Terms of Use

Terms of Use for Audrey Hulburd | The Original Artworks

Website: https://audrey-hulburd.art/
Effective Date: April 1, 2026
Last Updated: August 28, 2026

1. Introduction

Welcome to Audrey Hulburd – The Original Artwork (the “Website”).

This Website is managed by John Hulburd in memory of his mother, Audrey Hulburd, and is intended to preserve, present, document, and share information about Audrey Hulburd, her original artwork, collections, and artistic legacy.

These Terms of Use (“Terms,” “Terms of Use,” or “Agreement”) govern your access to and use of the Website.

By accessing, browsing, viewing, or otherwise using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, please discontinue use of the Website.

These Terms apply to all visitors and users of the Website.

2. Website Manager and Contact Information

The Website is managed by:

John Hulburd

The Website is managed in memory of his mother, Audrey Hulburd, and is intended to preserve and share her artistic work and legacy.

Location:
Ridgway, Colorado 81432
United States

Email:
wholebird@gmail.com

Telephone:
+1 (360) 643-1593

Website:
https://audrey-hulburd.art/

For questions concerning the Website, artwork, copyright, permissions, privacy, or these Terms, you may contact John Hulburd using the information above.

3. Purpose of the Website

The Website provides information and visual content relating to Audrey Hulburd and her artwork.

The Website may allow visitors to:

View original artwork;
Explore artwork collections;
Learn about Audrey Hulburd;
Read biographical and historical information;
View photographs and reproductions of artwork;
Submit questions and inquiries;
Express interest in particular artwork;
Request additional information;
Contact the Website manager; and
Access third-party websites or resources.

Unless expressly stated otherwise, the Website is primarily an informational and artistic presentation platform.

4. No Automatic Purchase Agreement

Submitting an inquiry through the Website does not automatically create:

A purchase agreement;
A sales contract;
A reservation;
A hold on an artwork;
An agency relationship;
A licensing agreement;
A commission agreement; or
Any other legally binding transaction.

If an artwork is offered for sale, the terms of any transaction will be established separately and may include additional written terms concerning price, payment, delivery, ownership, shipping, taxes, returns, refunds, authenticity, and other applicable matters.

5. Eligibility

You may use the Website only if you are legally capable of entering into an agreement under applicable law.

If you are under 18 years of age, you should use the Website with the involvement and permission of a parent or legal guardian.

The Website is not directed toward children under 13.

Additional information concerning children’s privacy is contained in the Privacy Policy.

6. Intellectual Property

The Website and its contents may contain material protected by United States and international intellectual property laws.

This may include:

Original paintings;
Artwork photographs;
Digital images;
Artist photographs;
Collection images;
Written descriptions;
Biographical material;
Historical material;
Articles;
Website text;
Graphics;
Logos;
Videos;
Audio;
Website design;
Page layouts;
Collection names;
Other creative material.

Original paintings and other visual artwork may be protected by copyright. U.S. Copyright Office guidance recognizes paintings, photographs, sculptures, illustrations, and other original visual works as copyrightable subject matter. Copyright protection generally begins when an original work is fixed in a tangible form.

7. Ownership of Artwork and Copyright

The artwork displayed on this Website may consist of original works created by Audrey Hulburd.

Unless specifically stated otherwise, the display of an artwork on this Website does not grant any visitor ownership of, or intellectual-property rights in, that artwork.

Ownership of a physical original artwork and ownership of copyright in that artwork are separate legal concepts.

The purchase, possession, transfer, or ownership of a physical original artwork does not automatically transfer copyright or other intellectual-property rights in the underlying work.

Any transfer of copyright or other intellectual-property rights must be expressly established in an appropriate written agreement.

Where ownership of a particular work differs from the general information provided in these Terms, the specific written documentation relating to that work will control.

8. Copyright Protection

Unless otherwise stated, the artwork, photographs, text, graphics, and other original content presented on this Website are protected by applicable copyright law.

Copyright owners may have exclusive rights concerning reproduction, distribution, adaptation, and public display of protected works.

Accordingly, you may not reproduce, distribute, publish, sell, license, modify, or commercially exploit protected artwork or Website content without appropriate authorization.

