User’s Policy

Privacy
The Gorky Foundation is committed to ensuring your privacy when you visit our website. Unless it is knowingly provided by you and you have agreed to the terms under which we may use this information, the Gorky Foundation does not collect personal identifiable information about you such as your name, telephone number, mailing or email address. Please understand, however, that by using this website and by communicating with us by email, you agree to the terms of the Gorky Foundation Privacy Policy, which may be periodically updated, and which is set forth in our Terms of Usage.

Permitted Use of Your Personal Information
The Gorky Foundation will not sell, trade, or rent your personal information to others. We will, however, use the personal information you provide to our website, for example, to respond to your inquiries, and to provide you with the services and features offered on or through our website. 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 understand that where compelled to do so by government authorities, the Gorky Foundation may release user information to such authorities as well as to other third parties at our discretion, where such release is reasonably necessary to comply with the law, enforce the terms of any of our user agreements or protect the rights, property and safety of the Foundation, its users or others.

Children Twelve and Under
The Gorky Foundation 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.

Cookies
The Gorky Foundation makes use of “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 these cookies. The Gorky Foundation’s cookies will not be disclosed to any third party and are not linked to personally identifying information.

Phishing
Computer security has become a serious concern in light of ever-evolving modes of electronic communication. Users must remain alert to electronic fraud such as identity theft. Unauthorized individuals may commonly send e-mail messages to consumers in an attempt 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 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 that of a legitimate, reputable 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 request to us at .(JavaScript must be enabled to view this email address).

Updating our Confidentiality Policy
From time to time and at various times, the Gorky Foundation may revise its Confidentiality Policy in response to changes in the law, new ventures or programs undertaken by the Gorky Foundation, 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: .(JavaScript must be enabled to view this email address).

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. THE GORKY FOUNDATION 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 or materials (collectively, “Content”) are protected by copyright laws and may be covered by other restrictions as well. The Gorky Foundation retains all rights whatsoever including, without limitation, copyright, to all works of art by Arshile Gorky and all images and video files thereof, such images being an element of the Content. The Gorky Foundation retains all rights whatsoever including, without limitation, copyright to all other elements of the Content including, without limitation, the text, software, documentation, electronic text, clips, audio files, collection, arrangement and assembly of the Content of the website and other data, compilation or materials of the Content on the Gorky Foundation website. This website may also present materials copyrighted by parties other than the Gorky Foundation or the Gorky Estate (“Materials”) that have given the Gorky Foundation 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 or 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 commercial use or publication of any Content or Materials from the Gorky Foundation’s website is strictly prohibited.

Fair Use
Fair use of copyrighted material includes the use of protected materials for purposes of scholarship, research, teaching (including multiple copies for classroom use), news reporting, criticism or comment. Unless otherwise noted, users who wish to download or print Content or Materials from the Gorky Foundation’s website strictly for such uses are free to do so without our 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 the rights of the Gorky Foundation, the Gorky Estate or any other party 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.arshilegorkyfoundation.org.

Additional Rights for Educators
In addition to Fair Use, educators have an additional set of rights under copyright law. These rights are provided by the TEACH Act. Under this Act, 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. Moreover, 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. Accordingly, users who wish to download, print, copy and/or transmit Content or Materials from the Gorky Foundation’s website strictly for digital distance education are free to do so without our express permission, unless otherwise indicated. 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 the rights therein of the Gorky Foundation or any other party. 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.arshilegorkyfoundation.org.

Restrictions on Commercial Use
Unauthorized publication or exploitation of any Content or Material from the Gorky Foundation website is expressly 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 provisions of Fair Use or Additional Rights for Educators must request and receive prior written permission from the Gorky Foundation. Permission for such use is granted on a case-by-case basis at the sole discretion of the Gorky Foundation. The copyrights in all images of works by Arshile Gorky, as well as the works themselves, are owned by the Gorky Foundation and are monitored, protected and enforced by the Artists Rights Society. To request permission for reproduction, including downloading, of any images of the works of art on this website, please see the Rights and Reproductions section of this website.

User Responsibility
Please understand that it is your responsibility to determine whether a contemplated use by you of either the Content or Material is permitted as either a Fair Use (17 U.S.C. §107) as described above or as a use under the TEACH Act (17 U.S.C. §110) as described above or qualifies under other applicable limitations and exemptions set forth in the U.S. Copyright Act and related laws. In the event you have any question about the legality of your contemplated use of either the Content or the material, please contact .(JavaScript must be enabled to view this email address).

Trademarks
The names, titles, trademarks, service marks, and logos that may appear on this website are registered and unregistered marks of the Gorky Foundation (collectively, the “Gorky Foundation Trademarks”). You may not use the Gorky Foundation Trademarks without our prior written consent. The trademarks of third parties may also appear on our website from time to time. You may not use these trademarks without the prior, written consent of their respective owners. By accessing the Gorky Foundation 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 Gorky Foundation Trademarks or may be construed to mean that we have any authority to grant any right or license on behalf of any third party trademark owner.

Digital Millennium Copyright Agent
The Gorky Foundation respects the intellectual property rights of others. We may, under appropriate circumstances and at our discretion, remove, disable and/or terminate access to any Material and or Content on or linked to this website that we suspect to be infringing upon the intellectual property rights or other rights of the Gorky Foundation, the Gorky Estate, or any third party. For purposes of the Digital Millennium Copyright Act (DMCA) (17 U.S.C. §512), the Gorky Foundation has designated an agent for notices of claimed infringement: .(JavaScript must be enabled to view this email address).

Linking to Our Site: No Endorsement
The Gorky Foundation appreciates the interest of others in linking to our site. If you arrive at our site from a third-party link, please understand 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.

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 harmless the Gorky Foundation, the Gorky Estate, and their respective trustees, officers, directors, employees, agents and affiliates from and against all claims, allegations, costs, expenses, fees (including without limitation reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of this website.

Disclaimer of Warranties
THE GORKY FOUNDATION PROVIDES THIS WEBSITE ON AN “AS IS” BASIS. YOUR USE OF THIS WEBSITE, ITS CONTENT, AND MATERIALS IS AT YOUR OWN RISK. THE GORKY FOUNDATION DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT EXPRESSLY NOT LIMITED TO AUTHENTICITY, PROVENANCE, CONDITION, DESCRIPTION, AS WELL AS ANY WARRANTIES OF COPYRIGHT OWNERSHIP AND/OR NONINFRINGEMENT OF COPYRIGHTS OR ANY OTHER ROPRIETARY RIGHTS EITHER RELATING TO THE GORKY FOUNDATION, THE GORKY ESTATE, OR TO ANY THIRD PARTIES. THE GORKY FOUNDATION DOES NOT WARRANT THAT THE SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. WHILE THE GORKY FOUNDATION MAKES REASONABLE, ONGOING EFFORTS TO REVISE AND UPDATE THIS WEBSITE, THE GORKY FOUNDATION 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. THE GORKY FOUNDATION ASSUMES NO RESPONSIBILITY, 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 THE GORKY FOUNDATION 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 a 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 such provisions cannot be so reformed, shall be severed and deleted from this Confidentiality Policy and Terms of Use. Any failure by the Gorky Foundation 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 the Gorky Foundation.

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. The Gorky Foundation’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. * * *