1. General Conditions and their Acceptance

These general conditions (hereinafter, the “General Conditions”) regulate the use of the Internet portal service www.skzg.nl (hereinafter, the “Portal”) made available by Fundación Arte sin Fronteras to Internet users. Using the Portal grants the status of user of the Portal (hereinafter, the “User”) and implies full and unconditional acceptance by the User of each and every one of the General Conditions in the version published by Fundación Arte sin Fronteras at the time the User accesses the Portal. Consequently, the User must carefully read the General Conditions each time they intend to use the Portal. The use of certain services offered through the Portal is subject to specific conditions that, as the case may be, replace, supplement and/or modify these General Conditions (hereinafter, the “Specific Conditions”). Therefore, prior to the use of such services, the User must also carefully read the corresponding Specific Conditions. Likewise, the use of the Service is also subject to all notices, regulations, and instructions made known to the User by Fundación Arte sin Fronteras, insofar as they do not contradict these General Conditions.

1.1. Conditions of Access and Use of the Portal

Free access and use of the Portal The provision of the Portal service by Fundación Arte sin Fronteras is free of charge for Users and does not require prior subscription or registration. However, the use of some Services may require user registration and/or payment, as expressly indicated in their respective Specific Conditions.

1.2. Obligation to Use the Portal and Services Properly

The User agrees to use the Portal and Services in accordance with the law, these General Conditions, and generally accepted moral standards and public order. The User agrees not to use the Portal or Services for unlawful purposes or effects, contrary to these General Conditions, harmful to the rights and interests of third parties, or that may in any way damage, disable, overload, or deteriorate the Portal or Services or hinder their normal use by other Users.

1.3. Means of Obtaining Content

The User must refrain from obtaining or attempting to obtain information, messages, graphics, drawings, sound and/or image files, photos, recordings, software, and generally any material accessible through the Portal or Services (hereinafter, the “Content”) using means or procedures other than those expressly provided for this purpose or indicated on the web pages where the Content is located or those habitually used on the Internet, provided they do not risk damaging or disabling the Portal, Services, and/or Content. Photographic material used on the Portal is protected by copyright, and both Fundación Arte sin Fronteras and the Colombian Ministry of Commerce, Industry and Tourism hold the rights to display and make it available on the Portal. In all cases, Users require prior authorization to use the images stored on the Portal.

1.4. Intellectual Property

Modification, reproduction, publication, or transfer of any Content to others or use for any purpose is prohibited. Except as permitted by law, disassembling, decompiling, reverse engineering or attempting to break content protection by any means is not allowed. All content, elements, and information on this Site—including all text, formats, images, music, trademarks, logos, trade names, sounds, graphics, videos, animations, and other materials—are the property of Fundación Arte sin Fronteras or its affiliates, licensors, or contractors. Some Content is protected by copyright and trademark laws. Unauthorized use of the Portal’s Services and Content may result in legal action by rights holders. Access or use of the Portal does not grant or imply any license or right to use any trademarks, names, logos, designs, or protected Content. It is not permitted to create websites, electronic documents, or applications that link or redirect to this Portal without proper authorization.

1.5. Proper Use of Content

The User agrees to use the Content diligently, correctly, and legally, and especially to refrain from: (a) using the Content in ways contrary to the law, morality, public order, or generally accepted standards; (b) reproducing, copying, distributing, publicly communicating, transforming, or modifying the Content without proper authorization; (c) removing or tampering with copyright or identifying data; (d) using the Content to send spam, advertising, or any kind of unsolicited message or to sell or disclose any obtained information.

1.6. Introduction of Hyperlinks to Portal Pages and Services

Users or others wishing to establish a hyperlink to the Portal (the “Hyperlink”) must meet the following conditions: (a) the Hyperlink may only lead to the home page; (b) no other pages may be linked; (c) no browser or frame may be created around the Portal; (d) no false or misleading claims about the Portal are allowed; (e) no third-party logos or trademarks may appear on the linking page; (f) no illegal, offensive, or infringing content is allowed on the linking site. The existence of a Hyperlink does not imply a relationship or acceptance of the linking website or its content by Fundación Arte sin Fronteras.

1.7. Liability for Damages

The User shall be liable for any damages of any kind caused to Fundación Arte sin Fronteras as a result of breaching the obligations of these General Conditions or applicable law regarding use of the Portal.

2. Purpose

Through the Portal, Fundación Arte sin Fronteras provides Users access to and use of various services and content made available by Fundación Arte sin Fronteras or by third-party users of the Portal and/or external service providers (hereinafter, the “Services”). Fundación Arte sin Fronteras reserves the right to unilaterally modify, at any time and without prior notice, the presentation and configuration of the Portal, as well as the Services and the conditions required to use the Portal and the Services.

3. Personal Data

To use certain Services, Users must first provide Fundación Arte sin Fronteras with certain personal data (hereinafter, “Personal Data”). Fundación Arte sin Fronteras will process the Personal Data automatically for the purposes and under the conditions defined in its Data Protection Policy published on this page.

