Privacy Policy

Last Updated: October 27, 2023

The Roy Lichtenstein Foundation (referred to in this policy as “RLF”, the “Foundation”, “we”, “our” or “us”) respects your privacy and is committed to protecting it through our compliance with this Privacy Policy.  This Privacy Policy describes how we collect, use, protect and disclose information collected about individuals located in the United States (referred to in this policy as “you” or the “user”) who (i) visit or engage with us via the Foundation website available at https://lichtensteinfoundation.org (the “Site”) or (ii) visit, engage with us or create an account through, or otherwise use, our digital publication “Roy Lichtenstein: A Catalogue Raisonné” located at https://www.lichtensteincatalogue.org/ (the “Catalogue Raisonné” and together with the Site, collectively, the “Sites”).  This Privacy Policy is incorporated into and is subject to our Terms and Conditions (the “Terms”).

This Privacy Policy only applies to information collected via the Sites and is not intended to fully describe the Foundation’s privacy practices.  It does not, for example, apply to information collected offline or through any website operated by any third party, even if such website is linked to or accessible from our Sites.  By visiting or providing information through the Sites, including the creation of an account in connection with the Catalogue Raisonné, you consent to the privacy practices described in this Privacy Policy.  Please read this Privacy Policy in its entirety.  If you do not agree with the terms of this Privacy Policy, please do not use our Sites or create an Catalogue Raisonné account.

1. What Categories of Personal Information Do We Collect?

We collect, process and maintain several types of information, some of which may constitute Personal Information, from and about users of the Sites.  “Personal Information” means any information that identifies, relates to, describes, is reasonably capable of being associated with or could reasonably be linked, directly or indirectly, with a particular person, but does not include any information that is publicly available or that is aggregated or de-identified (as such terms are defined under applicable data protection laws).

The types of Personal Information we collect depends on how you choose to interact with our Sites.  For instance, if you choose to create an account in connection with the Catalogue Raisonné to bookmark artworks and store personal notes, we will need different information than if you simply visit our Sites for informational or educational purposes. As a general matter, we may collect the following categories of Personal Information about you in connection with your use of our Sites, only when you voluntarily choose to provide them to us, including:

  • Identifiers, such as your name, email address, organization name, or other similar identifiers;
  • Any other Personal Information provided by you, including any Personal Information you include in the notes that you provide for storage by us in connection with your use of the Catalogue Raisonné.

Additionally, we may automatically collect certain information about you through online technologies when you visit our Sites that may also constitute Personal Information; such information may include:

  • IP address or other device address or ID;
  • The type of browser, operating system or equipment used to access our Sites;
  • Usage details, such as the date and time you visited our Sites, the Internet address of the site from which you linked to our Sites, the links you follow from our Sites and the reading history and other analytics related to how you use and view the content we have provided via our Sites; and
  • General activity information as part of our and our Service Providers’ (as defined below) fraud-prevention programs.

2. From What Sources Do We Collect Personal Information?

A. Information you provide:

We collect the Personal Information you voluntarily choose to provide through the Sites, such as when you register for an account, bookmark artworks, provide notes for storage by us in connection with your use of the Catalogue Raisonné or contact us or request information about us or our Sites (whether by email or other means).

B. Information we automatically collect:

When you visit our Sites, or use a third-party website that interacts with our Sites, we may automatically receive and record certain information from your computer, web browser or mobile device that may constitute Personal Information (as further described above).

For example, when you use our Sites, we may send one or more cookies (which are small text files containing a string of alphanumeric characters) to your computer or mobile device to recognize your web browser, help analyze our web page flow, customize our content, measure promotional effectiveness and/or promote trust and safety.  We may also use Google Analytics or a similar service that uses cookies to help us analyze how users access and use our Sites.  That use may be subject to the Google Analytics Terms of Use and Google Privacy Policy.  Please click here for more information about how Google uses information from sites or apps that use their services.

Please note that if your browser permits, you may configure your browser to refuse or delete cookies, or to alert you when cookies are being sent.  Please consult the corresponding instructions of the manufacturer for more detailed information on the actual procedure. If you choose to turn off cookies, however, some parts of our Sites may not function properly.  Even if you block or delete cookies, not all of the tracking that we have described in this Privacy Policy will stop.

