Terms, privacy and rights that govern this studio.

1.1 Acceptance of Terms

By accessing or using the website ismaelmorelos.com (the "Website"), you agree to be bound by these Terms of Service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. These Terms constitute a legally binding agreement between you ("User", "you" or "your") and Ismael Morelos Fine Art ("IMFA", "we" or "our"), a limited liability company, and Ismael Morelos individually as artist and owner.

If you do not agree with any of these Terms, you are prohibited from using or accessing this Website. The materials contained on this Website are protected by applicable copyright and trademark laws.

1.2 Eligibility

You must be at least 18 years of age to use this Website or make any purchase. By using this Website and agreeing to these Terms, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into a binding agreement.

1.3 Changes to the Terms

IMFA reserves the right to revise these Terms at any time without prior notice. By continuing to use the Website after changes are posted, you agree to be bound by the revised Terms. The "Last Updated" date at the top of this page indicates when the most recent changes were made.

1.4 Account Registration

Some features of the Website may require you to provide personal information such as your name, email address, and contact details. You agree to provide accurate, current, and complete information and to maintain the accuracy of that information. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

1.5 Prohibited Uses

You may not use this website:

• For any illegal purpose or in violation of any applicable law or regulation.
• To reproduce, duplicate, copy, sell, resell, or exploit any part of the website or its content without IMFA's express written permission.
• To download, save, capture, or otherwise misappropriate any photographic image displayed on this website for any purpose.
• To use any content, images, metadata, or text from this website for training artificial intelligence models, machine-learning systems, generative AI, diffusion models, or any form of automated computational analysis (see Section 05).
• To include any content from this website in any dataset, database, or corpus used for AI research, development, or implementation.
• To impersonate or misrepresent your affiliation with any person or entity.
• To interfere with or disrupt the website or the servers or networks connected to the website.
• To use any automated means (including bots, scrapers, crawlers, or AI training agents) to access the website or collect data from it.
• To frame, duplicate, or otherwise incorporate any part of this website on any other website or application.

1.6 Applicable Law

These Terms shall be governed by and construed in accordance with the laws of Colombia and the United States, without regard to conflict of laws provisions. Any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Colombia and the United States.

1.7 Severability

If any provision of these Terms is deemed unenforceable or invalid, such provision will be limited or eliminated to the minimum extent necessary so that these Terms remain in full force and effect.

Ismael Morelos Fine Art ("IMFA") respects your privacy and is committed to protecting the personal information you share with us. This Privacy Policy describes how we collect, use, and disclose information when you visit ismaelmorelos.com or interact with our services.

2.1 Information We Collect

Information you provide: when you make a purchase, submit an inquiry, subscribe to our mailing list, or otherwise contact us, we may collect your name, email address, telephone number, billing and shipping addresses, payment information (securely processed by third-party processors), and any messages or preferences you communicate to us.

Information collected automatically: when you browse our website, we may automatically collect your IP address, browser type and version, operating system, referring URL, pages visited, time spent on pages, and other browsing behavior through cookies and similar technologies (see Section 13).

2.2 How We Use Your Information

We do not use your personal information for training AI models, and we do not provide your personal information to any third party for AI or machine-learning purposes.

• To process and fulfill orders for artworks, commissions, and art advisory services.
• To communicate with you regarding your purchases, inquiries, and account.
• To send you information about new collections, exhibitions, and events (only with your consent).
• To improve our website, services, and customer experience.
• To comply with legal obligations and protect our rights.
• To detect and prevent fraud or unauthorized transactions.

2.3 Sharing Information

We do not sell, rent, or trade your personal information with third parties. We may share it only with service providers who help us operate the website, process payments, fulfill orders, and deliver artworks; when required by law, regulation, legal process, or governmental request; in connection with a merger, acquisition, or sale of assets; or with authorized gallery partners to facilitate a sale or exhibition you have expressed interest in.

2.4 Data Retention

We retain your personal information for as long as necessary to fulfill the purposes described in this Privacy Policy, comply with our legal obligations, resolve disputes, and enforce our agreements. Purchase records, Certificate of Authenticity details, and edition tracking information are kept indefinitely as part of the permanent provenance record for each artwork.

