NONSUCH FOUNDATION

Throughout these Terms & Conditions, the Nonsuch Foundation may be referred to as “the Foundation,” “we,” “us,” or “our.” “You” and “your” refer to any individual or entity accessing or using this website for any purpose.

1. Acceptance of Terms

By accessing nonsuchfoundation.com, you confirm that you have read, understood, and agree to be bound by these Terms & Conditions in their entirety. If you do not agree, you must immediately discontinue use of this website. These Terms constitute a legally binding agreement between you and the Nonsuch Foundation. We reserve the right to modify these Terms at any time without prior individual notice. Changes take effect upon posting to this page. Your continued use of the website following any modification constitutes your acceptance of the revised Terms. We recommend reviewing this page periodically.

2. Eligibility

This website is intended for users who are at least 18 years of age. By using this site, you represent and warrant that you meet this age requirement. If you are between the ages of 13 and 18, you may use this website only with the active involvement and documented consent of a parent or legal guardian. We do not knowingly collect personal information from children under 13, consistent with the Children’s Online Privacy Protection Act (COPPA) and equivalent international regulations. If we become aware that a child under 13 has submitted personal information without verifiable parental consent, we will delete that information promptly.

3. Nature of Content — Educational Disclaimer

The Nonsuch Foundation is a private art foundation providing a platform for art education, cultural initiatives, and scholarly engagement. All articles, research summaries, podcast content, Reflections, and resources published on this website are provided for informational and educational purposes only. They represent editorial opinion and cultural commentary, not professional legal, financial, medical, or investment advice.
We make no representations, warranties, or guarantees, express or implied, regarding the accuracy, completeness, timeliness, or reliability of any content on this website. Any reliance you place on this content is strictly at your own risk. The Foundation accepts no liability for errors, omissions, or outcomes resulting from use of or reliance on any material published here. The views expressed in editorial content, including Reflections and podcast summaries, are those of the respective authors and do not necessarily represent the institutional views of the Nonsuch Foundation.

4. Foundation-Owned Intellectual Property

All original content produced by or for the Nonsuch Foundation, including but not limited to editorial writing, podcast scripts, blog articles, website copy, graphic design, page layouts, logos, the Nonsuch Foundation name and wordmark, and all branding elements, is the exclusive intellectual property of the Nonsuch Foundation. This content is protected under applicable copyright, trademark, and intellectual property laws in all applicable jurisdictions.
Unauthorized reproduction, distribution, adaptation, republication, public display, or commercial use of any Foundation-owned content, in whole or in part, without prior written permission from the Nonsuch Foundation is strictly prohibited. Permission requests must be submitted in writing through the contact channels provided in Section 18.

5. Photography of Collected Artworks and Third-Party Works

The Nonsuch Foundation maintains a private collection of original artworks by contemporary artists. Photographs of works in this collection, produced by or on behalf of the Foundation, constitute original photographic works protected by copyright. The Foundation holds copyright in those photographs as independent creative works, separate from the copyright in the underlying artwork, which remains the exclusive property of the respective artist or rights holder.
Both the photographic copyright held by the Foundation and the underlying artistic copyright held by the creating artist or their estate are protected. Unauthorized downloading, reproduction, screen capture, redistribution, licensing, or commercial use of any image of collected artworks appearing on this website infringes upon one or both of these protected rights and may give rise to civil and criminal liability under applicable copyright law.
Where photographs of third-party works, including books, publications, or objects not produced by the Foundation, appear on this website for editorial or educational purposes, such images are displayed under applicable license, fair use principles, or with the permission of the relevant rights holder. The Foundation makes no claim of copyright ownership over the underlying works depicted in such photographs. Nothing on this website grants any user a license to reproduce, distribute, or commercially exploit those underlying works.
The display of any artwork, photograph, or image on this website does not constitute a transfer of any intellectual property rights to the viewer.

6. Third-Party Licensed Images — Editorial Use

Certain images appearing on this website, primarily within blog articles and editorial content, are sourced from licensed third-party platforms, including, but not limited to, Unsplash. These images are used strictly for non-commercial editorial and educational illustration purposes. The Foundation does not claim ownership of these images. All copyright in these images remains with the respective photographers and rights holders.
The Foundation is not responsible for, and expressly disclaims liability in connection with, any third-party misappropriation or unauthorized use of such licensed images by parties who access this website. Any such misuse is the sole responsibility of the infringing party. Users of this website are prohibited from downloading, reproducing, or redistributing any third-party licensed images displayed herein.

