Terms of Use

These Terms of Use govern the John Simon Guggenheim Memorial Foundation (www.gf.org) website (the “Website”), which is operated by the John Simon Guggenheim Memorial Foundation (the “Foundation”).  PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE.  By using the Website, you agree to be bound by these Terms of Use.

USE OF THIS WEBSITE  

The Foundation maintains this Website to provide you with information and for education and communication regarding the Foundation and its Fellows.  Please feel free to browse the Website. 

You may download material displayed on the Website for non-commercial, personal use provided you also retain all copyright and other proprietary notices contained on the materials.  You may not, however, distribute, modify, transmit, reuse, repost, or use the contents of the Website for public or commercial purposes, including the text, images, audio, and video, without the permission of the Foundation.  Unauthorized use of the Website, including but not limited to unauthorized entry into the Foundation’s systems or misuse of any information posted on the Website, is prohibited and may be a cause for terminating your right to use the Website.

COPYRIGHT  

All editorial content, graphics, video, audio and other information on the Website is owned by or licensed to the Foundation.  The Foundation and its licensors reserve and retain all copyright and other proprietary rights, including without limitation, all rights in any public information as a compilation.  Revision, republication, and re-use of copyrighted information for any purpose are prohibited in whole or in part.  The “look and feel” of the Website is also protected by the Foundation, including color combinations, buttons, layout, and other graphical elements.  The Foundation neither warrants nor represents that your use of materials displayed on this Website will not infringe rights of third parties not affiliated with the Foundation.

PRIVACY POLICY

It is the policy of the Foundation to respect the privacy of all visitors of the Website.  Use of the Website is, therefore, subject to the terms of the Foundation’s privacy policy.  The Foundation’s privacy policy is incorporated by reference into these Terms of Use. 

Follow this link to view the Foundation's privacy policy.

LINKS TO OTHER SITES

The Website may include links to other Internet sites that are beyond the control of the Foundation.  The Foundation is not responsible for the content of any such sites, makes no representations regarding any such sites, and does not necessarily endorse or approve of the information, material, products or services contained on or accessible through any such sites. You acknowledge and agree that your linking to other sites, your use of such sites, and your use of any information, material, products and services offered by such sites, are solely at your own risk.

POTENTIAL DISRUPTION OF SERVICE

Access to the Website may from time to time be unavailable, delayed, limited or slowed due to, among other things, hardware failure, including, among other things, failures of computers, servers, networks, telecommunications lines and connections, and other equipment; software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or content; overload of system capacities; damage caused by severe weather, natural disasters, war or acts of God; interruption of power supplies; strike or other stoppage of labor; governmental or regulatory restrictions; or any other cause whatsoever beyond the control of the Foundation.

CHANGES IN TERMS AND CONDITIONS

The Foundation reserves the right to modify these Terms of Use at any time by posting modified Terms of Use, and your continued use of the Website thereafter will constitute agreement with such modifications.  At the time of any material modifications the Foundation will change the Effective Date below.  Please review these Terms of Use from time to time so that you will be apprised of any changes.  

DISCLAIMER

WHILE THE FOUNDATION USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP TO DATE INFORMATION ON THIS WEBSITE, IT MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY AND DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  ANY RELIANCE OR USE BY YOU OF ANY INFORMATION AVAILABLE ON THIS WEBSITE, WHICH IS PROVIDED “AS IS,” SHALL BE ENTIRELY AT YOUR OWN RISK.  ALTHOUGH WE TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS OR OTHER DESTRUCTIVE MATERIALS ONTO THE WEBSITE, WE DO NOT GUARANTEE OR WARRANT THAT THE WEBSITE OR CONTENT THAT IS CONTAINED ON OR THAT CAN BE DOWNLOADED FROM THE WEBSITE IS FREE FROM SUCH DESTRUCTIVE MATERIALS.

LIMITATION OF LIABILITY

IN NO EVENT SHALL THE FOUNDATION OR ITS AFFILIATES BE LIABLE FOR ANY LOSS OR INJURY, OR ANY DAMAGES, WHETHER DIRECT, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR OTHERWISE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, RESULTING FROM YOUR ACCESS OR USE OF THE WEBSITE OR ANY ERROR, OMISSION, INTERRUPTION OR INACCURACY ON THE WEBSITE.  YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS AGAINST THE FOUNDATION AND ITS AFFILIATES.  YOU AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT, AND THAT THE WEBSITE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.  SOME STATE STATUTES MAY RESTRICT THIS LIMITATION OF LIABILITY.

INDEMNIFICATION

You agree that you will not use the Website for any unlawful purpose, or for any purpose prohibited by these Terms of Use.  You agree to indemnify, defend and hold harmless the Foundation from any liability, loss, claim and expense (including reasonable attorneys’ fees) related to (i) your violation of these Terms of Use, and/or (ii) your use of the Website.

MISCELLANEOUS PROVISIONS

These Terms of Use will be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of laws provisions.  If for any reason a court of competent jurisdiction holds any provision or portion of the Terms of Use unenforceable, the remainder of these Terms of Use will continue in full force and effect.  Any claim, legal proceeding or litigation arising in connection with the Terms of Use will be brought solely in state or federal court situated in New York County, New York, and you consent to the jurisdiction of such court.  These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.  Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by an authorized representative of the Foundation.  The Foundation’s failure to insist upon strict enforcement of any provision of this agreement shall not be construed as a waiver of any provision or right.