Terms & Conditions

THE DISTELHEIM GALLERY | WEBSITE LEGAL TERMS

WEBSITE TERMS AND CONDITIONS

The Distelheim Gallery and The Distelheim Gallery Shop

Effective date August 25, 2026

Website

[INSERT PRIMARY WEBSITE URL AND ANY SHOP URL]

Operator

The Distelheim Gallery, LLC, an Illinois limited liability company

IMPORTANT: THESE TERMS FORM A BINDING AGREEMENT. THEY INCLUDE AN ALL-SALES-FINAL POLICY, INTELLECTUAL-PROPERTY AND AI-USE RESTRICTIONS, WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, AN INDIVIDUAL-CLAIMS REQUIREMENT, AND A JURY-TRIAL WAIVER. PLEASE READ THEM BEFORE USING THE SITE OR PURCHASING.

1. Acceptance of These Terms

These Website Terms and Conditions (the “Terms”) are a legally binding agreement between you and The Distelheim Gallery, LLC (“Distelheim Gallery,” “Gallery,” “we,” “us,” or “our”). They govern access to and use of the website or websites identified above, The Distelheim Gallery Shop, all pages, storefronts, checkout experiences, digital features, content and services that link to these Terms (collectively, the “Site”), and purchases made through the Site or other Gallery-authorized channels.

By visiting, browsing or using the Site; creating an account; submitting information; clicking an acceptance box; placing an order; paying an invoice; registering for an event; or otherwise interacting with a Gallery offering that incorporates these Terms, you acknowledge that you have read, understood and agree to be bound by these Terms and all policies incorporated by reference. If you do not agree, do not use the Site or complete a transaction.

You represent that you are at least eighteen years old and have legal capacity to enter into this agreement. If you act for a company, trust, estate or other person, you represent that you have authority to bind that party, and “you” includes that party.

2. The Gallery, Shop and Protected Parties

The Distelheim Gallery Shop is a trade name, sales channel and curated retail experience operated by The Distelheim Gallery, LLC; it is not a separate legal entity unless the Gallery later states otherwise in writing.

For purposes of provisions concerning intellectual property, identity rights, acceptable use, releases, indemnification, disclaimers, limitations of liability, dispute resolution and enforcement, the “Gallery Parties” means, collectively and individually: The Distelheim Gallery, LLC; The Distelheim Gallery; The Distelheim Gallery Shop; Jefferey Cornett; Lisa Distelheim Barron; their respective estates, trusts, personal representatives, entities, affiliates and holding companies; and each of their present and future members, managers, owners, officers, directors, employees, contractors, artists, curators, representatives, agents, licensors, licensees, successors and assigns.

References to a Gallery Party as an artist, founder, curator, creative director, spokesperson, host or representative do not make that person the seller in an individual capacity or personally responsible for the Gallery’s contractual obligations unless that person expressly agrees in a separate writing signed in that individual capacity.

3. Related Policies and Order of Control

The following policies, as posted and updated on the Site, are incorporated into these Terms:

Refund, Return, Exchange and Cancellation Policy;
Shipping and Delivery Policy;
Privacy Policy and any applicable cookie notice;
Accessibility Statement; and
Any product-specific, event-specific, commission, custom-order or written sales terms presented before purchase.

If documents conflict, a signed commission or custom-order agreement controls for that transaction; then product- or event-specific written terms; then the Refund Policy or Shipping Policy for their subject matter; and then these Terms. Nonwaivable law controls to the extent of any conflict.

4. Changes to the Site and Terms

We may modify the Site and revise these Terms prospectively. The “Effective Date” identifies the current version. Material changes become effective when posted or on a later stated date. Your continued use after the effective date constitutes acceptance, but the version in effect when an order was accepted ordinarily governs that transaction. We may suspend, withdraw, limit or discontinue any Site feature without liability, subject to existing obligations and applicable law.

5. Limited License to Use the Site

Subject to these Terms, the Gallery grants you a limited, personal, revocable, nonexclusive, nontransferable and nonsublicensable license to access and use the Site solely to learn about the Gallery, view offerings, manage lawful purchases and interact with Gallery services for personal, noncommercial purposes. No other license is granted by implication, estoppel or otherwise.

