Terms of Use

Terms & Conditions of Use

Holt/Smithson Foundation provides this website and its content (together, the “Website”) to support its charitable purposes.

No Endorsement of Third Parties

The content of this Website is intended for informational purposes only. The information includes information provided by third parties. The inclusion of any link on this site does not imply any recommendation, approval or endorsement of that site by us. Holt/Smithson Foundation does not endorse or take responsibility for any third party information. Third party links do not represent an endorsement of any other party or website. Holt/Smithson Foundation does not take any responsibility for any content, advertising, products or services made available on or through such third parties’ websites. All use of, or reliance on, third parties’ websites, content, products or services is at your own risk.

Own Risk

Your use of this Website is at your own risk. We are not responsible for any errors or omissions in the content of this site or for damages arising from the use or performance of this site under any circumstances.

New Mexico Jurisdiction

By accessing our web site, you agree that the statutes and laws of the State of New Mexico will apply to all matters relating to use of this web site and you agree to submit to the exclusive personal jurisdiction and venue of the District Court of Santa Fe County and/or the United States District Court for the State of New Mexico with respect to such disputes.

Proprietary Rights and Trademark and Copyright Infringement

All content on the Website (including but not limited to text, images, photographs, illustrations, multimedia (graphic, audio and video), charts, reports, data, software HTML code and screens contained therein) is owned by or licensed to Holt/Smithson Foundation (except for government works) and is subject to protection by U.S. and international intellectual property laws, including but not limited to any patent rights, copyrights, trade secrets, trade names, trademarks, services marks, moral rights, know-how and any other similar rights or intangible assets recognized under the laws or international conventions in any country or jurisdiction in the world as intellectual creations to which rights of ownership accrue.

Uploading and Sharing

By sharing and uploading any contribution (including any text, photographs, graphics, video or audio-visual material) with Holt/Smithson Foundation you agree to grant to Holt/Smithson Foundation, free of charge, permission to use the material in any way it wants (including modifying and adapting it for operational and editorial reasons) for Holt/Smithson Foundation services in any existing or future media worldwide (including on Holt/Smithson Foundation’s site accessed by international users) and in perpetuity. We will not use your content for commercial purposes but we may use your content to promote our platform. If your content contains third party material (for example images, video, music) you must have obtained the necessary third party permissions to use the material.

Copying and Storage

Holt/Smithson Foundation reserves the right to copy, relocate, back-up and remove content and information from the Website in its sole discretion.

All text and image files on this Website are made available to the public for noncommercial, educational, and personal use only, or for fair use as defined by United States copyright laws. Except as expressly provided in these Terms and Conditions of Use or as otherwise authorized in advance in writing by Holt/Smithson Foundation, you may not download, copy, store, manipulate, reformat, print, display, publish, distribute, create a derivative work from, resell or make any other use of, any information contained on the Website. The source of the images should also be cited in any reproduction.

The Holt/Smithson Foundation Logo and other Holt/Smithson Foundation marks, logos, titles, and names are trademarks owned and/or registered either by Holt/Smithson Foundation or by a related company and/or licensor.  All other third-party trademarks are owned by the respective third parties.

Permissions and Requests for Images

Anyone wishing to use any files or images contained on this Website for publication, commercial use, or any other purpose must request and receive prior written permission from Holt/Smithson Foundation and/or the third party who holds copyright. Permission for such use is granted on a case-by-case basis and at the sole discretion of Holt/Smithson Foundation and/or the third party.

For information concerning permissions or to request permission to photograph artworks by Nancy Holt or Robert Smithson, contact Artists’ Rights Society info@arsny.com. All requests for permission to reproduce images or moving image clips must be submitted in writing and must include the following information:
- Artist's name;
- Title of work;
- Format desired (color or black and white);
- Description of the publication you are requesting the work will be reproduced in.

Permissions and Requests for Texts by Holt or Smithson

Anyone wishing to use any writings by Nancy Holt or Robert Smithson contained on this website for publication, commercial use, or any other purpose must request and receive prior written permission from Holt/Smithson Foundation and/or the third party who holds copyright. This includes print and digital reproduction. Permission for such use is granted on a case-by-case basis and at the sole discretion of Holt/Smithson Foundation and/or the third party. For information concerning permissions for these texts, contact the Foundation by email on contact@holtsmithsonfoundation.org.

