Terms & Conditions | Mel Casas

TERMS & CONDITIONS:

M. Bruce Casas ( "Site Owner") welcomes you to the MEL CASAS website (the “Site”). The Site is owned and operated by m. bruce casas. These Website Terms and Conditions (the “Agreement”) contains the terms, covenants, conditions, and provisions upon which you (also referred to herein as “User”) may access and use the Site, its features and the content displayed on the Site. This Agreement also incorporates The Casas Family and the "Site Owner"Privacy Policy, which is applicable to your use of this Site and can be found here. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.

(1) ACCEPTANCE OF TERMS

By accessing and using the Site you affirmatively acknowledge that you understand and intend this Agreement to be the legal equivalent of a signed, written contract and equally binding, and that you accept such Agreement and agree to be legally bound by it. The "Site Owner" reserves the right to update or modify this Agreement (and the Privacy Policy) at any time subject to providing, where practicable, notice to you (e.g., by postings on the Site). You agree to periodically review the Agreement and your continued use of this Site, following reasonable notice of any such modifications, will constitute acceptance of such changes. Notices we may provide on this Site itself shall be deemed reasonable notice for this purpose.

(2) INTELLECTUAL PROPERTY RIGHTS

The Site is owned and operated by m. bruce casas ("site owner"). The text, images, graphics, information and other data on the Mel Casas Site are protected by law, including but not limited to, United States intellectual property law and related law (including copyright law, trademark law, and individual’s rights of publicity), as well as other state, national, and international laws and regulations and also may be covered by other restrictions. All content, including but not limited to images, information, products, services, documentation, trademarks, service marks, trade names, logos, and icons provided by The Casas Family or featured on the Site are proprietary to The Casas Family. The Casas Family retains all rights, including copyright, in data, images, documentation, text, and other information contained in the Site (collectively, the “Content”), including the selection and arrangement of elements of the Site as a collective work.

Images used on the Site may be made available in small size and/or in low resolution. If you have any questions regarding the copyright status of the relevant images on the Site, or are interested in securing rights to use certain images beyond the scope of the license granted herein, please contact:

m. bruce casas
tel: 512.731.6122
email: hello@melcasas.com

(3) INFRINGEMENT NOTICES

The Casas Family and the "Site Owner" respects the intellectual property of others, and we ask users of the Site to do the same. The Casas Family or "Site Owner" may, in appropriate circumstances and at its discretion, take reasonable steps to disable and/or terminate access to the Site of Users who may be repeat infringers of intellectual property rights.

(4) PRIVACY POLICY

Please see the SITE's Privacy Policy for a summary of the Site’s personal data collection and use practices with respect to the Site. The Privacy Policy is incorporated in this Agreement. By using this Site, you consent to the "Site Owner"use of personal data as outlined therein.

(5) ASSUMPTION OF RISK

You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While The Casas Family and the "Site Owner" have endeavored to create a reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, The Casas Family or the "Site Owner" is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. "The Site Owner" shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using this Site.

(6) LINKS

The Site Owner provides links to other resources and websites on the World Wide Web for your convenience in locating related information and content. The Casas Family and the "Site Owner" has no control over such sites or resources, since third parties maintain them, and has not necessarily reviewed these sites. Accordingly, The Site Owner expressly disclaims any responsibility for the availability of such external sites or resources, the privacy policies and information collection practices, the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party websites. In addition, such links to, or the display of Content on, such third-party sites does not imply an endorsement of any third party or any website or the products or services provided by any third party. The Casas Family and the "Site Owner" expressly disclaims any liability, whether direct or indirect, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on websites or related services it does not control.

(7) INDEMNIFICATION

You agree to indemnify and hold harmless The Casas Family, and the "Site Owner", its trustees, officers, employees, legal representatives, licensors and agents, predecessors, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from (1) any content you submit, post, transmit or otherwise make available to the The Casas Family and the "Site Owner" via the Site, your use of and connection to the Site and the services offered through it, your breach of this Agreement, or your violation of any rights of another, (2) any inaccuracy, error, or delay in, or omission of (a) any information, or (b) the transmission or delivery of information; and (3) any loss or damage arising from or occasioned by (a) any such inaccuracy, error, delay, or omission, (b) non-performance, (c) interruption of information due to the negligence of The Casas Family, and the "Site Owner", or its agents; and (d) any “force majeure” (e.g., flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, terrorism, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction); unauthorized access or theft; operator errors; communications line failure or systems failures; or any other cause beyond the reasonable control of The Casas Family, "Site Owner", or its agents.

