TERMS OF USE
Effective Date: October 14, 2009
Welcome to the web site ("Web Site") operated by the Foundation for Contemporary Art ( the "FCA," "we" or "us"). We have implemented these Terms of Use ("Terms of Use") to describe the terms of your use of the Web Site. Your use of this Web Site indicates your acceptance of these Terms of Use, as well as our Privacy Policy.
The content provided on this Web Site is provided for informational purposes only. This Web Site is provided "as-is" and with all faults. The FCA makes no express or implied warranties or representations of any kind regarding any of the information contained in this Web Site. The FCA assumes no liability of any kind for the content of any information transmitted to or received by any individual and/or entity in connection with such individual's and/or entity's use of this Web Site.
In consideration of your accessing our Web Site, you agree that under no circumstances shall the FCA, its directors, officers, employees, staff, volunteers, and/or agents be liable for any damages whatsoever in connection with, arising out of or resulting from your use of the Web Site or any information contained in the Web Site. Furthermore, you will defend, indemnify, save and hold harmless the FCA, its directors, officers, employees, staff, volunteers, and/or agents from and against all suits, claims, demands, causes of action, judgments, damages, losses, liabilities and expenses arising out of or resulting from your use of the Web Site or any information contained therein.
Any hypertext link contained in the Web Site is provided for convenience only. The FCA cannot control the content of any third party sites linked and thereby makes no express or implied warranties, endorsements, or representations of any kind regarding any site linked. Additionally, we assume no liability of any kind for any information contained in any site linked.
The Website and all its contents, including text, graphics (including, without limitation, digital representations of artwork and other photographs), and software, are owned by or licensed to the FCA and are protected by United States and international copyright law and other intellectual property laws. The FCA neither warrants nor represents that your use of materials displayed on the Web Site will not infringe the intellectual property rights of any party, including, without limitation, any third party. Use of any materials on the Web Site is at the user's own risk.
The FCA reserves the right to modify these Terms of Use, or any other information contained in this Web Site, at any time without notice. Accordingly, it is your responsibility to apprise yourself of the most current version of these Terms of Use as well as any and all information presented on this Web Site. Any use of the Web Site following said modifications shall be deemed to constitute your acceptance of same.
You agree that you will use this Web Site for lawful purposes only. To the extent applicable, you shall not post or transmit, through this web site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without the FCA's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by you that in our discretion restricts or inhibits any other visitor from using or enjoying the Web Site will not be permitted. You shall not use the Web Site to advertise or perform any commercial solicitation.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms of Use, or the rights and obligations of parties subject to these Terms of Use and the FCA in connection with use of the Web Site, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of New York, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of New York. If any provision of these Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms of Use, which will otherwise remain in full force and effect.
If you have any questions or comments about these Terms of Use, please contact us at info@contemporary-arts.org.