All requests for permission to reproduce texts must be submitted in writing and must include the following information:
- Artist's name;
- Title of text;
- Description of the publication you are requesting the work will be reproduced in.

Disclaimer of Warranties

The Website is provided to you strictly on an “as is” basis without warranties of any kind, either express or implied. You expressly understand and agree that Holt/Smithson Foundation makes no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, availability, accuracy or complete­ness of the Website or any content. Holt/Smithson Foundation disclaims, any representation or warranty of any kind whatsoever, directly or indirectly, whether express or implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability and fitness for a par­ticular purpose, or non-infringement of third-party rights, with respect to the Website or any content herein.

Limitation of Liability

In no event, shall Holt/Smithson Foundation, or any agents, representatives or licensors be liable hereunder, under any theory of liability whatsoever (including, but not limited to, negligence and strict liability) for any direct, indirect, incidental, special, punitive or consequential damages or for loss of profits, revenue, data or programming, (whether in an action in contract, tort, product liability, statute or otherwise (even if Holt/Smithson Foundation has been advised of the possibility of such damages)) arising out of (a) your use of the Website, including, but not limited to, any loss or damage caused by any reliance on, or any delays, inaccuracies, errors or omissions in, any information accessed on or through the Website, (b) your inability to use the Website for whatever reason, including, but not limited to, communications failure or any other failure with transmission or delivery of any information accessed on or though the Website, (c) the deletion, correction, destruc­tion, damage, loss or failure to store any information, or (d) any other matter relating to the Website.

Because some jurisdictions do not allow the exclusion of certain warranties or limitation or exclusion of liability for incidental or consequential damages, in such jurisdictions Holt/Smithson Foundation’s aggregate liability will be limited to the extent permitted by the laws of that jurisdiction.

Without limiting the foregoing, you agree that if you use third-party information, services or products offered on a Website linked to or that is otherwise referred to on or through this Website, such party is solely responsible for such information, services or products, and you hereby release Holt/Smithson Foundation, and any officers, directors, advisors, members, employees, agents, representatives, and licensors from any claims, demands and damages (including, but not limited to, direct, indirect, inci­dental, special, punitive or consequential damages) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such information, services or products, any transactions between you and such party and any disputes between you and such party.

Holt/Smithson Foundation assumes no responsibility, and shall not be liable for, any damages to, or viruses or malware that may infect your computer equipment or other property as a result of your access to, use of, browsing in, or downloading of any content from the Website.

Indemnification

You agree to indemnify and hold harmless, and at Holt/Smithson Foundation’s option, defend Holt/Smithson Foundation and any employees, agents, representatives and licensors, from all damages, costs, liabilities, suits, judgments, penalties, expenses, obligations, losses, claims, actions, costs and expenses (including, but not limited to, attorneys’ fees and expenses), relating to or arising out of (a) any breach of these Terms and Conditions of Use or (b) any use of the Website by you.

Governing Law; Jurisdiction

Holt/Smithson Foundation operates the Website from the United States. You hereby agree that the laws of the State of New Mexico will apply to all matters relating to these Terms and Conditions of Use and the Website and that these Terms and Conditions of Use shall not be governed by the United Nations Convention on Contracts for the International Sales of Goods.

These Terms and Conditions of Use shall be construed in accordance with the laws of the State of New Mexico, without giving effect to any principles or rules of conflicts of laws to the extent such principles or rules are not required by statute and would require or permit the application of the laws of other jurisdictions, as to all matters, including, but not limited to, matters of validity, construction, effect, performance, and remedies.

In connection with any litigation, without limiting Holt/Smithson Foundation’s right to bring an action against you in any jurisdiction, you further agree to submit to the exclusive jurisdiction of and venue in the federal and state courts located in the County of Santa Fe, New Mexico. You agree that any claim or cause of action arising out of or related to the use of the Website or these Terms and Conditions of Use must be filed within one (1) year after such claim or cause of action arose regardless of any statute or law to the contrary.

