Terms of service


Welcome to the website of the Rochester Folk Art Guild, DBA The Folk Art Guild, (“The Guild”). The Rochester Folk Art Guild website ("Website") is provided to you under the following terms of use ("Terms of Use"). The Rochester Folk Art Guild may at any time revise these Terms of Use by updating this web page. By accessing, browsing or using the Website, you accept and agree to, without limitation or qualification, these Terms of Use (and any amendments). You are encouraged to visit this page from time to time to review the current Terms of Use.

Copyrights

The text, images, data, meta-data, audio and video clips, and other content on the Website ("materials") are protected by copyright and may be covered by other restrictions as well. The Rochester Folk Art Guild, and relevant third parties, own and expressly reserve all rights, including copyright, in whole and in part, throughout the world, in the materials on the Website. The Website, and the materials contained therein, may be used only as set forth in these Terms of Use or by obtaining explicit written permission from The Rochester Folk Art Guild and/or the relevant copyright or other rights holder. Any unauthorized use or modification of the materials on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, contract, and communications regulations and statutes and any other applicable laws. The Rochester Folk Art Guild expressly reserves all rights and remedies available under said law, regulations and statutes.

You may not distribute, modify, transmit, reuse, download, repost, copy, or use the contents of the Website for public or commercial purposes, or for personal gain, without the express prior written permission of George Eastman Museum. To learn more about how to request permission to use the contents on the Website, please see the section on "Obtaining Permission" below.

Fair Use

You may use this Website for limited noncommercial, educational, and personal use only, or for "fair use" as authorized in the United States copyright laws, and provided further that you also retain all copyright and other proprietary notices contained on the materials and cite the author and source of the materials. The Rochester Folk Art Guild neither warrants nor represents that your use of any materials displayed on the Website will not infringe its rights or the rights of third parties not owned by or affiliated with The Rochester Folk Art Guild. Material under copyright owned by a third party may not be used in any form and may not be copied or downloaded without permission from the holder of the underlying copyright.

Trademarks

The institutional names, exhibition names, and other trademarks, logos, and service marks (collectively, the "Trademarks") displayed on the Website, including “The Rochester Folk Art Guild,” and variations thereof, are registered and unregistered Trademarks of The Rochester Folk Art Guild. The Trademarks of third parties may also be displayed on this Website. Nothing contained on this Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Website without the prior written permission of The Rochester Folk Art Guild or such third party that may own the Trademarks displayed on the Website. Any unauthorized use of the Trademarks or any other materials, is strictly prohibited.

Obtaining Permission

Anyone wishing to use the materials from this Website for purposes other than as authorized herein must obtain prior written approval. Permission for such use may be granted on a case-by-case basis at the sole discretion of The Rochester Folk Art Guild or the appropriate rights holder. A usage fee may be charged depending on the nature of the proposed use. For images from other third parties reproduced on this Website, please contact the organization or individual credited in the image’s caption directly. For all other images on the Website, and for any text excerpts, contact the Website by e-mail, images@eastman.org.

Third-Party Sites

Some The Rochester Folk Art Guild web pages will contain links to third party websites. The linked sites are not under the control of The Rochester Folk Art Guild and The Rochester Folk Art Guild is not responsible for the contents of any linked website. These links are provided as a convenience only and should not be construed as an endorsement of, sponsorship of, or affiliation with the linked website by The Rochester Folk Art Guild. Under no circumstances shall The Rochester Folk Art Guild be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods or services available on such sites, or as a result of use of any information you provide to such sites. Any concerns regarding any external link should be directed to its respective site administrator or webmaster.

Postings on the Site

From time to time, you may have an opportunity to post information, images or other materials to the Website. You agree that you will comply with all requirements and procedures for posting on the Website. The Rochester Folk Art Guild does not endorse any opinions or recommendations posted or transmitted by you or others. Any materials posted or transmitted on the website are the responsibility of the person or persons posting the materials. It is strictly prohibited to post or transmit any unlawful, threatening, material or any material that could constitute conduct that would be considered a criminal offense, give rise to civil liability, a violation of privacy or publicity, or otherwise violate any law. The Rochester Folk Art Guild shall have the right, but not the obligation, to inspect, remove, refuse or delete any content for any reason whatsoever.

