Use of Personal Information

Some of the features of this Web site may require you to provide personal information, as, for example, registering as a user of this site, subscribing to a publication, purchasing tickets, or the like. We collect visitor's personal information solely for the purpose of responding to and servicing our visitors. Personal information may include names, addresses, phone numbers, E-mail addresses, financial information, and customer comments, and is derived solely from what is directly provided to us by the visitor to this Web site.

MWPAI and PrattMWP may send a follow-up E-mail that asks visitors who previously visited this site to participate in a survey. Participation in any such survey is optional and anonymous unless the participant chooses to identify his or her self in the survey.

MWPAI and PrattMWP may, from time to time, present a special promotion on this Web site which is sponsored by another company. In order to participate in such a special promotion, you may be required to provide personal information. If we intend to share that information with the sponsor of the promotion, we will so state.

It is our policy not to solicit personal information from children. Functions of this Web site which are specifically intended for use by children will not request any personal or contact information.

Personal information provided to us by visitors to our Web site will not be sold or distributed in any way.

Use of Financial Information

We will protect any personal financial information which you share with us through this Web site. If you make a purchase from us, or make a donation to us, online through this site, we will use your credit card information only for the processing of that transaction, and will not share that information with anyone else. For reasons of security, we do not store credit card information on our server. We do retain order information, but we do not share that information with any other party.

Use of IP Addresses

An IP address is a set of numbers that is automatically assigned to your computer whenever you log in to your Internet service provider or through your company's network, and on their own, do not contain any personal information associated with its user. MWPAI and PrattMWP maintains logs that collect IP addresses to audit the use of our Web site, and for the purpose of system administration.

IP addresses are used in our statistical usage reports to reveal your Internet service provider or company. We do not link a user's IP address to anything personally identifiable to that user, which means that your session will be logged, but you remain anonymous to us.

With the cooperation of your Internet service provider or company, and/or law enforcement, we can and will use IP addresses to identify visitors of our Web site when we feel it is necessary to protect our service, Web site, or other users.

Use of Cookies

A cookie is a small piece of data that is sent to a visitor's browser from a Web server and stored on that visitor's hard drive. The MWPAI and PrattMWP Web site utilizes a cookie solely for the purpose of improving the accuracy of our statistical usage reports. Although some Web sites use cookies to store and track personal information about, and preferences for their users, MWPAI and PrattMWP makes no attempt to tie visitor supplied or otherwise available information, to the cookies that originate from this Web site.

You can choose whether to accept the cookies that we send to you by changing the settings of your browser. You can reset your browser to refuse all cookies, or to allow your browser to show you when a cookie is being sent. If you choose not to accept these cookies, your experience at our Web site may be diminished and some features may not work as intended.

Security

MWPAI and PrattMWP has security measures in place to protect the loss, misuse and alteration of the information under our control. Only authorized individuals have access to the information you provide us. While we cannot guarantee that loss, misuse or alteration to data will not occur, we make every effort such as the use of passwords, encryption, and non-disclosure agreements, to prevent such unfortunate occurrences.

Third-Party Relationships

The MWPAI and PrattMWP Web site utilizes programming, data, and services provided by Trainor Associates, Inc. Trainor Associates shares our standards and firm commitment to privacy and may be asked to act on our behalf to help service our visitors under these guidelines.

The MWPAI and PrattMWP Web site may contain links to other Web sites. These other Web sites are not under the control of MWPAI or PrattMWP, and we assume no responsibility for the privacy practices or the content of such Web sites. We do not share information concerning our visitors with other Web sites.

Contacting Us

If you have any questions about this privacy statement, the practices of our company, or your dealings with this Web site, or if you wish to update your personal information, or if you wish to stop receiving information from us, you may contact MWPAI by sending us an E-mail, please use the form at the bottom of this page, or by postal mail addressed to us at:

Communications Department
Munson-Williams-Proctor Arts Institute
310 Genesee Street
Utica, New York 13502

When communicating with us, please include your name, address and E-mail address, so that we can make the changes which you have requested. We would also appreciate receiving any comments or questions you may have about this privacy policy.

Acceptance of Terms and Conditions

Munson-Williams-Proctor Arts Institute (“MWPAI”) provides this website (MWPAI.org), PrattMWP’s (mwpai.edu) website and Our collections (collections.mwpai.org) website (combined, the “MWPAI websites”) in support of its charitable and educational mission to further the understanding and appreciation of art by the public. BY ACCESSING THE MWPAI WEBSITES, YOU ACCEPT WITHOUT LIMITATION OR QUALIFICATION THESE TERMS AND CONDITIONS (the “Terms and Conditions”). MWPAI MAY REVISE THESE TERMS AND CONDITIONS AT ANY TIME, WHICH REVISIONS SHALL BIND YOU. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE EXIT THE MWPAI WEBSITE NOW AND REFRAIN FROM FURTHER USE.

