Terms of Use

TERMS OF USE AND PRIVACY POLICY

 

TERMS OF USE

ACCEPTANCE OF THE TERMS AND CONDITIONS
BY ACCESSING THIS WEBSITE, YOU ACCEPT WITHOUT LIMITATION OR QUALIFICATION THESE TERMS AND CONDITIONS OF USE. GLENSTONE MAY REVISE THESE TERMS AND CONDITIONS OF USE FROM TIME TO TIME AND AT VARIOUS TIMES AND YOU SHALL BE BOUND BY THE THEN-CURRENT REVISIONS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE EXIT THE SITE NOW AND REFRAIN FROM FURTHER USE.

COPYRIGHT
Images, text, software, documentation, electronic text and image files, clips, audio and video files, collection, arrangement, and assembly of the content of the website and other data, compilations of materials (collectively, "content") are protected by copyright laws and may be covered by other restrictions as well. Glenstone retains all rights whatsoever including, without limitation, copyright, to the Content and all elements thereof contained on the Glenstone website. This website may also present materials copyrighted by third parties ("Materials") that have given Glenstone permission to publish their Materials on this website. You may not reproduce, distribute, display, transmit, modify, perform, adapt, generate derivative works, or otherwise use either the Content of any element thereof, or the Materials or any element thereof, unless your use qualifies as a (1) Fair Use or another legislative exemption or (2) Special Permission for Educators, each of which is further described below. Any commerical use or publication of any Content or Materials from Glenstone's website is strictly prohibited.

FAIR USE
Fair use of copyrighted material includes the use of protected materials for purposes of criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship or research. Unless otherwise noted, users who wish to download or print Content of Materials from Glenstone's website strictly for such uses are free to do so without Glenstone's express permission. By downloading, printing, or otherwise using any Content or Materials from this website, you agree to limit any use of the Content or Materials to Fair Use, and further agree not to violate Glenstone's or any other party's rights therein. Any users of any Content or Material must cite its author and source as they would material from any printed work. The citation should include the URL http://www.glenstone.org.

SPECIAL PERMISSION FOR EDUCATORS
Under the TEACH Act of copyright law, educators have a separate set of rights in addition to Fair Use. Educators may display copyrighted material in the course of face-to-face teaching activities of a nonprofit educational institution or in a classroom or similar place devoted to instruction. In addition, copyright law permits educators in accredited nonprofit educational institutions to display certain copyrighted material and to make the copies integral to such display for digital distance education. Unless otherwise noted, users who wish to download, print, copy and/or transmit Content of Materials from Glenstone's website strictly for gisital distance education are free to do so without Glenstone's express permission. By downloading, printing, copying, transmitting or otherwise using any Content or Materials from this website, whether accessed directly from this website or through other sites or mechanisms, you agree to limit any use of the Content or Materials to digital distance education, and further agree not to violate Glenstone's or any other party's rights therein. Any users of any Content or Materials must cite its author and source as they would material from any printed work. The citation should include the URL http://www.glenstone.org.

USER RESPONSIBILITY
Please note that while Glenstone does not object to your use of either the Content or Materials, if your use qualifies as either a Fair Use (17 U.S.C. Section 107) as described above, or a use under the TEACH Act (17 U.S.C. Section 110) as described above, or qualifies under other applicable limitations and exemptions set forth in the U.S. Copyright Act and related laws, it is your responsibility to determine whether a contemplated use by you of either the Content or Material is a use permitted by law. In the event you have any question about the legality of your contemplated use of either the Content or the Material, please contact webmaster@glenstone.org.

COMMERCIAL USE IS RESTRICTED
Unauthorized publication or exploitation of any Content or Material from the Glenstone website is specifically prohibited. Anyone wishing to use any of such Content or Material for commercial use, publication, or any purpose other than as described above in either the rpovisions of Fair Use or the Special Permission for Educations must request and receive prior permission.