2.5 Your Rights (GDPR and CCPA/CPRA)

EEA and UK residents have the rights of access, rectification, erasure, restriction of processing, data portability, and objection under the GDPR. California residents have the rights to know, delete, opt out of sale or sharing (we do not sell personal information), and non-discrimination under the CCPA/CPRA. To exercise any of these rights contact info@ismaelmorelos.com; we will respond within 30 days or as required by applicable law.

2.6 International Transfers

Your information may be transferred to and processed in countries other than your country of residence, including the United States. We take appropriate safeguards to ensure your personal data is treated securely and in accordance with this Privacy Policy and applicable data protection laws.

2.7 Security

We implement commercially reasonable security measures to protect your personal information against unauthorized access, use, alteration, or destruction. However, no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

2.8 Children's Privacy

Our website is not directed to individuals under 18. We do not knowingly collect personal information from children. If we become aware that a child under 18 has provided us with personal information, we will take steps to delete it.

3.1 General

All purchases of artworks from ismaelmorelos.com are subject to these Terms of Sale. By placing an order, you agree to be bound by these terms. All artworks are sold by Ismael Morelos Fine Art.

3.2 Pricing

All prices are displayed in US dollars (USD) unless otherwise noted. Prices are subject to change without notice. The price charged will be the price in effect when the order is placed. Prices do not include applicable taxes, shipping, handling, insurance, or framing costs, which are calculated and disclosed at checkout.

3.3 Custom, Made-to-Order Products

All artworks sold through this website are custom and made-to-order. Each fine art print is produced specifically for the buyer, printed on archival substrates, individually inspected by the artist, hand-signed and numbered, and accompanied by a Certificate of Authenticity. Because of their custom nature, standard distance-selling cancellation rights may not apply (see Section 12).

3.4 Order Acceptance

Placing an order constitutes an offer to purchase. All orders are subject to acceptance by IMFA. We reserve the right to refuse or cancel any order for any reason, including product availability, pricing or description errors, suspected fraud, or payment authenticity concerns. If your order is cancelled after payment has been processed, you will receive a full refund.

3.5 Payment

Payment must be received in full before any artwork is produced or shipped. We accept major credit cards and other payment methods displayed at checkout. All payments are processed through secure third-party payment processors; IMFA does not store your full credit card information. For high-value acquisitions, payment plans or wire-transfer arrangements may be available on request at info@ismaelmorelos.com.

3.6 Taxes

You are responsible for all applicable sales taxes, VAT, customs duties, import taxes, and any other taxes or charges imposed by your jurisdiction. IMFA will collect applicable sales tax where required by law.

3.7 Transfer of Ownership

Upon receipt of full payment and delivery, ownership of the physical artwork transfers to the buyer. Ownership of a physical print does not transfer any copyright, reproduction, or intellectual property rights in the artwork. See Section 04.

3.8 Color and Appearance Accuracy

We make every effort to display the colors and details of our artworks as accurately as possible. Because of variations in monitor calibration, screen resolution, lighting, and display technology, the appearance of an artwork on your screen may differ slightly from the physical print. Such variations are inherent to online purchases of visual art and are not grounds for return.

4.1 Ownership of Content

All content on this website — including photographs, images, text, graphics, logos, trademarks, trade dress, designs, layouts, and software — is the exclusive property of Ismael Morelos and/or Ismael Morelos Fine Art and is protected by copyright and all applicable international copyright treaties and intellectual property laws.

All photographs displayed on this website are original works created by Ismael Morelos and are registered or eligible for registration with the Copyright Office. Statutory damages of up to $150,000 per willful infringement may be sought, in addition to attorneys' fees and costs.

4.2 No Transfer of Copyright

Purchase of any physical artwork from IMFA grants ownership only of that specific physical print. The buyer does not acquire copyright, reproduction rights, licensing rights, or any other intellectual property rights in the underlying photographic image. All copyright remains exclusively with Ismael Morelos and Ismael Morelos Fine Art in perpetuity.

