This website is owned by The Dorothy Krakovsky Trust, 5 Springwater, Irvine, California 92604 and the Trust has the legal right, by ownership or through license and/or permission from third parties, to display all of the text and/or images on the website.
This is an artist’s website. The rights to the images of the paintings as well as the text in the website, the software, and other materials on or used in connection with the website are protected by all applicable copyright and other laws and regulations and will be enforced by the Trust and/or by third parties who hold such copyrights and/or who have given the Trust permissive use of images to which they may be the copyright holder(s) or other rights holders. The Trust expressly prohibits the copying, use or exploitation in any manner of any materials on this website to the fullest extent provided by applicable law, except to the extent specifically agreed to by the Trust in writing by its authorized representative(s).
Those wishing to use or exploit any of the text or images on this website for commercial use, publication, or any other purpose except to the limited extent, if any, provided by applicable law, must request prior written permission from the Trust. All such requests should include the following information and be sent to the following email address:
Please provide the name, mailing address, email address, business website (if applicable), and telephone number of the person requesting use. If the requesting person is not an individual, such as an organization, trust, corporation or other entity, please provide the name of the person who is the chief officer or legal representative of such entity.
Quote or send a sample of the text from the website or the Catalog for which use is requested.
Identify the image(s) from the website or the Catalog for which use is requested.
State the purpose(s) for which use is requested and in what publication, event or other site the text or image(s) will be published/exhibited.
Please send the request to firstname.lastname@example.org with the heading “Request for Use or Images or Text”.
All rights not expressly granted by the Trust in writing to the requesting persons(s) are specifically and completely reserved. Nothing on this website should be interpreted to give away or grant to anyone or any third parties any right or license to use the content, including the text and images, contained in this website or in the website’s catalog.
Other than your private information, such as your name, business and mailing address, email address, personal or business website, and telephone number(s), any information you transmit to the Trust, including requests for notifications about events relating to the paintings, questions, posts, comments, or suggestions, will be treated as non-confidential and nonproprietary and the Trust may use this information and/or transmit this information for any purpose to third parties including but not limited to improving the website, improving methods for notifying users of event, and marketing events relating to the paintings or other uses.
The Trust offers viewers of this website the opportunity to ask to be notified of, or subscribe to receive, news of upcoming events such as exhibits, sales, or other information or writings relating to the paintings (collectively referred to as “events”). If you make such a request or subscribe to receive notification of such events, the Trust will make reasonable efforts to send you emails about these events, but mistakes do occur, and the Trust therefore does not and cannot guarantee that such emails and/or notifications will either be sent to you or, if sent, that you will receive such emails and/or notifications. By subscribing and/or requesting that the Trust notify you of such events, you agree that the Trust is not liable for, and agree to release the Trust from, any and all liability for actual and/or consequential damages resulting from: a) the Trust’s failure to send you such emails and/or notifications of events and/or; b) your failure to receive such notifications, even if sent to you by the Trust.
If you have subscribed and/or you no longer wish to receive notifications from the Trust, you may unsubscribe at any time by emailing the Trust at email@example.com with your contact information and the heading “Unsubscribe me”.
By using this website in any manner, you represent and warrant that your use will adhere at all times to these Terms and that you will indemnify, defend, and hold harmless the Trust, its Trustee, and all of the Trust’s agents or representatives of any kind (“Agents”) 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 Trust’s website including its contents.
USE OR ACCESS TO THIS WEBSITE IS ON AN “AS IS” BASIS AND SUBJECT TO THESE TERMS. YOUR USE OF THE SITE IS AT YOUR OWN RISK.
THE TRUST 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 NON-INFRINGEMENT OF COPYRIGHTS OR OTHER THIRD PARTY PROPRIETARY RIGHTS. THE TRUST DOES NOT WARRANT THAT THIS WEBSITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. THE TRUST WILL MAKE REASONABLE EFFORTS TO REVISE AND UPDATE THE WEBSITE, BUT ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT ANY PERSON OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE SITE. THE TRUST ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE TRUST’S WEBSITE.
THE TRUST AND ITS TRUSTEE AND ITS AGENTS SHALL HAVE NO LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF THE TRUST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO YOUR USE OF THE TRUST’S WEBSITE.
Your use of this website is subject to and governed exclusively by the laws of the State of California and United Stated law, as set forth above, regardless of: a) your residence in or out of the State of California or the United States b) the state in the United States or country outside of the United States where you view or use this website.
Furthermore, by your use of this website, you hereby waive any rights you may have, including but not limited to any rights of privacy, as well as any claims you may have against the Trust, which arise from or relate to: a) laws in states other than the state of California or b) laws outside the United States including but not limited to laws of the European Union, or any of its members, relating to privacy or other matters.
