Terms of Use

Last updated: September 5, 2026

These Terms of Use (the “Terms”) apply to your use of communityartistsgalleryandstudios.org and its related pages, features, forms, and content (collectively, the “Website”). They also apply, where relevant, to visits to, purchases from, and participation in programs or activities offered by Community Artists Gallery & Studios, Inc. (“CAGS,” “we,” “us,” or “our”).

CAGS is a North Carolina nonprofit organization that operates a cooperative gallery, retail art space, studios, classroom and program space in downtown New Bern, North Carolina. CAGS supports participating artists and offers exhibitions, art sales, classes, workshops, community programs, and other creative activities.

Please read these Terms before using the Website, submitting a form, registering for a program, purchasing an item, or participating in a CAGS activity. By doing so, you agree to these Terms. If you do not agree, please do not use the Website or participate in the applicable transaction or activity.

Additional terms may apply to artists, members, instructors, studio users, exhibitors, volunteers, program participants, contest entrants, donors, or purchasers. If a separate written agreement, registration form, sales policy, or program rule conflicts with these Terms, the more specific terms will control for that relationship, transaction, or activity.

1. About CAGS and the Website

The Website provides information about CAGS, participating artists, artwork, gallery and studio activities, exhibitions, classes, workshops, community outreach, events, artist opportunities, donations, and other programs. It may also allow visitors to submit forms, register for activities, join a mailing list, make payments or donations, or follow links to third-party services.

Information on the Website may change. We may update, correct, suspend, or discontinue any page, feature, program, event, or other offering at any time. We do not guarantee that every artist, artwork, class, event, service, or feature shown on the Website will remain available.

2. Artwork and Website Content

CAGS is a cooperative organization representing work created by many individual artists. Unless otherwise stated:

• individual artists retain the copyright and other intellectual-property rights in their artwork, designs, photographs, biographies, and other materials;
• CAGS owns or uses with permission its name, logo, original organizational materials, graphics, photographs, text, page designs, and other Website content; and
• third-party materials remain the property of their respective owners.

The Website and its contents are protected by copyright, trademark, and other applicable laws. Displaying an artist’s work on the Website, in the gallery, in a studio, in an exhibition, or in promotional materials does not place that work in the public domain or grant the public permission to reproduce or use it.

Purchasing an original artwork, print, photograph, piece of pottery, jewelry, fiber art, woodwork, or other item transfers ownership of the physical item only. It does not transfer copyright or any right to reproduce, publish, distribute, adapt, license, create merchandise from, or otherwise commercially use the artwork or design unless the artist or rights holder expressly agrees in writing.

3. Personal Use of the Website

You may view and use the Website for lawful, personal, noncommercial purposes. You may share a link to a public Website page or use a sharing feature provided on the Website, provided that the share is accurate, includes appropriate attribution, and does not suggest sponsorship, affiliation, or endorsement that does not exist.

Except as permitted by law or with prior written permission from CAGS and, when applicable, the individual artist or other rights holder, you may not:

• copy, download, screenshot, reproduce, republish, upload, distribute, sell, license, or commercially exploit Website content;
• use images of artwork on another website, social-media account, product, advertisement, publication, presentation, or promotional material;
• crop, remove watermarks or ownership notices from, materially alter, or create derivative works from artwork, photographs, or other creative content;
• use artwork, images, designs, photographs, writing, or other Website content to create prints, merchandise, digital products, non-fungible tokens (NFTs), or other items;
• falsely represent that Website content is yours or that CAGS or a participating artist endorses, sponsors, or is affiliated with you; or
• use Website content in a way that violates the rights of CAGS, a participating artist, or another person.

Nothing in these Terms restricts a right that cannot legally be restricted, including a use permitted by applicable law.

4. Automated Scraping and Artificial Intelligence

Except for ordinary indexing by legitimate search engines in accordance with our technical instructions, you may not use automated tools to scrape, extract, download, collect, or reproduce substantial portions of the Website or its content without prior written permission.

