Effective Date: August 18, 2026
These Terms govern use of the Foundation's Site and online services, including contributions, Foundation Patron recognition, honorary lifetime membership, publication acknowledgments, purchases, event registrations, applications, and content submissions.
By using the Site or completing an online transaction, a user agrees to these Terms and the Privacy Policy. A person who does not agree should not use the Site or complete the transaction.
These Website Terms and Conditions (the "Terms") are a binding agreement between the person or organization using the Site ("you" or "your") and PICTURE Art Foundation (the "Foundation," "we," "us," or "our"). They govern access to and use of the Foundation's website and any donation pages, online store, event or program registration pages, Foundation Patron and membership functions, publication-recognition forms, applications, email-linked services, and other online services that link to these Terms (collectively, the "Site").
By accessing the Site, selecting a checkbox indicating agreement, making a contribution or purchase, registering for an event or program, submitting an application or content, or otherwise using the Site, you acknowledge that you have read and agree to these Terms and the Privacy Policy. Additional written rules, campaign terms, program criteria, ticket terms, purchase policies, or releases presented for a specific activity are incorporated into these Terms. If a specific written term conflicts with these general Terms, the specific term controls for that activity.
You may not use the Site if you do not agree to these Terms. The Site is intended for lawful use in jurisdictions where the Foundation may lawfully provide the relevant function. Nothing in these Terms waives a right that cannot lawfully be waived.
You must be at least 18 years old and legally capable of entering a binding agreement to make a contribution or purchase, create an account, submit a public recognition request, or register independently for an activity, unless a parent or legal guardian participates and applicable program rules permit the transaction. A minor must use the Site under appropriate adult supervision and may be required to provide parental or guardian consent.
When using the Site for an organization, trust, estate, donor-advised fund, private foundation, employer, or another person, you represent that you have authority to bind that person or entity and to provide the information, payment method, name, content, and instructions submitted.
PICTURE Art Foundation is a California nonprofit public benefit corporation organized to advance charitable, educational, literary, artistic, and cultural purposes, including art exhibitions, book publishing, performing arts, culinary and cultural events, documentary production, scholarships, and community enrichment.
As of the Effective Date, the Foundation intends to seek recognition from the Internal Revenue Service as an organization described in Section 501(c)(3) of the Internal Revenue Code and has not represented in these Terms that a favorable IRS determination letter has been received. Language in the Foundation's Articles of Incorporation or mission statement regarding Section 501(c)(3) does not, by itself, constitute IRS recognition.
A contribution may qualify as tax deductible only if and to the extent the IRS grants recognition effective for the contribution date and applicable law otherwise permits the deduction. The Foundation does not guarantee deductibility. The potentially deductible amount may be reduced by the fair market value of goods or services provided. The Foundation's written contribution acknowledgment, not a general Site description, states the transaction-specific goods-or-services information. You are responsible for consulting your own tax, legal, accounting, or financial advisor.
After the Foundation receives a favorable determination letter, it may update the Site to reflect that status. No Site statement should be understood as a representation beyond the wording in effect on the transaction date and the Foundation's official written acknowledgment.
The Foundation may modify the Site, suspend a feature, correct an error, or update these Terms at any time. Updated Terms will be posted with a revised effective date. Changes apply prospectively unless applicable law permits otherwise. Continued use after the effective date of revised Terms constitutes acceptance, except where law requires additional notice or affirmative consent.
The Foundation may change or discontinue programs, campaigns, membership benefits, publications, events, products, vendors, features, or content. It will honor binding obligations and nonwaivable rights but does not guarantee that any particular Site feature or program will remain available.
The Privacy Policy explains how the Foundation handles personal information and is incorporated into these Terms. By submitting contact information, you consent to receive transaction-related electronic communications, such as receipts, acknowledgments, security notices, order updates, event changes, membership notices, and application decisions. These communications are not promotional and may be necessary to complete the transaction or service.