Any claim, case, controversy, suit, action, or proceeding arising out of, in connection with, or related to this website (collectively referred to as “any claim(s)” or “such claim(s)”) which you make against the Trust, whether for legal, equitable or other relief, including any claim(s) for compensatory, consequential and/or punitive damages, shall be governed and construed in accordance with the laws of the State of California and, if applicable, laws of the United States, without regard to principles of conflicts of laws.
Furthermore, any such claim(s), if not amicably resolved, shall be brought by you against the Trust exclusively through mandatory arbitration in and for the County of Los Angeles, California under the rules provisions of the American Arbitration Association (“AAA”), with the exception of any award of costs and attorney’s fees (see provision below). Nothing herein shall prevent the parties from attempting to resolve their dispute during arbitration or through the avenues for settlement provided for under the rules of the AAA.
Furthermore, by using this website, you waive the right, if any, to seek redress against the Trust for any such claim(s) through the California state and/or federal courts and understand and agree that the sole avenue for the adjudication of any such claim(s) will be through arbitration under the AAA, as set forth above, and that the decision of the arbitrator shall be final and binding and not subject to appeal or collateral attack, and you hereby waive any rights under any state statute which might otherwise grant you a right to appeal or to collaterally attack the arbitration award.
In any proceeding brought under the AAA against the Trust, as set forth above, each side shall bear its own costs and legal fees, regardless of which side prevails in the arbitration, irrespective of any contrary provision or rule under the American Arbitration Association. By using this website, you waive any provision in the rules of the AAA governing arbitration that might permit the arbitrator(s) to award a party his/her/its costs and/or attorney’s fees if that party prevails, in whole or in part. For example, even if you were to win an arbitration decision against the Trust under the AAA, in whole or in part, as set forth above, by using this website, you will have agreed to bear your own costs and attorney’s fees regardless of whether the rules of the American Arbitration Association might otherwise permit the arbitrator(s) to award you your costs and attorney’s fees in the arbitration.
Notwithstanding the above, the Trust in its sole discretion may bring a claim(s) against you which arises from, is related to, or connected to, your use of this website, in arbitration under the rules of the AAA in the county of Los Angeles, State of California, and by using this website, you consent to personal jurisdiction being asserted against you in the county of Los Angeles, California in any such arbitration proceeding brought by the Trust. In any such proceeding before the AAA, each side shall bear its own attorney’s fees, regardless of which side prevails, as set forth above.
Notice upon you of any claim in arbitration brought by the Trust under the AAA shall be sufficient if made by a “trackable” means of delivery such as Priority or Express US mail or other trackable courier (such as Federal Express, UPS, etc. ) by delivery to your residence or business mailing address, including the mailing address of any business which you own and/or operate, and/or by email, to the email address you have provided to the Trust, regardless of any rule in the AAA which might require notice to be served upon you in some other manner. Notice of a claim in arbitration brought by the Trust against you shall be deemed complete for purposes of the arbitration upon proof of delivery by either the trackable courier or by email.
Furthermore, to the extent you bring a claim against the Trust in arbitration, the bringing of any such claim shall subject you to personal jurisdiction in such arbitration proceeding for any and all counterclaims brought by the Trust against you. In any such counterclaim(s), the Trust and you shall bear their own costs and attorney’s fees regardless of who prevails in the arbitration proceeding, notwithstanding any provision or rule in the AAA which permits the arbitrator(s) to award a prevailing party his/her/its costs and/or attorney’s fees.
Regardless of whether the Trust brings a claim against you in arbitration, as set forth above, the Trust may, in its sole discretion, bring an action against you including any claim(s) for equitable or injunctive relief and/or damages, under any applicable state or federal law, including Copyright law and/or the Lanham Act, in any state or federal court of applicable jurisdiction.
In any such legal action brought by the Trust, each side shall bear its own costs and attorney’s fees, regardless of which side prevails in the action, regardless of any state or federal law which may award a party his/her/their costs and attorney’s fees if that party prevails in the action and, by your use of this website and you waive any such provisions under state or federal law which permits the award of costs and/or attorney’s fees to the successful party, in whole or in part.
Any legal claim(s) or dispute(s) against the Trust or regarding this website must be submitted in writing as follows:
By Recognized Trackable Courier only, including Priority and/or Express United States Mail, Federal Express, UPS, etc. to:
The Dorothy Krakovsky Trust
Irvine, CA 92604
By Email to:
All notices of any claims to the Trust, by mail or email, shall be deemed delivered only if accompanied by evidence of delivery.
© Copyright 2022. The Dorothy Krakovsky Trust. All Rights Reserved.