Do Not Track Disclosure.  Third parties such as advertising networks, analytics providers and widget providers may collect information, including Personal Information, about your online activities over time and across different websites when you access or use our services.   Currently, various browsers offer a “Do Not Track” option, but there is no standard for how “Do Not Track” should work on commercial websites.  Due to lack of such standards, our Sites do not respond to “Do Not Track” consumer browser settings.

3. How Do We Use the Personal Information We Collect?

We may use the Personal Information we collect about you for the following purposes:

  • To administer and maintain your Catalogue Raisonné account, including storing the notes that you provide in connection with your bookmarked artworks and making such notes accessible to you.
  • To provide you with information you request from us or to fulfill any other purposes for which you provide such information.
  • To contact you for administrative purposes such as account recovery or to notify you of changes to our Sites, our policies or our services.
  • To: (a) personalize our services, such as your information so that you will not have to re-enter it during your visit or the next time you visit our Sites and/or (b) improve our services, including to detect and improve fraud detection and information security.
  • For any other purpose for which we have your express consent.
  • For any other purpose we may describe to you when you provide such information.

Additionally, we or our Service Providers (as defined below) may use non-identifying information (including aggregated data) about your use of our Sites to understand and analyze the usage metrics and trends and preferences of our users, to monitor, analyze the effectiveness of or otherwise improve our Sites, and to improve fraud detection and information security, without restriction.

4. To Whom and For What Purpose Do We Disclose Your Personal Information?

We may disclose Personal Information that we collect or you provide as described in this Privacy Policy (whether directly or automatically) to the following categories of third parties for the enumerated processing activities:

  • To our third-party service providers, including website operators, analytics providers, hosting providers and other third-party service providers (the foregoing “Service Providers”), to provide website development, hosting, data storage, maintenance, legal, advisory and other services for us.
  • To third parties as permitted or required to do so by applicable law or regulation or in the good-faith belief that such action is necessary to take precautions against liability; to comply with various reporting obligations; to protect ourselves and our other users from fraudulent, abusive, or unlawful uses or activity; to protect the security or integrity of the Site; to investigate and defend ourselves against any third-party claims or allegations; to assist government enforcement agencies; to comply with state and federal laws; or in response to a court order, judicial or other government subpoena or warrant.
  • To a buyer or other successor in the event of a divestiture, merger, consolidation, or asset sale, whether as a going concern or in the unlikely event of a bankruptcy or similar proceeding.
  • To any other third party in any way we may describe to you when you provide such information, to fulfill any other purposes for which you provide such information or for any other purpose with your consent or at your direction.

Additionally, we may disclose aggregated information about our users, and information that cannot independently be used to identify any individual, without restriction.

5. Your Choices.

  • You may, of course, decline to share certain information with us, in which case we may not be able to provide to you some of the features and functionality of our Sites. For example, the Catalogue Raisonné can be accessed without creating an account; however, unless you create a Catalogue Raisonné account and provide the required Personal Information, you will not be able to bookmark artworks or store notes for your later access or use.
  • Once you have registered for a Catalogue Raisonné account, you may update, correct, or delete your account information and preferences at any time by contacting [email protected].

Your Privacy Rights under the California Shine the Light Law: California Civil Code Section 1798.83, (“Shine the Light Law”) permits California residents to opt out of the disclosure of their personally identifiable information to third parties for marketing purposes at any time.  Please note that we do not disclose your personally identifiable information to third parties for marketing purposes, so no opt-out is needed.

6. Our Commitment to Children’s Privacy.

Protecting the privacy of young children and minors is especially important.  For that reason, we do not allow children under 13 years of age to use our Sites, we do not knowingly collect or maintain information from persons under 13 years of age, and no part of our Sites are directed to persons under 13 years of age.  If you are under 13 years of age, then please do not use or access our Sites at any time or in any manner.

If you discover that a child under 13 years of age has provided us with information, please alert us at [email protected].