RESTRICTIONS ON USE OF VAGA-LICENSED IMAGES
Reproduction, including downloading, of VAGA-licensed images is prohibited without the express written permission of Visual Artists and Galleries Association, Inc. (VAGA), 350 Fifth Avenue, Suite 2820, New York, NY 10118. Tel: 212-736-6666; Fax: 212-736-6767; email: info@vagarights.com.

RESTRICTIONS ON USE OF ARS-LICENSED IMAGES
Reproduction, including downloading, of ARS-licensed images is prohibited without the express written permission of the Artists Rights Society (ARS), 536 Broadway, 5th Floor, New York, NY 10012. Tel: 212-420-9160; Fax: 212-420-9286; email: info@arsny.com.

TRADEMARKS
The names, titles, building images, trademarks, service marks, and logos that appear on the site are registered and unregistered marks of Glenstone (collectively, the "Glenstone Trademarks"). You may not use the Glenstone Trademarks without Glenstone's prior written consent. The trademarks of third parties may also appear on the Glenstone website from time to time. You may not use these trademarks without the prior, written consent of their respective owners. By accessing the Glenstone website, you acknowledge and agree that nothing on this website grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of the Glenstone Trademarks or may be construed to mean that Glenstone has any authority to grant any right or license on behalf of any third party trademark owner.

LINKING TO OUR SITE
Glenstone appreciates the interest of others in linking to our site. If you arrive at our site from a third-party link, please be advised that in no event does such a link to our site imply any relationship with, or endorsement of, the third party site or its content, purpose, policies or business practices.

DIGITAL MILLENNIUM COPYRIGHT AGENT
Glenstone respects the intellectual property rights of others. Glenstone may, in appropriate circumstances and at its discretion, remove, disable, and/or terminate access to any Material and or Content on our linked to this website that it suspects to be infringing upon either its own or any third party's intellectual property rights or other rights. For purposes of the Digital Millenium Copyright Act (DMCA) (17 U.S.C. Section 512), Glenstone has designated an agent for notices of claimed infringement: webmaster@glenstone.org.

WARRANTY AND INDEMNIFICATION
By accessing this website, you represent and warrant that your use thereof will be in accordance with all of the conditions of the Terms of Use as described herein. You agree to indemnify, defend, and hold Glenstone, its trustees, officers, directors, employees, agents and affiliates harmless from and against all claims, allegations, costs, expenses, fees (including without limitation reasonable attorney's fees), judgments, liabilities, losses, and damages arising from or relating to your use of this website.

DISCLAIMER OF WARRANTIES
GLENSTONE PROVIDES THIS WEBSITE ON AN "AS IS" BASIS. YOUR USE OF THIS WEBSITE, ITS CONTENT, AND MATERIALS IS AT YOUR OWN RISK. GLENSTONE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES OF COPYRIGHT OWNERSHIP AND/OR NONINFRINGEMENT OF COPYRIGHTS OR ANY OTHER PROPRIETARY RIGHTS EITHER RELATING TO GLENSTONE OR TO ANY THIRD PARTIES. GLENSTONE DOES NOT WARRANT THAT THE SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. WHILE GLENSTONE MAKES REASONABLE, ONGOING EFFORTS TO REVISE AND UPDATE THIS WEBSITE, GLENSTONE ASSUMES NO LIABILITY WHATSOEVER FOR ANY ERRORS OR OMISSIONS INCLUDING, WITHOUT LIMITATION, THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE SITE. GLENSTONE ASSUMES NO RESPONSIBLITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO THE REPRODUCTION OF ITS CONTENT OR MATERIALS.

LIMITATION OF LIABILITY
NEITHER GLENSTONE NOR ITS TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES SHALL HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SITE, CONTENT, AND/OR COMPILATION.