(8) DISCLAIMER OF WARRANTIES

You expressly understand and agree that:

YOUR USE OF THE SITE AND SERVICE IS AT YOUR SOLE RISK. THE SITE AND ALL OF ITS CONTENT ARE PROVIDED ON AN "AS IS" BASIS AND “AS AVAILABLE” BASIS AND ARE MADE AVAILABLE WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. THE CASAS FAMILY and its agents and all of their respective licensors, employees, agents, directors, officers, proprietors, partners, representatives, shareholders, legal representatives, servants, attorneys, predecessors, successors, and assigns expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement WITH RESPECT TO THE SITE OR ANY CONTENT. FURTHER, THE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. THE "SITE OWNER" MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE AND THE CONTENT AT ANY TIME, FOR ANY REASON.
Neither The Casas Family, the "Site Owner", or its agents warrant or make any representations that (a) the Site will meet your requirements, (b) the Site will be uninterrupted, timely, secure, or error free, or (c) results that may be obtained from the use of the Site (including any information and materials on this Site) will be correct, accurate, reliable, or otherwise.
Reference herein to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favoring by The Casas Family or the "Site Owner".

(9) LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL THE CASAS FAMILY, or "SITE OWNER", OR ITS AGENTS, OR ANY OF THEIR RESPECTIVE LICENSORS, EMPLOYEES, AGENTS, DIRECTORS, OFFICERS, PROPRIETORS, PARTNERS, REPRESENTATIVES, SHAREHOLDERS, LEGAL REPRESENTATIVES, PREDECESSORS, SUCCESSORS, AND ASSIGNS BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THIS SITE OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES FOR LOSS OF PRESENT OR PROSPECTIVE PROFITS, EXPENDITURES, INVESTMENTS OR COMMITMENTS, goodwill, use, data or other intangible losses (even if THE CASAS FAMILY and "SITE OWNER" have been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the SITE OR service; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the SITE OR service; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the SITE OR service; or (e) any other matter relating to the SITE OR service.

IN ANY EVENT, THE AGGREGATE LIABILITY OF THE CASAS FAMILY AND "SITE OWNER" FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS SITE AND THE CONTENT SHALL NOT EXCEED $100.00 (U.S.).

(10) SUBMISSIONS

The Casas Family and the "Site Owner" also welcomes your feedback and suggestions about how to improve this Site. Any ideas, suggestions, information, know-how, material, or any other content (collectively, "Submissions") received through this Site, however, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for The Casas Family and "Site Owner" to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, display (in whole or part) worldwide, or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. You hereby waive any claim to the contrary.

(11) GOVERNING LAW

The Terms and Conditions and the relationship between you and The Casas Family and the "Site Owner" shall be governed by the laws of the State of Texas, without regard to conflicts of law rules. You and The Casas Family agree to submit to the personal and exclusive jurisdiction and venue for any dispute in the state and federal courts of San Antonio, Texas.

(12) TERM, TERMINATION, AMENDMENT

The Casas Family and the "Site Owner" reserves the right in its sole discretion to terminate or restrict your use of the Site, or any part of the Site, without notice, for any or no reasons, and without liability to you or any third party.

(13) WAIVER

Failure to insist on strict performance of any of the terms and conditions of this Agreement by The Casas Family and the "Site Owner" will not operate as a waiver of any subsequent default or failure of performance. No waiver by The Casas Family Trust or s"Site Owner" of any right under this Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

(14) NATURE OF RELATIONSHIP/SEVERABILITY

No joint venture, partnership, employment, or agency relationship exists between you and The Casas Family or the "Site Owner" as a result of this Agreement or your use of this Site. If a court or tribunal of competent jurisdiction holds any provision of this Agreement unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.

(15) ENTIRE AGREEMENT/RESERVATION OF RIGHTS

This Agreement, including the Privacy Policy, represent the entire agreement between you and The Casas Family or the "Site Owner" with respect to your use of the Site and the Content, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and The Casas Family or the "Site Owner" with respect to this Site. Any rights not expressly granted herein are reserved.

NOTICE: All paintings represented on this site are the original work of Mel Casas. The paintings and their images are not to be reproduced, copied, or used for any other purposes without explicit permission..

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