7. Our Commitment to Data Security.

We use certain safeguards that are designed to protect the integrity and security of your Personal Information; however, no security measures are perfect or impenetrable, so we cannot ensure or warrant the security of any information you transmit to us through our Sites, and you do so at your own risk.  You are also responsible for keeping your Personal Information secure.  We also cannot guarantee that your information will not be accessed, disclosed, altered, or destroyed by breach of any of our safeguards.  We are not responsible for circumvention of any privacy settings or security measures contained on our Sites.  Even after removal, copies of information that you have posted may remain viewable in cached and archived pages or if other users have copied or stored such information.

Data Retention. Some features of our Sites allow you to provide content, such as personal notes on your bookmarked artwork in your Catalogue Raisonné account.  To the extent and for the period permitted by local law, all such content submitted to us or third parties in connection with your use of the Catalogue Raisonné, or our Sites generally, may be retained by us.

8. Visitors from Outside the United States.

Our Sites are controlled and operated by RLF in the United States.  If you choose to access our Sites from outside the United States, you acknowledge that you will be transferring your information, including Personal Information, outside of those regions into the United States for storage and processing, as necessary to provide to you the products and services available through our Sites.

9. Changes and Updates to this Privacy Policy.

We reserve the right to make changes to this Privacy Policy at any time.  If we make any material change to this Privacy Policy, we will post the updated Privacy Policy and indicate at the top of the Privacy Policy when it was last updated.  Please revisit this page periodically to stay aware of any changes to this Privacy Policy.  If you disagree with our Privacy Policy modifications, you may choose not to use or access our Sites.

10. Our Contact Information:

Please contact us with any questions or comments about this Privacy Policy by e-mail at [email protected].

Attn: Privacy
The Roy Lichtenstein Foundation
745 Washington St, New York, NY 10014

 

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Catalogue Terms & Conditions

These Terms and Conditions (“Terms”) set forth the terms and conditions of your use of the digital publication “Roy Lichtenstein: A Catalogue Raisonné”  (the “Catalogue Raisonné”) available at www.lichtensteincatalogue.org (the “Site”), a project of the Roy Lichtenstein Foundation (referred to as “RLF,” “us,” “we,” or “our”).

Please read these Terms carefully.  By accessing and using the Site, you agree to be bound by and comply with the Terms.  If you do not agree to these Terms, you may not access the Site or use any of the information or Content (as defined below) therein.

Reliance on Information Posted

The Content (as defined below) presented on or through the Site is made available solely for general information purposes.  We do not make any representation or warranty as to the accuracy, completeness or usefulness of this Content.  Any reliance you place on such Content is strictly at your own risk. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON THE CONTENT BY YOU OR ANY OTHER VISITOR TO THE SITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. 

The Catalogue Raisonné is subject to change.  RLF endeavored to make the Catalogue Raisonné as complete as possible as of the time of online publication.  As new information and images emerge regarding the works of Roy Lichtenstein, RLF will work to make updates to the Catalogue Raisonné.  

Inclusions in Catalogue Raisonné (or Lack Thereof)

Neither RLF nor the Estate of Roy Lichtenstein authenticates artworks, and the inclusion of an artwork in the Catalogue Raisonné does not serve as a warranty or guarantee of that artwork’s authenticity or provenance.  In addition, the fact that an artwork has not been included in the Catalogue Raisonné does not necessarily mean that such artwork is not by Roy Lichtenstein.

Copyright & Trademark

“ROY LICHTENSTEIN” is a federally registered trademark of the Estate of Roy Lichtenstein. All other trademarks and trade dress displayed in this website are trademarks and trade dress of the Estate of Roy Lichtenstein, RLF, or of their respective owners. “ROY LICHTENSTEIN” and other trademarks and trade dress used in the website may not be used as trademarks without the prior written authorization of the Estate of Roy Lichtenstein or the respective owners of the trademarks.

All of the content featured or displayed on the Site and in the Catalogue Raisonné, including, but not limited to, images of works of art by Roy Lichtenstein, text, photographs and other materials, as well as the selection and arrangement of materials in the Site (collectively, “Content”), is protected by copyright law and owned by the Estate of Roy Lichtenstein, RLF, or of their respective licensors. 

Except as expressly set forth in these Terms, nothing contained on the Site shall be construed as conferring any license or right to any copyright or trademark used on this Site.

