Terms & Conditions – Wildenstein Plattner Institute

Last Revised: April 18, 2024
Last Published: April 25, 2025

The following Website Terms & Conditions (the “Website Terms”) apply to all users of https://wpi.art/ and its associated internet pages, websites, subdomains, mobile versions, any associated applications and services (collectively, the “Site”) as operated by or at the direction of the Wildenstein Plattner Institute, Inc. (“the WPI,” “our,” “we,” or “us”).

The Website Terms represent a legally binding agreement between any individual using the Site, both on its own behalf and on behalf of any principal(s) for whose benefit or on whose direction it is seeking information (collectively, the “User”) and the WPI, with respect to User’s access to and/or use of any of the WPI’s digital catalogue raisonné projects (including any digital corpus; each such project, a “CR”) or any other WPI digital archive or database (each such project, an “Archive”) through the Site, whether such CR or Archive is accessed through the Site’s main webpage, a CR- or Archive-specific landing page, or otherwise, including through any direct hyperlink. When using the Site, User will be subject to any additional posted usage guides, guidelines or rules applicable to specific CRs or Archives, as may be posted from time to time on the portions of the Site displaying such CRs and/or Archives (collectively, “Guidelines”).

Together, Users and the WPI are each referred to herein individually as a “Party” or collectively as the “Parties.” All Guidelines are incorporated by reference into these Website Terms (the Guidelines and Website Terms collectively, the “Terms”), and in the event of a conflict between any CR- or Archive-specific Guidelines, on the one hand, and these Website Terms, on the other, the former shall prevail.

BEFORE USING THE SITE, PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY ACCESSING AND/OR USING THE SITE (INCLUDING ANY CR OR ARCHIVE), USER ACKNOWLEDGES THAT USER HAS READ, UNDERSTANDS, AND AGREES TO BE BOUND BY THESE TERMS, INCLUDING THE GUIDELINES, AND ANY FUTURE MODIFICATIONS THEREOF. IF AT ANY TIME USER DOES NOT AGREE TO THESE TERMS, USER SHOULD IMMEDIATELY TERMINATE USE OF THE SITE.

