Terms of Use

Acceptance of Terms and Conditions of Use

Please read this carefully before using our site, services, products. This agreement (“Terms and Conditions“, “T&C“, “ToS“) is a legal contract between you (“you”) and Kohly Fine Art, LLC (“Company“, “we“, “us“) over your use of our website located at kohlyart.com (“Website“).

By using this Website you will be bound by these T&C and the Company’s privacy policy (“Privacy Policy“). If you don’t agree to these T&C and/or the Privacy Policy, you must not use this Website.

PROTECTION OF PRIVACY

The Company is committed to protecting the privacy of its website visitors in accordance with applicable laws and regulations. All information gathered from you in connection with your use of The Company’s Website is governed by The Company’s Privacy Policy, which is incorporated herein as if restated in full. Please note that The Company’s Website are not specifically dedicated to children and The Company does not actively solicit information from children. Children under the age of twelve are required to obtain permission from an adult before submitting information to The Company’s Website.

ALL CONTENT IS PROTECTED BY COPYRIGHT LAWS

Images, text, data, software, documentation, electronic text and image files, audio and video files and clips, design and other materials on the The Company’s Website (collectively “Content”) are protected by U.S. and international copyright laws and may be covered by other restrictions as well. The Company retains all rights, including copyright, in the Content. Copyrights and other proprietary rights in the material on the The Company’s Website may also subsist in individuals and entities other than, and in addition to, The Company. The Company expressly prohibits the copying of any protected materials on this website, except for fair use as defined by law. Any unauthorized use of protected materials may violate intellectual property laws and the Terms and Conditions of Use. The Company does not grant any express or implied permission to use any Content in the absence of express written permission from The Company. Unauthorized copying, publication or exploitation of The Company’s Content is specifically prohibited. Anyone wishing to use any Content for commercial use, publication, or any purpose other than fair use as defined by law, must request and receive prior written permission. The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property right in the product.

LICENSE AND SITE ACCESS

The Company grants you a limited license to access and make personal use of The Company’s Website, but not download (other than page caching) or modify it, or any portion of it, except with express written consent of The Company. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Company’s Website or any portion of The Company’s Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of The Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of The Company’s Website without express written consent. You may not use any meta tags or any other “hidden text” utilizing the The Company’s name or trademarks without the express written consent of The Company. Any unauthorized use terminates the permission or license granted by The Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of The Company’s Website so long as the link does not portray The Company’s Website, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use the The Company’s Website logo or other proprietary graphic or trademark as part of the link without express written permission from The Company.

RESERVATION OF RIGHTS

All rights and licenses not expressly granted by The Company herein are specifically and completely reserved. Nothing on The Company’s Website or in these Terms and Conditions grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any content or property of any third party, or may be construed to mean that The Company has authority to grant any right or license on behalf of any third party.

TERMS OF PURCHASES FROM THE COMPANY’S OFFICIAL WEBSITE

All purchases from the The Company’s Website are made subject to the terms and conditions set forth here. The Company does not warrant that product descriptions or other content of the The Company Website are 100% accurate, complete, reliable, current or error-free. If a product offered by The Company and purchased by You is not as described, Your sole remedy is pursuant to the returns procedures and policies set forth here.

LIMITATIONS ON YOUR USE OF THE SITE

You agree not to:

1. Obstruct or attempt to obstruct the systems identification procedures or to forge communications of any form;
2. Attempt to cause, or actually cause, any disruption of service on The Company’s Website or any other network or any server housing The Company Website, including but not limited to malicious traffic generation, attempted or actual violation of any security system in place on the Internet and its resources, inserting or injecting into The Company Website or any other network or any server housing The Company Website any virus, cancelbot, worm, logic bomb, Trojan horse, spyware, adware, malware, or other harmful contents or components, or to engage in or attempt to engage in any unauthorized access to any computer or resource on the Internet;
3. Abuse or attempt to abuse the system and resources of The Company Website in any manner;
4. Violate or attempt to violate the security of the authentication and accounting procedures of The Company Website;
5. Attempt to or actually undermine, hinder, damage, or disrupt the hardware, software, or security of The Company Website or any of its various components. The Company may block, restrict, disable, suspend or terminate your access to all or part of The Company Website and Content at any time in The Company’s discretion, without prior notice or liability to you.

WARRANTY AND INDEMNIFICATION

By using The Company Website in any manner, you represent and warrant that your use will be consistent with these Terms and Conditions. You agree to indemnify, defend, and hold The Company, its affiliates, trustees, directors, officers, employees, or agents harmless from all claims, causes, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of The Company’s Website.

DISCLAIMER OF WARRANTIES

THE COMPANY PROVIDES THE SITE ON AN “AS IS” BASIS. YOUR USE OF THE SITE, CONTENT, AND COMPILATION IS AT YOUR OWN RISK. THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COPYRIGHT OWNERSHIP AND/OR NONINFRINGEMENT OF COPYRIGHTS OR OTHER THIRD PARTY PROPRIETARY RIGHTS. THE COMPANY DOES NOT WARRANT THAT THE SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. THE COMPANY MAKES REASONABLE, ONGOING EFFORTS TO REVISE AND UPDATE THE SITE, BUT ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE SITE. THE COMPANY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE REPRODUCTION OF THE CONTENT OR COMPILATION.

LIMITATION OF LIABILITY

NEITHER THE COMPANY, ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO YOUR USE OF THE SITE, CONTENT, AND/OR COMPILATION.

SEVERANCE AND WAIVER

You acknowledge and agree that in the event any provision of these Terms and Conditions shall be held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, in any respect, the validity, legality, and/or enforceability of the remaining terms and conditions contained herein shall not in any way be affected or impaired thereby. In such event, the parties agree that such invalid term(s) or condition(s) shall be validly reformed by the court to as near approximate the intent of the parties as reflected in the provision, and if unreformable, shall be severed and deleted from these Terms and Conditions. The Company’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless agreed to in writing by The Company.

VENUE AND CHOICE OF LAW

These Terms and Conditions and any counterparts, amendments, or revisions thereto shall be governed and construed in accordance with the laws of the State of Florida, without regard to principles of conflicts of laws. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to this Agreement shall be brought in a Federal or State court located in Miami-Dade County in the State of Florida, and the parties hereby waive any objection that they may have to personal jurisdiction or forum non conveniens in these courts.

ENTIRE AGREEMENT

These Terms and Conditions are the complete statement of the agreement of the parties with respect to the subject hereof and supersede all prior agreements and understandings between the parties hereto with respect to the subject hereof. In order to be binding, any amendment or modification of this Agreement must be effected by an instrument in writing signed by the parties.

Questions? Contact us at [email protected] for further information.