9. Limited Permission to Use the Website

Subject to these Terms, you are granted a limited, non-exclusive, non-transferable, revocable permission to access and view the Website for lawful personal, informational, and non-commercial purposes.

This permission does not transfer ownership of any Website content to you.

You may view Website content using an ordinary web browser and may share links to publicly accessible Website pages.

You may not represent Website content as your own.

10. Restrictions on Artwork and Images

Unless you have received prior written permission from the applicable rights holder, you may not:

Reproduce artwork displayed on the Website;
Download artwork images for commercial use;
Print artwork images for resale;
Use artwork images on merchandise;
Use artwork images in advertising or promotional material;
Use artwork images as logos or branding;
Sell or license copies of artwork images;
Publish artwork images in commercial publications;
Incorporate artwork into another commercial work;
Create derivative artwork from Website images;
Remove copyright or attribution information;
Claim authorship of artwork created by Audrey Hulburd;
Upload artwork images to stock-image libraries for redistribution;
Use artwork images in a manner that falsely suggests endorsement or affiliation; or
Otherwise exploit protected artwork or Website content without authorization.

Nothing in this section prohibits a use that is expressly permitted by applicable law.

11. Artificial Intelligence and Automated Use of Artwork

The artwork and images displayed on the Website are presented as creative works and may be protected by copyright and other applicable rights.

Unless expressly authorized in writing by the applicable rights holder, you may not use artwork images obtained from the Website for the purpose of:

Creating commercial datasets;
Building commercial image libraries;
Training or fine-tuning an artificial-intelligence model;
Developing a machine-learning dataset;
Generating derivative commercial artwork;
Creating commercial synthetic reproductions; or
Other commercial exploitation of the artwork.

This provision does not attempt to prohibit uses that applicable law expressly permits.

Nothing in these Terms is intended to override statutory copyright exceptions or other rights recognized under applicable law.

12. Fair Use and Other Legal Rights

Nothing in these Terms is intended to eliminate or restrict rights granted to you under applicable law.

U.S. copyright law recognizes certain limitations and exceptions, including fair use in appropriate circumstances.

Whether a particular use qualifies as fair use depends on the facts and circumstances of the individual use.

If you believe your proposed use is permitted by law but are uncertain whether permission is required, you should obtain appropriate legal advice.

13. Requesting Permission to Use Artwork

If you wish to reproduce, publish, license, distribute, or commercially use an artwork or image displayed on the Website, please contact:

John Hulburd

Email: wholebird@gmail.com

Telephone: +1 (360) 643-1593

Requests may concern:

Books;
Magazines;
Newspapers;
Films;
Documentaries;
Television;
Advertising;
Exhibitions;
Educational publications;
Merchandise;
Websites;
Social media;
Commercial licensing;
High-resolution reproductions; or
Other proposed uses.

Permission is not granted merely because an image is publicly accessible online.

Written authorization should be obtained before undertaking a use that requires permission.

14. Artist Attribution

Where appropriate, Audrey Hulburd should be identified as the artist when her artwork is reproduced with authorization.

You may not falsely identify another person as the creator of Audrey Hulburd’s artwork or knowingly misrepresent the authorship of a work.

Applicable U.S. law also provides certain rights concerning attribution and integrity for qualifying works of visual art.

15. Artwork Information

The Website may contain information concerning:

Artwork titles;
Dates;
Dimensions;
Materials;
Collections;
Historical information;
Biographical information;
Provenance;
Exhibition history;
Availability;
Descriptions; and
Other artwork-related information.

We make reasonable efforts to present this information accurately.

However, information may be based on historical records, family records, recollections, archival materials, photographs, or other available sources.

Information may therefore contain omissions, inaccuracies, or historical uncertainties.

We reserve the right to correct or update information when appropriate.

16. Artwork Availability

The presence of an artwork on the Website does not necessarily mean that the artwork is currently available for purchase.

Artwork may:

Already be sold;
Be part of a private collection;
Be unavailable for sale;
Be temporarily unavailable;
Be reserved;
Be displayed for historical purposes only; or
Become unavailable after appearing on the Website.

Availability may change without prior notice.

Visitors interested in a particular artwork should contact us for current information.

17. Artwork Purchases and Sales

If original artwork is offered for purchase, the purchase may be subject to a separate transaction agreement.