Privacy. User privacy is important to the WPI. The WPI’s Privacy Policy is incorporated into these Terms by reference; please read it carefully for information relating to the WPI’s collection, use and disclosure of personal information.
Modification of these Terms. The WPI reserves the right, at our discretion, to change, modify, add or remove portions of these Terms at any time for any reason, and we may notify User of such changes through any of a variety of means, including a change to the “Last Revised” date set forth above and other reasonable means to be determined at our discretion. All changes shall be effective immediately. Please check these Terms periodically for changes. User’s continued use of the Site after the posting of changes constitutes binding acceptance of such changes.
Account Information; Password.
1. In order to take advantage of certain Site functionality (including any Additional Services as that term is defined by paragraph 6 of these Terms, below), User will be required to create an account on the Site (an “Account”). In so doing, User must complete the account registration process by providing us with complete and accurate information (the “Account Information”). User grants to the WPI and to all other persons and entities involved in the operation of the Site the right to use, store, monitor, retrieve and transmit Account Information in connection with the operation of the Site and as otherwise provided herein. Our information collection and use policies with respect to the privacy of your account information are set forth in our Privacy Policy. Without limiting that policy, User acknowledges, consents, and agrees that the WPI may access, preserve and disclose User’s account information if required to do so by law or in a good-faith belief that such access preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms; (iii) provide certain customized features of the Site to User, if any; (iv) respond if User contacts the WPI for any reason; or (v) protect the rights, property, or personal safety of the WPI, its other Users, and the public. In addition, the WPI reserves the right to immediately terminate User’s Account at our sole discretion and without prior notice to User if, for example, User violate these Terms. Accounts terminated by the WPI for any type of abuse, including, without limitation, a violation of these Terms, may not be reactivated.
2. User must be the age of majority or older (18 in most states of the United States; older in some jurisdictions) to create an Account. While individuals under the age of 18 (but not younger than 13) may use the Site, they must do so only with the consent and involvement of a parent or legal guardian, under such person’s Account and otherwise subject to these Terms (including without limitation paragraph 5.i., below). The WPI does not seek through this Site to gather personal information from or about persons under the age of 13. NOTICE: Visit www.OnGuardOnline.gov for tips from the Federal Trade Commission on protecting children’s privacy online.
3. In creating an account with the Site, User will be asked to provide a password (the “Password”). As User will be responsible for all activities that occur under User’s Account, User should keep the Password confidential. The Site may implement technology that enables us to recognize User as the Account holder and provide User with direct access to the Account when User revisits the Site. User is solely responsible for maintaining the confidentiality of the Account and Password and for restricting access to User’s computer and other Site-compatible devices, and User agrees to accept responsibility for all activities that occur under the Account and/or Password. Where possible when accessing the Site through public or shared devices, User should log out at the completion of each visit. If User has reason to believe that either the Account or Password is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of User’s email address or any corresponding password), User shall immediately notify the WPI and report this incident to all of User’s card issuers, as well as local law enforcement agency(ies). USER IS SOLELY LIABLE FOR LOSSES INCURRED BY USER, THE WPI OR THIRD-PARTIES DUE TO ANY UNAUTHORIZED USE OF OR ACCESS TO USER’S ACCOUNT.
Disclaimers. User expressly acknowledges and agrees that:
1. The WPI is not necessarily the author of the materials comprising any CR or Archive, and neither it nor any contributing author (each, an “Author”) makes any representation or warranty with respect to any CR’s or Archive’s contents, including as to the completeness nor accuracy thereof.
2. The Site may contain certain historical information which is not current and is provided for reference only. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on our Site. User agrees that it is User’s responsibility to monitor changes to our Site.
3. The WPI will continue to study works of art attributed to the artists on whose oeuvres the CRs focus (collectively, “Artists”) in the years to come. Without limiting the foregoing paragraph 4.2., as new information comes to light and/or as information previously known is re-contextualized, the WPI will reexamine the findings of the Authors, if and as applicable. The WPI expressly reserves the right to amend any CR should new scholarship warrant the reconsideration of its current conclusions, including by withdrawing any Work previously included therein.
4. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE WPI DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM THE WPI OR THROUGH THE SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. USER EXPRESSLY AGREES THAT THE USE OF THE SITE IS AT USER’S SOLE RISK. THE SITE, EACH CR AND ARCHIVE, AND ALL CONTENTS OF ANY OF THE FOREGOING ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE,” “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE WPI DOES NOT WARRANT THAT THE SITE, OR ANY INFORMATION OFFERED ON OR THROUGH THE SITE, WILL BE UNINTERRUPTED, OR FREE OF ERRORS, TECHNICAL GLITCHES, HACKING, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
5. Without limiting the foregoing paragraph 4.4., no statement contained in any CR or Archive, including without limitation the appearance (i.e., inclusion) or non-appearance (i.e., exclusion) in any CR of any work of art currently or historically attributed to any Artist or considered for such attribution (each, a “Work”), is intended as nor shall be relied upon as a representation of fact; rather, each such statement is intended to be and shall constitute a statement of the opinion of its Author, based on the scholarly interpretation of the information and circumstances known to the Author at the time such statement was made.
6. One or more of the members of the WPI’s board may be in the business of buying and selling art as principal or as a dealer, including artworks by the Artists. The WPI was founded and is supported and/or governed by members of the Wildenstein and Plattner families, some of whom have large holdings of and/or extensive dealings with such artworks.
  The WPI retains the right to respond to any inquiry about any Work in any CR, including any inquiry received from any third-party who, in the WPI’s opinion and sole discretion, has a reasonable scholarly or economic interest in such Work. Notwithstanding the foregoing, the WPI has no obligation to respond to any such inquiries.
7. The WPI does not necessarily own copyright(s) in or to the images contained in any CR or Archive, and does not grant any license or permission to User to make any reproduction, distribution, or other use thereof.
8. In accessing the Site (including any CR or Archive), User may be exposed to images of Works that depict instances of graphic nudity and, on occasion, adult themes, or other content not authored or created by the WPI that may be considered offensive, indecent, or otherwise objectionable (collectively, “Adult Content”). The WPI does not censor Adult Content. If User allows any minor to access the Site through User’s account, User will be solely responsible for preventing them from accessing any Adult Content that User may deem inappropriate. Under no circumstances will the WPI be liable in any way for or in connection with any loss or damage of any kind incurred as a result of the access to or use of any such Adult Content posted or displayed on or otherwise transmitted through or from the Site.
