Lienzo Group shall provide your Subscription in accordance with these Terms.
IMPORTANT NOTE FOR US USERS AND SUBSCRIBERS: subject to certain exceptions, all disputes between Lienzo and United States users of this Site, including subscribers, will be subject to individual mandatory and binding arbitration as described in detail below, which means that disputes will not be heard in court.
“Lienzo!”, “Estilo”, and “ArrieroTV” are trading names of Lienzo Group LLC and/or its subsidiary companies (together, “Lienzo Group”), which include the following for the purpose of these Terms:
Lienzo Group LLC (“Lienzo Group”)
Registered in California.
Baldwin Park, CA 91706, United States of America.
These Terms were last updated on 1 August 2023.
The contents and design of the Site, any Digital Application and any material e-mailed to you or otherwise supplied to you in conjunction with the Site and/or a Digital Application (such contents, design and materials being collectively referred to as the “Lienzo Content”), is copyright of Lienzo Group and its licensors. You may not use or reproduce or allow anyone to use or reproduce any trademarks (including, without limitation, “Lienzo”, “Lienzo Impact” and “Espresso” names and logos or other trade names and logos appearing on the Site or any Digital Application) for any reason without written permission from Lienzo Group. The software that operates the Site and all Digital Applications is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software.
Use of Lienzo Content
All Lienzo Content is strictly for personal, non-commercial use only.
You may retrieve and display Lienzo Content from the Site on a computer screen or mobile device, print individual pages on paper (but not photocopy them) and store such pages in electronic form on your computer or mobile device for your personal, non-commercial use. You may use Digital Applications only on devices for which they were intended, for your personal, non-commercial use and on no more than five separate devices. Except as expressly permitted above, you may not reproduce, modify or in any way commercially exploit any Lienzo Content. In particular, but without limiting the general application of the restrictions in the previous sentence, you may not do any of the following without prior written permission from Lienzo Group:
Any use of Lienzo Content not specifically permitted above is expressly prohibited. Requests for permission for other uses may be sent to the Rights and Syndication department, by email at firstname.lastname@example.org and may be subject to a fee.
Registration, Passwords and Responsibilities
You are responsible for keeping your information and passwords up to date and confidential.
Certain areas or features of Lienzo.com Site and/or Digital Applications in respect of Lienzo newspaper (the “Lienzo Site and Digital Application”) may only be open to registered users or subscribers. By registering for an account on Lienzo Site and Digital Application and not also becoming a subscriber, you will become a customer of Lienzo Group as a “Registered User”.
Certain areas or features of Lienzo Digital Application may only be open to subscribers and certain features of Lienzo Digital Application may only be open to subscribers that create an account on Lienzo.com.
By providing your email address on certain Sites or Digital Applications in order to receive certain products or services but not also becoming a subscriber or a Registered User, you will become a “Recipient”.
You are solely responsible for the confidentiality and use of and access to Lienzo Content and the Site and/or Digital Applications using your username and/or password. You agree to immediately notify Lienzo Group if you become aware of the loss, theft or unauthorized use of any password, user ID or e-mail address or of any Lienzo Content. You will provide Lienzo Group with accurate, complete registration information and inform Lienzo Group of any changes to such information. For the purpose of confirming your compliance with these Terms, Lienzo Group reserves the right to monitor and record activity on the Site and Digital Applications, including access to Lienzo Content.
Each registration and subscription is for the personal use of the Registered User or subscriber only. You may not share your log-in details or password with any other person. You may not share or transfer your subscription. Lienzo Group does not allow multiple users (networked or otherwise) to access the Site and/or any Digital Application through a single name and password and may cancel or suspend your access to the Site and/or a Digital Application if you do this, or breach any of these Terms without further obligation to you.
Lienzo Group offers different types of subscriptions (“Subscriptions”) for certain products including access to digital issues and other content of Lienzo! (“Digital Subscription”).
Lienzo Group reserves the right to vary the amount of content and types of service that it makes available to different categories of users at any time, including without limitation in respect of Digital Subscriptions, and to Registered Users and Recipients. While Lienzo Group ordinarily publishes issues of Lienzo! on a monthly basis, it does not warrant or guarantee that issues of Lienzo! will be issued each calendar month and Lienzo Group reserves to right to amend this publication schedule (including those certain monthly issues of Lienzo! may be consolidated into double issues).
