Terms of Use | Janet Francoeur Fine Art & Pottery

Effective date: September 5, 2026

These Terms of Use (the “Terms”) apply to your use of JanetFrancoeurFineArt.com and any related pages, features, content, and online shop (collectively, the “Website”). The Website is operated by artist Jan Francoeur under the name Janet Francoeur Fine Art & Pottery (“Jan,” “we,” “us,” or “our”).

Please read these Terms before using the Website or placing an order. By accessing or using the Website, you agree to these Terms. If you do not agree, please do not use the Website.

1. About the Website

The Website features Jan’s paintings, pottery, prints, photographs, travel stories, blog posts, and other creative work. It may also allow visitors to purchase artwork and other products, leave comments, submit information through forms, or follow links to third-party websites.

We may update, change, suspend, or discontinue any part of the Website at any time. We do not guarantee that every feature, product, or piece of content will always be available.

2. Intellectual Property and Ownership

Unless otherwise stated, the Website and its contents are owned by Jan or used with permission. This includes:

original paintings, pottery designs, prints, and other artwork;
photographs and images, including travel, studio, process, artwork, and product photographs;
blog posts, travel stories, descriptions, captions, and other written material;
logos, graphics, page designs, and other creative elements; and
digital files and downloadable materials.

These materials are protected by copyright, trademark, and other applicable laws. All rights not expressly granted in these Terms are reserved.

Purchasing an original work, print, piece of pottery, or other product transfers ownership of that physical item only. It does not transfer the copyright or any right to reproduce, publish, distribute, adapt, license, create merchandise from, or otherwise commercially use the artwork, design, or image of the item.

Automated Scraping and Artificial Intelligence

Except for ordinary indexing by legitimate search engines, you may not use automated tools to scrape, extract, download, collect, or reproduce substantial portions of the Site or its content without prior written permission.

You may not use Janet Francoeur’s artwork, images, writing, or other creative content to train, develop, test, or improve an artificial-intelligence or machine-learning system; create a dataset; generate imitations or derivative content; or simulate his artistic style, voice, likeness, or identity without prior written permission, except where such permission is not required by applicable law.

3. Limited Personal Use

You may view and use the Website for lawful, personal, noncommercial purposes. You may also share a link to a Website page or use a sharing feature provided on the Website, as long as the share is accurate, properly attributes Jan, and does not suggest sponsorship or endorsement.

Except as permitted by law or with Jan’s prior written permission, you may not:

copy, download, screenshot, reproduce, republish, upload, post, transmit, distribute, sell, license, or commercially exploit Website content;
use photographs or images from the Website on another website, social-media account, product, advertisement, publication, presentation, or promotional material;
crop, remove watermarks or notices from, recolor, alter, or create derivative works from Jan’s artwork, photography, or other content;
use any artwork, image, design, photograph, writing, or other Website content to create prints, merchandise, digital products, non-fungible tokens (NFTs), or other items;
use Website content to train, develop, test, enhance, or provide input to an artificial-intelligence or machine-learning system, dataset, image generator, or similar technology;
use scraping, crawling, data-mining, image-extraction, automated downloading, or similar tools to collect Website content; or
falsely represent that any Website content is yours or that Jan endorses, sponsors, or is affiliated with you.

Standard search engines may access publicly available pages solely to create ordinary search listings, subject to our technical instructions. Nothing in these Terms restricts rights that cannot lawfully be restricted, including any use permitted by applicable law.

To request permission to reproduce or license Jan’s artwork, writing, or photography, please use the contact form.

4. Product Images, Descriptions, and Handmade Variations

We make reasonable efforts to describe and photograph each item accurately. However:

colors may appear differently depending on lighting, photography, screen settings, and the device used to view the Website;
measurements are approximate unless expressly stated otherwise;
frames, display props, and surrounding objects shown in photographs are not included unless the product description says they are;
handmade and hand-painted pieces may have natural variations in color, glaze, texture, shape, brushwork, and dimensions; and
minor variations and characteristics of the artistic process are not necessarily defects.

