Terms and Conditions of Website Use

These Terms and Conditions of Website Use (the “Terms”) set forth the terms of your use of the Felix Gonzalez-Torres Foundation (the “Foundation,” “us,” “we,” and “our”) website, located at www.felixgonzalez-torresfoundation.org (the “Website”). Please read the Terms carefully. By using this Website, you agree to the Terms; if you do not agree to the Terms, please do not use this Website. The Foundation reserves the right to modify the Terms at any time. Your subsequent use of the Website constitutes your acceptance of the modified Terms. 

Website Content

All images and other content featured or displayed on the Website which is not in the public domain (“Content”) is protected by copyright law and owned by the Foundation or its licensors. In particular, the Foundation is the sole licensor of copyright in and to all works by Felix Gonzalez-Torres.

Unless otherwise specified with respect to certain Content, you may reproduce Content solely for non-commercial, educational, research, and personal purposes provided you (i) do not alter such Content, (ii) do not remove any copyright, trademark or other proprietary notices from the Content, and (iii) include a link or citation to the Website page or credit the Content to the Foundation. These terms apply to posts on social media. Otherwise, you may not use any of the Content without prior written authorization from the Foundation. To request permission to use images on the Website for any other purpose, please submit an Image License Request. (Image License Request). For any other inquiries, please contact copyright@felixgonzalez-torresfoundation.org.

Unauthorized commercial publication, exploitation or distribution in any manner of the Website, or any portion thereof, and/or the Foundation’s files, text, data and images, is specifically prohibited.

The FELIX GONZALEZ-TORRES FOUNDATION and other trademarks on the Website are owned by the Foundation (“Our Marks”). You may not use Our Marks (A) in connection with any service or activities that we do not perform; (B) in any manner that is likely to cause confusion about whether we are the source, sponsor, or endorser of a service or activity; or (C) in any damaging manner..   

Reservation of Rights

All rights not expressly granted by the Foundation herein are specifically and completely reserved. Nothing on the Website grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any content or property of any third party, or may be construed to mean that the Foundation has authority to grant any right or license on behalf of any third party.

Submitted Materials

The Foundation welcomes independent documentation of the work and public engagement with the work of Gonzalez-Torres for considered inclusion in the artist's archive, and on the Website (“Submitted Materials”). Please submit respectfully, and with the understanding and intention of such materials adding to the representation of the life, past and present, of the artist's work.

If you provide any Submitted Materials to the Foundation for consideration, you grant the Foundation an irrevocable, non-exclusive, worldwide, royalty-free license to use, reproduce and distribute the Submitted Materials in whole or in part in any media now known or later developed, including, for display on the Website or future equivalent, placement into the artist's analog and/or digital archives, use for archival and research purposes, or any other similar or related purpose that furthers the mission of the Foundation. Please note, all Submitted Materials published on the Website may be published without attribution to the submitter. To the extent applicable, as between the Foundation and submitters, submitters retain all copyright of their Submitted Materials. Submissions may be made anonymously. The Foundation has no obligation to maintain or use any Submitted Materials.

If you provide any Submitted Materials to the Foundation, you represent and warrant to the Foundation that you: (A) have the right and authority to submit the material to the Foundation; (B) have obtained all rights and consents necessary to grant the  license set forth above, including to any third-party material included in the Submitted Materials; (C) the Submitted Materials do not and will not violate any third party's copyright, trademark, patent, trade secret, right to privacy or publicity, or any other proprietary, personal, or other right of any kind; (D) are under no obligation that would in any way interfere with the Foundation's disclosure or use of the Submitted Materials; and (E) no Submitted Materials contain any material or information considered confidential or provided with the understanding that it would not be disclosed or published.

Releases

You irrevocably release us on behalf of yourself and your successors, assigns, heirs, family members, and executors (and our respective directors, officers, employees, contractors representatives, and agents) from any claim of any nature that you have or may ever have (based on any cause of action, including rights of publicity or privacy, trademark or service mark, copyright, “moral rights,” false light, libel, defamation, false advertising, or intentional or negligent infliction of emotional distress) arising out of your use of the Website or our use of any Submitted Materials.  If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”  If you reside in any other jurisdiction that places similar restrictions on a general release, you waive such restrictions to the maximum extent permissible under the applicable law.

Notice and Procedure for Making Claims of Copyright Infringement

We respect the copyright and other proprietary rights of third parties. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.  If you believe in good faith that any material posted on the Website infringes your copyright, then you may request the removal of those materials from the Website in accordance with the Copyright Act, 17 U.S.C. § 512(c)(3), and the procedures described below.

A notice of infringing material that complies with the Copyright Act, 17 U.S.C. § 512(c)(3) (“Notice”) must be sent to the agent we have designated with the Copyright Office and copyright@felixgonzalez-torresfoundation.org

Your Notice must be in writing and include the following:

(1) A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

(4) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

(5) A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(6) A statement that the information in the notification is accurate and made under penalty of perjury, and that you are the owner, or authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

If you believe, in good faith, that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice.  Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.  See http://www.copyright.gov for details. 

