This Terms of Service document contains the terms and conditions that govern your use of the Hudson River Fine Art (HRFA) website: your responsibilities and what you can expect from us. Use of the HRFA website constitutes your acceptance of and agreement to these terms.
HRFA reserves the right to add, delete and/or modify any of these terms and conditions, at any time and in its sole discretion, by posting a change notice or a new agreement on the Website. If any modification is unacceptable to you, your only recourse is to not use the Website and the HRFA Service. Your continued use of the Website following posting on the website of a change to these terms will constitute binding acceptance of the changes.
- HRFA provides the service of selling printed images in various forms as described on the website. You represent and warrant to GBC that, in your use of HRFA services, you will comply with all applicable laws, rules, and regulations.
- The rights to artists’ images rest with the artists who created them. Purchase of a print does not entitle the buyer to reproduce an image in any form, physical or digital, for any purpose, without express permission of the artist.
- You may not copy, reproduce, post on any other website, republish, upload, encode, modify, translate, commercially exploit, distribute or transmit any portion of this website or make any derivative works from this website in any way without the express prior written consent of HRFA and the artists whose work is involved.
- If you post images from the HRFA site to outside websites such as, but not limited to, Facebook, Pinterest, Google+, or Twitter, you must provide a link back to HFRA from each image to its associated page on the Site.
- HRFA is the sole owner of the website. All rights to the design and functioning software are the copyright-protected sole property of HRFA and may not be copied or altered by any other party.
- You must be at least 18 years old to use the HRFA website to purchase prints or post comments or be acting with the supervision of a parent or guardian.
- You may not use any computer program tools, including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm, or methodology, or any similar equivalent process (“Tools”) to access, acquire, copy or monitor any portion of the Website or content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain materials, documents or information through any means not purposely made available through the Website. Tools that use the Website shall be considered agents of the individuals who control or author them.
- You may not use the HRFA website:
for the posting, uploading, emailing or other transmission of any material, the publication, dissemination, use or possession of which infringes the rights of any person or which is unlawful in any other respect; in any way which is abusive, defamatory or obscene or which will harass, distress or inconvenience any person or which might restrict or inhibit the use and enjoyment of the Website by any person;
b. for the posting, uploading, emailing or other transmission of any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or commercial exploitation;
d. to create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from the website, without written permission from HRFA;
e. to transmit or re-circulate any material obtained from the website to any third party, without written permission from HRFA; in such a way so as to remove the copyright or trade mark notice(s) from any copies of any material made in accordance with these terms; or in any way that might bring HRFA, any of its artists, or affiliates into disrepute;
e. to collect electronic mail addresses or other information from third parties through misuse of HRFA;
f. impersonate another person or entity;
g. to use any meta tags, search terms, key terms or the like that contain HRFA’s name or trademarks;
h. to assist or encourage any third party to engage in any activity prohibited by this document.
- By joining our Mailing List, you agree to receive promotional information from HRFA, which will not share your information with third parties. HRFA will honor your request to be removed from our Mailing List.
- By making a purchase, you agree that your contact information will be shared with the artist whose work you purchased and that you will not hold HRFA responsible for any later use of that information by the artist. All artists will agree not to pass on your information to third parties and remove you from their personal mailing lists if you so request.
- All purchases are made through PayPal unless you have arranged with HRFA for an alternate payment method. HRFA will never see any of your financial information. This is kept secure by PayPal. By using the PayPal service, you agree not to hold HFRA responsible in any way for any breaches of security at PayPal.
- If you purchase products, you agree to do so in accordance with instructions provided on the website. Title to the products you purchase passes to you when the products are delivered to the common carrier.
- HRFA reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the website. All comments posted to the website can be removed by HRFA if they are deemed inappropriate, obscene or harmful in any way to HRFA or its artists.
- HRFA reserves the right to quote or otherwise use any comments that you post on the site in its promotional activities without further permission from you.
- If HRFA determines, in its sole and absolute discretion, that you or another user has breached or will breach a term or condition of these terms or that such transaction or communication is inappropriate, HRFA may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.
- HRFA reserves the right to change the content and/or look of the website at its discretion.
- HRFA reserves the right to discontinue its services but will honor any orders placed before termination of services.
- HRFA is not responsible for the content of the work it sells. All artists have signed an agreement stating that they have full rights to the images or parts of images they have provided to us for reproduction. If you believe that any of the work sold on this site impinges on your intellectual property, please contact us so that we may remove the work until the dispute has been resolved. However, any actions or claims you make regarding intellectual property rights must be made with the artist and not HRFA.
- Because all monitors are not calibrated the same, and prints do not have the same color range as monitors, you may expect that there will be some difference between the colors you have seen on your screen and the ones in the print. If a product arrives damaged or has obvious, serious manufacturing flaws, HRFA will order a replacement upon the return of the damaged or flawed item. You will be credited for the shipping cost of returning the item by USPS once the damage/flaw has been seen. HRFA will not be responsible for any costs you have incurred in buying a HRFA product beyond refunding the product cost and shipping. Refunds will only be made after the product has been returned to HRFA and if the buyer has refused to accept a reprint replacement.
- LIMITATION OF LIABILITY.HRFA will not be liable to you or any third party for any consequential, incidental, indirect, punitive or special damages (including damages related to lost profits, lost data or loss of goodwill) arising out of, relating to or connected with the use of HRFA services.
- HRFA assumes no responsibility, and shall not be liable for any damages caused by viruses or other forms on contamination or destructive features that may affect your computer equipment, software, data or other property on account of any form of your use of this website or any to which we have provided links.
- DISCLAIMER OF WARRANTIES.HRFA provides the website and its services on an “as is” and “as available” basis. HRFA does not represent or warrant that the website, HRFA service or its use: (i) will be uninterrupted, (ii) will be free of inaccuracies or errors, (iii) will meet your requirements, or (iv) will operate in the configuration or with the hardware or with the software you use. HRFA makes no warranties other than those made expressly in this document, and hereby disclaims any and all implied warranties, including without limitation, warranties of fitness for a particular purpose, merchantability and non-infringement.