Legal Notices

The Museum of Fantasy Art website (“Site”) is provided to you under these terms and conditions (“Terms and Conditions”). The Museum of Fantasy Art (“MOFA”) may at any time revise these Terms and Conditions by updating this posting. By accessing, browsing, or using the Site, you accept and agree to, without limitation or qualification, these Terms and Conditions (and any amendments). You are encouraged to visit this page from time to time to review the current Terms and Conditions.

Link-Exchange Policy

The Museum of Fantasy Art is pleased to have you link from your website to the Museum of Fantasy Art website, located at www.themuseumoffantasyart.org, provided you follow the guidelines listed below.

You should identify the Museum of Fantasy Art in one of the following ways:

• by name with statutory trademark notice: Museum of Fantasy Art
• by URL:www.themuseumoffantasyart.org

You may not reproduce the Museum of Fantasy Art’s logo without express permission from the Museum of Fantasy Art.

You may not frame or transport viewers to any other location outside the MOFA website using the MOFA name, or any variation thereof, without the prior written permission of the Museum of Fantasy Art.

Linking to the Museum of Fantasy Art website does not grant you any ownership rights or interest in or to the Museum of Fantasy Art name or any variation thereof.

You acknowledge that you have read and understood the rest of Museum of Fantasy Art standard Terms and Conditions. You accept the terms and conditions set forth and agree to abide by you, including, but not limited to, obtaining, at your sole expense and based on your sole legal judgment, any copyright or other intellectual property rights from third parties required under local, state, or federal law to use any image from our website.

The Museum of Fantasy Art has no obligation to link from its website to your website or to provide any reciprocal service of any kind.

If you have any questions about this policy, please contact MOFA at museumoffantasyart@outlook.com

Copyrights and Fair Use

The text, images, data, audio and video clips, and other content on the Site (“Materials”) may be protected by copyright, and other restrictions, of MOFA and third parties. You may use this Site and the Materials for noncommercial educational and personal use and for “fair use” as authorized under law, provided that you also retain all copyright and other proprietary notices contained on the materials and cite the author and source of the materials.

Except as otherwise provided, you may not copy, distribute, modify, transmit, download, or otherwise use the contents of the Site for commercial purposes without the express prior written permission of MOFA. 

Works of art and other Materials appearing on the Site, even if owned by the Museum of Fantasy Art, may be protected by copyright, trademark, or publicity rights or other interests that are not owned by MOFA. MOFA MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO YOUR RIGHT TO REPRODUCE OR OTHERWISE USE ANY MATERIALS, INCLUDING WORKS OF ART, ON THE SITE. It is your sole responsibility to (a) determine if it is necessary or prudent to obtain any third-party rights or permissions for your use and/or if the fair use doctrine or other legal defense is applicable to your use, and (b) identify and obtain whatever copyright or other permissions may be required (if any) from an artist, agent, estate, or any other third-party rights holder or representative. You agree to fully indemnify and hold harmless MOFA and its trustees, officers, employees, and agents against any and all claims, demands, liabilities, damages, and/or expenses of any nature, including without limitation reasonable attorney fees, arising out of or related to your use of Materials on the Site.

Trademarks

The institutional names, exhibition names, and other trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on the Site, including “Museum of Fantasy Art,” the “Sorceress and Unicorn” image and variations thereof, are Trademarks of the Museum of Fantasy Art. The Trademarks of third parties may also be displayed on this Site. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the prior written permission of the Museum of Fantasy Art or such third party that may own the Trademarks displayed on the Site. Any unauthorized use of the Trademarks or any other materials, is strictly prohibited.

Disclaimer of Warranties

The Museum of Fantasy Art assumes no liability for any errors or omissions in the content of the Site. The Museum of Fantasy Art is engaged in an ongoing process of updating and revising the materials on this Site. The Museum of Fantasy Art further reserves the right to withdraw any image, text, or data from the Site at its sole discretion at any time. The Museum of Fantasy Art assumes no liability for any damages or losses that may occur to you or any third party based on its actions. In the event that the Site is unavailable, either on a temporary or permanent basis, the Museum of Fantasy Art assumes no liability for any losses that may occur to you or any third party arising out of the unavailability of the Site.

All materials on the Site are provided “AS IS” and “AS AVAILABLE” WITHOUT A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, COPYRIGHT SUBSISTENCE, COPYRIGHT OWNERSHIP AND/OR NON-INFRINGEMENT OF COPYRIGHTS OR OTHER PROPRIETARY RIGHTS OF ANY THIRD PARTY. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS OR WILL CORRECTED.

The Museum of Fantasy Art assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your use of the Site or your downloading of any materials from the Site.

Limitation of Liability

THE MUSEUM OF FANTASY ART, ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS AND EMPLOYEES, AND OTHER AGENTS AND REPRESENTATIVES SHALL HAVE NO LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, COMPENSATORY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RELATING TO THE USE OF THIS SITE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

Postings on the Site

From time to time, you may have an opportunity to post information, images or other materials to the Site. You agree that you will comply with all requirements and procedures for posting on the Site, including any applicable web policies that the Museum of Fantasy Art may provide. The Museum of Fantasy Art does not endorse any opinions or recommendations posted or transmitted by you or others. Any materials posted or transmitted on the Site are the responsibility of the person or persons posting the materials. It is strictly prohibited to post or transmit any unlawful, threatening, or infringing material or any material that could constitute conduct that would be considered a criminal offense, give rise to civil liability, a violation of privacy or publicity, or otherwise violate any law. The Museum of Fantasy Art shall have the right, but not the obligation, to inspect, remove, refuse, or delete any content for any reason whatsoever. Access and accounts of repeat infringers will, in appropriate circumstances, be terminated.

The Museum of Fantasy Art is under no obligation to monitor or review discussions, chats, postings, transmissions, bulletin boards, or other similar materials on the Site and assumes no responsibility or liability arising from such content or materials or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, danger, or inaccuracy contained in any information within such locations on the Site.

Third-Party Sites

The Museum of Fantasy Art has not reviewed all of the sites linked to the Site and has no control over and is not responsible for the content or privacy policies of any off-site pages or other sites linked to the Site. Any websites linked to or from the Site (regardless of whether they are affiliated with the Museum of Fantasy Art) are for your convenience only, and you access them at your own risk. Any information that you may provide to such third-party sites are at your own risk.

Submissions

Any communications or material you transmit to the Site and/or to the Museum of Fantasy Art domain by electronic mail or otherwise, including but not limited to any data, questions, comments, or suggestions will be treated as nonconfidential and nonproprietary. Anything that you transmit or post may be used by the Museum of Fantasy Art or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, the Museum of Fantasy Art is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site and/or to the Museum of Fantasy Art domain for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing such products using such information. These terms apply unless you have a prior, written agreement with the Museum of Fantasy Art in which the MOFA agrees to different terms with respect to particular material, provided however that any communication or transmission made by electronic mail is nonconfidential and nonproprietary. You also acknowledge and agree that the Museum of Fantasy Art will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose information or materials in our possession.

Severance and Waiver

You acknowledge and agree that if any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. Furthermore, if any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision.

The Museum of Fantasy Art’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing by the Museum of Fantasy Art.

Choices of Law and Jurisdiction

The Terms and Conditions are governed by the laws of the State of Illinois without regard to its conflict of laws rules. Each party hereby irrevocably consents to exclusive jurisdiction of the state and federal courts located in Cook County, Illinois.

Copyright ©2023 Museum of Fantasy Art. All rights reserved.