TERMS OF USE

Last Modified: November 5, 2026

1. Acceptance and Modification of Terms

Welcome to https://arkartfoundation.org (the "Site"), operated by ARK Art Foundation (the "Foundation," "we," "our," or "us").

By accessing, browsing, or using this Site, you ("User" or "you") acknowledge that you have read and agree to be bound by these Terms of Use ("Terms") and our Privacy Policy.

If you do not agree with any part of these Terms, you must discontinue your use of the Site.

We reserve the right to modify, update, or revise these Terms at any time. Any revisions will become effective upon publication on this page, unless otherwise stated. The date of the latest revision will be indicated above. Your continued use of the Site after revised Terms are posted constitutes acceptance of those changes, to the extent permitted by applicable law.

2. Intellectual Property Rights

All content displayed or made available on this Site—including but not limited to artwork images, documentary photographs of sculptures and installations, archival records, exhibition materials, research essays, written content, logos, visual designs, audio, video, and other materials (collectively, the "Site Content")—is protected by applicable copyright, trademark, and intellectual property laws.

Ownership and Copyright

Ownership of Site Content remains with ARK Art Foundation, the respective artists, authors, photographers, institutions, or other rightful copyright holders, as applicable.

The Foundation does not claim ownership of artists' original works or third-party materials merely by displaying, documenting, archiving, researching, or publishing them on this Site.

Unless otherwise expressly stated, materials independently created and owned by ARK Art Foundation—including its original editorial content, research publications, archival arrangements, visual designs, and website materials—remain the intellectual property of the Foundation.

The display of any artwork, photograph, document, or other third-party material does not constitute a transfer of copyright or grant of ownership to the Foundation or any Site visitor.

Permitted Academic and Personal Non-Commercial Use

Visitors may access and refer to Site Content for personal, educational, non-commercial research, academic study, scholarly discussion, and critical appraisal, subject to applicable copyright laws and the following conditions:

Appropriate attribution must be provided, including the artist or author (where identified), the title of the work or material (where applicable), and ARK Art Foundation as the source.
All original copyright notices, credits, and proprietary information must be retained.
Content must not be altered, modified, or presented in a misleading manner.
Any reproduction or quotation must remain within the scope permitted by applicable copyright law.
Such use must not imply endorsement, sponsorship, or affiliation by the Foundation or the respective copyright holder.

Permission for academic reference or limited quotation does not constitute permission to reproduce complete artworks, substantial collections of images, entire publications, or other copyrighted materials beyond what applicable law permits.

Restrictions on Commercial Use and Unauthorized Reproduction

Unless expressly authorized in writing by the applicable copyright holder, no person or organization may:

Reproduce, republish, distribute, transmit, or commercially exploit Site Content.
Use artwork images, archival materials, or other Site Content in advertising, promotional campaigns, merchandise, commercial publications, or products for sale.
Publicly display or distribute copyrighted materials in a manner that exceeds permitted academic, personal, or legally authorized use.
Remove, obscure, or alter copyright notices, artist credits, watermarks, or other ownership information.
Create derivative works, adaptations, or commercial reproductions using copyrighted Site Content without appropriate authorization.

Artificial Intelligence and Automated Data Use

No license or permission to use Site Content for artificial intelligence training, machine learning, automated image generation, dataset development, or other computational purposes is granted by virtue of accessing this Site.

Without prior written authorization from the applicable copyright holder, users may not:

Use artwork images, photographs, archival materials, research publications, or other Site Content to train, fine-tune, or develop AI or machine learning models.
Collect, extract, aggregate, or reproduce Site Content for the creation or distribution of AI training datasets.
Use Site Content to generate, imitate, reconstruct, or commercially exploit reproductions or derivative representations of protected artworks.
Systematically harvest or process Site Content through automated systems for commercial, computational, or other unauthorized purposes.

Any such use requires prior written authorization from the relevant copyright holder. Nothing in these Terms limits rights or exceptions that cannot lawfully be restricted under applicable copyright law.

3. User Conduct and Prohibited Activities

When accessing or using the Site, you agree not to:

Use automated devices, programs, algorithms, or methodologies, including bots, spiders, crawlers, or scrapers, to systematically access, acquire, extract, or copy Site Content without prior authorization.
Attempt to interfere with, compromise, damage, or disrupt the proper operation, security infrastructure, or servers of the Site.
Upload, transmit, or distribute files containing viruses, malware, Trojan horses, or other malicious or destructive code.
Impersonate ARK Art Foundation, its representatives, participating artists, or any third party, or misrepresent your identity, affiliation, or authorization.
Circumvent technical measures designed to protect Site Content or restrict unauthorized access.
Engage in any activity that violates applicable local, state, federal, or international laws and regulations.

The Foundation reserves the right to restrict or terminate access to the Site where reasonably necessary to protect its operations, content, intellectual property, or users.