The Gallery may revoke this license at any time if you violate these Terms, threaten the Site or Gallery Parties, misuse content, or engage in conduct the Gallery reasonably believes may cause legal, security, reputational or operational harm.

6. Accounts, Credentials and Security

You must provide accurate, current and complete information and promptly update it. You are responsible for safeguarding credentials, restricting access to your devices and all activity under your account. Notify us immediately of suspected unauthorized access. We may reject, suspend or terminate accounts, limit purchases, require identity or payment verification, or cancel suspected fraudulent activity. We are not responsible for loss caused by your failure to secure an account, except to the extent required by law.

7. Product and Artwork Information

We make reasonable efforts to describe products, artwork, editions, materials, dimensions, condition, framing and availability accurately. Nevertheless, photographs, lighting, devices and screens can affect color, texture, contrast and scale. Measurements may be approximate unless expressly guaranteed. Lifestyle settings, frames, easels, mannequins, props and packaging may be illustrative and are included only when the listing says so.

Original, hand-touched, handmade, textile and limited-edition items may contain natural or process-related variations in texture, edges, embellishment, cropping, registration, stitching, finish, signature placement and numbering. Reasonable variations are characteristics of the work and not defects. Edition numbers are assigned according to inventory unless a particular number is confirmed in writing before purchase.

Titles, descriptions, curatorial commentary, artist statements, historical context and interpretive material express artistic or curatorial judgment. They are not guarantees that every viewer will interpret a work in the same way.

8. No Investment, Appraisal or Professional Advice

Artwork and collectibles should be purchased for their artistic, personal or cultural value. Unless a separate signed appraisal expressly states otherwise, Site content and Gallery communications are not appraisals, securities offerings, investment advice, tax advice, legal advice or guarantees of authenticity beyond an applicable written certificate. No Gallery Party promises appreciation, resale value, liquidity, market demand, tax treatment or a future secondary market. Past prices, estimates, editorial valuations and comparisons do not guarantee future value.

9. Orders and Contract Formation

Submitting an order is an offer to purchase. An automated acknowledgment confirms receipt, not acceptance. The Gallery may accept or reject an order, impose quantity limits, request verification, correct an obvious error or cancel before fulfillment. Acceptance occurs when the Gallery sends an express acceptance, ships the item, delivers digital access or otherwise begins performance, whichever occurs first.

Products are subject to availability. An item appearing on the Site may have been sold through another channel. If we cannot fulfill an accepted order, we will provide the remedy required by law. We may refuse orders involving suspected resale abuse, fraud, payment risk, prohibited destinations, unauthorized discounts or attempts to circumvent purchase limits.

10. Prices, Taxes and Payment

Prices are stated in U.S. dollars unless indicated otherwise and may change before order acceptance. Taxes, shipping, insurance, duties, customs charges and other fees may be added. You are responsible for charges imposed by your jurisdiction except taxes imposed on the Gallery’s net income.

You authorize the Gallery and its payment providers to charge the selected payment method for the total shown at checkout or on an accepted invoice. You represent that you are authorized to use that method. The Gallery may correct typographical, technical or pricing errors. If an accepted order contains a material pricing error, we may cancel and refund amounts paid or offer the corrected price before fulfillment.

11. Final Sales; Refunds, Returns and Cancellations

ALL SALES ARE FINAL. NO REFUNDS, RETURNS, EXCHANGES, PRICE ADJUSTMENTS OR CANCELLATIONS ARE PROVIDED EXCEPT AS EXPRESSLY STATED IN THE GALLERY’S REFUND POLICY OR REQUIRED BY APPLICABLE LAW.

The Refund, Return, Exchange and Cancellation Policy is incorporated into these Terms. It applies to original and limited-edition art, hand-touched works, prints, scarves, apparel, stationery, albums, digital products, commissions, custom goods, appointments, programs and event tickets. Review it before purchase. Nothing in these Terms permits retention of payment when a refund is legally required, including qualifying nondelivery or shipment-delay circumstances.

12. Shipping, Delivery and Risk

Shipping and delivery are governed by the Shipping Policy and any order-specific terms. Production and delivery dates are estimates unless expressly guaranteed in writing. You must provide a complete, accurate address and cooperate with signature, inspection, customs and carrier requirements. Refused, unclaimed or incorrectly addressed shipments are not automatically canceled. Additional storage, return and redelivery costs may apply.