Contract and Disputes
As detailed above, Lienzo Group shall provide your Subscription in accordance with these Terms (and the terms of any offer or promotion that may apply to your Subscription).
Fees and Payments
You are responsible for any fees that are payable including any processing or other fees charged by the issuing bank/payment provider.
Access to some Lienzo Content may be subject to a fee. All payments (including any applicable taxes) must be made in advance in the applicable currency specified by Lienzo Group. You are responsible for the payment of all charges associated with the use, by you or someone else, of the Site and/or a Digital Application using your ID.
When you purchase access to any other Lienzo Content, you must provide us with complete and accurate payment information. By submitting payment details, you confirm that you are entitled to use those payment details for this purpose. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to your Subscription or Lienzo Content and in suspicious circumstances we may contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties.
If your use of the Site is terminated by Lienzo Group, you will be entitled to receive a refund of any credits or pre-payments which remain unused at the time of termination unless such use is terminated because you are in breach of these Terms (which will be determined solely by Lienzo Group). You will continue to be responsible for any fees or other charges you have incurred prior to such termination.
You may be able to use the Site to purchase products or services from Lienzo Group’s third party partners. In that event, your contract for such products will be with the third party partner and not with Lienzo Group. If you are entitled to a refund under these Terms, we will initially attempt to make refunds via the payment method that was used for the original purchase. If it has expired or there are other issues, we will contact you to arrange for an alternative payment method.
You are responsible for all content you post.
The Site and any Digital Applications may include comments capability, bulletin boards, discussion groups and other public areas or features that allow feedback to Lienzo Group and interaction between users and Lienzo Group’s representatives (“Forums”). While Lienzo Group does not control the information/materials posted to Forums by users (the “Messages”), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access to and use of the Forums.
You are solely responsible for the content of your Messages. You must comply with any rules posted by Lienzo Group on a Forum. You may not:
By submitting Messages to any Forum you agree to indemnify and hold harmless Lienzo Group from all claims, costs and expenses (including legal expenses) arising out of any Messages posted or published by you that are in breach of this section.
Lienzo Group has no control over individuals posting Messages on any Forum. Lienzo Group cannot guarantee the accuracy, integrity or quality of any Messages. Some users may breach these terms and post Messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the Forum and should not rely on Messages when you make (or refrain from making) any specific investment or other decision.
By submitting a Message to a Forum you are granting Lienzo Group a perpetual, irrevocable, royalty free non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-license the Message in whole or in part, and in any form. This may include personal information such as your user or pen name and your expressions of opinion. Lienzo Group reserves the right to contact you by e-mail about your use of the Forums. You waive any moral rights that you may have in regard to the Messages you submit.
It is not possible for Lienzo Group to fully and effectively monitor Messages infringement of third-party rights. If you believe that any content infringes your legal rights, you should notify Lienzo Group immediately by contacting customer service by using the “Report Abuse” function on reader comments. Repeated misuse of the “Report Abuse” function will result in your access to the Forums being terminated.
Lienzo Group respects your privacy.
Changes to the Site and Digital Applications
Lienzo Group reserves the right, in its discretion and at any time, to suspend, change, modify, add or remove portions of Lienzo Content available on the Site and/or on a Digital Application at any time and to restrict the use and accessibility of the Site and its Digital Applications.
Liability and Indemnity
All Lienzo Content and services are provided ‘as is’. You indemnify us for breaches of these Terms.
Although we endeavor to ensure the high quality and accuracy of the Site and Digital Applications, Lienzo Group makes no warranty, express or implied concerning Lienzo Content, any Digital Application, the Site or any software that are made available through the Site (the ” Services”), which are provided “as is”. Lienzo Group expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will Lienzo Group, its affiliates, agents, suppliers or licensors be liable for indirect, special, incidental, and/or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) that may arise directly or indirectly from the use of (or failure to use) or reliance on the Services, even if Lienzo Group has been advised of the possibility that such damages may arise. Lienzo Group does not guarantee the accuracy, content, or timeliness of the Services or that they are free from viruses or other contaminating or destructive properties.
In no event will any liability of Lienzo Group or its affiliates, agents, suppliers and licensors to you (and/or any third party) that may arise out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Services or in breach of these Terms by Lienzo Group exceed the amount, if any, paid by you to Lienzo Group for the particular Service to which the claim relates.
Upon Lienzo Group’s request, you agree to defend, indemnify and hold harmless Lienzo Group, its affiliates, agents, suppliers and licensors from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by you or your use of any Services.