The transaction may address:

Purchase price;
Payment method;
Sales tax;
Shipping;
Delivery;
Insurance;
Risk of loss;
Returns;
Refunds;
Authenticity;
Provenance;
Ownership;
Copyright;
Condition;
Damage during transportation; and
Other applicable terms.

No purchase should be considered final until the transaction has been expressly accepted and confirmed.

Where a specific written sales agreement exists, that agreement will control the transaction.

18. Pricing and Commercial Information

Any prices, valuations, estimates, shipping information, or other commercial information displayed on the Website may be subject to change.

Unless expressly stated otherwise, information displayed on the Website should not be interpreted as a binding offer to sell.

An artwork inquiry does not guarantee the quoted price, availability, or acceptance of a proposed transaction.

Where an artwork is sold online or through another sales channel, applicable consumer-protection and transaction laws will apply.

19. Shipping, Delivery, Returns, and Refunds

If artwork is sold through the Website or through a transaction initiated through the Website, applicable shipping, delivery, return, and refund terms will be communicated as part of the transaction.

Where applicable law requires specific disclosures concerning shipping or refunds, those requirements will control.

U.S. federal consumer-protection rules may impose requirements concerning promised shipping periods and disclosure of refund or return policies.

Nothing in these Terms is intended to eliminate a consumer right that cannot legally be waived.

20. Taxes

Applicable sales, use, or other taxes may apply to artwork purchases depending on the purchaser’s location, the location of the transaction, the nature of the transaction, and applicable law.

Where required, applicable taxes may be added to the purchase price.

Purchasers are responsible for any taxes imposed upon them by law that are not collected by the seller.

21. No Professional Advice

Information on this Website is provided for general artistic, historical, educational, and informational purposes.

Nothing on the Website constitutes:

Legal advice;
Tax advice;
Investment advice;
Financial advice;
Professional appraisal advice;
Professional valuation advice; or
Other professional advice.

If you require professional advice concerning an artwork or transaction, you should consult an appropriately qualified professional.

22. Artwork Valuation

Any reference to the value, significance, market history, rarity, or potential value of an artwork is informational unless expressly identified as a professional appraisal.

The Website does not guarantee that any artwork will:

Increase in value;
Maintain its value;
Sell for a particular price;
Receive a particular appraisal;
Be accepted by a particular auction house; or
Generate a particular financial return.

23. User Submissions

Visitors may voluntarily submit information through the Website, including inquiries, messages, suggestions, or other communications.

You remain responsible for the information and material you submit.

You agree not to submit material that:

Is unlawful;
Is fraudulent;
Knowingly contains materially false information;
Infringes another person’s intellectual-property rights;
Violates another person’s privacy;
Contains malicious software;
Contains unauthorized confidential information;
Is threatening or abusive;
Contains unlawful obscene material; or
Otherwise violates applicable law.

24. Reviews and Opinions

If the Website or associated services permit visitors or customers to provide reviews, comments, testimonials, or opinions, you remain entitled to express honest opinions concerning your experience, subject to applicable law.

Nothing in these Terms is intended to prohibit or penalize lawful consumer reviews or honest opinions.

We may remove or decline to publish content that is:

Clearly unlawful;
Fraudulent;
Defamatory where removal is legally appropriate;
Harassing;
Obscene;
Unrelated to the relevant subject;
Invasive of another person’s privacy;
Confidential without authorization;
Malicious; or
Otherwise prohibited by applicable law.

We will not require you to surrender copyright ownership of a review merely as a condition of providing the review.

These provisions are intended to be consistent with U.S. consumer-protection laws governing consumer reviews.

25. Prohibited Website Activities

You agree not to use the Website to:

Violate applicable law;
Attempt unauthorized access;
Circumvent Website security;
Introduce malware or malicious code;
Interfere with Website operations;
Overload or disrupt Website infrastructure;
Scrape information in a manner that violates applicable law or these Terms;
Attempt to access administrative systems;
Impersonate another person;
Misrepresent an affiliation with the Website;
Collect personal information unlawfully;
Infringe intellectual-property rights;
Use automated systems to abuse Website resources; or
Engage in fraudulent or deceptive activity.

