Terms and Conditions

Terms and Conditions

The Pulitzer Arts Foundation Web site (“Site”) is provided to you under these terms and conditions (“Terms and Conditions”). The Pulitzer Arts Foundation (“PAF”) may at any time revise these Terms and Conditions by updating this posting. By accessing, browsing or using the Site, you accept and agree to, without limitation or qualification, these Terms and Conditions (and any amendments). You are encouraged to visit this page from time to time to review the current Terms and Conditions.

Copyrights and Fair Use

The text, images, data, audio and video clips, and other content on the Site (“materials”) are protected by copyright and may be covered by other restrictions as well. Pulitzer Arts Foundation, and relevant third parties, own and expressly reserve all rights, including copyright, in whole and in part, throughout the world, in the materials on the Site.

You may use this Site and the content thereof for noncommercial educational and personal use and for “fair use” as authorized under copyright law, provided that you also retain all copyright and other proprietary notices contained on the materials and cite the author and source of the materials.

You may not copy, distribute, modify, transmit, reuse, download, or use the contents of the Site for commercial purposes without the express prior written permission of the Pulitzer Arts Foundation. For images of works of art owned by PAF, contact PAF’s registrar, at registrar@pulitzerarts.org. Reproduction, including downloading of ARS Member works is prohibited by copyright laws and international conventions without the express permission of Artists Rights Society (ARS), New York. For works of art from other museums or collections reproduced on this Site, contact the organization credited in the work’s caption directly. For all other materials on the Site, contact registrar@pulitzerarts.org.

Works of art appearing on the Site may be protected by copyright, trademark, or publicity rights or other interests that are not owned by PAF. PAF MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO YOUR RIGHT TO REPRODUCE OR OTHERWISE USE ANY CONTENT OR MATERIALS, INCLUDING WORKS OF ART, ON THE SITE. It is your sole responsibility to (a) determine if it is necessary or prudent to obtain any third party rights or permissions for your use and/or if the fair use doctrine or other legal defense is applicable to your use, and (b) identify and obtain whatever copyright or other permissions may be required (if any) from an artist, agent, estate, or any other third party rights holder or representative.  You agree to fully indemnify and hold harmless PAF and its trustees, officers, employees, and agents against any and all claims, demands, liabilities, damages, and/or expenses of any nature, including without limitation reasonable attorney fees, arising out of or related to your use of content or materials on the Site.

Trademarks

The institutional names, exhibition names, and other trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on the Site, including “Pulitzer Arts Foundation” and variations thereof are Trademarks of Pulitzer Arts Foundation. The Trademarks of third parties may also be displayed on this Site. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the prior written permission of Pulitzer Arts Foundation or such third party that may own the Trademarks displayed on the Site. Any unauthorized use of the Trademarks or any other materials, is strictly prohibited.

Disclaimer of Warranties

Pulitzer Arts Foundation assumes no liability for any errors or omissions in the content of the Site. Pulitzer Arts Foundation is engaged in an ongoing process of updating and revising the materials on this Site. Pulitzer Arts Foundation further reserves the right to withdraw any image, text, or data from the Site at its sole discretion at any time. Pulitzer Arts Foundation assumes no liability for any damages or losses that may occur to you or any third party based on its actions. In the event that the Site is unavailable, either on a temporary or permanent basis, the Pulitzer Arts Foundation assumes no liability for any losses that may occur to you or any third party arising out of the unavailability of the Site.

All materials on the Site are provided “AS IS” and “AS AVAILABLE” WITHOUT A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, COPYRIGHT SUBSISTENCE, COPYRIGHT OWNERSHIP AND/OR NON-INFRINGEMENT OF COPYRIGHTS OR OTHER PROPRIETARY RIGHTS OF ANY THIRD PARTY. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL CORRECTED.

Pulitzer Arts Foundation assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your use of the Site or your downloading of any materials from the Site.

Limitation of Liability

PULITZER ARTS FOUNDATION, ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS AND EMPLOYEES, AND OTHER AGENTS AND REPRESENTATIVES SHALL HAVE NO LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, COMPENSATORY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RELATING TO THE USE OF THIS SITE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

Privacy

Pulitzer Arts Foundation may collect personal information when you visit or use the Site, subscribe to the email newsletter and/or mailing list, request information, or register to participate in programs. Pulitzer Arts Foundation automatically receives and records information from your computer and browser, including your IP address, cookie information, software and hardware attributes, location information, and the page you request. Pulitzer Arts Foundation may use information for the following general purposes: to customize the content that you see, contact you, fulfill your requests for products and services, improve the Site, and conduct research. Like many websites, the Site uses cookies, including third party cookies. If you don’t want to receive cookies, you can change your browsers to notify you when cookies are sent and then refuse cookies from certain web sites (or altogether). You can also delete cookies from your browser.

Third-Party Sites

Pulitzer Arts Foundation has not reviewed all of the sites linked to the Site and has no control over and is not responsible for the content or privacy policies of any off-site pages or other sites linked to the Site. Any Web sites linked to or from the Site (regardless of whether they are affiliated with Pulitzer Arts Foundation) are for your convenience only, and you access them at your own risk. Any information that you may provide to such third party sites are at your own risk.

Digital Millennium Copyright Act

For purposes of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. §512(c)(2), the Pulitzer Arts Foundation has designated an agent for notification of claimed infringement as follows: Pulitzer Arts Foundation, Attn: Registrar, Pulitzer Arts Foundation, 3716 Washington Blvd, St. Louis, MO 63108. Pulitzer Arts Foundation provides the above contract information for purposes of the DMCA only and reserves the right to respond only to correspondence that is relevant to this purpose.

Submissions

Any communications or material you transmit to the Site and/or to the Pulitzer Arts Foundation domain by electronic mail or otherwise, including but not limited to any data, questions, comments, or suggestions will be treated as non-confidential and non-proprietary. Anything that you transmit or post may be used by the Pulitzer Arts Foundation or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, the Pulitzer Arts Foundation is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site and/or to the Pulitzer Arts Foundation’s domain for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing such products using such information. These terms apply unless you have a prior, written agreement with the Pulitzer Arts Foundation in which the Pulitzer Arts Foundation agrees to different terms with respect to particular material, provided however that any communication or transmission made by electronic mail is non-confidential and non-proprietary. You also acknowledge and agree that the Pulitzer Arts Foundation will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose information or materials in our possession.

Purchasing on the Website

Pulitzer Arts Foundation has the right to refuse, limit, or cancel any orders placed on the Website. Errors in pricing or description are subject to correction and may be adjusted at any time. Errors in order processing are also subject to correction. A user must be 18 or older to make a purchase on the Website.

Indemnity

The user agrees to indemnify, defend, and hold the Pulitzer Arts Foundation and its respective supervisors, trustees, officers, agents, and employees harmless from all claims, causes, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of or operation of the Websites or any of its Materials.

Severance and Waiver

You acknowledge and agree that if any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. Furthermore, if any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision.

Pulitzer Arts Foundation’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing by the Pulitzer Arts Foundation.

Choices of Law and Jurisdiction

The Terms and Conditions are governed by the laws of the State of Missouri without regard to its conflict of laws rules. Each party hereby irrevocably consents to exclusive jurisdiction of the state and federal courts located in Saint Louis County, Missouri.

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