4.3 Prohibited Uses

Without IMFA's prior express written consent, you may not:

• Reproduce, copy, scan, photograph, or digitize any artwork in any medium.
• Create derivative works based on any artwork or content from this website.
• Distribute, publish, publicly display (beyond personal display in private residences or offices), transmit, or broadcast any artwork or image.
• Use any artwork or image for commercial purposes, including advertising, marketing, merchandising, or editorial use.
• Use any image, content, metadata, or text from this website for AI training, machine-learning datasets, generative AI, diffusion models, or any form of automated computational analysis (see Section 05).
• Remove, alter, or obscure any copyright notice, watermark, or other proprietary mark.
• Download, save, cache, screenshot, or otherwise capture any image displayed on this website.
• Use web scraping, data mining, automated crawling, or any automated tools to extract content from this website.

4.4 Permitted Personal Display

Buyers of original limited-edition prints may display the acquired artwork in private residences, personal offices, or private collections. Buyers may photograph their acquired artwork for the sole purpose of sharing on personal social media, provided proper credit is given to Ismael Morelos (e.g., "© Ismael Morelos, ismaelmorelos.com") and such photographs are not used for AI training or dataset creation.

4.5 Visual Artists Rights Act (VARA)

All original works of visual art created by Ismael Morelos are protected by the Visual Artists Rights Act of 1990. The artist retains in perpetuity the rights of attribution and integrity, including the right to claim authorship, the right to prevent use of the artist's name in connection with works the artist did not create, and the right to prevent intentional distortion, mutilation, or modification of the work that would be prejudicial to the artist's honor or reputation.

4.6 Enforcement

IMFA actively monitors unauthorized use of its copyrighted works through reverse image search, digital fingerprinting, AI-generated content detection tools, and other proprietary monitoring systems. Any unauthorized reproduction, distribution, AI training use, or other unauthorized use of copyrighted images may result in civil and criminal penalties, including statutory damages of up to $150,000 per infringement plus attorneys' fees and costs. IMFA will vigorously pursue all available legal remedies against infringers without prior notice.

Critical Policy Notice: Ismael Morelos Fine Art expressly prohibits the use of any content from this Website for artificial intelligence training, machine learning, or any form of automated computational analysis. This prohibition is absolute and applies to all parties, including AI companies, researchers, developers, and platform operators. Any violation will be subject to immediate legal action.

5.1 Scope of the Prohibition

IMFA expressly prohibits the use of any content from this website — including photographs, images, image thumbnails, embedded metadata, EXIF data, IPTC data, text, descriptions, artist statements, titles, and any other creative or proprietary content — for the following purposes:

• Training AI models of any kind, including generative AI, large language models (LLMs), diffusion models, image generators, text-to-image systems, image-to-image systems, neural networks, and any other machine-learning architectures, whether existing or developed in the future.
• Inclusion in training datasets, whether curated, scraped, crawled, purchased, or compiled by any means.
• Computational analysis designed to replicate, approximate, or derive from the artistic style, techniques, tonal qualities, or visual characteristics of Ismael Morelos's work.
• Automated extraction, crawling, harvesting, or data mining of images or content by bots, spiders, scrapers, or any automated systems for any purpose, including AI training, dataset compilation, competitive analysis, or unauthorized reproduction.
• Creation of AI-generated derivative works using any artificial or algorithmic tools that reference, are trained on, are inspired by, or are based on the style, composition, subject matter, technique, or visual language of Ismael Morelos's photographic works.
• Embedding or indexing of images into vector databases, embedding spaces, or any systems designed for similarity search, style matching, content-based image retrieval, or visual recommendation for AI applications.
• Benchmark or evaluation datasets used to test AI model capabilities, including image quality assessment, style recognition, or aesthetic evaluation systems.

5.2 Automated Access

Accessing this website by automated means in violation of our restrictions is (a) a violation of the Computer Fraud and Abuse Act and may result in civil and criminal liability; (b) trespass to chattels under applicable state law; and (c) a breach of these Terms of Use that creates contractual liability.

