Terms & Conditions

Governing Use of the African Portrait Gallery Platform

Welcome to the website of the African Portrait Gallery (“APG,” “we,” “our,” or “us”). These Terms & Conditions (“Terms”) govern your access to and use of the African Portrait Gallery website, digital platform, forms, content, programs, and related services collectively referred to as “Our Site.”

By accessing, browsing, submitting information through, or otherwise using Our Site, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree with any part of these Terms, you should not use this website.

These Terms should be read together with APG’s Privacy Policy and any other policies, guidelines, or notices published on Our Site.

1. About the African Portrait Gallery

The African Portrait Gallery is a cultural, archival, artistic, and educational institution dedicated to documenting, preserving, interpreting, and honoring the lives and contributions of individuals whose work has shaped Africa, people of African descent, and the wider human community.

Our Site serves as an informational, archival, curatorial, membership, application, partnership, exhibition, and support platform for APG’s institutional activities.

2. Legal Agreement

These Terms constitute a legal agreement between you and APG. They contain important information regarding your rights, responsibilities, obligations, and limitations when using Our Site.

By using any portion of Our Site, including submitting forms, uploading materials, viewing content, applying for membership, supporting APG, or engaging with APG’s programs, you agree to comply with these Terms and all applicable laws and regulations.

3. Use of the Website

You agree to use Our Site only for lawful purposes and in a manner consistent with the mission, integrity, reputation, and institutional values of APG.

You agree not to:

• Submit false, misleading, fraudulent, incomplete, or inaccurate information;
• Upload, submit, or transmit content that infringes on copyright, trademark, privacy, publicity, moral, or other rights;
• Introduce viruses, malware, harmful code, disruptive materials, or unauthorized software;
• Attempt to gain unauthorized access to Our Site, servers, databases, accounts, systems, or networks;
• Use Our Site in a way that damages, disables, overburdens, or impairs its operation;
• Misrepresent your identity, affiliation, authority, or relationship with any person or organization;
• Use APG’s name, content, marks, images, or institutional identity in a misleading or unauthorized manner.

APG reserves the right to restrict, suspend, refuse, or terminate access to Our Site, forms, programs, or services where misuse, abuse, misrepresentation, infringement, or unlawful conduct is suspected.

4. Applications, Membership, Partnerships, and Submissions

Our Site may provide forms and submission channels for APG-related activities, including but not limited to:

• Membership applications;
• Artist, photographer, writer, researcher, volunteer, or contributor applications;
• Partnership inquiries;
• Support, donation, sponsorship, and resource contribution activities;
• Mentorship, leadership, exhibition, archive, competition, and curatorial-related submissions;
• Portrait commissions, nominations, recommendations, and profile submissions.

By submitting information or materials to APG, you confirm that:

• All information you provide is accurate, truthful, and complete to the best of your knowledge;
• You have the right, authority, and permission to submit the information or materials provided;
• Your submission does not violate the rights of any third party;
• Your submission does not guarantee acceptance, approval, publication, exhibition, partnership, membership, funding, mentorship, or engagement;
• APG may review, evaluate, archive, respond to, or decline submissions at its sole discretion.

APG is not obligated to accept, approve, publish, display, archive, respond to, or act upon every submission received.

5. Intellectual Property

A. APG Content

All non-user-generated content made available on Our Site, including but not limited to text, images, artworks, photographs, graphics, videos, audio, design, layout, structure, branding, logos, names, concepts, page architecture, user interface, navigation, visual presentation, written materials, and institutional language, is owned by APG or used with permission.

This content is protected by applicable copyright, trademark, intellectual property, moral rights, and other laws. You do not acquire ownership rights in any APG content by accessing, browsing, or using Our Site.

Unless expressly permitted in writing by APG, you may not copy, reproduce, modify, distribute, transmit, publish, display, perform, sell, adapt, create derivative works from, or otherwise exploit APG content for commercial, public, institutional, or promotional purposes.

B. APG Names, Marks, and Institutional Identity

The names, titles, marks, program names, room names, project names, logos, and institutional expressions associated with APG are part of APG’s identity and may not be used without permission. These may include, where applicable, names such as:

• African Portrait Gallery;
• APG;
• APG Art Competition;
• APG Portrait Exhibition;
• My African Hero;
• The LightRoom;
• The DarkRoom;
• The Evergreen Room;
• APG Young Readers Series;
• Other APG programs, exhibitions, collections, or institutional projects.

All other trade names, trademarks, service marks, logos, or institutional names appearing on Our Site belong to their respective owners.

6. User Content and Submitted Materials

Certain features of Our Site may allow users to post, upload, transmit, submit, or provide materials, including but not limited to images, portraits, photographs, portfolios, writings, essays, documents, biographies, applications, proposals, videos, audio materials, artwork, or other content (“Your Content”).

By submitting Your Content to APG, you represent and warrant that:

• Your Content is original to you, or you have all necessary rights, licenses, consents, and permissions to submit it;
• Your Content does not infringe upon any copyright, trademark, privacy, publicity, moral, contractual, or other rights;
• Your Content does not contain unlawful, defamatory, abusive, fraudulent, obscene, harmful, or misleading material;
• You are responsible for the accuracy, legality, and appropriateness of Your Content.

Unless otherwise agreed in writing, submitting materials to APG grants APG a non-exclusive, limited right to receive, review, store, evaluate, classify, and internally process such materials for institutional, curatorial, administrative, archival, application, partnership, or program-related purposes.

