Terms and Conditions

The Foundation retains all rights, including copyright, in all artworks by Willem de Kooning.  Copyright and other proprietary rights in other website content may, however, be held by individuals or entities other than the Foundation.


By downloading, printing, or otherwise using the materials (text, images, photographs, data, and other files or content) on this website (collectively, the “Materials”), users agree to the following terms and conditions.


All Materials are provided “as is” 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 ownership, and/or non-infringement of other third party proprietary rights.  Artworks by Willem de Kooning and other Materials in which the Foundation holds copyright are made available for limited non-commercial, educational, and personal use or for fair use as defined in the United States copyright laws; permission for all publication and commercial uses (including scholarly journals) must be cleared through the Artists Rights Society (ARS) (http://www.arsny.com) (for artworks by de Kooning) and through the Foundation directly (for all other such Materials).  Materials in which the Foundation does not hold copyright – for example, some photographs may be under copyright by the photographer or the photographer’s heirs – may not be copied, downloaded, or otherwise used in any form without prior permission from the holder of the underlying copyright.  In some instances the caption may provide information about the copyright status of the Materials in question, but please feel free to contact the Foundation directly with any questions regarding the status of any particular Materials.


The Foundation assumes no responsibility, and shall not be liable for, any damages to or viruses that may infect a user’s computer equipment or other property resulting from use of this website or downloading of any Materials.


Neither the Foundation nor its 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 the Foundation has been advised of the possibility of such damages) arising from or related to use of this website or Materials.


The user agrees to indemnify, defend, and hold the Foundation and its directors, officers, agents, and employees harmless from all claims, causes, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to the user’s use or operation of this website or any Materials.


These Terms and Conditions incorporate by reference any notices elsewhere on the website and constitute the entire agreement regarding user access to the Materials.  If any provision of these Terms and Conditions is deemed unlawful, void, or unenforceable, that provision will be severable from the remaining provisions and will not affect their validity and enforceability. The Foundation’s failure to enforce a provision on any occasion shall not be construed as a waiver of such provision.  These Terms and Conditions shall be governed and construed in accordance with laws of the State of New York, without regard to principles of conflicts of laws. Any dispute arising out of, in connection with, or related to the use of this website or the Materials shall be brought in any Federal or State court located in New York County, and the user waives any objection that they may have to personal jurisdiction in these courts.