Privacy Policy and Terms of Use

Works Modern is committed to protecting your privacy when you visit our websites worksmodern.com and worksmodern.shop (collectively referred to as the “Works Modern website”). By using the Works Modern website, you agree to be bound by the terms and conditions of Works Modern’s Privacy Policy and Terms of Use. The Works Modern Privacy Policy is outlined below. A link to this policy is provided in the footer information on every page of the Works Modern website. View the Terms of Use.

Our Policy on collecting information on the Works Modern Website

Online retail purchases

When you order a product from the Works Modern Shop online, we need to know your name, billing and shipping addresses, telephone number, email address, and credit card information to process your order. Your credit card information will be sent to our third-party payment card processors and service providers to perform fraud detection and payment processing services. If your purchase is rejected by our website because it was detected as a possible fraudulent use of a payment card, and you are in fact the authorized user of the card, you can contact our third-party payment card processor and service provider customer support. If you are still unable to complete your purchase contact us at [email protected] or call (208) 555-5555 for the issue to be evaluated and resolved. We do not store credit card numbers. If you choose to have your payment information saved for future purchases, we will retain payment information using tokenization technology for enhanced security. We will retain your other personally identifiable information for our records, in order to facilitate better customer service, and to inform you of our products and promotional offers.

Children 12 and under

Works Modern does not solicit personal information from children. Visitors 12 years of age and under should remember that they are required to obtain an adult’s permission before submitting any personal information to this or any other website.

Works Modern newsletter

Works Modern may offer visitors to the Works Modern website the opportunity to subscribe to our online newsletter, a service hosted by a third-party contractor that has agreed to use the email address you provide only to send our newsletters to you. You may subscribe or unsubscribe at any time by following the instructions on our newsletters.

Emailing Works Modern

If you send an email to Works Modern, your message and email address may be saved and we may send you emails in order to respond to your message. Any material, business information, ideas, concepts, or other information sent to Works Modern by email will be treated as non-confidential and non-proprietary. We will only use the information provided in your email and your email address to improve the Works Modern website, services, and products, and to fulfill or respond to your requests for products, services, or information.

Site usage information

As is the case with many websites, our servers automatically collect your IP address when you visit our website, and we may associate that with your domain name or that of your Internet access provider. We may also capture certain “clickstream data” pertaining to your website usage. Clickstream data includes, for example, information about your computer or device, Web browser and operating system and their settings, the referring page that linked you to the website, the pages or content you see or click on during your visit and when and for how long you do so, items you download, transactions you complete, and any search terms you have entered on the Works Modern website.

Among other things, this information enables us to generate analytics reports on the usage of our website. We may use Google Analytics and/or Google Tag Manager to do this. To opt out of your Works Modern website usage being included in our Google Analytics reports, you may follow the instructions at https://tools.google.com/dlpage/gaoptout.

In addition, we may deploy various tracking technologies on the website to collect additional information about your website visits. For example, the Works Modern website uses technologies such as “cookies” and “pixel tags” to improve the functioning of the site and your experience and to learn how visitors are using our website. Cookies are small data files that are automatically sent to your browser from a Web server and stored on your computer’s hard drive. Cookies enable us to remember what items are in your shopping cart, and to personalize your experience. Pixel tags are tiny graphical images embedded in emails or webpages. Pixel tags are used to determine what parts of a website a visitor has viewed, or whether an email was successfully opened. These technologies are used to gather information to analyze traffic to the Works Modern website, to improve our content and navigation, to enhance our marketing efforts, to personalize your experience, and to provide online display advertising and/or offline communications tailored to your interests based on your online behavior. Google Analytics’ cookies expire 24 months after being set.

Works Modern may also work with third-party analytics and marketing entities that use technologies such as cookies and pixel tags on our behalf. For details, see Use of third-party service providers.

Third-party ad servers and networks

We do not use third-party ad-serving companies such as Google Ad Manager, Facebook, Instagram, and Xaxis to serve ads when you visit our website and elsewhere online.

Social media

We maintain a presence on several social networking platforms, such as Facebook and Instagram (Meta), Twitter and Pinterest, and we also may incorporate some third-party social networking features onto our website. Through these platforms and features, we receive some personal information and some usage information about you, and this Privacy Policy applies to that information as well. In addition, these third-party social networking platforms have their own privacy policies, which explain how the third parties that provide them will use and protect your information. The information we receive from third parties may depend on the privacy settings you have on the third-party platform

Do-not-track disclosures

Some Web browsers may transmit “do-not-track” (DNT) signals to the websites with which the user communicates. Because of differences in how Web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. We currently do not change our tracking practices (which are explained in more detail under “Site usage information” above) in response to DNT settings in your Web browser.

