These Terms and Conditions (“Terms”) set forth the terms and conditions of your use of the digital publication Philip Guston Catalogue Raisonné (“Catalogue Raisonné”) available at www.gustoncrllc.org (the “Site”) a project of Guston CR LLC (referred to as “Guston CR,” “us,” “we,” or “our”). We may modify these Terms at any time by posting a revised version on our Site, or if we determine appropriate, by providing other notice.
Please read these Terms carefully from time to time because your agreement to these Terms and use of the Site and your continued use of the Site after modified Terms have been posted indicates your consent and agreement to be bound by and comply with these Terms. We recommend checking back on this web page regularly if you use the Site. If you do not agree to these Terms, do not access or use the Site or the Catalogue Raisonné.
Updates to Catalogue Raisonné
The Catalogue Raisonné is subject to change and Guston CR makes no representations or warranties regarding its accuracy, completeness or fitness for a particular purpose. Guston CR has endeavored to make the Catalogue Raisonné as complete as possible as of the time of online publication. However, information about works may change and some works may be published with certain information listed as “unknown” or as “catalogue entry in process,” so you should check the Guston CR regularly because, as new information and images emerge, Guston CR may update the Catalogue Raisonné. Please refer to our Guide to Entries regarding additional information about the paintings Catalogue Raisonné. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON THE CONTENTS OF THE CATALOGUE RAISONNÉ BY YOU OR ANY OTHER VISITOR TO THE SITE OR BY ANYONE ELSE WHO RELIES ON ITS CONTENTS.
No Authentication
Neither Guston CR LLC nor The Guston Foundation authenticates artworks and the inclusion of a work in the Catalogue Raisonné does not serve as a warranty or guarantee of that work’s authenticity or provenance. In addition, the fact that a work has not been included in the Catalogue Raisonné does not necessarily mean that a work is not by Philip Guston.
Copyright & Trademark
All of the content featured or displayed on the Site and in the Catalogue Raisonné (“Content”), including, but not limited to, images of works of art by Philip Guston, text, photographs, and other materials is protected by copyright law and owned by Guston CR’s licensors, Guston CR, and/or its third-party Content providers.
You may make use and download certain .pdf pages of the Catalogue Raisonné solely for personal, non-commercial educational and research purposes, subject to these Terms and provided that you do not modify the Content or remove any copyright, trademark or other proprietary notices from the Content. Otherwise, you may not reproduce, distribute, create derivative works of, publicly display, perform, download or modify (including but not limited to removing or separating any accompanying text or material from any images or graphics) any of the Content in any manner without prior written permission from Guston CR or the entity(ies) or individual(s) Guston CR designates to you for purposes of granting or withholding the relevant permission(s). To request such permission, please contact [email protected].
For purposes of clarity, commercial use of any of the Content without prior written permission, including but not limited to any of the artwork images, is strictly prohibited.
Commercial use includes but is not limited to promotional or advertising use, social media use, and use in publications and on merchandise.
PHILIP GUSTON, GUSTON, THE GUSTON FOUNDATION, GUSTON CR, P.G. and other trademarks used on the Site are trademarks owned by Guston CR or its licensors (“Our Trademarks”). You may not use Our Trademarks without prior written authorization from us or our licensors, as applicable. The Site may contain the trademarks of third parties and you acknowledge and agree that the appearance of such trademarks on the Site does not give you, expressly or implicitly, any right or license to use such trademarks.
Conduct on Site
You agree not to use the Site for any purpose that is unlawful or prohibited by these Terms, including attempting to or actually: (i) undertaking or encouraging conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any local, state, federal or international law or regulation; (ii) interfering with the operation or integrity of the Site or circumventing any Site security; (iii) imposing an unreasonable load on the Site’s infrastructure or infecting the Site with viruses, worms or other malicious elements; (iv) collecting or scraping data about other users or harvesting data from the Site using robots, spiders, scripts, software or any manual or automatic device, tool or process to populate databases or collect Content, data or information for any purpose; (v) providing false or misleading information; (vi) "deep linking," "framing" or "mirroring" any Content; (vii) using the Content or any user data for the development of any software program, model, algorithm or generative artificial intelligence (“AI”) tool, including but not limited to training, fine tuning or otherwise using the Content or user data in connection with the development or operation of a machine learning or AI system; or (viii) uploading any unlawful, threatening, misleading or false information or material that infringes any intellectual property or other right or that constitutes unsolicited advertising or other forms of solicitation such as “spam,” “junk mail” or “pyramid schemes.”
Privacy
These Terms incorporate by reference the Privacy Policy. Please read the Privacy Policy carefully as you agree to its terms when you use the Site.
Links to Third-Party Websites
The Site may contain links to web sites controlled by third parties (“Third-Party Websites”). We are not responsible for Third-Party Websites or their content, activities or privacy practices. Any information you share or actions you take on Third-Party Websites are governed by those websites’ terms of use and privacy statements, which you should review carefully to learn about their practices. The inclusion of links on our Site does not imply our endorsement of Third-Party Websites, their content, or any associated organization or activity. We make no representation or warranty whatsoever about the nature of Third-Party Websites and if you decide to access any other websites linked to or from the Site, you do so entirely at your own risk.
