TERMS AND CONDITIONS

These Terms and Conditions (“Terms”) set forth the terms and conditions of your use of The Guston Foundation’s (referred to as, the “Foundation,” “us,” “we,” or “our”) website, www.philipguston.org (the “Site”).

Please read these Terms carefully. By accessing the Site, you agree to be bound by and comply with the Terms. If you do not agree to these Terms, you may not access the Site.

Copyright & Trademark

All of the content featured or displayed on the Site (“Content”) including, but not limited to, images of works of art by Philip Guston, text, photographs, and other materials is protected by copyright law and owned by the Foundation’s licensors, the Foundation, and/or its Content providers.

You may make reproductions of Content solely for non-commercial educational, research, and personal purposes, subject to these Terms and provided that you do not remove any copyright, trademark or other proprietary notices from the Content. Otherwise, you may not use any of the Content without prior written permission from the Foundation or the entity(ies) or individual(s) the Foundation designates to you for purposes of granting or withholding the relevant permission(s). For additional information, please contact info@philipguston.org.

PHILIP GUSTON and other trademarks used on the Site are trademarks owned by the Foundation or its licensors (“Our Trademarks”). You may not use Our Trademarks without prior written authorization from us or our licensors, as applicable.

Catalogue Raisonné

The Site links to the digital publication Philip Guston Catalogue Raisonné (“Catalogue Raisonné”), a project of Guston CR LLC. The Catalogue Raisonné and its website, www.gustoncrllc.org, is a Third-Party Website as described below and subject to its own Terms and Privacy Policy.

Privacy

These Terms incorporate by reference the Privacy Policy. Please read the Privacy Policy carefully as you agree to its terms when you use the Site.

Links to Third-Party Websites

The Site 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 websites’ terms of use and privacy statements, which you should review carefully to learn about their practices.  The inclusion of links on our Site 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 Site, you do so entirely at your own risk.

Frames; Metatags; Links to the Site

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 Trademarks, marks confusingly similar to Our Trademarks, or our name.

Disclaimers

THE SITE, CONTENT, AND LINKS AVAILABLE THROUGH IT ARE AVAILABLE “AS IS” AND “AS AVAILABLE.”  WE DO NOT WARRANT THAT THE SITE OR ANY CONTENT AND LINKS AVAILABLE THROUGH IT WILL BE UNINTERRUPTED OR ERROR-FREE.  THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN CONTENT AVAILABLE ON THE SITE.  WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR NON-INFRINGEMENT OF ANY CONTENT AVAILABLE ON THE SITE OR CONTENT OR SERVICES AVAILABLE THROUGH LINKS TO THIRD-PARTY WEB SITES.  WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON THE SITE AND IN ITS CONTENT.  IF YOU RELY ON THE SITE AND ANY CONTENT AVAILABLE THROUGH IT, YOU DO SO ENTIRELY AT YOUR OWN RISK.

TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, THE FOUNDATION DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SITE AND ANY CONTENT OR INFORMATION THAT IS AVAILABLE THROUGH IT, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE HAS BEEN DISCLOSED).

ALTHOUGH THE FOUNDATION INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER MALICIOUS CODE TO THE SITE, THE FOUNDATION DOES NOT GUARANTEE OR WARRANT THAT THE SITE, OR CONTENT THAT MAY BE AVAILABLE THROUGH IT, ARE FREE FROM SUCH DESTRUCTIVE FEATURES.  THE FOUNDATION IS NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.

Limitation of Liability

THE FOUNDATION AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, VOLUNTEERS, AND ADVISORS (AS WELL AS THE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, VOLUNTEERS, AND ADVISORS OF EACH AND EVERY AFFILIATE OR SUBSIDIARY OF THE FOUNDATION), WHETHER IN SUCH CAPACITIES OR INDIVIDUALLY, AND THE HEIRS, SUCCESSORS AND ASSIGNS OF EACH OF THEM (TOGETHER, THE “COVERED PARTIES”) ARE NOT LIABLE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON LOSS OR INJURY BECAUSE OF ERRORS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES IN THE SITE OR ANY CONTENT AVAILABLE THROUGH IT, INCLUDING LOSS OR INJURY THAT RESULTS FROM YOUR BREACH OF ANY PROVISION OF THESE TERMS.

UNDER NO CIRCUMSTANCES WILL THE FOUNDATION OR THE COVERED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR CONTENT AVAILABLE THROUGH IT OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER 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 SITE OR CONTENT IS LIMITED TO $25. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, hold harmless, and defend (only if requested) the Foundation and the Covered Parties against all Claims that the indemnified parties may incur arising out of your use of the Site, its Content, or violation of these Terms, including the costs and expenses of enforcing the right to indemnification under this paragraph.  The term “Claims” shall mean any and all claims, causes of action, suits, rights, demands, debts, liabilities, losses, damages, costs or expenses, including attorneys’ fees and disbursements, whether at law or in equity. The Foundation reserves 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 may reasonably request.

Changes to the Terms

The Foundation 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. Your continued use of the Site after we post updated Terms means that you accept and agree to such Terms. We recommend checking back on this web page regularly if you use the Site.

Termination

We reserve the right to terminate the Site, these Terms, and any Content offered through the Site at any time without notice, for any reason.  The “Copyright & Trademark,” “No Authentication,” “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.

General

These Terms (which includes the Privacy Policy) are the complete agreement between you and the Foundation regarding your use of the Site and is governed by applicable federal laws and the laws of the State of New York applicable to agreements made and completely performed there.  Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction and venue of the United States District Court for the Southern District of New York located in the Borough of Manhattan in the City of New York or, only if such court does not have subject-matter jurisdiction, the Supreme Court of the State of New York, New York County.

You irrevocably agree to bring any claim or dispute relating to your use of the Site and these Terms exclusively in the state and federal courts located in 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.

Questions

Please email info@philipguston.org with any questions you may have about these Terms.

Last Updated: 8/23/19

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