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Conservation

For information regarding conservation we recommend sending an email to emeline@robertindiana.com

Rights & Reproduction

All requests concerning the use of images of Robert Indiana and his works must be addressed to the company that represents the intellectual property rights, Artists Rights Society:

Janet Hicks (Director of Permissions)
Artist Rights society (ARS)
536 Broadway, 5th Floor
New York, NY 10012
(212) 420-9160
(212) 420-9286 FAX
jhicks@arsny.com

Terms & Conditions

These Terms and Conditions (“Terms”) apply to the web site located at www.robertindiana.com (the "Web Site") which is the property of Figure 5 Art LLC.  Please read and review these Terms carefully.

By using this site, you agree to be legally bound by the following Terms; if you do not agree to the Terms, please do not use this Web Site.

Figure 5 Art LLC 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.

Web Site Content

The Web Site is owned and operated by Figure 5 Art LLC.  All text, graphics, and other content contained on this Web Site is owned, controlled, and/licensed to Figure 5 Art and is protected by U.S. and international copyright laws.  Figure 5 Art reserves and retains all right, title and interest to the Web Site and the content therein.  Nothing contained in the Terms or on the Web Site shall be construed as assignment or license of any intellectual property rights contained herein.

The artwork of Robert Indiana is protected by U.S. and/or international copyright laws, and all copyrights are owned by Morgan Art Foundation S.A. (“MAF”).  For questions about the use and/or licensing of Robert Indiana’s artwork, please see the section of the Web Site entitled Rights & Reproduction.

Except for your non-commercial, educational, and personal use, you may not copy, distribute, sell, adapt, modify, publicly display, or otherwise commercially exploit the content or the artwork displayed on this Web Site.  Such activities are expressly prohibited without the prior written consent of the appropriate copyright owner.

The Web Site is provided on an “as is” basis.  Figure 5 Art reserves it right to select the content to be included on the Web Site, and it may modify, edit, or otherwise alter the content on the Web Site at any time for any reason whatsoever. Figure 5 Art shall not be liable to you or any third party should Figure 5 Art exercise its right to modify the Web Site.  If you object to any changes to the Web Site, your sole recourse will be to discontinue using the Web Site.

This Web Site is purely for educational purposes only and is not intended as an online catalogue raisonné.  Figure 5 Art does not guarantee the accuracy or completeness of the content on the Web Site.  Your reliance on the information contained on this Web Site is at your own risk.

Any trademarks displayed on the Web Site are trademarks of Figure 5 Art, MAF, or other third party owners and are protected under U.S. and/or international trademark laws.  You may not commercially use the trademarks found on this Web Site without the prior written authorization from the appropriate trademark owners.

The Web Site may contain links to other web sites that Figure 5 Art does not operate or control.   Figure 5 Art is not responsible for the content or business practices of these sites and recommends that you review the terms and privacy policies for any and all sites that you visit.

User Submissions

Figure 5 Art does not knowingly accept user-submitted content. Please refrain from sending any content, including, but not limited to, images, graphics, or documents, to Figure 5 Art via email, regular mail, or any other means. Figure 5 Art cannot and does not guarantee that any user submissions it receives will be kept confidential.

Figure 5 Art will respond to user correspondence at its own discretion.  It is not required or otherwise bound to respond to user submissions or other correspondence.

Privacy Policy

Figure 5 Art does not collect any private information from you when you visit the Web Site. Should you choose to contact Figure 5 Art via email or regular mail, Figure 5 Art may use your contact information to reply to your correspondence. However, it does not otherwise retain your contact information, including your email and mailing address.

Under federal law, special privacy rules apply to web sites that are directed to visitors under the age of 13.  The Web Site is only for persons able to form legally binding contracts under applicable law. Without limiting the foregoing, minors under the age of 13 are prohibited from using the Web Site except with the consent and supervision of their parent(s) and/or legal guardian(s).

Prohibited Activities

In addition to any other restrictions described in these Terms, you may not:

(a) use the Web Site for any commercial purpose;
(b) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam) to the Web Site;
(c) use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Web Site or monitor or copy the web pages or the content contained thereon;
(d) deep link to the Web Site for any purpose;
(e) frame the Web Site, place pop-up windows over its pages, or otherwise affect the display of its pages.
(f) interfere with or disrupt the Web Site or services or networks connected to the Web Site or disobey any requirements, procedures, policies, or regulations of networks connected to the Web Site; or
(g) send any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, racially offensive, or otherwise objectionable, as determined in the  Figure 5 Art's sole discretion.

Termination

Figure 5 Art may terminate your access and use of the Web Site without prior notice for any reason, in its sole discretion, including without limitation, if Figure 5 Art believes that you have violated these Terms.

Disclaimer of Warranties and Limitations on Liabilities 

THIS WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. FIGURE 5 ART DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS ABOUT THE SUITABILITY OF THE MATERIALS ON THE WEB SITE FOR ANY PURPOSE. FIGURE 5 ART DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NON-INFRINGEMENT.

FIGURE 5 ART MAKES NO WARRANTY THAT THE WEB SITE AND/OR THE CONTENT THEREIN WILL MEET YOUR REQUIREMENTS OR THAT THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK.

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL THE FIGURE 5 ART, ITS LEGAL REPRESENTATIVES, AND ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF REVENUES, PROFITS, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO THE WEB SITE, THE MATERIALS ON THE WEB SITE OR YOUR USE OF THE WEB SITE, THE MATERIALS, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, WARRANTY, STATUTE, STRICT LIABILITY OR OTHERWISE.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEB SITE.

Exclusions and Limitations 

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Figure 5 Art may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.

Indemnification 

You agree to indemnify, defend, and hold harmless Figure 5 Art, its legal representatives, assigns, partners, employees, advisors, officers, directors, consultants, agents, and affiliates from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising from: (1) any information you submit or transmit to or through the Web Site; (2) your use of the Web Site or the content contained therein; (3) your violation of these Terms; or (4) any viruses, Trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful or deleterious programming routines input by you into the Web Site.

Copyright Infringement

Figure 5 Art has made every effort to obtain the appropriate licenses for any third party content contained on this Web Site.  If you are a copyright owner or agent and believe your content is on this Web Site without proper authorization, please contact us at info@robertindiana.com.

Dispute Resolution 

Any claim, dispute, or controversy arising out of the Terms, the Web Site, or the content on the Web Site ("Claims") shall be resolved by final and binding arbitration before a single arbitrator ("Arbitrator") selected from and administered by the American Arbitration Association in accordance with its applicable rules. The arbitration hearing shall be held in New York, NY (USA). The prevailing party shall be entitled to reimbursement from the other party of its reasonable attorney's fees, costs, and disbursements arising out of the arbitration.

Enforcement of Terms

Figure 5 Art’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.  Should any portion of the Terms be held invalid, unlawful or unenforceable, the remaining Terms shall not be affected.  The section titles in the Terms are for convenience only and have no legal or contractual effect.

Governing Law

The Terms shall be governed by the laws of the State of New York without giving effect to any choice of laws or principles that would require the application of the laws of a different country or state.

Entire Agreement relating to the Web Site

The Terms constitute the entire and sole agreement between you and Figure 5 Art with respect to your use of the Web Site and the content contained thereon.