Terms of Service
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may refrain from accessing the Website or use of any services. If these terms and conditions are considered an offer by Nicola Jeanette, acceptance is expressly limited to these terms. The Website is available to anyone with internet access. All content is appropriate for all ages.
1. View and Use of Artwork, Artwork Copyright. All images and Artwork content seen on this website are subject to copyright and are owned exclusively by Art by Nicola Jeanette, LLC. If you post or submit any information to or through the Website, you are fully responsible for maintaining the security and integrity of that content and information. Art by Nicola Jeanette, LLC will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
- General Terms. Optional paid services and products, such as commissioned artwork(“Commissioned Art”), or previously created artwork and products (“Art”), may be available on the Website (any such services or products, “Artwork”).
- Permitted Use. You may use the NicolaJeanette.com website to view Artwork, purchase products or services available on this website. You may also use the social share links to share the images from this site on many of your Social Network pages as long as the link to the origin of the content is never intentionally removed, and the work is always attributed to creation and copyright ownership by Art by Nicola Jeanette, LLC.
- Restricted Use. You may not use the images and Artwork content found on this site to substantially replicate products or services offered by Art by Nicola Jeanette, LLC, including the republication of NicolaJeanette.com content or the creation of Artwork that substantially resembles the Artwork of Art by Nicola Jeanette, LLC. If Art by Nicola Jeanette, LLC believes, in its sole discretion, that you have violated or attempted to violate these conditions or the spirit of these terms, you may be liable for copyright infringement.
2. Request for Commissioned Artwork, Contact Form, Blog Comments, and any additional forms found on and through The Website (collectively “Forms”). If you submit any materials, links, information or otherwise make (or allow any third party to make) material available by means of the Forms through The Website, (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- The Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
- Your Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
By submitting Content to Art by Nicola Jeanette, LLC for inclusion on this Website, unless otherwise contractually noted or agreed upon, you grant Art by Nicola Jeanette, LLC a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Content or the Content of this Website. If you delete Content, Art by Nicola Jeanette, LLC will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Art by Nicola Jeanette, LLC has the right (though not the obligation) to, in Art by Nicola Jeanette, LLC’s sole discretion (i) refuse or remove any content that, in Art by Nicola Jeanette, LLC’s reasonable opinion, violates any Art by Nicola Jeanette, LLC policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Art by Nicola Jeanette, LLC’s sole discretion. Art by Nicola Jeanette, LLC will have no obligation to provide a refund of any amounts previously paid for previous purchase of products.
3. Payment and Purchase of Artwork.
- General Terms.
Optional paid services and products, such as commissioned artwork, live event art appearance services (“Commissioned Art”), or previously created artwork and products (“Art”), may be available on the Website (any such services or products, “Artwork”). By selecting Artwork for purchase you agree to pay Art by Nicola Jeanette, LLC the agreed upon amount indicated for that Artwork. Payments will be charged on a pre-pay basis for Art on or close to the day of purchase or order. Payments will be charged after approval or acceptance for Commissioned Art on the timeframe as indicated.
Art is refundable only if returned within 30 days, and shipping costs will not be refunded. Commissioned Art is not refundable once agreement is made and work has began. By submitting Forms for Artwork you authorize us to collect the then-applicable amount for such Artwork (as well as any taxes if taxes are not included) using any credit card or other payment mechanism we have on record for you.
4. Responsibility of Website Visitors. Art by Nicola Jeanette, LLC has not reviewed all of the material, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Art by Nicola Jeanette, LLC does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain Content that is offensive, indecent, or otherwise objectionable, as well as content containing inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Art by Nicola Jeanette, LLC disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
5. Content Embedded from Other Websites. Some content from other websites may be embedded to the Website. This content utilizes the systems of the other websites embedded to offer additional services. Examples of such embedded websites include Squareup.com, FineArtAmerica.com and may in the future include Amazon.com or other similar online storefront websites. These websites can provide a platform for users to make purchases. They will collect information for their payment processing that is not information that is provided to or under the management of Art by Nicola Jeanette, LLC or the Website at all. Users must trust these websites with their information, understanding that this is a separately owned and operated company. For example, ordering from FineArtAmerica.com will require payment information, and users will have an opportunity to set up an account with FineArtAmerica.com. FineArtAmerica.com will handle the user credentials, will be solely responsible for their services, and will be responsible for the privacy and protection of the user data. FineArtAmerica.com offers artwork prints from thousands of artists, and they are not connected to Art by Nicola Jeanette, LLC except as a platform for selling prints through their services. Additional embedded websites may be added in the future, without notice or additional edits to this Agreement needed.
6. Content Posted on Other Websites Hosted by WordPress. This Website and blog is hosted by WordPress.com. We have not reviewed, and cannot review, all of the material, made available through the websites and webpages to which WordPress.com links, and that link to WordPress.com. Art by Nicola Jeanette, LLC does not have any control over non-NicolaJeanette.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-NicolaJeanette.com website or webpage, Art by Nicola Jeanette, LLC does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Art by Nicola Jeanette, LLC disclaims any responsibility for any harm resulting from your use of non-NicolaJeanette.com websites and webpages, including but not limited to social networking sites and pages.
