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Terms & Conditions

Calder Gardens is a collaboration between Calder Foundation, New York (“Calder Foundation”) and the Barnes Foundation, Philadelphia (the “Barnes”). References in these Terms and Conditions (the “Agreement”) to “Calder Gardens and its affiliates” shall be understood to refer to Calder Gardens, the Trustees of Calder Gardens, Calder Foundation, and the Barnes, collectively; and references to “its affiliates” shall be understood to refer to Calder Foundation and the Barnes, collectively. Calder Gardens is a registered name of the Barnes, and the Barnes is the beneficiary of the rights of Calder Gardens, and is responsible for the obligations of Calder Gardens, under this Agreement. The Agreement contains the terms, covenants, conditions, and provisions upon which you (also referred to herein as “User”) may access and use the Calder Gardens website (the “Site”), its features and the content displayed on the Site. This Agreement also incorporates the Calder Gardens Privacy Policy, which is applicable to your use of this Site and can be found here. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.

(1) ACCEPTANCE OF TERMS
By accessing and using the Site, you affirmatively acknowledge that you understand and intend this Agreement to be the legal equivalent of a signed, written contract and equally binding, and that you accept such Agreement and agree to be legally bound by it. This Agreement (and the Privacy Policy) may be updated at any time subject to providing, where practicable, notice to you (e.g., by postings on the Site). You agree to periodically review the Agreement and your continued use of this Site, following reasonable notice of any such modifications, will constitute acceptance of such changes. Notices we may provide on this Site itself shall be deemed reasonable notice for this purpose.

(2) ALEXANDER CALDER IMAGES AND OTHER CALDER FOUNDATION INTELLECTUAL PROPERTY RIGHTS
Calder Foundation retains all rights to all works of art by Alexander Calder depicted on the Site, used here by permission.

To request permission for reproduction of works of art by Alexander Calder 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 Stephanie Tallering at the Artists Rights Society (stallering@arsny.com); to request permission for reproduction in France of any of the works of art on this Web Site, please contact ADAGP at demande.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 Victoria Hooper at DACS (licensing@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).

Unauthorized commercial publication, exploitation or distribution in any manner of works of art by Alexander Calder is specifically prohibited. Such uses require the advance written permission of Calder Foundation or its representatives listed above. Permission for such use is provided for on a case-by-case basis at the sole discretion of Calder Foundation through its rights administration societies and collecting societies.

The uses described above are monitored, protected, and enforced by Calder Foundation and its representatives. Anyone wishing to use images on the Site containing protected works of art by Alexander Calder for commercial use, publication, or any purpose other than fair use as defined by law, must request and receive prior written permission from Calder Foundation.

Calder Foundation owns registered and unregistered trademarks, including but not limited to CALDER, Calder Foundation, and the ‘CA’ signature logo. You may not use Calder Foundation’s trademarks without Calder Foundation’s prior, written permission. Nothing on this Site grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of Calder Foundation’s trademarks or may be construed to mean that Calder Foundation has authority to grant any right or license on behalf of any third-party trademark owner.

(3) INTELLECTUAL PROPERTY RIGHTS – ALL OTHER WEB CONTENT
The text, images, graphics, information and other data on the Site are protected by law, including but not limited to, United States intellectual property law and related law (including copyright law, trademark law, and individual’s rights of publicity), as well as other state, national, and international laws and regulations and also may be covered by other restrictions. All content, including but not limited to images, information, products, services, documentation, software, trademarks, service marks, trade names, logos, and icons featured on the Site are proprietary to Calder Gardens or its licensors, unless otherwise indicated. Calder Gardens retains all rights, including copyright, in data, images, software, documentation, text, and other information contained in the Site (collectively, the “Content”), including the selection and arrangement of elements of the Site as a collective work, except as otherwise indicated. You may use this Site and the Contents for noncommercial educational and personal use and for “fair use” as authorized under law, provided that you also retain all copyright and other proprietary notices contained on the materials and cite the author and source of the materials.

Certain of the images used on the Site may be made available in small size and/or in low resolution due to restrictions imposed by licensors or otherwise in deference to certain third-party intellectual property rights. If you have any questions regarding the copyright status of the relevant images on the Site, or are interested in securing rights to use certain images beyond the scope of the license granted herein, please contact permissions@caldergardens.org.

Many of the trademarks, service marks, logos, and trade names (collectively, the "Trademarks") displayed on this Site, are registered and/or unregistered marks of Calder Gardens and its licensors. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right for any User to use any Trademarks displayed or featured on the Site without the written permission of the party that may own the Trademarks displayed on the Site.