The Foundation will send promotional email or text communications only as permitted by law. Marketing consent is voluntary and not a condition of making a contribution or purchase. You may unsubscribe from promotional email using the message link. Where text messaging is offered, message and data rates may apply, frequency may vary, and you may use the stated STOP or HELP instructions.
You agree that electronic records, notices, disclosures, and signatures may satisfy writing and signature requirements to the extent permitted by law. You are responsible for maintaining a current email address and the ability to access electronic records.
Site content is provided for general charitable, educational, literary, artistic, cultural, and informational purposes. It is not legal, tax, accounting, investment, medical, safety, or other professional advice. You should obtain advice from a qualified professional for your circumstances.
The Foundation seeks to provide accurate and useful information but does not warrant that all content is complete, current, error-free, or suitable for a particular purpose. Dates, speakers, participants, availability, prices, campaign goals, publication details, and other information may change. Historical, cultural, artistic, or biographical content may reflect interpretation, scholarship, or sources that are incomplete or contested.
A contribution is voluntary. By submitting a contribution, you represent that you are authorized to use the payment method, the funds are from a lawful source, the information is accurate, and the transaction does not violate sanctions, anti-money-laundering, tax, fiduciary, donor-advised-fund, private-foundation, or other applicable requirements. You authorize the Foundation and its processor to charge the stated amount and conduct reasonable fraud, identity, and sanctions checks.
A contribution is not accepted until the Foundation or its authorized processor confirms acceptance. The Foundation may decline, hold, investigate, or return a contribution that it determines may be unlawful, unauthorized, fraudulent, inconsistent with its charitable purposes or policies, subject to an unacceptable restriction, connected to an improper private benefit, burdensome to administer, or otherwise contrary to the Foundation's best interests.
The Foundation retains exclusive legal control and discretion over accepted contributions, subject only to a written restriction it has expressly agreed to accept. A designation entered in a memo line, comment field, form, email, or other communication is not a binding restriction unless an authorized Foundation representative accepts it in writing.
The Foundation will use a contribution designated for a campaign or project to the extent reasonably practicable. If the campaign or project is fully funded, delayed, materially modified, discontinued, completed with funds remaining, or cannot use all funds as initially contemplated, the contributor authorizes the Foundation to use remaining funds for a substantially similar program or another purpose consistent with the Foundation's charitable mission, unless the Foundation has expressly accepted a different written restriction.
When you select a recurring contribution, you authorize charges in the amount and frequency shown at checkout until cancellation. The checkout page must clearly disclose the frequency and method of cancellation. A cancellation applies prospectively and may not stop a charge already submitted for processing. You may cancel through the account or processor method shown at checkout or by contacting the Foundation. The Foundation will provide any renewal notice or additional consent required by applicable law.
The Foundation may provide an electronic transaction receipt and, when required, a written contribution acknowledgment stating the amount of a cash contribution or describing noncash property and whether goods or services were provided. The Foundation does not assign a value to donated property unless legally appropriate. You are responsible for retaining records, determining deductibility, and obtaining any appraisal or tax advice required for noncash gifts.
Accepted contributions are generally final and nonrefundable. The Foundation may issue a refund when required by law or when it determines that a transaction was unauthorized, duplicated, made in error, should not have been accepted, or cannot be administered consistently with the Foundation's purposes. A request should be submitted promptly to info@pictureartfoundation.org with the transaction date, amount, name, and reason. The Foundation may require verification and may return funds through the original payment method.
Before initiating a chargeback, you should contact the Foundation to allow a good-faith review. The Foundation may provide transaction records to a payment processor or financial institution to contest an improper chargeback. Nothing in this paragraph limits rights concerning unauthorized electronic transactions that cannot lawfully be waived.
A grant from a donor-advised fund or private foundation may not be used to satisfy an individual's legally enforceable pledge or provide more than an incidental benefit to a donor, advisor, related person, or disqualified person. The Foundation may withhold membership benefits, tickets, books, merchandise, or other items when needed to comply with those rules, or may require the individual to pay the fair market value separately. Matching gifts are subject to the employer's or program's rules.