7. Copyright Infringement and Policy. As Art by Nicola Jeanette, LLC asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by NicolaJeanette.com violates your copyright, you are encouraged to notify Art by Nicola Jeanette, LLC in accordance with Art by Nicola Jeanette, LLC Policy. Art by Nicola Jeanette, LLC will respond to all such notices, including, as required or appropriate, by removing the infringing material or disabling all links to the infringing material. Art by Nicola Jeanette, LLC will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Art by Nicola Jeanette, LLC or others. In the case of such termination, Art by Nicola Jeanette, LLC will have no obligation to provide a refund of any amounts previously paid to Art by Nicola Jeanette, LLC by the infringer. If you believe that content available by means of this Website infringes one or more of your copyrights, please notify us by providing a written notice (“Infringement Notice”) containing the information described below to the designated address listed below. If Art by Nicola Jeanette, LLC takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by such party to Art by Nicola Jeanette, LLC.Your Infringement Notice may be forwarded to the party that made the content available or to third parties as deemed appropriate by Art by Nicola Jeanette, LLC.Please be advised that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Thus, if you are not sure content located on or linked-to by the Website infringes your copyright, you should consider first contacting an attorney.
Please follow these steps to file a notice:
- Verify that the content in question is hosted on the domain NicolaJeanette.com or a subdomain of NicolaJeanette.com. We have no control over blogs, sites or pages that you may reach via external links from this website. Please contact the appropriate web host with complaints.
- Contact the blogger directly. Go to the blog post in question and leave a comment with your complaint to see if the matter can be resolved directly between you and the blogger.
- Send your complaint to our designated agent. If the issue cannot be resolved directly with the blogger, send your complaint to our designated agent at (email preferred):
Email: Art by Nicola Jeanette @ gmail. com
Art by Nicola Jeanette, LLC.
Attn: General Counsel
2 2 4 9 Locke Circle
Birmingham, AL 3 5 2 2 6
Phone: (2 0 5) 9 3 7 – 9 9 6 9
You must include the following in your complaint:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- Identification of the copyrighted work claimed to have been infringed;
- A description of the nature and exact location of the content that you claim to infringe your copyright, in sufficient detail to permit Art by Nicola Jeanette, LLC to find and positively identify that content. For example we require a link to the specific blog post or image within an image gallery that contains the content and a description of which specific portion of the blog post or image – an image, a link, the text, etc – your complaint refers to;
- Your name, address, telephone number and email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the copyright owner or a person authorized to act on their behalf.
Please note that a copy of your infringement notice, including any contact information you provide (address, telephone number, and email address), will be forwarded to the user who uploaded the content at issue.
8. Intellectual Property. This Agreement does not transfer from Art by Nicola Jeanette, LLC to you any Art by Nicola Jeanette, LLC or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Nicola Jeanette. Art by Nicola Jeanette, LLC, NicolaJeanette.com, logos, signatures, and all other trademarks, service marks, graphics and logos used in connection with NicolaJeanette.com, or the Website are trademarks or registered trademarks of Art by Nicola Jeanette, LLC or Art by Nicola Jeanette, LLC’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Art by Nicola Jeanette, LLC or third-party trademarks or Art.
9. Domain Names. This Website has registered domain names, and Art by Nicola Jeanette, LLC acknowledges and agrees that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
10. Changes. Art by Nicola Jeanette, LLC reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Art by Nicola Jeanette, LLC may also, in the future, offer new services and/or products and/or features through the Website (including, the release of new Art, new tools, or new resources). Such new features and/or products and/or services shall be subject to the terms and conditions of this Agreement.
11. Termination. Art by Nicola Jeanette, LLC reserves the right to terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your WordPress.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
12. Disclaimer of Warranties. The Website is provided “as is”. Art by Nicola Jeanette, LLC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Art by Nicola Jeanette, LLC nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a picture of a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
13. Limitation of Liability. In no event will Art by Nicola Jeanette, LLC or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the amount paid by you to Art by Nicola Jeanette, LLC under this agreement during the twelve (12) month period prior to the cause of action. Art by Nicola Jeanette, LLC shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
15. Indemnification. You agree to indemnify and hold harmless Art by Nicola Jeanette, LLC, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
16. Miscellaneous. This Agreement constitutes the entire agreement between Art by Nicola Jeanette, LLC and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Art by Nicola Jeanette, LLC., or by the posting by Art by Nicola Jeanette, LLC of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Alabama, U.S.A., and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Birmingham, Jefferson County, Alabama. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Birmingham, Alabama, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Art by Nicola Jeanette, LLC may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
November 10, 2013: Initial Agreement written.
September 12, 2015: Agreement Updates.
October 11, 2018: Added section on embedded websites.
Note, this general content, structure, and outline has been made available by Automattic, Inc. and can be found here. They’ve decided to make this Terms of Service content available under a Creative Commons Sharealike license, which means you’re more than welcome to steal it and repurpose it for your own use; just make sure to replace references to us or Automattic with ones to you, and if you want, they’d appreciate a link to Automattic.com somewhere on your site. They have spent a lot of money and time on the content above, and other people shouldn’t need to do the same.