TERMS OF SERVICE

ART WEEK MEDIA™ TERMS OF SERVICE

Effective Date: January 1, 2025

Last Updated: January 1, 2026

These Terms of Service (“Terms”) govern your access to and use of the Art Week Media platforms (“Platforms”) operated by Art Week Media, LLC (“Art Week Media,” “Company,” “we,” “us,” or “our”).

By accessing or using the Platforms, you agree to be bound by these Terms and our Privacy Policy.

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1. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Platforms.

If you use the Platforms on behalf of an entity, you represent that you have authority to bind that entity to these Terms.

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2. License to Use the Platforms

Subject to these Terms, Art Week Media grants you a:

• Limited, non-exclusive, non-transferable, revocable license to access and use the Platforms for personal or internal business purposes. No rights are granted except as expressly stated.

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3. Platform Overview

The Platforms provide:

• Discovery of exhibitions, fairs and events

• Artist, gallery, institution and sponsor profiles

• Submissions and open calls

• Editorial and curated content

• Collector inquiry pathways

• Sponsor activations and branded experiences

Art Week Media is not a gallery, broker, dealer, or auction house unless explicitly stated.

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4. User Accounts

You agree to:

• Provide accurate, current information

• Maintain confidentiality of credentials

• Be responsible for all activity under your account

We may suspend or terminate accounts at our discretion.

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5. Submitted Materials (User Content)

A. Non-Confidentiality

Any content submitted to the Platforms (“Submitted Materials”) is deemed non-confidential and non-proprietary.

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B. Ownership

You retain ownership of your Submitted Materials.

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C. License Grant

You grant Art Week Media a:

Worldwide, non-exclusive, royalty-free, perpetual transferable and sublicensable license to:

Use, reproduce, display, distribute and publish

Promote artists, exhibitions and events

Include in editorial, marketing and sponsor activations

Adapt and create derivative works for platform use

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D. Representations

You represent that:

• You own or control all rights

• Materials do not infringe third-party rights

• All necessary permissions have been obtained

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E. No Obligation / Storage

We are not obligated to:

• Use Submitted Materials

• Maintain or store Submitted Materials

We may remove or delete content at any time.

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6. Public Content & Participation

You acknowledge:

• Content may be publicly displayed

• Participation in programs may require publication of:

o Name

o Affiliation

o Artwork

o Exhibition details

Content may persist in archives, caches, or third-party systems.

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7. Marketplace & Transactions

The Platforms may facilitate:

• Collector inquiries

• Connections between buyers and sellers

• Access to third-party sales platforms

Art Week Media:

• Is not a party to transactions

• Does not verify authenticity, ownership, or pricing

• Is not responsible for disputes or fulfillment

All transactions are solely between users.

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8. Rules of Conduct

You agree not to:

• Impersonate any person or entity

• Submit false or misleading information

• Violate intellectual property rights

• Engage in scraping, data harvesting, or automated access

• Reverse engineer or interfere with platform functionality

• Upload harmful code or malicious content

• Use the Platforms for unlawful purposes

• Send unsolicited communications or spam

• Frame or mirror the Platforms without permission

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9. Public Forums & Interactive Features

The Platforms may include interactive features (“Forums”).

You acknowledge:

• Content may be publicly visible

• Content may be stored and redistributed beyond our control

• You should not share sensitive or confidential information

We are not responsible for user-generated content.

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10. Monitoring & Editorial Control

We reserve the right (but not the obligation) to:

• Monitor activity and content

• Review, edit, or remove materials

• Restrict or terminate access

We may disclose information as required by law.

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11. Intellectual Property

All Platform content (excluding Submitted Materials) is owned by Art Week Media or its licensors.

You may not:

• Copy, reproduce, or distribute content

• Use trademarks or branding without permission

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12. Linking & Framing Restrictions

You may not:

• Frame or mirror the Platforms

• Use inline linking to hosted assets

• Suggest endorsement without permission

We may revoke linking rights at any time.

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13. Third-Party Services

The Platforms may include links or integrations with third-party services.

We:

• Do not control third-party content

• Do not endorse third-party services

• Are not responsible for third-party actions

Use of third-party services is at your own risk.

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14. Orders, Payments & Services

Where applicable:

• You agree to pay all fees and applicable taxes

• Additional terms may apply to purchases or services

• Failure of payment authorization does not relieve payment obligations

We use industry-standard security measures but do not guarantee absolute security.

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15. AI & Automated Features

We may use AI to:

• Provide recommendations

• Enhance search and discovery

• Personalize experiences

We do not guarantee the accuracy or reliability of AI-generated outputs.

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16. Disclaimers

The Platforms are provided “as is” and “as available.”

We disclaim all warranties, including:

• Accuracy

• Availability

• Fitness for a particular purpose

• Non-infringement

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17. Limitation of Liability

To the maximum extent permitted by law:

Art Week Media and its affiliates, officers, directors, employees, licensors and service providers (“Protected Entities”) shall not be liable for:

• Indirect, incidental, consequential, or punitive damages

• Loss of data, profits, or opportunities

Total liability shall not exceed the greater of:

• Amount paid by you (if any), or

• $10 USD

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18. Indemnification

You agree to indemnify and hold harmless the Protected Entities from claims arising from:

• Your use of the Platforms

• Your Submitted Materials

• Your violation of these Terms or applicable law

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19. DMCA / Copyright Policy

We respect intellectual property rights.

To submit a copyright claim, provide:

• Your contact information

• Description of copyrighted work

• Location of infringing material

• Statement of good faith belief

• Statement under penalty of perjury

• Signature

Submit to:

Art Week Media, LLC

Email: legal@artweekmedia.com

We will respond in accordance with applicable law.

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20. Termination

We may suspend or terminate access:

• At any time

• For violations

• At our discretion

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21. Jurisdiction & Governing Law

These Terms are governed by the laws of the State of Florida.

You agree to exclusive jurisdiction in:

Miami-Dade County, Florida

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22. International Use

Users accessing the Platforms outside the U.S. do so at their own risk and are responsible for compliance with local laws.

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23. Changes to Terms

We may modify these Terms at any time.

Continued use constitutes acceptance of updated Terms.

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24. Miscellaneous

• If any provision is invalid, the remainder remains in effect

• Failure to enforce any provision is not a waiver

• These Terms constitute the entire agreement

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25. Contact

Art Week Media, LLC

Email: legal@artweekmedia.com

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