(4) PROHIBITED USES
Under no circumstances may the Content be reproduced in principal part, mirrored, catalogued, framed, displayed simultaneously with another site or otherwise republished in its entirety or in principal part without the express written permission of Calder Gardens. You represent and warrant that you will not use this Site for any purpose that is unlawful or prohibited by this Agreement, including but not limited to attempting or actually (a) disrupting, impairing or interfering with the Site; (b) collecting any information about other users of the Site; or (c) systematically extracting data contained in the Site to populate databases for internal or external use.

(5) SUBMISSIONS AND USER-GENERATED CONTENT
Calder Gardens welcomes your feedback and suggestions about how to improve this Site. Any ideas, suggestions, information, know-how, material, or any other content (collectively, "Submissions") received through this Site, however, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Calder Gardens to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, display (in whole or part) worldwide, or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. You hereby waive any claim to the contrary.

To the extent you are not the rights holder for content in the Submissions, you are required to obtain any necessary permissions from the third-party owners before posting, distributing or otherwise making such Submissions available on the Site. You acknowledge and agree that you will not upload, distribute, or otherwise post or link to any information, or materials that: (a) is libelous, defamatory, threatening, abusive, obscene, unlawful, or that encourages a criminal offense; (b) contains any viruses or other code, file, or program that is designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; (c) attempts to circumvent, disable, or override any encryption features or other protections of the Site; (d) infringes the copyright or other proprietary rights of any third party or violates any jurisdiction’s law, statute, or regulation; (e) forges headers or otherwise manipulates identifiers in order to disguise the origin of any content posted; (f) intentionally interferes with or destructs the Site or servers or networks connected to the Site; or (g) or contains any advertising, promotional, or solicitation material.

You acknowledge that any Submissions you make to the Site (including without limitation comments, blog entries, forum messages, audio, video, or photographs) may be edited, removed, modified, altered or changed, in any manner without your permission or consent. Calder Gardens specifically reserves the right to delete, move, or edit Submissions that, in its sole discretion, it deems offensive, abusive, defamatory, obscene, or off topic as well as Submissions that may violate copyright laws or trademark laws or are otherwise unacceptable. You acknowledge that Calder Gardens cannot and does not review every submission to the Site and is not responsible for the content of such messages.

(6) INFRINGEMENT NOTICES
Calder Gardens respects the intellectual property of others, and we ask users of the Site to do the same. Calder Gardens may, in appropriate circumstances and at its discretion, take reasonable steps to disable and/or terminate access to the Site of Users who may be repeat infringers of intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information to the Calder Gardens copyright agent:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright
  • A description of the copyrighted work that you claim has been infringed
  • A description of where the material that you claim is infringing is located on the Site
  • Your address, telephone number, and email address
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf

The Calder Gardens agent for notice of claims of copyright infringement can be reached as follows:

By mail:
DMCA Agent
Office of the General Counsel
Calder Gardens c/o The Barnes Foundation
2025 Benjamin Franklin Parkway
Philadelphia, PA 19130

By email:
dmca@barnesfoundation.org

By telephone:
215.278.7000

(7) LINKS
You may link to the Site from your website, subject to the following rules:

  • You must use the name “Calder Gardens” or a particular caldergardens.org URL to identify the link
  • You may not reproduce any trademark or logo of Calder Gardens or its affiliates without the prior written permission of the appropriate rights holder
  • You may not frame or use framing techniques to display Content from this Site on another website, without the prior written permission of Calder Gardens
  • You agree to remove your link upon request of Calder Gardens

Linking to the Site does not grant you any ownership rights or interest in or to the Site or the Content. You understand and agree that Calder Gardens has no obligation to provide a link from the Site to your website or to provide any reciprocal service of any kind.

Calder Gardens may provide links to other resources and websites on the World Wide Web for your convenience in locating related information and content. Calder Gardens has no control over such sites or resources, since third parties maintain them, and has not necessarily reviewed these sites. Accordingly, Calder Gardens and its affiliates expressly disclaim any responsibility for the availability of such external sites or resources, the privacy policies and information collection practices, the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party websites. In addition, such links to, or the display of Content on, such third-party sites does not imply an endorsement of any third party or any website or the products or services provided by any third party. Calder Gardens and its affiliates expressly disclaim any liability, whether direct or indirect, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on websites, other than to the extent of such party’s direct control of such site.

(8) PRIVACY POLICY
Please see the Calder Gardens Privacy Policy for a summary of the personal data collection and use practices with respect to the Site. The Privacy Policy is incorporated in this Agreement. By using this Site, you consent to the collection and use of personal data as outlined therein.

