Effective Date: October 1, 2025
Last Updated: October 1, 2025
1. Introduction and Acceptance of Terms
Welcome to Art Residency Africa (“we,” “us,” “our,” or the “Platform”), operated by MoMAA | Stichting Royalafrican, a foundation registered in the Netherlands.
By accessing or using artresidencyafrica.com (the “Website”), you agree to be bound by these Terms of Use (“Terms”). If you do not agree to these Terms, please do not use our Platform.
Our Mission: Art Residency Africa provides a comprehensive directory and booking platform connecting artists with residency programs, studios, and creative spaces across Africa.
Contact Information:
MoMAA | Stichting Royalafrican
Volharding 43, 1068 RE Amsterdam, The Netherlands
Email: info@artresidencyafrica.com
2. Definitions
- “Platform” refers to artresidencyafrica.com and all associated services
- “User” refers to any person accessing or using the Platform
- “Artist” refers to users seeking residency opportunities
- “Residency Program” or “Listing Owner” refers to individuals or organizations listing residencies
- “Listing” refers to a residency program, studio, or creative space advertised on the Platform
- “Content” refers to text, images, videos, data, and other materials on the Platform
3. Eligibility and Account Registration
3.1 Age Requirement
You must be at least 18 years old to use this Platform. By using the Platform, you represent and warrant that you meet this age requirement.
3.2 Account Creation
To list a residency or access certain features, you may need to create an account. You agree to:
- Provide accurate, current, and complete information
- Maintain and update your information to keep it accurate
- Maintain the security of your password
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized use
3.3 Account Termination
We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent, abusive, or illegal activity.
4. Use of the Platform
4.1 Permitted Uses
You may use the Platform to:
- Search for and browse artist residencies
- Contact residency programs through inquiry forms
- List your residency program (subject to approval)
- Share listings via social media
- Access resources and educational content
4.2 Prohibited Uses
You may NOT:
- Post false, misleading, or fraudulent listings or information
- Impersonate another person or entity
- Harvest or collect user data without permission
- Use automated systems (bots, scrapers) without our written consent
- Post content that is illegal, offensive, discriminatory, or violates third-party rights
- Circumvent the Platform to conduct transactions off-platform to avoid fees
- Spam, harass, or abuse other users or our staff
- Reverse engineer or attempt to access source code
- Violate any applicable laws or regulations
- Upload viruses, malware, or malicious code
- Interfere with the proper functioning of the Platform
5. Residency Listings
5.1 Listing Ownership
Listing Owners retain ownership of their content but grant Art Residency Africa a license to display, promote, and distribute their listings.
5.2 Listing Accuracy
Listing Owners represent and warrant that:
- All information in listings is accurate, current, and complete
- They have legal authority to offer the residency
- They have all necessary permits, licenses, and insurance
- Images and content do not violate copyright or other rights
- Pricing and availability information is truthful
5.3 Listing Standards
We reserve the right to:
- Review and approve listings before publication
- Remove or modify listings that violate these Terms
- Feature or promote certain listings at our discretion
- Request additional verification or documentation
5.4 Listing Updates
Listing Owners must promptly update their listings when information changes, including availability, pricing, facilities, or contact information.
6. Transactions and Bookings
6.1 Platform Role
Art Residency Africa is a directory and connection platform. We facilitate connections between Artists and Residency Programs but are not a party to agreements between them.
6.2 Direct Relationships
- All contractual relationships are directly between Artists and Residency Programs
- We do not guarantee the quality, safety, or legality of residencies
- We are not responsible for disputes between Artists and Residency Programs
6.3 Payment Processing
If payment processing is offered through the Platform:
- Payments are processed by third-party payment processors
- Users must comply with the payment processor’s terms
- We may charge service fees (clearly disclosed before transaction)
- Refund policies are determined by individual Residency Programs
6.4 No Guarantees
We do not guarantee:
- Acceptance into any residency program
- Quality or condition of facilities
- Availability of listed residencies
- Outcomes of residency experiences
7. Fees and Payments
7.1 Free Listings
Core directory listings are free for Residency Programs.
7.2 Optional Paid Services
We may offer premium services including:
- Featured listings
- Enhanced visibility
- Priority placement
- Additional promotional features
Fees for paid services will be clearly disclosed and agreed upon before purchase.
7.3 Payment Terms
- All fees are in Euros (€) unless otherwise stated
- Fees are non-refundable except as required by law
- We reserve the right to modify fees with 30 days’ notice
- Failure to pay may result in service suspension or termination
8. Intellectual Property Rights
8.1 Platform Ownership
All content, features, and functionality of the Platform (excluding user-generated content) are owned by MoMAA | Stichting Royalafrican and protected by international copyright, trademark, and other intellectual property laws.
This includes:
- Website design and layout
- Logo and branding
- Text, graphics, and images created by us
- Software, code, and databases
- Compilation and arrangement of content
8.2 User Content License
By posting content to the Platform, you grant Art Residency Africa a worldwide, non-exclusive, royalty-free, transferable license to:
- Display your content on the Platform
- Promote your listing on social media and marketing materials
- Include your content in newsletters and promotional communications
- Create derivative works for promotional purposes (e.g., cropped images, excerpts)
This license continues until you remove your content or close your account.
8.3 User Representations
You represent and warrant that:
- You own or have licenses for all content you post
- Your content does not infringe third-party intellectual property rights
- You have obtained necessary permissions for any recognizable people or private property in images
8.4 Copyright Infringement
We respect intellectual property rights. If you believe content on our Platform infringes your copyright, contact us at info@artresidencyafrica.com with:
- Description of the copyrighted work
- Location of the infringing material (URL)
- Your contact information
- Statement of good faith belief
- Statement under penalty of perjury that information is accurate
- Physical or electronic signature
9. Privacy and Data Protection
Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
By using the Platform, you consent to our collection, use, and sharing of information as described in the Privacy Policy.
