TERMS OF USE
Welcome to the ART OF THIS CITY website! ART OF THIS CITY provides its services to you subject to the following conditions. If you visit this website, you accept these conditions. Please read them carefully.
Privacy
Please review our Privacy Policy which also governs your visit to our website, to understand our practices.
Electronic Communications
When you visit ART OF THIS CITY or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. No e-mail communication supersedes submission forms, participation forms, and submission fees and participation fees. No e-mail communication supersedes your selection of services you expect and purchase/receive from ART OF THIS CITY No shipping information is required when you purchase service from ART OF THIS CITY as ART OF THIS CITY and its affiliates do not sell items.
*Times Square participation is not optional when submission includes this selection. Specific submissions that are not sponsored must also participate of the TS feature. Fee cannot be waived.*
DIRECTORY
DIRECTORY renews yearly, 12 months from the date artist enrolls. It may be terminated at the sole discretion of Art in this City without prior notice.
DIRECTORY does not entail employment, representation nor partnership between artist and ART OF THIS CITY, its associates, agents, and/or partners.
Copyright
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Art of This City or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Art of This City, with copyright authorship for this collection by Art of This City and protected by international copyright laws.
ARTIST COPYRIGHT AGREEMENT: artists submitting images of their work agree that they own the copyright to the images being submitted to Art of This City, they agree that then images do not contain parts/logos/branding they hold non rights to. Any artist submitting images with logos/branding attest they have a legal right and brand permission to include the logos/brand in their images being submitted. For Times Square: the media company in TS will ask for confirmation of copyright 7-10 days prior to show dates, if the artist cannot confirm ownership of copyright of images or any portion thereof, artist will be given the opportunity to submit new images of their ownership. If artist does not submit new images no new show dates. No refund will be issued. Artists submitting images for shows/artsy/Times Square, must accept these terms as indicated in the submission form(s).
Trademarks
Art of This City’s trademarks and trade dress may not be used in connection with any product or service that is not Art of This City, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Art of This City. All other trademarks not owned by Art of This City or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Art of This City or its subsidiaries.
License and Site Access
Art of This City grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Art of This City. This license does not include any resale or commercial use of this site or its contents; any collection and use of any service listings, descriptions; any derivative use of this site or its contents; any downloading or copying of information for the benefit of another entity; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Art of This City. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of OK FRIDA and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Art of This City’s name or trademarks without the express written consent of Art of This City. Any unauthorized use terminates the permission or license granted by Art of This City. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Art of This City so long as the link does not portray Art of This City, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Art of This City logo or other proprietary graphic or trademark as part of the link without express written permission.
Reviews, Comments, Emails, and Other Content
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Art of This City reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Art of This City and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Art of This City and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you submit and post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Art of This City or its associates for all claims resulting from content you supply.Art of This City has the right but not the obligation to monitor and edit or remove any activity or content. Art of This City takes no responsibility and assumes no liability for any content submitted or posted by you or any third party.
Art of This City reserves the right to share any information that you submit or declare that acts in violation of these terms with the assigned governing entities.
Services Descriptions
Art of This City and its associates attempt to be as accurate as possible. However, OK FRIDA does not warrant that services descriptions or other content of this site is accurate, complete, reliable, current, or error-free. We reserve the right to cancel and delete content without prior notice.
Artists who defame, provoke, insult, threaten Art of This City or any of it’s subsidiaries, associates, sub-associates, partners collaborators, staff, agents, volunteers, may be removed from our website, social media, e-galleries without notice. No refunds will be issued.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY Art of This City ON AN “AS IS” AND “AS AVAILABLE” BASIS. Art of This City MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Art of This City DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Art of This City DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Art of This City ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Art of This City its associates and sub associates NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Applicable Law
By visiting Art of This City, you agree that the laws of the United States, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Art of This City or its associates.
Disputes
Any dispute relating in any way to your visit to Art of This City shall be submitted to confidential arbitration in New York, United States, except that, to the extent you have in any manner violated or threatened to violate Art of This City’s intellectual property rights, Art of This City may seek injunctive or other appropriate relief in any state or federal court in the state of New York, United States, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Falsely disputing services provided is considered a crime and will be shared in our reports with third party payment processors.
Site Policies, Modification, and Severability
Please review our other policies posted on this site. These policies also govern your visit to Art of This City. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
REFUDS / DISPUTES
Art of This City and its associates reserve the right not to issue refunds of fees, including submission fee(s), participation fee(s), e-gallery fee(s), and/or promotional fee(s), or any opt-in fees you wish to add. Selection of services to be indicated by you on the submission and/or participation form(s).
You are solely responsible for selecting the service you wish and to apply to the Open Call(s) you wish/select.
PA hereby informed that no shipping of any item is necessary by OK FRIDA.
Art of This City – ALL RIGHTS RESERVED