International Print Center New York ("IPCNY") provides the www.ipcny.org website and the Online Store (together, the " IPCNY Website") in support of its charitable and educational mission to further the understanding and appreciation of fine art prints. BY ACCESSING OR USING THE IPCNY WEBSITE IN ANY MANNER, YOU ACCEPT WITHOUT LIMITATION OR QUALIFICATION AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE (the "Terms of Service") AND TO COMPLY WITH THEM. IPCNY MAY REVISE THESE TERMS OF SERVICE AT ANY TIME WITH NOTICE PROVIDED, WHICH REVISIONS SHALL BIND YOU. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, PLEASE EXIT THE IPCNY WEBSITE NOW AND REFRAIN FROM FURTHER USE.
specifically, please take notice [that EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 14 OR WHERE PROHIBITED BY VALID LAW,] ALL disputes between you and US regarding THESE TERMS OF SERVICE ARE SUBJECT TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN JURY TRIALS, INCLUDING CLASS ACTION LAWSUITS, IN COURTS AND ONLY SPECIFIC REMEDIES ARE AVAILABLE TO YOU. Read more below.
Users are encouraged to visit this page from time to time to review current Terms of Service.
2. TRADEMARKS: The names, titles, trademarks, service marks, and logos that appear on the IPCNY Website are registered and unregistered marks of IPCNY, including but not limited to International Print Center New York, and IPCNY ("IPCNY Trademarks"). You may not use the IPCNY Trademarks without IPCNY's prior, written permission.
The trademarks of third parties may also appear on the IPCNY Website 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 IPCNY Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the IPCNY Website without the express written permission of IPCNY or any third party that may own the Trademarks displayed on the IPCNY Website, and nothing may be construed to mean that IPCNY has authority to grant any right or license on behalf of any third-party trademark owner.
Any unauthorized use of the Trademarks or any other Materials, except as authorized in these Terms of Service, is strictly prohibited.
3. COPYRIGHTS AND PROPRIETARY RIGHTS: The text, images, trademarks, data, audio files, video files and clips, software, documentation or other information contained in these files, and other content on the IPCNY Website (collectively, the "Materials") are proprietary to IPCNY or its licensors. IPCNY retains all rights, including copyright, in the Materials. Copyright and other proprietary rights may be held by individuals or entities other than, or in addition to, the IPCNY.
4. AUTHORIZED USES: The Materials are made available for limited non-commercial, educational, and personal use only, or for fair use as defined in the United States copyright laws. Users may download these files for their own use, subject to any additional terms or restrictions which may be applicable to the individual file or program. Users must, however, cite the author and source of the Materials as they would material from any printed work, and the citations should include the URL "www.IPCNY.org," but not in any way that implies endorsement of the user or the user's use of the Materials. By downloading, printing, or otherwise using Materials, whether accessed directly from the IPCNY Website or via other sites or mechanisms, users agree that they will limit their use of such files to non-commercial, educational, personal or for fair use, and will not violate the IPCNY's or any other party's proprietary rights. Users may not remove any copyright, trademark, or other proprietary notices, including without limitation attribution information, credits, and copyright notices that have been placed on or near the Materials by the IPCNY. Downloading, printing, copying, distributing or otherwise using Materials for commercial purposes, including commercial publication or personal gain, is expressly prohibited. Users may not modify Materials on the IPCNY Website.
5. RESERVATION OF RIGHTS: All rights not expressly granted by IPCNY herein are specifically and completely reserved. Nothing on the IPCNY Website or in these Terms of Service 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 IPCNY has authority to grant any right or license on behalf of any third party.
IPCNY does not warrant that use of the Materials displayed on the IPCNY Website will not infringe the rights of third parties not owned by or affiliated with the IPCNY. For example, some works may be under copyright by the artist or the artist's heirs holding rights to these works. In many instances the caption may offer more information about the copyright status. Such works—whether or not the caption includes information about its copyright status--may not be used in any form; they may not be copied or downloaded without prior permission from the holder of the underlying copyright. For permission to reproduce images that include "© ARS" in their credit line, please contact the Artists Rights Society (ARS), at 212-420-9160 email firstname.lastname@example.org or www.arsny.com.
The Frequently Asked Questions answered below may assist you in interpreting permitted uses in these Terms of Service.
