Terms of Service

Effective Date: August 21, 2025

Welcome to Gallery on Fall Creek (“we,” “our,” “us”). These Terms of Service (“Terms”) govern your access to and use of our website, online gallery, services, and content (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you must not use our Services.

1. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) to use our Services. By using the Services, you represent that you meet this requirement and that you have the legal capacity to enter into these Terms.

2. Use of Services

  • You may browse artworks, learn about artists, and purchase available items in compliance with these Terms.

  • You agree not to misuse our Services, including but not limited to:

    • Copying, reproducing, or distributing content without permission.

    • Attempting to hack, disable, or disrupt the Services.

    • Using the Services for unlawful, harmful, or fraudulent activities.

We reserve the right to suspend or terminate your access if you violate these Terms.

3. Accounts and Registration

  • Some features may require creating an account. You must provide accurate, complete, and current information.

  • You are responsible for safeguarding your account credentials and for all activities under your account.

  • Notify us immediately of unauthorized use of your account.

4. Purchases and Payments

  • Artwork purchases, prints, or other products may be available through the Services.

  • Prices, taxes, shipping costs, and payment details will be displayed at checkout. All sales are final unless otherwise stated.

  • Payments are processed through third-party providers. We are not responsible for errors, delays, or issues with payment processors.

  • Ownership of purchased artwork transfers to you only upon receipt of full payment.

5. Shipping and Delivery

  • We will make reasonable efforts to ship purchased items within the timeframe stated at checkout.

  • Risk of loss passes to you once the item is delivered to the shipping carrier.

  • International customers are responsible for customs duties, fees, and taxes.

6. Returns and Refunds

  • Original artwork sales are generally final unless damaged in transit.

  • If your item arrives damaged, contact us within 7 days of receipt with photos of the damage for assistance.

  • Refunds or replacements, when applicable, will be handled on a case-by-case basis.

7. Intellectual Property

  • All content on the Services, including images of artwork, logos, designs, text, and other materials, is owned by Gallery on Fall Creek, its artists, or licensors.

  • You may not reproduce, distribute, modify, or publicly display any content without prior written consent.

  • Artists retain copyright in their original works unless otherwise transferred.

8. User Submissions

  • If you submit comments, reviews, or other content, you grant us a non-exclusive, worldwide, royalty-free license to use, display, and share that content in connection with the Services.

  • You are responsible for ensuring your submissions do not infringe on others’ rights or contain unlawful material.

9. Third-Party Links

Our Services may contain links to third-party websites. We are not responsible for the content, products, or services of third parties, and you use them at your own risk.

10. Disclaimer of Warranties

The Services and all content are provided “as is” and “as available” without warranties of any kind, whether express or implied. We do not guarantee that:

  • The Services will be uninterrupted, secure, or error-free.

  • The information provided will be accurate, complete, or up-to-date.

  • Any defects will be corrected.

11. Limitation of Liability

To the fullest extent permitted by law:

  • Gallery on Fall Creek and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages.

  • Our total liability for claims arising out of or related to the Services will not exceed the amount you paid for the item giving rise to the claim.

12. Indemnification

You agree to indemnify and hold harmless Gallery on Fall Creek, its affiliates, staff, and artists from any claims, damages, liabilities, and expenses (including legal fees) arising out of your use of the Services or your violation of these Terms.

13. Termination

We reserve the right to suspend or terminate your access to the Services at our sole discretion, without prior notice, for conduct we believe violates these Terms or is harmful to other users, us, or third parties.

14. Governing Law

These Terms are governed by the laws of the State of [Insert State], without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of courts located in [Insert County, State] for any dispute arising out of these Terms.

15. Changes to Terms

We may update these Terms at any time. The updated Terms will be posted on this page with a revised effective date. Your continued use of the Services after changes are posted constitutes acceptance of the new Terms.

16. Contact Us

If you have questions about these Terms, please contact us:

Gallery on Fall Creek
123 West State Street
Pendleton, IN 46064

[email protected]

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