(9) INDEMNIFICATION
You agree to indemnify and hold harmless Calder Gardens, its affiliates, and their respective trustees, officers, employees, legal representatives, licensors and agents, predecessors, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from (1) any content you submit, post, transmit or otherwise make available via the Site, your use of and connection to the Site and the services offered through it, your breach of this Agreement, or your violation of any rights of another, (2) any inaccuracy, error, or delay in, or omission of (a) any information, or (b) the transmission or delivery of information; and (3) any loss or damage arising from or occasioned by (a) any such inaccuracy, error, delay, or omission, (b) non-performance, (c) interruption of information due to the negligence of Calder Gardens, its affiliates or agents; and (d) any “force majeure” (e.g., flood, extraordinary weather conditions, earthquake, or other natural cause, fire, war, terrorism, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction); unauthorized access or theft; operator errors; communications line failure or systems failures; or any other cause beyond the reasonable control of Calder Gardens, its affiliates, or its agents.

(10) DISCLAIMER OF WARRANTIES
You expressly understand and agree that:

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND ALL OF ITS CONTENT ARE PROVIDED ON AN “AS IS” BASIS AND “AS AVAILABLE” BASIS AND ARE MADE AVAILABLE WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. CALDER GARDENS AND ITS AFFILIATES, AGENTS AND ALL OF THEIR RESPECTIVE LICENSORS, EMPLOYEES, AGENTS, DIRECTORS, OFFICERS, PROPRIETORS, PARTNERS, REPRESENTATIVES, SHAREHOLDERS, LEGAL REPRESENTATIVES, SERVANTS, ATTORNEYS, PREDECESSORS, SUCCESSORS, AND ASSIGNS EXPRESSLY 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 AND NON-INFRINGEMENT WITH RESPECT TO THE SITE OR ANY CONTENT. FURTHER, THE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CALDER GARDENS MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE AND THE CONTENT AT ANY TIME, FOR ANY REASON.

None of Calder Gardens, its affiliates, or its agents warrant or make any representations that (a) the Site will meet your requirements, (b) the Site will be uninterrupted, timely, secure, or error free, or (c) results that may be obtained from the use of the Site (including any information and materials on this Site) will be correct, accurate, reliable, or otherwise. Reference herein to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favoring by Calder Gardens or its affiliates.

(11) LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL CALDER GARDENS, ITS AFFILIATES, ITS AGENTS, OR ANY OF THEIR RESPECTIVE LICENSORS, EMPLOYEES, AGENTS, DIRECTORS, OFFICERS, PROPRIETORS, PARTNERS, REPRESENTATIVES, SHAREHOLDERS, LEGAL REPRESENTATIVES, PREDECESSORS, SUCCESSORS, AND ASSIGNS BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THIS SITE OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES FOR LOSS OF PRESENT OR PROSPECTIVE PROFITS, EXPENDITURES, INVESTMENTS OR COMMITMENTS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (E) ANY OTHER MATTER RELATING TO THE SITE.

(12) GOVERNING LAW AND JURISDICTION
The Terms and Conditions and the relationship between you and Calder Gardens shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to conflicts of law rules. You agree to submit to the personal and exclusive jurisdiction and venue for any dispute in the state and federal courts of Philadelphia, Pennsylvania.

(13) NATURE OF RELATIONSHIP / SEVERABILITY AND WAIVER
No joint venture, partnership, employment, or agency relationship exists between you and Calder Gardens or its affiliates as a result of this Agreement or your use of this Site. If a court or tribunal of competent jurisdiction holds any provision of this Agreement unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. Failure to insist on strict performance of any of the terms and conditions of this Agreement by Calder Gardens will not operate as a waiver of any subsequent default or failure of performance. No waiver by or on behalf of Calder Gardens of any right under this Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

(14) ENTIRE AGREEMENT / RESERVATION OF RIGHTS
Calder Gardens reserves the right in its sole discretion to terminate or restrict your use of the Site, or any part of the Site, without notice, for any or no reasons, and without liability to you or any third party. This Agreement, including the Privacy Policy, represents the entire agreement between you and Calder Gardens with respect to your use of the Site and the Content, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Calder Gardens or its affiliates with respect to this Site. Any rights not expressly granted herein are reserved.

(15) MEMBERSHIP AUTO-RENEWAL
If you choose to automatically renew your Calder Gardens membership (including a joint Calder Gardens and Barnes membership), you agree that your payment information will be kept on file. Your card will be charged up to seven (7) days prior to your membership renewal date for the then-current price of your membership level. If you wish to cancel your Auto Renew membership, please contact membership@caldergardens.org or 215.278.7100 at least thirty (30) days prior to your membership renewal date. If you have any concerns, issues, or questions regarding your Auto Renew membership, or wish to change your membership level, please contact membership@caldergardens.org or 215.278.7100.