6. USER RESPONSIBILITY: From time to time IPCNY may invite people to share content. Please know that content will be reviewed by IPCNY staff and may be reproduced by IPCNY in all media now known or hereinafter devised.
6.1 SECURITY: The IPCNY Website. By creating accounts and passwords on the IPCNY Website, users agree to maintain the confidentiality of their login credentials and are responsible for restricting access to their personal computer and mobile devices. User agrees to use the IPCNY Website for lawful purposes only and will not participate in any action that will compromise the security of the IPCNY Website or damage the IPCNY Website and their content.
7. PURCHASING ON THE IPCNY WEBSITE: IPCNY has the right to refuse, limit, or cancel any orders placed on the IPCNY Website. 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 IPCNY Website.
7.1 PRODUCT REPRESENTATION: Every attempt is made to provide accurate information about products offered for sale on the IPCNY Website, including Benefit Prints and IPCNY Inventory. IPCNY does not warrant that any information, including product descriptions, promotions, and product availability, is correct, complete, current, or without typographical errors. All typographical errors, inaccuracies, and omissions are subject to correction. IPCNY makes every effort to present the colors of products as accurately as possible. The display of color depends on the settings of a user's particular monitor; IPCNY cannot guarantee that the colors displayed on an individual's monitor will be correct.
7.2 PRODUCT PURCHASES: We may make certain products available for purchase on the IPCNY Website. You may only order products if you are old enough to enter into a contract to purchase such goods, feature or services. By making a purchase, you represent that you are old enough to enter into such a transaction. You agree to pay in full the processing fees for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to us, and you agree to pay all applicable taxes.
9. LINKS TO THIRD PARTY SITES: IPCNY has not reviewed all of the sites linked to or from the IPCNY Website and is not responsible for the content or privacy policies of any off-site pages or other sites linked to or from the IPCNY Website. IPCNY provides these links as a convenience, and linking to any off-site pages or other sites is at the user's own risk. A link does not imply endorsement or affiliation with the linked site by the IPCNY.
10. DISCLAIMER OF WARRANTIES: Without limiting the foregoing, all Materials on the IPCNY Website are provided "AS IS" WITHOUT A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, COPYRIGHT OWNERSHIP AND/OR NON-INFRINGEMENT OR OTHER THIRD PARTY PROPRIETARY RIGHTS. IPCNY may update, change, or delete content at any time. IPCNY makes reasonable, ongoing efforts to revise and update the IPCNY Website, but does not warrant that the IPCNY Website will provide continuous, prompt, secure, or error-free service, and assumes no responsibility for any errors or omissions, including the inaccuracy of content, or for any damages or losses that users or any third party may incur as a result of the unavailability of the IPCNY Website. IPCNY assumes no responsibility, and shall not be liable for, any damages to or viruses that may infect a user's computer equipment or other property resulting from use of the IPCNY Website or downloading of any Materials from the IPCNY Website. At its discretion, IPCNY may discontinue or take down the IPCNY Website or any section or Material within the IPCNY Website at any time.
11. LIMITATION OF LIABILITY: NEITHER IPCNY, ITS AFFILIATES, TRUSTEES, 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 THE IPCNY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO USE OF the IPCNY Website, CONTENT, AND/OR COMPILATION.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
13. RELEASE: You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Digital Services users.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
14. DISPUTE RESOLUTION: PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.
14.1 Except for either party's claims of infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret, any and all disputes between you and IPCNY arising under or related in any way to these Terms, the use of the IPCNY Website, or purchases made from IPCNY, must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of any of the Digital Services.
14.2 YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND IPCNY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND IPCNY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
14.3 The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association ("AAA"), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and IPCNY must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place New York, NY. The arbitrator's ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in New York City, New York. Claims of infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in New York City, New York.
14.4 Governing Law: This Agreement shall be governed by and construed solely and exclusively in accordance with the laws of the State of New York, USA without giving effect to any law that would result in the application of the law of another jurisdiction.
14.5 Severability: If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
15. INDEMNITY: The user agrees to indemnify, defend, and hold IPCNY and its respective supervisors, trustees, officers, agents, and employees harmless from all claims, causes, allegations, costs, expenses, fees (including reasonable attorneys' fees), judgments, liabilities, losses, and damages arising from or relating to your use of or operation of the IPCNY Website or any of its Materials.
