we will not display content to you on johnros.com and elsewhere, including advertisements and information about the studio’s programs and products based on personally identifiable information and website usage information collected online. we will also never share your personal information with third parties for third-party marketing purposes.
online retail purchases, memberships and donations
if you ever order a product from johnros.com 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. we do not store credit card numbers. 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.
child information policy
johnros.com does not knowingly 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.
the studio offers visitors to johnros.com the opportunity to subscribe to one or more of our online newsletters. you may subscribe or unsubscribe at any time by following the instructions on our newsletters.
if you send an email to johnros.com, 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 johnros.com 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 johnros.com, 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 johnros.com or a referral site.
among other things, this information enables us to generate analytics reports on the usage of our website. in addition, we may deploy various tracking technologies on the website to collect additional information about your website visits. for example, johnros.com uses technologies such as “cookies” 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. these technologies are used to gather information to analyze traffic to johnros.com, to improve our content and navigation, to enhance our marketing efforts, to personalize your experience, and to provide offline communications tailored to your interests.
we do not use social media.
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. outcomes may vary based on your web browser.
our policy on the use and disclosure of the information we collect
johnros.com uses the personal information you provide to us for internal purposes, such as completing and tracking your transactions, analyzing trends, and collecting statistics. moma 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, donors, and members 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 or to support nonprofit causes by making donations and purchasing or upgrading memberships.
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 the studio that we believe may be of interest to you, or to alert you about sales or other promotional events.
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. the studio will never disclose personal information of customers to third parties for the third parties’ direct marketing purposes.
third-party service providers
the studio may provide your information to third-party companies to perform services on our behalf, including payment processing, data analysis, email delivery, hosting services, customer care, and to assist in our marketing efforts. we will direct all such third-party service providers to maintain the confidentiality of the information disclosed to them and not to use your information for any purpose other than to provide services on the studio’s behalf.
linking to third-party sites
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. the studio 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 johnros.com.
johnros.com uses various measures designed to secure information. however, there is no such thing as 100% security. if you prefer, you may email us at studio |at| johnros |dot| com with a call request to complete any transactions over the phone.
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 and to log off any website 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, 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.
last update: 05 january 2023
acceptance of terms and conditions
john ros and j o h n r o s studio (the studio) provides this website (johnros.com) as an archive and research tool. by accessing johnros.com, you accept without limitation or qualification these terms and conditions (the “terms and conditions”). the studio 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 johnros.com now and refrain from further use.
protection of privacy
the names, titles, trademarks, service marks, and logos that appear on johnros.com are unregistered marks of the studio.
the trademarks of third parties may also appear on johnros.com from time to time; you may not use these trademarks without prior, written permission of their respective owners.
all content is protected by copyright laws
all images and writing created by john ros are licensed under the creative commons: attribution-noncommercial-sharealike 4.0 international. (cc by-nc-sa 4.0).
images, text, software, documentation, electronic text and image files, audio and video files and clips, and other materials on johnros.com are protected by copyright laws and may be covered by other restrictions including for example, rights of privacy and publicity, as well. the studio 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, the studio. the studio 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. unless otherwise noted, users who wish to download or print text, audio, video, image and other files from johnros.com for such uses are welcome to do so without the studio’s 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 “https://www.johnros.com.”
by downloading, printing, or otherwise using text, audio, video, image and other files from johnros.com, 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 the studio’s or any other party’s proprietary rights.
commercial use is prohibited
unauthorized downloading, publication or exploitation of the studio’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 should be addressed directly to studio |at| johnros |dot| com or by USPS to john ros, 43-01 22nd street #348, long island city ny 11101, us.
reservation of rights
all rights not expressly granted by the studio herein are specifically and completely reserved. nothing on johnros.com 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 the studio has authority to grant any right or license on behalf of any third party.
forums and discussions
the studio may provide unrestricted forums on johnros.com for the exchange of ideas and information by participants. the studio does not edit or control the information, materials, or modifications posted to, or distributed through, the forums. by posting or distributing information, materials, or modifications through the forums, you expressly abandon any proprietary rights you may have therein, and you agree that such information, materials, or modifications may be freely used, copied, and distributed by others, without your permission, in any medium throughout the world. to the extent you wish to post or distribute information, materials, or modifications to johnros.com that you do not own, the studio requires you to obtain any necessary permissions from the third party owners before doing so. you acknowledge and agree that you will not upload, distribute, or otherwise post any information, materials, or modifications to johnros.com that is libelous, defamatory, threatening, abusive, unlawful or that encourages a criminal offense; contains any viruses or other code, file, or program that is designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; infringes the copyright or other proprietary rights of any third party; or contains any advertising, promotional, or solicitation material.
warranty and indemnification
by using johnros.com 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 john ros and the studio, its affiliates, 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 johnros.com.
disclaimer of warranties
the studio provides the site on an “as is” condition. your use of the site, content, and compilation is at your own risk. the studio 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. the studio does not warrant that the site will provide continuous, prompt, secure, or error-free service. the studio 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. the studio 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 john ros, the studio, its affiliates, 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. the studio’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 the studio.
these terms and conditions are governed by applicable federal law and the law of new york state, without regard to its conflict of laws or choice of laws provisions.
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.