4. Use of Cookies

Fundación Arte sin Fronteras uses cookies when a User browses through the pages of the Portal. Our cookies are only associated with an anonymous user and their computer and do not provide references that would allow identification by name or surname. Fundación Arte sin Fronteras’ cookies cannot read data from your hard drive nor read cookies created by other providers. Fundación Arte sin Fronteras encrypts the User’s identifying information for greater security. Thanks to cookies, Fundación Arte sin Fronteras can recognize registered Users without them having to log in for every visit to access areas and services reserved exclusively for them. Users can configure their browser to be notified when cookies are received and to prevent their installation on the hard drive. Please refer to your browser’s instructions and manuals for more information. It is not necessary to allow the installation of Fundación Arte sin Fronteras’ cookies to use the Portal; however, if not allowed, the User must register each time to access services that require prior registration. These cookies are used for some Services such as Favorites Lists. Therefore, when the User shares their Lists, anyone who accesses this document will also access the related privacy policies.

5. Use of the Portal, Services and Content under the sole responsibility of the User

Registering as a user means you accept that your use of this Portal, its Content and the information within it will serve only legitimate and legal purposes, in compliance with these TERMS AND CONDITIONS and all applicable laws, under your sole responsibility. Specifically, but not exclusively, you agree not to use this Portal for: (a) transmitting or publishing false, harmful, offensive, harassing, defamatory, obscene, pornographic, or unauthorized information; (b) harming minors or promoting harm to any person, group or animal; (c) using identities or personal data of individuals mentioned on the Portal; (d) transmitting viruses or harmful software that could disrupt systems or third-party services; (e) intentionally or unintentionally violating laws, including data protection laws; (f) collecting or managing personal data without authorization; (g) engaging in criminal conduct; (h) infringing intellectual property rights of Fundación Arte sin Fronteras or third parties.

6. Exclusion of Guarantees and Liability

6.1. No Guarantee or Responsibility for Operation of the Portal and Services

6.1.1. Availability, continuity, usefulness and fallibility

Fundación Arte sin Fronteras does not guarantee that the Portal and Services will always be available or error-free. When possible, interruptions will be announced in advance. No guarantees are made regarding suitability or infallibility. Fundación Arte sin Fronteras DISCLAIMS ANY LIABILITY FOR DAMAGES RESULTING FROM UNAVAILABILITY, INTERRUPTIONS OR FAILED EXPECTATIONS REGARDING THE PORTAL OR SERVICES.

6.1.2. Privacy and Security in Use

Fundación Arte sin Fronteras does not guarantee that Portal usage is secure, or that unauthorized parties cannot access or track user activity. Fundación Arte sin Fronteras DISCLAIMS ALL LIABILITY FOR PRIVACY BREACHES BY THIRD PARTIES.

6.1.3. Content

6.1.3.1. Quality

No guarantee is provided that Content is free of viruses or harmful elements. Fundación Arte sin Fronteras is not liable for damage to user systems or files.

6.1.4. Legality, Reliability and Usefulness

Fundación Arte sin Fronteras does not guarantee that the Content is legal, reliable or useful. It is not liable for damages caused by illegal distribution, rights violations, inaccuracy, unmet expectations, breach of contracts, or defects in Content.

6.1.5. Third-party Services Offered Through the Portal

6.1.5.1. Quality

Fundación Arte sin Fronteras does not guarantee that services by third parties are free of viruses or defects.

6.1.5.2. Legality, Reliability and Usefulness

No liability is assumed for illegal, unreliable, or non-functional services offered by third parties, nor for violations of user rights or expectations.

6.1.6. Services and Content Outside the Portal

The Portal includes links to third-party websites (“Linked Sites”) for ease of access. Fundación Arte sin Fronteras does not sell or control those services or products. NO WARRANTIES are given about the availability, legality or reliability of such Linked Sites.

6.1.7. Use by Users

Fundación Arte sin Fronteras is not obligated to monitor user behavior. It does not guarantee compliance with terms or the accuracy of user-provided information. ALL LIABILITY FOR USER-CAUSED DAMAGES, INCLUDING IDENTITY FRAUD, IS EXCLUDED.

7. No License

Fundación Arte sin Fronteras does not grant any license or authorization to use any of its intellectual or industrial property rights, nor any other property or rights related to the Portal, Services, or Content.

8. Denial and Withdrawal of Access to the Portal and/or Services

Fundación Arte sin Fronteras reserves the right to deny or withdraw access to the Portal and/or Services, at any time and without prior notice, to Users who breach these General Conditions or the applicable Specific Conditions.

9. Procedure in Case of Intellectual Property Infringement

If a User or third party believes that certain Content violates their intellectual property rights, they must send a notification to Fundación Arte sin Fronteras including: (a) personal data: name, address, phone number, and email address of the complainant; (b) authentic or equivalent signature, including details of the rights holder or their authorized representative; (c) precise and complete identification of the Content and its location on the Portal; (d) a clear statement that the use of the Content has occurred without consent of the rights holder; (e) a declaration, under the complainant’s responsibility, that the information is accurate and that the use constitutes an infringement.

10. Duration and Termination

The provision of the Portal service and other Services is, in principle, of indefinite duration. However, Fundación Arte sin Fronteras is authorized to suspend or terminate the service at any time, either partially or entirely, without prejudice to any agreements made in the applicable Specific Conditions. Where reasonably possible, advance notice will be given.

11. Applicable Law and Jurisdiction

These General Conditions are governed by the laws of the Republic of Colombia. Fundación Arte sin Fronteras and the User, expressly waiving any other jurisdiction, submit to the competent courts of the city of Bogotá D.C. If you need assistance outside our business hours or wish to send us questions, complaints or claims, please complete our contact form.