Terms & Conditions

Last updated 7/30/2018

Acceptance of Terms and Conditions

Carefully review these Terms and Conditions. By accessing and using this Web site, you agree to follow and be bound by these Terms and Conditions. You acknowledge (i) that you have read and understood these terms and conditions, (ii) that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these terms and conditions, and to abide by and comply with these terms and conditions, and (iii) that these terms and conditions have the same force and effect as a signed agreement. If you do not agree to follow and be bound by these Terms and Conditions, you may not access, use, or download materials from this Web site. If you do not wish to be bound by these Terms and Conditions, please exit thefoster.org now and refrain from further use. The Foster Art & Wilderness Foundation may revise these Terms and Conditions of use at any time, which revisions shall be binding upon you.

Intellectual Property

All text, graphics, designs, logos, button icons, images, audio clips, data compilations and information (“Content”) contained on this Web site is owned or controlled by the Foster Art & Wilderness Foundation or its content suppliers and is protected by United States and international copyright laws. You may download Content solely for your personal use for non-commercial purposes. You may not modify or further reproduce the Content for any purpose whatsoever.

All logos and trademarks displayed on this Web site are trademarks of the Foster Art & Wilderness Foundation or are the marks, trade names, trade dress of their respective owners (“Trademarks”) and are protected in the United States and internationally. No use of any Trademarks may be made without the prior written authorization of the Foster Art & Wilderness Foundation or the respective owners of the Trademarks except to identify the products or services associated therewith.

Nothing contained herein shall be construed as conferring any license or right to any patents, copyright or trademark embodied in this Web site. All right, title and interest in the Content and the Trademarks shall reside solely with the Foster Art & Wilderness Foundation or the respective owners thereof.

Requesting Permission for Use

You must request and obtain express permission from the Foster Art & Wilderness Foundation for all uses of the Trademarks, or Content.

Your requests may be sent to:
Rights and Reproductions
Foster Art & Wilderness Foundation
940 Commercial Street

Palo Alto, CA 94303
650.209.7181

prem@thefoster.org

Links from Our Site

This Web site may provide hyper-links to one or more third party Web sites (the “Linked Sites”). The Foster Art & Wilderness Foundation is not responsible for the content or links of the Linked Sites. We do not actively monitor or control the content or links of the Linked Sites, which may continuously change. A link from our Web site to a Linked Site does not imply a relationship with, or endorsement of, the Linked Site(s) or its content, purpose, policies, or business practices.

Warranty and Indemnification

By using thefoster.org in any manner, you represent and warrant that your use will be consistent with these Terms and Conditions. You agree to indemnify, defend, and hold the Foster Art & Wilderness Foundation harmless from all claims, causes, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of thefoster.org.

Termination Policy

You may terminate your use of thefoster.org at any time. We may suspend or terminate your access to thefoster.org, at any time, for any reason. If we suspect that you have violated any provision of these Terms and Conditions, we may also seek any other available legal remedy. Your rights under these terms and conditions will terminate automatically if you breach any part of these terms and conditions. You remain solely liable for all obligations related to use of thefoster.org, even after you have stopped using thefoster.org.

Copyright Notice

Copyright © Foster Art & Wilderness Foundation 2014-2018 All Rights Reserved. No part of this website may be reproduced without the express written consent of the Foster Art & Wilderness Foundation and Tony Foster.

Privacy

The Foster Art & Wilderness Foundation may collect registration and other information about you through thefoster.org. Our collection, use, and disclosure of this information is in accordance with the privacy policy of the Foster Art & Wilderness Foundation, available below.

Disclaimer

THE FOSTER ART & WILDERNESS FOUNDATION PROVIDES THEFOSTER.ORG ON AN “AS IS” BASIS. YOUR USE OF THEFOSTER.ORG, CONTENT, AND COMPILATION IS AT YOUR OWN RISK. WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COPYRIGHT OWNERSHIP AND/OR NON-INFRINGEMENT OF COPYRIGHTS OR OTHER THIRD PARTY PROPRIETARY RIGHTS. WE DO NOT WARRANT THAT THEFOSTER.ORG WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. WE WILL ASSUME NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THEFOSTER.ORG. WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THEFOSTER.ORG, INCLUDING BUT NOT LIMITED TO THE REPRODUCTION OF THE CONTENT OR COMPILATION.

