Francesca Jackson :: Terms of Use

Introduction and Acceptance

Access to and use of this Web Site within the UK and internationally is provided by Look & Feel for Francesca Jackson on the Terms of Use described below. By using this Web Site you agree to be bound by these Terms of Use, which shall take effect immediately on your first use of this Web Site. If you do not agree to be bound by all of the following Terms of Use, please do not use the Web Site.

In addition to these Terms of Use, Look & Feel has established a Privacy Policy to explain how user information is collected and used. A copy of this Privacy Policy can be found here: Privacy Policy, and is incorporated by reference into these Terms of Use. By accessing or using the Web Site, you are signifying your acknowledgement and agreement to the Privacy Policy.

The Terms of Use:

1. Definitions

2. Intellectual Property

3. Licence to use the Web Site

4. Copyright of the Paintings

5. Copyright of the Photographic Images

6. Requests for permission for the use of Content

7. Copyright protection

8. Disclaimers and Limitation of Liability:

9. Amendment: Additional Terms

10. General Terms

1. Definitions

1.1. "The/this Web Site" means francescajackson.co.uk and francescajackson.com

1.2. "Look & Feel" is the owner and provider of this Web Site.

1.3. "Content" includes, but is not limited to, the Web Site's design, layout and organisation, all text, illustrations, files, names, logos, icons, Photographic Images, galleries, slideshows, software, scripts, graphics, information, URLs, technology, documentation, and interactive features on this Web Site or deployed in associated Promotional Material (see 1.6 below) regarding or relating to Francesca Jackson and/or Look & Feel, their products and services.

1.4. "Paintings" means Paintings by Francesca Jackson, whether ordered through this Web Site, purchased or commissioned directly from Francesca Jackson, or purchased from a third party, exhibition, auction or any other commercial or non-commercial premises.

1.5. "Photographic images" means all photographs of Francesca Jackson and/or her Paintings on this Web Site or deployed in associated Promotional Material (see 1.6 below), including any photographs taken 'in situ' in commercial or non-commercial premises.

1.6. "Promotional Material" means:

any text of a standardised oral presentation, or any communication for publication in any newspaper, magazine or similar medium, or for broadcast over television, radio, web sites or other electronic medium, which is disseminated or directed to the public by Look & Feel in relation to Francesca Jackson and/or her Paintings;
any standardised form of report, letter, circular, memorandum or publication which is disseminated or directed to the public by Look & Feel in relation to Francesca Jackson and/or her Paintings; or
any other written material disseminated or directed to the public by Look & Feel for the purpose of promoting Francesca Jackson and/or her Paintings, whether in printed or electronic format (e.g. email, PDF, newsletter, or similar).

1.7. "We, us and our" means Look & Feel.

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2. Intellectual Property

2.1. The Web Site and included Content (and any derivative works or enhancements of the same) and all intellectual property rights to the same are owned by Look & Feel. Additionally, all trademarks, service marks, trade names, design rights and other intellectual property rights of Content located in and on this Web Site are owned by Look & Feel. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in the Web Site or any Content. Any rights not expressly granted in these Terms of Use are expressly reserved.

2.2. The names, images and logos identifying Francesca Jackson, Look & Feel or third parties and their products and services are subject to copyright, design rights and trademarks of Francesca Jackson, Look & Feel and/or third parties. Nothing contained in these Terms of Use shall be construed as conferring any licence or right to use any trademark, design right or copyright of Francesca Jackson, Look & Feel or any other third party. (See Section 4 and Section 5 below.)

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3. Licence to use the Web Site

3.1. Access to the Web Site including, without limitation, the Content, is provided for your information and personal, non-commercial use only. When using the Web Site, you agree to comply with all applicable laws including, without limitation, copyright law. (See Copyright protection below.)

3.2. You may view, download for caching purposes, and print Content for your personal, non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading or printing Content.

