Terms Of Use


Last Updated March 2026.

Thank you for visiting my website ("www.americamartin.com"). I hope you enjoy viewing my artwork and exploring the content I've created to share my creative practice with you.

Please review these Terms of Use carefully. By accessing this Website, you are agreeing to these terms and acknowledging that you've had reasonable access to review them prior to continued use. This Agreement is binding as of the date you access the Website.


GENERAL PURPOSE

These Terms of Use ("Terms" or "Agreement") govern how you may access and use this Website. These Terms are between you ("you," "your," "visitor") and America Martin ("Artist," "I," "me," "my").

By accessing this Website, you are agreeing to these Terms and my Privacy Policy, which is incorporated by reference. If you do not wish to agree to these Terms or are not legally able to form a binding contract, you must immediately stop using this Website.


AGE LIMITATIONS

This Website is offered to users who are at least 18 years old. If you are not at least 18 years old, you are not permitted to use this Website. By continuing to use this Website, you represent that you meet the minimum age requirements to form a binding contract in your jurisdiction.


CHANGING TERMS

I reserve the right to update and revise these Terms at any time. The date these Terms were last updated is noted at the top of this Agreement. Your continued use of the Website after updates have been made indicates your acceptance and agreement to the changes.


WEBSITE CHANGES & ACCESS

As my artistic practice evolves, this Website and its contents will change with it. I reserve the right to delete, withdraw, or edit this Website (and any content or materials provided on it) at any time. I am not liable to you if the Website or any part of it is unavailable—for example, during maintenance, updates, or technical issues.

If you are prompted to provide registration information or other details to access the Website or any part of it, you warrant that the information you provide is correct and current.


PRIVACY

I respect your privacy and am committed to protecting it. Please review my Privacy Policy to understand how I collect, use, and protect your personal information, including details about cookies, analytics, email communications, and your privacy rights. If you are a California resident, my Privacy Policy also describes your rights under the California Consumer Privacy Act (CCPA), including your rights to access, delete, and opt out of the sale of your personal information. By continuing to use this Website, you agree to my Privacy Policy.


INTELLECTUAL PROPERTY

All content on this Website—including artwork images, photographs, text, graphics, logos, designs, and other creative materials—is my exclusive intellectual property unless otherwise noted.

All intellectual property rights, including but not limited to:

  • Copyright in original artwork

  • Trademarks and brand elements

  • Trade secrets and proprietary information

  • Photographic reproductions of artwork

...are owned by me and protected under U.S. Copyright Law and international treaties.

You are granted permission to:

  • View content on this Website for personal, non-commercial use

  • Allow your computer to incidentally cache copies of content for ease of access

You may NOT:

  • Reproduce, modify, distribute, or publicly display any content from this Website

  • Download or scrape images or text for any purpose, including AI training, data collection, or commercial use

  • Use my trademarks, brand name, logo, or other distinctive marks without written permission

  • Create derivative works or merchandise based on my artwork

  • Use artwork images for NFTs, cryptocurrency, or blockchain-based projects without explicit written consent

For detailed copyright information about my artwork, please see my Copyright Policy.


LINKING TO WEBSITE & SOCIAL MEDIA

You may link to this Website under the following conditions:

If you are linking as a credited source for an article, blog, or press feature, you must include a direct link to this Website in the cited material

  • No content from this Website should be copied in its entirety without express written permission

  • All links must make clear that you do not have any association, endorsement, or partnership with me (unless you have a separate written agreement)

  • You should only link from a website or social media account that you own and that complies with the content guidelines in this Agreement

  • You agree to immediately remove any and all links at my request


RESTRICTED USES

To maintain a safe and respectful online environment, the following uses of this Website are prohibited:

You may not use this Website:

  • In violation of any local, state, federal, or international laws

  • For any discriminatory, harassing, or hateful purpose

  • To transmit spam, phishing attempts, or malicious code

  • To impersonate me or misrepresent your affiliation with me

  • To scrape, crawl, or use automated bots to access content

  • To interfere with the Website's operation, including through viruses, malware, or cyber attacks

  • To bypass or hack authentication processes or gain unauthorized access


CONTACT FORM SUBMISSIONS

If you contact me through the contact form on this Website:

You understand that your message is not confidential

  • I may use your inquiry and response for customer service purposes

  • I am not obligated to respond to every inquiry

  • You are solely responsible for the content of your message

  • You will not send spam, promotional content, or inappropriate material


DOWNLOADABLE DOCUMENTS

This Website provides downloadable documents including my CV (curriculum vitae) and Bio (biography) for your personal reference and professional use.