Miscellaneous

These Terms and Conditions of Use, including the Privacy Policy and Acceptable Use Policy and all other policies of Holt/Smithson Foundation incorporated by reference herein, as may be amended from time to time by Holt/Smithson Foundation including, but not limited to, by posting such amendments on the Website, constitute the complete and exclusive agreement between Holt/Smithson Foundation and you with respect to the subject matter hereof and supersede all prior discussions, understandings and agreements with respect to the subject matter hereof.

If any provision of these Terms and Conditions of Use shall be held invalid in any respect by any court or governmental agency of competent jurisdiction and all appeals have been exhausted, then that provi­sion shall be deemed severable from these Terms and Conditions of Use and shall not affect the validity and enforceability of any remaining provisions Holt/Smithson Foundation‘s failure or delay to enforce the strict performance of any provision of these Terms and Conditions of Use will not constitute a waiver of Holt/Smithson Foundation’s right to subsequently enforce such provision or to exercise any other right, power or remedy. No waiver of any provision of these Terms and Conditions of Use shall be effective unless in writing. You agree that all agreements, notices, disclosures and other communications between you and Holt/Smithson Foundation that are electronic in form satisfy any legal requirement that such communications be in writing.

Use of the Website constitutes acceptance of these Terms and Conditions of Use, which incorporate the Website’s Privacy Policy and Acceptable Use Policy.

Acceptable Use Policy

This Acceptable Use Policy (“AUP”) sets forth certain permitted and prohibited uses of the Holt/Smithson Foundation Website. As a user of the Website, you are referred to herein as 'you” or “user.”

Holt/Smithson Foundation reserves the right to determine, in its sole discretion, whether a use of the Website is in violation of the AUP. Holt/Smithson Foundation reserves the right to monitor the Website, and when Holt/Smithson Foundation becomes aware of an actual or attempted violation of the AUP, to take such action as it deems appropriate to address the violation.

Holt/Smithson Foundation shall not be responsible for any loss or damage arising out of your failure to comply with the AUP.

Prohibited Uses

The following are examples of types of uses of the Website that are prohibited under the AUP:

Illegal/Criminal Activity

You may not use the Website to commit, or in connection with, criminal or civil violations of federal, state, local or international laws, regulations or other government requirements. Such violations include, but are not limited to, theft or infringement of patents, copyrights, trademarks, trade secrets or other types of intellectual property; fraud; forgery; theft or misappropriation of funds or information; violation of export control laws or regulations; encouraging conduct that would constitute a criminal offense or give rise to civil liability; and assisting or permitting any third parties engaged in or attempting to engage in any of the activities described above.

Holt/Smithson Foundation reserves the right to report any activity that may violate any law or regulation to appropriate law enforcement officials, regulators or other third parties. In order to cooperate with governmental requests with respect to possible violations of laws or regulations, Holt/Smithson Foundation may access and disclose to law enforcement officials, regulators or other third parties, any information Holt/Smithson Foundation considers necessary or appropriate.

Security Violations

You are prohibited from violating, or attempting to violate, the security of the Website. Any such violations may result in criminal and civil liabilities to you. Examples of prohibited security violations include, but are not limited to, logging into a server or account that you are not authorized to access; accessing data or taking any action to obtain services not intended for you or your use; attempting to probe, scan or test the vulnerability of any system, subsystem or network; tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures without proper authorization; transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of the system; interfering with, intercepting or expropriating any system, data or information; or interfering with service to any user, host or network including, but not limited to, by means of overloading, “flooding,” “mailbombing” or “crashing” any computer system.

Offensive Materials

The Website may not be used for the distribution of offensive materials, including, but not limited to, materials that are libelous, defamatory, obscene, pornographic, indecent, vulgar or hateful, materials that violate the privacy, publicity or other personal rights of others, or materials that impair the privacy of communications.

Spam

Spam is an unacceptable use of the Website. Spam includes, but is not limited to, any of the following activities: sending any unsolicited email that could be expected, in Holt/Smithson Foundation’s discretion, to provoke complaints; sending unsolicited email without identifying in the email a clear and easy means to be excluded from receiving additional email from the originator of the email; or sending email that does not accurately identify the sender, the sender’s return address and the email address of origin.