Additional Terms apply to your use of Lienzo Content.
Changes to these Terms. Lienzo Group may, in its discretion, change these Terms (including those that relate to your use of the Site, Digital Applications and/or Lienzo Content). Whenever the Terms are changed, Lienzo Group will notify you by e-mail, directly through the Site and/or Digital Application, or by publishing the revised terms on the website. If you use the Site and/or a Digital Application after Lienzo Group has published or notified you of the changes, you agree to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site or a Digital Application any further after they are published. Access to certain Lienzo Content may be subject to additional terms and conditions. Lienzo Group may also modify, limit or terminate any Subscription offer at any time without prior notice.
Advertising, Third Party Content and other Web Sites. Parts of the Site and/or Digital Applications may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that such material complies with international and national law. Lienzo Group is not responsible for any third party content or error, or for any omission or inaccuracy in any advertising material. The Site and/or Digital Applications may also contain links to other web sites. Lienzo Group is not responsible for the availability of these websites or their content.
Assignment of Agreement. This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by Lienzo Group.
Non-Waiver. No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.
Notices. Notices to Lienzo Group must be given in writing, by letter, and sent to Lienzo Group, 15038 Cleary Dr, Baldwin Park, CA 91706 (for the attention of the Group General Counsel).
Severability/Survival/Statute of Limitations. If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid. Rather, the Terms will then be read and construed as if the invalid or unenforceable provision(s) are not contained therein. If you are outside of the United States, any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in London, England, within one year after the cause of action has arisen, or such cause will be barred, invalid and void. If you are in the United States, any cause of action of yours with respect to these Terms must be filed in arbitration within one year after the cause of action has arisen, or such cause will be barred, invalid and void.
Whole Agreement. Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms shall not apply.
Headings. Headings in these Terms are for convenience only and have no legal meaning or effect, nor shall they be taken into account in interpreting these Terms.
Term and Termination
Lienzo Group may terminate or suspend your access to Lienzo Content at any time.
Lienzo Group may, in its discretion, terminate or suspend your access to and/or use of all or part of the Site and/or a Digital Application (including any Lienzo Content) with or without cause by delivering notice to you.
These rights of termination are in addition to all other rights and remedies available to Lienzo Group under these Terms or by law.
Governing Law; Mandatory Arbitration (and Exceptions); Class Action Waiver; Jurisdiction
The provisions in this Section regarding Governing Law, Mandatory Arbitration, Class Action Waiver, and Jurisdiction apply only to users or subscribers in the United States:
Governing Law. These Terms (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state of California, United States of America, without regard to choice or conflicts of law principles.
Mandatory Arbitration. You and Lienzo Group agree that any dispute, claim, or controversy between you and Lienzo Group arising in connection with or relating in any way to these Terms or to your relationship with Lienzo Group as a user or subscriber (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) will be determined by mandatory binding individual (not class) arbitration. You and Lienzo Group further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the arbitration provision or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. YOU SPECIFICALLY AGREE THAT YOU ARE BOUND TO RESOLVE ALL DISPUTES IN ARBITRATION, AND YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT. Arbitration shall be subject to the Federal Arbitration Act and shall be conducted by the American Arbitration Association (AAA) pursuant to the AAA’s Consumer Arbitration Rules (“AAA Rules”), then in force. The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879.
Exceptions to Mandatory Arbitration. Notwithstanding the foregoing, to the extent the dispute arises from a violation of your or Lienzo Group’s intellectual property rights in any manner, both parties agree that the non-infringing party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court consistent with the Governing Law and Jurisdiction subsections, and both parties consent to exclusive jurisdiction and venue in such courts. Additionally, you or Lienzo Group may take the dispute to small claims court if the dispute qualifies for small claims court.
No Class or Representative Proceedings; Class Action Waiver. YOU AND LIENZO GROUP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Lienzo Group agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
Jurisdiction. If, in any dispute, the arbitration provision is determined to be invalid or unenforceable, notwithstanding the Severability provision above, or null and void by any arbitrator or court of competent jurisdiction, or if the dispute seeks injunctive remedies arising from a violation of your or Lienzo Group’s intellectual property rights, the dispute shall be resolved by a state or federal court in California. The parties agree to submit to the personal jurisdiction of such court for the purposes of litigating any such dispute. This subsection does not apply to disputes made in small claims court.