The Platform may correct, edit, update, supplement, reorganize, categorize, translate, or reformat Content at any time. The Platform reserves the right to remove inaccurate, misleading, fraudulent, unlawful, or inappropriate Content.
14. Advertising Services
LatinAmericanArt.com may offer advertising services to Members and other approved organizations. Advertising opportunities may include display advertisements, sponsored content, newsletter placements, promotional campaigns, homepage visibility, category visibility, and other advertising products offered by the Platform. Advertising availability, pricing, placement, duration, and eligibility are determined solely by LatinAmericanArt.com. The Platform reserves the right to reject, modify, suspend, or remove advertising content at any time.
15. Featured Placements
LatinAmericanArt.com may offer featured placements for galleries, museums, institutions, art fairs, artists, exhibitions, events, and related content. Featured placements may appear throughout the Platform and related communications. Featured placement does not constitute an endorsement, recommendation, authentication, valuation, certification, or approval by LatinAmericanArt.com. The Platform makes no guarantee regarding the performance of any featured placement.
16. No Performance Guarantees
Memberships, advertising services, featured placements, sponsorships, and promotional services are intended to provide visibility and exposure. LatinAmericanArt.com does not guarantee sales, inquiries, leads, traffic, exposure, collector engagement, media coverage, revenue, search rankings, or return on investment. No refund shall be owed because expected business results were not achieved.
17. Intellectual Property Rights
The Platform and its design, functionality, software, organization, databases, trademarks, service marks, logos, graphics, and proprietary materials are owned by or licensed to Lucy Brands LLC. Except as expressly permitted by these Terms, no portion of the Platform may be copied, reproduced, modified, distributed, republished, sold, licensed, or commercially exploited without prior written consent. All rights not expressly granted are reserved.
18. User Content License
Users retain ownership of Content they submit to the Platform. By submitting Content, Users grant LatinAmericanArt.com a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, transferable, and sublicensable license to host, store, display, reproduce, publish, distribute, archive, promote, and use such Content in connection with the operation and promotion of the Platform. This license includes use in: (a) the Platform; (b) social media; (c) advertising materials; (d) educational materials; (e) research materials; (f) newsletters; (g) Historical Records; and (h) archival materials. This license survives membership termination to the extent necessary to maintain Historical Records.
19. Promotional and Social Media Rights
Users grant LatinAmericanArt.com the right to use submitted Content for promotional, advertising, educational, archival, editorial, and social media purposes. Such use may include current and future social media platforms. No compensation shall be owed for such uses unless otherwise agreed in writing.
20. Historical Records
Historical Records are a core component of the Platform. Users acknowledge that the preservation of Historical Records is a core purpose of LatinAmericanArt.com. Historical Records may remain on the Platform indefinitely, subject to applicable law and valid legal obligations requiring removal. Membership termination does not require the removal of Historical Records.
21. Artist Records
LatinAmericanArt.com may maintain artist profiles, biographies, exhibition histories, publication references, artwork references, and related information as Historical Records. Artist records may remain available after membership termination. Membership in the Platform does not grant ownership of artist records maintained by LatinAmericanArt.com.
22. Artwork Records
LatinAmericanArt.com may maintain artwork records, images, descriptions, dimensions, exhibition histories, publication references, and related information as Historical Records. Artwork records may remain available after membership termination. The fact that information was originally supplied by a Member does not require its removal from Historical Records.
23. Private Collection and Archival Designations
LatinAmericanArt.com may designate Artwork as: (a) Private Collection; (b) Sold; (c) Archived; (d) Not Available; (e) Collection Record; or (f) any similar designation determined by the Platform. Such designations may remain indefinitely as part of Historical Records.
24. Historical Accuracy and Updates
LatinAmericanArt.com may modify, update, supplement, clarify, or correct Historical Records at any time. The Platform may preserve historical information while updating inaccurate or incomplete information. The Platform is not obligated to remove Historical Records solely because information has changed over time.