7. Artist Rights and Non-Affiliation

All artist names, artwork titles, trademarks, and brand references appearing on this website remain the exclusive property of their respective owners and creators. The inclusion of any artist’s work or name on this platform does not imply affiliation, representation, endorsement, or any commercial or contractual relationship between that artist and the Nonsuch Foundation, unless explicitly stated in writing by the Foundation.
Users are strictly prohibited from downloading, reproducing, screen-capturing, or otherwise exploiting any artwork or artist image appearing on this website for any purpose, commercial or otherwise. All such content is displayed solely for educational and cultural purposes.

8. DMCA Copyright Protection and Takedown Procedure

The Nonsuch Foundation actively asserts its copyright interests in all original photographic works and Foundation-produced content appearing on this website. If you become aware of any unauthorized reproduction or use of content from this website by a third party, we encourage you to notify us using the contact information in Section 18.
If you believe that content appearing on this website infringes your copyright, you may submit a written notice to our designated representative containing the following:
(a) Identification of the copyrighted work you claim has been infringed;
(b) Identification of the specific material on our site that you claim is infringing, with sufficient detail for us to locate it;
(c) Your name, address, telephone number, and email address;
(d) A statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or applicable law;
(e) A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Notices should be directed to the Nonsuch Foundation through the contact information provided in Section 18. We will respond to valid notices in good faith and in accordance with applicable law.

9. Shop, Publications, and Third-Party Fulfillment

The Nonsuch Foundation operates a publishing arm through which it produces original publications, including books and reference materials. All intellectual property rights in Foundation-published works, including text, images, design, and editorial content, remain the exclusive property of the Nonsuch Foundation or the respective contributing authors and artists, as applicable and as governed by individual agreements. Unauthorized reproduction or distribution of any Foundation publication, in whole or in part, is strictly prohibited.
The website may also feature or reference third-party publications and materials consistent with our educational mission. The Foundation does not claim ownership of those third-party works. Their inclusion on this website is for informational purposes only and does not imply affiliation, endorsement, or any commercial relationship with the publisher or author unless explicitly stated.
The Foundation does not process financial transactions directly on this website. Purchase links direct you to independent third-party fulfillment platforms. We are not a party to any transaction you enter into with those platforms. We are not responsible for their business practices, payment processing, pricing, shipping, delivery timelines, product condition, or dispute resolution. Any disputes regarding fulfillment must be resolved directly with the applicable retailer or platform.
Where any affiliate or referral relationship exists between the Foundation and a linked retailer, such relationship will be disclosed in accordance with applicable FTC guidelines and equivalent international regulations. The absence of such disclosure indicates no such relationship exists.
Nothing in this section limits any rights you may have under applicable consumer protection laws in your jurisdiction.

10. Prohibited Uses and Automated Access

You agree not to use this website for any unlawful purpose or in any manner that could damage, disable, overburden, or impair the site’s functionality or the rights of other users. The following are expressly prohibited:
(a) Scraping, crawling, or extracting any data or content from this website by automated means, including but not limited to bots, spiders, or scrapers;
(b) Using any content, data, images, or materials from this website for the purpose of training, fine-tuning, benchmarking, or developing artificial intelligence or machine learning models of any kind;
(c) Injecting malicious code, malware, or unauthorized scripts into this website, or otherwise interfering with its security, integrity, or availability;
(d) Misrepresenting your identity or affiliation with any person or entity;
(e) Using this website in any manner that violates applicable local, national, or international law or regulation.
Unauthorized automated access to this website, including scraping and AI training use, constitutes a violation of these Terms and may constitute unauthorized access under the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. Section 1030, the EU Directive on attacks against information systems (Directive 2013/40/EU), and equivalent laws in other jurisdictions. The Foundation reserves the right to pursue all available legal and equitable remedies for such violations, including injunctive relief and monetary damages.