Indemnification; Waiver of Claims. User hereby agrees to indemnify and hold harmless the WPI and its affiliates, officers, managers, directors, members, employees or agents or any of the past, current, or future members of the WPI and each of the representatives, successors, attorneys and assigns of any of the foregoing (collectively, the “Releasees”), from any and all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims, liabilities and demands whatsoever, at law, in equity or otherwise (including reasonable attorneys’ fees for counsel of the indemnified Releasee’s choice, including in-house counsel) (collectively, “Claims”) arising out of or relating to (i) User’s violation of these Terms and/or (ii) User’s use or misuse of the Site, including without limitation any Claim for liability or alleged liability for libel, slander, diminution in value, reliance, or any other claim with respect to any Work (including without limitation in connection with such Work’s inclusion in or exclusion from any CR). USER HEREBY KNOWINGLY AND VOLUNTARILY WAIVES AND RELINQUISHES ALL RIGHTS, IF ANY, TO BRING OR TAKE ANY ACTION OR MAKE ANY CLAIM AGAINST RELEASEES.
Additional Services. The WPI provides, at its sole discretion, certain additional services, including processing requests for inclusion of Works in forthcoming CRs and/or requests for information about whether a Work was recorded in certain historical archives (collectively with such other services as may be offered by the WPI from time to time, the “Additional Services”). More information about the Additional Services may be found on the portion of the Site accessed by clicking the button labeled Submit a Request. In seeking any Additional Services, User will be subject to the terms of any applicable request form or submission agreement (collectively, “Submission Agreements”), including without limitation any additional User representations or warranties required thereby and/or any additional WPI disclaimers set forth therein. In the event of a conflict between any Submission Agreement, on the one hand, and these Website Terms, on the other, the former shall prevail.
Site Access, Linking. The WPI grants User permission to use the Site as set forth in these Terms, provided that (i) use of the Site and any CR or Archive is solely for User’s personal, non-commercial use; (ii) except as expressly permitted in these Terms, User shall not download, reproduce, redistribute, retransmit, publish, resell, distribute, publicly display or otherwise use or exploit any portion of the Site in any medium without the WPI’s prior written authorization; (iii) User shall not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purposes; (iv) User shall not engage in any of the prohibited uses as described in paragraph 9 of these Terms, below; and (v) User shall fully comply with these Terms. The Site is controlled by the WPI from the United States of America. The WPI makes no representations that the Site is appropriate or available for use in other locations. If User is accessing or using the Site from other jurisdictions, User does so at his/her/its own risk, and is responsible for compliance with local laws.
Ownership of and Proprietary Rights to WPI Content; License to User Content. The Site, including all visual interfaces, interactive features, original content, design, compilation, computer code, software, WPI proprietary information and/or intellectual property (including copyrights, service marks, trademarks, and trade names), logos, selection, sequence, “look and feel,” arrangement of items, and all other elements of the Site that are provided by the WPI (collectively, “WPI Content”), are legally protected, without limitation, under U.S. federal and state laws and regulations, as well as applicable foreign laws, regulations and treaties. User shall not acquire any right, title or interest to the WPI Content, except for the limited rights expressly set forth in these Terms. To the extent that the Site, either currently or in the future, contains interactive features where Users can or may be able to submit, generate, or upload their own content, materials, information, text, data, copyrights, trademarks, designs, images, and other intellectual property owned by User (collectively, “User Content”), User will retain ownership to any and all of User’s respective User Content and these Terms do not deprive User of any rights therein and thereto. However, when User does submit or provide User Content, User is granting the WPI an unconditional, non-exclusive, royalty-free, transferable, sublicensable (through multiple tiers), worldwide, perpetual, and irrevocable right and license to access, copy, log, and process the User Content to provide, maintain, develop, and improve the Site, comply with applicable law, and enforce the Terms.
Prohibited Uses. As a condition of use of the Site, User hereby represents and warrants that User will not use the Site (including any CR or Archive) for any purpose that is unlawful or prohibited (including, without limitation, the prohibitions in this paragraph 9) by these Terms, and acknowledges that unauthorized or prohibited use of the Site may subject User to civil liability, criminal prosecution, or both under federal, state and local laws. Without limiting the foregoing:
1. User agrees not to reproduce, duplicate, copy, sell, resell, trade, license, exploit, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, reverse engineer, disassemble any software, attempt to discover the source code of, nor otherwise make unauthorized use of the Site, the WPI Content (including without limitation any CR, Archive) nor any part of any of the foregoing, including, without limitation, for purposes of training any machine learning or artificial intelligence (AI) or similar technologies now known or hereafter devised, including, without limitation, technologies that are capable of generating works in the same style or genre as any of the foregoing (i.e., “generative AI”), for any reason, whether for personal use, commercial use, or otherwise, without the prior written authorization of the WPI and any applicable licensors in each instance.
2. User agrees not to defame, harass, abuse, threaten, stalk or defraud third-parties through the Site, or collect, or attempt to collect, personal information about third-parties without their consent (or use the Site to engage in such conduct).
3. User agrees not to remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of any part of the Site, or features that enforce limitations on the use of the Site.
4. User agrees not to attempt to gain unauthorized access to the Site or the WPI Content (including without limitation any CR, Archive, or portion thereof), nor to any computer systems or networks connected to any of the foregoing, by or through any means, including without limitation (i) request, hacking, password mining or any other means; (ii) obtaining or attempting to obtain any materials or information through any means not intentionally made available through the Site; (iii) using or attempting to use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express prior written permission, or (iv) bypassing or attempting to bypass any other measures we may use to prevent or restrict access to the Site.
5. User agrees not to intentionally interfere with the proper working of the Site (including without limitation any CR, Archive, or portion thereof) or any activities conducted through the Site nor to damage, interrupt, overburden, impair, or disable the operation of the Site or any third-party’s use or enjoyment of it or seek to do any of the foregoing by or through any means, including without limitation by (i) uploading or otherwise disseminating viruses, worms, spyware, adware, or other malicious code, (ii) placing a disproportionate load on the Site with the intended result of denying service to third-parties, or (iii) sending mass unsolicited messages or “flooding” servers.
6. User agrees not to use framing techniques to enclose any WPI Content or any aspect of the Site (including without limitation any CR, Archive, or portion thereof), nor to use any meta tags or any other “hidden text” using any of the foregoing, without the prior written authorization of the WPI and any applicable licensors.
Procedures for Claimed Copyright Infringement.
1. The WPI respects the intellectual property rights of others and asks that Users do the same. If a User believes that their User Content or other copyrightable works or materials have been copied in a way that constitutes copyright infringement, in accordance with the U.S. Digital Millennium Copyright Act (as may be amended from time to time, the “DMCA”), User should provide the following information to the WPI’s registered agent, whose contact information is below: (i) an electronic or physical signature of the person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work that User claims has been infringed; (iii) a description of where the material (i.e., third-party User Content) User claims is infringing is located on the Site; (iv) User’s address, telephone number, and email address; (v) a statement that User has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or applicable law; and (vi) a statement made by User that User is the copyright owner or duly authorized to act on the copyright owner’s behalf. The WPI’s designated agent for receiving notices of claimed copyright infringement under the DMCA may be contacted as follows:
  
