Terms of Service, Privacy Policy & Site Credits

Aperture respects the privacy of your personal information. Aperture’s privacy, data collection, and terms-of-use policies with respect to www.aperture.org (“Site”) are set forth in this statement (“Policy”) and describes how Aperture Foundation and Fulco, Inc. (the company that fulfills Aperture magazine subscriptions) manages personally-identifying information provided by you, such as name, address, telephone number, or e-mail address.

For the purpose of the policy, Aperture Foundation, Aperture magazine, and Fulco, Inc., are referred to collectively as “Aperture.” By using this Site, you signify your acceptance of these terms of use.

This Site contains links to other websites. Aperture is not responsible for the privacy practices or the content of such websites.

Advertiser Disclosure
Some of our advertisers may use a third-party company to serve their online ads. In the course of serving these advertisements, a unique third-party cookie may be placed or recognized on your browser if your preferences are set to allow cookies.

Cookies
Aperture may set and access cookies on your computer. If you don’t want any cookies, your web browser likely includes an option that allows you to turn them off, but, if you don’t accept them, some portions of the Site may not function properly.

Disputes
If there is a dispute about or involving the Site, you agree that the dispute shall be governed by the laws of the State of New York, USA, without regard to the conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of New York, City of New York.

E-mail Newsletter List
If you are interested in receiving news and special offers from Aperture, please join our e-mail newsletter list. Then we’ll send you information about Aperture events, exhibition openings, web-exclusive sales, educational programs, and new publications. We may also use this list for our annual contribution drive. We do not sell, rent, or share our e-mail list. Please join the list by entering your e-mail in the Newsletter box found at the top of every page.

In the event you wish to update or delete your e-mail address in our possession at any time for any reason, please update your preferences by clicking on “Manage Account” at the bottom of any newsletter.

Indemnification
You agree to indemnify and hold Aperture, its subsidiaries, affiliates, third-party service providers, and their respective directors, officers, employees, partners, licensors, and agents harmless from any loss or liability arising out of your use of the Site or from any claim, demand, loss, cost, and expenses, including attorney’s fees, arising out of your use of the Site, in violation of these terms of use, and/or your activities in conjunction with the Site or services related to the Site.

Privacy of Information
When you order from the Site, we collect your name, mailing address, contact information (which can include a phone number and/or e-mail address), and information necessary for payment (credit card numbers are encrypted for safe and secure transmission). This information is used to process payments and to ship items to the buyers. Occasionally, the names and mailing addresses of our customers are rented out to select third parties, which helps Aperture supports its non-profit programming initiatives. E-mail addresses are not made available to any third parties. In the event that you wish to view, update, or delete this information, please contact info@aperture.org.

We also collect information about gift recipients so that we can fulfill the gift purchase. The information we collect about gift recipients is not used for marketing purposes.

And we receive and store click-stream data and other information about visits to our Site. This information is used solely to analyze and improve the Site experience.

Public Forums
If you elect to post materials to any blogs, forums, message boards, and/or news groups available to our users, please remember that any information disclosed in these areas becomes public and you should exercise caution when deciding to disclose your personal information. Also, you are solely responsible for all content—including text, images, graphics, audio, video, or other materials—that you post. You agree and warrant that your posts will be true and accurate, will not defame any person or invade any person’s privacy, and will not infringe the proprietary rights of any person. You will not post anything to which you do not own the rights. Please be aware that visitors to the site may make comments about your post that may be unflattering or derogatory.

Please be aware that Aperture cannot monitor all posts and is not responsible for the content of the posts. Aperture reserves the right to delete or edit any material in any post that is obscene, harassing, offensive, or otherwise objectionable and not in keeping with Aperture Foundation’s standards.

Refunds & Exchanges
Aperture will refund the purchase price of an item if returned with receipt in original condition within thirty days. If merchandise is damaged in shipment, we will gladly send a replacement copy or refund the purchase price if a replacement is not available. To receive a refund or replacement, contact customerservice@aperture.org.

Exchanges or store credit are offered within 30 days of the date your purchase was made. All items must be returned in their original packaging ( unopened shrink-wrapped condition) and in saleable condition.

Items for exchange can be shipped to:
Aperture
5933 N Elm avenue
Millerton NY 12546

If you prefer, you may bring your item to the Aperture Gallery and Bookstore within 30 days of purchase:
Aperture Gallery and Bookstore
547 w. 27th Street
New York, NY 10001

About Customs, Duties & Taxes
When ordering from Aperture.org, you’re responsible for assuring the product can be lawfully imported to the destination country.

The recipient is the importer of record and must comply with all laws and regulations of the destination country. Orders shipped outside of the United States may be subject to import taxes, customs duties and fees levied by the destination country. The recipient of an international shipment may be subject to such import taxes, customs duties and fees, which are levied once a shipment reaches the recipient’s country. Additional charges for customs clearance must be borne by the recipient; we have no control over these charges and can’t predict what they may be. Customs policies vary widely from country to country; you should contact your local customs office for more information. When customs clearance procedures are required, it can cause delays beyond our original delivery estimates.

Security of Information
You can be sure that we make every effort to ensure that ordering online from Aperture is safe. All credit card numbers are encrypted using 128-bit SSL.

Typographical Errors
Aperture endeavors to provide timely, accurate information on its Site, but is not responsible for any inadvertent editorial or typographical errors. In the event that an Aperture product is mistakenly listed at an incorrect price, Aperture reserves the right to refuse or cancel any orders placed at the incorrect price, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Aperture shall issue a credit to your credit card account in the amount of the incorrect price.

Copyright 2012 Aperture Foundation, Inc.
All images displayed on this site are protected by U.S. copyright, trademark, and other laws, and are the property of Aperture Foundation or the contributing photographer. Any use of the photographs displayed herein other than viewing them on this site requires the express written permission of Aperture Foundation. For questions on obtaining written authorization for the use of these images, call (212) 505-5555 in the United States or send an e-mail to info@aperture.org.

Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Aperture.org’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Aperture that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail address;
  • 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;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Aperture.org’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:
Mary Colman St. John
Aperture Foundation
547 West 27th Street, 4th Floor
New York, N.Y. 10001
phone: 212.946.7116
fax: 212.598.4015
e-mail: mcstjohn@aperture.org.

Questions? 
For any other information about our privacy policy or terms of use, please contact info@aperture.org.

This policy was last updated on July 19, 2012.

Site Credits

Many thanks to all of those who have made (and continue to make) this site possible.

Aperture’s website team:
Design Director: Emily Lessard
Site Design & Development, WordPress: Kaz Raad and Nadim Raad, Manyfold
Shop Development, Magento: David Allsop, eCommerce Heroes
Design consultation: Manuel Miranda