You may not use artwork, images, artist biographies, photographs, writing, or other creative content obtained from the Website to train, develop, test, or improve an artificial-intelligence or machine-learning system; create a dataset; generate imitations or derivative content; or simulate an artist’s style, likeness, or identity without prior written permission from the applicable rights holder, except where permission is not required by applicable law.

5. Artwork Information and Handmade Variations

We and our participating artists make reasonable efforts to provide accurate photographs, descriptions, dimensions, media, prices, and other information. However:

• colors, textures, scale, and other visual details may appear differently depending on lighting, photography, screen settings, and the device used;
• measurements may be approximate;
• frames, stands, display materials, props, and surrounding objects are not included unless stated;
• handmade and hand-finished pieces may have natural variations in color, glaze, texture, grain, shape, brushwork, and dimensions; and
• minor variations resulting from the artistic or handmade process are not necessarily defects.

Please examine an item and ask questions before purchasing when a particular color, dimension, material, care requirement, or intended use is important to you. Do not assume that pottery, glassware, jewelry, textiles, woodwork, or another handcrafted item is food-safe, dishwasher-safe, microwave-safe, oven-safe, weather-safe, child-safe, or suitable for a particular use unless that suitability is expressly stated by the artist or CAGS.

6. Availability, Prices, and Gallery Sales

Many works offered through CAGS are original, one of a kind, or available in limited quantities. Artwork and other items may be sold in the gallery, at an event, through an individual artist, or through another venue. An item shown on the Website or in promotional material may therefore be unavailable by the time you inquire or visit.

Prices, availability, artist participation, exhibition dates, and descriptions may change without notice. CAGS may correct typographical errors, inaccurate descriptions, or obvious pricing mistakes. If a material error is discovered during a transaction, we may pause or cancel the transaction, explain the corrected information, and provide any refund required under the circumstances or by law.

Unless expressly stated otherwise, information about an artist or artwork is provided for informational and promotional purposes and is not a binding offer to sell.

Any return, exchange, pickup, delivery, shipping, special-order, or damage terms communicated at the time of sale will apply to that transaction. Please ask about these terms before completing a purchase. Nothing in these Terms limits a consumer right or remedy that cannot legally be waived.

7. Payments, Donations, and Third-Party Processing

Purchases, program fees, memberships, studio fees, donations, and other payments may be accepted in person or processed through a third-party payment service. When you use a third-party service, that provider’s terms and privacy practices also apply.

You agree to provide current, complete, and accurate payment and contact information and represent that you are authorized to use the payment method provided. Applicable taxes, fees, and other charges will be disclosed during the transaction or otherwise communicated before payment is completed.

Charitable gifts are tax-deductible only to the extent allowed by law. CAGS does not provide tax, legal, or financial advice. You are responsible for consulting your own adviser regarding the deductibility or other treatment of a payment or donation.

8. Classes, Workshops, Events, and Community Programs

Class, workshop, exhibition, event, and program details may change, including dates, times, locations, instructors, capacity, materials, fees, and age or skill requirements. Registration is not complete until all stated registration requirements have been satisfied.

Specific cancellation, refund, transfer, attendance, supervision, safety, photography, and materials policies may be provided with an event or registration. Those specific policies are part of the terms for that activity.

Art activities may involve tools, equipment, pigments, adhesives, solvents, heat, glass, wood, fibers, clay, sharp objects, or other materials. Participants must follow instructions, posted rules, age restrictions, and reasonable safety directions. A participant should notify the instructor or CAGS before participating if the participant has an allergy, sensitivity, accessibility need, or other concern relevant to the activity. Participants remain responsible for determining whether an activity is appropriate for them or for a minor in their care.

To the fullest extent permitted by law, CAGS is not responsible for loss of or damage to personal belongings brought to a class, event, gallery, studio, or other program.