  Wildenstein Plattner Institute
  Attn: Elizabeth Gorayeb
  19 West 21st Street, Suite 702
  New York, NY 10010
  United States of America
  elizabeth.gorayeb@wpi-art.org
  
  Failure to include all of the above information, especially specific information about where infringing content may be found, will result in a delay in the processing of User’s DMCA notification of claimed infringement and may result in User having to repeat some or all of the above processes.
2. If the WPI receives notice of claimed copyright infringement in a manner that complies with the above requirements and the DMCA, the WPI will respond expeditiously by removing, or disabling access to, the User Content that is claimed to be infringing, as described below, or to be the subject of infringing activity. The WPI will also comply with the appropriate provisions of the DMCA in the event a counter-notification is received, as described below. The WPI may, at the WPI’s discretion, deny access to the Site by Users who may have infringed the copyright(s) of others.
3. If a User’s User Content was removed for copyright infringement pursuant to a notice of claimed infringement under the DMCA and a User would like to dispute the removal, such User may, pursuant to Section 512(g) of the DMCA, file a counter-notification by providing the WPI’s designated agent, at the email address set forth above, with a written communication that sets forth the items specified below. Please note that, under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that the WPI enforces a policy that provides for the termination, in appropriate circumstances, of Users who are infringers. Accordingly, if a User is not sure whether certain User Content infringes such User’s copyright or the copyrights of others, the WPI suggests that the User first contacts an attorney. To expedite the WPI’s ability to process a User’s counter-notification, the WPI asks that Users please do the following: (i) identify the specific URLs of (or other information sufficient to allow the WPI to identify) the User Content that the WPI has removed or to which the WPI has disabled access; (ii) provide the User’s full name, address, telephone number, email address; (iii) provide a statement that the User consents to the jurisdiction of the United States District Court for the judicial district in which the User’s address is located, or if the User’s address is outside of the United States, for any judicial district in which the WPI may be found, and that the User will accept service of process from the person who provided notification to the WPI’s agent in accordance with the process outlined above or an agent of such person; (iv) include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;” and (v) sign the notice. If a User is providing notice by email, a scanned physical signature or a valid electronic signature will be accepted. Send the communication to the following address:
  
