Legal / Terms of Use
Last updated: December 2, 2025
1. Who We Are
This website ("Hark") is an online platform for art criticism and discussion operated from New York, NY ("we," "us," "our"). By accessing or using the Site, you agree to these Terms of Use ("Terms"). If you do not agree, do not use the Site.
2. Eligibility & Account
You must be at least 13 years old (or the minimum age in your jurisdiction) to use the Site. If you create an account, you are responsible for keeping your login information secure and for all activity under your account.
3. Intellectual Property & Content
Our Content
All original content we create and publish on the Site (including text, design, and graphics) is owned by us or used with permission and is protected by copyright and other laws. You may not copy, reproduce, or distribute our content without our prior written consent, except for personal, non-commercial use or as otherwise allowed by law (e.g., fair use).
Your Content
By posting, submitting, or uploading any content to the Site ("User Content"), including criticism, comments, images, or discussion posts, you confirm you own or control the rights to the User Content, or have permission to post it. You agree not to post anything that infringes any copyright, trademark, or other rights of others; is defamatory, harassing, hateful, or otherwise unlawful; or contains personal data of others without their consent.
You grant us a worldwide, non-exclusive, royalty-free license to use, store, display, reproduce, modify (for formatting and technical purposes), and distribute your User Content in connection with the operation, promotion, and improvement of the Site. You retain all ownership rights in your User Content. We may, but are not obligated to, review, moderate, edit, or remove User Content at our sole discretion, including for violations of these Terms or applicable law.
4. Discussion Platform & Community Guidelines
You agree to use the discussion areas respectfully and lawfully. You will not:
- Harass, threaten, or abuse other users
- Post spam or commercial solicitations
- Impersonate any person or entity
- Attempt to bypass moderation tools or security features
We may suspend or terminate your access to the Site at any time, with or without notice, for behavior we believe violates these Terms or harms the community.
5. Copyright / DMCA Notices
If you believe content on the Site infringes your copyright, please contact us at [Insert email] with:
- Your name and contact information
- A description of the copyrighted work you claim is infringed
- A link or description of the allegedly infringing material on the Site
- A statement that you have a good-faith belief the use is not authorized
- A statement under penalty of perjury that your notice is accurate and that you are the copyright owner or authorized to act on their behalf
Upon receiving a proper notice, we will investigate and may remove the content in our discretion.
6. No Professional Advice
Content on the Site is for informational and artistic discussion purposes only and does not constitute legal, financial, or other professional advice.
7. Disclaimers & Limitation of Liability
The Site and all content are provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of accuracy, non-infringement, or fitness for a particular purpose.
To the fullest extent permitted by law, we are not liable for any:
- Indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, or goodwill arising from or related to your use of the Site, even if we have been advised of the possibility of such damages.
8. Third-Party Links
The Site may contain links to third-party websites or services. We do not control and are not responsible for the content, policies, or practices of third-party sites.
9. Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the "Last updated" date above. Your continued use of the Site after changes are posted means you accept the updated Terms.
10. Governing Law & Venue
These Terms are governed by the laws of the State of New York and applicable U.S. federal law, without regard to conflict-of-law rules. Any disputes arising out of or relating to the Site or these Terms will be resolved in the state or federal courts located in New York County, New York, and you consent to personal jurisdiction in those courts.
11. Contact Us
If you have questions about these Terms, please contact us at: Email: admin@harkart.org