Our third-party partners, such as Web analytics companies and/or third-party ad networks, collect information about your online activities over time and across our website and other online properties. These third parties may not change their tracking practices in response to DNT settings in your Web browser, and we do not obligate these parties to honor DNT settings. We may utilize Google Analytics for our Web analytics, and you can opt out of your Works Modern website usage data being included in our Google Analytics reports by visiting https://tools.google.com/dlpage/gaoptout.

Our policy on the use and disclosure of the information we collect on the Works Modern website and elsewhere

Works Modern uses the personal information you provide to us for internal purposes, such as completing and tracking your transactions, analyzing trends, and collecting statistics. Works Modern may also compile and provide aggregate statistics about our visitors, customers, sales, traffic patterns, and related site information to third parties, but these statistics will not include any personally identifying information.

We will never share personal information and transaction history of our customers with third-party data analytics firms that combine it with information received from other organizations and businesses and derive and report to us, and to other organizations and businesses, recommendations regarding marketing initiatives, such as information about individuals’ contact information and likelihood to purchase products.

Works Modern may release account information when such release is reasonably necessary to comply with the law; enforce the terms of any of our user agreements; or protect the rights, property, and safety of Works Modern, the users of its site, or others.

If you have provided us with your email address, we may send you emails in order to alert you to information, events, activities, or programs at or related to Works Modern that we believe may be of interest to you, or to alert you about sales or other promotional events at the Works Modern Shop online. If you do not want us to use your email address to contact you for these purposes, you may send an email message containing your name and email address to [email protected].

We may combine information you give to us online, offline, in our store, or through our catalogs. We may also combine or supplement this information with publicly available information and additional information we receive from or have cross-referenced with our third-party vendors and others. We use this combined information to enhance and personalize your shopping experience with us; to communicate with you about products, exhibitions, or events that may be of interest to you; or for other promotional store-related purposes.

Your California privacy rights

California’s “Shine the Light” law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about the businesses’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. Alternately, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties’ direct marketing purposes if the customer has exercised an option to opt out of such information-sharing. As discussed above, if you wish to opt out of our sharing of your information with third parties for the third parties’ direct marketing purposes, please contact us at [email protected].

Use of third-party service providers

From time to time, Works Modern may retain qualified third-party service providers to help us manage the Works Modern website and allow us to better serve our visitors, customers and others who contact us. We also engage third-party vendors to analyze the information we collect on the Works Modern website and through other resources for marketing or similar purposes. We also use third-party service providers to process your payment transactions and detect possible fraudulent use of a payment card. These service providers receive the information you enter into our website, and information about your payment card, purchase, mobile device, computer, software and their location, for fraud detection purposes. By submitting your information to make a purchase, you agree to this. Works Modern requires its vendors to maintain the security of the information to which they are provided access and restricts the vendors from using the information in any way not expressly authorized by Works Modern.

We may contract with third parties who use cookies, clear gifs, device fingerprinting, and other online tracking technologies to collect information on our behalf. These parties are required to maintain the confidentiality of this information. If you would like to opt out of this use of your information, you can change the preferences of your browser so that it does not accept cookies. We may contract with companies or others to provide certain services, including data management, promotional services, etc. We provide these service providers with the information they need to perform these services, but we restrict the vendors from using the information in any way not expressly authorized by Works Modern.

Linking

Please be aware that the Works Modern website may contain links to other sites operated by third parties over which we have no control. Once you leave the Works Modern website, the Works Modern Privacy Policy will not apply, and you access such sites at your own risk.

Different rules may apply to their collection, use, or disclosure of your personal information. We encourage you to review other websites’ policies before revealing any personally identifiable or sensitive information. Works Modern does not control, and is thus not responsible for, the content or privacy practices and policies of such other sites and under no circumstances shall we have any liability whatsoever for the activities conducted by or at any website accessed from or through the Works Modern website.

Security

The Works Modern website uses various measures designed to secure information. However, there is no such thing as 100% security. If you prefer, you may also place a Works Modern order by phone at (208) 555-5555.

It is important for you to protect yourself against unauthorized access to your password and to your computer.

Be sure to use a known and trusted secure connection, such as a virtual private network (VPN), and to log off when finished using a shared computer. You should be aware that there is always some risk involved in transmitting information over the Internet. There is also some risk that others could find a way to thwart our security systems. As a result, while we strive to protect your information, we cannot ensure or warrant the security and privacy of any information you transmit to us, and you do so at your own risk.

Please be advised that when placing an online order through the Works Modern online store, your personal data will be protected in accordance with United States law, which may not require the same level of protection as is legally required in other countries, such as countries in the European Union.