  Wildenstein Plattner Institute
  Attn: Elizabeth Gorayeb
  19 West 21st Street, Suite 702
  New York, NY 10010
  
  After the WPI receives a User’s counter-notification, the WPI will forward it to the party who submitted the original notice of claimed copyright infringement. Please note that, when the WPI forwards the counter-notification, it includes any of a User’s personally identifiable information set forth in the counter-notification. By submitting a counter-notification, Users consent to having such personally identifiable information revealed in this way. The WPI will not forward the counter-notification to any party other than the original claimant. After the WPI sends out the counter-notification, the claimant must then notify the WPI within ten (10) days that he or she has filed an action seeking a court order to restrain the applicable User from engaging in infringing activity relating to such User’s User Content or other material on the Site. If the WPI receives such notification, the WPI will be unable to restore the items. If the WPI does not receive such notification, the WPI may, but is not obligated to, reinstate the disputed item(s).
  
  If a User resides outside of the United States, please understand that filing a counter-notice may lead to legal proceedings between such User and the complaining party to determine ownership of the copyrighted material that is subject to the notice of claimed infringement. Be aware that there may be adverse legal consequences in a User’s country and/or the United States if you make a false or bad faith allegation by using this process. Please also be advised that the WPI enforces a policy that provides for the termination in appropriate circumstances of access privileges for Users who are infringers. As such, if a User is not sure whether User Content posted by the User on the Site is being infringed, or are otherwise unsure of whether to file a counter-notification using these procedures, the WPI strongly recommends that such User first contacts a lawyer knowledgeable in the laws of the United States and the State of New York. If a User does wish to file a counter-notice, the User should follow the process for counter-notifications set forth above.
  