Inspect deliveries promptly. Preserve the item, carton, labels and all packaging, and report visible or concealed shipping damage within the period stated in the Refund Policy. Risk of loss, carrier claims and remedies are allocated as provided by applicable law and the Shipping Policy.

13. Gift Cards, Promotions and Credits

Gift cards, gift certificates and promotional credits are nonrefundable and not redeemable for cash except where required by law. They may not be resold, transferred for value, used to buy another stored-value product or applied retroactively. Promotional codes must be used when the order is placed, may have additional conditions, and may be withdrawn for misuse. Complimentary and giveaway items have no refundable cash value.

14. Events, Appointments, Salons and Programs

Registration and attendance may be subject to additional rules concerning timing, conduct, photography, recording, accessibility, alcohol service and venue requirements. Unless stated otherwise, fees are nonrefundable, missed attendance is forfeited, and rescheduling is subject to availability. If the Gallery cancels a paid event and offers no replacement or comparable alternative, the Gallery will provide the remedy required by law. Incidental travel, lodging, parking and third-party costs are not reimbursable.

The Gallery may remove or deny admission to anyone engaging in unsafe, unlawful, abusive, disruptive, harassing, infringing or unauthorized commercial conduct. Removal for cause does not create a right to a refund.

15. Ownership of Physical Artwork Is Separate from Intellectual Property

PURCHASING AN ORIGINAL, PRINT, LIMITED EDITION, WEARABLE, PRODUCT OR OTHER PHYSICAL OBJECT TRANSFERS OWNERSHIP OF THAT PARTICULAR OBJECT ONLY. IT DOES NOT TRANSFER COPYRIGHT, TRADEMARK, PUBLICITY, REPRODUCTION, ADAPTATION, LICENSING, MERCHANDISING, DIGITAL OR OTHER INTELLECTUAL-PROPERTY RIGHTS.

All copyrights and other intellectual-property rights remain with the applicable rightsholder unless transferred by a separate written instrument signed by that rightsholder and expressly identifying the rights transferred. A receipt, invoice, certificate of authenticity, signature, edition number or delivery of a high-resolution file does not, by itself, transfer intellectual-property rights.

A lawful owner may privately possess, display, insure, appraise and resell the purchased physical object as permitted by law. Solely for collection documentation, insurance, appraisal or a bona fide resale listing, the owner may make reasonable, accurate, low-resolution photographs of the object, provided the images are not separately sold, licensed, merchandised, used to create reproductions, presented as Gallery-authorized marketing, stripped of attribution or used to train or operate artificial intelligence. Any other reproduction or commercial use requires prior written permission from the applicable rights holder.

16. Gallery Intellectual Property

The Site and all materials made available through it—including artworks and details; photographs; scans; graphics; prints; textile designs; product designs; layouts; packaging; logos; icons; color arrangements; videos; films; animations; audio; music; recordings; compositions; spoken-word material; text; titles; collection names; descriptions; artist statements; stories; interviews; programs; event concepts; curricula; methods; databases; selection and arrangement; code; interfaces; and other creative or proprietary material (collectively, “Gallery Content”)—are owned, controlled or lawfully licensed by one or more Gallery Parties and are protected by applicable copyright, trademark, trade dress, unfair-competition, contract and other laws.

Gallery Content includes content associated with The Distelheim Gallery, The Distelheim Gallery Shop, Jefferey Cornett and Lisa Distelheim Barron, together with content later acquired, commissioned, licensed, transferred or assigned to any Gallery Party. These Terms protect each applicable rights holder and that rights holder’s licensees, successors and assigns; they do not alter ownership among the Gallery Parties.

Except for the limited Site-use license expressly granted above, all rights are reserved. No use of the Site or purchase grants any right to reproduce, adapt, distribute, publicly display, publicly perform, transmit, publish, license, sell, merchandise, tokenize, create derivative works from or otherwise exploit Gallery Content.

17. Trademarks, Trade Names and Brand Features

The Distelheim Gallery, The Distelheim Gallery Shop, applicable logos, stylized names, signatures, slogans, collection names, campaign names, product-source identifiers, trade dress and other brand features are trademarks, service marks, trade names or protectable source identifiers of the applicable Gallery Party to the extent recognized by law (“Gallery Marks”).