The Rochester Folk Art Guild is under no obligation to monitor or review discussions, chats, postings, transmissions, bulletin boards, or other similar materials on the website and assumes no responsibility or liability arising from such content or materials or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, danger, or inaccuracy contained in any information within such locations on the Website

Submissions

Any communications or material you transmit to the Website and/or to The Rochester Folk Art Guild domain by electronic mail or otherwise, including but not limited to any data, questions, comments, or suggestions will be treated as non-confidential and non-proprietary. Anything that you transmit or post may be used by The Rochester Folk Art Guild or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, The Rochester Folk Art Guild is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Website and/or to The Rochester Folk Art Guild's domain for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing such products using such information. These terms apply unless you have a prior, written agreement with The Rochester Folk Art Guild in which The Rochester Folk Art Guild agrees to different terms with respect to particular material, provided however that any communication or transmission made by electronic mail is non-confidential and non-proprietary. You also acknowledge and agree that The Rochester Folk Art Guild will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose information or materials in our possession.

Disclaimer of Warranties

The Rochester Folk Art Guild assumes no liability for any errors or omissions in the content of the Website. The Rochester Folk Art Guild is engaged in an ongoing process of updating and revising the materials on this Website and reserves the right to withdraw any image, text, or data from the Website at its sole discretion at any time. The Rochester Folk Art Guild assumes no liability for any damages or losses that may occur to you or any third party based on its actions. In the event that the Website is unavailable, either on a temporary or permanent basis, The Rochester Folk Art Guild assumes no liability for any losses that may occur to you or any third party arising out of the unavailability of the Website

All materials on the Website are provided "AS IS" and "AS AVAILABLE" WITHOUT A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, COPYRIGHT SUBSISTENCE, COPYRIGHT OWNERSHIP AND/OR NON-INFRINGEMENT OF COPYRIGHTS OR OTHER PROPRIETARY RIGHTS OF ANY THIRD PARTY. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS OR WILL CORRECTED.

The Rochester Folk Art Guild assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property resulting from your use of the Website or your downloading of any materials from the Website.

Limitation of Liability

THE ROCHESTER FOLK ART GUILD, ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS AND EMPLOYEES, AND OTHER AGENTS AND REPRESENTATIVES SHALL HAVE NO LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, COMPENSATORY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RELATING TO THE USE OF THIS WEBSITE. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.

Digital Millennium Copyright Act (DMCA)

For purposes of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. §512(c)(2), The Rochester Folk Art Guild has designated an agent for notification of claimed infringement as follows: The Rochester Folk Art Guild, Attn: President of the Board of Directors, 1445 Upper Hill Road, Middlesex, NY, 14507. The Rochester Folk Art Guild provides the above contract information for purposes of the DMCA only and reserves the right to respond only to correspondence that is relevant to this purpose.

Severance and Waiver

You acknowledge and agree that if any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Furthermore, if any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. The Rochester Folk Art Guild'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 acknowledged and agreed to in writing by The Rochester Folk Art Guild.

Choices of Law and Jurisdiction

The Terms of Use are governed by the laws of the State of New York without regard to its conflict of laws rules. Each party hereby irrevocably consents to exclusive jurisdiction of the state and federal courts located in Monroe County, New York.

Acceptance of Terms

By using this Website, you signify your acceptance of these Terms of Use. If you do not agree to these Terms of Use, please do not use our Website. Your continued use of any George Eastman Museum website following the posting of changes to these Terms of Use will indicate your acceptance of those changes.

Terms of Use statement last updated August 2024.

  • What terms apply to their use of the site and your services

  • Your sales, delivery, and return policies

  • Which payment methods are accepted

  • The rules for making public comments on your site, including that copyright infringement in comments is not allowed

  • That they can’t share links to protected Member Site assets, like images and videos

  • How to report copyright infringement

  • That your content is protected by copyright laws

  • That your content can’t be used for commercial purposes by others

  • What country’s laws will govern the terms