Foundation for Contemporary Arts
Website Terms of Use
Last Modified: April 14, 2021

  1. Acceptance of the Terms of Use

These terms of use are entered into by and between you and the Foundation for Contemporary Arts (“Foundation,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively,  “Terms of Use”), govern your access to and use of www.foundationforcontemporaryarts.org, including any content, functionality, and services offered on or through www.foundationforcontemporaryarts.org (the “Website”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use, our Privacy Policy, found at www.foundationforcontemporaryarts.org/privacy incorporated here by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. 

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.

  1. Changes to the Terms of Use

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, and apply to all access to and use of the Website from the time and date posted. However, any changes to the dispute resolution provisions set out in Section ‎20. Governing Law and Jurisdiction will not apply to any disputes for which the parties to these Terms of Use have actual notice on or before the date the change is posted on the Website. 

Your continued use of the Website following the posting of revised Terms of Use,  Privacy Policy, or Transaction Terms means that you accept and agree to the changes. Any changes to these Terms of Use, Privacy Policy, and Transaction Terms are binding on you, so you must check this page each time you access this Website. 

  1. Accessing the Website and Account Security

We reserve the right to withdraw, amend, or change this Website, and any service or material we provide on the Website, in our sole discretion and without notice. We will not be liable to you or any other person if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict a user’s (including a registered user’s) access to some parts of the Website or the entire Website. We may disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time and in our sole discretion, for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. We will not be liable for any losses or damages of any type, including, but not limited to, losses or damages due to a failure to complete a transaction or sale, arising as a result of or relating to our exercise of the rights listed in this paragraph.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use (and the Privacy Policy) and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete, and your provision of such information will be your representation that the information is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any transaction features on the Website, is governed by our Privacy Policy located at www.foundationforcontemporaryarts.org/privacy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

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.

  1. 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: info@contemporary-arts.org.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, promptly return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Foundation. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

  1. Trademarks

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.

  1. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • 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 manual process to monitor or copy any of the material on the Website, for any purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • 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.

 

  1. 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: info@contemporary-arts.org  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.

  1. Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of any information on the Website, or such information’s full compliance with applicable law. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. Nothing in these Terms of Use shall limit the disclaimers or be augmented to increase any warranties set forth in the Transaction Terms.

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.

  1. 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. 

  1. Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy www.foundationforcontemporaryarts.org/privacy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 

  1. 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.

Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

No Purchases by Minors: The shopping cart and checkout features of this Website are intended to be used by persons who have reached the age of majority according to the laws where they reside. By placing an order, you represent and warrant that you are of legal age to form a binding contract with the Foundation and agree to be bound by the terms, conditions, obligations contained in these Terms of Use, including the Transaction Terms.

Order Acceptance and Cancellation: You agree that your order is an offer to buy, under these Terms of Use, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.  The Foundation reserves the right, including without prior notice, to limit the quantity of items purchased per person, per household, or per order for any reason. We will attempt to notify you should such limits be applied.

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.  

We use Stripe® for payment processing and accept most major credit cards. Our provision of these services may be subject to an agreement with the applicable provider. By submitting your payment information to us, whether directly through the Website or through a third party account such as Stripe®, you hereby authorize us to collect any and all fees due in connection with your Website account or any sales transactions. You agree that, in addition to any other remedies available to us, we may suspend or terminate your Website account and suspend fulfillment of any open purchase requests for failure to make payments. You agree that we may ask a third-party service provider to take any action that we would be authorized to take ourselves. We are not affiliated with Stripe® or any credit card provider or bank. Your use of a given payment methods is subject to your agreement with that payment method provider, credit card company, or bank, but that will not affect your relationship with us. We disclaim any liability or warranties related to your relationship with your payment provider, credit card company, or bank. You are responsible for reviewing and agreeing to any applicable terms of use or service with these third parties. 

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.

We reserve the right to delay or block the completion of any transaction for purposes of evaluating compliance with laws, risk prevention, fraud detection, or as we otherwise deem it necessary in our sole discretion to protect Foundation for Contemporary Arts and its users from harmful, fraudulent, deceptive, or wrongful activities or any violations of the Transaction Terms or Terms of Use.

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. 

 

E-MAIL: info@contemporary-arts.org

CALL: 212-807-7077

  1. Foundation Grant Programs

The Foundation, as part of its mission, provides grants to support artists and their work.  Those grants, and the corresponding application, invitation, and/or nomination process(es), are governed by the terms of those grants and not by these Terms of Use or the Privacy Policy.  More information about the grant programs currently offered by the Foundation and how to apply can be found here: www. foundationforcontemporaryarts.org/grants.

  1. 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.

  1. Linking to the Website and Social Media Features

You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent, provided by our authorized representative, that explicitly references these Terms of Use. Requests for our written consent must be sent to info@contemporary-arts.org.

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.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

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. 

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. Indemnification

You agree to defend, indemnify, and hold harmless the Foundation, its affiliates, licensors, and service providers, and its and their respective officers, directors, MANAGERS, employees, contractors, agents, licensors, suppliers, successors, and assigns 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 Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, your use of any information obtained from the Website, OR ANY TRANSACTION OR SALE YOU CONSUMMATE ON THE WEBSITE.

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. 

  1. Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the state courts of the State of New York located in the Borough of Manhattan, New York City, New York, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

  1. Arbitration

At our election in our sole discretion, the parties shall submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.

  1. Waiver and Severability

No waiver by the Foundation 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 Foundation 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.

  1. Successors & Assigns; Assignment

These Terms of Use shall be binding upon and shall inure to the benefit of the parties and their respective permitted successors and assigns. Neither party may assign any of its rights under these Terms of Use without the prior written consent of the other party; provided, however, that we may assign any of our rights to an affiliate, or in connection with a sale or transfer of Foundation for Contemporary Arts assets or equity, regardless of whether such sale or transfer results in a change of control or the sale or transfer of all or substantially all the assets of Foundation for Contemporary Arts.

  1. Relationship of the Parties; Third Party Beneficiaries

Nothing herein shall be construed to create a joint venture or partnership between the parties hereto or an employee/employer relationship.  Except as provided by Sections ‎17, ‎18, and ‎19, these Terms of Use are for the sole benefit of the parties hereto and their respective successors and assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms of Use.

  1. Entire Agreement

The Terms of Use, our Privacy Policy, and the Transaction Terms constitute the sole and entire agreement between you and Foundation for Contemporary Arts regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. 

  1. 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: info@contemporary-arts.org.