You may not use any Gallery Mark, or a confusingly similar name, domain, social handle, keyword, metatag, logo, design or identifier, without prior written permission. Prohibited uses include suggesting sponsorship, endorsement, affiliation, authorship or authorization; registering domains or accounts; bidding on marks as advertising keywords where unlawful or misleading; selling counterfeit or unauthorized goods; and using Gallery Marks in a manner likely to confuse, dilute, tarnish or misrepresent.

18. Names, Signatures, Voices, Images, Likenesses and Biographical Rights

The names, professional identities, signatures, handwriting, voices, photographs, portraits, images, likenesses, gestures, personal stories, biographies, interviews and other identifying attributes of Jefferey Cornett, Lisa Distelheim Barron and other Gallery Parties are protected by applicable publicity, privacy, trademark, copyright, contract and unfair-competition rights.

Without prior written consent from the applicable individual or authorized rightsholder, you may not use any such identity for advertising, promotion, fundraising, merchandising, endorsement, impersonation or another commercial purpose. You may not create or distribute a voice clone, avatar, deepfake, synthetic performance, digital replica or other AI-generated or technologically simulated depiction that a reasonable person could believe is or is authorized by Jefferey Cornett, Lisa Distelheim Barron or another Gallery Party.

19. Prohibited Copying, Commercial Exploitation and Circumvention

Unless expressly authorized in a signed writing, you may not:

Copy, download, capture, reproduce, modify, translate, adapt, publish, distribute, transmit, display, perform, license, sell or create derivative works from Gallery Content;
Use Gallery Content on products, apparel, prints, stationery, packaging, advertisements, websites, social media, video, film, television, exhibitions, décor, presentations, publications or promotional materials;
Remove, crop, obscure or alter a signature, watermark, copyright notice, attribution, edition number, metadata, embedded identifier, security feature or other rights-management information;
Circumvent access controls, download restrictions, bot protections, paywalls, watermarks or technological measures;
Frame, mirror, republish or create a substitute or confusingly similar version of the Site;
Use Gallery Content to create counterfeit, unauthorized, deceptively similar or passing-off goods or services; or
Claim ownership, authorship, endorsement or affiliation that has not been granted in writing.

20. Artificial Intelligence, Machine Learning, Scraping and Data Mining

NO GALLERY CONTENT MAY BE SCRAPED, HARVESTED, INGESTED OR USED TO TRAIN, FINE-TUNE, GROUND, TEST, BENCHMARK OR OPERATE AN ARTIFICIAL-INTELLIGENCE OR MACHINE-LEARNING SYSTEM WITHOUT A SPECIFIC WRITTEN LICENSE.

Without prior written authorization, you may not, directly or through another person or system:

Use bots, crawlers, spiders, scripts, browser automation, computer vision, bulk downloaders or similar methods to access, copy, index or extract Site data or Gallery Content beyond ordinary human browsing;
Place Gallery Content in a training set, evaluation set, benchmark, model, embedding, vector database, retrieval system, prompt library, asset library, dataset or synthetic-data workflow;
Use Gallery Content to train, fine-tune, ground, condition, test, evaluate, benchmark or improve generative AI, machine learning, computer vision, multimodal, speech, music or other automated systems;
Use Gallery Content or references to a Gallery Party to generate outputs intended to imitate, substitute for, compete with, counterfeit, misattribute or falsely imply authorization by the Gallery, Jefferey Cornett, Lisa Distelheim Barron or another rightsholder;
Create synthetic variations, style-transfer outputs, replicas, derivative designs, voice clones, avatars or digital replicas from Gallery Content or protected identities; or
Use an automated system to make high-volume requests, test Site defenses, compile commercial intelligence or evade technical restrictions.
All rights to authorize text and data mining are expressly reserved, including any opt-out or rights-reservation mechanism recognized in any jurisdiction. Machine-readable permissions, robots directives, metadata or headers supplement these Terms; silence or technical accessibility is not consent.

21. Copyright and Rights-Management Information

Copyright notices, artist names, titles, signatures, watermarks, credits, source information, ownership information, terms of use, edition data and embedded metadata may constitute copyright-management or rights-management information. You may not knowingly remove or alter such information, distribute material knowing it was removed or altered without authority, or supply false ownership or attribution information in connection with Gallery Content.

