Welcome to JacksonFineArt.com (the “Website”), which is owned and published by Walker/Heyman, LLC d/b/a Jackson Fine Art (“Jackson Fine Art” or "we" or "us"). Please carefully read these Terms of Use, which govern your use of the Website. By using the Website, you agree to these Terms of Use.
Website Access
The Website is intended solely for your personal, non-commercial use. We reserve the right to bar your further use of the Website at any time, with or without cause, and without prior notice. Your breach of these Terms of Use will result in an automatic termination of the rights granted to you under these Terms of Use. We also reserve the right to pursue any and all remedies available to us for any breach of these Terms of Use. You agree we will not be liable to you or anyone else for any termination of your access, or any modification or discontinuance of the Website.
Age Requirement
You may not use the Website if you are under the age of 13. If you are 13 years of age or older, but under the age of 18, you may only access the Website under the supervision of a parent or legal guardian and subject to his or her consent to the terms of this Privacy Policy and these Terms of Use.
Website Security
You agree not to make any attempt to violate the security of the Website or the Website’s host server(s). You are prohibited from accessing or attempting to access data on the Website or the Website’s host server(s). You agree not to make any attempt to probe, scan, or test the vulnerabilities or capabilities of the Website or the Website’s host server(s).
Copyright
You acknowledge the materials on the Website (including text and images of artwork) are protected by copyright and other proprietary rights, and you agree not to copy, reproduce, publish, transmit, download, distribute, or otherwise use or appropriate these materials in any way without our prior written consent. You also agree not to embed or frame any of the content on the Website without our prior written consent. Any unauthorized uses of the materials on the Website will result in an immediate breach of these Terms of Use, as well as other applicable laws. If you believe material on the Website infringes the copyrights of another person, please contact us.
Trademarks
You agree not to use the Jackson Fine Art trademarks and other source-identifying indicia without our prior written consent.
SHOP Terms of Sale
Sales of photographs through our website are also subject to our SHOP Terms of Sale.
Privacy
We have adopted a Privacy Policy to explain how we collect and use your personal information. These Terms of Use incorporate by reference our Privacy Policy.
Communications
You agree we can communicate with you by mail, email, telephone, or by posting notices on the Website.
Disclaimers
While we do our best to prevent viruses, worms, and other harmful materials from being distributed through the Website, we do not warrant that materials on the Website will be free of such materials. We will not be held liable for any damage caused by the use of the Website. Users assume all risk when viewing or otherwise accessing the Website. We will make reasonable efforts to keep the Website service available on an ongoing basis. You may experience poor performance or temporary unavailability from time to time based on the need for us to provide maintenance or for other reasons (whether or not beyond our control). We shall not be liable for any poor performance or unavailability of the Website.
THE MATERIAL ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED BY MEANS OF THE WEBSITE) ARE PROVIDED “AS IS” TO THE EXTENT PERMITTED BY LAW, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT AND WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE WEBSITE AND ANY INFORMATION ON THE WEBSITE. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR AFFILIATES, EMPLOYEES, MEMBERS, OWNERS, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES EVEN IF WE OR ANY OF OUR AFFILIATES, EMPLOYEES, MEMBERS, OWNERS, AGENTS, OR OTHER REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE US AND OUR AFFILIATES, EMPLOYEES, OWNERS, AGENTS, AND OTHER REPRESENTATIVES FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS COVERED BY THIS LIMITATION TO THE FULLEST EXTENT PERMITTED BY LAW.
Indemnification
You agree to indemnify and hold harmless us and our affiliates, employees, members, owners, agents, or other representatives from any and all claims, damages, costs, and expenses (including but not limited to attorneys' fees) arising from or in relation to your use of the Website and/or your breach of any representation, warranty, or other provision of these Terms of Use. For the avoidance of doubt, this will include disputes that are settled out of court or resolved through mediation or arbitration, at our election.
Dispute Resolution
These Terms of Use shall be governed by the laws of the United States and the State of Georgia, without regard to its conflict of law principles. Venue and jurisdiction for any claims arising under this agreement shall lie exclusively with the federal district court in Atlanta, Georgia, or if the district court does not possess subject matter jurisdiction, then to the jurisdiction of the state courts in Atlanta, Georgia.
Revisions to Terms of Use
We retain the right to alter or terminate these Terms of Use at any time without notice. The current Terms of Use at any given time supersede any and all previous Terms of Use. At our option, we may notify users of changes to these terms through the Terms of Use hyperlink on the Website and/or by email. Any modification is effective as of the posting of the change.
Entire Agreement
These Terms of Use constitute the entire agreement between you and us with respect to the Website, excepting only our Privacy Policy. Failure by us to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or right. If any term or provision of these Terms of Use is found to be unenforceable, the remaining terms and provisions shall survive in full force and effect.
Contact Us
If you have any questions about these Terms of Use, please contact us using the information provided below.
Mailing Address:
Jackson Fine Art
3115 East Shadowlawn Avenue
Atlanta, GA 30305
Telephone: 404.233.3739
Email: info@jacksonfineart.com
These Terms of Use were last updated on May 17, 2022.