Please read the complete product description before purchasing. Pottery should be used and cared for only as described with the item or in any instructions provided with it. Unless a listing expressly identifies a piece as suitable for a particular use, do not assume that it is food-safe, dishwasher-safe, microwave-safe, oven-safe, or intended to hold food or liquids.

5. Orders, Availability, and Payment

You must be at least 18 years old, or have the permission and supervision of a parent or legal guardian, to place an order.

Submitting an order is an offer to purchase the selected item. An automated order confirmation only confirms that we received the order; it does not necessarily mean the order has been accepted. We may accept or decline an order and may contact you if additional information is needed.

Many works are original, one of a kind, or available in limited quantities. Because Jan may also sell work at galleries, shows, markets, studios, or other offline locations, an item may occasionally sell before the Website inventory is updated. If an ordered item is unavailable, we will cancel that portion of the order and refund the amount paid for it.

Prices and availability may change without notice. We may correct typographical errors, inaccurate descriptions, or obvious pricing mistakes. If a material error affects an order already placed, we will contact you and, when appropriate, offer the choice to proceed with corrected information or receive a cancellation and refund.

You agree to provide current, complete, and accurate billing, shipping, and contact information. You represent that you are authorized to use the payment method submitted with your order. Applicable taxes, shipping charges, and other charges will be shown during checkout or otherwise communicated before the sale is completed.

Orders placed or completed outside the Website may be subject to additional written terms disclosed at the time of sale.

6. Shipping, Returns, and Damaged Orders

Shipping availability, charges, and estimates may vary by product and destination and will be stated on the product page, during checkout, or in direct communications about the order. Delivery dates are estimates unless we expressly state otherwise. If we cannot ship within the stated time, or within the time otherwise required by applicable law, we will provide any notice, cancellation option, or refund required by law.

Our Returns & Refunds Policy is incorporated into these Terms. Please review it before making a purchase. If an item arrives damaged or an order is incorrect, contact us promptly and retain the item and all packaging so that we can evaluate the issue and, if appropriate, pursue a carrier claim.

Nothing in these Terms limits any consumer right or remedy that cannot legally be waived.

7. Blog and Travel Content

Jan’s blog posts, travel stories, recommendations, opinions, and other editorial content reflect personal experiences and information believed to be accurate when published. Places, prices, hours, routes, rules, accessibility, safety conditions, and other details can change.

This content is provided for general information and enjoyment and is not professional travel, legal, medical, financial, safety, or other advice. Before making plans or decisions, confirm important information directly with the relevant business, venue, transportation provider, government agency, or other authoritative source. You are responsible for your own travel choices, preparation, safety, and compliance with applicable laws and rules.

8. Comments, Messages, and Other Submissions

The Website may allow you to leave comments, send messages, submit reviews, or provide other content (“User Content”). You retain ownership of your User Content.

By submitting User Content for public display, you grant us a nonexclusive, worldwide, royalty-free license to host, store, reproduce, format, and display it as reasonably necessary to operate and promote the Website and the page or discussion to which you submitted it. This license ends when the User Content is deleted from our active systems, except for reasonable backup retention and material already lawfully shared before deletion.

You represent that you own or have permission to submit your User Content and that it does not violate another person’s copyright, privacy, publicity, trademark, or other rights. Do not submit confidential information through a public comment area.

We may moderate, edit, refuse, or remove User Content that we believe is unlawful, infringing, abusive, deceptive, promotional, irrelevant, invasive of privacy, harmful, or otherwise inappropriate. We are not obligated to publish or retain any submission.

Messages, questions, ideas, or other materials sent privately through the contact form will be handled in accordance with our Privacy Policy. Unless we separately agree in writing, sending an unsolicited creative idea or proposal does not create a confidential, fiduciary, employment, partnership, agency, or other special relationship.

