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The Terms of Use ("Terms") below are applicable to the Samuel H. Kress Foundation (the "Foundation") website, located at www.kressfoundation.org (the "Site"). Please read these Terms carefully before using the Site.  By accessing or using the Site, you thereby agree to be bound by these Terms, as well as our Privacy Policy. These Terms may be updated by the Foundation at any time. Your continued use of the Site after any such modifications shall constitute your acceptance of these Terms as modified.

If you do not agree to these Terms of Use for any reason, please do not use the Site.

Any inquiries regarding these Terms or permission requests should be directed to the Site Administrator.

Use of the Site and Content

The text, photographs, images and other materials (collectively, the "Content") of the Site are subject to copyright, trademark and other applicable law and are owned by the Foundation or licensed to the Foundation by third parties. Some of the Content on the Site is made available by the Foundation or a third party under the terms of a Creative Commons license that grants certain permission to use that item—please refer to each item of Content for the applicable licensing statement, if any.

You may not copy, reproduce, republish, upload, post, frame, transmit, display, modify, prepare derivative works based upon, or distribute in any way the Site or the Content, except that you may use Content owned by the Foundation subject to our prior written permission or for your limited personal, non-commercial use. Such prior written permission is granted with respect to Content for which a Creative Commons license is specifically stated to apply, solely in accordance with the terms of the applicable license. If you would like to use Content that is not owned by the Foundation, you must obtain permission from the owner of such Content.

All trade names, logos, trademarks and service marks which appear on the Site are the property of the Foundation or their respective owners, and you may not use any of the foregoing without the prior written approval of the owner.

You agree that when using this Site, you will not violate or facilitate any violation of any applicable local, state, federal or international law, rule or regulation, or the intellectual property rights or other rights of any person. You may not interfere with the functioning of the Site or restrict or inhibit others from using the Site.

Links

This Site contains links to and from other websites, including sites of organizations funded by the Foundation and other third-party websites. These Terms do not cover any website other than this Site. The Foundation does not review or monitor, and is not responsible for, any website of another organization or the content on such website. The existence of a hypertext link to or from another website should not be interpreted as an endorsement thereof.  We advise you to review the terms of use and privacy policy of any website that you visit.

International Use

This Site is operated and controlled by the Foundation in the United States, and the Foundation’s databases are located in the United States. By using this Site, you consent to the transfer of data to, and its storage in, the United States. Those who access the Site from outside the United States are responsible for compliance with local laws, rules and regulations.

Disclaimer

The Site and its content are provided on an "as is" basis. The Foundation makes no representations or warranties, either express or implied, regarding the Site or the Content, and hereby specifically disclaims any and all such representations or warranties of any kind, including those with respect to the completeness, accuracy, or currency of information presented or its suitability for any particular purpose. Your use of the Site is solely at your own discretion.

Limitations of Liability

In no event shall the Foundation, its affiliates or their respective officers, directors, employees, donors, representatives or agents be liable to any party for any claims, liabilities, losses, costs or damages under any theory, including but not limited to any direct, indirect, punitive, special, incidental, or consequential damages arising out of or in connection with any access, use (or inability to use), or distribution of the Site or its Content.

Governing Law/Forum

These Terms are governed by the laws of the State of New York. Any dispute regarding these Terms of Use or your use of the Site shall be resolved solely in the state or federal courts located in New York, New York. By electing to use the Site, you agree to waive trial by jury in any such action.