Agreement version: 2026-08-19
These Brewery Artwalk Submission Terms of Service (the “Agreement”) govern the submission of artwork through the Brewery Artwalk website located at breweryartwalk.org (the “Website”). By accessing, using, or submitting any artwork, photograph, illustration, design, or other creative work (each, a “Submission” and collectively, “Submissions”) through the Website, the person or entity making such submission identified below (the “Submitter”) agrees to be bound by this Agreement. The Website is operated to promote and operate the Brewery Artwalk and the Website.
The Brewery Artwalk.
The Website hosts a platform through which submitters may upload Submissions for possible use in the Brewery Artwalk, an event and ongoing program showcasing art. Submissions uploaded to the Website may be displayed on the Website for public viewing and voting, and may be used by the Brewery Artist Collective, the Brewery Artwalk Association, Carlson Industries, LLC, Kristen Carlson and any other person or entity that may participate in the promotion or operation of the Brewery Artwalk or the Website (collectively the “Artwalk Entities”) for promotional and marketing purposes across the internet and in all media, as further described below. Submitter desires to permit the Artwalk Entities to use the Submissions in the Brewery Artwalk.
License Grant.
By uploading, submitting, or otherwise providing any Submission through the Website, Submitter hereby grants to the Artwalk Entities a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license to use, reproduce, copy, replicate, modify, edit, crop, reformat, create derivative works from, display, distribute, store, transmit and otherwise exploit the Submissions, in whole or in part (“Authorized Uses”), in any form or medium or format known or hereafter developed, in connection with (a) displaying the Submissions on the Website for public viewing, voting, and community engagement; (b) marketing, advertising, and promotional activities by any Artwalk Entity in connection with the Brewery Artwalk, whether in print, digital, social media, broadcast, or any other medium; (c) use on third-party websites, social media platforms, and across the internet to promote or publicize the Brewery Artwalk; (d) archival, quality assurance, and internal business purposes of the Artwalk Entities; and (e) any other lawful purpose in connection with the Brewery Artwalk. Submitter acknowledges and agrees that the Artwalk Entities may retain copies of all Submissions and that this license shall survive any termination or expiration of this Agreement.
Account Security.
If Submitter creates an account on the Website, Submitter is solely responsible for maintaining the confidentiality of their account credentials, including any account username and password. Submitter accepts full responsibility for all activities that occur under their account, including any Submission uploads, voting activity, and communications with any of the Artwalk Entities. Any Submission uploaded or activity conducted through Submitter’s account shall be deemed authorized by Submitter and subject to all representations, warranties, and indemnification obligations set forth in this Agreement. Submitter agrees to provide notification to info@breweryartwalk.com immediately upon becoming aware of any unauthorized use of their account or any other breach of security.
Representations and Warranties of the Submitter
Submitter represents and warrants to the Artwalk Entities as follows:
Ownership of Rights. Submitter is either (i) the sole and exclusive owner of all right, title, and interest in and to each Submission uploaded through the Website, including all copyright and intellectual property rights therein; or (ii) has obtained prior written permission, consent, or license from the copyright owner of each such Submission, granting Submitter sufficient rights to upload, submit, modify, sublicense, use, reproduce, copy, replicate, modify, edit, crop, reformat, create derivative works from, display, distribute, store, transmit, and otherwise exploit the Submission as contemplated by this Agreement.
Consent of Depicted Individuals. To the extent any Submission depicts any identifiable individual, Submitter has obtained the proper written consent, model release, or other legally sufficient authorization from each such individual (or, in the case of a minor, from the minor’s parent or legal guardian) granting permission for the Submission to be used, reproduced, modified, displayed, and distributed in connection with the Brewery Artwalk and the rights granted under this Agreement.
No Infringement. The Submissions, and Submitter’s uploading and licensing thereof, do not and will not infringe, misappropriate, or otherwise violate any copyright, trademark, right of publicity, right of privacy, moral right, or any other intellectual property or proprietary right of any third party.
No Unlawful Content. The Submissions do not contain any content that is defamatory, obscene, pornographic, abusive, threatening, harassing, hateful, or otherwise unlawful, offensive, or objectionable, and the Submissions do not violate any applicable federal, state, or local law, statute, regulation, or ordinance.
Authority. Submitter has the full right, power, and authority to enter into this Agreement, to grant the licenses and rights set forth herein, and to perform all obligations under this Agreement, and the execution and performance of this Agreement does not conflict with any other agreement or obligation to which the Submitter is a party or by which the Submitter is bound.
Accuracy of Information. All information provided by Submitter in connection with the uploading of Submissions, including Submitter’s name, contact information, and any other information provided, is true, accurate, and complete.