9. Prohibited Conduct

You may not use the Website to:

violate any applicable law or another person’s rights;
submit false, misleading, defamatory, threatening, harassing, obscene, or unlawful material;
impersonate another person or misrepresent your identity or affiliation;
transmit malware, malicious code, or material intended to damage or disrupt the Website;
attempt to gain unauthorized access to the Website, its server, accounts, forms, payment functions, or connected systems;
interfere with the Website’s operation or place an unreasonable burden on it;
collect personal information about other visitors without authorization;
send spam, unauthorized advertising, or solicitations through the Website; or
use the Website in connection with fraud, chargeback abuse, or other deceptive conduct.

We may restrict or terminate access to the Website when we reasonably believe these Terms have been violated.

10. Third-Party Services and Links

The Website may use or link to third-party services, including payment processors, shipping carriers, social-media platforms, maps, galleries, travel resources, embedded content, and other websites. Third parties operate under their own terms and privacy practices.

We do not control and are not responsible for third-party content, availability, security, accuracy, policies, products, or services. A link or reference does not necessarily mean that Jan endorses or is affiliated with the third party. Use third-party services at your own discretion.

11. Privacy

Our Privacy Policy explains how information is collected, used, and shared in connection with the Website. By using the Website, you acknowledge that you have reviewed that policy.

12. Copyright Concerns

Jan respects the intellectual-property rights of others and expects Website visitors to do the same. If you believe material on the Website infringes your copyright, email DMCA@JanetFrancoeurFineArt.com with the subject line “Copyright Notice” and include:

your name and contact information;
identification of the copyrighted work you believe has been infringed;
the exact location or URL of the material at issue;
a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement, made under penalty of perjury, that your notice is accurate and that you are the copyright owner or authorized to act for the owner; and
your physical or electronic signature.

We may remove or disable access to material while reviewing a complaint. False claims may result in legal liability.

13. Disclaimer of Warranties

The Website and its editorial content are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim warranties concerning the Website’s availability, security, accuracy, completeness, or freedom from errors, viruses, or other harmful components.

This disclaimer does not eliminate any express promise made in a product listing, any applicable written product warranty, or any consumer protection or other right that cannot legally be disclaimed.

14. Limitation of Liability

To the fullest extent permitted by law, Jan and Janet Francoeur Fine Art & Pottery will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from your access to or use of, or inability to use, the Website or its editorial content.

To the fullest extent permitted by law, our total liability for a claim relating to a purchase will not exceed the amount you paid for the product giving rise to that claim. These limitations do not apply to liability that cannot lawfully be limited or excluded, including liability arising from fraud, willful misconduct, or gross negligence where applicable.

15. Indemnification

To the fullest extent permitted by law, you agree to indemnify and hold harmless Jan and Janet Francoeur Fine Art & Pottery from third-party claims, losses, liabilities, and reasonable costs, including reasonable attorneys’ fees, arising from your unlawful use of the Website, your material breach of these Terms, or User Content you submit that violates another person’s rights.

16. Governing Law and Venue

These Terms are governed by the laws of the State of North Carolina, without regard to conflict-of-law principles. Any legal action arising from these Terms or the Website must be brought in a state or federal court with jurisdiction in Craven County, North Carolina, and each party consents to the jurisdiction of those courts.

If the law where you live gives you consumer rights that cannot be waived or requires a different forum, those rights and requirements remain applicable.

17. Changes to These Terms

We may revise these Terms from time to time. The updated version will be posted on this page with a new effective date. Changes apply prospectively from the stated effective date. Your continued use of the Website after that date means that you accept the revised Terms.

18. General Provisions

These Terms, together with the Privacy Policy, Returns & Refunds Policy, product listing, and any additional written terms presented with a transaction, constitute the entire agreement concerning your use of the Website and applicable purchase.

If there is a conflict, transaction-specific terms control for that transaction. If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect. A failure to enforce a provision is not a waiver of the right to enforce it later.

You may not assign your rights or obligations under these Terms without our written consent. We may assign these Terms in connection with a sale, transfer, or reorganization of the business.

19. Contact

Questions about these Terms may be submitted through the contact form.