5.3 No Implied License for AI Use

Viewing images on this website does not constitute an express or implied license, consent, or permission for any form of AI training, machine learning, automated processing, or computational analysis. All rights are expressly and unambiguously reserved. No terms of service of any third-party platform, search engine, or AI company may override, supersede, or modify this reservation of rights.

5.4 Use of AI on Social Media

The posting of images by Ismael Morelos or IMFA on Instagram, Facebook, YouTube, Pinterest, or any other social platform does not constitute consent to their use for AI training, machine learning, or dataset creation by any party, including the platform operator. Notwithstanding any provision in a platform's terms of service, IMFA explicitly does not consent to AI training use and has opted out of all available AI training programs across all platforms. All rights remain reserved regardless of the platform on which images are displayed.

5.5 Monitoring and Enforcement

IMFA actively monitors unauthorized AI use of our images through digital fingerprinting, perceptual hashing, reverse image search, AI-generated content detection tools, and other proprietary monitoring systems. We participate in content protection registries and initiatives, including the Content Authenticity Initiative (CAI). We pursue all infringements to the fullest extent of applicable law, including statutory damages under the Copyright Act of up to $150,000 per infringement, injunctive relief, disgorgement of profits, and recovery of attorneys' fees.

5.6 Opt-Out Registries

IMFA registers with all available AI training opt-out programs and content protection initiatives. We support legislative efforts to protect artists' rights against unauthorized AI use, including the proposed AI Training Transparency Act, the EU AI Act, and equivalent international frameworks designed to require consent for the use of creative works in AI training.

6.1 Registered Trademarks

The following names, marks, logos, monograms, and associated visual identities are owned by Ismael Morelos Fine Art and may not be used without prior written authorization: "Ismael Morelos", "IMFA", "Ismael Morelos Fine Art", and all associated logos, monograms, trade dress, and visual design elements.

6.2 Restrictions

Unauthorized use of these marks, including use in meta tags, domain names, social-media handles, advertising, or product descriptions, may constitute trademark infringement and unfair competition. IMFA reserves the right to exercise all available legal remedies for trademark infringement, including injunctive relief and damages.

6.3 Press and Editorial Use

Good-faith press and editorial references to the artist's name and marks in the context of legitimate art coverage, reviews, or criticism are permitted under nominative fair-use principles. Such use must not imply endorsement, sponsorship, or affiliation beyond what is factually accurate.

7.1 Sharing Website Links

You may share links to pages of this website via social media, email, or other means, provided such sharing does not involve reproduction or redistribution of copyrighted images or content.

7.2 Reposting Artwork Images

If you repost or share images from the artist's official social accounts (@ismaelmorelos), you must:

• Use the platform's native share or repost feature (no screenshots or re-uploads).
• Credit @ismaelmorelos visibly in any caption or story.
• Include © Ismael Morelos in any accompanying text.
• Not crop, filter, edit, overlay text on, or otherwise modify the image.
• Not use the images for any commercial purpose, paid promotion, or product listing.
• Not use the images for AI training, dataset creation, or machine-learning purposes.

7.3 Collectors Sharing Acquired Artwork

Collectors who have acquired original limited-edition prints may photograph their installed artwork for sharing on personal social media, provided the post credits Ismael Morelos as the artist, the photograph is of the physical print as displayed and not a digital reproduction, and the image is not used for commercial purposes. This permission is personal and non-transferable.

7.4 Uncredited Reposting

If you find uncredited or unauthorized use of Ismael Morelos's images on social media or any other platform, please report it to info@ismaelmorelos.com with the URL and a screenshot. IMFA actively monitors unauthorized use and appreciates the community's help in protecting the artist's work.

8.1 Authorized Gallery Partners

Galleries and dealers authorized to represent Ismael Morelos's work are granted a limited, non-exclusive, revocable license to use images solely for the purpose of promoting and selling consigned artworks, subject to the terms of their individual Consignment and Representation Agreements.

