Terms and Conditions

IMPORTANT  By Accessing this site, you accept without limitations the following terms and conditions of use.

THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF SERVICE AGREEMENT (THE “TOS”) GOVERN YOUR ACCESS TO AND USE OF THE WEB SITE AND ANY PROGRAMS, SERVICES, PRODUCTS, MATERIALS, OR INFORMATION AVAILABLE THROUGH THE SITE OR USED IN CONNECTION THEREWITH, (THE WEB SITE AND ITS ASSOCIATED, SERVICES, MATERIALS, AND INFORMATION ARE REFERRED TO HEREIN ON A COLLECTIVE BASIS AS “THE Site” OR “THIS SITE”. IF YOU DO NOT AGREE WITH THIS TOS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THIS SITE AND ARE INSTRUCTED TO EXIT THIS SITE IMMEDIATELY.

  1. LICENSE GRANT.  This Site is provided by Robert Rauschenberg Foundation (RRF) as an information resource and this TOS provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use this Site conditioned on your continued compliance with the terms and conditions of this TOS.  You may print and share materials and information from this Site (unless otherwise indicated) solely for your personal non-commercial use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.  NO IMAGES MAY BE REPRODUCED OR TRANSMITTED IN ANY MANNER WITHOUT THE PRIOR WRITTEN CONSENT OF RRF.
  2. RESTRICTIONS.  Notwithstanding the foregoing, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Site.  Specifically, and by way of illustration and not limitation, you may not separate and use any graphics, photographs, or other audio, visual, or video elements from the accompanying text or material without the prior express written permission of RRF and/or its licensor(s).  Moreover, you may not (i) use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of this Site or in any way reproduce or circumvent the navigational structure or presentation of this Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site, (ii) attempt to gain unauthorized access to any portion or feature of this Site or any other systems or networks connected to this Site or to any RRF server or to any of the services offered on or through the Site, by hacking, password "mining," or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of this Site or any network connected to the Site, nor breach the security or authentication measures on this Site or any network connected to the Site, (iv) reverse look-up, trace, or seek to trace any information on any other User of or visitor to the Site, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this Site or RRF's systems or networks or any systems or networks connected to the Site, (vi) use any device, software, or routine to interfere with the proper working of this Site or any transaction conducted on the Site, or with any other person's use of the Site, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to RRF on or through the Site, (viii) use the Site to harvest or collect e-mail addresses or other contact information; or (ix) use this Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact RRF.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, INFORMATION, OR MATERIALS PROVIDED BY RRF TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.  

  3. USER OBLIGATIONS.  By downloading, accessing, or using this Site in order to view any information and materials, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of this Site.  You also acknowledge and agree that use of the Internet and access to this Site is solely at your own risk.  While RRF has endeavored to create a secure and reliable Site, you should understand that the confidentiality of any communication or material transmitted to/from this Site over the Internet or other form of global communication network cannot be guaranteed.  Accordingly, RRF is not responsible for the security of any information transmitted to or from the Site.  You must make your own determination as to such issues.

  4. SPECIFIC PROGRAMS; OTHER TERMS AND CONDITIONS.  Additional notices, terms, and conditions may apply to, postings, receipt of services, participation in a particular program, event, conference or seminar. You agree to abide by such other notices, terms, and conditions.  If there is a conflict between this TOS and the terms posted for or applicable to a specific portion of the Site, the latter terms shall control with respect to your use of that portion of the Site.  RRF's obligations, if any, with respect to its services, programs, and/or products are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing on this TOS should be construed to alter such terms, conditions, notices, and agreements. 

  5. PRIVACY POLICY.  You understand, acknowledge, and agree that the operation of certain areas of the Site requires the submission, use, and dissemination of various personal identifying information.  Accordingly, if you wish to access and use those areas of the Site, you acknowledge and agree that your use of this Site will constitute acceptance of RRF's personal identifying information collection and use practices.  Please see RRF's Privacy Policy for a summary of RRF's personal identifying information collection and use practices.  

