Terms & Conditions

Site Design
Subject Matter

Use of the Website

By accessing juddfoundation.org, or any other subdomain of juddfoundation.org (the “Site”) you warrant and represent to Judd Foundation (the “Foundation”) that you are legally entitled to do so and to make use of information made available via the Site and accept without limitation or qualification these terms and conditions (the “Terms and Conditions”).

Trademarks
The trademarks and logos (collectively, the “Trademarks”) displayed on this Site, including Donald Judd, Judd Foundation, and Judd Furniture, are registered and/or unregistered marks of the Foundation. The Trademarks of third parties may also be displayed on this Site. Nothing contained in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Site without the express written permission of the Foundation or any third party that may own the Trademarks displayed on the Site. Any unauthorized use of the Trademarks or any other Materials, except as authorized in these Terms and Conditions, is strictly prohibited.

Use of Images
The text, images, video clips and information on the Foundation Site are protected by copyright and may be covered by other restrictions as well. The Foundation retains all rights, including copyright for images and text (collectively, the “Materials”). Copyright and other proprietary rights may be held by individuals or entities other than, or in addition to, the Foundation.

Judd Foundation holds the worldwide copyright for all works by Donald Judd. The right to reproduce works in print, electronic, or other media must be cleared in advance of publication through Judd Foundation or its rights agent, Artist Rights Society (ARS), New York.

Donald Judd Art © 2017 Judd Foundation / Artists Rights Society (ARS), New York

Donald Judd Text © 2017 Judd Foundation

juddfoundation.org contains photographs contributed by the following:

Elizabeth Baker
James Evans
Elizabeth Felicella + Esto
Cuauhtli Gutiérrez, courtesy Galería Elvira González
Sol Hashemi
Zach Hilty/BFA.com
Maris Hutchinson, EPW Studio
Leandro J./BFA.com
Flavin Judd
Rainer Judd
Paul Katz
Liz Ligon
Ryan Lowry
Mad Wolf Photography
Alex Marks
Keith Park, courtesy Kukje Gallery
Eric Petschek
Charlie Rubin
Dietmar Schneider
Sarah Vasquez
Joshua White
Robert Wilson

Use of Materials
By downloading, printing, or otherwise using Materials from the Site, users agree to not violate the rights of the Foundation or any other person or entity. Information on United States copyright fair use law is available from the United States Copyright Office. Please note that you are responsible for determining whether your use is fair and for responding to any claims that may arise from your use.

Notwithstanding the foregoing, the Foundation only allows personal, educational, and other non-commercial uses of the Materials subject to the following terms. The user must (i) cite the author and source of the Materials (ii) cite and link to the Foundation’s website as the source of the Materials (iii) not remove any copyright, trademark or other proprietary notices including attribution, information, credits and notices that are placed near the Material used and (iv) comply with all terms or restrictions other than copyright as may otherwise apply to the Materials.

The Foundation does not warrant that use of the text, images, and content displayed on the Site will not infringe the rights of third parties not owned by or affiliated with the Foundation. You agree to indemnify, defend, and hold the Foundation, its affiliates, trustees, directors, officers, employees, or agents 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.

Unauthorized publication or exploitation of Judd Foundation’s files is specifically prohibited. Anyone wishing to use any of these Materials for commercial use, publication, or any purpose must request and receive prior permission as set forth in these Terms and Conditions.

Licensing and Request to Reproduce Works
If you wish to use the Materials for any purpose beyond the permitted uses, such as a commercial use or, you must obtain prior written permission from the Foundation (or other owner of the Materials as applicable).

Send your permission request or other inquiries, including requests for higher quality formats, including high-resolution digital images to jhicks@arsny.com.

Disclaimer of liability
The Foundation shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the Site, any information contained on the Site, your or your company’s personal information or material and information transmitted over our system.

Conflict of terms
If there is a conflict or contradiction between the provisions of these Terms and Conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the Site shall prevail in respect of your use of the relevant section or module of the Site. The Foundation may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms and Conditions. The 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 agreed to in writing by the Foundation.

Jurisdiction
These Terms and Conditions and any amendments 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. Any dispute arising out of, in connection with, or related to these Terms and Conditions, your visit to the Site, or to any product or services sold or distributed in connection with the Site, shall be brought in any Federal or State court located in New York County and the State of New York. The parties hereby waive any objection that they may have to personal jurisdiction in these courts.

Purchasing on the Site
The Foundation has the right to refuse, limit, or cancel any orders placed on the Site in its sole discretion. Errors in pricing 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 Site.

When you purchase an item from the Foundation store online, the Foundation and its third party merchants and agents will request information necessary to process your purchase or process your membership and acknowledge your contribution: your name, billing and shipping address, telephone number, e-mail address and credit card information. Your credit card information will be stored and used only for the purpose of processing and documenting the transaction. We will retain your personally identifiable information for our records, in order to facilitate better customer service, and to inform you of our products, promotional offers and member benefits.

We do not make your Personal Information available to third parties except as permitted by these Terms and our Privacy Policy.

Last updated January 4, 2017