Protection of privacy

MWPAI is committed to protecting the privacy of its website visitors in accordance with applicable laws and regulations. All information gathered from you in connection with your use of the MWPAI website is governed by MWPAI’s Privacy Policy. Please note that the MWPAI website is not specifically dedicated to children and MWPAI does not actively solicit information from children. Children under the age of 12 are required to obtain permission from an adult before submitting information to the MWPAI website.

Trademarks

The names, titles, trademarks, service marks, and logos that appear on the MWPAI website are registered and unregistered marks of MWPAI, including but not limited to Munson-Williams-Proctor Arts Institute, MWPAI, and PrattMWP (“MWPAI Trademarks”). You may not use the MWPAI Trademarks without MWPAI’s prior, written permission.

The trademarks of third parties may also appear on the MWPAI website from time to time; you may not use these trademarks without prior, written permission of their respective owners. You acknowledge and agree that nothing on the MWPAI website grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of the MWPAI Trademarks or may be construed to mean that MWPAI has authority to grant any right or license on behalf of any third party trademark owner.

All content is protected by copyright laws

Images, text, software, documentation, electronic text and image files, audio and video files and clips, and other materials on the MWPAI website are protected by copyright laws and may be covered by other restrictions including, for example, rights of privacy and publicity, as well. MWPAI retains all rights it may hold, including copyright, in data, image, text, and any other information contained in these files. Copyrights and other proprietary rights in the material on this website may also subsist in individuals and entities other than, and in addition to, MWPAI. MWPAI expressly prohibits the copying of any protected materials on this website, except for the purposes of fair use as defined in the copyright laws, and as described below.

Fair use is permitted

Fair use of copyrighted material includes the use of protected materials for noncommercial educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting. Unless otherwise noted, users who wish to download or print text, audio, video, image, and other files from MWPAI’s website for such uses are welcome to do so without MWPAI’s express permission. In accordance with scholarly practice, users of materials (whether copyrighted or not) in publications, etc., should cite the author/artist as well as the source; the citation should include the URL “http://www.mwpai.org.”

By downloading, printing, or otherwise using text, audio, video, image, and other files from the MWPAI website, whether accessed directly from this website or via other sites or mechanisms, users agree that they will limit their use of such files to fair use, and will not violate MWPAI’s or any other party’s proprietary rights.

Commercial use is prohibited

Unauthorized downloading, publication, or exploitation of MWPAI’s files for commercial purposes is specifically prohibited. Anyone wishing to use any of these files or images for commercial use, publication, or any purpose other than fair use as defined by law, must request and receive prior permission. All requests to reproduce works of art from MWPAI’s collection within North America (Canada, U.S., Mexico) should be addressed directly to Art Resource, Scala’s New York representative, at 536 Broadway, New York, New York 10012. Telephone (212) 505-8700; fax (212) 505-2053, requests@artres.com, www.artres.com. Requests from all other geographical locations should be addressed directly to Scala Group S.p.A., 62, via Chiantigiana, 50011 Antella/Firenze, Italy. Telephone 39 055 6233 200; fax: 39 055 641124, archivio@scalagroup.com, www.scalarchives.it.

Reservation of rights

All rights not expressly granted by MWPAI herein are specifically and completely reserved. Nothing on the MWPAI website or in these Terms and Conditions grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any content or property of any third party, or may be construed to mean that MWPAI has authority to grant any right or license on behalf of any third party.

Unrestricted forums

MWPAI at times may provide unrestricted forums on the MWPAI website for the exchange of ideas and information by participants. MWPAI does not edit or control the information, materials, or modifications posted to, or distributed through, the forums. By posting or distributing information, materials, or modifications through the forums, you expressly abandon any proprietary rights you may have therein, and you agree that such information, materials, or modifications may be freely used, copied, and distributed by others, without your permission, in any medium throughout the world. To the extent you wish to post or distribute information, materials, or modifications to the MWPAI website that you do not own, MWPAI requires you to obtain any necessary permissions from the third-party owners before doing so. You acknowledge and agree that you will not upload, distribute, or otherwise post any information, materials, or modifications to the MWPAI website that is libelous, defamatory, threatening, abusive, unlawful, or that encourages a criminal offense; 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; infringes the copyright or other proprietary rights of any third party; or contains any advertising, promotional, or solicitation material.