Age and Legal Capacity. Submitter is at least 18 years of age (or the age of majority in their jurisdiction) and possesses the legal right, capacity, and authority to enter into this Agreement and fulfill all obligations herein.
Defense and Indemnification
Indemnification Obligation. Submitter shall indemnify and hold harmless Artwalk Entities, and each of their respective parent companies, subsidiaries, affiliates, officers, directors, managers, members, employees, agents, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, actions, suits, proceedings, demands, losses, damages, liabilities, judgments, settlements, penalties, fines, costs and expenses (including reasonable attorneys’ fees and court costs) (collectively, “Losses”) arising out of, relating to, or resulting from (i) Submitter’s breach of any representation, warranty, or obligation in this Agreement, (ii) any claim that any Submission uploaded by Submitter infringes, misappropriates, or otherwise violates the copyright, trademark, right of publicity, right of privacy, moral right, or any other intellectual property or proprietary right of any third party, (iii) Submitter’s use of the Website in violation of applicable law, (iv) any claim by any individual depicted in any Submission uploaded by the Submitter alleging a lack of consent or authorization, or (v) any negligent, reckless, or willful misconduct of Submitter. In the event any claim, action, or proceeding is brought against an Indemnified Party, the Artwalk Entities shall have the sole right to select legal counsel and control the defense, settlement, or compromise of such matter, and Submitter shall remain fully responsible for reimbursing and indemnifying the Indemnified Parties, upon demand, for all reasonable attorneys' fees, legal costs, and expenses incurred in connection therewith.
Notice. The affected Artwalk Entities shall provide Submitter with prompt written notice of any claim for which indemnification is sought, provided that the failure to provide such notice shall not relieve Submitter of any indemnification obligation except to the extent Submitter is materially prejudiced by such failure.
Disclaimer of Warranties
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE ARTWALK ENTITIES DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NEITHER THE ARTWALK ENTITIES NOR ANY OTHER PERSON OR ENTITY WARRANTS THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY ARTWALK ENTITY BE LIABLE TO THE SUBMITTER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE WEBSITE, THE BREWERY ARTWALK OR OTHERWISE, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ANY OF THE ARTWALK ENTITIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ARTWALK ENTITIES’ TOTAL AGGREGATE LIABILITY TO SUBMITTER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
Content Removal and Refusal of Submissions.
The operator of the Website reserves the right, in its/their/his/her sole and absolute discretion, to remove, reject, or delete any Submission uploaded through the Website, not use any Submission, and to disqualify any Submitter from participation in the Brewery Artwalk, for any reason or no reason, including if the operator of the Website believes or suspects that a Submission may infringe or violate the rights of any third party, contain unlawful or objectionable content, or otherwise violate the terms of this Agreement. Neither the operator of the Website nor any of the Artwalk Entities is under any obligation to display, use, or retain any Submission.
Governing Law and Dispute Resolution.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. Any dispute, claim, or controversy arising out of or relating to this Agreement shall be resolved through binding arbitration administered by the American Arbitration Association (“AAA”). The arbitration shall take place in Los Angeles County, California, and shall be conducted by a single arbitrator mutually selected by the affected Artwalk Entity and Submitter. The arbitrator’s decision shall be final and binding. Each party shall bear its own costs and attorneys’ fees in connection with any arbitration except as otherwise required by applicable law.
Miscellaneous
Entire Agreement. This Agreement constitutes the entire agreement between Submitter and the Artwalk Entities with respect to its subject matter and supersedes all prior and contemporaneous agreements, understandings, representations, and warranties, whether written or oral.
Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
Waiver. No action by any of the Artwalk Entities shall constitute a waiver of any right or provision of this Agreement.
Assignment. Submitter may not assign or transfer this Agreement to any third party. The Artwalk Entities may freely assign this Agreement without restriction.
Third Party Beneficiaries. The Artwalk Entities, and each of them shall be deemed third-party beneficiaries of this Agreement.
Amendments. The operator of the Website reserves the right to modify or update this Agreement at any time by posting a revised version on the Website. Submitter’s continued use of the Website or uploading any additional Submissions following the posting of any changes constitutes Submitter’s acceptance of such changes.
Electronic Acceptance. Submitter acknowledges and agrees that by selecting the checkbox labeled "I have read and agree to the Brewery Artwalk Submission Terms of Service" on the Website, Submitter is providing an electronic signature and consenting to be bound by the terms and conditions of this Agreement with the same force and effect as a handwritten signature. Submitter may not upload or submit any Submissions through the Website without first selecting the checkbox and affirmatively accepting this Agreement.
Acceptance of Terms. By selecting the checkbox below, Submitter acknowledges that Submitter has read, understood, and agrees to be bound by all of the terms and conditions of this Agreement, including the representations, warranties, license grant, indemnification obligations, limitation of liability, and disclaimer of warranties set forth herein.