4. Disclaimer of Warranties

This Site and all Site Content are provided on an "AS IS" and "AS AVAILABLE" basis, to the maximum extent permitted by applicable law, without warranties of any kind, whether express, implied, or statutory.

Accuracy and Completeness of Content

The Foundation makes reasonable efforts to maintain the accuracy, integrity, and reliability of its exhibition information, artwork documentation, research publications, and archival records.

However, historical records, archival materials, research content, and exhibition information may be incomplete, subject to revision, or based on sources available at the time of publication.

The Foundation does not warrant that all Site Content is complete, entirely accurate, current, or free from errors or omissions.

Availability and Security

The Foundation does not guarantee uninterrupted, error-free, or secure access to the Site, nor does it warrant that the Site will be free from viruses or other harmful components.

The Foundation reserves the right to modify, suspend, restrict, or discontinue any feature or portion of the Site at any time, with or without prior notice, subject to applicable law.

5. Limitation of Liability

To the maximum extent permitted by applicable law, ARK Art Foundation, its trustees, officers, employees, representatives, partners, and agents shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to loss of data, revenue, profits, business opportunities, or operational disruption, arising out of or in connection with:

Your access to, use of, or inability to use the Site or its content.
Errors, omissions, inaccuracies, or outdated information contained on the Site.
Unauthorized access to, alteration of, or use of data transmitted through the Site.
Actions or omissions of third-party websites, services, or content providers linked to or referenced by the Site.
Any other matter relating to the use of the Site.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.

6. Links to Third-Party Websites

The Site may contain links to external third-party websites, platforms, publications, or resources, including partner galleries, museums, academic institutions, archives, and other organizations.

These links are provided solely for informational and convenience purposes.

The Foundation does not own, control, or endorse all external websites and assumes no responsibility for their content, accuracy, availability, privacy policies, security, or practices.

Accessing third-party websites is at your own discretion and risk. Your use of such websites is subject to their respective terms and policies.

7. Indemnification

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless ARK Art Foundation, its trustees, officers, employees, representatives, and agents from and against any third-party claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:

Your violation of these Terms.
Your misuse of the Site or its content.
Your violation of applicable laws or regulations.
Your infringement of the intellectual property, privacy, or other legal rights of any third party.

The Foundation reserves the right to assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate reasonably with the Foundation's defense.

8. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict-of-law principles, to the extent such choice of law is legally enforceable.

Any legal action or proceeding arising out of or relating to these Terms or your use of the Site shall be brought in the state or federal courts located in New York County, New York, provided that such courts have subject matter jurisdiction.

You agree to submit to the personal jurisdiction of such courts, subject to applicable law.

Nothing in this section is intended to override any mandatory legal protections or jurisdictional requirements that may apply.

9. Severability and Entire Agreement

If any provision of these Terms is found by a court of competent jurisdiction to be unlawful, invalid, or unenforceable, that provision shall be modified or limited to the minimum extent necessary to make it enforceable, or severed if modification is not possible.

The remaining provisions shall continue in full force and effect.

These Terms, together with the Foundation's Privacy Policy and any other applicable policies expressly incorporated herein, constitute the agreement between you and ARK Art Foundation concerning your access to and use of the Site, and supersede any prior agreements concerning the same subject matter.

10. Copyright Permissions and Infringement Notices

Requests for Permission

Individuals, publishers, researchers, galleries, institutions, and other organizations seeking permission to reproduce, publish, distribute, publicly display, or commercially use artwork images, archival materials, research publications, or other copyrighted Site Content must obtain prior written authorization from the applicable copyright holder.

Requests may be directed to the Foundation using the contact information provided below. The Foundation will identify the relevant rights holder where reasonably possible but does not guarantee that it owns or controls the rights to all materials displayed on the Site.

Copyright and Intellectual Property Concerns

If you believe that any material appearing on this Site infringes your copyright or other intellectual property rights, you may submit a written notice to the Foundation containing:

Identification of the copyrighted work or other protected material you believe has been infringed.
The specific URL or location of the material on the Site.
Your name and contact information.
A description of your ownership or authorization to act on behalf of the rights holder.
A statement explaining the basis of your concern and the action requested.

The Foundation will review properly submitted notices and take appropriate action where warranted and consistent with applicable law.

Submission of a notice does not guarantee removal of the material or establish that infringement has occurred.

11. Contact Information

For questions concerning these Terms, intellectual property rights, copyright permissions, image licensing, research publication, or other matters relating to the Site, please contact:

ARK Art Foundation

Website: https://arkartfoundation.org

General and Legal Inquiries: legal@arkartfoundation.org

Privacy Inquiries: privacy@arkartfoundation.org

For copyright permissions and publication requests, please include the title of the artwork or material, its location on the Site, and a description of your intended use.