Reviews and comments

You may have an opportunity to comment on or provide reviews of products purchased from MWPAI. By submitting any such comments or reviews (the “Comments”) you hereby grant to MWPAI a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, reference, store, cache, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, make publicly available and otherwise exploit such Comments on and through third-party distribution channels selected by, but not affiliated with, MWPAI, in any form, medium or technology now known or later developed, in whole or in part, for any purpose, including for both commercial and non-commercial purposes. You acknowledge and agree that you are solely responsible for all of the Comments that you make available. Accordingly, you represent and warrant that: (i) you are either the sole and exclusive owner of all Comments or you have all rights, licenses, permissions, consents, and releases that are necessary to grant to MWPAI the rights in such Comments, as contemplated herein; and (ii) neither the Comments nor your posting, uploading, publication, submission or transmittal of the Comments or MWPAI’s use of the Comments (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

MWPAI may use your Comments for a variety of purposes (see above), including for purposes of clarity and not limitation, inclusion on the Website, in advertisements and emails, and may include your first name and last initial as well as your Comment (or excerpted portions thereof).

Digital Millennium Copyright Agent

MWPAI respects the intellectual property of others and asks users of the MWPAI website to do the same. MWPAI may, in appropriate circumstances and at its discretion, take reasonable steps to disable and/or terminate access to the MWPAI website of users who may be repeat infringers of copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information to MWPAI’s Copyright Agent:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the MWPAI website;
4. your address, telephone number, and email address;
5. 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;
6. 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 Museum’s agent for notice of claims of copyright infringement can be reached as follows:

By mail:
Copyright Agent, Munson-Williams-Proctor Arts Institute. 310 Genesee Street, Utica, New York 13502
By email:
DMCA_AGENT@MWPAI.org
By telephone:
(315)797-0000

Submissions

Any communication or material you post, transmit, or distribute to the MWPAI website by electronic mail or otherwise, including any data or other content, questions, comments, suggestions, or the like, is and will be treated as, non-confidential and nonproprietary. Anything you transmit or post may be used by MWPAI or its affiliates for any purpose, including but not limited to, reproduction, disclosure (to law enforcement entities or others), transmission, publication, broadcast, and posting. Furthermore, MWPAI is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the MWPAI website for any purpose whatsoever including but not limited to, developing, manufacturing, and marketing products using such information.

Warranty and indemnification

By using the MWPAI website in any manner, you represent and warrant that your use will be consistent with these Terms and Conditions, including Fair Use. You agree to indemnify, defend, and hold MWPAI, its affiliates, trustees, directors, officers, employees, or agents harmless from all claims, causes, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of the MWPAI website.

DISCLAIMER OF WARRANTIES

MWPAI PROVIDES THE SITE ON AN “AS IS” BASIS. YOUR USE OF THE SITE, CONTENT, AND COMPILATION IS AT YOUR OWN RISK. MWPAI DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COPYRIGHT OWNERSHIP AND/OR NON-INFRINGEMENT OF COPYRIGHTS OR OTHER THIRD PARTY PROPRIETARY RIGHTS. MWPAI DOES NOT WARRANT THAT THE SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. MWPAI MAKES REASONABLE, ONGOING EFFORTS TO REVISE AND UPDATE THE SITE, BUT ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE SITE. MWPAI ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE REPRODUCTION OF THE CONTENT OR COMPILATION.

LIMITATION OF LIABILITY

NEITHER MWPAI, ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO YOUR USE OF THE SITE, CONTENT, AND/OR COMPILATION.

Severance and waiver

You acknowledge and agree that in the event any provision of these Terms and Conditions shall be held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, in any respect, the validity, legality, and/or enforceability of the remaining terms and conditions contained herein shall not in any way be affected or impaired thereby. In such event, the parties agree that such invalid term(s) or condition(s) shall be validly reformed by the court to as near approximate the intent of the parties as reflected in the provision, and if unreformable, shall be severed and deleted from these Terms and Conditions. MWPAI’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless agreed to in writing by MWPAI.

Venue and choice of law

These Terms and Conditions and any counterparts, amendments, or revisions thereto shall be governed and construed in accordance with the laws of the State of New York, without regard to principles of conflicts of laws. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to this Agreement shall be brought in by Federal or State court located in Oneida County and the State of New York, and the parties hereby waive any objection that they may have to personal jurisdiction in these courts.

Entire agreement

These Terms and Conditions are the complete statement of the agreement of the parties with respect to the subject hereof and supersede all prior agreements and understandings between the parties hereto with respect to the subject hereof. In order to be binding, any amendment or modification of this Agreement must be effected by an instrument in writing signed by the parties.