Calder Foundation

Terms & Conditions

Terms & Conditions of Web Site Use

These Terms and Conditions apply to the web site located at www.calder.org (the “Web Site”), which is the property of the Calder Foundation. By using this site, you agree to the following Terms and Conditions (the “Terms”); if you do not agree to the Terms then do not use this Web Site. The Calder Foundation reserves the right to modify the Terms at any time. Your subsequent use of the Web Site constitutes your acceptance of the modified Terms; you should therefore periodically visit this page to review the Terms.

Content

All content included on the Web Site is protected by copyright laws. Software, documentation, electronic text and image files, audio and video clips, and other materials are protected by copyright laws, trademark laws, and various other intellectual property and unfair competition laws. The Calder Foundation retains all rights to all works of art by Alexander Calder depicted on this site, including copyright, in data, image, text, and any other information contained in these files. Copyrights and other proprietary rights in the material on this Web Site may also subsist in individuals and entities other than, and in addition to, the Calder Foundation. The Calder Foundation expressly prohibits the copying of any protected materials on the Web Site, except as provided for herein.

Accessibility Statement

The Calder Foundation is committed to ensuring digital accessibility for people with disabilities. We are continually improving the user experience for everyone and applying the relevant accessibility standards.

Conformance Status

The Web Content Accessibility Guidelines (WCAG) defines requirements for designers and developers to improve accessibility for people with disabilities. It defines three levels of conformance: Level A, Level AA, and Level AAA. This Web Site is fully conformant with WCAG 2.0 level AA. Fully conformant means that the content fully conforms to the accessibility standard without any exceptions. The Calder Foundation assessed the accessibility of the Web Site through external evaluation.

Feedback

We welcome your feedback on the accessibility of the Web Site. Please let us know if you encounter accessibility barriers by phone at (212) 334-2424 or by email at contact@calder.org.

Trademarks

The names, titles, trademarks, service marks, and logos that appear on the Web Site are registered and unregistered marks of the Calder Foundation, including but not limited to CALDER, Calder Foundation, and the ‘CA’ signature logo. You may not use the Calder Foundation’s trademarks without the Calder Foundation’s prior, written permission.

The trademarks of third parties may also appear on the Web Site 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 Web Site grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of the Calder Foundation’s trademarks or may be construed to mean that the Calder Foundation has authority to grant any right or license on behalf of any third party trademark owner.

Commercial Use Restricted

Unauthorized commercial publication, exploitation or distribution in any manner of the Web Site, or any portion thereof, and/or the Calder Foundation’s files, text, data and images, is specifically prohibited. Such uses require the advance written permission of the Calder Foundation or its representatives listed below. Permission for such use is provided for on a case-by-case basis at the sole discretion of the Calder Foundation through its rights administration societies and collecting societies.

The uses described above are monitored, protected, and enforced by Artists Rights Society throughout the world except in Australia, France, the Republic of Ireland, New Zealand, the Republic of San Marino, Spain, and the United Kingdom. Below is listed the contact information for each rights administration society or collecting society representing the Calder Foundation’s intellectual property based on their territories. Anyone wishing to use any of these files or images for commercial use, publication, or any purpose other than fair use as defined by law, must request and receive prior written permission from the Calder Foundation.

To request permission for reproduction throughout the world, except in Australia, France, the Republic of Ireland, New Zealand, the Republic of San Marino, and the United Kingdom, of any of the works of art on this Web Site, please contact Janet Hicks at the Artists Rights Society (jhicks@arsny.com).

To request permission for reproduction in France of any of the works of art on this Web Site, please contact Michel Donval at ADAGP (michel.donval@adagp.fr)

To request permission for reproduction in the Republic of Ireland or the United Kingdom of any of the works of art on this Web Site, please contact Pete Woronkowicz at DACS (pete.woronkowicz@dacs.org.uk).

To request permission for reproduction in Spain of any of the works of art on this Web Site, please contact Rafael Julián Esquivias at VEGAP (rjulian@vegap.es).

To request permission for reproduction in Australia or New Zealand of any of the works of art on this Web Site, please contact Glen Menzies at the Copyright Agency (gmenzies@copyright.com.au).

Content Usage

The content posted on the Web Site is made available for limited non-commercial, educational, and personal use only, or for fair use as defined in the United States copyright laws. In such cases, users are encouraged to contact the Foundation with any questions. Users must cite the author and source of this material as they would material from any printed work; the citation should include the URL “http://www.calder.org”. By downloading, printing, or otherwise using text and image files from this Web Site, users warrant and represent that they will limit their use of such files to fair use, and will not violate the proprietary rights of the Calder Foundation or the rights of any other party.

Reservation of Rights

All rights not expressly granted by the Calder Foundation herein are specifically and completely reserved. Nothing on the Web Site 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 the Calder Foundation has authority to grant any right or license on behalf of any third party.

Conditions of Use

By using the Web Site you warrant that you will not make use of the Web Site for any illegal or improper purpose. By using the Web Site, you agree to indemnify and hold harmless the Calder Foundation from any and all liability caused by or arising out of any use whatsoever made by you of the Web Site or its content.

Disclaimers

The Calder Foundation will not be held responsible for any expense, loss, or grievance incurred by the use of the Web Site. No endorsement or recommendation of any kind is given or implied. The Web Site and all content is provided “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND/OR NON-INFRINGEMENT. The Calder Foundation does not warrant that the Web Site will be error free or uninterrupted, nor does it warrant that files or data downloaded will be free of viruses or destructive features. The Calder Foundation shall not be liable for any indirect, consequential, incidental, or punitive damages of any kind, even if the Calder Foundation has been advised of the possibility of such damages. The Calder Foundation is not responsible for the content of any off-site pages or other sites linked to the Web Site. Your use of links to any off-site pages or other sites is at your own risk. The Calder Foundation reserves the right to terminate your access to the Web Site or any portion thereof.

Governing Law

All matters relating to the use of the Web Site or its content will be governed by the laws of New York State without regard to its conflict of laws provisions. Venue and jurisdiction for any dispute relating to the Web Site shall be adjudicated exclusively in the United States District Court for the Southern District of New York.

Photography Credits

All photographs courtesy of Calder Foundation, New York, unless otherwise noted. Additional photographs courtesy of Art Institute of Chicago; Chazen Museum of Art, University of Wisconsin-Madison; President and Fellows of Harvard College; The Honolulu Museum of Art; The Metropolitan Museum of Art, New York; Moderna Museet, Stockholm; Museum of Fine Arts, Boston. Reproduced with Permission; The Museum of Fine Arts, Houston; The Museum of Modern Art, New York; National Gallery of Art, Washington DC, Gallery Archives; Philadelphia Museum of Art; San Francisco Museum of Modern Art, photos by Katherine Du Tiel, Ian Reeves, Ben Blackwell, and Don Ross; Solomon R. Guggenheim Foundation; Stedelijk Museum Amsterdam; University of California, Berkeley Art Museum and Pacific Film Archive; Wadsworth Atheneum Museum of Art, Hartford; Whitney Museum of American Art, New York; Yale University Art Gallery, New Haven.