Limitation of Liability

IN NO EVENT SHALL THE FOSTER ART & WILDERNESS FOUNDATION BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR ON ANY LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY PROFITS, BUSINESS INTERRUPTION OR OTHERWISE.

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE FOSTER ART & WILDERNESS FOUNDATION HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTIONS, DAMAGES, COSTS AND EXPENSES, INCLUDING BUT NOT LIMITED TO, ATTORNEYS FEES AND COSTS OF SUIT, ARISING OUT OF YOUR BREACH OF THESE TERMS AND CONDITIONS.

Severance and Waiver

You acknowledge and agree that in the event any provision of these Terms and Conditions shall be held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, in any respect, the validity, legality, and/or enforceability of the remaining terms and conditions contained herein shall not in any way be affected or impaired thereby. In such event, the parties agree that any such invalid term or condition shall be validly reformed by the court to as near approximate the intent of the parties as reflected in the provision, and if not reformable, shall be severed and deleted from these Terms and Conditions. The failure by the Foster Art & Wilderness Foundation to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless agreed to in writing by the Foster Art & Wilderness Foundation.

Venue and Choice of Law

These Terms and Conditions and any counterparts, amendments, or revisions thereto shall be governed and construed in accordance with the laws of the State of California, without regard to principles of conflicts of laws. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to this Agreement shall be brought in ay Federal or State court located in Santa Clara County and the State of California, and the parties hereby waive any objection that they may have to personal jurisdiction in these courts.

Entire Agreement

These terms and conditions of use are the complete statement of the agreement of the parties with respect to the subject hereof and supersede all prior agreements and understandings between the parties hereto with respect to the subject hereof. In order to be binding, any amendment or modification of this Agreement must be effected by an instrument in writing signed by the parties.

Privacy Policy

Last updated: 7/30/18

This Privacy Policy only applies to the information collected online. By using the Foster Art and Wilderness Foundation’s online resources, you agree, without limitation or qualification, to be bound by this Privacy Policy.

Any personal information that you supply to us through our on-line resources will allow The Foster Art and Wilderness Foundation to appropriately respond to your requests. Personal information includes such things as your name, address, telephone number, email address and other personal contact information. This information may be used by us to help develop content and improve our on-line resources to create the best experience for you as a user of the Foster Art & Wilderness Foundation web site. Information that you may provide regarding your personal interests will allow us to provide materials and exhibits to suit your particular needs.

The Information We Collect

The Foundations’s web site obtains only the personal information that you knowingly and voluntarily provide (including, but not limited to sending emails, completing membership forms, contributing content, registering for events or other programs, or responding to surveys) and by tracking information automatically collected through standard web technology practices (including IP address, browser type, domain names, cookies, access times and referring Web site addresses). Personal information may include, but is not limited to name, address, telephone number, and email address.

The Foster Art & Wilderness Foundation is the sole owner of information you voluntarily submit to us. If it becomes reasonably necessary at any time, we will release the personal information that you have provided to comply with a court order, or protect the rights, property or safety of The Foster Art & Wilderness Foundation, its personnel, and you and other the users of its sites.

We may, from time to time, compile statistics on visitors to our web sites. In these situations, the information that you provide within these pages may be used to aggregate statistical information to analyze visitor interest. The information aggregated will not include any personal information as it relates to a single visitor.

If you make a purchase on-line from our web site, we will ask you to provide only the information necessary to process your order. For reasons of security, The Foster Art & Wilderness Foundation does not store credit card information permanently on any Web server.
Security

Unfortunately, no data transmission over the Internet is 100% secure. All information provided to us is transmitted using SSL (Secure Socket Layer) encryption. SSL is a proven coding system that lets your browser automatically encrypt, or scramble, data before you send it to The Andy Warhol Museum. The Andy Warhol Museum also protects account information by placing it on a secure area that is only accessible by certain qualified employees of The Andy Warhol Museum. While we strive to protect your information as much as possible, The Andy Warhol Museum cannot ensure or warrant the security of that information.

Changes to Privacy Policy

This Privacy Policy may change from time to time. The Foster Art & Wilderness Foundation reserves the right to change it without notice.