Disclaimer & Terms

These terms of use (“Terms of Use”) are entered into by and between You and The Fred Sandback Archive (”the Archive”, “we”, or “us”) and govern your access to and use of www.fredsandbackarchive.org, including any content, functionality, and services offered on or through www.fredsandbackarchive.org (the “Website”). Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use.If you do not want to agree to these Terms of Use, you must not access or use the Website.

Intellectual Property Rights

The Website and its entire contents (including but not limited to Fred Sandback’s artwork and/or texts and all other information, text, images, and the design, selection, and arrangement thereof) (the “Content”) are owned by the Archive, its licensors, or other providers of such material and are protected by intellectual property or proprietary rights laws. You may: (i) temporarily store copies of the Content on your computer or other device in RAM incidental to your accessing and viewing that Content; and store files that are automatically cached by your web browser for display enhancement purposes. To the fullest extent permitted by law, any other reproduction, distribution, modification, creation of derivative works, public display, public performance, republication, download, storage, or transmission of the Content, including Fred Sandback’s artwork and/or texts, without express written permission of the copyright holder is prohibited. If you reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmitthe Content in breach of these Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the Content you have made. No right, title, or interest in or to the Website or any Content on the Website is transferred to you, and all rights not expressly granted are reserved by the Archive. 

Copyright to Fred Sandback’s artwork and/or texts is held by the Archive. Formal requests are required for any reproduction, distribution, modification, creation of derivative works, public display, public performance, republication, download, storage, transmission,or any other use pertaining to copyright held by the Archive, and must be made in writing using our contact form.

Use Restrictions

You may use the Website only for lawful purposes and in accordance with these Terms of Use. Additionally, you agree not to: (i) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website; or (ii) otherwise attempt to interfere with the proper working of the Website.

User Contributions

The Website may contain comment forms and other interactive features (collectively, “Interactive Services”) that allow users to submit comments, questions, or other information (collectively, “User Contributions”) through the Website. Any User Contribution will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our successors and assigns the right to use and store User Contributions as necessary to respond to your requests and for record-keeping purposes. You understand and acknowledge that you are responsible for any User Contributions you submit, and you, not the Archive, have full responsibility for the legality, reliability, and accuracy of the User Contributions. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone submitting User Contributions. You waive and hold harmless the Archive from any claims resulting from any action taken by the Archive as part of that cooperation. 

Linking to the Website

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. We reserve the right to withdraw linking permission without notice.

Changes to and Availability of the Website
 
We reserve the right to withdraw or amend this Website, and any functionality, service, or Content we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or Content is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or Content, or the entirety of the Website or Content.  

Although we may update the Content from time to time, the Content is not necessarily complete or up to date. Any of Content may be out of date at any given time, and we are under no obligation to update the Content. Readers knowing of additions or corrections to the data may contact the Fred Sandback Archive in writing to let us know.

DISCLAIMER

THE INFORMATION PROVIDED HEREIN IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE ARCHIVE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO CONTENT AVAILABLE ON OR THROUGH THE WEBSITE; EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF CONDITION OR MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT; AND MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT ACCURACY, COMPLETENESS, OR USEFULNESS OF THE INFORMATION CONTAINED IN THE CATALOGUE. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE WEBSITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. THIS WEBSITE MAY INCLUDE CONTENT PROVIDED BY THIRD PARTIES, INCLUDING LINKS TO OTHER SITES AND RESOURCES PROVIDED BY THIRD PARTIES. WE ARE NOT RESPONSIBLE, OR LIABLE TO YOU OR ANY THIRD PARTY, FOR THE CONTENT OR ACCURACY OF ANY MATERIALS PROVIDED BY ANY THIRD PARTIES. 

TO THE FULLEST EXTENT PERMITTED BY LAW, THE ARCHIVE, INCLUDING ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, AGENTS, SUCCESSORS, AND ASSIGNS, SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES OR LOSSES: ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE CONTENT OR THE WEBSITE; ARISING OUT OF OR IN CONNECTION WITH ANY RELIANCE ON THE ACCURACY OR TIMELINESS OF ANY CONTENT PROVIDED HEREIN; ARISING OUT OF OR IN CONNECTION WITH THE VIEWING OF ANY CONTENT PROVIDED HEREIN; OR ARISING OUT OF OR IN CONNECTION WITH VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER MATERIALS DUE TO YOUR USE OF THE WEBSITE.

Indemnification

You agree to defend, indemnify, and hold harmless the Archive, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, agents, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, or any use of the Content.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New Hampshire without giving effect to any choice or conflict of law provision or rule (whether of the State of New Hampshire or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New Hampshire, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Entire Agreement

These Terms of Use constitute the sole and entire agreement between you and the Archive regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.