H. Noncash and unusual gifts
Securities, cryptocurrency, vehicles, artwork, intellectual property, real property, closely held interests, restricted gifts, and other noncash or unusual gifts require separate review and written acceptance under the Foundation's gift-acceptance procedures. Submission through the Site does not obligate the Foundation to accept a proposed gift.
A contributor who satisfies a published Diamond, Platinum, or Gold threshold may be recognized as a "Foundation Patron" and receive a complimentary honorary lifetime membership as a thank-you for charitable support, subject to the campaign terms in effect when the contribution is accepted.
The Foundation Patron designation and honorary lifetime membership are nontransferable, have no cash redemption value, and do not create a statutory membership in the Foundation. Unless the Board of Directors expressly admits a person as a statutory member under the Foundation's Articles, Bylaws, and applicable law, a Foundation Patron has no right to vote, elect or remove directors, approve transactions, inspect records as a statutory member, receive distributions, own Foundation property, bind the Foundation, act as its agent, or direct its programs, publications, personnel, or use of funds.
For an individual Foundation Patron, the honorary designation continues during the individual's lifetime. For an organizational Foundation Patron, it continues while both the organization and the Foundation remain in existence. The designation ends upon the Foundation's dissolution and may be revoked as provided below.
The Foundation may describe incidental benefits from time to time, such as communications, recognition, invitations, or access opportunities. Unless a specific written campaign term states otherwise, benefits are subject to availability, capacity, safety, law, and Foundation policy and may be modified, suspended, replaced, or discontinued without creating a refund or damages claim. No benefit is guaranteed to have a particular value.
The Foundation may suspend or revoke the designation for fraud, material misrepresentation, payment reversal, misuse of the Foundation's name, unlawful conduct, harassment, threats, material violation of these Terms or Foundation policies, or conduct the Foundation reasonably determines may harm the Foundation, its participants, or its mission. The Foundation will exercise this authority in good faith and may provide notice and an opportunity to respond when reasonably appropriate.
The amount potentially deductible as a charitable contribution may be reduced by the fair market value of membership benefits or other goods or services provided. The Foundation's written contribution acknowledgment controls for transaction-specific substantiation. The honorary designation is not an investment and provides no equity, royalty, profit participation, repayment right, or financial return.
A contribution to a book or publication campaign supports the charitable and educational project described on the campaign page. It is not a preorder, investment, loan, royalty arrangement, or purchase of advertising unless the Site expressly states otherwise. The Foundation retains editorial, artistic, design, production, pricing, printing, distribution, promotion, and scheduling control.
Publication titles, contributors, page counts, formats, print quantities, release dates, distribution plans, and budgets are estimates and may change. The Foundation does not guarantee that a project will be completed in a particular form or by a particular date. Section 7.C governs use of funds if a project is delayed, modified, fully funded, completed with a balance, or discontinued.
When offered, a Foundation Patron may request publication of an approved individual, family, trust, or organization name and, if permitted, a brief "in honor of" or "in memory of" designation. The Patron may instead remain publicly anonymous. The acknowledgment is honorary and noncommercial; it is not advertising, endorsement, compensation, or a purchase of publication space.
By submitting a name or designation, you represent that it is accurate, that you have authority to submit and authorize its use, and that publication will not infringe another person's rights. You grant the Foundation a nonexclusive, worldwide, royalty-free right to reproduce, format, display, distribute, archive, and publish the approved name or designation in the applicable book and related Foundation Patron recognition materials. This permission continues for existing printed, distributed, archived, and historical materials even after a later withdrawal request.
The Foundation retains final editorial, design, capitalization, spacing, order, placement, and formatting control. Unless separately approved in writing, a listing may not include a logo, website address, telephone number, product or service description, slogan, promotional claim, call to action, political message, candidate reference, or other advertising or advocacy content. The Foundation may edit, reject, or remove material it reasonably determines is unlawful, infringing, defamatory, misleading, discriminatory, political, commercial, inconsistent with the Foundation's mission, or otherwise inappropriate.
