Terms & Conditions

Your use of this website (the “Site”) is conditioned on your acceptance of the following terms of use (the “Terms of Use”). By using the Site, you signify your agreement to these Terms of Use. The Louise Nevelson Foundation (the “Foundation”) reserves the right to change, modify or remove content from the Site without prior notice, due to

technical, regulatory or business limitations or for any other reason. The Foundation may modify these Terms of Use at any time at its sole discretion, and such modifications shall be effective immediately upon posting of the modified Terms of Use on the Site.

1. Content of the Site: The Site provides information on the life and work of Louise Nevelson®, as well as the work of the Foundation. The information, images, links to other sites, and other content displayed or included on the Site (the “Content”) is offered for informational and educational purposes only. The Foundation makes no representation or warranty regarding the Content, including without limitation any warranty with respect to the completeness, appropriateness or accuracy of the information on the Site, or any site that may be linked to the site. Under no circumstances will the Foundation be liable in any way for any claims, liabilities, damages, or losses of any kind related to your use of any Content.

2. Content Posted to the Site By You: Some of the Content may be contributed by Site users. If you submit articles, information, photos or other material for inclusion on the Site, you represent, warrant and covenant that such material is not pornographic, obscene, sexually explicit, abusive or hateful. By submitting any Content to
the Site, you further represent, warrant and covenant that such Content is entirely your own original work or that the owner of the work has granted you the right to submit the Content; that its publication and reproduction by the Foundation does not violate the copyrights, trademarks, trade secrets or proprietary or intellectual property rights of others; and that its publication by the Foundation will not constitute libel, defamation, invasion of privacy, or violation of the right of publicity of any other person. You also warrant that you have the right to grant the Foundation the rights in your Content that are outlined in Paragraph 3 (below). The Foundation reserves the right to remove Content at its discretion, including, without limitations, where the Foundation determines that it violates these Terms of Use. If you believe that any Content violates the Terms of Use or otherwise violates your or someone else’s rights, we invite you to notify us about your concerns. We will review your comments or concerns and take action we deem appropriate.

3. The Foundation’s Rights in Content Submitted Through the Site: By submitting Content through the Site, you grant the Foundation a non-exclusive, irrevocable, perpetual and worldwide license to display, transmit, reproduce, publish, distribute, create derivative works based upon, and otherwise use the Content in all forms and all media without the obligation to provide notice, compensation or credit, subject to the Privacy Policy posted on the Site. The Foundation is under no obligation to display content submitted for use on the Site, and may edit, modify or remove any Content for any reason and at any time. Even if the Foundation edits, modifies or removes Content you have submitted, the Foundation retains the right to publish, reproduce, display, distribute,

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transmit, create derivative works based upon, and otherwise use such Content in publications or media other than the Site, including books, compilations, periodicals, wire services, databases, electronic media and media not yet existing. The Foundation may assign, encumber or sublicense any or all of its rights under these Terms of Use. These terms will apply to all Content you submit through the Site unless you and the Foundation otherwise mutually agree in a separate, written agreement.

4. Limitations of Use: You shall not use or introduce into the Site any device, software or routine that could damage or interfere with the proper operation of the Site. You shall not directly or indirectly take any action to unduly stress the Site, including by way of example and not limitation incurring session lengths or conducting search queries that the Foundation reasonably determines to be abusive, or use any scraper, robot, spider or other automated mechanism to access the Site or to download the Content. The Foundation reserves the right to monitor use of the Site for conformance with these Terms of Use. You acknowledge and hereby consent to such monitoring.

5. Misuse: The Foundation reserves the right to terminate (a) your access to the Site and (b) your use of the Site if, in the Foundation’s reasonable belief, you have violated the usage limitations set forth in these Terms of Use.

6. Reservation of Rights: The Content is the property of and/or proprietary to the Foundation or its licensors. Nothing contained herein shall be construed as conferring to you, by implication or otherwise, any license or right under any copyright, patent, trademark or other proprietary right in the Content, and you expressly agree not to make any use of any Content in violation of the rights of the Foundation or its licensors. Anyone wishing to use copyrighted Content for any purpose other than “fair use” as defined by law must first request and receive prior written permission from the copyright owner.

7. Disclaimers: EXCEPT AS EXPRESSLY PROVIDED HEREUNDER, THE SITE IS PROVIDED “AS IS,” WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THE FOUNDATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, EXPECTED RESULTS, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. THE FOUNDATION SHALL NOT BE LIABLE TO YOU FOR ANY CLAIM OR LOSS CLAIMED BY YOU OR ANY THIRD PARTY RELATING TO BUSINESS OR PERSONAL DECISIONS MADE BY YOU AS A RESULT OF YOUR USE OF THE SITE AND THE SITE CONTENT. THE FOUNDATION DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR THE SERVICES. UNDER NO CIRCUMSTANCES SHALL THE FOUNDATION BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH DAMAGES ARE FORESEEABLE OR WHERE THE FOUNDATION HAS BEEN ADVISED OR HAS KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM YOUR USE OF THE SITE.

