CAR Terms of Use

Acceptance of Terms of Use

The Commission for Art Recovery ("CAR") provides www.commartrecovery.org and its subdomains ("CAR website") in support of its charitable and educational mission to further the knowledge related to Nazi era art looting and restitution. By accessing the CAR website, you accept without limitation or qualification these Terms of Use (the "Terms of Use"). CAR may revise these Terms of Use at any time, which revisions shall bind you. If you do not wish to be bound by these Terms of Use, please exit the CAR website now and refrain from further use.

General

The CAR website and its content are made available only to provide information. CAR maintains the CAR website in New York, New York, and makes no representation that the CAR website or any content on or accessed through the CAR website are appropriate or available for use in other jurisdictions. It is your responsibility to ensure compliance with all applicable laws and regulations. You acknowledge and agree that these Terms of Use constitute the complete and exclusive agreement between us concerning your use of the CAR website, and supersede and govern all prior proposals, agreements, or other communications.

CAR may from time to time make changes to the Terms of Use and Privacy Policy. CAR will post such changes on the CAR website, whereupon they will become effective. As it may not always be possible to provide you with notice of changes, we suggest that you periodically consult this page to determine whether changes have been made. Your continued use of the CAR website constitutes your agreement to any such changes.

In the event that any provision of the Terms of Use shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms of Use unenforceable or invalid as a whole. CAR will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.

If you have any questions regarding these Terms of Use, please contact CAR by e-mail at [email protected].

Protection of Privacy

CAR 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 CAR website is governed by CAR's Privacy Policy. Please note that the CAR website is not specifically dedicated to children and personal information from children are not knowingly collected.

Scope and Reliability of Information

The information and other content contained in the CAR website is provided for general informational purposes only, may not reflect current legal developments, court decisions, or settlements, and should not be construed as advice, legal or otherwise, on any subject matter. No recipients of information or other content from the CAR website, members or otherwise, should act or refrain from acting on the basis of any such content without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney or other appropriate professional licensed in the recipient's jurisdiction. Neither the CAR website nor any content on or accessed through the CAR website shall be considered a replacement for your independent investigations and sound technical and business judgment; you should consult with a professional advisor familiar with your individual factual situation for advice or service concerning specific matters.

All Content is Protected by Intellectual Property Laws

Unless otherwise noted, CAR specifically retains all rights, including copyright or other intellectual property rights, that it may have in all content available on the CAR website (the "Content"), which Content may include but is not limited to text, data, photographs, images, graphics, audio and video files, and any compilation or arrangement thereof appearing on the CAR website. The Content may also be covered by other restrictions, including but not limited to rights of privacy and publicity.

Trademarks, logos, and service marks displayed on the CAR website (collectively, the "Trademarks") are trademarks of CAR, in the United States or other countries, and are protected by United States and international trademark laws, or are otherwise the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CAR.

CAR expressly prohibits the copying of any protected materials on the CAR website, except for the purposes of fair use as defined in the copyright laws, and as described below. It is your responsibility to determine and comply with copyright laws or other relevant laws when publishing or otherwise using materials obtained by CAR, including through the CAR website.

Digital Millennium Copyright Act (DMCA)

The CAR website is committed to complying with U.S. copyright and related laws, and requires all users of the CAR websites to comply with these laws. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 ("DMCA") to report alleged infringements. A copyright owner of any content should contact CAR immediately to report any concerns of infringement by providing notice to the CAR's Designated Agent as required by the DMCA, Title 17 U.S.C. § 512. If such notice is provided by email, please address it to [email protected]; if such notice is provided by mail, please address it to:
Commission for Art Recovery
767 Fifth Avenue, Suite 4200
New York, New York 10153
U.S.A.

Fair Use, Limited License and Prohibited Commercial Use

Fair use of copyrighted material, as defined in the United States copyright laws, includes the use of protected materials for noncommercial educational purposes, such as teaching, scholarship, research, commentary, and news reporting.

CAR grants you a limited, revocable, and non-exclusive license to access and make personal and/or noncommercial educational use of the CAR website. Please note that without prior written consent from CAR, you may not frame or utilize framing techniques to enclose any portion of the CAR website.

The limited license set forth herein does not include the right to: (i) copy, modify, distribute, or download, other than as expressly permitted, the CAR website or its Content (except caching or as necessary to view the Content); (ii) make any use of the CAR website or its Content other than for your personal informational and/or noncommercial educational purposes, and if applicable, for informational purposes for your employer or firm; (iii) create any derivative work based upon either the CAR website or its Content; or (iv) use any meta tags or any other "hidden text" utilizing the name or Trademarks of CAR without our express written consent.

