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Privacy, Copyright & Terms of Use



When you purchase something from Dawn Ness Fine Art, as part of the buying and selling process, we collect the personal information you give us such as your name, address, and email address. 

When you browse our site, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

Email marketing (if applicable): With your permission, we may send you emails about our gallery, new artwork, and other updates. 


How do you get my consent?

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent or provide you with an opportunity to say no. 

How do I withdraw my consent?

If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at



We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.



To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered, or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.


By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.


We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.


The Artist, (Dawn Ness Fine Art), rights are protected by the Federal Copyright Act of 1976 and the Federal Visual Rights Act of 1990. Purchase of a copyrighted artwork does not transfer the copyright. The copyright to produce the works in copies, to produce derivative work based on the copyrighted image, and distribute copies is retained by the Artist. Any transfer of this copyright must be in writing expressly identifying what rights are being sold and for what purpose.

Works of art cannot be modified without the permission of the artist. Works cannot be distributed, mutilated, or modified in any way that would prejudice the reputation of the Artist, Dawn Ness Fine Art.


Copyright notice

1.1 Copyright © Dawn Ness Fine Art.

1.2 Subject to the express provisions of this notice:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved. This includes but is not limited to works posted on social media accounts e.g. Facebook, Twitter, Instagram, and all other forms of media under the Dawn Ness Fine Art Brand.

Copyright license

2.1 You may:

(a) view pages from our website in a web browser;

(b) stream audio and video files from our website

(c) shared our website with others

subject to the other provisions of this notice.

2.2 Except as expressly permitted by the other provisions of this notice, you must not download any material from our website or save any such material to your computer.

2.3 You may only use our website for your own personal purposes, and you must not use our website for any other purposes.

2.4 Except as expressly permitted by this notice, you must not edit or otherwise modify any material on our website.

2.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(c) show any material from our website in public;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website, save to the extent expressly permitted by this notice.



Use of the Site: You may use the site only in accordance with and subject to these Terms of Use and the Site's Privacy Policy. Once you complete and submit your registration you have opted-in to receive email communication from us. You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use or to solicit the performance of any illegal activity or other activity, which infringes the rights of Dawn Ness Fine Art or others.

Dawn Ness Fine Art ("Dawn Ness Fine Art" or "We"). We believe it is essential that all Dawn Ness Fine Art users respect the copyright and other intellectual property rights of others. Whether an artist, a customer or even if you're just browsing, please respect the intellectual property rights of all the works you see or buy on Dawn Ness Fine Art. 

Please read these terms of service (the "Terms") and Dawn Ness Fine Art Privacy Policy carefully. These Terms and the Privacy Policy are a legal agreement between you and Dawn Ness Fine Art. SUBSCRIBING TO the  Dawn Ness Fine Art Newsletter OR PURCHASING PRODUCTS THROUGH Dawn Ness Fine Art INDICATES THAT YOU AGREE TO ALL OF THE TERMS AND CONDITIONS IN THESE TERMS AND THE PRIVACY POLICY, AND ALL OTHER RULES, POLICIES AND PROCEDURES RELATING TO THE Dawn Ness Fine Art SERVICES, INCLUDING THE SITE.

"You" means you individually, and if you are accepting these Terms on behalf of a company or other legal entity, that legal entity. You represent and warrant that you are at least 18 years of age and, if you are entering into these Terms on behalf of a company or other legal entity, you have the authority to bind such legal entity. IF YOU DO NOT MEET THESE REQUIREMENTS OR DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, YOU MAY NOT USE THE Dawn Ness Fine Art SERVICES.



You understand that all information, images, pictures, data, text, music, sound, photographs, graphics, video, messages, or other materials submitted, posted, published, displayed, performed, or offered for sale through the Dawn Ness Fine Art ("Content"), whether publicly posted or privately transmitted, is protected by copyright and other intellectual property rights.

Dawn Ness Fine Art does not prescreen Content or Products and is not responsible for examining or evaluating any Content or Products offered through the Dawn Ness Fine Art Services, including without limitation, their accuracy, usefulness, or safety, or for determining whether the party offering the Content or Products for sale has obtained all required rights to do so. Without limitation of the foregoing, while we try to offer reliable data, we cannot promise that the Content on the Site will always be accurate and up-to-date. You further understand and acknowledge that you may be exposed to Content that is offensive, indecent or objectionable and that we may not be able to confirm the identity of other registered users or prevent them from acting under false pretenses or in a manner that infringes the rights of any person. YOU HEREBY WAIVE ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST Dawn Ness Fine Art WITH RESPECT TO ANY ACTIVITIES, CONTENT, PRODUCTS, ACTIONS OR INACTIONS OF ANY THIRD PARTY IN CONNECTION WITH THE Dawn Ness Fine Art SERVICES, INCLUDING WITHOUT LIMITATION, ANY ILLEGAL, DEFAMATORY, OFFENSIVE, OR UNAUTHORIZED CONDUCT BY ANY OF THE Dawn Ness Fine Art SERVICES’ USERS.

Copyright under the Digital Millennium Copyright Act, 17 U.S.C. 512 ("DMCA") or Infringements of Other Intellectual Property Rights:

Dawn Ness Fine Art has a zero-tolerance policy for infringement of copyrights and other intellectual property rights.

 You agree that you shall not, and shall not instruct, permit, allow or induce any person, directly or indirectly:

  1. post Content or Products in an inappropriate category or areas of the Dawn Ness Fine Art Services;

  2. fail to deliver payment, services or Product for collaborations posted by you unless a clear typographical error is made or you cannot authenticate the recipient's identity;

  3. interfere with another Dawn Ness Fine Art user's Content or Products;

  4. circumvent or manipulate our fee structure, the billing process, or fees owed to Dawn Ness Fine Art;

  5. take any action that may undermine any ratings system that Toi Gallery may use;

  6. distribute viruses or any other technologies that may harm Dawn Ness Fine Art or the interests or property of Dawn Ness Fine Art users;

  7. use, reproduce, copy, modify, adapt, create derivative works from, publish, print, transmit, distribute, perform, display, sell, license, rebrand, or otherwise transfer (i) any portion of the Dawn Ness Fine Art Services or Content made available through the Dawn Ness Fine Art Website other than your own Content, without the owner’s express written permission; or (ii) any Dawn Ness Fine Art copyrights or trademarks;

  8. remove any copyright, trademark or other proprietary rights notices contained in or on the Dawn Ness Fine Art Website or any Content;

  9. harvest or otherwise collect information about other users of the Dawn Ness Fine Art Website, including email addresses, without their consent;

  10. impersonate any person or entity, including, but not limited to, a Dawn Ness Fine Art official, or falsely state or otherwise misrepresent your affiliation with a person or entity;

  11. frame, mirror, or otherwise simulate the appearance or function of the Dawn Ness Fine Art Website or any other person’s Content or forge headers, icons or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website;

  12. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or other proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

  13. upload, post, email, transmit or otherwise make available through the Dawn Ness Fine Art Website any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

  14. upload, post, email, transmit or otherwise make available through the Dawn Ness Fine Art Website any material that contains adware, malware, spyware, software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or

  15. "stalk" or harass or harm another person.

The Site is controlled and offered by Dawn Ness Fine Art from its facilities in the United States of America and data related to the Dawn Ness Fine Art Website is hosted in the United States. If you access or use the Dawn Ness Fine Art Services from other jurisdictions, you do so at your own risk. You are responsible for knowing and complying with the laws of your jurisdiction. If such laws conflict with your use of the Dawn Ness Fine Art Services, you are not permitted to use them.

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