Terms and Conditions/Waiver for Digital Public Exhibition | back to submission form
Museum of the Palestinian People, Washington, DC
This agreement is entered into by the artist/copyright holder/owner (hereinafter the “Artist”) digitally submitting works of art for a virtual (on-line) “exhibition” with the Museum of the Palestinian People (hereinafter the “MPP”). It is in effect upon the Artist’s submission of said artwork via the web-based form and by clicking the “Submit” button.
ARTICLE I — GENERAL REQUIREMENTS
Section 1: Artwork(s) must be submitted via digital image file and be ‘installation ready’ without alteration or modification.
Section 2: Artist represents and warrants that he or she: (a) is the sole creator of the Artwork; (b) is the owner of the Artwork and all of the rights under copyright in the Artwork; (c) has full authority to loan the Artwork image and grant the rights provided in this Agreement. Artist further represents and warrants that nothing in the Artwork defames any person or entity, infringes any copyright, or otherwise violates the rights of any third party.
Section 3: Artist must send a brief biography/artist statement via email as well as an up-to-date curriculum vitae.
Section 4: Written material about the artwork (including title, artist, source (if applicable), media, dimensions, description) must be accurate to the best of the knowledge of the Artist.
Section 5: If the Artist wishes to link the artwork(s) to an ecommerce system or means of customer inquiry for sales, such arrangement will be made separately from this agreement.
ARTICLE II — REJECTION/EXHIBITION DATES
Section 1: The MPP reserves the right not to exhibit a work selected for inclusion for any reason without explanation.
Section 2: The term of the exhibition begins when the Artwork(s) is digitally submitted to the MPP, and shall run through the Exhibit end date.
Section 3: As the exhibit is not physical, the MPP reserves the right to archive the digital presentation and make it available indefinitely.
ARTICLE III — MISCELLANEOUS
Section 1: Nothing contained in this Agreement creates a joint venture, partnership, or agency relationship between the parties.
Section 2: If a court of competent jurisdiction determines any Agreement provision to any extent to be invalid or unenforceable, the remainder of this Agreement will not be affected, and each remaining Agreement provision will be valid and enforceable to the fullest extent permitted by law. If any Agreement provision is capable of more than one construction, one of which would render the provision void and any other of which would render the provision valid, the provision has the meaning that renders it valid.
Section 3: The laws of the District of Columbia, except its conflicts of law provisions, will govern this Agreement. The venue for any action arising under this Agreement will be the District or federal courts located in Washington, DC, and each party hereby submits to the jurisdiction of those courts.
Section 4: The headings used in this Agreement are for convenience only and shall not be used for purposes of interpreting any provision of this Agreement.
ARTICLE IV — WAIVER
Section 1: Artist grants to MPP: (a) the right to display the Artwork online as submitted and as modified to appear in a virtual tour of the exhibition gallery; and (b) the irrevocable right to use images of the Artwork in materials about or relating to the exhibition of the Artwork and/or the MPP, and to allow others to do so, in all media now known or later developed and including the Internet and the World Wide Web, provided that such use shall not be for commercial purposes. This grant shall survive the termination of this Agreement.
Section 2: Personality Rights. Artist grants MPP the irrevocable right to use Artist’s name, photograph, likeness, and biography in connection with MPP’s exercise of the rights granted in this Agreement. The grant shall survive the termination of this Agreement.
Section 3: By agreeing to these terms and conditions, the Artist hereby agrees to indemnify and hold the MPP, employees/volunteers or designated representatives, harmless from any type of intellectual property infringement, including but not limited to patent, copyright or trademark infringement.
Section 4: The Artist also agrees to waive any personal injury or property damage claim, now or in the future, that he/she may suffer as a result of the “exhibition”, and agrees to indemnify and hold the MPP, employees/volunteers and designated representatives, harmless from any personal injury or property damage claim, now or in the future, that they may suffer or cause at the “exhibition”.
The Artist represents and warrants that they have read this Artist Waiver Form in its entirety and fully understand its contents. He/She has agreed to the waiver voluntarily and of their own free will.
The Artist further releases and holds harmless the MPP, its Board of Directors,employees/volunteers or representatives from and against any and all claims of injury or damages relating to the above provisions.
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