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Privacy Policy and Terms and Conditions of Use
INTRODUCTION
Gallery 57 Inc provides this Web site (the "Site") in support
of its gallery operations and to further the understanding and
appreciation of art by the public. It supplements the outstanding
art collections and programs we offer onsite at the Gallery 57
Inc, and through related alliances around the world. We encourage
you to use the Site and explore, subject to the specific terms
and conditions of use set forth here. ACCEPTANCE OF TERMS AND
CONDITIONS BY ACCESSING THIS WEB SITE, YOU ACCEPT WITHOUT LIMITATION
OR QUALIFICATION THESE TERMS AND CONDITIONS OF USE. GALLYER 57
MAY REVISE THESE TERMS AND CONDITIONS OF USE AT ANY TIME, BY WHICH
REVISIONS SHALL BIND YOU. IF YOU DO NOT WISH TO BE BOUND BY THESE
TERMS AND CONDITIONS, PLEASE EXIT THE SITE NOW AND REFRAIN FROM
FURTHER USE. INTEGRITY The Gallery has created and compiled the
Site with careful regard for accuracy and integrity of artists.
We believe that the context in which we present material is important
to understanding it, and we will improve, modify, enhance, and
expand the Site on a continuous basis. PROTECTION OF PRIVACY The
Gallery is committed to protecting the privacy of its Web site
visitors in accordance with applicable laws and regulations. The
Gallery 57 "Privacy Policy for Web site Visitors" governs all
information gathered from you in connection with your use of the
Site. The complete text of the Policy is available links on this
Website. Please note that the Site is not specifically dedicated
to children and the Gallery does not actively solicit information
from children. Children under the age of 12 are required to obtain
permission from an adult before accessing or submitting information
to the Site.
TRADEMARKS The names, titles, building images, trademarks, service
marks, and logos that appear on the Site are registered and unregistered
marks of Gallery 57, Inc. You may not use any Trademarks on this
Site without the Gallery's prior, written permission. The trademarks
of third parties may also appear on the Site from time to time;
you may not use these trademarks without prior, written permission
of their respective owners. You acknowledge and agree that nothing
on the Site grants, expressly or implicitly, by estoppel or otherwise,
any right or license to use any of the Gallery 57 Inc. Trademarks
or may be construed to mean that the Gallery has authority to
grant any right or license on behalf of any third party trademark
owner.
COPYRIGHTS The images, artworks, text, data, files, audio, and
video clips, illustrations, designs, and documentation (in whole
or in part, the "Content"), which appear on the Site, as well
as the collection, arrangement, and assembly of the Content (the
"Compilation"), are either proprietary to the Gallery 57 Inc,
or used in accordance with applicable law or third party consents.
You may not reproduce, distribute, display, transmit, modify,
perform, adapt, generate derivative works, or otherwise use the
Content or the Compilation without the prior, written permission
of the Gallery unless your use qualifies as (1) Fair Use or another
legislative exemption, (2) Special Permission for Educators, or
(3) Press Use, all of which are further described below.
FAIR USE AND OTHER EXEMPTIONS The Gallery does not object to
your reproduction, distribution, display, transmission, performance,
and use of the Content and/or Compilation if done in accordance
with 17 U.S.C. §107 ("Fair Use"), 17 U.S.C. §110 (the Teach Act),
or other applicable limitations and exemptions laid forth in the
U.S. Copyright Act and related laws. Unless otherwise noted on
the Web page, no express permission is required by the Gallery
for use that falls within Fair Use or another legislative exemption,
but two conditions apply: 1) No modifications may be made as to
the integrity or attribution of the Content and Compilation; and
2) All copies of the Content and Compilation must bear accurate
identifying information, including proprietary collection information,
credit lines, copyright and trademark notices, and a citation
to the Site: www.gallery57.com
BEYOND FAIR USE: SPECIAL PERMISSION FOR EDUCATORS The Gallery
recognizes that not every educational use qualifies for Fair Use
or another legislative exemption. In order to further support
the work of teachers and other educators, we therefore consent
to the following additional uses of our Site: Subject specifically
to the rights of third parties (which are entirely the responsibility
of the user), the Gallery consents to the reproduction, distribution,
display, transmission, performance, and use of the Content and
Compilation by individual teachers and other educators if done
for the limited purpose of classroom or workshop instruction (including
online instruction) in a school, museum, or other educational
organization; provided, however, said organization is a not-for-profit
corporation and provided, further, that the Content and Compilation
are not sold or otherwise commercially distributed. This provision
does not apply to corporations who package, prepare, or sell educational
materials for teachers and educators. Unless otherwise noted on
the Web page, no express permission is required by the Gallery
for a Limited Educational Exception, but two conditions apply:
1) No modifications may be made as to the integrity or attribution
of the Content and Compilation; and 2) All copies of the Content
and Compilation must bear accurate identifying information, including
proprietary collection information, credit lines, copyright and
trademark notices, and a citation to the Site: www.gallery57.com
PRESS USE Except where noted otherwise, photographs, images,
press releases and articles (the "Press Materials") that appear
on this page may be downloaded, reproduced and published (and
in the case of text-based materials, translated) by members of
the press for the sole purpose of creating or supporting timely
news stories related to the Gallery and the Press Materials in
newspapers, magazines, web publications, television or other media.