17. APPLICABLE LAW AND JURISDICTION: These Terms of Service 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 this Agreement shall be brought in any Federal or State court located in New York County and the State of New York, and the parties hereby waive any objection that they may have to personal jurisdiction in these courts.
Last revised on: August 24, 2017; Effective August 24, 2017
FREQUENTLY ASKED QUESTIONS
May I put images or text from www.IPCNY.org on a file server at my school or IPCNY?
We are happy to have IPCNY used by educators to enhance their educational programs. If you are an educator who would like to do so, please contact Stephanie Trejo, Stephanie@IPCNY.org.
May I put images or text from the IPCNY Website on my personal site?
Yes, for those images or text in the public domain, or with the express written consent of IPCNY and any other copyright holders if not in the public domain, but only if your site takes in no advertisements or sponsors, does not charge a fee for services, and does not offer any product or service for sale.
May I print selected images or text excerpts from www.IPCNY.org for a school report?
Yes, for those images of works of art in the public domain. However, text or images of works of art that are under copyright may be used only if it is a personal or academic work, and not for publication in any medium. All other forms of publication are expressly prohibited. The images must remain unaltered. All of the accompanying caption information must be included without alteration. You should cite the source as you would any printed work; the citation should include the URL www.IPCNY.org.
How do I obtain permission for other forms of publication?
Anyone wishing to use the Materials from the IPCNY Website for purposes other than as authorized herein must obtain prior written approval. Permission for such use is granted on a case-by-case basis at the sole discretion of the IPCNY. A usage fee may be charged depending on the nature of the proposed use. For all permissions, contact Stephanie@IPCNY.org.
International Print Center New York (also herein referred to as “IPCNY”) is committed to protecting the privacy of its online guests, contributors, customers, members, donors, and friends. We understand that maintaining privacy on the IPCNY’s Website (www.ipcny.org and all sub-domains, herein referred to as “the Website” or “the site” is very important, and that informing our visitors about the types of information we collect and how we use it is crucial to the IPCNY’s mission.
TYPES OF INFORMATION COLLECTED
The IPCNY does not collect any personal information about individuals, such as names, postal or email addresses, or other personally identifying data (the “Personal Data”) except when such information is knowingly provided. Personal information might be obtained from, e.g., online transactions such as purchases, subscriptions, registrations, or membership contributions, and call for entries. Additionally, personal information may be transmitted as part of a form submission or in connection with other activities, services, or resources available on our website.
INFORMATION PROVIDED BY VISITORS
Online Mailing Lists
When you subscribe to our Online mailing list(s), IPCNY will request information necessary to process your subscription and send you the information you seek: your name, address, telephone number, e-mail address, and areas of interest. Your Personal Data may be used as set forth below.
Store Purchases and Purchases of Memberships
When you purchase an IPCNY membership or an item from the IPCNY store (online, by phone or offline), IPCNY and any 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 used only for the purpose of processing and documenting the transaction. Your Personal Data may be used as set forth below.
Online Admissions and Program and Event Tickets
When you purchase online tickets through the site (including tickets for the IPCNY benefit, special exhibitions, special events, performances, lectures, and other educational programs offered by IPCNY), IPCNY and its third-party merchants and agents will request information necessary to process your order: your name, billing and shipping address, telephone number, e-mail address, and credit card information. Your credit card information will be used only for the purpose of processing and documenting the transaction. Your Personal Data may be used as set forth below.
INFORMATION COLLECTED AUTOMATICALLY
IPCNY does automatically collect some anonymous “non-personally identifiable” aggregate information about visitors when pages are requested through a browser. This information is used for statistical purposes, to help us monitor how guests navigate our site, allowing us to tailor our services for specific groups of visitors. Non-personally identifiable information may refer to information about our visitors’ browsers (e.g., Netscape Navigator or Internet Explorer), operating systems (e.g., Windows or Macintosh), Internet Service Providers (e.g., AOL, Earthlink, etc.), and other similar information.
IPCNY collects IP addresses as a component of the non-personally identifiable aggregate information. An IP address is a number assigned to your computer by a web server when you’re on the Internet. This information is used only for non-user-specific purposes such as determining how many users visited a specific area of our site. Such information could, if necessary, also be used to identify a user in order to comply with safety and/or security issues or with legal requirements, but only in extraordinary circumstances.
