Terms and condition of use

Date of last revision: November 13, 2020

Welcome to the Margaret Lefranc Art Foundation website located at https://www.margaretlefranc.org, its affiliate sites, subdomains, mobile versions, and any associated applications (collectively, the “Site”), operated by the Margaret Lefranc Art Foundation and its affiliates (collectively, “us”, “we” or the “Foundation”). By accessing or using the Site, you (“you” or “user”) signify that you have read, understand and agree to be bound by these Terms of Use (“Terms of Use” or “Agreement”).

Please read this Agreement carefully. This Agreement sets out the legally binding terms of your use of the Site. Your use of the Site constitutes your understanding, acceptance and agreement to these Terms of Use.  If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Site.

1. Content:  All content on the Site, including images, designs, text, graphics, information, software applications, and other files and their selection, coordination and arrangement (the "Content") are the proprietary property of the Foundation, its users or its licensors with all rights reserved. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Company's prior written permission. The Content on the Site is protected by copyright and may be covered by other restrictions as well. Copyright is held by the Foundation and other proprietary rights may be held by individuals and organizations other than the Foundation. All users agree to comply with applicable laws, including copyright laws, regardless of jurisdiction.

Users must cite the author and source of the Content as they would material from any printed work, and the citations should include the URL “www.margaretlefranc.org.” Content under copyright owned by a third party may not be used in any form and may not be copied or downloaded without permission from the holder of the underlying copyright.

2. Non-commercial uses: Subject to these Terms of Use, you are granted a limited license to access and use the Site and the Content solely for limited non-commercial, educational, and personal use. Commercial use of the Site and its Content are strictly prohibited. Examples of prohibited uses include reproducing Content in a publication; posting or sharing Content on an unrestricted website or in a publication made available on the Internet without access restrictions; uploading or republishing Content on any Internet, Intranet or Extranet site; or incorporating the Content in any other database or compilation. Use of any data mining, robots, scraping or similar data gathering or extraction methods is not permitted. Any use of the Site or the Content other than as specifically authorized herein, without the prior written permission of the Foundation, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
3. Liability: The Site and its Content are provided on an “as is” basis. The Project disclaims any liability and makes no warranties with respect to any errors or omissions in the Site and/or its Content. The views, findings, conclusions or recommendations expressed in the Site do not necessarily represent those of the Foundation or its funders, including the Institute of Foundation and Library Services.

The Foundation has not reviewed all of the sites linked to the Site and is not responsible for the content of any off­site pages or other sites linked to the Site. Linking to any off­site pages or other sites is at the user's risk.

We are not responsible for any injury or damage to any computer equipment belonging to any user of the Site, any User or any other person related to or resulting from use of the Site, viewing, playing or downloading any materials on or from the Site. Except as otherwise prohibited by applicable law, we expressly disclaim any warranty of any kind, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement. We cannot guarantee and do not promise any specific results from use of the Site.

Notwithstanding any other provision of this Agreement, our entire liability to you for any cause whatsoever, regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for your use of the Site. Except in jurisdictions where such provisions are restricted, in no event will we be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Site, even if we have been advised of the possibility of such damages. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations.

4. Catalogue Raisonné Information: The Site operates as an online catalogue raisonné of all of the known works, as well as all corresponding existing scholarship, of and concerning Margaret Lefranc (the “Catalogue Raisonné”).  The Margaret Lefranc catalogue raisonné project (the “Project”) includes a group of individuals who have been designated by the Foundation in its sole discretion as experts of the works of Margaret Lefranc (“Lefranc”) to render opinions and to make determinations thereon of what works will be included in the Catalogue Raisonné and attributed to Margaret Lefranc. Such opinions are subject to change over time, and no advice or information, whether oral or written, obtained by you from the Project or from or through the Site shall create any warranty not expressly stated herein. 
5. Terms of Use are Subject to Change: The Foundation may change these Terms of Use or any aspect of the Site, at any time and at its sole discretion, without further notice. Such revisions are effective immediately after we give notice thereof, which we may do by revising the “Date of Last Revision” date of these Terms of Use or by otherwise posting on the Site, or by email or conventional mail, and/or by any other means which provides reasonable notice. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use. The most updated Terms of Use will be posted on the Site.  It is your responsibility to regularly review the complete Terms of Use to remain apprised of any changes. You agree that the Foundation shall not be liable to you for any delay or other damages that might result from any changes to the Terms of Use, if any.
6. Miscellaneous: This Agreement and any notices regarding the Site sent to you or posted on the Site, all of which are incorporated herein by this reference, contains the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid or unlawful, the remainder of this Agreement shall continue in full force and effect unless such deletion materially frustrates the intent of the parties, in which case this Agreement will terminate.
7. Contact Information: If you have any questions regarding this Terms of Use, please contact: mkenziehi@aol.com. We will attempt to respond to your questions or concerns promptly after we receive them.