T&C

TERMS OF USE

Your use of this website (the “Site”) is conditioned on your acceptance of the following terms of use (the “Terms of Use”). By using the Site, you signify your agreement to these Terms of Use. Nevelson.com reserves the right to change, modify or remove content from the Site without prior notice, due to technical, regulatory or business limitations or for any other reason. Nevelson.com may modify these Terms of Use at any time at its sole discretion, and such modifications shall be effective immediately upon posting of the modified Terms of Use on the Site.

1. Content of the Site: The Site provides information on the life and work of Louise Nevelson®. The information, images, links to other sites, and other content displayed or included on the Site (the “Content”) is offered for informational, educational, licensing or sales purposes only. Nevelson.com makes no representation or warranty regarding the Content, including without limitation any warranty with respect to the completeness, appropriateness or accuracy of the information on the Site, or any site that may be linked to the site. Under no circumstances will Nevelson.com be liable in any way for any claims, liabilities, damages, or losses of any kind related to your use of any Content.

2. Content Posted to the Site By You: Some of the Content may be contributed by Site users. If you submit articles, information, photos or other material for inclusion on the Site, you represent, warrant and covenant that such material is not pornographic, obscene, sexually explicit, abusive or hateful. By submitting any Content to the Site, you further represent, warrant and covenant that such Content is entirely your own original work or that the owner of the work has granted you the right to submit the Content; that its publication and reproduction by Nevelson.com does not violate the copyrights, trademarks, trade secrets or proprietary or intellectual property rights of others; and that its publication by Nevelson.com will not constitute libel, defamation, invasion of privacy, or violation of the right of publicity of any other person. You also warrant that you have the right to grant Nevelson.com the rights in your Content that are outlined in Paragraph 3 (below). Nevelson.com reserves the right to remove Content at its discretion, including, without limitations, where the Nevelson.com determines that it violates these Terms of Use. If you believe that any Content violates the Terms of Use or otherwise violates your or someone else’s rights, we invite you to notify us about your concerns. We will review your comments or concerns and take action we deem appropriate.

3. Nevelson.com Rights in Content Submitted Through the Site: By submitting Content through the Site, you grant Nevelson.com a non-exclusive, irrevocable, perpetual and worldwide license to display, transmit, reproduce, publish, distribute, create derivative works based upon, and otherwise use the Content in all forms and all media without the obligation to provide notice, compensation or credit, subject to the Privacy Policy posted on the Site. Nevelson.com is under no obligation to display content submitted for use on the Site, and may edit, modify or remove any Content for any reason and at any time. Even if Nevelson.com edits, modifies or removes Content you have submitted, the Nevelson.com retains the right to publish, reproduce, display, distribute, to PO Box 11978, Philadelphia, PA. 19145 or licensing@nevelson.com or sales@nevelson.com or 215.749.0170 transmit, create derivative works based upon, and otherwise use such Content in publications or media other than the Site, including books, compilations, periodicals, wire services, databases, electronic media and media not yet existing. Nevelson.com may assign, encumber or sublicense any or all of its rights under these Terms of Use. These terms will apply to all Content you submit through the Site unless you and the Nevelson.com otherwise mutually agree in a separate, written agreement.

4. Limitations of Use: You shall not use or introduce into the Site any device, software or routine that could damage or interfere with the proper operation of the Site. You shall not directly or indirectly take any action to unduly stress the Site, including by way of example and not limitation incurring session lengths or conducting search queries that the Nevelson.com reasonably determines to be abusive, or use any scraper, robot, spider or other automated mechanism to access the Site or to download the Content. Nevelson.com reserves the right to monitor use of the Site for conformance with these Terms of Use. You acknowledge and hereby consent to such monitoring.

5. Misuse: Nevelson.com reserves the right to terminate (a) your access to the Site and (b) your use of the Site if, in the Nevelson.com reasonable belief, you have violated the usage limitations set forth in these Terms of Use.

6. Reservation of Rights: The Content is the property of and/or proprietary to Nevelson.com or its licensors. Nothing contained herein shall be construed as conferring to you, by implication or otherwise, any license or right under any copyright, patent, trademark or other proprietary right in the Content, and you expressly agree not to make any use of any Content in violation of the rights of Nevelson.com or its licensors. Anyone wishing to use copyrighted Content for any purpose other than “fair use” as defined by law must first request and receive prior written permission from the copyright owner.

7. Disclaimers: EXCEPT AS EXPRESSLY PROVIDED HEREUNDER, THE SITE IS PROVIDED “AS IS,” WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. NEVELSON.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, EXPECTED RESULTS, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. NEVELSON.COM SHALL NOT BE LIABLE TO YOU FOR ANY CLAIM OR LOSS CLAIMED BY YOU OR ANY THIRD PARTY RELATING TO BUSINESS OR PERSONAL DECISIONS MADE BY YOU AS A RESULT OF YOUR USE OF THE SITE AND THE SITE CONTENT. NEVELSON.COM DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR THE SERVICES. UNDER NO CIRCUMSTANCES SHALL NEVELSON.COM BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH DAMAGES ARE FORESEEABLE OR WHERE NEVELSON.COM HAS BEEN ADVISED OR HAS KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM YOUR USE OF THE SITE.

