Terms of Use
Terms of Use
Last updated: August 28, 2026
These Terms of Use govern your access to and use of markowiczfineart.com, including its artwork pages, private views, digital catalogues, inquiry forms, and related content, collectively referred to as the “Website.”
The Website is operated by Markowicz Fine Art LLC, a Florida limited liability company referred to in these Terms as “Markowicz Fine Art,” “we,” “us,” or “our.”
By accessing or using the Website, you agree to these Terms of Use and acknowledge our Privacy Policy. If you do not agree, please do not use the Website.
1. About the Website
The Website presents artists, artworks, exhibitions, art fairs, editorial material, and services offered by Markowicz Fine Art.
The Website is intended to provide general information and facilitate contact with the gallery. Content may be updated, corrected, reorganized, or removed at any time.
You must be at least 18 years old, or the legal age of majority in your jurisdiction, to submit an acquisition or resale inquiry or enter into a transaction with Markowicz Fine Art.
2. Artwork Information and Availability
We take reasonable care when presenting information about artworks, including the artist, title, date, medium, dimensions, edition, signature, provenance, condition, location, and availability.
This information may be updated or corrected as additional documentation becomes available. A typographical error, technical error, outdated availability status, or incomplete description does not create an obligation to sell an artwork on the terms displayed.
An artwork is considered available for purchase only after written confirmation from Markowicz Fine Art. A work may be reserved, on approval, at an exhibition, held by the artist or owner, in transit, or awaiting final inventory confirmation.
Markowicz Fine Art may withdraw an artwork from sale or correct information concerning an artwork before a transaction is completed.
3. Images, Dimensions, and Editioned Works
Artwork images are provided for reference. Photography, lighting, screen settings, and digital reproduction may affect the appearance of colors, textures, surfaces, and scale.
Dimensions are approximate unless otherwise confirmed in the applicable sales documentation.
Frames, pedestals, display materials, installation hardware, and other accessories are included only when expressly stated.
For a unique artwork, the photographs will normally represent the specific work being offered. For an editioned artwork, a photograph may show another example from the same edition. The exact edition number, finish, signature, condition, and any meaningful variations will be confirmed before purchase.
4. Inquiries and Transactions
Submitting an inquiry does not commit you to purchase an artwork and does not obligate Markowicz Fine Art to sell it.
A listing, price indication, quotation, email, or response to an inquiry does not, by itself, constitute a binding offer or contract.
The terms of any transaction will be set out or confirmed in a Markowicz Fine Art invoice, sales agreement, order confirmation, or other written document accepted by the parties.
An artwork is reserved only when Markowicz Fine Art confirms the reservation in writing and receives the deposit or payment specified in the applicable document.
Transaction-specific documents may address:
• The artwork and documentation included
• The purchase price and currency
• Sales tax and other applicable taxes
• Payment terms
• Packing, shipping, customs duties, and insurance
• Delivery and installation
• Transfer of title and risk of loss
• Cancellation and return rights
• Commissions, special orders, or site-specific requirements
If these Terms of Use conflict with the written terms of a particular transaction, the transaction-specific documents will control.
Unless expressly agreed in writing, no right to cancel or return an artwork should be assumed. Any mandatory rights that cannot legally be excluded remain unaffected.
5. Authenticity, Provenance, and Condition
The documentation applicable to an artwork will depend on the artist, studio, publisher, foundry, prior ownership, and nature of the work.
Depending on the artwork, the transaction documentation may include a certificate of authenticity, studio documentation, provenance information, edition details, a condition report, care instructions, or other supporting records.
The specific representations made by Markowicz Fine Art concerning attribution, authenticity, provenance, condition, edition, and documentation are those contained or referenced in the applicable invoice or sales agreement.
General information appearing on the Website is not, by itself, a certificate of authenticity, condition report, appraisal, or guarantee.
6. Market Information
Any commentary concerning an artist, artwork, market, auction result, resale opportunity, or collecting strategy is provided for general informational purposes.
Markowicz Fine Art does not guarantee the future value, liquidity, resale price, or investment performance of any artwork.
Nothing on the Website constitutes financial, investment, tax, or legal advice. Collectors should obtain independent professional advice where appropriate.
7. Compliance and Payment Security
Markowicz Fine Art may request identification, beneficial ownership information, payment information, shipping details, source-of-funds information, or other documentation reasonably required for fraud prevention, sanctions screening, regulatory compliance, or internal risk controls.
We may decline, suspend, or impose conditions on a proposed transaction when reasonably necessary for these purposes.
For security, wire instructions should always be verified directly with a known member of the Markowicz Fine Art team using a previously established telephone number. Do not rely on an email requesting a change of bank details without independent verification.