Unauthorized downloading, publication or exploitation of CAR's files for commercial purposes, including not only commercial use but also the use on personal websites, is specifically prohibited. Anyone wishing to use any of these files or images for commercial use, use on personal websites, publication, or any purpose other than defined above, must request and receive prior permission. All requests to reproduce any information from CAR website should be addressed directly to [email protected].

A website that links to CAR website (i) may link to, but not replicate, the Content; (ii) may not imply that CAR is endorsing such website or its services or products; (iii) may not misrepresent its relationship with CAR. CAR may, in its sole discretion, request that you remove any link to the CAR website, and upon receipt of such request, you shall immediately remove such link.

Any permitted displays or printouts of the CAR website Content must be marked " © 2017 Commission for Art Recovery, Inc. All worldwide rights reserved." The citation should also include the URL "http://www.commartrecovery.org".

CAR does not warrant that use of any materials displayed on the CAR website will not infringe the rights of third parties not owned by or affiliated with CAR. For example, some works may be under copyright by the artist or the author, or their heirs holding rights to these works, or may include third-party trademarks or rights of publicity. In many instances the caption may offer more information about the rights status. Such works may not be used in any form; they may not be copied or downloaded without prior permission from the holder of the underlying rights.

Reservation of Rights

All rights not expressly granted by CAR herein are specifically and completely reserved. Nothing on the CAR website or in these Terms of Use 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 CAR has authority to grant any right or license on behalf of any third party.

Submissions

Any communication or material you submit to CAR through the CAR 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 submit may be used by CAR or its affiliates for any purpose, including but not limited to, disclosure (to law enforcement entities or others), transmission, publication and posting. Furthermore, CAR is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the CAR website for any purpose whatsoever including but not limited to, developing products using such information.

Warranty and Indemnification

By using the CAR website in any manner, you represent and warrant that your use will be consistent with these Terms of Use, including fair use. You agree to indemnify, defend, and hold CAR, 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 CAR website.

Disclaimer of Warranties

All materials on the CAR website provided "as is" and "as available." Your use of the CAR website, Content, and compilation is at your own risk. CAR expressly disclaims all liability in respect to actions taken or not taken based on any or all the Contents of CAR website. CAR disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of copyright ownership and/or non-infringement of copyrights or other third party proprietary rights. CAR does not warrant that the CAR website will provide continuous, prompt, secure, or error-free service. CAR makes reasonable, ongoing efforts to revise and update the CAR website, 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 CAR website. CAR assumes no responsibility, and shall not be liable for, any damages to, or viruses, which may affect, your computer equipment or other property arising from your use of the CAR website, including but not limited to the reproduction of the Content or compilation.

Limitation of Liability

Neither CAR, its affiliates, trustees, directors, officers, employees, agents, representatives, consultants, volunteers and interns shall have any liability for any damages, including without limitation, any direct, indirect, incidental, compensatory, punitive, special, or consequential damages (even if CAR has been advised of the possibility of such damages) arising from or related to your use of the CAR website, content, and/or compilation.

Entire agreement; Severance; Waiver

These Terms of Use incorporate by reference any notices on the CAR website and, together with the Privacy Policy and any end-user license agreements, constitute the entire agreement regarding user access to the CAR website. You acknowledge and agree that in the event any provision of these Terms of Use 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 of Use 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 of Use. CAR's failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision unless agreed to in writing by CAR.

Venue and Choice of Law

These Terms of Use 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 any Federal or State court located in New York County and the State of New York, and the parties hereby waive any objection that they may have to personal jurisdiction in these courts.

*Cases and Country Reports

In addition to the Terms of Use and Privacy Policy you may be advised that while CAR attempts to be as accurate as possible when describing individual cases and country reports, to the extent permitted by applicable law, CAR does not warrant that the content available on the CAR website is accurate, complete, reliable, current, or error-free. CAR relies on publicly available information, which are referenced as applicable. The translation of text, if provided, is for your information and does not warrant that the translation is accurate, complete, reliable or error-free.

CAR does not amend the content available on the CAR website based on personal correspondence and/or information, but it may choose, in its sole discretion, to include information provided from public sources as it is brought to the attention to CAR.

CAR does not necessarily endorse, and it not responsible for, any third-party content that may be accessed through the CAR website.