Terms and Conditions & Privacy Policy

 

Judd Foundation provides its websites in support of its charitable mission. By accessing the Foundation’s websites, you accept these terms and conditions. Judd Foundation may revise these terms and conditions at any time, which revisions will be binding. By accessing and browsing juddfoundation.org, you accept the terms and conditions and other notices, without qualifications or limitations, and acknowledge full and complete acceptance of these terms.

 

Site Design
Subject Matter

Use of the Website
By accessing 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 (“Terms and Conditions”). Use of and browsing in the Site are at your risk. Neither the Foundation nor any other party involved in creating, hosting or maintaining the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. The Foundation assumes no responsibility, and shall not be liable for, any damages to, or viruses or malware that may infect your computer equipment or other property as a result of your access to, use of, browsing in, or downloading of any content from the Site.

Trademarks
The trademarks and logos (collectively, the “Trademarks”) displayed on this Site, including Donald Judd, Judd Foundation, and Donald Judd Furniture, are registered 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 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.

The 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 the Foundation or its rights agent, Artist Rights Society (ARS), New York.

Donald Judd Art © 2018 Judd Foundation / Artists Rights Society (ARS), New York

Donald Judd Text © 2018 Judd Foundation

The Site contains photographs contributed by the following: Elizabeth Baker; Jamie Dearing; James Evans; Elizabeth Felicella + Esto; Cuauhtli Gutiérrez, courtesy Galería Elvira González; Sol Hashemi; Zach Hilty/BFA.com; Leon Holub; Maris Hutchinson, EPW Studio; Leandro J./BFA.com; Flavin Judd; Rainer Judd; Paul Katz; Doris Lehni Quarella, courtesy Antonio Monaci; 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 the 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).

Please 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 Texas, 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 Presidio and the State of Texas. The parties hereby waive any objection that they may have to personal jurisdiction in these courts.

Privacy Policy

The Foundation is committed to protecting the privacy of its website visitors. The Foundation will not sell your personal information or share your information with any third parties except those contracted by the Foundation for the purposes of advancing its mission. These contractors are required to agree that they will use the information only for the Foundation’s purposes and will not share or sell any information with any other third party. Please note that Foundation’s website is not specifically dedicated to children. Children under the age of thirteen are required to obtain permission from an adult before submitting information to the Foundation’s websites.

The Foundation and its contractors are committed to protecting your information from loss or misuse, but there is always risk when transmitting information over the internet, and a chance of our security systems being thwarted. While we will attempt to protect your information, we cannot ensure the security and privacy of any information transmitted to us online, and you do so at your own risk.

The Foundation may collect information for the following purposes:

If you wish to receive information about the Foundation’s programs, you may subscribe via our website to our email lists. You may unsubscribe at any time following the instructions in each email. This service is hosted by a contractor that has agreed to use the information you provide only to send communication from the Foundation.

If you wish to make a donation or purchase tickets, your billing information may be required to complete an order.  These transactions will be facilitated by a contractor who has agreed to use the information you provide only for the purpose of completing your transaction and tracking membership and registration status.  Your personal information and credit card information is transmitted via an encrypted SSL connection and will not be sold to any third parties.  If you prefer to make a donation by phone, you may do so by calling the Foundation at +1 212 219 2747.

If you wish to access to press images, it requires the creation of an account with name, email, and affiliation. Your information will be used only by the Communications Department and will not be shared with any third party.

If you wish to access to research, it requires the creation of an account with name, email, and affiliation. Your information will be used only by the Archives and Catalogue Raisonné Department and will not be shared with any third party.

Share Features: The Foundation uses third-party services to enable easy sharing of content with others. The information you provide when using these services is subject to the third parties’ privacy policies.

Usage Analysis: The Foundation tracks visits usage of its website via a third party. This data is contains no personally identifying information.

Data Protection Privacy under the General Data Protection Regulation (“GDPR”): The GDPR protects personal data collected from citizens of European Union Member States. The Foundation collects and stores certain personal data through our website, in person or over the phone for the reasons set forth above. In order for the Foundation to collect this information, you must consent to the collection of your personal data. The Foundation will only use your personal data for the purposes established in this policy. The Foundation will store your personal data for as long as necessary to fulfill the purpose for which the personal data was collected and processed, including for the purposes of satisfying any legal, regulatory, accounting or reporting requirements. To determine the appropriate retention period for your personal data, we will consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use of disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve these purposes through other means, and the applicable legal requirements. Upon expiration of this time frame, the Foundation will securely erase and destroy all of your collected personal data, in accordance with applicable laws and regulations.

Personal Data
The term “personal data” includes information such as your name, address, email address, telephone number, IP address, credit card information, website cookies, and location. Personal information does not include data from which you can no longer be identified due to encryption or anonymity.

Rights to your Personal Data under the GDPR
If the GDPR applies to you, then you have particular rights as an individual under this regulation, including the right to: request access to your personal data stored by the Foundation and request certain information in relation to its processing; request a change and/or update be made to your personal data stored by the Foundation; and request restriction of processing of your personal data; request erasure of your personal data stored by the Foundation; and object to the processing of your personal data. To exercise one of these rights, please contact the Foundation at info@juddfoundation.org

This website is published in the United States and is subject to laws of the United States. If you are located in a country outside the United States and voluntarily submit personal information to the Foundation, you thereby consent to the general use of such information as provided in this Privacy Policy and to the transfer of that information to, and/or storage of that information in, the United States. The Foundation shall not be liable under any circumstances for damages resulting from use of information collected from visitors to the website.

Please note that the Foundation may revise this Privacy Policy at any time. You agree to be bound by this Privacy Policy and any modifications to this Privacy Policy by your continued use of the website, purchasing tickets, or otherwise providing personal information.

Last updated June 5, 2018