TERMS OF USE
Effective Date: March 25, 2025
Welcome to Eva Guerin Fine Art! These Terms of Use (“Terms”) are an agreement between you (“you” or “your”) and Dancing Seagulls, LLC d/b/a Eva Guerin Fine Art (“Eva Guerin Fine Art”, “we”, “our” or “us”) which governs your access to and use of our website, products, and services (collectively, “Services”).
1. Acceptance of Terms
By accessing or using our Services in any way, you confirm that you have read and understood these Terms, and you agree to comply with and be bound by these Terms in their entirety, without modification. If you do not agree to these Terms, then you must stop accessing and using our Services.
2. General Terms
a. Age Requirement: Our Services are not intended for children under the age of thirteen (13). If you are under the age of thirteen (13), you may not access or use our Services.
b. Entities: If you are using our Services on behalf of a company or other entity, then you represent and warrant that you are at least eighteen (18) years of age, and that you are authorized to bind that company or other entity to these Terms. And, if you are using our Services on behalf of a company or other entity, any references to “you” or “your” in these Terms also includes the entity’s representatives, agents, contractors, affiliates, employees, and so forth.
c. Privacy and Data Collection: We respect your privacy. We will never sell your personal information to anyone. Your use of our Services is also governed by our Privacy Policy, which is incorporated into and considered a part of these Terms. Our Privacy Policy can be found here.
d. License to Use: You are granted a limited, non-exclusive, non-transferable license to access and use our Services for personal, non-commercial purposes. This license does not allow you to download (other than page caching) or modify any portion of our website without prior written consent from us.
e. Content Ownership & Copyright: All artwork, designs, images, videos, text, logos, trademarks, and other content on our website are the property of Eva Guerin Fine Art and are protected by U.S. and international copyright, trademark, and/or other intellectual property laws. You may not use any content from our website for commercial purposes without the express written permission of Eva Guerin Fine Art. By purchasing an Eva Guerin original painting, print, or replica, you do not own the copyright to the artwork. Eva Guerin Fine Art may continue to sell prints and replicas of all Eva Guerin Fine Art artwork at its discretion. You may not use an Eva Guerin Fine Art painting image for any type of commercial use or financial gain without having first obtained the express permission to do so in writing from Eva Guerin Fine Art. We reserve all rights not expressly granted to you in these Terms.
f. Prohibited Uses: You agree not to engage in any activity that may:
Violate any applicable laws or regulations.
Infringe upon or violate Eva Guerin Fine Art’s intellectual property rights.
Interfere with the operation or security of our website.
Use our website for any unlawful, harmful, or offensive purpose.
3. Purchases and Payment
If you purchase any artwork, products, or services through our website, you agree to provide accurate and complete information during the purchase process. Prices for items on our Website may change without notice, and Eva Guerin Fine Art reserves the right to refuse or cancel any order for reasons including but not limited to errors in pricing or availability.
4. Third-Party Links
Our website may contain links to third-party websites. These links are provided for convenience only, and Eva Guerin Fine Art does not endorse or control these external sites. You access them at your own risk, and we are not responsible for their content or privacy practices.
5. User Content
By submitting any content to our website (including comments, feedback, and reviews), you grant Eva Guerin Fine Art a perpetual, non-exclusive, royalty-free license to use, reproduce, modify, and distribute such content for any purpose related to our website.
6. Disclaimers
a. No Warranty: Our Services are provided "as is" and "as available," without any warranties of any kind, express or implied, including but not limited to the implied warranties of merchantability or fitness for a particular purpose. You acknowledge and agree that your access to and use of our Services is at your own risk.
b. Accuracy of Information: While we strive to ensure that the information on our website is accurate and up to date, we do not guarantee that the content is error-free or complete.
7. Limitation of Liability
In no event shall Eva Guerin Fine Art be liable to you for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, data, or goodwill, arising out of or in connection with your use of our Services.
8. Indemnification
You agree to indemnify, defend, and hold harmless Eva Guerin Fine Art and its officers, directors, agents, and employees from and against any and all claims, liabilities, damages, losses, or expenses (including attorneys' fees) arising from your use of our Services or violation of these Terms.
9. Modifications to Terms
Eva Guerin Fine Art reserves the right to modify or update these Terms at any time. All changes will be posted on this page, and the date at the top of the page will be updated. Your continued use of our Services after any such changes constitutes your acceptance of the updated Terms.
10. Governing Law
These Terms, and any disputes or claims arising out of or in connection with them, shall be governed by and construed in accordance with the laws of the State of Washington and the United States of America, without regard to their conflict of law principles. By using our Services, you consent to the exclusive jurisdiction and venue of the state and federal courts located in King County, Washington, for the resolution of any disputes.
11. Miscellaneous
a. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable for any reason, that provision will be enforced to the maximum extent permitted, and these Terms will otherwise remain in full force and effect.
b. Nothing in these Terms will prevent us from complying with any applicable law or regulation.
12. Contact Information
If you have any questions about these Terms, please contact us at:
Eva Guerin Fine Art