APG will not publicly display, publish, promote, exhibit, sell, or commercially exploit submitted materials without appropriate consent where required by law, agreement, or institutional policy.

Where you knowingly submit materials for publication, exhibition, competition, archive inclusion, promotion, or public display, you grant APG a non-exclusive, royalty-free, worldwide license to use, reproduce, display, publish, and promote such materials in connection with APG’s mission, programs, exhibitions, archives, educational activities, and communications, subject to APG’s policies and any applicable written agreements.

7. Consent, Likeness, and Biographical Information

If you submit your name, likeness, photograph, video, biography, personal story, profile, portfolio, or other identifying information to APG, you confirm that you have the right to do so.

Where such materials are submitted for consideration, review, publication, competition, exhibition, membership, mentorship, partnership, or archive-related purposes, APG may use them only in a manner consistent with the purpose of the submission, applicable consent, and APG’s institutional policies.

If you submit materials concerning another person, you are responsible for obtaining any required permission, release, consent, or authorization from that person or their authorized representative.

8. No Guarantee of Outcome

APG does not guarantee any specific outcome from use of Our Site or from any application, submission, donation, inquiry, nomination, recommendation, or participation in APG-related activities.

APG does not guarantee:

• Acceptance into membership;
• Approval of partnership proposals;
• Publication or display of submitted materials;
• Inclusion in exhibitions, archives, galleries, rooms, collections, or programs;
• Selection for mentorship, leadership, educational, artistic, or support opportunities;
• Receipt of funding, sponsorship, grants, awards, commissions, or other assistance;
• Recognition, endorsement, or institutional affiliation.

All APG decisions are made based on curatorial, ethical, institutional, operational, artistic, educational, legal, and mission-related considerations.

9. Donations, Sponsorship, and Support

Support provided to APG, whether financial, material, artistic, professional, technical, intellectual, advisory, or in-kind, is voluntary unless governed by a separate written agreement.

APG will make reasonable efforts to apply support toward its stated mission, programs, exhibitions, archives, educational activities, operational needs, and institutional development.

Unless otherwise formally agreed in writing:

• Contributions do not guarantee specific outcomes, influence, control, selection, recognition, or curatorial decisions;
• Recognition, acknowledgment, naming, publicity, or donor visibility remains at APG’s discretion;
• Support does not create ownership rights in APG, its collections, programs, archives, or institutional decisions.

10. Third-Party Links and Services

Our Site may include links to third-party websites, platforms, tools, payment processors, social media pages, embedded media, forms, or other external services.

APG is not responsible for the content, policies, security, privacy practices, accuracy, reliability, or availability of any third-party websites or services. Accessing third-party services is done at your own discretion and risk.

11. Privacy

Use of Our Site is also governed by APG’s Privacy Policy or Privacy Statement, which explains how personal information may be collected, used, stored, shared, and protected.

Users are encouraged to review the Privacy Policy carefully before submitting personal information through Our Site.

12. Limitation of Liability

To the fullest extent permitted by applicable law, APG, its directors, officers, trustees, employees, advisors, partners, contributors, volunteers, representatives, and affiliated parties shall not be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages arising from or related to:

• Your access to, use of, or inability to use Our Site;
• Errors, omissions, interruptions, delays, defects, or technical failures;
• Unauthorized access to or alteration of submissions, data, or communications;
• Third-party websites, services, content, or platforms linked to or from Our Site;
• Any decision made by APG regarding applications, submissions, membership, exhibitions, archives, support, partnerships, or programs.

APG does not guarantee that Our Site will be uninterrupted, secure, error-free, virus-free, or available at all times. Users access and use Our Site at their own risk.

13. Indemnification

You agree to indemnify, defend, and hold harmless APG, its directors, officers, trustees, employees, advisors, partners, contributors, volunteers, representatives, and affiliated parties from and against any claims, liabilities, damages, losses, costs, expenses, or fees, including reasonable legal fees, arising from or related to:

• Your use or misuse of Our Site;
• Your violation of these Terms;
• Your violation of any law or third-party right;
• Your submission of false, misleading, infringing, unlawful, or unauthorized materials;
• Your Content, likeness, biography, images, documents, or other materials submitted to APG.

14. Modification, Suspension, or Termination of the Website

APG reserves the right, at its sole discretion, to modify, suspend, discontinue, restrict, refuse, or terminate any part of Our Site, services, features, forms, programs, content, or user access, temporarily or permanently, for any reason and without prior notice.

APG shall not be liable to any user or third party for any modification, suspension, discontinuance, restriction, refusal, or termination of Our Site or any related service.

15. Changes to These Terms

APG may update, revise, or modify these Terms from time to time. Any updated version may be posted on this page or otherwise made available through Our Site.

Continued use of Our Site after updated Terms are posted constitutes acceptance of the revised Terms. If you do not agree to the updated Terms, you should discontinue use of Our Site.

16. Governing Law

These Terms shall be governed, interpreted, and enforced in accordance with the laws of the United States and the applicable laws of the state in which APG is registered, without regard to conflict of law principles.

17. Contact Information

For questions, concerns, or requests regarding these Terms & Conditions, please contact:

African Portrait Gallery (APG)
Email: info@africanportraitgallery.org

Final Note

The African Portrait Gallery operates with a commitment to integrity, cultural responsibility, artistic excellence, archival seriousness, and institutional rigor. These Terms exist to ensure that all interactions with APG’s platform reflect those principles and protect the mission, users, contributors, partners, and institutional identity of APG.