11. Data Privacy and Minimization

We operate under a strict data minimization policy. We do not passively track, retain, profile, or sell user data. We do not use cookies for behavioral tracking or advertising. We do not serve third-party advertisements on this website.
We collect personal information only when you voluntarily submit it, for example by sending an inquiry via email or opting into a newsletter. Data you submit voluntarily is used solely to fulfill the purpose for which it was provided and is not shared with third parties for marketing purposes.
Visitors from the European Union should be aware that rights under the General Data Protection Regulation (GDPR) attach based on residency, not on the Foundation’s location. Where those rights apply, you may request access to, correction of, or deletion of any personal data we hold about you by contacting us through the information in Section 18. We will respond to verified requests within the timeframes required by applicable law.
Visitors from California should be aware that rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) apply regardless of the Foundation’s jurisdiction. We do not sell personal information. We do not share personal information with third parties for cross-context behavioral advertising. California residents may submit verified requests regarding their personal information through the contact information in Section 18.
We are not responsible for the content or security of any information transmitted to us via external third-party email providers or platforms. Our Privacy Policy, available separately on this website, contains additional detail regarding our data practices.

12. Disclaimer of Warranties

This website is provided on an “as is” and “as available” basis without any warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, or uninterrupted availability. We do not warrant that this website will be error-free, virus-free, or free from other harmful components, or that any defects will be corrected. We make no warranty that the website or its content will meet your requirements or expectations.

13. Limitation of Liability

To the maximum extent permitted by applicable law, the Nonsuch Foundation, its directors, officers, employees, agents, and affiliates shall not be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages arising from or related to:
(a) Your access to or use of, or inability to access or use, this website;
(b) Any content published on or linked from this website;
(c) Unauthorized access to or alteration of your transmissions or data;
(d) Any transactions, disputes, or interactions with third-party retailers, publishers, or platforms linked from this site;
(e) Any third-party misappropriation of images or content accessed through this website;
(f) System downtime, data loss, or any technical failure.
This limitation applies regardless of the legal theory asserted, whether contract, tort, negligence, strict liability, or otherwise, and even if the Foundation has been advised of the possibility of such damages. In jurisdictions that do not permit the exclusion or limitation of certain damages, the Foundation’s liability is limited to the fullest extent permitted by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless the Nonsuch Foundation and its directors, officers, employees, agents, licensors, and affiliates from and against any and all claims, demands, actions, proceedings, damages, losses, costs, liabilities, and expenses, including reasonable attorneys’ fees at all stages of litigation and appeal, arising out of or related to:
(a) Your access to or use of this website;
(b) Your violation of these Terms & Conditions;
(c) Your violation of any applicable law or any right of a third party, including intellectual property rights, privacy rights, or rights of publicity;
(d) Any unauthorized downloading, reproduction, or commercial use of artistic content, photographs, or publications found on this platform;
(e) Any claim that your use of this website caused damage to a third party.
This indemnification obligation survives the termination of your access to this website and the expiration of these Terms.

15. Class Action Waiver

You agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of this website shall be resolved on an individual basis only. You expressly waive any right to bring or participate in a class action, collective action, representative action, consolidated proceeding, or private attorney general action in connection with any such dispute. Any proceedings to resolve a dispute will be conducted solely on an individual basis.

16. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the British Virgin Islands, without regard to its conflict-of-law provisions. You irrevocably consent to the exclusive jurisdiction of the competent courts located in the British Virgin Islands for the resolution of any dispute arising under or in connection with these Terms.
Nothing in this clause limits the Foundation’s right to seek injunctive relief, specific performance, or other equitable remedies in any court of competent jurisdiction where necessary to prevent or remedy irreparable harm, including but not limited to unauthorized use of intellectual property or proprietary content.

17. Accessibility

We are committed to making our educational content broadly accessible. If you encounter an accessibility barrier on this website, please notify us in writing through the contact channels provided in Section 18. We will make reasonable good-faith efforts to address the issue within thirty (30) days of receiving written notice before you pursue any legal or regulatory remedy.

18. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed entirely if modification is not possible. The remaining provisions shall continue in full force and effect and shall not be affected by the invalidity or unenforceability of any single provision.

19. Entire Agreement

These Terms & Conditions, together with the Nonsuch Foundation Privacy Policy, constitute the entire agreement between you and the Nonsuch Foundation with respect to your use of this website. They supersede all prior and contemporaneous agreements, representations, and understandings, whether written or oral, relating to that subject matter.

20. Contact Information

Questions regarding these Terms, DMCA notices, permission requests for content use, or data privacy inquiries should be directed to the Nonsuch Foundation through the contact channels provided on the website.