HOW INFORMATION IS USED
Any personal information provided to IPCNY is maintained and accessible only by IPCNY unless IPCNY explicitly states otherwise.
Marketing and Promotion
If you give us permission, we may use any Personal Data you submit for IPCNY marketing and promotional purposes. For example, on occasion IPCNY sends email to inform users of new exhibitions or other events we think might be of interest to them. If you provide us with your email address, this will be deemed permission for us to email you information about our exhibition, events, and other programs and activities, as well as for any marketing or promotional purposes, including, but not limited to, membership and fundraising appeals. However, you may withdraw this permission using our opt-out procedure. You will not receive such communications unless you have knowingly provided the personal information required. In some cases, you will be required to opt-in by joining a newsgroup or mailing list. If you do opt-in, you will always have the option to opt-out at any time by unsubscribing to that particular list or following the opt-out instructions included within the body of the email message.
When you sign up for a membership online or through any other means, your Personal Data will be entered into the IPCNY’s membership database. IPCNY does not currently share any Personal Data with other organizations, but does use such information as set forth above. If you do not wish to receive information from IPCNY, please contact Stephanie Trejo, Stephanie@IPCNY.org
If for any reason, you do not wish to receive further email from IPCNY, please follow the instructions for unsubscribing included within the body of the message that was sent to you.
WITH WHOM INFORMATION IS SHARED
[IPCNY does not currently share your Personal Data other than to process purchases, donations and memberships through PayPal. IPCNY reserves the right to do so in the future.
IPCNY has teamed up with reputable third-party vendors in order to provide certain services to its online users. IPCNY has taken precautions to ensure that the privacy of its online visitors is protected by any online partners. In cases when users leave IPCNY’s site to visit one of its partners’ sites, users are encouraged to become familiar with the privacy statements of each site they visit.
The IPCNY protects all personal and non-personally identifiable information that it receives via the Internet against unauthorized access. In addition, the IPCNY’s website uses Secure Sockets Layer (SSL) encryption to process purchases made through its online store and ticketing systems. By using this technology, online customers can be confident that their personal information is protected from interception by any third party. Sensitive credit card information is not permanently stored on any IPCNY web server and, though your order information is retained for our records, this information is never shared with other companies or persons.
What is a secure connection? When a secure connection is established between your browser and a website, any data that is transferred over the connection is encrypted to prevent it from being viewed by a third party. Secure Sockets Layer (SSL) encryption, the standard for most browsers and servers, makes it very difficult for anyone to intercept or decode messages exchanged over this type of secure connection.
Browsers such as Firefox and Internet Explorer display an image of a locked padlock in their status bar when connected to a secure site. Secure transactions are also indicated when the prefix in the location bar of your browser switches from http:// to https://. If you do not see the padlock at the bottom of your browser’s window, if the padlock is unlocked, or if the protocol in the location bar is not listed as https://, then any data exchanged with the IPCNY Website is potentially visible to others.
Depending on your browser, you may be able to view authentication information about a secure page by double-clicking on the locked padlock in the status bar. For more information on how your software establishes a secure connection, see the help files for your particular browser.
LINKS TO OTHER SITES
Users may find content on IPCNY’s site that links to the sites and services of our partners, sponsors, or other third parties. In many cases, these links represent cooperative projects or are established with persons or entities that have a significant connection to or relationship with our site. Although every effort is made to ensure that any referrals are to reputable and relevant sources, IPCNY does not control the content or links that appear on these sites. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies, or no policy at all. IPCNY maintains a policy against the nonconsensual collection or sharing of personal information and encourages visitors to review the privacy policies of any sites they visit to ensure their personal information is being protected.
IPCNY does not knowingly collect personal information from children under thirteen years of age. Children should always ask parents/guardians for permission before providing personal information to any website or purchasing any products or services online. IPCNY urges all parents/guardians to participate in their children’s exploration of the Internet and to teach them about protecting their personal information while online.
Occasional changes may be made to this document as new services and content are added to our site or to reflect changes in IPCNY’s policies. Visitors to IPCNY’s website are encouraged to check this document periodically to stay informed of current IPCNY privacy guidelines.
ACCEPTANCE OF TERMS