9. Gallery, Studio, and Shared-Space Conduct

Visitors and participants must use the gallery, studios, classroom, and other shared areas lawfully, carefully, and respectfully. You may not:

• touch, handle, move, photograph, or use artwork, tools, supplies, displays, or equipment when permission is required and has not been given;
• damage or create an unreasonable risk of damage to artwork, property, or the premises;
• disrupt a class, event, exhibition, sale, artist, volunteer, visitor, or other authorized activity;
• engage in threatening, harassing, discriminatory, abusive, dangerous, or unlawful conduct;
• enter a private, staff-only, storage, or restricted area without authorization;
• bring an animal into the premises except as permitted by law or CAGS policy; or
• use the premises for unauthorized sales, advertising, solicitation, instruction, events, or commercial activity.

CAGS may ask a person to leave or may restrict participation when reasonably necessary to protect people, artwork, property, operations, or the welcoming use of the space.

Artists, members, studio users, exhibitors, instructors, and volunteers may be subject to separate agreements and operating rules. Nothing in these Website Terms creates a right to membership, exhibition space, studio space, teaching opportunities, volunteer assignments, or participation in a particular program.

10. Children and Minors

Children must be supervised as required by the rules of the gallery, studio, class, event, or program. A parent or legal guardian is responsible for determining whether an activity is appropriate for a minor and for completing any required registration, consent, release, or emergency-contact documentation.

A person under 18 may not make a purchase, register for a paid activity, submit a binding application, or agree to additional legal terms without the involvement and permission of a parent or legal guardian.

11. Artist Applications and Other Submissions

The Website may allow artists and others to submit applications, biographies, photographs, artwork images, event proposals, class information, reviews, messages, contest entries, or other material (“Submitted Content”). You retain ownership of your Submitted Content.

You represent that you own or have permission to submit the material and that it does not violate another person’s copyright, trademark, privacy, publicity, contractual, or other rights.

When you submit material for public display or promotion, you grant CAGS a nonexclusive, worldwide, royalty-free license to host, store, reproduce, crop or format for display, publish, and display that material as reasonably necessary to evaluate the submission; operate the Website and CAGS programs; identify and promote you, your work, the applicable exhibition or activity; and promote CAGS. This license does not transfer ownership of your work to CAGS. Any separate artist, exhibition, instructor, contest, or program agreement will control if it provides different terms.

CAGS may edit text for length, clarity, formatting, spelling, or consistency and may decline, remove, or stop displaying Submitted Content. Submission does not guarantee acceptance, membership, representation, exhibition, studio space, publication, a sale, an award, or any other opportunity.

Do not submit confidential information through a public form or comment area. Unless CAGS separately agrees in writing, an unsolicited idea, proposal, or submission does not create a confidential, fiduciary, employment, partnership, agency, or other special relationship.

12. Photography and Recording

Artwork and exhibitions may be photographed or recorded only when permitted by CAGS and the applicable artist or rights holder. Permission to take a photograph for personal use does not grant permission to reproduce, publish, sell, license, alter, or commercially use the artwork shown in the photograph.

CAGS may photograph or record public events, classes, programs, exhibitions, and activities for documentation and promotion, subject to applicable law and any specific notice, consent form, or program policy. When an individual release or consent is required, CAGS will request it separately. Parents and guardians are responsible for completing any required authorization for minors.

13. Prohibited Website Conduct

You may not use the Website to:

• violate applicable law or another person’s rights;
• submit false, misleading, defamatory, threatening, harassing, obscene, infringing, or unlawful material;
• impersonate another person or misrepresent your identity or affiliation;
• transmit malware, malicious code, or material intended to damage or disrupt the Website;
• attempt to gain unauthorized access to the Website, server, accounts, forms, payment functions, or connected systems;
• interfere with the Website’s operation or place an unreasonable burden on it;
• collect personal information about another person without authorization;
• send spam, unauthorized advertising, or solicitations through the Website; or
• use the Website in connection with fraud, chargeback abuse, or other deceptive conduct.

We may restrict or terminate access to the Website when we reasonably believe these Terms have been violated.

14. Third-Party Services and Links

The Website may use or link to services operated by third parties, including payment processors, registration platforms, email services, maps, social-media platforms, embedded content, and other websites. Third parties operate under their own terms and privacy practices.

CAGS does not control and is not responsible for third-party content, availability, security, accuracy, policies, products, or services. A link, affiliation, sponsorship acknowledgment, or reference does not necessarily mean that CAGS endorses every statement, product, or service offered by that third party.