  6. PROPRIETARY RIGHTS.  This TOS provides only a limited license to access and use the Site.  Accordingly, you expressly acknowledge and agree that RRF transfers no ownership or intellectual property interest or title in and to this Site to you or anyone else.  All art works, text, graphics, headers, icons, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including HTML, CSS, XML, and JavaScript code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Site, unless otherwise indicated, are owned, controlled, and licensed by RRF and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations.  Except as expressly provided herein, RRF does not grant any other express or implied right to you or any other person under any intellectual or proprietary rights.  Accordingly, your unauthorized use of this Site may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes.  Please be aware that RRF does enforce its intellectual property rights to the fullest extent of the law and, in particular and without limitation, with respect to illegal use of terms confusingly similar to any of RRF's trademarks.  This Site is Copyrighted by RRF and/or its licensors.  All rights reserved.  RRF also owns a copyright in the contents of this Site as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of this Site.  Any downloadable or printable programs, directories, databases, information, or materials available through this Site and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by RRF., and all other names, designs, logos, and icons identifying RRF and its programs and services are proprietary trademarks of RRF, and any use of such marks, including, without limitation, as domain names, without the express written permission of RRF is strictly prohibited.  Other product, association, organization, and company names mentioned herein may be the trademarks and/or service marks of their respective owners. Copyright of Raushcneberg works are handled by VAGA or one of her sister agencies. Reproduction, including downloading of ARS works is prohibited by copyright laws and international conventions without the express written permission of Artists Rights Society (ARS), New York.

  7. THIRD-PARTY PRODUCTS/SERVICES.  RRF, in its sole discretion, may, feature and/or post materials, programs, products, and services provided by third parties.  RRF makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party materials, programs, products, and services or any other materials, programs, products, and services which such third-party materials, products, and services may access.  Accordingly, RRF expressly disclaims responsibility and liability for all third-party provided materials, programs, products, and services contained on or accessed through the Site, and you agree that RRF shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on this Site.  

  8. LINKS TO OTHER SITES.  RRF may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating or accessing related information, products, and/or services.  These sites have not necessarily been reviewed by RRF and are maintained by third parties over which RRF exercises no control.  Accordingly, RRF expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party Web sites.  Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party. 

  9. LINKING TO THE SITE.  Pursuant to the terms and conditions of this TOS, RRF hereby grants to you a personal, revocable, non-transferable, and non-sublicenseable right and license to link to this Site only so long as you do not use the RRF link in a manner that discredits, tarnishes, harms, or damages RRF, RRF's programs or services, or RRF's goodwill. However, any links to this Site or any other use of the RRF Logo should not be done in an unlawful manner or in a way that suggests that RRF promotes or otherwise endorses any politician or any products, services, programs, causes, campaigns, Web sites, or information unless RRF has provided prior written consent for such promotion or endorsement. As a condition to this license, you may not frame any link to this Site, and you acknowledge and agree that RRF has the right to request samples of use of the RRF Logo in order to ensure compliance with this TOS.  The failure to comply with this TOS shall result in immediate termination of any right to use the RRF Logo and may result in termination of your member, volunteer, or affiliation status with RRF.  

  10. DISCLAIMER.  WHILE RRF ENDEAVORS TO PROVIDE RELIABLE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS, THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON OR THROUGH THIS SITE ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES.  MOREOVER, RRF MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS AVAILABLE ON THIS SITE AT ANY TIME AND FOR ANY REASON.  YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THIS SITE.  RRF MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THIS SITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE.  RRF ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THIS SITE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY MESSAGE, FILE, AND/OR INFORMATION WILL BE STORED, ARCHIVED, OR DOWNLOADED FROM THE SITE IN A MANNER FREE OF VIRUSES OR CONTAMINATION OR OTHER DESTRUCTIVE FEATURES.

  11. LIMITATION OF LIABILITY.  Use of this Site is at your sole risk.  You expressly absolve and release RRF from any claim of harm resulting from a cause beyond RRF's control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions.  MOREOVER, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL RRF BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, WITH THE DELAY OR INABILITY TO USE THIS SITE, UNAUTHORIZED ACCESS OR USE TO ANY TRANSMISSIONS OR DATA, THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE THROUGH THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF RRF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

  12. INFRINGING MATERIAL.  RRF respects the intellectual property of others and expects users to do the same. As to allegedly infringing copyrighted works we comply with the take down and counter notification provisions of the DMCA, 17 U.S.C.A. § 512.  See below. (Http://www.copyright.gov/title17/92chap5.html#512 )

    1. Any allegedly infringing trademarked material that is used without consent of the trademark owner will be removed at RRF's discretion. To file a notice of infringement with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. If you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

    2. Identify in sufficient detail the copyrighted work or trademark usage that you believe has been infringed upon (for example, "The copyrighted work at issue is the text that appears on http://www.legal.com/legal_page.html") or other information sufficient to specify the copyrighted work being infringed. 

    3. Identify the material that you claim is infringing the copyrighted work or trademark listed in item 1 above. You must provide the URL to each RRF page that allegedly contains infringing material. 