The Patron is responsible for submitting the requested name exactly as it should appear and meeting the stated deadline. The Foundation will use reasonable efforts to include timely, accurate, and approved listings but is not required to delay printing, recall, reprint, or redistribute a publication because of a late, incomplete, inaccurate, edited, or omitted listing. The Foundation may, when appropriate, offer substitute recognition on its website, in a future edition, or in other materials, but is not obligated to do so.
A contribution, Patron designation, membership, or acknowledgment does not provide any copyright, trademark, moral right, ownership interest, editorial approval, creative control, distribution right, royalty, profit participation, accounting right, or other interest in the publication, related content, or Foundation.
A purchase or preorder is separate from a charitable contribution unless the checkout page expressly allocates part of the payment as a contribution and provides the required goods-or-services disclosure. The Foundation may limit quantities, refuse or cancel orders, correct pricing or description errors, and substitute or discontinue items before shipment. An order confirmation acknowledges receipt but does not constitute final acceptance until the Foundation or its fulfillment provider accepts the order.
Prices, taxes, shipping charges, delivery estimates, geographic restrictions, and return or cancellation terms will be displayed at checkout or on the applicable product page. Delivery dates are estimates. Risk of loss and title pass as provided by applicable law and the shipping terms. International recipients are responsible for customs duties, taxes, and import restrictions unless the checkout page states otherwise.
Preorders support planned production but do not guarantee a specific publication date or final specifications. If the Foundation cancels a paid order, it will issue the refund required by applicable law. Returns, exchanges, damaged items, and event-ticket refunds are governed by the policy presented at the time of purchase or registration. Consumer rights that cannot be waived remain in effect.
Events and programs may be subject to separate eligibility, capacity, conduct, safety, accessibility, ticket, release, cancellation, and refund terms. The Foundation may change a date, location, format, speaker, performer, participant, content, or capacity; may require health or safety measures; and may deny or remove a person whose conduct is unsafe, disruptive, unlawful, harassing, or inconsistent with program rules.
Attendance may involve ordinary risks associated with travel, venues, crowds, food, demonstrations, performances, or activities. Any waiver or release required for a higher-risk activity will be presented separately. Nothing in these Terms releases liability that cannot lawfully be released.
The Foundation may photograph, record, or livestream public events. It will provide additional notice or obtain a separate release when required, particularly for featured uses or minors. A person needing an accessibility accommodation should contact the Foundation as early as practicable.
A scholarship, grant, residency, commission, volunteer role, or other opportunity is governed by its published criteria, deadlines, documentation requirements, conflict rules, selection procedures, and award terms. Submission does not guarantee eligibility, selection, funding, publication, employment, or any other benefit. The Foundation may verify information, contact references, disqualify incomplete or inaccurate submissions, and change or cancel an opportunity when lawful and reasonably necessary.
Applicants represent that submitted information is truthful, that they have rights to work samples and other materials, and that disclosure does not violate confidentiality or third-party rights. Application materials are used for review and administration under the Privacy Policy and do not grant the Foundation a public promotional license unless the applicant separately consents or the applicable program rules clearly state otherwise.
Award recipients may be required to sign an agreement, provide tax or eligibility documents, comply with reporting or use restrictions, acknowledge support, and return funds obtained through material misrepresentation or used contrary to binding terms. Volunteers may be required to complete training, screening, confidentiality, safety, or conduct requirements.
"User Content" means content you voluntarily submit for public display, publication, promotion, comment, or other use through the Site, excluding confidential application materials governed by Section 12. You retain ownership of rights you hold in User Content.