Use of the Press Materials for any other purpose requires the
additional, prior permission of the Gallery and may also require
the additional, prior permission of third party rights holders,
which permission is the sole responsibility of the press user.
Press Materials may not be downloaded reproduced or published
by commercial stock houses or archives under any circumstances.
To the extent you choose to use subsets of information from the
Press Materials, you agree that your use will not compromise their
original context, accuracy and integrity. Photographs and other
images must be reproduced in their entirety; you may not crop
or otherwise alter them. All Press Materials must include the
identifying information provided by the Gallery, including proprietary
collection information, credit lines, copyright and trademark
notices, if any, and a citation to the Site: www.gallery57.com
REQUESTING PERMISSION If your proposed use of the Gallery 57
Trademarks, Images, or Site Content does not meet the conditions
for Fair Use or another legislative exemption, Special Permission
for Educators or Press Use, you must request and obtain express
permission from the Gallery. Please be advised that the Gallery
is selective in granting such permission, and when we do grant
permission we may impose a fee. Commercial Use of the Gallery's
Trademarks, Images, and other Site Content, its intellectual property
assets, including use of the Gallery 57 name and other trade names,
images, images of select artwork, and other proprietary content
that may appear or be referenced on the Site may not be used without
the Gallery's written permission. Editorial Use of the Gallery's
Text and other Content The Gallery does not entertain requests
for permission to reproduce or otherwise use text, design, audio,
and video components from the Site. Use of Third Party Trademarks
and Images If you wish to reproduce or otherwise use trademarks
and/or copyrighted images that appear on the Site but do not belong
to us, you should contact the third parties who are referenced
as the rights holders. The Gallery 57, Inc. assumes no responsibility
for ascertaining whether such rights are valid or for securing
such rights on your behalf. Beyond the credit lines that may be
listed on the Site, the Gallery 57 Inc. does not provide addresses,
phone numbers, or other contact information for third party rights
holders.
RESERVATION OF RIGHTS All rights not expressly granted by the
Gallery 57, Inc. herein is specifically and completely reserved.
Nothing on the Site or in these Terms and Conditions of Use grants,
expressly or implicitly, by estoppel or otherwise, any right or
license to use any content or property of any third party, or
may be construed to mean that the Gallery has authority to grant
any right or license on behalf of any third party.
LINKS TO OUR SITE The Gallery appreciates the interest of others
in linking to our Site. If you arrive at our Site from a third
party link, please note that a link to our Site does not imply
a relationship with, or endorsement of, the third party site or
its content, purpose, policies or business practices. If you are
interested in providing a link from your site to our Site, please
note the following rules: 1) You must use the name "Gallery 57,
Inc.", "Gallery 57" or the URL "www.gallery57.com" to identify
the link; 2) You may not use the Gallery 57 logo or building image
without express permission of the Gallery. These are reserved
for entities who are professionally associated or affiliated with
us; 3) Your link must send visitors directly to our home page
located at www.gallery57. We do not permit deep linking to internal
pages of our Site, and we do not permit unauthorized framing of
pages on our Site.
LINKS FROM OUR SITE In using the Site, you may find that the
Gallery provides hyper-links to one or more third party Web sites
(the "Linked Site[s]"). The Gallery provides these links as a
convenience for you and other users, but is not responsible for
the content or links of the Linked Site(s). In most instances,
such links represent cooperative projects or endeavors established
with the Gallery's business affiliates, allies, sponsors, licensees,
artists, organizations and/or other persons who have a significant
connection to our business. Although Gallery 57 expects such links
to be reputable, relevant, and reliable, we do not actively monitor
or control the content or links of the Linked Sites, which may
continuously change. We encourage you to read the terms and conditions
and similar policies of the respective Linked Sites, should you
choose to visit them. A link from our Site does not imply a relationship
with, or endorsement of, the Linked Site(s) or its content, purpose,
policies, or business practices.