Key Points:
- We collect information you provide and usage data
- We use data to operate and improve the Platform
- We comply with GDPR and applicable data protection laws
- We do not sell personal information to third parties
- You have rights to access, correct, and delete your data
Please review our complete Privacy Policy below.
10. User Conduct and Community Guidelines
10.1 Respectful Communication
All users must:
- Communicate respectfully and professionally
- Honor commitments made to other users
- Resolve disputes amicably and in good faith
- Respect cultural differences and diverse perspectives
10.2 Discrimination Prohibited
We do not tolerate discrimination based on:
- Race, ethnicity, or national origin
- Religion or belief systems
- Gender identity or expression
- Sexual orientation
- Disability or health status
- Age
- Any other protected characteristic
10.3 Reporting Violations
If you encounter violations of these Terms or experience harassment, discrimination, or fraud, report it immediately to info@artresidencyafrica.com.
11. Third-Party Links and Services
The Platform may contain links to third-party websites, services, or resources not owned or controlled by Art Residency Africa.
We are not responsible for:
- Content, privacy policies, or practices of third-party sites
- Transactions conducted through third-party services
- Accuracy of third-party information
- Availability of third-party resources
You access third-party links at your own risk and should review their terms and privacy policies.
12. Disclaimers and Limitations of Liability
12.1 “As Is” Basis
THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- Warranties of merchantability or fitness for a particular purpose
- Warranties of accuracy, reliability, or completeness of content
- Warranties of uninterrupted or error-free service
- Warranties regarding security of data transmission
12.2 No Endorsement
Inclusion of a listing on our Platform does not constitute endorsement. We do not verify all information provided by Listing Owners.
12.3 User Responsibility
You are solely responsible for:
- Evaluating residency programs before applying or committing
- Conducting due diligence on Residency Programs
- Your interactions with other users
- Compliance with visa, health, and travel requirements
- Your safety and well-being during residencies
12.4 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ART RESIDENCY AFRICA, MOMAA, STICHTING ROYALAFRICAN, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:
- Indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, or business opportunities
- Personal injury or property damage arising from use of the Platform
- Actions or omissions of Residency Programs or other users
- Disputes between users
- Content posted by users
- Unauthorized access to or alteration of your data
- Service interruptions or technical problems
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR USE OF THE PLATFORM SHALL NOT EXCEED €100 OR THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS, WHICHEVER IS GREATER.
13. Indemnification
You agree to indemnify, defend, and hold harmless Art Residency Africa, MoMAA, Stichting Royalafrican, and their officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising from:
- Your use of the Platform
- Your violation of these Terms
- Your violation of any rights of another party
- Content you post to the Platform
- Your conduct in connection with the Platform
- Your residency participation or hosting
14. Dispute Resolution
14.1 Governing Law
These Terms are governed by the laws of the Netherlands, without regard to conflict of law principles.
14.2 Jurisdiction
Any disputes arising from these Terms or use of the Platform shall be resolved in the courts of Amsterdam, the Netherlands.
14.3 Informal Resolution
Before filing any formal action, you agree to contact us at info@artresidencyafrica.com to attempt to resolve disputes informally.
14.4 Class Action Waiver
You agree to resolve disputes individually and waive any right to participate in class actions or class arbitrations.
15. Modifications to Terms
15.1 Right to Modify
We reserve the right to modify these Terms at any time. We will notify users of material changes by:
- Posting updated Terms with a new “Last Updated” date
- Sending email notifications to registered users
- Displaying prominent notices on the Platform
15.2 Acceptance of Changes
Continued use of the Platform after changes take effect constitutes acceptance of modified Terms. If you do not agree to changes, you must discontinue use of the Platform.
16. Termination
16.1 User Termination
You may terminate your account at any time by:
- Contacting info@artresidencyafrica.com
- Using account deletion features in your dashboard
- Requesting data deletion in accordance with GDPR
16.2 Our Right to Terminate
We may suspend or terminate your access immediately, without notice, for:
- Violation of these Terms
- Fraudulent or illegal activity
- Harassment or abusive behavior
- Non-payment of fees
- Risk to Platform security or integrity
- Any reason, at our sole discretion
16.3 Effect of Termination
Upon termination:
- Your right to use the Platform immediately ceases
- Your listings may be removed
- We may retain certain information as required by law
- Provisions regarding intellectual property, liability, and indemnification survive termination
17. General Provisions
17.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Art Residency Africa.
17.2 Severability
If any provision is found unenforceable, the remaining provisions remain in full effect.
17.3 No Waiver
Failure to enforce any provision does not constitute a waiver of that provision.
17.4 Assignment
You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.
17.5 Force Majeure
We are not liable for delays or failures in performance resulting from circumstances beyond our reasonable control, including natural disasters, war, terrorism, pandemics, labor disputes, or government actions.
17.6 Relationship
These Terms do not create a partnership, agency, employment, or joint venture relationship.
17.7 Language
These Terms are written in English. Translations may be provided for convenience, but the English version governs in case of conflicts.
18. Contact Information
For questions, concerns, or notices regarding these Terms:
Email: info@artresidencyafrica.com
Mail:
MoMAA | Stichting Royalafrican
Volharding 43
1068 RE Amsterdam
The Netherlands
Response Time: We aim to respond within 3 business days.
19. Acknowledgment
BY USING ART RESIDENCY AFRICA, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE.
Last Updated: October 1, 2025
Version: 1.0