These Terms and Conditions apply to the web site located at www.felixgonzalez-torresfoundation.org (the “Web Site”) which is the property of the Felix Gonzalez-Torres Foundation (the “Foundation”). By using this site, you agree to the following Terms and Conditions (the “Terms”); if you do not agree to the Terms then do not use this Web Site. The Foundation reserves the right to modify the Terms at any time. Your subsequent use of the Web Site constitutes your acceptance of the modified Terms. Although you should therefore periodically visit this page to review the Terms, you will be bound by any modifications of the Terms without regard to whether you periodically review the Terms.
The content posted on the this web site (the “Web Site”) is made available for limited non-commercial, educational, and personal use only, or for fair use as defined in the United States copyright laws. In such cases, users are encouraged to contact the Foundation with any questions. Users must cite the author and source of this material as they would material from any printed work; the citation should include the URL “http://www.felixgonzalez-torresfoundation.org”. By downloading, printing, or otherwise using text and image files from this Web Site, users warrant and represent that they will limit their use of such files to fair use, and will not violate the proprietary rights of the Foundation or the rights of any other party.
Commercial Use Restricted
Unauthorized commercial publication, exploitation or distribution in any manner of the Web Site, or any portion thereof, and/or the Foundation’s files, text, data and images, is specifically prohibited. Such uses require the advance written permission of the Foundation. Permission for such use is provided for on a case-by-case basis at the sole discretion of the Foundation through its rights administration societies and collecting societies.
Reservation of Rights
All rights not expressly granted by the Foundation herein are specifically and completely reserved. Nothing on the Web Site 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.
Conditions of Use
By using the Web Site you warrant that you will not make use of the Web Site for any illegal or improper purpose. By using the Web Site, you agree to indemnify and hold harmless the Calder Foundation from any and all liability caused by or arising out of any use whatsoever made by you of the Web Site or its content.
The Foundation will not be held responsible for any expense, loss, or grievance incurred by the use of the Web Site. No endorsement or recommendation of any kind is given or implied. The Web Site and all content is provided “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND/OR NON-INFRINGEMENT. The Foundation does not warrant that the Web Site will be error free or uninterrupted, nor does it warrant that files or data downloaded will be free of viruses or destructive features. The Foundation shall not be liable for any indirect, consequential, incidental, or punitive damages of any kind, even if the Foundation has been advised of the possibility of such damages. The Foundation is not responsible for the content of any off-site pages or other sites linked to the Web Site. Your use of links to any off-site pages or other sites is at your own risk. The Foundation reserves the right to terminate your access to the Web Site or any portion thereof.
All matters relating to the use of the Web Site or its content will be governed by the laws of New York State without regard to its conflict of laws provisions. Venue and jurisdiction for any dispute relating to the Web Site shall be adjudicated exclusively in the United States District Court for the Southern District of New York.