Effective date: October 6, 2026
Applies to: https://ferminfleites.com
These Terms of Use (“Terms”) govern your use of https://ferminfleites.com (the “Site”), operated by Fleites Atelier, the studio of visual artist Fermin Fleites (“we”, “us”, “our”). By accessing or using the Site you agree to be bound by these Terms. If you do not agree, please do not use the Site.
1. Intellectual property
The Site and all of its content (including artwork images, photographs, sculptures and drawings depicted, artist statements, texts, catalogs, logos, video and the Site’s design) are protected by United States and international copyright, trademark and other intellectual property laws. All artworks and original works depicted remain the sole property of Fermin Fleites (or are used with the permission of their respective rights holders). No ownership rights are transferred to you by using the Site.
2. Permitted use
You may:
- View, browse and print content from the Site for your personal, non-commercial use;
- Link to the Site, including deep links to specific pages or works;
- Quote short passages or images for editorial, critical, educational or news reporting purposes, with clear attribution to “Fermin Fleites / ferminfleites.com”, consistent with the fair use limitation of Section 107 of the Copyright Act;
- Request permission for any other use (press, catalogs, exhibitions, academic publications, commercial licensing) through the contact form on the Site. We respond to reasonable permission requests.
3. Prohibited use
You may not, without our prior written permission:
- Reproduce, distribute, display, broadcast or exploit any content for commercial purposes;
- Modify, crop, retouch, recolor or create derivative works from images of our artworks;
- Remove, obscure or alter copyright notices, watermarks, signatures or attribution;
- Scrape, harvest, data-mine, mirror or frame the Site, or use automated means to extract content;
- Use our images or texts to train machine-learning or generative AI models, or to produce derivative works;
- Misrepresent authorship or ownership of any work;
- Use the Site for any unlawful, infringing or fraudulent purpose.
4. Accuracy of content
Information on the Site (including dimensions, media, descriptions, availability, exhibition history and pricing) is provided in good faith for general information. It may change without notice and may contain typographical errors. Images may differ in color, scale or texture from the physical artwork. Nothing on the Site constitutes an offer capable of acceptance.
5. Inquiries, sales, leases and commissions
The Site operates by inquiry: there is no online checkout. Any sale, lease, commission or licensing of artwork is concluded only through a separate written agreement between you and Fleites Atelier (Fermin Fleites; proposal, contract or invoice), which will govern price, payment schedule, shipping, crating, insurance, installation, taxes, title transfer and risk of loss. Terms vary by transaction and are not governed by these Terms beyond the general provisions stated here.
6. Third-party links and services
The Site contains links to third-party websites and services (social media platforms, partner institutions, video platforms and other external resources). We do not control and are not responsible for the content, availability or privacy practices of any third party, and a link does not imply endorsement.
7. User submissions
Comments and user submissions are currently disabled on the Site. If enabled in the future, you remain solely responsible for anything you submit, you warrant that you have the rights to it, and you grant us a non-exclusive, royalty-free license to display it in connection with the Site. We may remove any submission at our discretion.
8. Copyright complaints
If you believe that any content on the Site infringes your copyright, please send a notice through the contact form containing: (a) your physical or electronic signature; (b) identification of the copyrighted work you claim has been infringed; (c) the exact location (URL) of the material you claim is infringing; (d) your contact information; and (e) a statement, under penalty of perjury, that your notice is accurate and that you are the copyright owner or authorized to act on their behalf. We will review and respond promptly.
9. Disclaimer of warranties
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLEITES ATELIER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL OR ARTWORK VALUE, ARISING FROM OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SITE. OUR TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE GREATER OF (A) ANY AMOUNTS YOU HAVE PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).
11. Indemnification
You agree to indemnify, defend and hold harmless Fleites Atelier from and against any claims, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) arising from your misuse of the Site, your violation of these Terms, or your violation of any rights of a third party.
12. Age limitations
The Site is intended for a general adult audience. You must be at least 18 years old to enter into any agreement with us through the Site (inquiries, purchases, commissions). The Site is not directed to children under 13 and we do not knowingly collect personal information from them.
13. Termination
We may suspend or terminate your access to the Site at any time, without notice, if we reasonably believe you have violated these Terms. Provisions concerning intellectual property, disclaimers, limitation of liability, indemnification and governing law survive any termination.
14. Changes to these Terms
We may revise these Terms from time to time. The “Effective date” above identifies the current version. Your continued use of the Site after any change constitutes acceptance of the revised Terms.
15. Choice of law and venue
These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. You consent to the exclusive jurisdiction and venue of the state and federal courts located in Miami-Dade County, Florida for any dispute arising out of or relating to these Terms or the Site.
16. Contact
Questions about these Terms:
- Email: studio@fleitesatelier.com
- Use the contact form on https://ferminfleites.com
- By post: Fleites Atelier, Miami, Florida, United States