22. Permissions and Licensing Requests

Any permission or license must be express, written and signed by the applicable rightsholder or an authorized representative. Requests should identify the exact work or content, proposed use, media, territory, duration, audience, production quantity, resolution and commercial context. Silence, prior tolerance, social-media sharing tools, press access, a purchase, attribution or credit does not grant permission.

Contact: [INSERT RIGHTS AND LICENSING EMAIL].

23. Editorial, Press, Social and Linking Uses

You may share an unaltered link to a publicly available Site page for lawful, nonmisleading, noncommercial reference. You may not use a thumbnail, image, quote, logo, preview card or other Gallery Content beyond what applicable law permits or the Gallery expressly authorizes. Press credentials, interviews and event attendance do not create a blanket content license. Any authorized editorial use must include the credit and link specified by the Gallery and must not imply endorsement.

24. User Submissions, Reviews and Uploaded Content

If the Site allows you to submit a review, comment, photograph, testimonial, message or other material (“User Content”), you retain rights you lawfully own. You grant the Gallery Parties a worldwide, nonexclusive, royalty-free, fully paid, transferable and sub licensable license to host, store, reproduce, adapt for formatting and accessibility, publish, display, distribute and use that User Content to operate, improve, document and promote the Gallery, Site, products and events in any media, subject to the Privacy Policy and applicable law. This license continues for uses already produced or distributed even if the original submission is later removed.

You represent that you own or have all permissions necessary for the User Content; it is accurate as to your experience; it does not infringe intellectual-property, privacy, publicity or other rights; and it is not unlawful, defamatory, deceptive, threatening, obscene, malicious or contaminated by harmful code. If your submission includes a person’s name, image, voice, likeness or testimonial, you represent that you have authorization for the licensed use.

The Gallery may monitor, edit, refuse or remove User Content but is not obligated to do so. User Content reflects the submitter’s views, not necessarily the views of any Gallery Party.

25. Unsolicited Ideas and Feedback

Do not send confidential creative concepts, artwork, product ideas, campaign ideas, business plans, names or other proprietary proposals unless the Gallery first agrees in writing to review them confidentially. Unsolicited material is not received in confidence, creates no fiduciary or compensation obligation, and does not restrict the Gallery from using independently developed or otherwise lawfully obtained ideas. Feedback about the Site may be used without restriction or compensation. This section does not transfer copyright ownership in an unsolicited artwork.

26. Copyright Complaints and DMCA Notices

If you believe material on the Site infringes a copyright you own or control, send a written notice containing the information required by 17 U.S.C. § 512(c)(3), including: an authorized signature; identification of the protected work; identification and location of the challenged material; your contact information; a good-faith statement that the use is not authorized; and a statement, under penalty of perjury, that the notice is accurate and you are authorized to act.

Copyright/DMCA Contact: [INSERT NAME OR TITLE OF AGENT], The Distelheim Gallery, LLC, [INSERT PHYSICAL MAILING ADDRESS], [INSERT TELEPHONE], [INSERT DMCA EMAIL]. A knowingly false claim may create liability. If the Gallery permits users to store or post content and seeks the safe-harbor protections of 17 U.S.C. § 512, the Gallery will maintain any required Copyright Office designation and repeat-infringer policy.

27. Prohibited Conduct

You may not use the Site to:

Violate law, regulation, sanctions, court order or another person’s rights;
Commit fraud, impersonate, misrepresent affiliation or submit false payment, identity or order information;
Harass, threaten, stalk, exploit, defame or discriminate against another person;
Upload malware, disable features, overload infrastructure, probe vulnerabilities or interfere with security;
Gain unauthorized access to accounts, systems, data or nonpublic areas;
Collect personal information about others without authorization;
Send spam, chain messages, unauthorized advertising or commercial solicitations;
Manipulate reviews, promotions, edition limits, pricing, inventory or checkout;
Resell Site access, digital products or event credentials contrary to their terms; or
Assist, induce or enable another person to do any prohibited act.

28. Privacy and Electronic Communications

The Privacy Policy explains how personal information is collected, used and disclosed and is incorporated into these Terms. By using the Site, you consent to transactional communications concerning accounts, orders, delivery, security, policy changes and customer service.

Marketing communications are subject to applicable consent and opt-out rights.