By submitting User Content for public or promotional use, you grant the Foundation a nonexclusive, worldwide, royalty-free, sublicensable license to host, reproduce, adapt for formatting and accessibility, translate, display, perform, distribute, archive, and use the content to operate, document, and promote the Foundation, the relevant program, and its charitable mission. The license continues for materials already printed, distributed, archived, or incorporated into completed works. Any materially different commercial use requires separate permission unless already authorized.
You represent that you have the necessary rights and permissions; the content is accurate where presented as factual; and it does not violate law, privacy, publicity, copyright, trademark, confidentiality, contract, or other rights. Do not submit confidential, privileged, sensitive, or third-party information unless the applicable form requests it and you are authorized to provide it.
The Foundation may review, refuse, edit, remove, preserve, or disclose User Content as permitted by law, but has no obligation to monitor all content. Submission does not create an attorney-client, fiduciary, confidential, employment, agency, partnership, or compensation relationship.
The Site and its text, design, graphics, logos, trademarks, photographs, audio, video, software, databases, publications, educational materials, and other content are owned by the Foundation or its licensors and are protected by copyright, trademark, and other laws. Featured works of art, names, images, quotations, and archival materials may be owned by artists, authors, estates, museums, publishers, photographers, or other third parties.
Subject to these Terms, the Foundation grants you a limited, revocable, nonexclusive, nontransferable license to access and use the Site for personal, noncommercial, informational purposes. You may not reproduce, publish, distribute, modify, create derivative works from, publicly display, commercially exploit, remove rights notices from, or use Site content for training an artificial-intelligence or machine-learning system without prior written permission from the applicable rights holder, except to the extent a nonwaivable legal exception applies.
"PICTURE Art Foundation," related logos, program names, and campaign marks may be trademarks or service marks. No license to use a mark is granted by these Terms. Requests for permission should be directed to the Foundation.
You may not:
The Foundation may use reasonable technical measures to enforce these restrictions and may cooperate with service providers and authorities as permitted by law.
The Site may link to or integrate payment processors, social networks, video hosts, maps, ticketing platforms, publishers, cultural institutions, and other third parties. Their products, content, availability, security, accessibility, privacy, and terms are controlled by them. A link or integration does not constitute endorsement or a warranty. Your use of a third-party service is at your own risk and subject to that party's terms.
A person who believes Site content infringes a copyright may send a written notice to the Foundation containing: (1) identification of the copyrighted work; (2) identification and location of the allegedly infringing material; (3) contact information; (4) a statement of good-faith belief that the use is not authorized; (5) a statement, under penalty of perjury, that the notice is accurate and the sender is authorized to act; and (6) a physical or electronic signature.
Notices should be sent to info@pictureartfoundation.org and PICTURE Art Foundation, 21143 Hawthorne Blvd #264, Torrance, California 90503, Attention: Copyright Complaints. The Foundation may remove or restrict material and may terminate repeat infringers where appropriate. This contact information is not a representation that the Foundation has completed any separate registration required to obtain a statutory safe harbor.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, CONTENT, PROGRAM INFORMATION, USER CONTENT, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." THE FOUNDATION DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, AND QUIET ENJOYMENT. THE FOUNDATION DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, FREE OF HARMFUL CODE, OR THAT A PROGRAM, CAMPAIGN, EVENT, PUBLICATION, PRODUCT, APPLICATION, OR BENEFIT WILL MEET EXPECTATIONS OR BE AVAILABLE.
Some jurisdictions do not allow certain warranty exclusions. In those jurisdictions, exclusions apply only to the extent permitted by law.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FOUNDATION AND ITS DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AGENTS, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OPPORTUNITY, OR USE; OR DAMAGES ARISING FROM RELIANCE ON SITE CONTENT, THIRD-PARTY SERVICES, UNAUTHORIZED ACCESS, OR EVENTS BEYOND REASONABLE CONTROL, EVEN IF ADVISED OF THE POSSIBILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE FOUNDATION PARTIES FOR CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS OR (B) THE AMOUNT YOU PAID TO THE FOUNDATION FOR THE SPECIFIC PURCHASE OR SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE MONTHS BEFORE THE EVENT. A CHARITABLE CONTRIBUTION IS NOT A PURCHASE OF A SERVICE, AND THIS CAP DOES NOT CREATE A RIGHT TO RETURN A CONTRIBUTION.