25. Artist Legacy Preservation
LatinAmericanArt.com may preserve artist information, biographies, exhibition histories, publication references, artwork records, and related materials as part of its ongoing educational, cultural, research, and archival mission. The Platform may continue maintaining artist records regardless of changes in gallery representation, ownership, membership status, or organizational relationships.
26. Membership Termination and Continued Records
A Member may terminate its membership at any time in accordance with applicable membership terms. LatinAmericanArt.com may suspend or terminate a membership at any time for violation of these Terms, non-payment, unlawful activity, misuse of the Platform, or any other reason deemed appropriate by the Platform. Termination of membership does not require the removal of Historical Records. Historical Records may remain available after membership termination.
27. Search Engine Indexing and URL Preservation
LatinAmericanArt.com may preserve URLs, internal links, references, citations, related-content relationships, and Historical Records for archival, organizational, educational, technical, or search-related purposes. Users acknowledge that Historical Records may continue to appear in search engines and third-party archives after membership termination. LatinAmericanArt.com is not obligated to request the removal of search engine indexing resulting from lawful publication of Historical Records.
28. Analytics Disclaimer
The Platform may provide analytics, reports, statistics, performance data, visitor information, engagement information, or related metrics. Such information is provided for informational purposes only. Analytics may contain delays, inaccuracies, omissions, estimates, or technical limitations. LatinAmericanArt.com does not guarantee the accuracy, completeness, or reliability of analytics data.
29. Virtual Room and Visualization Features
The Platform may offer virtual room displays, visualization tools, augmented reality features, placement simulations, or similar technologies. These features are provided for illustrative purposes only. LatinAmericanArt.com does not guarantee dimensional accuracy, scale accuracy, color accuracy, framing accuracy, lighting accuracy, placement accuracy, or suitability for any particular space. Users should independently verify all measurements and specifications.
30. AI-Generated Content
Users may not submit AI-generated content that is false, misleading, fraudulent, deceptive, or intended to misrepresent artists, artworks, exhibitions, collections, institutions, or historical information. Users may not use AI tools to fabricate provenance, exhibition histories, publication histories, artist biographies, ownership histories, or other material information. LatinAmericanArt.com reserves the right to remove AI-generated content that it determines is inaccurate, misleading, or inconsistent with the integrity of the Platform.
31. Copyright and DMCA
LatinAmericanArt.com respects the intellectual property rights of others. Copyright owners who believe their rights have been infringed may submit a written notice identifying the copyrighted work, the allegedly infringing material, and sufficient contact information. Upon receipt of a valid copyright complaint, LatinAmericanArt.com may investigate the matter and take appropriate action in accordance with these Terms, applicable law, and the Digital Millennium Copyright Act ("DMCA"). The Platform reserves the right to remove, restrict, disable, or investigate challenged material and to terminate repeat infringers where appropriate. For additional information regarding the DMCA, please refer to the official publication of the U.S. Copyright Office: Digital Millennium Copyright Act (DMCA)
32. Adult Content
The Platform may contain artistic content depicting nudity, sexuality, religion, politics, violence, historical events, or other mature subject matter. LatinAmericanArt.com may permit such content when it possesses artistic, cultural, historical, educational, academic, or scholarly value. Individuals under eighteen (18) years of age should access the Platform only with the knowledge and guidance of a parent, guardian, or responsible adult. The Platform reserves the right to remove, restrict, label, or limit access to content that it determines is unlawful, excessively graphic, or inconsistent with Platform standards.
33. Third-Party Websites and Services
The Platform may contain links to third-party websites, applications, services, products, resources, social media platforms, advertisements, or other content operated by third parties. LatinAmericanArt.com does not own, control, endorse, monitor, or assume responsibility for any third-party website, service, content, product, or organization. Access to third-party websites and services is at the User's own risk. Users should review the applicable terms, conditions, privacy policies, and practices of any third-party website or service they choose to access. Lucy Brands LLC shall not be liable for any loss, damage, claim, dispute, transaction, communication, or interaction arising from or relating to any third-party website, service, organization, or content.
