Terms and Conditions
Thanks for your interest in Marcus Jackson Fine Art!
By using this website you agree to these terms and conditions. Your use of the marcusjacksonart.com website constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these terms and conditions, please do not use the marcusjacksonart.com website.
USE OF THIS WEB SITE
This Website is owned and operated by Marcus Jackson Fine Art. In these Terms and Conditions, Marcus Jackson Fine Art is referred to as the “Seller", "marcusjacksonart.com", “us,” or “we.”
Marcusjacksonart.com Web site is for the sole use of individuals and entities wishing to review, consider, purchase or otherwise engage in retail transactions involving marcusjacksonart.com goods and services and/or to otherwise transact business with Marcus Jackson Fine Art. No information concerning the transactional preferences of an individual customer (whether such customer is a person or an entity) can be entered, altered, modified or otherwise affected, by any third party on behalf of such individual customer.
The contents of marcusjacksonart.com, including its domain, subdomains and blogs are owned entirely by Marcus Jackson Fine Art, and are protected, without limitation, pursuant to U.S. and international copyright, The Berne Convention and trademark laws. You are granted a non-exclusive, non-transferable, revocable license to access and use the site strictly in accordance with this agreement; to use the site, solely for internal, personal, non-commercial purposes. Material on this site, including text, logos and images, may not be copied, reproduced, republished, downloaded, posted, broadcasted or transmitted in any way except for your own personal, non-commercial use or with Marcus Jackson Fine Art permission. In order to request permission, please contact us. In any case, you must retain intact all copyright and other proprietary notices. Modification of this material or the use thereof for any other than a personal purpose constitutes a violation of intellectual property right and trademark that belong to marcusjacksonart.com. No print out or electronic version of any part of the website or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
COPYRIGHT AND TRADEMARK
The entire content of this website, including but not limited to text, graphics, icons, artwork images, service marks, trade names, logos and other proprietary information belongs to marcusjacksonart.com and is copyrighted under the United States, The Berne Convention and other trademark and copyright laws. All of the above may not be copied, reproduced, republished, downloaded, posted, broadcasted or transmitted in any way except for your own personal, non-commercial use or with marcusjacksonart.com permission.
BUYING
In order to purchase paintings, prints, and other products offered in marcusjacksonart.com by Marcus Jackson Fine Art, Buyer will add items to their cart within the online store, and checkout through the same system. This guarantees a safer and secure transaction for the Buyer and Seller. By clicking the "Pay Now" button, Buyer will agree to the policy and these "Terms" indicated by marcusjacksonart.com. Visit the Ordering page for more information.
PAYMENTS
Debit/credit cards and bank account transactions are accepted through the Wix.com online store, hosted by Moolah (Authorize.net) which uses SSL technology to keep the information safe. Marcusjacksonart.com does not collect any debit, credit card, bank account or any other payment information. Every payment transaction is securely protected by Wix.com and Authorize.net, and its terms and conditions apply.
SHIPPING AND HANDLING
All paintings are carefully packed and include insurance to cover any loss or damage. Original Paintings are shipped usually 3-5 business days after payment is received and cleared to the shipping address listed during purchase. Marcus Jackson Fine Art is not responsible for shipping delays or omissions caused by the carrier or the Buyer’s country’s custom. Shipping rates are estimated per location. Some oversize paintings and/or international countries might require extra shipping charges. In such cases we will notify the Buyer by email for approval before shipping.
During Holidays, orders may take slightly longer to process due to busy season. For more details, read the product information and faqs.
TAXES AND IMPORT FEES
Buyer is responsible for all taxes and duties (only "Original Artwork" is duty free to Canada). Import duties, taxes and charges are not included in the item price or shipping charges. These charges are the buyer's responsibility. Buyer must check with his/her country's customs office to determine what these additional costs will be prior to buying. These charges are normally collected by the delivering shipping company or when Buyer picks the item up. If the customer refuses to pay these import fees, in most cases the shipment will be abandoned in the destination country and destroyed by customs or the carrier. In this case, we will be unable to issue a refund to the customer for the purchase or shipping. Law requires marcusjacksonart.com to declare the full value (purchase price) and purpose (Commercial) of products on any waybills or customs documentation. We cannot declare a lower value on your package than the purchase price that you paid, and cannot designate it as a "Gift" or "Sample". North Carolina residents pay sales tax.
RETURNS AND REFUND POLICY
For information about returns and refunds, visit Return Policy.
LINKS
In an attempt to provide increased value to our visitors, marcusjacksonart.com may link to sites operated by third parties. A link to an external site does not imply an endorsement of the views, information or products provided or held by such websites. Marcusjacksonart.com is unable to provide any warranty regarding the accuracy or completeness of the content of such sites, or the reliability, quality or effectiveness of any products provided through external websites. Derogatory, harmful, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable material that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law is not permitted in carmenguedez.com. Users may not upload to, distribute through, or otherwise publish through marcusjacksonart.com any content or material that corresponds to the above listed.
ELECTRONIC COMMUNICATIONS
You consent to receive communications from us by email. You agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing. For more information, visit Privacy Policy.
COUPONS AND PROMOTIONS
Coupons may be redeemed only at www.marcusjacksonart.com. Enter coupon (promo) code upon adding items to cart by clickin on the "Apply Coupon" button. Coupons cannot be combined with any other offer, specials or discount. Only one code may be used per transaction. Coupons may be redeemed only during the days and time and for the exact products it indicates. No negotiable or redeemable for cash.
