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User Agreement, Terms & Conditions and Privacy Statement

FOSTER ARTISTS USER AGREEMENT, TERMS & CONDITIONS AND PRIVACY POLICY. 

Last Updated: 5/10/2017    (continuing under construction)

BINDING EFFECT. This is a binding agreement. By using the Internet site or gallery located at www.fosterartists.org (the “Site” or "Gallery") or any services provided in connection with the Site (the “Service”), you agree to abide by these Terms of Use, as they may be amended by Foster Artists (“Company”) from time to time in its sole discretion. Company will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

PRIVACY POLICY. Company respects privacy.  Editing some personal information in profiles and membership pages is accessible and encouraged.  You accept the responsibility to keep your information updated. A complete statement of Company’s current privacy policy can be found by reading this document in full. When opening an account to use or access the Site,  You will be asked to create a User Name and Password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Company immediately on any unauthorized use of an account, user name, or password. Company shall not be liable for any loss that occurs as a result of someone else using your password or account either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

RESPONSIBILITY OF SUBMITIONS.   Members only have access to anonymous portfolios.  Members only are able to purchase from the Site.  Artists entering an image of their work into this Site agree to give up all rights holding the Site responsible for any losses.  If the author feels their art requires legal protection then it is their responsibility as the author to copyright each of the pieces they feel requires legal protection.  It is not the responsibility of the Site to legally protect each image submitted with a copyright.  Authors take full responsibility for the protection of their work.  They may water mark images submitted or other forms of protection.  The Site has disabled right click capability and added foster artists into each image submitted.  If interested in copyright information here is a link

USER ANONYMITY.  It is at the sole discretion of artists to submit an image of a signed work.  It is not the responsibility of the Site to protect artists anonymity.  Anonymous portfolios is an extra feature of the Site for those interested in anonymity.  The Site is not responsible for protecting the anonymity of any/all participating users.

PROCEEDS OF ART WORK.  Artist have the choice to either donate all proceeds to the gallery or spit proceeds 50/50 with the gallery.  Proceeds are necessary for the maintenance/growth of the gallery.  Referral 10% of the art work proceeds is paid to the referrer. 

PRICING. is established by asking the artist what their least acceptance amount is.  We double it and add $50.00 shipping cost (to the artists for shipping).

REFERRALS.  10% of the art work proceeds is paid to the referrer.  If an artist is referred by a member the member receives 10% of proceeds sold through the gallery from their list of artists.  Each artist can only have one referrer.  Each referrer is entirely responsible for keeping their list of artists and referral fees current.

PROCEEDS OF CONTRIBUTIONS.  100% proceeds from contributions are for the gallery.  Any proceeds help pay employees, contractors building the site, art shows, events or any other funds deemed necessary at the sole discretion of Foster Artists needed to keep the site open and running.

AUCTIONS, SHOWS & EVENTS.   If a painting is sold and the donation is difficult to get to the artist because the phone number has changed/disconnected, no response to e-mail or any other disruption of contact. Then the artists can re-connect in their time and claim donation through their profile and connection. It will be waiting for them when they reconnect with the gallery.  Company shall not be liable for any loss that occurs as a result of artist not claiming their art.  Artists take full responsibility of their art work under all circumstances at all times.

If the painting is not sold and there is no contact response from the artist.  Then the painting can be sent to Foster Artists and will be on stand by for the next opportunity to be auctioned or sold.

VOUCHERS.  When a member purchases a voucher to donate for a submission, $10.00 processing fee goes to the gallery.  This fee is included in the price presented on the voucher.

USE OF SOFTWARE. Company may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Company, for your personal, noncommercial, home use only. Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner. Company reserves the right to disable links from third party sites to the website. You are prohibited from performing meta-searches of the Site, or sending automated queries to the Site.

USER CONTENT. As author and owner of your content you grant Company a license to use the materials you post to the Site. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content. The Company does not action as an authorized agent on anyone's behalf. 

COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

INAPPROPRIATE CONTENT. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws. Disclaimer

COPYRIGHT INFRINGEMENT. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company’s designated agent at: Disclaimer

Name and address available upon request to contact@fosterartists.org Disclaimer

ALLEGED VIOLATIONS. Company reserves the right to terminate your use of the Service and/or the Site. To ensure that Company provides a high quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others. Disclaimer

NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

AFFILIATED SITES. Company has no control over, and no liability for any third party websites or materials. Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site. Any violation of system or network security may subject you to civil and/or criminal liability.

INDEMNITY. You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

COPYRIGHT AND TRADEMARK. All contents of Site are: Copyright © 2015 Foster Artists.  All rights reserved and Trademarked nationwide 2015.  Address available upon request.

GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Los Angeles, California in all disputes arising out of or related to the use of the Site.

SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.