We reserve the right to take reasonable technical or legal measures against misuse.

26. Website Availability

We make reasonable efforts to maintain Website availability.

However, the Website may become temporarily unavailable because of:

Maintenance;
Software updates;
Hosting problems;
Security incidents;
Technical failures;
Internet outages;
Power outages;
Third-party service failures; or
Circumstances beyond our reasonable control.

We do not guarantee uninterrupted or error-free access.

27. Third-Party Websites

The Website may contain links to third-party websites, including social-media platforms, galleries, organizations, services, or other external resources.

Third-party links are provided for convenience and informational purposes.

We do not control third-party websites and are not responsible for:

Their content;
Their privacy policies;
Their security;
Their availability;
Their products or services;
Their terms;
Their advertising; or
Their business practices.

Your use of a third-party website is governed by that website’s own policies.

28. Privacy

Your use of the Website is also governed by our Privacy Policy.

The Privacy Policy explains how personal information may be collected, used, disclosed, retained, and protected.

Privacy Policy:
https://audrey-hulburd.art/privacy-policy/

If the Privacy Policy is subsequently moved to another URL, the Website’s current Privacy Policy page will apply.

29. Cookies and Tracking Technologies

The Website may use cookies and similar technologies for:

Essential Website functionality;
Security;
Performance;
Analytics;
Preferences;
Fraud prevention; and
Other purposes described in the Privacy Policy.

Your use of these technologies is subject to applicable law and our Privacy Policy.

30. Copyright Infringement Notices

We respect intellectual-property rights.

If you believe that material appearing on the Website infringes your copyright, you may submit a copyright notice to us.

A notice should provide sufficient information to allow us to investigate the allegation, including:

Identification of the copyrighted work;
Identification of the allegedly infringing material;
Information sufficient to locate the material;
Your contact information;
A statement that you have a good-faith belief that the disputed use is unauthorized;
A statement that the information provided is accurate and, where applicable, that you are authorized to act on behalf of the copyright owner; and
Your physical or electronic signature.

John Hulburd
Email: wholebird@gmail.com
Telephone: +1 (360) 643-1593

Where appropriate, we may investigate and take action consistent with applicable law.

31. Copyright Notice

Unless otherwise indicated:

All artwork, artwork photographs, Website text, graphics, and other protected materials remain subject to applicable intellectual-property rights.

Specific ownership information identified for an individual work will control where it differs from this general notice.

32. Trademarks and Branding

Names, logos, artwork titles, marks, branding, and other identifiers appearing on the Website may be protected by trademark, copyright, or other applicable laws.

You may not use them in a manner that:

Creates confusion;
Suggests unauthorized sponsorship;
Suggests endorsement;
Misrepresents affiliation; or
Otherwise infringes applicable rights.

33. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

WE DO NOT WARRANT THAT THE WEBSITE OR ITS CONTENT WILL ALWAYS BE:

ACCURATE;
COMPLETE;
CURRENT;
RELIABLE;
SECURE;
UNINTERRUPTED;
ERROR-FREE; OR
FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS A WARRANTY OR CONSUMER RIGHT THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

34. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JOHN HULBURD AND THE PERSONS OR ENTITIES RESPONSIBLE FOR OPERATING THE WEBSITE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE.

THIS MAY INCLUDE, TO THE EXTENT PERMITTED BY LAW:

LOSS OF DATA;
LOSS OF PROFITS;
LOSS OF BUSINESS OPPORTUNITY;
LOSS OF GOODWILL;
BUSINESS INTERRUPTION;
COMPUTER OR DEVICE DAMAGE; OR
OTHER INDIRECT LOSSES.

WHERE LIABILITY CANNOT LAWFULLY BE EXCLUDED, LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT LEGALLY BE LIMITED OR EXCLUDED.

35. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless John Hulburd and the persons or entities responsible for operating the Website from claims, liabilities, damages, losses, costs, and reasonable expenses arising from or related to:

Your violation of these Terms;
Your misuse of the Website;
Your violation of applicable law;
Your infringement of another person’s intellectual-property rights;
Your violation of another person’s privacy or other rights; or
Material you knowingly submit in violation of these Terms.

This provision does not require you to indemnify any person for that person’s own unlawful conduct where such indemnification would be prohibited by law.