3.3. Except as expressly permitted in these Terms of Use, you may not:

copy, download, use, store, reproduce, duplicate, disassemble, decompile, post, broadcast, distribute, republish, transmit, transfer, manipulate, make available to the public (including but not limited to republication on another Web Site or in print) or otherwise exploit Content for a commercial, promotional or any other purpose, without the express written permission of Look & Feel (see Section 6 below);
adapt, alter, modify or create a derivative work from any of the Content;
sell, rent or otherwise sub-license any of the Content;
cause an infringement of the copyrights of any of the Paintings or Photographic Images, as described in Section 4 and Section 5 below;
remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Web Site or Content;
use network-monitoring software to determine the architecture of, or to extract usage data from, the Web Site;
collect or harvest any personally identifiable information from the Web Site, including but not limited to names and email addresses;
attempt to interfere with the proper working of the Web Site or impair, overburden, or disable the same; or
use an automatic device (such as a robot or spider) or manual process to copy or "scrape" the Web Site or Content for any purpose without the express written permission of Look & Feel (see Section 6 below). Notwithstanding the foregoing, Look & Feel grants public search engine operators permission to use automatic devices (such as robots or spiders) to copy Content from the Web Site for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Content that is available to the public. Look & Feel reserves the right to revoke this permission (generally or specifically) at any time.

3.4. You agree to cooperate fully with Look & Feel to investigate any suspected or actual activity that is in breach of these Terms of Use.

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4. Copyright of the Paintings

4.1. All copyrights and any other intangible rights to the Paintings and their design shall remain vested in Francesca Jackson. The purchase of a Painting does not imply that the buyer owns the license to use the Painting, its image or its design for a commercial, promotional or any other purpose.

4.2. You may not:

copy or reproduce a Painting;
adapt, alter, modify or create a derivative work from a Painting; or
use a Painting, its image or its design for a commercial, promotional or any other purpose without the express written permission of Francesca Jackson. Requests for permission should be submitted by email or by using our online contact form.

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5. Copyright of the Photographic Images

5.1. All copyrights of the Photographic Images shall remain vested in Look & Feel.

5.2. Except as expressly permitted in these Terms of Use, you may not:

copy, download, store, reproduce, duplicate, disassemble, decompile, post, broadcast, republish, transmit, transfer, manipulate, make available to the public (including but not limited to republication on another Web Site or in print), or otherwise exploit any of the Photographic Images for a commercial, promotional or any other purpose, without the express written permission of Look & Feel (see Section 6 below);
adapt, alter, modify or create a derivative work from any of the Photographic Images, including without limitation any digitisation or synthesizing of the images, alone or in part with any other Content from this Web Site, Promotional Material, or any other source, by use of computers or otherwise by any means or method now or hereafter known; or
sell, rent or otherwise sub-license any of the Photographic Images.

See Copyright protection below.

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6. Requests for permission for the use of Content

6.1. Requests for permission for the use of any of the Content should be submitted by email or by using our online contact form.

6.2. If permission is given, a stipulation will be imposed that your use of any copies of Content made for a permitted purpose will include the following:

a clear acknowledgement in any material disseminated or directed to the public in which the copy of the Content is published that copyright of the copied Content belongs to Look & Feel. The URL of the Look & Feel web site (including a live hyperlink to a designated page on the Look & Feel web site if the copied Content is published in an electronic medium) will be included in this acknowledgement;
a written undertaking that no attempt will be made to remove or interfere with the digital watermark embedded in any Photographic Images licensed to you; and
any other conditions that the circumstances and context of the permission will require, at the absolute discretion of Look & Feel.

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7. Copyright protection

7.1. Copyright protection is an automatic right under international law. Use of any of the Content (including the Photographic Images on this Web Site or in any related Promotional Material) without written permission is an infringement of Look & Feel's copyright. Look & Feel vigorously protects its copyright interests.

