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Terms & Conditions of use



Introduction
AFiN- Agentur fur ihren Namen ("AFiN" or "we") provides the www.delempicka.org Web site, and related features (such services, collectively, referred to herein as the "Site"), in support of its mission to further the understanding and appreciation of art by the public. It supplements the outstanding art collections and educational programs we offer through related alliances around the world. We encourage you to use the Site as a research and information tool, subject to the specific terms and conditions of use (the "Terms and Conditions of Use") set forth here.

Acceptance of Terms and Conditions

BY ACCESSING THE WEB SITE, YOU ACCEPT WITHOUT LIMITATION OR QUALIFICATION THESE TERMS AND CONDITIONS OF USE. AFIN MAY REVISE THESE TERMS AND CONDITIONS OF USE AT ANY TIME, 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
AFiN has created and compiled the Site with careful regard for accuracy and integrity of scholarship. 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. Thus, while we recognize that the Site may allow you to access subsets of this material, we urge you to consider the complete context for maximum appreciation and accuracy.

Protection of Privacy
AFiN is committed to protecting the privacy of its Web site visitors in accordance with applicable laws and regulations. Please note that the Site is not specifically dedicated to children and that AFiN does not actively solicit information from children.

Trademarks
The names, titles, building images, trademarks, service marks, and logos that appear on the Site are registered and unregistered marks. You may not use any Trademarks without 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 trademarks or may be construed to mean that AFiN 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 AFiN 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 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

AFiN 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 set forth in the U.S. Copyright Act and related laws.
Unless otherwise noted on the Web page, no express permission is required 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.DeLempicka.org 

Beyond Fair Use: Special Permission for Educators

AFiN 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, in accordance with our own charitable and educational mission, 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), 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 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.DeLempicka.org.

Press Use
AFiN provides dedicated pages on the Site for members of the press. Except where noted otherwise, photographs, images, press releases,
and articles (the "Press Materials") that appear on these pages 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 AFiN and the exhibitions, programs, and events covered in 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 AFiN 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 AFiN, including proprietary collection information, credit lines, copyright, and trademark notices, if any.
 

REQUESTING PERMISSION
If your proposed use of the Tamara de Lempicka trademark or 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 AFiN. Please be advised that AFiN is selective in granting such permission, and when we do grant permission we generally impose a fee.
 

Commercial Use of the Tamara de Lempicka Trademarks and Content
AFiN maintains an active licensing program for commercial use of its intellectual-property assets, including use of the Tamara de Lempicka name and other trade names, images, images of select artwork, and other proprietary content that may appear or be referenced on the Site. For more information on our Licensing Program, or to request permission related to your product, service, or promotion thereof, please contact officetamaraafintamaraat.

Editorial Use of the Tamara de Lempicka Images
AFiN maintains an extensive archive of art images related to its history and collection, some of which may appear or be referenced on the Site. Subject to the rights of third parties (which are entirely the responsibility of the user), AFiN makes these available to the public for personal, scholarly, educational, and editorial use.

Editorial Use of Text and Other Content
We do not entertain requests for permission to reproduce or otherwise use text, design, audio, and video components from the Site however, links to the Site are permitted as described in Links to Our Site, below.

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. We assume no responsibility for ascertaining whether such rights are valid or for securing such rights on your behalf.
 

Reservation of Rights

All rights not expressly granted by AFiN herein are 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 AFiN has authority to grant any right or license on behalf of any third party.

Links to Our Site
We appreciate 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:You must use the name Tamara de Lempicka or the URL www.delempicka.org to identify the link;

You may not use the Tamara de Lempicka logo or image without express permission. These are reserved for entities who are professionally associated or affiliated with us;

Your link must send visitors directly to our home page located at www.delempicka.org or
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 we provide hyperlinks to one or more third party Web sites (the "Linked Sites"). We provide these links as a convenience for you and other users but is not responsible for the content or links of the Linked Sites. In most instances, such links represent cooperative projects, allies, sponsors, licensees or other organizations or individuals who have a significant connection to our mission and programs. Although AFiN 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), Tamara de Lempicka estate 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: office@afin.at. We provide the above contact information for purposes of the DMCA only and reserve the right to respond only to communication that is relevant to this purpose.


User-Generated Content: Submissions, Comments, Entries

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, nonconfidential and nonproprietary. Anything you transmit or post may be used by AFiN or its affiliates for any purpose, including but not limited to reproduction, disclosure (to law enforcement entities or others), transmission, publication, broadcast, and posting. Furthermore, we are 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.
AFiN may at times provide forums on the Site for the exchange of ideas and information by participants. By participating in or contributing to any such forum or other interactive feature of the Site, you agree in addition to be bound by any rules posted in connection with the Forum or other feature. By posting or distributing information, materials, or modifications to the Site, you expressly abandon any proprietary rights you may have therein, and you agree that such information, materials, or modifications may be freely used, copied, and distributed by others, without your permission, in any medium throughout the world. To the extent you wish to post or distribute information, materials, or modifications to the Site that you do not own, we require you to obtain any necessary permissions from the third-party owners before doing so. You acknowledge and agree that you will not upload, distribute, or otherwise post or link to any information, materials, or modifications to the Site that are libelous, defamatory, threatening, abusive, obscene, unlawful, or that encourage a criminal offense; contain any viruses or other code, file, or program that is designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; infringe the copyright or other proprietary rights of any third party; or contain any advertising, promotional, or solicitation material.

You acknowledge that any submission you make to the Site (including without limitation comments, blog entries, forum messages, audio, video, or photographs) may be edited, removed, modified, altered or changed, including in a manner not agreeable to you.  

AFiN specifically reserves the right to delete, move, or edit submissions that, in its sole discretion, it deems offensive, abusive, defamatory, obscene, or off topic as well as submissions that AFiN believes may violate copyright laws or trademark laws or are otherwise unacceptable.  

AFiN cannot and does not review every submission to the Site and is not responsible for the content of such messages. 

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, and hold AFiN 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

WE PROVIDE THE SITE ON AN "AS IS" BASIS. YOUR USE OF THE SITE, CONTENT, AND COMPILATION IS AT YOUR OWN RISK. WE DISCLAIM 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. AFiN DOES NOT WARRANT THAT THE SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. WE MAKE 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. WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER EQUIPMENT, DATA, OR OTHER PROPERTY ARISING FROM YOUR USE OF THE SITE, WHETHER DUE TO A COMPUTER VIRUS OR OTHERWISE.

"Cookies"
This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”).  Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States . Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage.  Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google.  You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.  By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.


Limitation of Liability

NEITHER AFiN, ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, NOR 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 any such invalid term or condition shall be validly reformed by the court to as nearly as possible 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. AFiN'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 AFiN.

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.

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