36. Dispute Resolution

If you have a concern regarding the Website, artwork, copyright, privacy, a transaction, or these Terms, we encourage you to contact us first so that the matter can be reviewed and, where appropriate, resolved informally.

Contact:

John Hulburd
Email: wholebird@gmail.com
Telephone: +1 (360) 643-1593

Nothing in this section prevents you from exercising a legal right that cannot lawfully be waived.

37. Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of the State of Colorado, without regard to conflict-of-law principles, except where federal law or another mandatory law applies.

Nothing in this provision is intended to deprive a consumer of rights or protections that cannot lawfully be waived.

38. Venue and Jurisdiction

To the extent permitted by applicable law, legal proceedings arising from or relating to these Terms or the Website shall be brought in a court of competent jurisdiction in or serving the State of Colorado.

Nothing in this section prevents a consumer from bringing an action in another forum when applicable law grants that consumer the right to do so.

39. No Mandatory Class-Action Waiver

These Terms do not require visitors or consumers to waive their right to participate in a class action or other collective proceeding.

Any such provision, if later proposed for a specific transaction, must be separately reviewed for compliance with applicable law.

40. Electronic Communications

When you contact us through the Website or electronically, you consent to receiving electronic communications reasonably necessary to respond to your inquiry or administer your interaction with the Website.

These communications may include:

Responses to inquiries;
Requests for additional information;
Artwork information;
Transaction-related communications;
Administrative notices;
Privacy-related communications; and
Other communications directly related to your request.

This provision does not constitute consent to receive unsolicited marketing communications where separate consent is required by law.

41. Accessibility

We aim to make the Website reasonably accessible to visitors.

If you experience difficulty accessing Website content or require information in an alternative format, please contact:

Email: wholebird@gmail.com
Telephone: +1 (360) 643-1593

We will consider reasonable requests for assistance.

42. Force Majeure

We will not be responsible for delays or failures caused by circumstances beyond our reasonable control, including:

Natural disasters;
Severe weather;
Internet or telecommunications failures;
Power outages;
Cybersecurity incidents;
Government actions;
Civil disturbances;
Acts of war or terrorism;
Labor disputes;
Third-party service failures; or
Other circumstances beyond reasonable control.

This provision does not limit consumer rights that cannot legally be limited.

43. Compliance With Applicable Law

Nothing in these Terms is intended to violate, circumvent, or waive a legal requirement that cannot lawfully be waived.

We reserve all rights available under applicable law while recognizing mandatory protections provided to consumers and other Website users.

The Website may be subject to applicable federal, state, and local laws concerning:

Copyright;
Intellectual property;
Privacy;
Consumer protection;
Electronic communications;
Accessibility;
Online transactions; and
Other applicable matters.

44. Changes to These Terms

We may modify these Terms from time to time to reflect:

Changes to the Website;
Changes in Website operations;
Changes in artwork or services;
Changes in technology;
Changes in applicable law; or
Other legitimate business or operational requirements.

When changes are made, we will update the “Last Updated” date at the beginning of these Terms.

Where required by law, we may provide additional notice of material changes.

Your continued use of the Website after updated Terms become effective constitutes acceptance of the updated Terms to the extent permitted by law.

If you do not agree to updated Terms, you should discontinue use of the Website.

45. Severability

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision will be modified or interpreted to the minimum extent necessary to make it enforceable where legally permitted.

If modification is not possible, the provision will be severed.

The remaining provisions will remain in effect.

46. No Waiver

Failure to enforce any provision of these Terms does not constitute a waiver of the right to enforce that provision in the future.

Any waiver must be made in writing where legally required.

47. Entire Agreement

These Terms and the Privacy Policy constitute the general terms governing use of the Website.

Additional terms may apply to specific artwork purchases, sales, licenses, commissions, exhibitions, or other transactions.

Where a separate written agreement applies to a particular transaction, that agreement will control to the extent of any conflict with these general Website Terms.

48. Contact Information

For questions concerning these Terms, the Website, artwork permissions, copyright, privacy, or other administrative matters, contact:

John Hulburd
Manager of Audrey Hulburd – The Original Artwork Website

Address:
Ridgway, Colorado 81432
United States