8.2 Unauthorized Use

Unauthorized galleries, dealers, auction houses, or third parties may not use any content from this website to represent, market, or create the impression of an association with Ismael Morelos or IMFA. Unauthorized use will be treated as trademark infringement, unfair business practices, and copyright infringement, and will be pursued to the fullest extent of applicable law.

8.3 Image License for Galleries

Authorized galleries receive promotional images under a limited license strictly conditioned on the active consignment relationship and compliance with the Consignment Agreement. Gallery promotional images may under no circumstances be used for AI training, machine learning, or dataset creation. Upon termination of the consignment relationship, all promotional images must be removed from gallery websites, social media, and digital platforms within the timeframe specified in the applicable agreement.

8.4 Reporting Unauthorized Representation

If you encounter an entity claiming to represent Ismael Morelos that is not listed on our Gallery Representation page, or are offered artwork purporting to be by Ismael Morelos without proper IMFA authentication, please report it immediately to info@ismaelmorelos.com.

9.1 Edition Structure

All fine art photographs sold by IMFA are issued as limited-edition prints. Each edition is strictly limited to a predetermined number of prints across all sizes, as specified on the individual product page. Once an edition is sold out, the image will never be reprinted in any format or size by IMFA or Ismael Morelos.

9.2 Edition Numbering

Each print within a limited edition is individually numbered in the format "X/Y" (e.g., "3/12"), where X indicates the individual print number and Y indicates the total edition size. In addition to numbered editions, a limited number of Artist Proofs (marked "AP") may be produced at the artist's discretion. Artist Proofs are not included in the numbered edition count.

9.3 Certificate of Authenticity

Each limited-edition print is accompanied by a signed Certificate of Authenticity produced, signed, and shipped exclusively by the artist from the IMFA studio. Each certificate includes the title of the work, the edition number, the total edition size, print dimensions, substrate information, production date, the artist's original signature, a unique certificate identifier (format: IMFA-YYYY-NNNN), a verification code, and a custom holographic security seal. Buyers should keep the Certificate of Authenticity with the artwork at all times as it is essential for authentication, insurance valuation, and future resale.

9.4 Pricing and Edition Tiers

Prices for limited-edition prints may increase as the edition sells out and fewer prints remain available. Once a print in a given price tier has sold, the price will not be reduced. This tiered pricing structure reflects the increasing scarcity and value of each subsequent print within the edition.

9.5 Print Quality and Materials

All limited-edition prints are produced using archival, museum-grade materials from the artist's studio. Prints are produced on Hahnemühle paper using pigment-based inks with permanence in excess of 100 years under proper display and storage conditions. Each print is individually inspected by the artist for color accuracy, print quality, and overall presentation before shipping.

9.6 Transparency

All edition sizes are disclosed at the point of sale; the artist (Ismael Morelos) personally inspects and signs each print; prints are produced on declared archival substrates; and edition records are permanently maintained.

10.1 Private Session Process

Private sessions are offered to clients seeking bespoke artistic photography. All private sessions begin with a consultation to discuss the client's vision, requirements, and budget. A detailed private session proposal will be provided outlining the scope of work, timeline, deliverables, and total cost.

10.2 Payment Terms

Private session projects require a non-refundable deposit of 50% of the total project cost upon acceptance of the private session proposal. The remaining 50% is due upon completion of the project and prior to delivery of the final artwork. For private sessions exceeding $25,000, a customized payment plan may be agreed.

10.3 Deposit and Cancellation

The private session deposit secures the artist's time, resources, and commitment. If the client cancels the private session after the deposit has been paid: before production begins, the deposit is non-refundable but may be applied as credit toward a future private session or purchase within 12 months; after production has begun, the deposit is non-refundable and the client may be responsible for additional costs incurred to date, including travel, equipment rental, and third-party fees. If IMFA is unable to complete a private session due to circumstances within its control, the full deposit will be refunded.

10.4 Intellectual Property in Private Sessions

All copyright in work produced during private sessions remains exclusively with Ismael Morelos and Ismael Morelos Fine Art. The client receives the physical artwork and the right to display it personally. IMFA reserves the right to use images of work produced during private sessions in its portfolio, website, social media, exhibitions, publications, and marketing materials, unless a separate written exclusivity agreement is negotiated. Exclusive use rights or a copyright license may be available for an additional fee. Under no circumstances may work produced during private sessions be used for AI training or machine-learning purposes.

