Terms of Use

1. Acceptance of Terms

These Terms of Use form a binding agreement between you and Jason Reynolds Art. If you do not agree to these terms, do not use this website, purchase products, download files, request services, or use any images, artwork, text, design, or other materials made available through this site.

Additional terms may apply to image licenses, commissioned work, custom projects, print orders, third-party checkout systems, email communications, invoices, written proposals, or signed agreements. If a separate written agreement is signed by Jason Reynolds Art and directly conflicts with these Terms of Use, the signed written agreement controls only for that specific transaction.

2. Ownership of Site Content

Unless otherwise stated in writing, all photographs, images, artwork, graphics, text, logos, page layouts, designs, branding, source files, edited files, downloads, and other materials on this website are owned by Jason Reynolds Art or used with permission.

All rights not expressly granted are reserved. Viewing this website, sharing a public link, purchasing a physical product, purchasing a download, or receiving access to a file does not transfer copyright, ownership, authorship, moral rights, or any other intellectual property rights.

3. Limited Permission to Use the Website

You may access and use this website for personal, informational, purchasing, licensing, or business inquiry purposes only. You may not copy, download, reproduce, scrape, archive, alter, distribute, sell, sublicense, publish, train machine-learning systems with, or otherwise exploit any site content unless Jason Reynolds Art gives you specific written permission or a separate written license.

4. Image Licensing and Commercial Use

Commercial, editorial, promotional, advertising, publication, brand, product, resale, merchandise, template, stock, artificial intelligence, non-fungible token, and other usage rights are not included unless granted in a separate written license agreement.

Image licensing is governed by the Image Licensing page and any written license, invoice, or agreement issued for the specific image or project. If there is a conflict between these general Terms of Use and a signed image license, the signed image license controls for that specific licensed use.

5. Purchases Through SmugMug and Other Vendors

Physical prints, products, certain downloads, checkout flows, payment processing, order production, packaging, shipping, taxes, order status, customer support, and fulfillment may be provided by SmugMug and/or other approved third-party vendors. Those purchases may be subject to the applicable vendor’s terms, sale policies, support procedures, privacy practices, production limits, and fulfillment rules.

Jason Reynolds Art may curate, price, describe, or make artwork available for purchase through a vendor, but vendor-operated checkout and fulfillment services remain subject to the vendor’s systems and policies. A product purchase does not grant any right to reproduce, resell, scan, alter, publish, distribute, license, or commercially use the underlying image unless a separate written license is issued.

6. Returns, Exchanges, Refunds, and Order Issues

Physical prints, products, and certain downloads purchased through SmugMug are processed, produced, fulfilled, and supported through SmugMug and/or its approved vendors. Returns, exchanges, refunds, damaged-order claims, missing-item claims, shipping delays, cancellations, and order modifications are handled according to SmugMug’s applicable order policies and support procedures.

If an order arrives damaged, defective, incomplete, or materially incorrect, the purchaser should inspect the order promptly, keep the original packaging, photograph the product and packaging clearly, and contact SmugMug support using the order confirmation email, shipping email, order status page, or SmugMug support form. Claims may require timely documentation and review by SmugMug or its vendors.

Jason Reynolds Art is not responsible for carrier delays, lab production delays, lost packages, damage caused after delivery, incorrect shipping information supplied by the purchaser, color variation caused by screen settings, product choices selected during checkout, normal differences between digital previews and physical materials, or any issue outside Jason Reynolds Art’s direct control.

Jason Reynolds Art does not guarantee refunds, replacements, exchanges, cancellations, or free additional products for orders fulfilled through SmugMug or another vendor. Any remedy for a vendor-fulfilled order is subject to the vendor’s review, applicable policies, vendor procedures, and proof requirements.

To help prevent abuse and fraudulent claims, Jason Reynolds Art, SmugMug, and/or another vendor may require order numbers, photographs, return of the item, original packaging, shipment records, or other reasonable documentation before a replacement, refund, exchange, credit, cancellation, or other remedy is considered.

Purchases of image licenses, commercial usage rights, commissioned work, custom files, custom edits, custom products, and digital deliverables are separate from physical product returns and are generally non-refundable once delivered, approved, downloaded, used, made available, or production has begun, unless otherwise agreed in writing.

7. Pricing, Availability, and Product Descriptions

Prices, product options, availability, descriptions, shipping options, tax calculations, sale terms, and third-party checkout details may change without notice. Jason Reynolds Art attempts to present accurate information, but errors, omissions, vendor changes, color differences, product substitutions, discontinuations, technical issues, or display variations may occur.

Jason Reynolds Art may correct errors, update product information, remove products, refuse or cancel orders, or decline requests when appropriate, including when a listing contains a mistake, a vendor cannot fulfill an order, a requested use is not acceptable, or a transaction appears fraudulent, abusive, unlawful, or inconsistent with these Terms of Use.

8. Commissions, Custom Work, and Client Projects

Commissioned work, design services, creative direction, custom edits, custom files, private assignments, consulting, and other client services are governed by the written estimate, invoice, proposal, statement of work, contract, email approval, or other written terms that apply to that project.

