Foundation for Contemporary Arts
Last Modified: April 14, 2021
This Website is offered and available to users who are 18 years of age or older and are above the age of legal majority in the jurisdiction in which you reside. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Foundation and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
- Accessing the Website and Account Security
You are responsible for both:
- Making all arrangements necessary for you to have access to the Website.
If you choose to register with this website and receive a user name, password, or any other piece of information as part of our security procedures or access to this Website, you must treat that information as confidential and not disclose it to any other person or entity. You also acknowledge that your account is personal to you. You agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You also agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You agree to ensure that you exit from your account at the end of each session in which it is used. Use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
- Intellectual Property Rights
The Website and its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Foundation, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that your Web browser automatically caches for display enhancement purposes.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: firstname.lastname@example.org.
The Foundation name, the term Foundation for Contemporary Arts, the Foundation logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Foundation or its affiliates or licensors. You must not use such marks without the prior written permission of the Foundation. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
- Prohibited Uses
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries) or any applicable law in the jurisdiction in which you reside.
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To impersonate or attempt to impersonate the Foundation, a Foundation employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Foundation or users of the Website, or expose them or us to liability.
- To defraud or mislead consumers or Website users or the Foundation, or promote any sort of fraudulent or misleading communication.
- To engage in or assist any conduct or communication that would be considered an unfair or unconscionable trade or commercial practice in any jurisdiction.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any person's use of the Website, including their ability to engage in real time activities through the Website.
- Use the Website or its features in any manner that could constitute a violation of the terms of service or use of any other website, cloud or storage platform, or electronic communications service.
- Use any robot, spider, crawler, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful, or may compromise the privacy of the Website’s users and visitors.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
- Reporting Infringement Claims & Counter Notifications
We will respond to notices of alleged copyright infringement and counter notifications that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent who can be reached at the following: email@example.com or Copyright Agent, Foundation for Contemporary Arts, 820 Greenwich Street, Floor 4, New York, NY 10014.
Under the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works. This identification must be sufficiently precise for us to locate the infringing material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
DMCA counter notifications may be delivered to the designated copyright agent above. All counter notifications must comply with the requirements set forth in the DMCA.
- Reliance on Information Posted
This Website includes content provided by third parties, including materials provided by artists, sellers, third-party licensors, and/or others. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Foundation, are solely the opinions and the responsibility of the person or entity providing those materials. Such third-party statements from such third parties, regardless of any designation placed on the posting or account by the Website, are not: (i) the positions or opinions of the Foundation or its affiliates or (ii) any endorsement by the Foundation or its affiliates of such statements’ content. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties or any other material on the Website.
- Changes to the Website
We may update the content on this Website from time to time at our sole discretion and without any notice or obligation to you whatsoever. However, any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material or provide notifications or warnings to you when the material is out of date.
- Information About You and Your Visits to the Website
- Online Purchases and Transaction Terms and Conditions
All purchases through our site or other transactions for the sale of goods or information formed through the Website, or resulting from visits made by you, are governed by our Transaction Terms below.
Prices and Payment Terms: All prices posted on this Website are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed. Posted prices do not include taxes, processing charges, or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and/or in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the products ordered, as well as all processing and shipping and handling charges and applicable taxes. You may be charged state and local sales tax, if applicable.
You represent and warrant that (i) the credit card or other payment information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card or payment method for the purchase, (iii) charges incurred by you will be honored by your credit card company or financial institution, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. If your payment method is declined, we will attempt to re-process your charge. If we are unable to complete the transaction, we may contact you directly to update your account information. We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method including a mailed statement. The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to shipping service investigation.
Shipping: Orders of artwork are typically processed within 5 (five) business day(s). You will be notified if we are no longer selling certain artwork for which you have placed an order. Please add additional business days for delivery to Alaska, Hawaii, and for foreign deliveries. Fulfillment of orders placed for pick-up or local delivery through a paid delivery service will be dependent on the buyer’s and the Foundation’s mutual availability during business hours, Monday-Friday, 10:00AM-6:00PM ET.
You will have the option to select expedited shipping as part of the online purchase process. We use USPS, FedEx, and UPS for shipping orders. Shipping and delivery dates are estimates only and cannot be guaranteed because delivery can be highly variable among carriers, depending on the service, time of year, shipping destination, and other factors. We are not liable for any delays in shipments.
Returns and Refunds: Unfortunately, the Foundation cannot accept any returns or make any refunds.