15. Privacy

Our Privacy Policy explains how information is collected, used, and shared in connection with the Website. By using the Website or submitting information, you acknowledge that you have reviewed that policy.

16. Copyright Concerns

CAGS respects the intellectual-property rights of artists and others. If you believe material on the Website infringes your copyright, email art@communityartistsgallery.org with the subject line “Copyright Notice” and include:

• your name and contact information;
• identification of the copyrighted work you believe has been infringed;
• the exact location or URL of the material at issue;
• a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement, made under penalty of perjury, that the notice is accurate and that you are the copyright owner or authorized to act for the owner; and
• your physical or electronic signature.

We may remove or disable access to material while reviewing a complaint. Knowingly submitting a materially false claim may result in legal liability.

17. Disclaimers

The Website and its informational content are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, CAGS disclaims warranties concerning the Website’s availability, security, accuracy, completeness, or freedom from errors, viruses, or other harmful components.

CAGS provides opportunities for independent artists to display and sell their work and may provide information supplied by those artists, instructors, exhibitors, sponsors, or other third parties. Unless expressly stated in writing, CAGS does not guarantee the authenticity, provenance, authorship, merchantability, fitness for a particular purpose, safety, durability, or future value of an artwork or handcrafted item beyond any rights or warranties that cannot legally be disclaimed.

Views expressed by an individual artist, instructor, exhibitor, participant, volunteer, or other contributor are that person’s own and do not necessarily represent CAGS.

Nothing in these Terms eliminates an express written promise made in connection with a transaction or any right, remedy, or liability that cannot legally be waived or excluded.

18. Limitation of Liability

To the fullest extent permitted by law, CAGS and its directors, officers, members, volunteers, employees, and agents will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to use of the Website or participation in a CAGS offering.

To the fullest extent permitted by law, CAGS’s total liability for a claim relating to a purchase, registration, or fee will not exceed the amount paid to CAGS for the item or activity giving rise to the claim.

These limitations do not apply to liability that cannot lawfully be limited or excluded, including liability arising from fraud, willful misconduct, or gross negligence where applicable.

19. Indemnification

To the fullest extent permitted by law, you agree to indemnify and hold harmless CAGS and its directors, officers, members, volunteers, employees, and agents from third-party claims, losses, liabilities, and reasonable costs, including reasonable attorneys’ fees, arising from your unlawful use of the Website or CAGS premises, your material breach of these Terms, or Submitted Content that violates another person’s rights.

20. Governing Law and Venue

These Terms are governed by the laws of the State of North Carolina, without regard to conflict-of-law principles. Any legal action arising from these Terms must be brought in a state court located in Craven County, North Carolina, or in a federal court with jurisdiction over Craven County, and each party consents to the jurisdiction of those courts.

If applicable law gives you rights that cannot be waived or requires a different forum, those rights and requirements remain applicable.

21. Changes to These Terms

We may revise these Terms from time to time. The updated version will be posted on this page with a new “Last updated” date. Changes apply prospectively from the stated date. Your continued use of the Website after that date means that you accept the revised Terms.

22. General Provisions

These Terms, together with the Privacy Policy and any applicable artist agreement, membership agreement, studio agreement, registration form, event rule, sales policy, release, or other transaction-specific terms, constitute the applicable agreement concerning your use of the Website, CAGS space, or the relevant purchase or activity.

If a transaction-specific or activity-specific agreement conflicts with these Terms, the more specific agreement controls for that transaction or activity. If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect. A failure to enforce a provision is not a waiver of the right to enforce it later.

You may not assign your rights or obligations under these Terms without our written consent. CAGS may assign these Terms in connection with a reorganization, merger, transfer, or other lawful change in its operations.

23. Contact

Questions about these Terms, Website content, or permission to use CAGS-owned material may be sent to:

Community Artists Gallery & Studios, Inc.
309 Middle Street
New Bern, NC 28560
Phone: 252-633-3715
Email: art@communityartistsgallery.org