Frames; Metatags; Links to the Site
Unless you obtain our prior written consent in each case, you may not: (A) frame any Content on any other website; or (B) use metatags or any other “hidden text” that incorporates Our Trademarks, marks confusingly similar to Our Trademarks, or our name.
Additional Disclaimers
THE SITE, CONTENT, AND LINKS AVAILABLE THROUGH IT ARE AVAILABLE “AS IS” AND “AS AVAILABLE.” WE DO NOT WARRANT THAT THE SITE OR ANY CONTENT AND LINKS AVAILABLE THROUGH IT WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN CONTENT AVAILABLE ON THE SITE. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR NON-INFRINGEMENT OF ANY CONTENT AVAILABLE ON THE SITE OR CONTENT OR SERVICES AVAILABLE THROUGH LINKS TO THIRD-PARTY WEB SITES. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON THE SITE AND IN ITS CONTENT. IF YOU RELY ON THE SITE AND ANY CONTENT AVAILABLE THROUGH IT, YOU DO SO ENTIRELY AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, GUSTON CR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SITE AND ANY CONTENT OR INFORMATION THAT IS AVAILABLE THROUGH IT, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE HAS BEEN DISCLOSED).
ALTHOUGH GUSTON CR INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER MALICIOUS CODE TO THE SITE, GUSTON CR DOES NOT GUARANTEE OR WARRANT THAT THE SITE, OR CONTENT THAT MAY BE AVAILABLE THROUGH IT, ARE FREE FROM SUCH DESTRUCTIVE FEATURES. GUSTON CR IS NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.
Limitation of Liability
GUSTON CR AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, VOLUNTEERS, AND ADVISORS (AS WELL AS THE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, VOLUNTEERS, AND ADVISORS OF EACH AND EVERY MEMBER AND AFFILIATE OF GUSTON CR), WHETHER IN SUCH CAPACITIES OR INDIVIDUALLY, AND THE HEIRS, SUCCESSORS AND ASSIGNS OF EACH OF THEM (TOGETHER, THE “COVERED PARTIES”) ARE NOT LIABLE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON LOSS OR INJURY BECAUSE OF ERRORS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES IN THE SITE OR ANY CONTENT AVAILABLE THROUGH IT, INCLUDING LOSS OR INJURY THAT RESULTS FROM YOUR BREACH OF ANY PROVISION OF THESE TERMS.
UNDER NO CIRCUMSTANCES WILL GUSTON CR OR THE COVERED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR CONTENT AVAILABLE THROUGH IT OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR ANY OTHER LEGAL OR EQUITABLE THEORY. OUR AGGREGATE LIABILITY TO YOU FOR ANY USE OF, OR INABILITY TO USE, THE SITE OR CONTENT IS LIMITED TO $25. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, hold harmless, and defend (only if requested) Guston CR and the Covered Parties against all Claims that the indemnified parties may incur arising out of your use of the Site, its Content, or violation of these Terms, including the costs and expenses of enforcing the right to indemnification under this paragraph. The term “Claims” shall mean any and all claims, causes of action, suits, rights, demands, debts, liabilities, losses, damages, costs or expenses, including
attorneys’ fees and disbursements, whether at law or in equity. Guston CR reserves the right to assume the exclusive defense and control of any matter for which we are entitled to indemnification. You agree to provide us with cooperation we may reasonably request.
Termination
We reserve the right to terminate the Site, these Terms, and any Content offered through the Site at any time without notice, for any reason. The “Updates to Catalogue Raisonné,” “No Authentication,” “Copyright & Trademark,” “Additional Disclaimers,” “Limitation of Liability,” “Indemnification,” and “General” sections of these Terms (along with any other provision that by its terms contemplates survival) survive any termination of these Terms.
General
These Terms (which include the Privacy Policy) are the complete agreement between you and Guston CR regarding your use of the Site and are governed by applicable federal laws and the laws of the State of New York applicable to agreements made and completely performed there. If you choose to access our Site from jurisdictions other than the United States, you do so at your own risk, and you are responsible for complying with applicable local laws. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction and venue of the United States District Court for the Southern District of New York located in the Borough of Manhattan in the City of New York or, only if such court does not have subject-matter jurisdiction, the Supreme Court of the State of New York, New York County.
You irrevocably agree to bring any claim or dispute relating to your use of the Site and these Terms exclusively in the state and federal courts located in New York, to submit to the exclusive jurisdiction of those courts, and to waive any jurisdictional, venue, inconvenient forum, or other objections to those courts. Section titles and headings are for convenience only and have no legal or contractual effect. The failure of Guston CR to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If a court of competent jurisdiction determines that any provision of these Terms is unenforceable for any reason, then that provision will be deleted and the remaining provisions will be enforceable to the fullest extent permitted by law. The term “including” in these Terms is intended to be illustrative and means “including without limitation.”
Questions
Please email [email protected] with any questions you may have about these Terms.
Last Updated: October 1, 2025