7.2. Look & Feel deploys several methods of detecting and/or deterring plagiarism:

We use the services of Digimarc, a supplier of secure identity and media management solutions, to embed a personalised digital watermark in all the Photographic Images and to track their use on the public Web. This watermark cannot be removed without destroying the image and is embedded in a way that ensures it remains through file manipulations such as resizing and cropping.
We use the services of Copyscape, a solution on the Web for detecting online plagiarism. Copyscape regularly scans the Web to identify sites that have copied Content without permission. A banner supplied by Copyscape has been inserted into every page on this Web Site together with a notice warning that unauthorised copying or republishing will constitute an infringement of copyright.
To establish Look & Feel's rightful ownership of the Web Site and included Content (and any derivative works or enhancements of the same) and all intellectual property rights to the same, a copy of this Web Site, including all images, design concepts, drafts and original artwork from 2005 to date, and copies of Promotional Material, has been deposited with the UK Copyright Service (known internationally as Copyright Witness). Whenever Content is changed or new Content is added to this Web Site, such changes are deposited with the UK Copyright Service.
A clear warning is placed on pages that contain Photographic Images that copying or reproducing any of the images without prior written permission from Look & Feel is prohibited.

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8. Disclaimers and Limitation of Liability

8.1. Content

8.1.1. The Web Site's Content, including the information, names, images, pictures, logos and icons regarding or relating to Francesca Jackson and/or Look & Feel, their products and services (or to third party products and services), is provided “AS IS” and on an “AS AVAILABLE” basis. To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose, compatibility, non-infringement, security and accuracy and the use of reasonable care and skill).

8.1.2. We do not guarantee the timeliness, completeness or performance of this Web Site or any of the Content, neither do we guarantee that the Web Site remains available or that the Content on the Web Site is kept up-to-date. While every attempt is made to ensure that all Content is correct at the time of publication, no responsibility is accepted by or on behalf of Look & Feel for any errors, omissions or inaccurate Content on the Web Site.

8.1.3. Look & Feel reserves the right to remove, vary or amend any of the Content of this Web Site at any time and without prior notice.

8.2. Prices of Paintings

The prices quoted for Paintings offered for sale are provided to Look & Feel by Francesca Jackson and are published on this Web Site in good faith. In no event shall Look & Feel be responsible for any discrepancy between the price of a Painting quoted on this Web Site and the price of the same Painting if purchased directly from Francesca Jackson, or from an exhibition, gallery, or from any other commercial or non-commercial premises.

8.3. Availability and integrity of the Web Site

Access to this Web Site may be suspended temporarily and without notice in circumstances of system failure, maintenance or repair or for reasons beyond our control. Therefore, we do not warrant that functions available on this Web Site will be uninterrupted or error free, that defects will be corrected, or that this Web Site or the server that makes it available is free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy and integrity of data input and output.

8.4. Third party web sites

Look & Feel is not responsible for the availability or content of any third party sites that are accessible through this Web Site. Any links to third party web sites from this Web Site do not amount to an endorsement of that site by Look & Feel, and any use of that site by you is at your own risk.

8.5. Damages

In no event shall Look & Feel be liable for any damages whatsoever, and in particular we shall not be liable for special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to the Web Site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise.

8.6. Indemnification

You agree to indemnify and hold harmless Look & Feel from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable solicitors’ fees and costs) arising out of, related to, or that may arise in connection with:

your access to or use of the Web Site;
any actual or alleged violation or breach by you of these Terms of Use;
any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or
your acts or omissions.

You agree to cooperate fully with Look & Feel in the defense of any claim that is the subject of your obligations hereunder.

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9. Amendment: Additional Terms

9.1. We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the Web site or to modify these Terms of Use. In addition, we reserve the right to provide additional terms that may govern your use of the Web site generally, unique parts of the Web site, or both ("Additional Terms"). Any Additional Terms that we may provide will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.

9.2. Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice by posting on the Web site. It is your responsibility to review the Terms of Use and the Web site from time to time for any changes or Additional Terms. Your access and use of any the Web site following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, you should immediately discontinue use of the Web site.

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10. General Terms

10.1. These Terms of Use will be governed by and construed in accordance with English law, and any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of England.

10.2. The section headings used herein are for convenience only and shall not be given any legal import. If any provision of these Terms of Use is held to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

10.3. Any delay or failure on the part of Look & Feel to exercise or enforce any rights under these Terms of Use to which we may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. You irrevocably agree that you waive any and all rights to injunctive or other equitable relief.

10.4. These Terms of Use (including the Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter.

10.5. You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without prior written consent from Look & Feel. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. Look & Feel may assign these Terms of Use or any rights hereunder without your consent and without notice.

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