Terms of Use

Terms of Use

The website of Holt/Smithson Foundation supports our charitable mission to continue the creative and investigative spirit of the artists Nancy Holt (1938-2014) and Robert Smithson (1938-73), continuing the transformation they brought to the world of art and ideas.

By accessing Holt/Smithson Foundation’s website, you accept these Terms and Conditions. Holt/Smithson Foundation may revise these Terms and Conditions at any time, and these revisions will be binding. By accessing and browsing the website, you accept the Terms and Conditions and other notices, without qualifications or limitations, and acknowledge full and complete acceptance of these terms.

Holt/Smithson Foundation makes reasonable efforts to offer accurate information on this website, but makes no representations or warranties as to its accuracy and assumes no liability for any errors or omissions in the content of the website.

Use of and browsing in the website are at your risk. Neither Holt/Smithson Foundation nor any other party involved in creating, hosting or maintaining the website is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the website.

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 Site.

Privacy and Security

Holt/Smithson Foundation is committed to protecting the privacy of its website visitors. Holt/Smithson Foundation will not sell or share your personal information with any third parties except those contracted by for the purposes of advancing our mission. These contractors are required to agree 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.

Please note Holt/Smithson Foundation’s website is not specifically dedicated to children. Parental discretion is advised. Children under the age of thirteen are required to obtain permission from an adult before submitting information to Holt/Smithson Foundation’s website.

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.

Holt/Smithson Foundation is not responsible for the content of any links to pages outside of Holt/Smithson Foundation’s own websites. Your access of any off-site pages or other sites is at your own risk.

Holt/Smithson Foundation may collect information for the following purposes:

Holt/Smithson Foundation Newsletters: If you wish to receive information about Holt/Smithson Foundation’s programs, you may subscribe via our website or by sending your name and email address to contact@holtsmithsonfoundation.org. You may unsubscribe at any time following the instructions in each email. This service is hosted by a contractor that has agreed to use the information you provide only to send communication from Holt/Smithson Foundation.

Share Features: Holt/Smithson Foundation uses third-party services to enable easy sharing of content with others. The information you provide when using these services is subject to the third parties’ privacy policies.

Usage Analysis: Holt/Smithson Foundation tracks visits usage of its website via a third party to better understand our audience’s need. This data contains no personally identifying information. 

Intellectual Property

Holt/Smithson Foundation retains all rights to data, images, text, and all other information contained on this website. The materials on this website are copyrighted by Holt/Smithson Foundation or by third parties whose credit line appears in association with their copyrighted image or information. Absence of copyright information does not imply lack of copyright by Holt/Smithson Foundation or a third party.

All text and image files on this web site are made available to the public for non-commercial, educational, and personal use only, or for fair use as defined by United States copyright laws and described below. Any unauthorized downloading for commercial use or publication of any materials on this website without prior written consent from Holt/Smithson Foundation is strictly prohibited.

The names, images and logos identifying Holt/Smithson Foundation or third parties and their products and services are subject to copyright, design rights, and trademarks of Holt/Smithson Foundation and/or third parties. Nothing contained in these terms shall be construed as conferring any license or right to use any trademark, design right or copyright of Holt/Smithson Foundation or any other third party.

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.

Permissions and Requests for Images

Anyone wishing to use any files, images, or moving image 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 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; and
- Description of the publication you are requesting the work will be reproduced in.

Concerns

You can contact us if you have concerns about any aspect of our online services or if you think your or a third party’s copyright has been infringed by our online service. Please submit full details to the contact@holtsmithsonfoundation.org.