Please read these Terms and Conditions carefully before using this website. By accessing or using www.rodneydickson.com, you agree to be bound by these Terms. If you do not agree to all of the following, you may not access or use the Site.
1. Acceptance of Terms
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Rodney Dickson, an individual artist operating at 181 Engert Avenue, Greenpoint, Brooklyn, New York ("Artist," "we," "us," or "our"). These Terms govern your access to and use of the website located at www.rodneydickson.com, including all content, functionality, and services offered on or through the Site.
We reserve the right to amend these Terms at any time. Amendments become effective upon posting to the Site. Your continued use of the Site following the posting of revised Terms constitutes your acceptance of such changes.
2. Intellectual Property Rights
All content published on this Site — including, without limitation, all artworks, images, photographs, paintings, drawings, prints, sculptures, mixed media works, sketches, studies, text, biographical materials, exhibition histories, press materials, and the overall design and compilation of the Site (collectively, the "Content") — is the exclusive intellectual property of Rodney Dickson and is protected under the copyright laws of the United States and applicable international treaties.
The Visual Artists Rights Act of 1990 (17 U.S.C. § 106A) and the Copyright Act (17 U.S.C. § 101 et seq.) protect the Artist's moral and economic rights in his works. All rights are reserved.
You are expressly prohibited from:
- Reproducing, copying, duplicating, or distributing any Content without prior written authorization from the Artist;
- Creating derivative works based on any artwork or Content displayed on the Site;
- Using any Content for commercial purposes, including advertising, merchandise, or resale;
- Removing, altering, or obscuring any copyright notices, watermarks, or attributions attached to the Content;
- Framing or mirroring any portion of the Site on any other server or platform; and
- Using automated means to scrape, harvest, or extract Content from the Site.
Limited permission is granted to view and download a single copy of the Content solely for your personal, non-commercial, informational use, provided you maintain all copyright and proprietary notices intact.
3. Artwork Sales and Inquiries
Any prices, availability, dimensions, or other details regarding artworks displayed on the Site are provided for informational purposes only and are subject to change without notice. Display of an artwork on the Site does not constitute an offer to sell. No contract for the purchase or sale of any artwork shall be formed until the parties have executed a written agreement.
The Artist reserves the right, in his sole discretion, to decline any sale or inquiry for any reason.
4. Accuracy of Information
We endeavor to maintain accurate and current information on the Site; however, we make no warranty or representation, express or implied, as to the accuracy, completeness, currency, or reliability of any Content. Exhibition dates, gallery affiliations, and availability of works may change without notice. The Artist's official records shall prevail in the event of any discrepancy.
5. Third-Party Links
The Site may contain hyperlinks to third-party websites, including galleries, publications, and institutions. Such links are provided for convenience only and do not constitute an endorsement by the Artist of the content, products, or services of any linked site. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites.
6. Disclaimer of Warranties
THE SITE AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
7. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RODNEY DICKSON, HIS AGENTS, REPRESENTATIVES, OR SUCCESSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES — INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES — ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE OR CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ARTIST'S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
8. Indemnification
You agree to indemnify, defend, and hold harmless Rodney Dickson and his agents and successors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your access to or use of the Site; (b) your violation of these Terms; or (c) your violation of any third-party right, including any intellectual property or privacy right.
9. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict-of-law provisions. Any dispute arising out of or relating to these Terms or your use of the Site shall be resolved exclusively in the state or federal courts located in Kings County (Brooklyn), New York, and you hereby irrevocably consent to the personal jurisdiction of such courts.
10. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, or, if modification is not possible, severed from these Terms, without affecting the validity and enforceability of the remaining provisions.
11. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Artist with respect to your use of the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.
12. Contact
For questions regarding these Terms, please contact us at:
Greenpoint, Brooklyn, New York
Email: rodneydickson1@aol.com
Website: www.rodneydickson.com/contact