Terms and Conditions

 

 

IFAR provides access to and use of its website (the "Website") subject to the following terms and conditions (the "Terms and Conditions"). The terms "IFAR" and "we" refer to the International Foundation for Art Research, Inc., a New York not-for-profit corporation located in New York, New York. The term "you" refers to each individual user of this site and, if you are acting on behalf of a third party, refers also to that third party. By accessing and using the site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions and our Privacy Policy.

1. Privacy
Please review the IFAR Privacy Policy, which sets forth how IFAR handles personally identifiable information you choose to provide to us, so that you may understand our privacy practices.

2. No Special Relationship
In making this Website available, no advisory, fiduciary, client, professional, or other special relationship is implicated or established and neither IFAR nor any other person is, in connection with this Website, engaged in rendering legal, auditing, accounting, tax, advisory, consulting or other professional services or advice.

3. Scope and Reliability of Information
The information and other content contained in the Website is provided for general informational purposes only, may not reflect current legal developments, verdicts, or settlements, and should not be construed as advice, legal or otherwise, on any subject matter. No recipients of information or other content from this site, members or otherwise, should act or refrain from acting on the basis of any such content without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney or other appropriate professional licensed in the recipient's jurisdiction. Neither this Website nor any content on or accessed through this Website shall be considered a substitute for the independent investigations and the sound technical and business judgment of the user of this Website and the user should consult with a professional advisor familiar with your particular factual situation for advice or service concerning specific matters.

4. Intellectual Property
Unless otherwise noted, IFAR specifically retains all rights, including copyright or other intellectual property rights, that it may have in all content available on this Website (the "Content"), which Content may include but is not limited to text, data, photographs, images, graphics, audio clips, and any compilation or arrangement thereof appearing on this Website.

Trademarks, logos, and service marks displayed on the Website (collectively, the "Trademarks") are trademarks of IFAR, in the United States or other countries, and are protected by United States and international trademark laws, or are otherwise the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the IFAR.

It is your responsibility to determine and comply with copyright laws or other relevant laws when publishing or otherwise using materials obtained by IFAR, including through this Website.

5. Limited License
IFAR grants you a limited, revocable, and non-exclusive license to access and make personal use of the Website. Please note that you may not frame or utilize framing techniques to enclose the Website or any portion thereof without our prior written consent.

The limited license set forth herein does not include the right to: (i) copy, modify, distribute, or download, other than as expressly permitted, the Website or its Content (except caching or as necessary to view the Content); (ii) make any use of the Website or its Content other than for your personal informational purposes, and if applicable, for informational purposes for your employer or firm; (iii) create any derivative work based upon either the Website or its Content; or (iv) use any meta tags or any other "hidden text" utilizing the name or Trademarks of IFAR without our express written consent. Downloading Website Content for commercial use or for use on personal websites is prohibited.

A website that links to our Website (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; and (iv) may not, without IFAR's permission, link to any page of the Website other than the home page, located at www.ifar.org. IFAR may, in its sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link.

Any permitted displays or printouts of the Website Content must be marked " © 2023 International Foundation for Art Research, Inc. All worldwide rights reserved."

6. Links to Other Websites
Links on this Website may lead to websites maintained by individuals or organizations other than IFAR. These links are for your convenience only and are not an endorsement by us, our affiliates, or our partners of the referenced content, company, product, service or website. We are not responsible for such third parties websites or their content, we neither monitor nor endorse such websites or their content, and we make no representation or warranty regarding the accuracy, timeliness, suitability, or any other aspect of such websites or content.

7. Representations and Warranties; Limitations of Liability
IFAR, INCLUDING THE RESPECTIVE DIRECTORS, PRINCIPALS, CORPORATE OFFICERS, EMPLOYEES, ADVISORY COUNCIL MEMBERS, CONSULTANTS, VOLUNTEERS, INTERNS, AGENTS AND REPRESENTATIVES OF IFAR, MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE ACCURACY, TIMELINESS, SUITABILITY OR ANY OTHER ASPECT OF THIS WEBSITE OR ANY CONTENT ON OR ACCESSED THROUGH THIS WEBSITE FOR ANY PURPOSE, ALL OF WHICH IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. IFAR HEREBY DISCLAIMS ALL WARRANTIES AND OBLIGATIONS WITH REGARD TO THE WEBSITE OR ANY CONTENT ON OR ACCESSED THROUGH THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES AND OBLIGATIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

IFAR EXPRESSLY DISCLAIMS ALL LIABILITY IN RESPECT TO ACTIONS TAKEN OR NOT TAKEN BASED ON ANY OR ALL THE CONTENTS OF THIS WEBSITE. IFAR ATTEMPTS TO BE AS ACCURATE AS POSSIBLE WHEN DESCRIBING OUR ORGANIZATION, SERVICES, AND RESEARCH AND OTHER CONTENT ON THE WEBSITE; HOWEVER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT WARRANT THAT THE SERVICES OR CONTENT AVAILABLE ON THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. IFAR DOES NOT NECESSARILY ENDORSE, AND IS NOT RESPONSIBLE FOR, ANY THIRD-PARTY CONTENT THAT MAY BE ACCESSED THROUGH THIS WEBSITE.

IN NO EVENT SHALL IFAR, ITS DIRECTORS, PRINCIPALS, CORPORATE OFFICERS, EMPLOYEES, ADVISORY COUNCIL MEMBERS, CONSULTANTS, VOLUNTEERS, INTERNS, AGENTS AND REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS, ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE, ANY CONTENT ON OR ACCESSED THROUGH OR FROM THIS WEBSITE, OR ANY COPYING, DISPLAY OR OTHER USE THEREOF.

8. Disputes
With respect to any dispute regarding the Website, your rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of the State of New York, without regard to its conflicts-of-laws rules, as if the Terms and Conditions were a contract wholly entered into and wholly performed within the State of New York. You agree that any claims you may have arising from or relating to the operation or use of the Website will be heard and resolved in the courts of New York, New York.

9. Refund Policy
In general, IFAR will not issue refunds of payments made for use of the Art Law & Cultural Property Database; however, some exceptions may apply for institutional subscriptions. Should you believe that you are entitled to a refund, you must submit an e-mail that states the basis for your request to kferg@ifar.org within 24 hours of your payment. IFAR will consider properly submitted requests on a case by case basis.

10. General

This Website and its Content are made available only to provide information. IFAR maintains this Website in New York, New York, and makes no representation that this Website or any content on or accessed through the Website are appropriate or available for use in other jurisdictions. You are responsible for compliance with all applicable laws and regulations.

You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Website, and supersede and govern all prior proposals, agreements, or other communications.

 

IFAR may from time to time make changes to the Terms and Conditions and Privacy Policy. IFAR will post such changes on the Website, whereupon they will become effective. As it may not always be possible to provide you with notice of changes, we suggest that you periodically consult this page to determine whether changes have been made. Your continued use of the Website constitutes your agreement to any such changes. You may request notice of changes to the Terms and Conditions and/or Privacy Policy in the course of your annual subscription by e-mailing kferg@ifar.org.

 

In the event that any provision of the Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. IFAR will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.

If you have any questions regarding these Terms and Conditions, please contact us by e-mail at kferg@ifar.org.