10.5 Revisions

The private session proposal will specify the number of revisions included. Typically one round of revisions to the final print is included (e.g., minor tonal adjustments or cropping). Additional revisions or significant changes to the original brief may incur additional charges, communicated and approved before work continues.

10.6 Timeline

Estimated timelines will be provided in the private session proposal. Timelines may vary depending on location, subject matter, weather conditions, and the complexity of production. While IMFA strives to meet all stated deadlines, delays caused by force majeure events (weather, travel disruptions, natural disasters, pandemics, etc.) will not constitute a breach of the private session agreement.

11.1 Production Time

As each artwork is custom-produced upon request, please allow 15 to 25 business days for production before shipping. Production time may vary depending on print size, substrate selection, framing options, custom orders, and current order volume. You will receive an email confirmation when your order has been shipped.

11.2 Shipping Methods

All artworks are professionally packaged using museum-grade protective materials designed to prevent damage in transit. Prints are shipped via insured, tracked courier services. Carriers and shipping methods vary based on destination and artwork size. We ship worldwide.

11.3 Shipping Costs

Shipping costs are calculated based on artwork dimensions, weight, destination, and selected shipping method. Exact shipping costs will be displayed at checkout before payment is processed. International shipments may be subject to additional customs duties, import taxes, and brokerage fees, which are the sole responsibility of the buyer.

11.4 Insurance

All shipments are fully insured for the purchase price of the artwork during transit. Insurance coverage ends once delivery is confirmed. IMFA is not responsible for any damage, loss, or theft occurring after the artwork has been successfully delivered and signed for.

11.5 Delivery and Inspection

Upon delivery, you are responsible for inspecting the artwork and packaging immediately. If you notice any damage, you must (a) document the damage with photographs before fully unpacking, (b) retain all original packaging materials, and (c) notify IMFA within 48 hours of delivery at info@ismaelmorelos.com. Failure to report damage within 48 hours may affect your ability to claim a replacement under our shipping insurance.

11.6 Risk of Loss

The risk of loss and title to the artwork purchased from IMFA transfer to you upon delivery to the carrier. While the artwork is insured during transit, IMFA is not liable for delays, losses, or damage caused by carriers once the package is in the carrier's possession.

12.1 No Returns on Custom Artwork

Because of the custom, made-to-order nature of all artworks sold through this website, all sales are final. We do not accept returns, exchanges, or cancellations once an order has been placed and payment has been processed. Each print is a unique limited-edition work produced specifically for the buyer. This policy applies equally to all sales, whether made through the website, galleries, or direct inquiry.

12.2 Damaged Artworks

If your artwork arrives damaged in transit, IMFA will replace it at no additional cost, provided you notify us within 48 hours of delivery with photographic evidence of the damage, retain all original packaging materials for inspection, and the damage occurred in transit and is not the result of post-delivery handling. A replacement print will be produced and shipped at our cost. The damaged print must be returned to IMFA (shipping covered by IMFA) or disposed of per instructions.

12.3 Defective Prints

If on inspection you identify a manufacturing defect (e.g., printing errors, substrate damage during production), contact us within 7 days of delivery at info@ismaelmorelos.com. We will assess the claim and, if validated, produce a replacement at no cost. Minor color variations from on-screen appearance are inherent to fine art printing and are not considered defects (see Section 3.8).

12.4 Exceptions

In exceptional circumstances, IMFA may, at its sole discretion, offer store credit or case-by-case accommodations. Such accommodations are not guaranteed and do not establish any precedent or right to similar accommodations in the future.

13.1 What Are Cookies?

Cookies are small text files placed on your device when you visit a website. They are widely used to make websites work more efficiently and to provide analytical information to website operators.

13.2 Cookies We Use

Essential cookies: necessary for the website to function properly, including shopping-cart functionality, form submission, and security features. These cannot be disabled.