Permitted Uses:

  • You may download, print, and share these documents for legitimate professional purposes, including:

    • Gallery submissions and exhibition proposals

    • Press and media inquiries

    • Academic research and citation

    • Curatorial review

    • Private collection documentation

Restrictions:

  • You may not alter, modify, or edit the content of these documents in any way

  • You may not republish these documents on other websites without permission

  • You may not use information from these documents for commercial purposes unrelated to my artwork

  • You must maintain proper attribution to me as the author/subject

If you wish to publish excerpts from my CVor Bio in print or online publications, please contact me for permission.


BLOG & EXTERNAL LINKS

My blog may contain articles, commentary, and links to third-party websites, including but not limited to:

  • Gallery websites

  • Museum collections

  • Art publications and journals

  • Social media platforms

  • Artist collaborators

  • Supply vendors and art resources

  • Interior Design / Designer sites

  • Magazines

  • Exhibition venues

  • Press features and reviews

Important Disclaimers:

  • I have no control over the content, accuracy, or availability of external websites

  • I am not responsible for the content, privacy practices, or terms of use of linked websites

  • Links do not imply endorsement, sponsorship, or affiliation unless explicitly stated

  • I am not liable for any damages or losses resulting from your use of external websites

  • External websites may have their own terms of use and privacy policies that govern your use

Blog Content: All blog posts, articles, and written content are my original work unless otherwise cited. You may share blog posts on social media with proper attribution and using the share buttons provided, but you may not republish entire blog posts without written permission.


WEBSITE DISCLAIMER

The information provided by AMERICA MARTIN ("we," "us," or "our") on https://www.americamartin.com (the "Site") is for general informational purposes only. All information on the Site is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information on the Site. UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE. YOUR USE OF THE SITE AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE IS SOLELY AT YOUR OWN RISK.


NO WARRANTIES

This Website and all content are provided on an "as-is" basis without warranties of any kind, whether express or implied, including but not limited to:

  • Merchantability

  • Fitness for a particular purpose

  • Non-infringement

  • Accuracy or reliability of information

  • Freedom from viruses or harmful code

I make no guarantees regarding specific results, financial gains, or outcomes from using this Website or implementing any information found here.


LIMITATION OF LIABILITY

To the fullest extent permitted by law, I am not liable for any damages arising from your use of this Website, including but not limited to:

  • Direct, indirect, incidental, or consequential damages

  • Loss of profits, data, or business opportunities

  • Damages resulting from negligence


INDEMNIFICATION

You agree to defend, indemnify, and hold me harmless from any claims, damages, losses, or expenses (including reasonable attorney fees) arising out of:

  • Your use of this Website

  • Your violation of these Terms

  • Your violation of any third-party rights


DISPUTE RESOLUTION

Informal Resolution: If a dispute arises, please contact me first to attempt to resolve it informally.

info@americamartin.com

Binding Arbitration: If we cannot resolve the dispute informally, any claims will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will be held in Los Angeles, CA. Both parties will share equally in the costs of arbitration.

Class Action Waiver: You agree to resolve disputes on an individual basis and waive any right to participate in a class action lawsuit.


EXTERNAL LINKS DISCLAIMER

The Site may contain (or you may be sent through the Site) links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability, or completeness by us. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES


PROFESSIONAL DISCLAIMER

The Site cannot and does not contain fine artist advice. The fine artist information is provided for general informational and educational purposes only and is not a substitute for professional advice. Accordingly, before taking any actions based upon such information, we encourage you to consult with the appropriate professionals.

We do not provide any kind of advice. THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THE SITE IS SOLELY AT YOUR OWN RISK.


CHOICE OF LAW

This Agreement is governed by the laws of the State of California, without regard to conflict of law principles. Any disputes will be subject to the exclusive jurisdiction of the courts in California.


SEVERABILITY

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.


NO WAIVER

My failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Any waiver must be in writing and signed by me.


ASSIGNMENT

You may not transfer or assign your rights under this Agreement without my written consent. I may assign my rights and obligations under this Agreement at any time.


NOTICES

I may provide notice to you by:

  • Sending a message to the email address you provided

  • Posting notice on the Website

You may provide notice to me at:

America Martin
304 N Occidental Blvd.
Los Angeles, CA 90026
Email: info@americamartin.com

All legal notices must be sent by certified mail to the address above.


ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and me regarding use of this Website and supersede all prior agreements or understandings.


RELATED POLICIES

Please also review:


CONTACT

For questions about these Terms of Use, please contact me at:

Email: info@americamartin.com

Thank you for taking the time to review these Terms. I hope you enjoy exploring my work.


© AMERICA MARTIN 2026. All Rights Reserved.