You agree that electronic records, signatures, click-through acceptance, notices and communications satisfy legal writing and signature requirements to the extent permitted by law. Keep copies of transaction documents for your records.

29. Third-Party Services and Links

The Site may use or link to payment processors, carriers, social platforms, video hosts, appointment services, maps and other third parties. Their terms and privacy practices apply to their services. A link or integration does not imply endorsement or control. The Gallery is not responsible for third-party content, availability, security or conduct, except to the extent responsibility cannot be excluded by law.

30. Accessibility

The Gallery seeks to provide an accessible experience. If you encounter an access barrier or need information in an alternative format, contact [INSERT ACCESSIBILITY EMAIL OR TELEPHONE] and identify the page, feature and requested assistance. Accessibility requests do not authorize copying or reuse of Gallery Content beyond the accommodation provided.

31. Site Availability and Security

We do not guarantee uninterrupted, error-free or completely secure operation. Maintenance, outages, device incompatibility, carrier failures, cyber incidents and events outside our control may affect access. You are responsible for maintaining appropriate devices, software, backups and security. We may investigate suspected violations and preserve or disclose information when reasonably necessary to operate the Site, protect rights and safety, prevent fraud or comply with law.

32. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, GALLERY CONTENT AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE GALLERY PARTIES DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, SECURITY AND COURSE OF DEALING.

The Gallery Parties do not warrant that the Site will be uninterrupted or error free; that content is complete or current; that defects will be corrected; or that the Site is free of harmful components. This disclaimer does not negate an express written authenticity statement in a signed certificate, a written product commitment expressly accepted by the Gallery, or a warranty or remedy that cannot lawfully be excluded. Some jurisdictions do not allow certain disclaimers, so some may not apply to you.

33. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NO GALLERY PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES; LOST PROFITS, REVENUE, DATA, OPPORTUNITY, GOODWILL OR EXPECTED APPRECIATION; OR DAMAGES ARISING FROM SITE INTERRUPTION, THIRD-PARTY SERVICES, UNAUTHORIZED ACCESS, USER CONDUCT OR RELIANCE ON CONTENT, EVEN IF ADVISED OF THE POSSIBILITY.

To the maximum extent permitted by law, the aggregate liability of all Gallery Parties for claims arising from or relating to the Site, these Terms or a transaction will not exceed the greater of (a) the amount you paid directly to the Gallery for the specific product or service giving rise to the claim or (b) one hundred U.S. dollars. The limitation is cumulative, not per claim.

These limitations do not apply to liability that cannot be limited or excluded, including where applicable liability for fraud, willful misconduct, gross negligence, personal injury caused by legally actionable conduct, or non waivable consumer rights. Each Gallery Party may invoke these protections individually.

34. Indemnification

To the extent permitted by law, you will defend, indemnify and hold harmless the Gallery Parties from third-party claims, liabilities, judgments, damages, losses, penalties, costs and reasonable attorneys’ fees arising from your User Content; your commercial or infringing use of Gallery Content, Gallery Marks or protected identities; your violation of these Terms or law; your fraud or willful misconduct; or your violation of another person’s rights. The Gallery may control the defense of a covered matter, and you may not settle in a way that admits fault by or imposes an obligation on a Gallery Party without written consent. This section does not require a consumer to indemnify a Gallery Party for that Gallery Party’s own legally actionable conduct.

35. Release for Interactions with Other Users and Attendees

To the maximum extent permitted by law, you are responsible for your voluntary interactions with other users, collectors, vendors, speakers and event attendees. You release the Gallery Parties from claims arising solely from another participant’s independent conduct, except to the extent caused by a Gallery Party’s legally actionable conduct or otherwise non waivable.

36. Force Majeure

No Gallery Party is liable for delay or failure caused by events beyond reasonable control, including natural disaster, severe weather, fire, flood, epidemic, war, terrorism, civil disorder, labor dispute, government action, embargo, carrier or supplier failure, utility or internet outage, cyberattack, venue closure, material shortage or illness. Performance time is extended for the affected period. This section does not excuse refunds or other remedies required by applicable law.

