These Terms and Conditions govern the use of information and images, including but not limited to text, photographs, works of art, video clips, and other materials (the “Content”) in conjunction or affiliated with the Sam Francis Foundation’s (the "Foundation") digital publication: Sam Francis: Online Catalogue Raisonné Project (the “Site”).’’
1. Only Authorized Users May Access the Site
Authorized Users are persons who use this Site and have therefore agreed to use the Site in accordance with the Terms and Conditions of Use. The Foundation reserves the right to restrict, deny, or revoke access to the Site at any time. Authorized Users may not sublicense or authorize access to the Site to anyone by sharing passwords or by other means. Failure to comply with the Terms and Conditions of Use shall be characterized as “Unauthorized Use.” Authorized Users shall promptly notify the Foundation of any known or suspected Unauthorized Use(s) of such an account, or any known or suspected breach of security.
2. Copyright Notice
The Content on the Site is protected by copyright. The Foundation retains all intellectual property rights, including copyrights, in and to works of art and text by Sam Francis depicted on this Site. Copyrights and other proprietary rights in the Content may be held by the Foundation in addition to individuals and organizations other than the Foundation. Authorized Users agree not to modify, obscure, or remove any copyright notices or other attribution included in the Site and not to authorize others to do so. These copyright notices include the copyright symbol (“©”), which may appear on such Content located on the Site. Authorized Users further agree to comply with applicable copyright laws, regardless of jurisdiction.
The Content on the Site is protected by trademark. The Foundation retains all intellectual property rights, including trademarks, in and to “SAM FRANCIS” and all related names, logos and designs (“Marks”). Trademarks and other proprietary rights in the Content may be held by the Foundation in addition to individuals and organizations other than the Foundation. Authorized Users agree not to modify, obscure, or remove any trademark notices or other attribution included in the Site and not to authorize others to do so. These trademark notices include the copyright symbol (“®”), which may appear on such Content located on the Site. Authorized Users further agree to comply with applicable copyright laws, regardless of jurisdiction. 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 Site are the trademarks of their respective owners.
4. Non-commercial Uses Only
The Site and its Content may only be used by Authorized Users and is made available for limited non-commercial, educational, and personal use only. Commercial use of the Site and its Content are strictly prohibited. Examples of prohibited uses include but are not limited to any commercial use of the Site and its Content; making Content available to individuals and entities for commercial use; reproducing Content in a publication; posting or sharing Content on an unrestricted website or in a publication made available on the Internet without access restrictions. Unauthorized commercial publication, exploitation or distribution in any manner of the Site, or the Content is prohibited.
Any such uses of the Content requires the advance written permission of the Foundation or its representatives, Artists Rights Society (“ARS”) indicated below. Permission for such use is provided for on a case-by-case basis at the sole discretion of the Foundation. The uses described above are monitored and protected by ARS throughout the world. To request permission for reproduction throughout the please contact the ARS (www.arsny.com), 65 Bleecker Street, 12th Floor, NY, NY 10012, Telephone: (212) 420-9160.
(1) In any way that violates any applicable federal, state, local or international law or regulation;
(2) To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm the Foundation or users of the Site or expose them to liability;
(3) To use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site;
(4) To use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
(5) To use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent;
(6) To use any device, software or routine that interferes with the proper working of the Site;
(7) To introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
(8) To attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
(9) To attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
(10) To otherwise attempt to interfere with the proper working of the Site.
The Site and its content are provided on an “as is” basis. The Foundation disclaims any liability and makes no warranties of any kind, either express or implied, with respect to any errors or omissions in the Site and/or its content. The Foundation reserves the right to change and alter the Site and its content at any time without notification. Artwork appearance on the Site is not to be used as a certification of authenticity, confirmation of title, or provenance. The Foundation is involved in ongoing evaluation of works attributed to Sam Francis, does not render opinions concerning authenticity, and provides information for educational purposes only.
Neither the Foundation nor any person associated with the Foundation makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Site. Without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the Site, its content or any services or items obtained through the Site 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 Site or any services or items obtained through the Site will otherwise meet your needs or expectations.
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 which cannot be excluded or limited under applicable law. In no event will the Foundation, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Site, any websites linked to it, any content on the Site or such other websites or any services or items obtained through the Site or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
7. Terms and Conditions are Subject to Change
8. Governing Law and Jurisdiction
9. Limitation on Time to File Claims
10. Waiver and Severability
Effective as of April 18, 2018; updated data as of April 28, 2019