Comment: Consider expanding on this provision by expressly stating the intended audience and use of the site, such as promotion of products in the United States, or restricting the use of site, system, or networks by individuals in specified foreign jurisdictions. If jurisdictional issues are anticipated to be problematic, consider making this clause more prominent.

MODIFICATIONS. Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site at any time. Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

ENTIRE AGREEMENT. This Agreement, together with all other documents incorporated by reference herein, contains the entire agreement of the parties, and no representations, warranties or inducements have been made by either of the parties except as expressly set forth herein.

ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM. Disclaimer

Disclaimer Foster Artists

PRIVACY POLICY Last Updated: 8/03/2016 Disclaimer

AGREEMENT AND PARTIES. Foster Artists, a California non-profit corporation (“Company,” “us,” or “we”) respects the privacy of the visitors to the www.fosterartists.com website (“website” or “site”). This privacy policy (“privacy policy” or “policy”) is an agreement between Company and you, as the user of the website (“you”). This agreement tells you when this policy is effective, what information we collect from you, how we might use it, how you can review or change the personal information you provided to us, how we may change this policy, and the steps we take to ensure that your personal information is protected. Disclaimer Foster Artists

AGREEMENT TO TERMS OF PRIVACY POLICY AND TERMS OF USE. All activities in which you may engage on this website are voluntary. You are not required to provide any personal information to us unless you choose to access features on this site which require the information. If you do not agree with the terms of this policy or other terms of use on this website, then you should immediately exit this website and discontinue using the site. If you do not agree with the terms of our privacy policy and our terms of use posted at www.fosterartists.com, please do not provide us with personal information, and leave this website. The terms of use of this site are expressly incorporated herein by reference and made a part of this policy. By using the website, you signify that you agree to the terms of this privacy policy as well as to our terms of use. Disclaimer Foster Artists

EFFECTIVE DATE OF AND CHANGES TO PRIVACY POLICY. This privacy policy Updated 1/01/2016 and will remain in effect except with respect to any of its provisions that are changed in the future, in which case the changes will become effective on the date they are posted on the website or we otherwise notify you of the changes. We reserve the right to change this privacy policy at any time. Changes, modifications, additions, or deletions will be effective immediately on their posting to this site. You should check this policy periodically as its terms may change from time to time. Your continued use of the site after we post any such modifications will constitute your acknowledgment of the modified policy and your agreement to abide and be bound by the modified policy. We will also revise the “last updated” date found at the beginning of this privacy policy when we post changes to it. Foster Artists Disclaimer

DISCLAIMER - POLICY APPLICABLE TO ONLINE ACTIVITIES ONLY The privacy policy does not extend to anything that is inherent in the operation of the Internet, and therefore beyond Foster Artist’s control, and is not to be applied in any manner contrary to applicable law or governmental regulation. This online privacy policy only applies to information collected through this site. This privacy policy does not apply to any information we may collect from you in any place other than this website.

PERSONAL INFORMATION WE MAY COLLECT. We may ask you for certain information referred to on this site as “personal information,” which includes information that pertains to your identity. Such information may include, but is not limited to, items such as your name, address, date of birth, age, gender, e-mail address, telephone number, or credit card or debit card number. You may be required to provide personal information to access or use certain parts of our website or features of the site. If you do not provide the requested personal information, you may not be able to access or use the features of the site where such information is requested.

GENERAL INFORMATION WE MAY COLLECT. There may be other instances in which we collect information from you that is more general in nature (“general information”). Such information may include your Internet Protocol (IP) address, which enables us to identify your computer or device on a Transmission Control Protocol/Internet Protocol (TCP/IP) network, which includes the World Wide Web. Your computer has an IP address, which is required in order for you to communicate with others via the Internet. Such general information, including the click stream data and cookies, as mentioned below, may be collected from you whenever you access the site, whether or not you provide us with any personal information.

Click Stream Data. When you visit our website we may also collect “click stream data” (server address, domain name). This information can be combined with information you have provided to us by registering, for example, which will enable us to analyze and better customize your visits. We may use click stream data for traffic analysis or e-commerce analysis of our website, to determine which features of our site are most or least effective or useful to you. 6.2. Cookies. We may also use cookies to gather information about your visits to our website and enhance your experience. More information on how we use cookies is available in the section “Use of Cookies.” Disclaimer

GENERAL INFORMATION ABOUT YOU AND USE OF GENERAL INFORMATION. We will primarily use the personal information you provide and any general information we receive from you to provide products and services to you, including, but not limited to, the following: Disclaimer

To administer a content promotion survey or other site and to provide you with the relevant products or services (for example, to deliver a prize you may have won in a contest). 7.2   To send you information or materials via e-mail about products, offers, and news we think might interest you. This information may relate to products, offers, and news of the Company or its licensees or selected commercial partners. We send you this only if you have double-opted-in to receive e-mails from Company. If you no longer wish to receive any e-mails from us, or if you want to modify your personal data or want your personal data to be deleted from our database, please following the procedures outlined in Section 12. 7.3   To analyze visits to the website and learn about the interests of our visitors in aggregate and also on a personal level to better understand your interests and needs, so we can improve our products and services and deliver to you the type of content, features and promotions that you are most interested in.