Other Prohibited Conduct

You may not

(a) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website, or take any action that imposes an unreasonable or disproportionately large load on our infrastructure;

(b) copy, reproduce, republish, upload, post, transmit, or distribute in any way material from the Website in any manner inconsistent with the purposes for which we offer the material;

(c) without our express written permission, copy, modify, or display our name or logo, or any text, graphic images, or other content from the Website;

(d) redeliver any of the pages, text, images, or other content of the Website using “framing,” redirection or similar technology without our express written permission;

(e) use devices (including software) that are designed to provide repeated automated access to the Website other than those made generally available by Holt/Smithson Foundation;

(f) include Holt/Smithson Foundation or any other trademark, trade name or service mark of ours, the name of any of our advisors, members, affiliates or personnel, or any variation of any of the foregoing, as a metatag, or hidden textual element;

(g) include Holt/Smithson Foundation or any other trademark, trade name or service mark of ours, the name of any of our advisors, members, affiliates or personnel, or any variation of any of the foregoing, as any other indicator that may create a likelihood of confusion or a false or misleading impression of affiliation, sponsorship, or endorsement between us and any user and/or site;

(h) collect or store personal data about other users of the Website;

(i) upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights;

(j) archive the Website; and

(k) create a link to the Website unless our express written permission is received and any such link satisfies all of the following requirements: (i) indicates clearly that the link will lead to the Website of Holt/Smithson Foundation; (ii) does not falsely or misleadingly represent or suggest any relationship between the linking site and Holt/Smithson Foundation (including suggestions of affiliation, endorsement, or sponsorship); (iii) does not link to the Website in a manner that results in the dilution or disparagement of our intellectual property; (iv) delivers content of the Website in a frame environment; (v) maintains the integrity of the layout, content, and look and feel of the Website; and (vi) delivers users to the Website, unaltered, unmodified, unadulterated in any way by the linking site.

Consequences

Violations of the AUP may result in a demand by Holt/Smithson Foundation for immediate removal of the offending material, immediate, temporary or permanent filtering, blocked access, suspension or termination of use of the Website, or other action appropriate to the violation, as determined by Holt/Smithson Foundation in her sole discretion. When feasible and lawful, it is Holt/Smithson Foundation’s preference to give notice so that violations may be addressed voluntarily; however, Holt/Smithson Foundation reserves the right to act without notice as Holt/Smithson Foundation may determine in its sole discretion. Holt/Smithson Foundation will cooperate with law enforcement agencies if unlawful activity is suspected. Violators of the AUP may also be subject to civil or criminal liability under applicable law.

Holt/Smithson Foundation, in its sole discretion, may terminate your access to the Website, or any portion thereof, without notice for any reason, including, but not limited to, if Holt/Smithson Foundation believes that you have breached the AUP. Holt/Smithson Foundation reserves the right to terminate your access to the Website upon notice if you violate the policies of the Website’s Internet service provider.

Incident Reporting

Any complaints regarding violations of the AUP by a user should be directed to contact@holtsmithsonfoundation.org. Where possible, all complaints should include details that would assist Holt/Smithson Foundation in investigating and resolving the complaint (e.g., expanded headers and a copy of the offending transmission).

Privacy Policy

Your privacy is important to us. Holt/Smithson Foundation will not sell your personal information or share your information with any third parties except those contracted by Holt/Smithson Foundation for the purposes of advancing our mission. These contractors are required to agree that they will use the information only for Holt/Smithson Foundation’s purposes and will not share or sell any information with any other third party.

The Holt/Smithson Foundation Website is not specifically dedicated to children. Children under the age of thirteen are required to obtain permission from an adult before submitting information to Holt/Smithson Foundation’s Websites.

Holt/Smithson Foundation and its contractors are committed to protecting your information from loss or misuse, but there is always risk when transmitting information over the internet, and a chance of our security systems being thwarted. While we will attempt to protect your information, we cannot ensure the security and privacy of any information transmitted to us online, and you do so at your own risk.

We collect information from you only to create content and functionality that best serve your needs and interests, to improve the quality of the service we provide for you, and to meet legal and regulatory requirements. We never rent or sell your name or other personally identifiable information.  We will not share information with people or entities that are not affiliates (“nonaffiliated third parties”) except as described below.