8. Restrictions; Indemnification: You warrant that you will not use the Site to conduct or engage in unlawful activities; to violate any law or regulation; or to violate or infringe upon the rights of the Foundation, or any third party, including without limitation contractual rights, intellectual property rights and privacy rights. You agree
to defend, indemnify, and hold harmless the Foundation and its officers, directors, employees, agents, assigns and licensors from any and all claims, demands, liability, judgments, costs and expenses (including reasonable attorneys’ fees and costs) arising out of or related to any breach of any warranty, representation, covenant or agreement made by you in these Terms of Use.

9. Governing Law. These Terms of Use is governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflicts of law provisions.

This privacy policy (the “Privacy Policy”) applies to information collected by the Louise Nevelson Foundation (the “Foundation”) through or in connection with the operation of this website (the “Site”). The Foundation may revise

this Privacy Policy from time to time by updating the information posted on the Site. Amendments to the Privacy Policy will be effective when posted. You should therefore periodically visit this page to review the current Privacy Policy, so that you are aware of any such revisions. This policy is in addition to the Terms of Use for the Site, the terms of which apply to your access and use of the Site.

1. The Information We Collect and How We Use It: We may collect two basic types of information from visitors to the Site: personally identifiable information and automatically generated information.

A.Personally identifiable information

Personally identifiable information is information that identifies the person to whom the information belongs – for example, a person’s name, address or e-mail address. By way of example only, when you make submissions to our catalogue raisonné or our oral history database, you may provide us with certain personally identifiable information, which may include your name, mailing address, telephone number and e-mail address.

Personally identifiable information is accessible by our officers, our employees, our contractors and our agents to the extent reasonably necessary for these people to do their jobs and mission related to the operation and management of the Site and the Foundation. We may also make personally identifiable information available to others as follows

With respect to personally identifiable information included in a submission to our catalogue raisonné, we will not disseminate such information publicly without first obtaining your permission to do so, except as otherwise specified in this Privacy Policy.
With respect to personally identifiable information included in a submission to our oral history database, we may display your name and city of residence to identify the source of your submission when we publish your submission on the web, in print, or otherwise. We will not disseminate other personally identifiable information publicly without first obtaining your permission to do so, except as otherwise specified in this Privacy Policy.

B. Automatically generated Information

Automatically generated information does not contain specific details about the identity of the person who provided it. Examples of automatically generated information include Internet protocol (IP) addresses and information collected via cookies (described below). When you visit and use the Site, we may in our discretion automatically gather this information. We may use this information in the aggregate to monitor the Site and to improve the Site’s offerings. Aggregated data are compiled into statistical and demographic information that we may use, and may share with others, to show preferences of Site users in the aggregate, but not the preferences of any individual user. Shared aggregated data do not include a level of detail that will reasonably permit anyone to associate an individual user with the user’s usage or preferences.

Cookies are small text files that are stored on your computer that retain your information and preferences relative to your activities on Site. Should you wish to prevent your computer from accepting cookies from the Site, you can change the settings on your web browser to either block cookies sent from the Site, or to disable cookies altogether. Please note that the Site may not function properly, or may function differently, if you choose not to receive cookies.

2. Other Permitted Uses of Your Information: We have the right to disclose and transfer personally identifiable information in connection with any transfer of our assets related to the Site to a successor. We may also disclose personally identifiable information to a third party if disclosure is required to comply with a subpoena, court order, and/or other legal instrument, legal proceeding or relevant law, or if there is an immediate, imminent threat to the safety of any person, the Foundation, or the Site.

3. Security: We make no representation that this site uses security methods of any kind, whether firewalls, encryption security layers or secured socket layers. No computer or network-based product exists that can provide “perfect security,” we cannot guarantee nor represent that the steps we have taken, or may take, to secure your information will prevent our systems from being compromised and your information from being disclosed.

4. Modifying Personally Identifiable Information: We allow any user of the Site to inspect the personally identifiable information we maintain about him/her and to request correction of any error in our records relating to the personally identifiable information that we maintain about him/her, all in accordance with the terms and procedures we may adopt from time to time. If you wish to inspect your records, please contact us via email at info@louisenevelsonfoundation.org or 215.790.9681.

5. Links to Other Websites: The Site may contain, or postings to the Site may include, links to websites that are not affiliated with the Foundation, and whose data security and privacy policies may differ from this Policy. We encourage you to review the privacy statements of each of the sites that are linked to or accessed from the Site so that you will be aware of how each visited site collects, uses and distributes such information. We are not responsible for the privacy practices employed by third party sites.

6. Children: The Foundation does not knowingly collect personally identifiable information from children under the age of 13 years old. If you are under the age of 13, you should not submit any personal information to us.