PROTECTION OF YOUR PERSONAL INFORMATION AND GENERAL INFORMATION

Security Measures. In order to protect both the personal information and the general information that we receive from you through our website, we may implement various security measures, including implementing firewalls and taking payment only through SSL certified pages. 8.2. Risk of Interception. Please keep in mind, however, that whenever you give out personal information online there is a risk that third parties may intercept and use that information. While Company strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online. By using this site, you expressly acknowledge and agree that we do not guarantee the security of any data provided to or received by us through this site and that any personal information, general information, or other data or information received from you through the site is provided to us at your own risk, which you expressly assume. Disclaimer

NO USE OF THIS SITE BY PERSONS UNDER 18 PERMITTED

Registration Declined. Company intends only persons who are 18 years or older to use this website. Personal registration information submitted by a person under the age of 18 will not be accepted. Any general information provided by a person under the age of 18 and gathered (for example, through the use of cookies) during his or her visit may be used as indicated in this policy (see Section 6). Company is committed to protecting the privacy of children and has no intention of collecting personal data from children under the age of 18. We encourage parents and guardians of children under 18 to regularly check and monitor their children’s use of e-mail and other activities online.  NOTICE CONCERNING CHILDREN: We are a general audience site, and do not direct any of our content specifically at children under 18 years of age. We understand and are committed to respecting the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a site user is under age 18, we will promptly delete their account and membership.

THIRD PARTIES

Sharing personal information with Site Manager. Company’s global and local websites and the personal information and general information collected are managed and controlled by Company. Company has entered into an agreement with the hosting company to provide safeguards for the protection of your data that are consistent with this policy. Disclosing Information to Third Parties. Other than to the companies belonging to Company for the purposes set out above, and except as described in this policy, we do not sell, trade, or otherwise transfer your personal information or general information to third parties without informing you in advance. We provide some of our services through contractual arrangements with affiliates, services providers, partners and other third parties (collectively, “service partners”). Our service partners may use your personal information to operate our sites and to deliver their services. For example, your data may be transferred to website hosting partners and other parties who assist us in designing and operating the website, executing services (such as for prize fulfillment), or helping us analyze collected data. These parties will only use your data for the purpose of carrying out the work as agreed with us and will be required to keep the information confidential. We will encourage our service partners to adopt and post privacy policies. However, the use of your personal information by our service partners is governed by the privacy policies of those service partners and is not subject to our control. 10.3. Release of Information. Company may release personal or general information without your consent for security purposes, when required by law, or to prevent imminent harm to any person or entity. We may disclose personal or general information upon receipt of a court order or subpoena, or to cooperate with a law enforcement investigation, which may include responding to requests and court orders from jurisdictions outside the United States. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful, as determined in our sole discretion. Release of your personal data for security purposes, as described in this agreement to any person or entity under any circumstances shall be based on a determination made solely by us, exercising our own discretion, permission for which is expressly granted by you to us in accordance with this policy. 10.4. Links to Third Party Sites. For your convenience and to improve the usage of the website we may insert links to third parties on this site. This privacy policy does not apply to such third party websites. These links take you outside our service and off the Company’s site and are beyond our control. This includes links from partners that may use Company’s logos as part of a co-branding agreement. The sites those links can take you to have their own separate privacy policy and although we seek to protect the integrity of our site, Company is not liable for the content and activities of those sites. Your visits and access to such websites is at your own risk. Please note that those other sites may send their own cookies to users, collect data, or solicit personal information.

AUTOMATIC COLLECTION OF COOKIES. A cookie is a small string of information that the website you visit transfers to your computer for identification purposes. Cookies can be used to follow your activity on the website and that information helps us to understand your preferences and improve your website experience. Cookies are also used for such activities as remembering your user name and password, if you use such a feature on this site. You can turn off all cookies, in case you prefer not to receive them. You can also have your computer warn you whenever cookies are being used. For both options you have to adjust your browser settings (such as Chrome, Mozilla, Firefox, or Internet Explorer). There are also software products available that can manage cookies for you. Please be aware, however, that when you choose to reject cookies, this choice may limit the functionality of the website you visit and you may lose access to some of its features.

DELETING OR MODIFYING YOUR PERSONAL INFORMATION. You may cancel your registration at any time, and you may opt out of receiving any e-mails from Company. Additionally, you can choose to have all your personal information deleted from our database. You may opt out, or delete or modify your personal information, by visiting http://fosterartists.com/help-contact/, or emailing us at contact@fosterartists.com for questions. We encourage you promptly to update your personal information when it changes.