Revisions to our privacy policy

Please note that Works Modern may revise its privacy policy at any time, without notice, such changes to be effective immediately upon posting on the Works Modern website. Such revisions may arise in response to changes in the law, policy, or other factors. We encourage you to periodically visit this page to review our most current policy. In some cases (for example, if we significantly expand our use or sharing of your personal information) we may also tell you about changes by additional means, such as by sending an email to the email address we have on file for you. In some cases, we may request your consent to the changes.

Contact Works Modern

Send your questions, comments, or concerns about our privacy policy or any other aspect of our website to [email protected].

Last update: July 12, 2022

Terms of use

Acceptance of Terms and Conditions

Works Modern, LLC (“Works Modern”) provides this website (worksmodern.com) and the Online Store (worksmodern.shop) (together, the “Works Modern website”) a privately held limited liability corporation and first Modern Art Organization in support of its mission to further the understanding, appreciation and value of modern art by the public. BY ACCESSING THE WORKS MODERN WEBSITE, YOU ACCEPT WITHOUT LIMITATION OR QUALIFICATION THESE TERMS AND CONDITIONS (the “Terms and Conditions”). WORKS MODERN 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 WORKS MODERN WEBSITE NOW AND REFRAIN FROM FURTHER USE.

Protection of privacy

Works Modern 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 Works Modern website is governed by Works Modern’s Privacy Policy. Please note that the Works Modern website is not specifically dedicated to children and Works Modern 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 Works Modern website.

Trademarks

The names, titles, trademarks, service marks, and logos that appear on the Works Modern website are registered and unregistered marks of Works Modern, including but not limited to Works Modern, Works Modern McCall, Modern Art Organization and Works Modern Shop (“Works Modern Trademarks”). You may not use the Works Modern Trademarks without Works Modern’s prior, written permission.

The trademarks of third parties may also appear on the Works Modern 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 Works Modern website grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of the Works Modern Trademarks or may be construed to mean that Works Modern 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 Works Modern website are protected by copyright laws and may be covered by other restrictions including for example, rights of privacy and publicity, as well. Works Modern 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, Works Modern. Works Modern 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. Users who wish to download or print text, audio, video, image and other files from Works Modern’s website for such uses are welcome to do so without Works Modern’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.worksmodern.com.”

By downloading, printing, or otherwise using text, audio, video, image and other files from the Works Modern 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 Works Modern’s or any other party’s proprietary rights.

Commercial use is prohibited

Unauthorized downloading, publication or exploitation of Work Modern’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 Works Modern’s collection should be addressed directly to Works Modern LLC, Commercial Use Agent, at PO Box 208, McCall, Idaho 83638. Telephone (208) 555-5555, [email protected].

Reservation of rights

All rights not expressly granted by Works Modern herein are specifically and completely reserved. Nothing on the Works Modern 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 Works Modern has authority to grant any right or license on behalf of any third party.

Digital millennium Copyright Agent

Works Modern respects the intellectual property of others, and asks users of the Works Modern website to do the same. Works Modern may, in appropriate circumstances and at its discretion, take reasonable steps to disable and/or terminate access to the Works Modern 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 Works Modern’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 Works Modern 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. Works Modern’s agent for notice of claims of copyright infringement can be reached as follows:

By mail:

Works Modern, Copyright Agent, PO Box 208, McCall, Idaho 83638

By email:

[email protected]

Submissions

Any communication or material you post, transmit, or distribute to the Works Modern website by electronic mail or otherwise, or any communication or material you post, transmit or distribute in any virtual or online Works Modern event or program, including any data or other content, questions, comments, suggestions, or the like, is and will be treated as, non-confidential and non-proprietary. Anything you so transmit or post may be used by Works Modern 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, Works Modern is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Works Modern website or submit in any virtual or online Works Modern event or program for any purpose whatsoever including but not limited to, developing, manufacturing, and marketing products using such information.

Warranty and indemnification

By using the Works Modern 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 Works Modern LLC, 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 Works Modern website.

DISCLAIMER OF WARRANTIES

WORKS MODERN PROVIDES THE SITE ON AN “AS IS” BASIS. YOUR USE OF THE SITE, CONTENT, AND COMPILATION IS AT YOUR OWN RISK. WORKS MODERN 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 NONINFRINGEMENT OF COPYRIGHTS OR OTHER THIRD PARTY PROPRIETARY RIGHTS. WORKS MODERN DOES NOT WARRANT THAT THE SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. WORKS MODERN 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. WORKS MODERN ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES 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 WORKS MODERN, 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. Works Modern’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 Works Modern.

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 Idaho, 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 a Federal or State court located in Valley County and the State of Idaho, 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.

Last update: July 12, 2022