SEVERANCE AND WAIVER
You acknowledge and agree that in the event any provision of this Confidentiality Policy and Terms of Use shall be held by court of competent jurisdiction to be invalid, unlawful, or unenforceable, in any respect, the validity, legality, and/or enforceability of the provisions contained herein shall not in any way be affected or impaired thereby. In such event, the parties agree that such invalid provision(s) shall be validly reformed by the court to approximate as near as permissible the intent of the parties as reflected in the provision, and if unreformable, shall be severed and deleted from this Confidentiality Policy and Terms of Use. Glenstone's failure to exercise or enforce any right or provision of this Confidentiality Policy and Terms of Use shall in no event constitute a waiver of such right or provision unless agreed to in writing by Glenstone.

VENUE AND CHOICE OF LAW
This Confidentiality Policy and Terms of Use and any counterparts, amendments, or revisions thereto shall be governed and construed in accordance with the laws of the State of New York, without regard to principles of conflicts of laws. Glenstone's Confidentiality Policy and Terms of Use for this website may not be modified or amended. This Confidentiality Policy and Terms of Use is the complete statement of the agreement of the parties with respect to the subject matter herein and supersedes all prior agreements and understandings between the parties hereto with respect to such subject matter.

 

CONFIDENTIALITY POLICY

PRIVACY
Glenstone is deeply committed to safeguarding your privacy when you visit our website. Glenstone does not collect personal identifiable information about you, such as your name, mailing or email address, unless it is knowingly provided by you, and you have agreed to the terms under which Glenstone will use this information. However, please be aware that by using this website and by communicating with us by e-mail, you agree to the terms of the Glenstone Privacy Policy as is explicitly noted in our Terms of Use. In fact, we ask that our visitors periodically review this page to ensure familiarity with the most current version of our Privacy Policy.

USE OF YOUR PERSONAL INFORMATION
You can rest assured that Glenstone will not sell, trade, or rent your personal information to others. We will use the personal information you provide to our website, for example, to respond to your requests and inquiries, and to provide you with the services and features offered on or through our website, namely regarding upcoming exhibitions and visitation. We may use the information you provide to compile and provide aggregate statistics about our visitors, traffic patterns and related site information to third parties, or to maintain our internal record-keeping data but these statistics will not include any personally identifying information. Please be aware that Glenstone may release user information to government authorities, where such release is reasonably necessary to comply with the law, enfore the terms of any or our user agreements or protect the rights, property and safety of the Foundation, its users or others.

COOKIES
Glenstone uses "cookies" to improve your return access and visits to the site. You may choose to reject these cookies at any time without preventing your access to the site. However, please note that refusing a cookie may, in some cases, preclude you from using, or negatively impact the display or function of our website or certain areas or features of the website.  For maximum enjoyment of the entire site, we recommend that you accept the Glenstone's cookies. Glenstone's cookies will not be disclosed to any third party and are not linked to personally identifying information.

PHISHING
As modes of electronic communication continually evolve, computer security has become a serious concern. Users must remain alert to electronic fraud such as identity theft. It is common for unauthorized individuals to send e-mail messages to consumers in attempting to acquire sensitive information by masquerading as a legitimate company, such as an on-line merchant. This illegal activity has come to be known as "phishing." Unfortunately, when phishing occurs, the domain name or the e-mail address from which the e-mail appears to have been sent, and the domain name of the website requesting such information, can appear to be the domain name of a legitimate, trusted company. If you receive an e-mail or other correspondence requesting that you provide any sensitive information (including your website password or credit card particulars) to a website not appearing to be affiliated with this website, or that otherwise seems suspicious to you, please do not provide such information, and report such requests to us at webmaster@glenstone.org.

CHILDREN TWELVE AND UNDER
Glenstone does not solicit personal information from children. Visitors twelve years of age and under should remember that they are required to obtain an adult's permission before submitting any personal information to this website.

REVISIONS TO OUR CONFIDENTIALITY POLICY
Please note that Glenstone may revise its Confidentiality Policy from time to time and at various times. Such revisions may arise in response to changes in the law, new ventures or programs undertaken by Glenstone, or other factors. We encourage you to periodically visit this page to review our most current policies. Please feel free to contact us with your questions, comments, or concerns about our Privacy Policy or any other aspect of our website visit at: webmaster@glenstone.org.