Unless a separate written agreement states otherwise, Jason Reynolds Art retains ownership of original files, working files, drafts, unused concepts, underlying images, editing methods, creative process materials, and intellectual property created before, during, or after a project.

9. User Submissions and Communications

If you submit messages, requests, image references, project details, testimonials, comments, files, or other materials to Jason Reynolds Art, you represent that you have the right to provide them and that they do not violate any law, contract, privacy right, publicity right, intellectual property right, or third-party right.

You grant Jason Reynolds Art permission to use submitted materials as reasonably necessary to review, respond to, quote, estimate, perform, document, support, or complete the requested communication, service, project, purchase, license, or transaction.

10. Prohibited Uses

You may not use this website or any Jason Reynolds Art materials to:

  • Violate any law, regulation, contract, intellectual property right, privacy right, publicity right, or third-party right.
  • Copy, scrape, download, reproduce, sell, license, distribute, publish, modify, or exploit site content without written permission.
  • Use images or artwork in artificial intelligence training, model development, dataset creation, biometric analysis, face recognition, automated image generation, or similar systems without written permission.
  • Remove copyright notices, watermarks, attribution, metadata, signatures, or rights information.
  • Misrepresent authorship, ownership, endorsement, affiliation, sponsorship, licensing rights, or product availability.
  • Interfere with site security, access controls, hosting, forms, servers, networks, checkout systems, or third-party vendor systems.
  • Submit false, fraudulent, abusive, misleading, defamatory, threatening, harassing, obscene, or unlawful content or claims.

11. Third-Party Links and Services

This website may link to or rely on third-party services, including SmugMug, payment processors, shipping providers, social platforms, embedded media, analytics providers, plugins, hosting providers, fonts, maps, galleries, or other external systems. Jason Reynolds Art does not control those third-party services and is not responsible for their content, availability, security, policies, acts, omissions, errors, delays, or failures.

12. Privacy

Use of this website may involve collection or processing of certain information through site forms, email, analytics, cookies, vendor checkout systems, or third-party services. Privacy-related terms are addressed in the Privacy Policy and any applicable third-party vendor policies.

13. No Warranty

This website and all site content are provided on an “as is” and “as available” basis. Jason Reynolds Art makes no warranty that the website, products, files, images, descriptions, vendor services, checkout systems, downloads, communications, or other materials will be uninterrupted, secure, error-free, complete, current, compatible with your needs, or free of viruses or harmful components.

To the fullest extent permitted by law, Jason Reynolds Art disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, quiet enjoyment, and course of dealing.

14. Limitation of Liability

To the fullest extent permitted by law, Jason Reynolds Art will not be liable for indirect, incidental, consequential, special, exemplary, punitive, or similar damages, including lost profits, lost revenue, lost data, lost business, business interruption, reputational harm, replacement costs, or loss of opportunity, even if advised of the possibility of such damages.

To the fullest extent permitted by law, Jason Reynolds Art’s total liability for any claim arising from or related to this website, site content, products, services, licenses, purchases, downloads, communications, or these Terms of Use will not exceed the amount you paid directly to Jason Reynolds Art for the specific transaction giving rise to the claim, or one hundred dollars ($100), whichever is greater.

15. Indemnification

You agree to defend, indemnify, and hold harmless Jason Reynolds Art, its owner, agents, contractors, vendors, service providers, licensors, successors, and assigns from and against any claims, damages, liabilities, losses, costs, expenses, demands, or fees, including reasonable attorneys’ fees, arising from or related to your use of this website, your purchase or use of products, your use of licensed or unlicensed content, your submissions, your breach of these Terms of Use, your violation of law, or your violation of any third-party rights.

16. Changes to the Website and Terms

Jason Reynolds Art may update, suspend, remove, restrict, redesign, or discontinue any part of this website, product offering, service, content, checkout link, portfolio, gallery, page, policy, or feature at any time without notice. These Terms of Use may also be updated from time to time. The effective date above identifies the current version.

Your continued use of the website after changes are posted means you accept the updated Terms of Use.

17. Termination and Enforcement

Jason Reynolds Art may restrict access, refuse service, cancel requests, revoke permissions, terminate licenses, pursue takedowns, seek payment, demand removal of unauthorized uses, or take legal action if you violate these Terms of Use, violate an image license, misuse site content, submit fraudulent information, or otherwise act in a way that harms Jason Reynolds Art or third parties.

18. Governing Law and Venue

These Terms of Use are governed by the laws of the State of Washington, without regard to conflict-of-law principles. Any dispute arising from or related to these Terms of Use, this website, site content, purchases, licenses, or services must be brought in the state or federal courts located in Washington, unless a separate written agreement states otherwise.

19. Severability

If any provision of these Terms of Use is found invalid, unlawful, or unenforceable, the remaining provisions will remain in effect, and the invalid provision will be interpreted or modified to the minimum extent necessary to make it enforceable.

20. Contact

Questions about these Terms of Use, image licensing, unauthorized use, custom projects, or order-related direction may be sent through the contact methods provided on this website. For SmugMug orders, purchasers should also use the support options provided in the applicable SmugMug order confirmation, shipping notice, order status page, or help center.