The Fritz Ascher Society for Persecuted, Ostracized and Banned Art, Inc (“FAS”) provides https://fritzaschersociety.org (“Website”) in support of FAS’s mission to study, exhibit, and encourage appreciation for and advance knowledge of works of art. By accessing the Website, users agree to be bound by the following terms and conditions, which FAS may revise at any time. The user’s continued use of the FAS website shall constitute his/her acceptance to be bound by any such changes. Users are encouraged to visit this page from time to time to review current terms and conditions.
Furthermore, the user acknowledges and accepts that FAS is not responsible for any materials or viruses accessed, located, or stored on other Internet websites, nor is it liable for any inaccurate, defamatory, offensive, or illegal materials found on other Internet websites, and that the risk of injury from viewing, hearing, downloading, linking to, or storing such materials rests entirely with the user.
Tracking and Security
FAS will not obtain personal information about a user who accesses the FAS website unless the user chooses to provide such information. However, if a user sends an e-mail message or completes a web form that collects personal information, FAS may retain the user’s e-mail address and personal information as appropriate for official business purposes. FAS does not sell, rent, or share email addresses or personal information with any other businesses.
The FAS website may use software to identify unauthorized attempts to upload or change information, to cause harm, or otherwise to damage the website. Unauthorized attempts to upload information or change information on this server are strictly prohibited. Unauthorized use, tampering with, or modification of this system, including supporting hardware or software, may subject the violator to criminal and civil penalties. In the event of unauthorized intrusion, all relevant information regarding possible violation of law may be provided to law enforcement officials.
Without limiting the foregoing, all Materials on the 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. FAS may update, change, or delete content at any time. FAS makes reasonable, ongoing efforts to revise and update the Website, but does not warrant that the 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 Website. FAS 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 Website or downloading of any Materials from the Website. At its discretion FAS may discontinue or take down the Website or any section or Material within the Website at any time.
FAS is not responsible for the content or privacy policies of any off-site pages or other sites linked to or from the Website. FAS 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 FAS.
For Educational Use Only (Copyright)
Copyright 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 Website (collectively, the “Materials”) are proprietary to FAS or its licensors unless identified by a Creative Commons Zero (CC0) icon. Materials identified as CC0 are either those that FAS believes to be in the public domain, or those to which FAS waives any copyright it might have. Copyright and other proprietary rights may be held by individuals or entities other than, or in addition to, FAS.
Materials that FAS believes to be under copyright or other restrictions are available for limited noncommercial, 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 work, and the citations should include the URL “https://fritzaschersociety.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 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 FAS’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 FAS. Downloading, printing, copying, distributing or otherwise using Materials for commercial purposes, including commercial publication or personal gain, is expressly prohibited. All rights not expressly granted herein by the FAS are specifically and completely reserved. The FAS does not warrant that use of any Materials displayed on the Website will not infringe the rights of third parties not owned by or affiliated with the FAS. For example, some works may be under copyright by the artist or the artist’s heirs holding rights to these works, or may include third-party trademarks or rights of publicity. Such works may not be used in any form; they may not be copied or downloaded without prior permission from the holder of the underlying rights.
All artworks included on the FAS website are the property of the artist or other copyright holder as noted. Art works may not be reproduced without written permission of the copyright holder.
Digital Millennium Copyright Act (DMCA)
FAS is committed to complying with U.S. copyright and related laws, and requires all users of the Website to comply with these laws. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (“DMCA”) to report alleged infringements. A copyright owner of any content should contact FAS immediately to report any concerns of infringement by providing notice to FAS’s Designated Agent as required by the DMCA, Title 17 U.S.C. § 512. If such notice is provided by email, please address it to firstname.lastname@example.org; if such notice is provided by mail, please address it to: Designated Copyright Agent, The Fritz Ascher Society, 121 Bennett Avenue Suite 12A, New York, NY 10033.
Limitation of Liability
Neither FAS, its Affiliates, 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 FAS has been advised of the possibility of such damages) arising from or related to use of the website, content, and/or compilation.
You agrees to indemnify, defend, and hold FAS 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 Website or any of its Materials.
Entire Agreement; Severance; Waiver
Applicable Law and Jurisdiction
These Terms and Conditions 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.