34. Privacy and User Information
Use of the Platform is subject to the Privacy Policy. Users agree to provide accurate information and to maintain the confidentiality of account credentials. Users may not collect, harvest, use, or disclose personal information obtained through the Platform except as permitted by law and these Terms. LatinAmericanArt.com may use and disclose information as described in its Privacy Policy.
35. Disclaimer of Warranties
The Platform and all Services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, LatinAmericanArt.com disclaims all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, availability, accuracy, reliability, non-infringement, and uninterrupted operation. LatinAmericanArt.com does not guarantee that the Platform will be error-free, secure, uninterrupted, or free of harmful components.
36. Limitation of Liability
To the fullest extent permitted by law, Lucy Brands LLC and its owners, officers, directors, employees, contractors, affiliates, and representatives shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages arising from or relating to the Platform or Services. The total liability of Lucy Brands LLC for any claim arising from or relating to the Platform or Services shall not exceed the total amount paid by the Member to LatinAmericanArt.com during the twelve (12) months preceding the event giving rise to the claim. If no fees were paid, total liability shall not exceed one hundred U.S. dollars (US $100).
37. Indemnification
Users agree to defend, indemnify, and hold harmless Lucy Brands LLC and its owners, officers, directors, employees, contractors, affiliates, and representatives from any claims, liabilities, damages, losses, costs, or expenses arising from: (a) User Content; (b) violation of these Terms; (c) violation of applicable law; (d) infringement of intellectual property rights; (e) misuse of the Platform; or (f) inaccurate, misleading, or unlawful information submitted by the User.
38. Suspension and Termination
LatinAmericanArt.com may suspend, restrict, or terminate access to the Platform at any time. Grounds for suspension or termination may include non-payment, violation of these Terms, unlawful conduct, misuse of the Platform, intellectual property violations, fraudulent activity, or any conduct that may harm the Platform or its users. Termination of access does not affect the Platform's rights relating to Historical Records.
39. Data Retention
LatinAmericanArt.com may retain account information, Content, Historical Records, communications, logs, analytics, and related information for operational, legal, security, research, educational, archival, and historical purposes. Retention periods shall be determined by LatinAmericanArt.com in its sole discretion, subject to applicable law.
40. Spanish Language Version
The Platform may provide translations of these Terms and other content for convenience. In the event of any conflict between the English version and a translated version, the English version shall control.
41. Arbitration
41.1 Arbitration Notice
Except for disputes expressly excluded under these Terms or where prohibited by law, any dispute arising out of or relating to these Terms or the Platform shall be resolved through binding individual arbitration.
41.2 Jury Trial Waiver
You and Lucy Brands LLC waive the right to a trial by jury.
41.3 Class Action Waiver
You and Lucy Brands LLC waive the right to participate in any class action, class arbitration, collective action, representative action, consolidated action, or similar proceeding.
All arbitration proceedings shall be conducted on an individual basis only.
41.4 Arbitration Location
The Federal Arbitration Act shall govern this arbitration provision. Unless otherwise agreed in writing, arbitration shall take place in Dallas County, Texas.
41.5 Exceptions
Nothing in this Section prevents either party from seeking injunctive or equitable relief to protect intellectual property rights, confidential information, Platform security, or violations of the scraping and AI restrictions contained in these Terms.
42. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles. The Federal Arbitration Act shall govern all matters relating to arbitration.
43. Venue
To the extent any dispute is not subject to arbitration, the parties agree that the state and federal courts located in Dallas County, Texas shall have exclusive jurisdiction. Each party consents to the personal jurisdiction of such courts.