DIGITAL MILLENNIUM COPYRIGHT AGENT For purposes of the Digital
Millennium Copyright Act (DMCA) (17 U.S.C. §512, the Gallery has
designated an agent for notices of claimed infringement. If you
have any objections consistent with the provisions of this law,
please note the following contact:
Myron E. Siegel.
c/o Myron E. Siegel & Associates, Ltd.
2275 Half Day Road, Suite 350-1293,
Bannockburn, Illinois 60015 U.S.A.
Facsimile Number: 847-919-0804,
E-mail Address of Designated Agent: myron@siegelaw.com
The Gallery provides the above contact information for purposes
of the DMCA only and reserves the right to respond only to communication
that is relevant to this purpose. SUBMISSIONS Any communication
or material you post, transmit, or distribute to the Site by electronic
mail or otherwise, including any data or other content, questions,
comments, suggestions, or the like, is and will be treated as,
non-confidential and nonproprietary. The Gallery or its affiliates
may use anything you transmit or post for any purpose, including
but not limited to, reproduction, disclosure (to law enforcement
entities or others), transmission, publication, broadcast, and
posting. Furthermore, the Gallery is free to use any ideas, concepts,
know-how, or techniques contained in any communication you send
to the Site for any purpose whatsoever including but not limited
to, developing, manufacturing, and marketing products using such
information without compensating you.
WARRANTY AND INDEMNIFICATION By using this Site in any manner,
you represent and warrant that your use will be consistent with
the Terms and Conditions, including Fair Use and the Limited Educational
Exception noted. You agree to indemnify, defend with counsel of
our choice, and hold the Gallery harmless from all claims, causes,
costs, expenses, fees (including reasonable attorneys' fees),
judgments, liabilities, losses, and damages arising from or relating
to your use of the Site. DISCLAIMER OF WARRANTIES THE GALLERY
PROVIDES THE SITE ON AN "AS IS" BASIS. YOUR USE OF THE SITE, CONTENT,
AND COMPILATION IS AT YOUR OWN RISK. THE GALLERY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, COPYRIGHT OWNERSHIP AND/OR NONINFRINGEMENT
OF COPYRIGHTS OR OTHER THIRD PARTY PROPRIETARY RIGHTS. THE GALLERY
DOES NOT WARRANT THAT THE SITE WILL PROVIDE CONTINUOUS, PROMPT,
SECURE, OR ERROR-FREE SERVICE. THE GALLERY MAKES REASONABLE, ONGOING
EFFORTS TO REVISE AND UPDATE THE SITE, BUT ASSUMES NO LIABILITY
FOR ANY ERRORS OR OMISSIONS, INCLUDING 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 GALLERY ASSUMES
NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO,
OR VIRUSES MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY
ARISING FROM YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO
THE REPRODUCTION OF THE CONTENT OR COMPILATION. LIMITATION OF
LIABILITY NEITHER THE GALLERY, ITS AFFILIATES, DIRECTORS, OFFICERS,
EMPLOYEES, OR AGENTS 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 these Terms and Conditions 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 remaining terms and conditions contained
herein shall not in any way be affected or impaired thereby. In
such event, the parties agree that such invalid term(s) or condition(s)
shall be validly reformed by the court to as near approximate
the intent of the parties as reflected in the provision, and if
unreformable, shall be severed and deleted from these Terms and
Conditions of Use. The Gallery'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 agreed to
in writing by the Gallery.
VENUE AND CHOICE OF LAW These Terms and Conditions of Use and
any counterparts, amendments, or revisions thereto shall be governed
and construed in accordance with the laws of the State of Illinois,
without regard to principles of conflicts of laws. Any case, controversy,
suit, action, or proceeding arising out of, in connection with,
or related to this Agreement shall be brought in ay Federal or
State court located in Lake County and the State of Illinois,
and the parties hereby waive any objection that they may have
to personal jurisdiction in these courts.
ENTIRE AGREEMENT These Terms and Conditions of Use are the complete
statement of the agreement of the parties with respect to the
subject hereof and supersede all prior agreements and understandings
between the parties hereto with respect to the subject hereof.
In order to be binding, any amendment or modification of this
Agreement must be effected by an instrument in writing signed
by the parties. Copyright © 2006 GALLERY 57, Inc. All rights reserved.
Name of Agent Designated to Receive Notification of Claimed Infringement:
Myron E. Siegel Full Address of Designated Agent to Which Notification
Should be Sent: c/o Myron E. Siegel & Associates, Ltd. 2275 Half
Day Road, Suite 350-1293 Bannockburn, Illinois 60015 U.S.A. Facsimile
Number of Designated Agent: 847-919-0804 E-mail Address of Designated
Agent: myron@siegelaw.com Copyright © 2006 GALLERY 57, Inc. All
rights reserved. - www.gallery57.com
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