These limitations do not apply to liability that cannot lawfully be limited, which may include liability for fraud, willful misconduct, gross negligence, personal injury caused by negligence, or violation of certain statutory rights, depending on the jurisdiction. The limitations apply to the fullest extent permitted and are an essential basis of these Terms.
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless the Foundation and its directors, officers, employees, volunteers, agents, contractors, licensors, and service providers from claims, liabilities, damages, judgments, awards, losses, costs, and reasonable attorneys' fees arising from your unlawful or unauthorized use of the Site, material breach of these Terms, infringement or violation of another person's rights, false representation of authority, or User Content. This obligation does not require indemnification for a Foundation party's own conduct to the extent prohibited by law. The Foundation may control the defense of a covered matter, and you agree to cooperate reasonably.
The Foundation is not responsible for delay, cancellation, interruption, or failure caused by events beyond its reasonable control, including natural disaster, fire, flood, earthquake, epidemic, pandemic, war, terrorism, civil disorder, labor dispute, government action, utility or network failure, cyberattack, carrier delay, venue closure, supplier failure, or loss of a key artist, author, performer, speaker, or rights holder. The Foundation will use reasonable efforts to communicate material changes and provide any remedy required by applicable law or specific written terms.
The Foundation may suspend or terminate access, cancel an account or registration, reject content, or restrict use when it reasonably believes there has been a violation of these Terms, fraud, security risk, harm, unlawful conduct, or misuse. You may stop using the Site at any time. Provisions that by their nature should survive will survive, including payment obligations, licenses for existing materials, intellectual-property protections, disclaimers, limitations, indemnification, governing law, and miscellaneous terms.
These Terms and any dispute arising from them or the Site are governed by the laws of the State of California, without regard to conflict-of-laws principles, except to the extent federal law or a nonwaivable law of another jurisdiction applies. Before filing a claim, the parties will attempt in good faith for at least 30 days to resolve it after written notice describing the dispute and requested relief, unless immediate relief is reasonably necessary or law prohibits the requirement.
Subject to nonwaivable consumer or privacy rights, exclusive jurisdiction and venue will lie in the state and federal courts located in Los Angeles County, California, and each party consents to personal jurisdiction there. Nothing prevents the Foundation from seeking injunctive or protective relief in another court of competent jurisdiction to protect intellectual property, confidential information, security, or safety.
These Terms, the Privacy Policy, and any activity-specific written terms constitute the agreement concerning the Site and supersede prior or contemporaneous Site-related statements. A written gift agreement, award agreement, purchase policy, event release, license, or other specific agreement controls over these Terms to the extent of a direct conflict.
If a provision is held invalid or unenforceable, it will be enforced to the maximum lawful extent or modified as closely as possible to its intended effect, and the remaining provisions will remain effective.
A delay or failure to enforce a provision is not a waiver. A waiver must be in writing and applies only to the stated circumstance.
You may not assign these Terms without the Foundation's prior written consent. The Foundation may assign or transfer these Terms in connection with a lawful reorganization, merger, transfer of operations, or succession, subject to applicable nonprofit and charitable-asset restrictions.
These Terms do not create an employment, agency, partnership, joint venture, fiduciary, franchise, or attorney-client relationship. Except for the Foundation parties protected by Sections 18 through 20, there are no third-party beneficiaries.
Headings are for convenience. "Including" means "including without limitation." Singular and plural include each other when context permits. These Terms will not be construed against a party solely because that party drafted them.
Questions about these Terms, contributions, refunds, permissions, accessibility, or the Site may be directed to:
PICTURE Art Foundation
21143 Hawthorne Blvd #264
Torrance, CA 90503
Email: info@pictureartfoundation.org