8. Restrictions; Indemnification: You warrant that you will not use the Site to conduct or engage in unlawful activities; to violate any law or regulation; or to violate or infringe upon the rights of Nevelson.com, or any third party, including without limitation contractual rights, intellectual property rights and privacy rights. You agree to defend, indemnify, and hold harmless Nevelson.com and its officers, directors, employees, agents, assigns and licensors from any and all claims, demands, liability, judgments, costs and expenses (including reasonable attorneys’ fees and costs) arising out of or related to any breach of any warranty, representation, covenant or agreement made by you in these Terms of Use.

9. Governing Law. These Terms of Use is governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflicts of law provisions.

This privacy policy (the “Privacy Policy”) applies to information collected by Nevelson.com through or in connection with the operation of this website (the “Site”). Nevelson.com may revise this Privacy Policy from time to time by updating the information posted on the Site. Amendments to the Privacy Policy will be effective when posted. You should therefore periodically visit this page to review the current Privacy Policy, so that you are aware of any such revisions. This policy is in addition to the Terms of Use for the Site, the terms of which apply to your access and use of the Site.

1. The Information We Collect and How We Use It: We may collect two basic types of information from visitors to the Site: personally identifiable information and automatically generated information.

A.Personally identifiable information

Personally identifiable information is information that identifies the person to whom the information belongs – for example, a person’s name, address or e-mail address, phone number, credit card information and shipping or billing address. We also will collect any other information that you choose to provide to us through our Site (e.g., contents of messages you send to us through our Site). By way of example only, when you make submissions to our catalogue raisonné or our oral history database, you may provide us with certain personally identifiable information, which may include your name, mailing address, telephone number and e-mail address. Personally identifiable information is accessible by our officers, our employees, our contractors and our agents to the extent reasonably necessary for these people to do their jobs and mission related to the operation and management of the Site and Nevelson.com. We may also make personally identifiable information available to others as follows

· With respect to personally identifiable information included in a submission to our SHOP NOW!, we will not disseminate such information publicly without first obtaining your permission to do so, except as otherwise specified in this Privacy Policy.

B. Automatically generated Information

Automatically generated information does not contain specific details about the identity of the person who provided it. Examples of automatically generated information include Internet protocol (IP) addresses and information collected via cookies (described below). When you visit and use the Site, we may in our discretion automatically gather this information. We may use this information in the aggregate to monitor the Site and to improve the Site’s offerings. Aggregated data are compiled into statistical and demographic information that we may use, and may share with others, to show preferences of Site users in the aggregate, but not the preferences of any individual user. Shared aggregated data do not include a level of detail that will reasonably permit anyone to associate an individual user with the user’s usage or preferences.

Cookies are small text files that are stored on your computer that retain your information and preferences relative to your activities on Site. Should you wish to prevent your computer from accepting cookies from the Site, you can change the settings on your web browser to either block cookies sent from the Site, or to disable cookies altogether. Please note that the Site may not function properly, or may function differently, if you choose not to receive cookies.

2. Other Permitted Uses of Your Information: We have the right to disclose and transfer personally identifiable information in connection with any transfer of our assets related to the Site to a successor. We may also disclose personally identifiable information to a third party if disclosure is required to comply with a subpoena, court order, and/or other legal instrument, legal proceeding or relevant law, or if there is an immediate, imminent threat to the safety of any person, Nevelson.com, or the Site.

3. Security: We make no representation that this site uses security methods of any kind, whether firewalls, encryption security layers or secured socket layers. No computer or network-based product exists that can provide “perfect security,” we cannot guarantee nor represent that the steps we have taken, or may take, to secure your information will prevent our systems from being compromised and your information from being disclosed.

4. Modifying Personally Identifiable Information: We allow any user of the Site to inspect the personally identifiable information we maintain about him/her and to request correction of any error in our records relating to the personally identifiable information that we maintain about him/her, all in accordance with the terms and procedures we may adopt from time to time. If you wish to inspect your records, please contact us via email at licensing@nevelson.com or sales@nevelson.com or 215.749.0170.

5. Links to Other Websites: The Site may contain, or postings to the Site may include, links to websites that are or are not affiliated with Nevelson.com, and whose data security and privacy policies may differ from this Policy. We encourage you to review the privacy statements and terms & conditions of each of the sites that are linked to or accessed from the Site so that you will be aware of how each visited site collects, uses and distributes such information. We are not responsible for the privacy practices employed by third party sites.

6. Children: Nevelson.com does not knowingly collect personally identifiable information from children under the age of 13 years old. If you are under the age of 13, you should not submit any personal information to us.