Terms and Conditions

1. User Agreement

By using the NYFA website (https://www.nyfa.org) and NYFA Learning service, and the materials, resources and links therein, the user hereby agrees to be bound by all of the terms and conditions contained in this User Agreement and Disclaimer. The New York Foundation for the Arts (NYFA) reserves the right to change the terms of this User Agreement and Disclaimer and will notify users of any such changes through this online posting. The user’s continued use of the NYFA website and NYFA Learning service shall constitute his/her acceptance to be bound by any such changes.Furthermore, the user acknowledges and accepts that NYFA 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.

2. Tracking and Security Issues

Cookies

The NYFA website uses browser cookies. We reserve the right to use cookies or other software in the future to track site traffic in certain areas without explicit notice. Examples of those areas include, but are not limited to, database interactives, gallery work samples, and the online capabilities for financial donations.

Personal Information

Security

The NYFA 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.

3. Information Disclaimer (AS-IS Clause)

NYFA provides the NYFA Learning service and materials “as is” and “as available”. To the maximum extent permitted by law, NYFA makes no representations, warranties or conditions of any kind, express or implied, as to the operation of the NYFA website, the NYFA Learning service, NYFA Learning materials, or the information or content included on the website and in the materials. NYFA makes no representation or warranties that the NYFA Learning service will be uninterrupted, error-free, virus-free, secure or timely. To the maximum extent permitted by law, NYFA expressly disclaims all representations, warranties or conditions of any kind, whether express or implied, including the implied representations, warranties or conditions of merchantability, fitness for a particular purpose, title, non-infringement and those arising from a course of dealing, trade, usage or performance. Some jurisdictions do not allow limitations on implied warranties, and therefore some of the above limitations may not apply to you. If your use of the service results in the need for servicing or replacing property, material, equipment or data, NYFA is not responsible for any resulting costs or damages.

4. For Educational Use Only (Copyright Issues)

NYFA Learning Content Protected by Intellectual Property Rights

All NYFA Learning materials and any other content available through NYFA Learning and the NYFA website is protected by the intellectual property rights of NYFA and/or its licensors.

Copying Materials/Limited License in NYFA Learning Materials

Unless otherwise stated, NYFA and/or its licensors own the intellectual property rights in the NYFA website and all material on the website, including without limitation the NYFA Learning service and materials offered by NYFA Learning. Subject to the license herein, all of the intellectual property rights are reserved.
Purchased NYFA Learning materials may be viewed, downloaded for caching purposes only, or printed, to the extent permitted from the website for your personal use only, subject to the restrictions delineated in the Terms and Conditions. You must not republish NYFA Learning materials (including without limitation republication on another website); sell, rent or sublicense NYFA Learning materials; show any NYFA Learning material in public; reproduce, duplicate, copy or otherwise exploit NYFA Learning material for a commercial purpose; edit or otherwise modify any NYFA Learning material; or redistribute NYFA Learning material (except for content specifically and expressly made available for redistribution).

Artworks on the NYFA Web Site

All artworks (images, text, downloadable work samples, websites linked from the NYFA website, etc.) included on the NYFA website or included in NYFA Learning materials are the property of the artist or other copyright holder as noted. Art works may not be reproduced without written permission of the artist. Additionally, artworks included on the NYFA website do not necessarily reflect the views of NYFA.

Questions? If you have any questions, comments, or suggestions, please email NYFA Learning at [email protected]