GIFT CERTIFICATES
Gift certificates are valid only at marcusjacksonart.com and can be used towards the purchase of any item for sale. Balances from multiple gift certificates cannot be transferred to a single gift certificate. Only one code may be used per transaction. Gift Certificates are non-refundable and may not be redeemed for cash. Gift Cards cannot be used to purchase other gift cards. Gift Certificates are delivered by mail to the Buyer's shipping address indicated. The risk of loss and title for Gift Certificates pass to the purchaser upon our electronic transmission to the purchaser, recipient or delivery to the carrier, whichever is applicable. Marcus Jackson Fine Art is not resposible for lost, stolen, destroyed or redemmed codes by unauthorized parties or without your permission. Gift certificates are valid for one year after date of purchase. Promotional discounts or coupons cannot be used to purchase Gift Certificates. Gift certificates do not accrue maintenance fees and can be cancelled within 7 (seven) days of the purchase date.
GIVEAWAYS AND CONTESTS
All participants will follow the terms stated in each giveaway/contest page. No cash or other substitution may be made, except by marcusjacksonart.com in its sole discretion. Winners will be ramdomly selected and will be notified by email and/or direct message. Winner is responsible for any taxes and fees associated of a prize. Cheating is not allowed under any circunstances. By participating in marcusjacksonart.com giveaways, contests and sweepstakes, entrants agree to release and hold harmless the Giveaway Entities from and against any claim or cause of action arising out of participation in the Giveaway or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Giveaway; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late,postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Giveaway or the processing of entries; or (f)injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Giveaway or receipt of any prize. Entrant further agrees that in any cause of action the Giveaway Entities liability will be limited to the cost of entering and participating in the Giveaway and in no event shall the Giveaway Entities be liable for attorney fees. The entrant waives their right to claim any damages whatsoever.
IMAGES
All artwork by Marcus Jackson is photographed with a high resolution digital camera to ensure accuracy. Different monitors may display the colors of the image slightly differently. Images are for personal and non-commercial use only. In case you want to use an image in a publication, advertisement or commercial use, please contact us.
PRINTING PRODUCTS
Marcusjacksonart.com reserves the right to reproduce, publish, licensed, publicly display, prepare derivative works of, market, sell and distribute any kind of printing products of Marcus Jackson paintings; including without limitation, cards, canvas, paper, posters, mugs, totes and other merchandise, and cannot be reproduced by anybody without marcusjacksonart.com consent, via express written permission by Marcus Jackson.
COMMISSIONS
Buyer, who orders a commissioned Artwork, understands that because each Artwork is hand-made, each original is unique and never an exact duplicate of another. Information about how to order a custom artwork can be found in Commissions.
ERRORS
In the event an error in price or description is mistakenly listed on the website, Seller reserves the right to refuse and/or cancel any transaction. A refund will be processed if payment was received.
FRAUD
Buyer may not purchase under a false name, false id, or use an invalid or unauthorized credit card. Such fraudulent conduct is a violation of federal and state laws.
DISCLAIMER OF WARRANTIES
Marcus Jackson Fine Art makes no representations or warranties of any kind, expressed or implied, with respect to the website, any transactions or messages conducted on or through the website and any property offered on the website which are for use "AS IS" and "AS AVAILABLE." All warranties express or implied, including without limitation: a) implied warranties of merchantability and fitness for some particular purpose with respect to the contents of marcusjacksonart.com and any website to which it is linked or partnered; b) that its contents will meet your requirements, will always be available, accessible, uninterrupted, timely, secure or operate without error and; c) any implied warranty whether or not arising from the negligence of marcusjacksonart.com to the full extent permissible under applicable law; all of these warranties are hereby disclaimed. You expressly understand and agree that use of the site and the services and products is at your sole risk.
LIMITATION OF LIABILITY
Under any circumstances marcusjacksonart.com and its partners will not be liable for any damages of any kind including without limitation direct, indirect, incidental, punitive and consequential damages from the use of, or the inability to use, the materials on this site or the performance of the products, even if marcusjacksonart.com has been advised of the possibility of such damages.
CONTACT
Any comment or question relating to any transaction conducted through this website should be directed through the Contact page.
QUERIES
Any queries relating to these Terms and Conditions must be given in writing and must be sent by registered letter, receipted commercial courier, or electronically receipted facsimile transmission (acknowledged in like manner by the intended recipient) at the Seller address (provided upon request).
PRIVACY
Marcusjacksonart.com does not rent, trade or share Buyer’s information with any third party. However, marcusjacksonart.com reserves the right to report any activity and disclose any information that is suspects, violates any law or regulation, to appropriate law enforcement officials, regulators, or other third parties in order to cooperate with governmental requests and to protect marcusjacksonart.com businesses, partners and customers. For more information, visit Privacy Policy.
INDEMNITY
By using this web site, services and products, you agree to indemnify, defend, and hold harmless Marcus Jackson Fine Art, its officers, directors, employees, agents, partners, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Terms and Conditions agreement or any transaction conducted on or through carmenguedez.com (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account. Indemnification Costs shall include any costs incurred in the enforcement of the foregoing.
AGREEMENT
Terms and Conditions constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.
TERMS AND CONDITIONS CHANGES
Marcusjacksonart.com reserves the right to revise and amend these Terms and Conditions at any time without prior notice, and any revised version will be deemed to be applicable from the first date of publication on this website. For this reason, we encourage you to print and review these terms and conditions each time you use this Web site.
If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Marcus Jackson Fine Art's relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
The use of this website is subject to the following terms of use:
1. The content of the pages of this website is for your general information and use only. It is subject to change without notice.
2. This website uses cookies to monitor browsing preferences. If you do allow cookies to be used, the following personal information may be stored by us for use by third parties.
3. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
4. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
5. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
6. All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.