  THE WPI IS NOT YOUR ATTORNEY, AND THE INFORMATION THE WPI PRESENTS HERE IS NOT LEGAL ADVICE. THE WPI PRESENTS THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY. A USER SHOULD CONSULT WITH ITS OWN ATTORNEYS REGARDING ANY DMCA ACTIONS.
LIMITATIONS BY APPLICABLE LAW; BASIS OF THE BARGAIN.
1. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF USER RESIDES IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO USER TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE APPLICABLE JURISDICTION.
2. USER ACKNOWLEDGES AND AGREE THAT THE WPI HAS OFFERED ACCESS TO THE SITE AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN USER AND THE WPI, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN USER AND THE WPI. USER ACKNOWLEDGES AND AGREES THAT THE WPI WOULD NOT BE ABLE TO PROVIDE THE SITE TO USER ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
Dispute Resolution; Governing Law.
1. If, notwithstanding paragraph 5 of these Terms, above, User brings any Claim against any of the Releasees, such Claim, and any and all other disputes, claims or controversies arising out of or relating to this Agreement, shall be submitted for a mandatory mediation to Judicial Arbitration and Mediation Services, Inc. (“JAMS”) or another international provider of ADR chosen by the WPI in its sole discretion, and if the matter is not resolved through mediation, then it shall be submitted for final and binding arbitration in New York City (if to JAMS, pursuant to its Streamlined Arbitration Rules and Procedures).
2. User agrees that New York law, without regard to its conflicts of law principles, shall govern any action at law or in equity arising out of or relating to these Terms or the Site. Judgment on any award may be entered in any court having jurisdiction, for which purpose User hereby consents and submits to the personal and exclusive jurisdiction and venue of the federal and state courts of New York. This clause shall not preclude any Party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator shall, in the award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing Party.
3. In connection with any third-party Claim for which User is required under paragraph 5 of these Terms, above, to indemnify any Releasee, the WPI reserves the right, at such User’s expense, to assume the exclusive defense and control thereof, and User agrees to cooperate with our defense of such Claims. User agrees not to settle any Claim giving rise to User’s indemnification obligations without the prior written consent of the WPI. The WPI will use reasonable efforts to notify User of any such Claim upon becoming aware of it.
4. Without limiting the paragraphs 5 or 12.1-3 of these Terms, above, in any action or proceeding commenced to enforce any right or obligation under these Terms, USER HEREBY WAIVES ANY RIGHT USER MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
Feedback. User agrees that, with respect to any Submission Agreement, feedback, analysis, suggestions, and comments to the WPI provided by User (collectively, “Feedback”), in consideration of the WPI offering the Site free of charge, USER HEREBY GRANTS TO THE WPI THE EXCLUSIVE, PERPETUAL, IRREVOCABLE, AND WORLDWIDE RIGHT TO USE, COPY, DISPLAY, PERFORM, TRANSLATE, MODIFY, LICENSE, SUBLICENSE, AND OTHERWISE EXPLOIT ALL OR PART OF THE FEEDBACK OR ANY DERIVATIVE THEREOF IN ANY EMBODIMENT, MANNER, OR MEDIA NOW KNOWN OR HEREAFTER DEVISED, WITHOUT ANY REMUNERATION, COMPENSATION, OR CREDIT TO USER. User represents and warrants that User has the right to make the foregoing grant to the WPI and that none of the Feedback infringes any intellectual property or any other rights of third parties or violates applicable law. Notwithstanding the foregoing, the WPI grants to User a conditional, non-exclusive, royalty-free, non-transferable, non-sublicensable, worldwide, perpetual, and revocable right and license to use the Feedback for User’s own personal, non-commercial purposes that do not compete, directly or indirectly, with the WPI’s use of such Feedback.
Accessibility Statement. The WPI is committed to ensuring digital accessibility for people with disabilities. We are continually improving the user experience for all Users, and applying the relevant accessibility standards. The Web Content Accessibility Guidelines 2.1 (WCAG) defines requirements for website designers and developers to improve accessibility for people with disabilities. It defines three levels of conformance: Level A, Level AA, and Level AAA. WPI is in conformance with Level [__]. We welcome Users to submit suggestions and ideas to make the Site more accessible for all Users by email at info@wpi-art.org.
Notice for California Residents. Under California Civil Code Section 1789.3, users of the Site from California are entitled to receive information on how to resolve a complaint regarding the Site or to receive further information regarding use of the Site. Such complaints or requests may be submitted to the WPI by email at info@wpi-art.org.
Miscellaneous.
1. The WPI reserves all rights not expressly granted in these Terms. No provision of these Terms in favor or for the benefit of the WPI may be waived without a written instrument executed by the WPI. The failure of the WPI to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
2. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
3. The Terms and any rights and licenses granted hereunder, may not be transferred or assigned by User, but may be assigned by the WPI without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
4. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
5. These Terms (including any Guidelines) contain the entire agreement between the WPI and User with respect to User’s access to the Site and to each CR and Archive, and supersede any and all other prior and contemporaneous agreements and understandings between the Parties, whether oral or written, rendering all such prior agreements and understandings null and void.