Policy Introduction

This Privacy Policy (“Policy”) describes Holt/Smithson Foundation’s collection and use of data from visitors or users who access data, communications or software applications on or through this Website.  As a user or visitor of this Website, you are referred to herein as “you” or “user”.

This Policy may change over time. Holt/Smithson Foundation shall provide notice of changes to the Policy on this Website. Such changes shall become effective on the tenth calendar day after their initial posting on this Website. If you want to opt out of any new disclosures we propose to make, you must notify us before the effective date of the change. Use or visitation of this Website following any such ten-day period signifies your consent to such additional changes. Therefore, Holt/Smithson Foundation recommends that you review this Policy regularly to ensure that you are familiar with the Policy.

If at any time you have questions regarding this Policy, you may contact a representative of Holt/Smithson Foundation by sending an e-mail contact@holtsmithsonfoundation.org.

Collection of Personal Information

Holt/Smithson Foundation understands the importance of maintaining the confidentiality, integrity and security of its users’ non-public, personally identifiable information (“Personal Information”).  In order for Holt/Smithson Foundation to provide and improve its services, Holt/Smithson Foundation collects and maintains Personal Information about users. Holt/Smithson Foundation collects Personal Information in circumstances when you knowingly provide Personal Information.  The Website will indicate when the provision of any Personal Information is optional.

Holt/Smithson Foundation may collect and store the following information:

Personal Information from emails that have been sent by users to Holt/Smithson Foundation, including email address, email subject, or other information provided by the user;

Personal Information collected from users’ registration forms, including name, physical address, email address, etc.;

Personal Information collected when a user applies for a position with Holt/Smithson Foundation or programs sponsored by Holt/Smithson Foundation.

Use of Personal Information

Except as otherwise provided herein, Holt/Smithson Foundation will not disclose any Personal Information.

We use Personal Information to provide services for you.  Your Personal Information lets us know how to contact you so that we may answer your questions or respond to your requests.  We may use Personal Information to analyze trends, track visitors’ movements and gather broad demographic information for aggregate use. In addition, when a user applies for a position with Holt/Smithson Foundation or for a program sponsored by Holt/Smithson Foundation, we will use any related Personal Information provided by the user only for the purpose of processing and evaluating the application.

We may also disclose some or all of your information to nonaffiliated third parties such as our legal or other advisors or external service providers who help us maintain and improve our services.  These parties are subject to their own security and privacy policies and procedures.  We may also disclose information to government authorities when required or permitted by law or regulation.  We may disclose information as necessary to comply with a subpoena or court order, or to protect our rights or the rights of another person for any reason permitted by law or regulation.  If it is lawful to do so, Holt/Smithson Foundation will make reasonable efforts to notify you of any request for disclosure of your information as soon as reasonably practicable following receipt of such a request.

We recognize that your information is very sensitive and protecting the privacy of this information is a top priority for us.  Your information is not shared by Holt/Smithson Foundation unless such disclosure is necessary for one of the reasons stated in the preceding paragraph. However, Holt/Smithson Foundation reserves the right to transfer Personal Information to a third party in the event of a transfer of all or substantially all of the assets of Holt/Smithson Foundation, whether voluntarily or by operation of law, to such third party, provided that such third party agrees to protect the confidentiality of your Personal Information consistent with this Policy.

Protecting the Confidentiality and Security of Personal Information

This Website takes reasonable precaution to protect visitors’ Personal Information obtained on or through this Website.  Please note, however, that no transmission over the Internet can be 100% secure.

Links to Third Party Sites

Holt/Smithson Foundation’s Website contains links to other sites.  Such links are provided solely for your convenience. This Policy applies solely to information collected by or through the Holt/Smithson Foundation Website. Holt/Smithson Foundation is not responsible for the content, privacy and security practices of other sites.  In addition, please note that Holt/Smithson Foundation does not take responsibility for the privacy practices of other websites that link to the Holt/Smithson Foundation Website.  You should consult the privacy policies of each linked Website to determine whether such Website’s privacy policy is acceptable to you.

Your use of the Website signifies that you agree to the terms of this Policy.

© 2020 Holt/Smithson Foundation. All Rights Reserved.