Permitted Uses

Provided that you comply with these Terms, we grant you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable, non-sublicensable license to use this Site solely for your personal, non-commercial, educational and research purposes.  You may not make any other use of the Site or any of the Content without prior written permission from RLF or the entity(ies) or individual(s) RLF designates for purposes of granting or withholding the relevant permission(s).  To request such permission, please contact [email protected]. 

The images, text and source material in the Site may be protected by third-party copyright or trademark.  No license is granted to you under any such third-party rights.

Prohibited Uses

Notwithstanding the foregoing, you may not (i) download, or attempt to download, any reproduction or image of any work of art, (ii) remove or alter any copyright, trademark or other proprietary notices from any of the Content or (iii) modify, translate, decompile, create derivative work(s) of, copy, distribute, or otherwise use in any manner not expressly permitted herein, the Site.  Specifically, and by way of illustration and not limitation, you may not separate any graphics, photographs or other elements from the accompanying text or material in the Site without the prior express written permission of RLF and/or its licensor(s). 

You may not use the Site in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, extract, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.  

No Content accessed from the Site may be used to train artificial intelligence models or tools or otherwise for generating output or other content using artificial intelligence technologies, or to permit others to do the same.  

You further agree that you will not:

  1. Interfere with the proper functioning of the Site;
  2. Attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any RLF server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means; or
  3. Probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. 

Registered Users

If you are 18 years old or older, you may register to become a registered user (“Registered User”) and access the Site. You are responsible for all activity under your Registered User account.  You agree to provide accurate, current and complete information at all times, and to update it in a timely manner.  You may not transfer or otherwise do anything to give another person access to your Registered User account.  You must notify us immediately at [email protected] if you become aware that anyone has gained unauthorized access to your Registered User account.  You represent and warrant that all information you provide as a Registered User is accurate and complete.

We reserve the right, in our sole discretion, to suspend or terminate your registered access at any time if you have not complied with the Terms or for other reasons that we determine in good faith are necessary or appropriate, including if we suspect you are using or attempting to use the Site in any way that violates these Terms or any applicable laws or regulations.

Third-Party Content and Links to Third-Party Websites 

The Site may contain content of, or links to websites controlled by, third parties (“Third-Party Websites”).  We are not responsible for Third-Party Websites or their content, activities or privacy practices.  Any information you share or actions you take on Third-Party Websites are governed by those websites’ terms of use and privacy statements, which you should review carefully to learn about their practices.  The inclusion of third-party content or links to Third-Party Websites on our Site does not imply our endorsement of Third-Party Websites, their content, or any associated organization or activity.  We make no representation or warranty whatsoever about the nature of Third-Party Websites and if you decide to access any other websites linked to or from the Site, you do so entirely at your own risk.  WE ARE NOT RESPONSIBLE, OR LIABLE TO YOU OR ANY THIRD PARTY, FOR THE CONTENT OR ACCURACY OF ANY MATERIALS PROVIDED BY ANY THIRD PARTIES.

Frames; Metatags

Unless you obtain our prior written consent in each case, you may not: (A) frame any Content on any other website; or (B) use metatags or any other “hidden text” that incorporates the “ROY LICHTENSTEIN” trademarks, marks confusingly similar to our trademarks, or our name.

Additional Disclaimers

THE SITE, CONTENT, AND LINKS AVAILABLE THROUGH IT ARE AVAILABLE “AS IS” AND “AS AVAILABLE.”  WE DO NOT WARRANT THAT THE SITE OR ANY CONTENT AND LINKS AVAILABLE THROUGH IT WILL BE UNINTERRUPTED OR ERROR-FREE.  THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN CONTENT AVAILABLE ON THE SITE.  WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR NON-INFRINGEMENT OF ANY CONTENT AVAILABLE ON THE SITE OR CONTENT OR SERVICES AVAILABLE THROUGH LINKS TO THIRD-PARTY WEB SITES.  WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON THE SITE AND IN ITS CONTENT.  IF YOU RELY ON THE SITE AND ANY CONTENT AVAILABLE THROUGH IT, YOU DO SO ENTIRELY AT YOUR OWN RISK.

TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, RLF DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SITE AND ANY CONTENT OR INFORMATION THAT IS AVAILABLE THROUGH IT, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE HAS BEEN DISCLOSED).

