Terms of Use

Last Updated: March 4, 2026

1. Acceptance of Terms

Welcome to nihon-arts.org (the “Site”), the digital catalogue and database of the Pinkowitz Collection. By accessing or using this Site, you agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree to these terms, please do not use the Site.

2. Use of the Site

The Site is provided for informational, educational, and personal non-commercial use only. It serves as a digital catalogue for the Pinkowitz Collection of Japanese art.

  • No Accounts Required: You do not need to create an account to view the collection.

  • No User Content: The Site does not allow for user submissions, comments, or public posting.

3. Intellectual Property & Image Usage

A. The Site as a Digital Catalogue

Nihon-Arts.org is a digital publication of the Pinkowitz Collection. The structure, design, taxonomy, and content of this Site constitute an original curatorial work and scholarly compilation.

Pinkowitz Collection Ownership Unless otherwise specified, all content on this Site is the property of the Pinkowitz Collection or its scholarly contributors (if specified). This includes, but is not limited to:

  • Visuals: Digital photographs, detailed macro photography, diagrams, and site design elements.

  • Text & Data: Scholarly essays, catalogue entries, captions, analysis, transcriptions, translations, commentary, provenance records, and physical descriptions.

Distinction: Public Domain Artworks vs. Protected Digital Content We wish to clarify the copyright status of the materials on this Site:

  • The Underlying Artwork (Public Domain): We acknowledge that many of the physical artworks in the collection (e.g., pre-modern paintings, calligraphy, books, and prints) are in the public domain due to their age. The Pinkowitz Collection claims no copyright over the underlying physical works themselves.

  • The Digital Content (Protected): However, the digital photographs and the texts (including cataloguing, essays, transcriptions, and translations) created for this Site are original intellectual works. While these texts may summarize scholarly, educational, or public knowledge (as further described in Section 5), the specific expression, selection, coordination, arrangement, and curatorial analysis of this information are the intellectual property of the Pinkowitz Collection and are protected by copyright laws. You may not use these specific digital images or texts without permission, simply because the underlying subject matter is in the public domain.

  • Modern and Contemporary Artworks (Copyrighted Works)
    Certain works in the Pinkowitz Collection may be modern or contemporary artworks that remain protected by copyright under applicable law. In such cases, copyright in the underlying artwork belongs to the artist, the artist’s estate, or another authorized rights holder. The inclusion of such works on this Site does not grant permission to reproduce, distribute, publish, or otherwise use the artworks. Any use beyond viewing them on this Site must be authorized by the relevant copyright holder.
  • Third-Party Copyright and Institutional Images
    Certain images on this Site may be the property of third parties, including museums, libraries, archives, galleries, photographers, publishers, or other institutions. Where applicable, these copyright holders or source institutions will be clearly specified in the captions, bibliography, credit lines, or image metadata. The Pinkowitz Collection does not claim ownership of these materials, and permission to reproduce or use them must be obtained directly from the respective rights holder or lending institution.

B. Permitted Personal & Classroom Use

We invite students, researchers, and educators to use this Digital Catalogue for non-commercial learning. You may download or use images and text owned by the Pinkowitz Collection without requesting permission solely for:

  • Private study and personal research.

  • Classroom teaching and educational presentations.

Condition of Use (Citation): Any use of these materials must be properly cited.

  • For Images: You must credit the image using standard academic formatting (e.g., Chicago Manual of Style) by including the Artist, Title, Date, and Medium, followed by the required credit line:

    Courtesy of the Pinkowitz Collection, [Insert Object Number].

  • For Textual Content: You must cite the specific author or contributor (if listed) and the Pinkowitz Collection as the publisher.

  • Note: Materials credited to third-party institutions or external copyright holders are not covered by this permission and may require authorization from the respective rights holder.

C. Uses Requiring Permission (Publication, Commercial, & Social Media)

We generally encourage the inclusion of our collection in scholarly works. However, to ensure proper recognition for our researchers and to maintain the integrity of the collection's history and scholarly record, you must obtain written permission prior to:

  • Publication: Reproducing images or substantial portions of catalogue text in any book, academic journal, exhibition catalogue, or magazine (print or digital).

  • Social Media Reposting: Uploading, reposting, or displaying our images or text on social media platforms (including but not limited to Instagram, X/Twitter, Facebook, or TikTok) or third-party websites.

  • Commercial & Non-Profit Use: Using our content for advertising, marketing, merchandise, or any for-profit or non-profit business activity outside of personal research.

  • Adaptation: Modifying, remixing, regenerating, or reposting our text and images for any purpose.

D. Requesting Permission & High-Resolution Imaging

We review permission requests on a case-by-case basis and are happy to support colleagues and scholars. Please note that a licensing fee may apply for certain uses.

Special Imaging Services: If you require higher resolution images for publication, or if you need new photography of specific details or angles not currently visible on the website, we may be able to provide these upon request.

To request permission or inquire about special imaging, please email [email protected] with details of your project.

4. Prohibited Conduct

You agree not to use the Site for any unlawful purpose or in any way that could damage the Site or the Collection. Specifically, you agree not to:

  • Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site (scraping).

  • AI Restrictions: Use any data mining, robots, or similar data gathering and extraction tools (including Artificial Intelligence or Machine Learning systems) to scrape, copy, or train models on the Site’s content, including images and text.

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site or the server on which the Site is stored.

  • Use the Site in any manner that could disable, overburden, damage, or impair the site.

5. Disclaimer of Warranties

The information presented on or through the Site is made available solely for general information purposes.

  • “As Is” Basis: The Site and its content are provided on an “as is” and “as available” basis without any warranties of any kind, either express or implied.

  • Accuracy & Scholarly Change: Scholarship is an evolving field. The attributions, dating, provenance, and descriptions of art pieces are subject to continuous scholarly review and change. The content of this Site is frequently updated and edited without prior notice to reflect new research and ensure accuracy. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

  • Attribution & Research Standards: We provide catalogue information as summarized educational and scholarly resources. While we strive to align with general field knowledge, following common practices, certain types of entries (such as object label texts and descriptions) are often synthesized from various public, educational, and scholarly resources for brevity and clarity. The absence of specific footnotes, citations, or bibliographies in these types of texts does not imply that the information is unique to this Site or that the research is exhaustive. We act in good faith to credit major contributions where common and possible, but please be aware that omissions may occur in the summarization process for specific types of information entries.

6. Limitation of Liability

To the fullest extent provided by law, in no event will the Pinkowitz Collection, its owners, affiliates, contributors, or licensors be liable for any damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Site, including any direct, indirect, special, incidental, consequential, or punitive damages.

7. Indemnification

You agree to defend, indemnify, and hold harmless the Pinkowitz Collection, its owners, and its contributors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your use of the Site’s content, images, and services.

8. Third-Party Links

This Site may contain links to other sites and resources provided by third parties (such as individuals or institutions including museums, libraries, and archives). These links are provided for your convenience and reference only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

9. Governing Law

All matters relating to the Site and these Terms of Use, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of New York, United States, without giving effect to any choice or conflict of law provision.

10. Waiver and Severability

No waiver by the Pinkowitz Collection of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Pinkowitz Collection to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

11. Changes to Terms

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes.

12. Contact Information

This website is operated by the Pinkowitz Collection. All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to email: [email protected].