- Foundation Grant Programs
- Donations to the Foundation
Donations to the Foundation can be made here: www. foundationforcontemporaryarts.org/support. All donors will receive an acknowledgment and thank you for their donation at the email address or mailing address provided during the donation process. All donations made through this Website are to the Foundation for Contemporary Arts, a New York 501(c)(3) public charity.
- Linking to the Website and Social Media Features
You must not establish a link to the Website in a manner that: (1) damages our reputation or leverages it in any manner; (2) suggests any form of association with us, or approval or endorsement by us; (3) promotes or constitutes illegal, unethical, defamatory, actionable, fraudulent, or misleading conduct or communications; or (4) in connection with the sale or advertisement of any product or service. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of the Website other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking to stop immediately. We reserve the right to withdraw linking permission without notice or disable, delete or request the deletion of any posting or accounts associated with violations of this Section.
We may disable all or any links at any time, without notice, in our discretion.
- Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and expressly disclaim any responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
- Geographic Restrictions
The owner of the Website is based in the State of New York in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
- Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other compromising or destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED OR OFFERED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT (OR OFFERED OR RECOMMENDED BY IT), OR ON ANY WEBSITE LINKED ON IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED OR OFFERED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND FROM US, EITHER EXPRESS OR IMPLIED. YOU ACKNOWLEDGE THAT NEITHER THE FOUNDATION NOR ANY PERSON ASSOCIATED WITH THE FOUNDATION MAKES (nor SHALL you rely UPON) ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE, or any products, offers, or information on the Website. WITHOUT LIMITING THE FOREGOING, NEITHER THE FOUNDATION NOR ANYONE ASSOCIATED WITH THE FOUNDATION REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED OR OFFERED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE FOUNDATION HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE FOUNDATION AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE FOUNDATION FOR THE APPLICABLE SERVICE IN CONNECTION WITH THE SPECIFIC SALE OUT OF WHICH LIABILITY AROSE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW (INCLUDING GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN JURISDICTIONS WHERE SUCH EXCLUSION OR LIMITATION WOULD BE UNENFORCEABLE IN ALL CIRCUMSTANCES). YOU AGREE THAT TO THE EXTENT THE DISCLAIMER ABOVE IS FOUND BY A COURT OF LAW TO BE UNENFORCEABLE OR VOID FOR PUBLIC POLICY, THAT YOU AND THE FOUNDATION WILL JOINTLY REQUEST THAT THE COURT REFORM THIS DISCLAIMER TO BE EFFECTIVE WHILE PROVIDING THE MAXIMUM LIMITATION OF LIABILITY and indemnification PERMITTED BY APPLICABLE LAW.
YOU ACKNOWLEDGE THAT SUCH WAIVER AND AGREEMENT TO HOLD HARMLESS MAY BE APPLICABLE TO ACTS OR FOUNDATION BREACHES OF THIS AGREEMENT FOR WHICH THE FOUNDATION AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS MAY OTHERWISE BE STRICTLY LIABLE OR WHICH AROSE FROM THE SOLE, PARTIAL, OR CONCURRENT NEGLIGENCE OF SUCH PARTIES.
Some jurisdictions, such as New Jersey, do not allow certain disclaimers, exclusions of certain warranties, indemnification commitments, or certain attempts to limit liability. Accordingly, the terms of Section 17. Disclaimer of Warranties, Section 18. Limitation of Liability, and this Section 19. Indemnification do not affect any warranties or liabilities that cannot be excluded, disclaimed, or limited as such in any circumstance under applicable law, or impose any limitations or indemnification obligations that cannot be imposed in any circumstances under applicable law. However, if any portion of Sections 17, 18, and 19 are found to be invalid or limited under applicable law, the other provisions of Sections 17, 18, and 19 shall not be affected.
Furthermore, you agree that, to the extent any portion of Section 17, 18, or 19 is found by a court of law or binding arbitration panel to be unenforceable or void for public policy, that you and the Foundation will jointly request that the court or panel reform this disclaimer to be effective while providing the maximum limitation of liability, disclaimer, or indemnification permitted by applicable law.
- Governing Law and Jurisdiction
- Waiver and Severability
- Successors & Assigns; Assignment
- Relationship of the Parties; Third Party Beneficiaries
- Entire Agreement
- Your Comments and Concerns
This website is operated by Foundation for Contemporary Arts at 820 Greenwich Street, Floor 4, New York, NY 10014.
All notices of copyright infringement claims should be sent to the copyright agent designated in Section 7. Reporting Infringement Claims & Counter Notifications in the manner and by the means set out there.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: firstname.lastname@example.org.