Links to Third-Party Websites

The Website may contain links to web sites controlled by third parties (“Third-Party Websites”).  We are not responsible for Third-Party Websites or their content, activities or privacy practices.  Any information you share or actions you take on Third-Party Websites are governed by those sites’ terms of use and privacy statements, which you should review carefully to learn about their practices.  The inclusion of links on our Website does not imply our endorsement of Third-Party Websites, their content, or any associated organization or activity.  We make no representation or warranty whatsoever about the nature of Third-Party Websites and if you decide to access any other websites linked to or from the Website, you do so entirely at your own risk.

Frames; Metatags

Unless you obtain our prior written consent in each case, you may not: (A) frame any Content on any other website; or (B) use metatags or any other “hidden text” that incorporates Our Marks, marks confusingly similar to Our Marks, or our name. 

Disclaimers

THE WEBSITE, CONTENT, AND ALL MATERIAL AVAILABLE THROUGH THE WEBSITE ARE AVAILABLE “AS IS” AND “AS AVAILABLE.”  WE MAKE NO REPRESENTATIONS OR WARRANTIES: (1) THAT THE WEBSITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE; (2) ABOUT THE ACCURACY, COMPLETENESS, RELIABILITY, OR NON-INFRINGEMENT OF THE WEBSITE OR CONTENT OR OF ANY PRODUCTS OR SERVICES OR CONTENT AVAILABLE THROUGH LINKS TO THIRD-PARTY SITES.  IF YOU RELY ON OUR WEBSITE OR CONTENT, YOU DO SO ENTIRELY AT YOUR OWN RISK.

WE DO NOT OFFER ANY EXPRESS OR IMPLIED WARRANTIES REGARDING THE WEBSITE OR CONTENT, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE HAS BEEN DISCLOSED), AND DISCLAIM SUCH WARRANTIES TO THE MAXIMUM EXTENT PERMITTED UNDER LAW.

ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER MALICIOUS CODE TO THE WEBSITE, WE DO NOT GUARANTEE OR WARRANT THAT THE WEBSITE OR CONTENT ARE FREE FROM SUCH DESTRUCTIVE FEATURES.  WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.

Limitation of Liability

THE FOUNDATION AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AGENTS, ADVISORS AND VOLUNTEER ARE NOT LIABLE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON LOSS OR INJURY BASED ON USE OF, OR INABILITY TO USE, THE WEBSITE OR CONTENT (E.G., ARISING FROM ERRORS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES) INCLUDING LOSS OR INJURY FROM YOUR BREACH OF ANY PROVISION OF THESE TERMS.

UNDER NO CIRCUMSTANCES WILL THE FOUNDATION OR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AGENTS, ADVISORS OR VOLUNTEERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING MONETARY LOSSES, LOST REVENUES OR PROFITS, OR LOSS OF DATA) ARISING FROM YOUR USE OF THE WEBSITE OR CONTENT WHETHER BASED UPON TORT (INCLUDING NEGLIGENCE), CONTRACT, OR ANY OTHER LEGAL OR EQUITABLE THEORY.   OUR AGGREGATE LIABILITY TO YOU FOR ANY USE OF, OR INABILITY TO USE, THE WEBSITE OR CONTENT IS LIMITED TO $25.  SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, hold harmless, and defend (if requested) the Foundation and its directors, officers, employees, contractors, representatives, agents, advisors and volunteers against all liabilities, losses, damages, and costs (including reasonable attorneys’ fees) that they may incur based on claims arising out of your use of (or inability to use) the Website, or violation of this Agreement.  We reserve the right to assume the exclusive defense and control of any matter for which we are entitled to indemnification.  You agree to provide us with cooperation we reasonably request.

Changes to Terms

We may change these Terms from time to time by posting an updated version on this web page, or, if we determine that it is appropriate, we may provide other notice to you. We recommend checking back on this web page regularly if you use the Website.   

Modification and Termination of Website

We may change, suspend or discontinue any aspect of Website or Content at any time. We may also impose limits on certain features, content, or restrict your access to parts or the entire Website without notice or liability. We reserve the right to terminate the Website, these Terms, and any Content available on the Website at any time without notice, for any reason.  

General

These Terms (which includes the Privacy Policy) are governed by applicable federal laws and the laws of the State of New York applicable to agreements made and completely performed there.  The “Website Content,” “Submitted Materials,” “Releases,” “Disclaimers,” “Limitation of Liability,” “Indemnification,” and “General” sections of these Terms (along with any other provision that by its terms contemplates survival) survive any termination of these Terms and the Website. You irrevocably agree to bring any claim or dispute relating to your use of the Website and these Terms exclusively in the state and federal courts located in New York, New York, to submit to the exclusive jurisdiction of those courts, and to waive any jurisdictional, venue, inconvenient forum, or other objections to those courts.  Section titles and headings are for convenience only and have no legal or contractual effect.  The failure of the Foundation to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.  If a court of competent jurisdiction determines that any provision of these Terms is unenforceable for any reason, then that provision will be deleted and the remaining provisions will be enforceable to the fullest extent permitted by law. 

Please email us at info@felixgonzalez-torresfoundation.org with any questions you may have about these Terms.

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