Terms + Conditions

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Your access to and use of this website, as well as all related websites operated by JLFA is subject to the following Terms and Conditions and all applicable laws.

You have elected to use Julia Lawing Fine Art's site. By using this site you acknowledge that you have read, understood, and agree to be bound by the following Terms and Conditions including terms of Shipping and Returns and Privacy Policy, and agree that you are responsible for compliance with any applicable local laws. These terms and policies may change at any time without notice to you. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this site are protected by applicable copyright and trademark law. JLFA has the right to refuse service to anyone for any reason.

You agree that the website itself, as well as all content, videos, training materials, products, services and/or other materials, made available on JLFA or by other third parties, as well as the look and feel of all of the aforementioned resources, are maintained for your personal use. All information provided by JLFA is the property of the Company and/or our third-party providers. You agree that such content includes all proprietary videos, code, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in on the site, excluding only the materials you provide. Subject to your compliance with these Terms, JLFA hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the site materials solely for your personal purposes.

No content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by Julia Lawing Fine Art. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission from us.

INTELLECTUAL PROPERTY

You agree that Julia Lawing Fine Art provides you access to proprietary information and material owned by the Company and/or its licensors and affiliates, subject to these Terms and Conditions.

Any use of JLFA content not expressly permitted in these terms is strictly prohibited and infringes upon the intellectual property rights of the Company and/or its licensors.

All trade names, trademarks, and images and biographical information of people used by JLFA, including without limitation the name and trademark Julia Lawing, are either the property of, or used with permission by Julia Lawing Fine Art. Any unauthorized use of content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or on the website may be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without our express written consent or third-party owner. We respect the copyright, trademark and all other intellectual property rights of others. We reserve the right, but have no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced in the JLFA website or resources in any way, you may notify us in writing to 223 Crowell Dr NW, Studio 160, Concord, NC 28025. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.

If you send comments or suggestions about JLFA website or content to us, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of JLFA. No submission shall be subject to any obligation of confidence on our part. We exclusively own all rights to (including intellectual property rights thereto), and are entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.

USE

Permission is granted to temporarily download any downloadable materials on JLFA website and social media groups for personal, non-commercial, transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • modify or copy the materials;

  • use the materials for any commercial purpose;

  • use the materials for any public display (commercial or non-commercial);

  • remove any copyright or other proprietary notations from the materials; or

  • transfer the materials to another person or 'mirror' the materials on any other server.

DISCLAIMER OF WARRANTIES

Neither JLFA nor any other party involved in creating, producing, or maintaining the content of JLFA website will be liable under any circumstances for any direct, indirect, incidental, consequential, or punitive damages arising out of your access to or use of the website and related resources.

JLFA content is provided on an “as is” and “as available” basis.

We make no warranty of any kind, whether express or implied, including but not limited to: warranties of title; availability; compatibility; implied warranties or conditions of merchantability and fitness for a particular purpose; and non-infringement of intellectual property or other violation of rights, to the fullest extent permitted by law. Specifically, but without limitation, we do not warrant that:

  • JLFA content is correct, accurate, reliable or complete;

  • the functions contained through JLFA website will be uninterrupted or error-free;

  • defects will be corrected; or

  • JLFA content, any sites linked to this site, or the server(s) that makes it available are free of viruses or other harmful components. Use of this website and the content available through JLFA is at your sole risk and discretion.

ACCURACY AND REVISIONS

The materials appearing on JLFA website may include technical, typographical, or photographic errors. While we make our best effort to publish clear, accurate, understandable content, we do not guarantee that the materials are correct, complete, or current. We may make changes to the materials contained on our website and supporting platforms at any time without notice. We do not, however, make any commitment to update the materials.

ACCESS

We will use commercially reasonable efforts to restrict unauthorized access to our data and files. However, no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the website. Use of the Site is completely at your own risk.

TECHNICAL REQUIREMENTS

Please note that it is your responsibility to check that the computer and internet connection you plan to use to access JLFA can handle high-definition video. You acknowledge and accept that JLFA cannot be held responsible for any technical, performance, or service problems you encounter while using the JLFA website. This includes native content provided byJLFA and any performance or service problems caused by any third-party website or service providers. Any such problems will be governed solely by the agreement between you and that provider.

LINKS

We make our best effort to review all of the sites and materials linked on the JLFA website, social media pages, marketing materials, and any supporting web pages. We do not assume responsibility for the contents of any such linked site. The inclusion of any link or external materials does not imply endorsement by JLFA. Use of any such linked website is at the user's own risk.

GOVERNING LAW

Any claim relating to the JLFA website or supporting web platforms are governed by the laws of the owner, Julia Lawing’s home jurisdiction without regard to its conflict of law provisions.

You agree to indemnify and hold JLFA and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that JLFA may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. JLFA reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such an event, you shall provide JLFA with such cooperation as is reasonably requested by JLFA.

The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

These Terms shall be governed by, construed, and enforced in accordance with the laws of the State of North Carolina without regard to North Carolina’s conflict of law principles. You agree to submit to the jurisdiction of any state court located within Cabarrus County, North Carolina and irrevocably agree that all actions or proceedings related to these Terms will be litigated in such courts.

CHANGES

JLFA reserves the right at any time to impose new or additional terms or conditions. Such modifications and additional terms and conditions shall be effective immediately and incorporated into JLFA. Your continued participation in JLFA will be deemed your acceptance thereof. The changes may be listed in an area accessible to you on JLFA’s website or you may be notified by either email or postal mail.

ENTIRE AGREEMENT

The Terms and Conditions are absolute and unconditional and constitute the full, complete and entire understanding and agreement between you and JLFA with respect to the subject matter hereof. By using Julia Lawing Fine Art's site, you acknowledge and affirm that you are not doing so in reliance upon any promises, representations, statements, warranties, covenants or undertakings not contained within these Terms. Any ambiguities in the Terms shall not be construed against JLFA.

WAIVER

No failure to exercise and no delay in exercising any right, remedy, or power under these Terms will operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, or power under these Terms preclude any other or further exercise thereof, or the exercise of any other right, remedy, or power provided herein or by law or in equity.

SEVERABILITY

If for any reason any provision of the Terms and Conditions is determined to be invalid or unenforceable, that provision shall be deemed modified to whatever extent necessary to render it enforceable, and if any Court declines to so modify the provision, then the remaining provisions of the Terms nevertheless will be construed, performed, and enforced as if the invalidated or unenforceable provision had not been included in the text of the Terms.

Last Updated: August 4, 2021