8. Intellectual Property
The Website and its design, text, graphics, logos, databases, selection, arrangement, videos, photographs, and other content are owned by or licensed to Markowicz Fine Art.
Images of artworks may also be protected by copyrights and other rights belonging to artists, estates, photographers, studios, publishers, collecting societies, or other rights holders.
Copyright protection of an artwork or photograph is separate from ownership of the physical artwork. Purchasing an artwork does not transfer copyright, reproduction rights, merchandising rights, or other intellectual property rights unless expressly agreed in writing.
You may access and view the Website for personal, informational, and noncommercial purposes.
Without prior written permission from Markowicz Fine Art and any other applicable rights holder, you may not:
• Reproduce, publish, distribute, sell, license, modify, or commercially exploit Website content
• Use artwork images in advertising, merchandise, publications, products, or promotional materials
• Remove copyright, credit, watermark, or ownership notices
• Systematically download, scrape, harvest, mirror, or extract Website content
• Create or populate an artwork, artist, pricing, image, or market database using Website content
• Use Website content to train, develop, evaluate, or improve an artificial intelligence or machine-learning system
• Frame or reproduce substantial portions of the Website on another website or service
You may share direct links to publicly accessible pages using ordinary sharing tools, provided the content is not altered or presented misleadingly.
9. Private Views and Restricted Materials
Certain content may be made available through private viewing pages, individualized links, digital catalogues, or other access-controlled materials.
Unless Markowicz Fine Art expressly authorizes otherwise, these materials are intended only for the recipient and may not be forwarded, published, reproduced, or distributed.
Access to a private view does not reserve an artwork, create an exclusive right, or constitute an offer to sell.
10. Acceptable Use
You may not use the Website:
• For any unlawful, fraudulent, or misleading purpose
• To impersonate another person or misrepresent your authority
• To transmit malware, malicious code, or disruptive material
• To interfere with the security or operation of the Website
• To bypass access restrictions or attempt to access private data
• To collect personal information about other users
• To send unsolicited commercial communications
• Through automated systems that place an unreasonable burden on the Website or extract content without authorization
We may restrict or terminate access where we reasonably believe these Terms have been violated.
11. Information You Submit
Information submitted through the Website must be accurate to the best of your knowledge.
When submitting information about an artwork for possible acquisition, consignment, brokerage, or resale, you represent that you own the artwork or are authorized to act on behalf of its owner and that you are authorized to provide the accompanying photographs and documentation.
Submitting an artwork does not require Markowicz Fine Art to evaluate, authenticate, purchase, consign, or offer it for sale.
We may use and retain submitted information as reasonably necessary to respond to your request, evaluate a potential transaction, maintain business records, prevent fraud, and comply with applicable legal obligations. Personal information is handled in accordance with our Privacy Policy.
12. Third-Party Websites and Services
The Website may contain links to or integrations with third-party websites and services, including mapping, video, social media, payment, communication, or document services.
Markowicz Fine Art does not control these third parties and is not responsible for their content, availability, security, or privacy practices. Your use of a third-party service may be subject to that provider’s own terms and policies.
A link does not necessarily imply endorsement by Markowicz Fine Art.
13. Privacy
Our collection and use of personal information are described in our Privacy Policy.
By submitting an inquiry or otherwise providing personal information through the Website, you acknowledge that your information will be processed as described in that policy.
14. Website Disclaimer
The Website is provided on an “as is” and “as available” basis.
Although we take reasonable steps to maintain the Website, we do not guarantee that it will always be available, uninterrupted, secure, free from errors, or free from harmful components.
Nothing in this section limits any express representation or obligation contained in an invoice, sales agreement, or other transaction-specific document.
15. Limitation of Liability
To the fullest extent permitted by applicable law, Markowicz Fine Art and its managers, employees, agents, affiliates, and licensors will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from access to, use of, inability to use, or reliance on the Website.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded, including liability arising from fraud, willful misconduct, or any other matter for which limitation is prohibited by applicable law.
16. Governing Law
These Terms of Use are governed by the laws of the State of Florida, without regard to conflict-of-law principles.
Subject to any mandatory rights that apply in your place of residence, disputes concerning the Website or these Terms will be subject to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida.
17. Changes to These Terms
We may update these Terms of Use from time to time.
The revised version will be published on this page with a new “Last updated” date. Your continued use of the Website after publication of revised Terms constitutes acceptance of the revised Terms.
18. General Provisions
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in effect.
A failure by Markowicz Fine Art to enforce a provision does not constitute a waiver of that provision or of any other right.
19. Contact
Questions concerning these Terms of Use may be directed to:
Markowicz Fine Art LLC
241 NE 59th Terrace
Miami, Florida 33137
United States
Email: info@markowiczfineart.com
Telephone: +1 786-615-8158