Analytical cookies: we use analytics services (such as Google Analytics) to understand how visitors interact with our website. These cookies collect information about the pages visited, time spent on the site, and how visitors arrived. This data is aggregated and anonymized.

Marketing cookies: with your consent, we may use cookies from advertising platforms (such as Meta Pixel or Google Ads) to deliver relevant advertising and measure the effectiveness of our marketing campaigns.

13.3 Managing Cookies

You can control and manage cookies through your browser settings. Most browsers allow you to refuse cookies or delete existing ones. Please note that disabling essential cookies may affect website functionality.

13.4 Third-Party Cookies

Some cookies on our website are placed by third-party services that appear on our pages (e.g., embedded social media content, analytics providers, payment processors). We do not control these third-party cookies. Please consult the relevant third party's privacy policy for more information.

14.1 Notice of Infringement

IMFA respects the intellectual property rights of others and expects users to do the same.

14.2 IMFA Enforcement Activities

IMFA actively monitors and pursues unauthorized reproduction of our images across the Internet, including social media platforms, print-on-demand services, unauthorized resellers, and AI training datasets. If you have used our content without authorization, you may receive a takedown notice, a cease-and-desist letter, or a demand letter. We recommend consulting legal counsel before responding.

14.3 AI Training Takedown Requests

If IMFA identifies its copyrighted images in any AI training dataset, model output, or AI-generated derivative work, IMFA will issue takedown demands requiring immediate removal of all IMFA content from the dataset, removal of any model weights trained on IMFA content where technically feasible, and cessation of all distribution of affected model versions. IMFA reserves the right to seek damages for all unauthorized AI training use in addition to takedown.

15.1 Disclaimer of Warranties

The Website and all content, materials, and services provided through it are offered "as is" and "as available" without any warranty of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

IMFA does not warrant that (a) the Website will be uninterrupted, secure, or error-free; (b) the results obtained from use of the Website will be accurate or reliable; or (c) any defects in the Website will be corrected.

15.2 Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Ismael Morelos or its officers, directors, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of (or inability to access or use) the Website; (b) any conduct or content of any third party on the Website; (c) unauthorized access, use, or alteration of your transmissions or content; or (d) any purchase of artworks.

In no event shall IMFA's total cumulative liability to you for all claims arising out of or relating to the Website or these Terms exceed the amount paid by you, if any, for accessing the Website or the purchase price of the artwork giving rise to the claim, whichever is greater.

15.3 Indemnification

You agree to indemnify, defend, and hold harmless Ismael Morelos Fine Art and its respective officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorneys' fees) arising from (a) your use of the Website; (b) your violation of these Terms; (c) your violation of any third-party rights, including intellectual property rights; (d) any content you submit or transmit through the Website; or (e) any unauthorized use of our content for AI training, machine learning, or dataset creation.

15.4 Investment Disclaimer

While limited-edition artworks may appreciate in value over time, IMFA makes no guarantees, representations, or warranties regarding the future value, appreciation, or investment performance of any artwork acquired. Art acquisition should be motivated primarily by aesthetic appreciation and personal enjoyment. Any discussion of art as an investment on this website is for informational purposes only and does not constitute financial, investment, or tax advice.

15.5 Force Majeure

IMFA will not be liable for any failure or delay in performance of its obligations under these Terms if such failure or delay results from circumstances beyond its reasonable control, including natural disasters, pandemics, war, terrorism, government actions, supply-chain disruptions, carrier delays, or technical failures.

15.6 Dispute Resolution

Any dispute or claim arising out of or relating to these Terms or their breach will first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved through negotiation within 30 days, either party may proceed to mediation or binding arbitration in Colombia in accordance with the rules of the American Arbitration Association. The prevailing party in any dispute will be entitled to recover reasonable attorneys' fees and costs.

15.7 Entire Agreement

These Terms, together with any additional terms and policies referenced herein or incorporated by link, constitute the entire agreement between you and IMFA regarding your use of the Website and supersede all prior agreements, communications, and proposals, whether oral or written.