1. INTRODUCTION
These terms and conditions (the “Terms and Conditions”) apply to the sale of any Jim Wilcox (the Artist) original, giclee print on canvas, (the “Artwork”) or other merchandise. (“Merchandise”) by Wilcox Gallery, dba Jim Wilcox Art to you.
2. TITLE AND RISK
As soon as the purchase price is paid in full, you will become the legal owner of the Artwork or Merchandise and, upon payment, you will be responsible for the Artwork and the risk of damage to or loss of the Artwork will pass to you. However, Jim Wilcox Art does insure all Artwork shipments in-house to make sure they reach your specified shipping address undamaged.
3. OWNERSHIP OF THE ARTWORK COPYRIGHT
3.1 Copyright of all Artwork and Merchandise remains the property of the Artist.
3.2 You may not produce any image of the Artwork except for personal use (e.g. a collection of artwork images for insurance purposes) and may not, at any time, publish or submit for publication or reproduction any image of the Artwork to any third party, including any internet website for any purpose unless by written consent from the Artist or Jim Wilcox Art.
3.3 If you breach any of your obligations under paragraph 3.2 you agree that:
(a) the payment of damages will not be a sufficient remedy to compensate us or the Artist for your breach; (b) we may, and the Artist may, apply to the court for an order to prevent you from continuing to breach your obligations under these Terms and Conditions; and
(c) we may, and the Artist may, contact the operator of any internet website on which the Artwork is being offered for sale or on which an image of the Artwork has been placed by you or at your direction, and instruct such operator, on your behalf, to remove any such offer for sale or image from any such internet website.
4. DATA PROTECTION
We may collect, hold, control, use and transmit personally identifiable information obtained from you in the course of your purchase of the Artwork. By agreeing to these Terms and Conditions you agree to such information being used in these ways and for such information to be disclosed to the Artist if you are in breach of your obligations under these terms and conditions.
5. LIABILITY OF JIM WILCOX ART
We make no representation or warranty of any kind whatsoever, express or implied, in connection with the Artwork. Jim Wilcox Art and its officers, directors, employees, shareholders or agents exclude all liability (whether in contact, tort or otherwise), to the fullest extent permitted by applicable law, for any loss or damage that may result to you or a third party in connection with the Artwork.
6. RIGHTS OF THIRD PARTIES
No person other than you and Jim Wilcox Art have any rights under these Terms and Conditions other than in respect of paragraph 3 above which confers a benefit on the Artist and is intended to be enforceable by the Artist.
7. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with U.S. law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of U.S. courts.