    4. Provide your address, telephone number, and email address such that RRF can contact you. 

    5. Provide information, if possible, sufficient to permit RRF to notify the owner/poster of the allegedly infringing webpage or other content (email address is preferred). 

    6. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner or trademark owner, its agent, or the law." 

    7. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright/trademark owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed." 

    8. Sign the paper. 

    9. Send the written communication to info@rauschenbergfoundation.org

  13. INDEMNITY.  You agree to defend, indemnify, and hold harmless RRF and affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any content you post, breach of your warranties or representations and/or any breach by you of this TOS.

  14. GOVERNING LAW.  This TOS has been made in and will be construed and enforced in accordance with the laws of the State of New York as applied to agreements entered into and completely performed in the State of New York.  You agree to the personal jurisdiction by and venue in the state and federal courts in New York City, NY and waive any objection to such jurisdiction or venue. In any legal proceeding brought by RRF, RRF shall have the right to seek and be awarded all reasonable attorneys' fees and costs in addition to any other relief, at law or in equity, to which RRF may be entitled.

  15. ENFORCING SECURITY ON THE SITE.  Actual or attempted unauthorized use of this Site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law.  RRF reserves the right to view, monitor, and record activity on this Site without notice or permission from you, including, without limitation, by archiving notices or communications sent by you through the Site.  Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Site as well as to disclosures required by or under applicable law or related government agency actions.  RRF will also comply with all court orders or subpoenas involving requests for such information.  In addition to the foregoing, RRF reserves the right to, at any time and without notice, modify, suspend, terminate, or interrupt operation of or access to the Site, or any portion of this Site in order to protect the Site, RRF, or RRF's business.  Moreover, as a member, volunteer, or affiliate with RRF, you acknowledge and agree that violations of this TOS may result in a revocation or suspension of your member, volunteer, or affiliation status with RRF.

  16. INJUNCTIVE RELIEF.  You acknowledge that any breach, threatened or actual, of this TOS will cause irreparable injury to RRF, such injury would not be quantifiable in monetary damages, and RRF would not have an adequate remedy at law.  You therefore agree that RRF shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOS.  Accordingly, you hereby waive any requirement that RRF post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to RRF to enforce any provision of this TOS.

  17. TERM AND TERMINATION.  This TOS will take effect at the moment you register, respond to a request for information, and/or begin downloading, accessing, or using this Site, whichever is earliest.  RRF reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this Agreement, to deny your access to this Site or to any portion thereof in order to protect its name and goodwill, its business, and/or other Users, and this TOS will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below.  Termination will be effective without notice.  You may also terminate this TOS at any time by ceasing to use the Site, but all applicable provisions of this TOS will survive termination, as identified below. The provisions concerning RRF's proprietary rights, feedback and submissions, indemnity, disclaimers of warranty and liability, admissibility of this TOS, waiver and severability, entire agreement, and governing law will survive the termination of this TOS for any reason.

  18. WAIVER & SEVERABILITY.  Failure to insist on strict performance of any of the terms and conditions of this TOS will not operate as a waiver of any subsequent default or failure of performance.  No waiver by RRF of any right under this TOS will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.  If any part of this TOS is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOS shall continue in effect.

  19. ENTIRE AGREEMENT.  No joint venture, partnership, employment, affiliate, or agency relationship exists between you and RRF as result of this TOS or your utilization of this Site.  This TOS, RRF's Privacy Policy, and any other agreement or terms or conditions for services, donations, programs, or licenses for materials, information, or services available through the Site, which are all hereby incorporated by reference as if set forth fully herein, represent the entire agreement between you and RRF with respect to use of the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and RRF with respect to this Site.  You may not assign or transfer any rights under this Agreement without the prior written consent of RRF.  Please note that RRF reserves the right to change the terms and conditions of this TOS and the terms and conditions under which this Site and its many offerings are extended to you by posting a revised TOS or mailing and/or e-mailing notice thereof to you.  In addition, RRF may add, modify, or delete any aspect, program, or feature of this Site, but RRF is not under any obligation to add any upgrade, enhancement, or modification.  Your continued use of this Site following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this TOS.  Accordingly, please review the TOS found at this location on a periodic basis.

  20. QUESTIONS.  If you (i) have questions or comments regarding this Site, (ii) are interested in obtaining more information concerning RRF and its programs or services, (iii) want permission to use any RRF content, or (iv) are aware of or wish to report misuse of the Site or RRF materials by any person or entity, please contact RRF, Info@RauschenbergFoundation.org.