ALTHOUGH RLF INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER MALICIOUS CODE TO THE SITE, RLF DOES NOT GUARANTEE OR WARRANT THAT THE SITE, OR CONTENT THAT MAY BE AVAILABLE THROUGH IT, ARE FREE FROM SUCH DESTRUCTIVE FEATURES.  RLF IS NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.

Limitation of Liability

RLF AND ITS AFFILIATES, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, VOLUNTEERS, AND ADVISORS, WHETHER IN SUCH CAPACITIES OR INDIVIDUALLY, AND THE HEIRS, SUCCESSORS AND ASSIGNS OF EACH OF THEM (TOGETHER, THE “COVERED PARTIES”) ARE NOT LIABLE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON LOSS OR INJURY BECAUSE OF ERRORS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES IN THE SITE OR ANY CONTENT AVAILABLE THROUGH IT, INCLUDING LOSS OR INJURY THAT RESULTS FROM YOUR BREACH OF ANY PROVISION OF THESE TERMS.

UNDER NO CIRCUMSTANCES WILL RLF OR THE COVERED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR CONTENT OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF RLF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  OUR AGGREGATE LIABILITY TO YOU FOR ANY USE OF, OR INABILITY TO USE, THE SITE OR CONTENT IS LIMITED TO $1000. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend and hold harmless RLF and the Covered Parties from and against all demands, loss, liability, claims or expenses (including attorneys’ fees) made against RLF and the Covered Parties arising out of your use of the Site, its Content, or violation of these Terms.

Infringing Material

RLF respects the intellectual property of others and expects users to do the same.  As to allegedly infringing copyrighted works, we comply with the take down and counter notification provisions of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C.A. § 512, as set forth below. 

We reserve the right to remove or disable access to any Content claimed to be infringing, at any time at our sole discretion, without notice or liability.  In appropriate circumstances, we will also terminate users of the Site who are repeat infringers.

If you believe that Content has been used in a way that constitutes copyright infringement, please provide our designated agent, whose contact information is listed below, with a written notice containing all of the following information (“DMCA Notice”):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the Content that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate such Content on our Site (such as the URL to each page on the Site containing allegedly infringing material);
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
  • a statement that you have a good faith belief that use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • a statement that the information in your notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our agent designated to receive DMCA Notices may be contacted as follows:

[email protected]

Changes to the Terms

RLF may change these Terms from time to time by posting an updated version on this web page, or, if we determine that it is appropriate, we may provide other notice to you.  Your continued use of the Site after we post updated Terms means that you accept and agree to such Terms.  We recommend checking back on this web page regularly if you use the Site.

Termination

We reserve the right to terminate the Site, these Terms, and any Content, and your access to the Site and/or the Content, at any time without notice, for any reason.  The “Reliance on Information Posted,” “Copyright & Trademark,” “Inclusions in Catalogue Raisonné (or Lack Thereof),” “Additional Disclaimers,” “Limitation of Liability,” “Indemnification,” and “Governing Law” sections of these Terms (along with this provision and any other provision that by its terms contemplates survival) survive any termination of these Terms.

Governing Law

These Terms are the complete agreement between you and RLF regarding your use of the Site and is governed by applicable federal laws and the laws of the State of New York applicable to agreements made and completely performed there.  Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction and venue of the United States District Court for the Southern District of New York located in the Borough of Manhattan in the City of New York or, only if such court does not have subject-matter jurisdiction, the Supreme Court of the State of New York, New York County.

You irrevocably agree to bring any claim or dispute relating to your use of the Site and these Terms exclusively in the state and federal courts located in New York, to submit to the exclusive jurisdiction of those courts, and to waive any jurisdictional, venue, inconvenient forum, or other objections to those courts.  

Other

Section titles and headings are for convenience only and have no legal or contractual effect.  The failure of RLF to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.  If a court of competent jurisdiction determines that any provision of these Terms is unenforceable for any reason, then that provision will be deleted and the remaining provisions of these Terms will be enforceable to the fullest extent permitted by law.

Questions

Please email [email protected] with any questions you may have about these Terms.

Accept Terms & Conditions