44. Class Action Waiver
To the fullest extent permitted by law, all claims must be brought solely in an individual capacity. No claim may be brought as a class action, collective action, representative action, mass action, or consolidated proceeding.
45. Force Majeure
LatinAmericanArt.com shall not be liable for any delay, interruption, or failure to perform resulting from events beyond its reasonable control. Such events may include natural disasters, acts of government, war, terrorism, labor disputes, internet failures, utility failures, cyberattacks, pandemics, epidemics, or failures of third-party service providers.
46. Modification of Terms
LatinAmericanArt.com may modify these Terms at any time. Updated Terms become effective upon posting to the Platform unless otherwise stated. Continued use of the Platform after updated Terms are posted constitutes acceptance of the revised Terms.
47. Assignment
Users may not assign or transfer their rights or obligations under these Terms without prior written consent from LatinAmericanArt.com. Lucy Brands LLC may assign these Terms or any related rights or obligations at any time.
48. Severability
If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
49. No Waiver
Failure by LatinAmericanArt.com to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
50. Entire Agreement
These Terms, together with the Privacy Policy and any additional policies or service-specific terms published by the Platform, constitute the entire agreement between the parties regarding the Platform and Services.
51. Contact Information
LatinAmericanArt.com
Owned and operated by Lucy Brands LLC
4447 N Central Expressway Ste. 110
Dallas, Texas 75205 USA
Questions regarding these Terms may be submitted through the contact page.
52. Effective Date
These Terms are effective as of the date displayed at the beginning of this document and remain in effect until modified or replaced by LatinAmericanArt.com.
53. Mission Statement
Users acknowledge that LatinAmericanArt.com is a membership-based platform dedicated to the documentation, promotion, preservation, organization, discovery, and study of Latin American art. The preservation of Historical Records is a core purpose of the Platform. Membership status may terminate, but Historical Records may remain. Subject to applicable law and valid legal obligations requiring removal, LatinAmericanArt.com may continue to maintain, organize, display, preserve, and reference Historical Records indefinitely as part of its educational, cultural, research, promotional, and archival mission.
54. Member Warranties
Members represent and warrant that: (a) they possess all rights necessary to submit Content to the Platform; (b) they possess all rights necessary to display artwork images submitted to the Platform; (c) they possess all rights necessary to publish artist information, exhibition information, and related materials submitted to the Platform; (d) submitted Content does not knowingly infringe the rights of any third party; and (e) submitted information is accurate to the best of their knowledge.
55. Future Services
LatinAmericanArt.com may introduce new Services, features, membership levels, advertising products, sponsorship opportunities, promotional tools, educational resources, research resources, analytics services, language versions, and related offerings at any time. The Platform shall have no obligation to continue any specific feature or Service.
56. Platform Availability
LatinAmericanArt.com does not guarantee continuous availability of the Platform. The Platform may be modified, updated, interrupted, suspended, or discontinued at any time. Maintenance, technical issues, security concerns, third-party failures, and other circumstances may affect availability.
57. Feedback
Users may provide suggestions, ideas, recommendations, comments, or feedback regarding the Platform. LatinAmericanArt.com may use such feedback without restriction and without compensation.
58. Relationship of the Parties
Nothing in these Terms creates any partnership, joint venture, agency, employment relationship, fiduciary relationship, franchise relationship, or similar relationship between any User and Lucy Brands LLC.
59. No Endorsement
The inclusion of any artist, artwork, gallery, museum, institution, art fair, exhibition, event, publication, or other Content on the Platform does not constitute an endorsement, authentication, valuation, recommendation, certification, or approval by LatinAmericanArt.com.
60. Survival
Any provisions that by their nature should survive termination shall survive termination of these Terms, including provisions relating to: (a) Historical Records; (b) Content licenses; (c) intellectual property rights; (d) limitation of liability; (e) indemnification; (f) arbitration; (g) governing law; (h) data retention; (i) archival rights; and (j) promotional rights.