37. Suspension and Termination

We may suspend or terminate Site access, accounts, licenses, orders not yet accepted or participation in Gallery services for violation of these Terms, suspected fraud, security risk, infringement, abuse or legal necessity. Upon termination, your Site-use license ends immediately. Provisions that by their nature should survive—including ownership, intellectual-property restrictions, payment obligations, disclaimers, limitations, indemnification, dispute terms and enforcement rights—survive.

38. Governing Law and Exclusive Venue

These Terms and disputes arising from or relating to them, the Site or a Gallery transaction are governed by the laws of the State of Illinois, without regard to conflict-of-laws principles, except that the Federal Arbitration Act does not apply because these Terms do not require arbitration. Federal law governs federal claims.

Subject to any nonwaivable right to bring an eligible claim in another forum, the state courts located in Cook County, Illinois, and the United States District Court for the Northern District of Illinois have exclusive jurisdiction and venue. You and the Gallery consent to personal jurisdiction there. A Gallery Party may seek temporary, preliminary or permanent injunctive relief in any court with jurisdiction to prevent actual or threatened infringement, misuse of identity, counterfeiting, security breach or unauthorized access.

39. Individual Claims; Class-Action and Jury-Trial Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND THE GALLERY AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE OR PRIVATE-ATTORNEY-GENERAL ACTION. YOU AND THE GALLERY EACH KNOWINGLY AND VOLUNTARILY WAIVE TRIAL BY JURY.

If a court determines that a particular claim cannot lawfully be subject to the individual-claims requirement or jury waiver, that determination applies only to that claim and only to the minimum extent required. Nothing in this section prevents an individual from bringing an eligible matter in small-claims court.

40. Notices and Good-Faith Resolution

Before filing a non-urgent dispute, the complaining party should send written notice describing the facts, legal basis and requested resolution and allow thirty days for a good-faith response. This informal process does not prevent timely requests for emergency injunctive relief or extend a limitations period. Legal notices to the Gallery must be sent to: The Distelheim Gallery, LLC, [INSERT LEGAL NOTICE MAILING ADDRESS], with a copy to [INSERT LEGAL EMAIL]. Notices to you may be sent to the account or order contact information you provided.

41. International Use, Export and Sanctions

The Site is operated from the United States. We do not represent that it is appropriate or lawful everywhere. You are responsible for local law, import restrictions, duties and customs requirements. You may not use the Site or purchase, export, reexport or transfer products in violation of U.S. export controls, sanctions or embargoes. We may refuse prohibited destinations or parties. Mandatory local consumer rights apply only to the extent they cannot lawfully be waived.

42. Assignment and Successors

You may not assign or transfer these Terms, an account, a limited Site license, a digital-content license, an event credential or rights under an order without prior written consent. Any prohibited assignment is void to the extent permitted by law. The Gallery may assign these Terms and related rights or obligations to an affiliate, successor, purchaser, financing party, licensee or other assign in connection with reorganization, estate planning, intellectual-property administration, financing, merger, sale of assets or operation of the Gallery.

All protections, reservations, licenses, releases, limitations and remedies benefiting a Gallery Party also benefit that party’s estate, trust, personal representative, entity, successor, licensee and assign. The Gallery Parties are intended third-party beneficiaries of provisions that expressly or by their nature protect them and may enforce those provisions directly.

43. Severability, Waiver and Interpretation

If a provision is held invalid or unenforceable, it will be enforced to the maximum lawful extent or severed, and the remainder remains effective. Failure to enforce a provision is not a waiver. A waiver must be written and applies only to the stated instance. “Including” means “including without limitation”; headings are for convenience; and singular and plural include each other as context requires. These Terms will not be construed against a party merely because that party drafted them.

44. Entire Agreement

These Terms, incorporated policies and applicable transaction-specific writings constitute the entire agreement concerning the Site and covered transaction and supersede prior or contemporaneous communications on that subject. An oral statement does not amend them. A modification for a specific transaction must be in a writing issued or signed by an authorized Gallery representative.

45. Contact Information

Questions about these Terms may be directed to:

Legal entity

The Distelheim Gallery, LLC

Trade names

The Distelheim Gallery; The Distelheim Gallery Shop

Mailing address

[INSERT BUSINESS MAILING ADDRESS]

General email

[INSERT CUSTOMER SERVICE EMAIL]

Legal/IP email

[INSERT LEGAL OR RIGHTS EMAIL]

Telephone

[INSERT BUSINESS TELEPHONE NUMBER]