Term of Use

ACCEPTANCE OF TERMS

Welcome to ArtBlakey.com (the “Site”), owned and maintained by the Estate of Art Blakey (the “Estate”, “we”, “us” or “our”) for your personal entertainment, information and education.

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. These Terms of Use (this “Agreement”) govern the use of the Site. This Agreement incorporates by reference the terms of our Privacy Policy.

  • Agreement to the Terms of Use. Your use of the Site constitutes your agreement to the terms of this Agreement (including, without limitation, the terms of our Privacy Policy), as well as to all applicable laws. We offer access to and the use of the Site only to those persons who so agree. If you do not so agree, you may not use the Site.
  • Modification of the Agreement. We reserve the right, in our sole discretion and for any or no reason, to modify this Agreement from time to time by posting a revised version, together with the date of such posting at the end of the document. All such changes will be effective immediately upon posting, and each time you use the Site, you agree anew to the terms of this Agreement. Therefore, please review this Agreement regularly. If at any time all of the terms of this Agreement are not acceptable to you, please do not use the Site.

USE OF CONTENT

You acknowledge that the Site contains information, text, software, photographs, audio and video clips, graphics, links and other material (collectively, the “Content”) that are protected by copyright, trademark or other proprietary rights of the Estate or third parties. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Site.

You may download or copy any Content owned by the Estate for your own personal, noncommercial use, provided that you maintain all copyright and other notices contained on such Content. If you have any question as to whether the Estate owns certain content contained on the Site, do not download or copy it without first contacting the Estate (e.g., Content that appears to have been uploaded by a third party or Content containing copyright and/or trademark notices in the name of a party other than the Estate should not be copied or downloaded by you). You may not copy, download, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, without the prior written consent of the owner thereof, except as expressly permitted in these Terms of Use. Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software’s patent and/or copyright.

NO ENDORSEMENT

THE ESTATE DOES NOT REPRESENT OR ENDORSE THE TIMELINESS, ACCURACY, RELIABILITY OR COMPLETENESS OF ANY CONTENT ON THE SITE AND YOU ACKNOWLEDGE THAT ANY RELIANCE UPON SUCH CONTENT SHALL BE AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT IN SOME CASES, THE CONTENT MAY BE MISLEADING, MISLABELED OR SIMPLY INACCURATE.

The Site may contain links to Web sites that are unrelated to the Estate and are owned and operated by third parties (the “Third-Party Sites”). The Estate has not reviewed all of the Third-Party Sites which may be linked to the Site, and is not responsible for the contents of, or any products or services offered on, any third-party site.

TERMINATION

The Estate reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Site at any time for any reason without prior notice or liability. The Estate may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or Content, without prior notice or liability.

NOTICE FOR CLAIMS OF INTELLECTUAL PROPERTY VIOLATIONS AND AGENT FOR NOTICE

If you believe in good faith that any material on our Site infringes your copyright, you (or your agent) may send us a notice requesting that we remove or block access to the infringing material. Your notice to us must include the following information:

  1. an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
  2. identification of the copyrighted work or other intellectual property that you claim has been infringed upon;
  3. a description of where the material that you claim is infringing is located on the Site, with sufficient detail that we may find it on the Site;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
  6. information, if possible, sufficient to permit the Estate to notify the owner/administrator of the allegedly infringing content; and
  7. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the Digital Millennium Copyright Act (the “DMCA”) permits you to send us a counter-notice. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA (see Section 512 of the U.S. Copyright Act of 1976, http://www.copyright.gov/title17/92chap5.pdf). Notices and counter-notices should be sent to our Copyright Agent:

By mail:                                                       By email:
The Estate of Art Blakey                                Contact Form
Attn: Copyright Agent                                   Attn: Copyright Agent
P.O. Box 5176
Weehawken, NJ 07086

PRIVACY

Your use of our site is subject to our Privacy Policy, which may be found at www.ArtBlakey.com/privacy. By using the Site, you agree that you have read our Privacy Policy, that it is reasonable and acceptable to you, and that you agree to its terms.

CONTACT LIST

We have created a contact list of our users who will receive email information from us from time to time, such as announcements of any new features or services on or available through the Site or our affiliates, as well as telephone calls for marketing purposes. You will have the opportunity to opt out of this service when you receive email sent to the members of our contact list. We will not submit your personal information to third-party marketers and will use your information only as described in this Agreement and in the Privacy Policy.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

THE ESTATE CONTROLS AND OPERATES THE SITE FROM WITHIN THE UNITED STATES OF AMERICA. WE MAKE NO REPRESENTATION THAT CONTENT IS APPROPRIATE OR AUTHORIZED FOR USE IN ALL COUNTRIES, STATES OR OTHER JURISDICTIONS. WHEN YOU ACCESS THE SITE, YOU DO SO ON YOUR OWN INITIATIVE AND RISK AND YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU IN CONNECTION WITH THE SITE ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, WE DO NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU VIA THE SITE, OUR SERVERS, OR E-MAIL SENT FROM US IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

YOU HEREBY RELEASE THE ESTATE, OUR DIRECTORS, TRUSTEES, OFFICERS, EMPLOYEES AND AGENTS (THE “RELEASED PARTIES”) FROM ANY AND ALL CLAIMS AND DAMAGES, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR OR ANYONE ELSE’S USE OF THE SITE OR ANY ACT OR OMISSION OF ANY RELEASED PARTY. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

INDEMNIFICATION

You will indemnify, hold harmless and, at the Estate’s option, defend the Estate and its affiliates and each of their respective officers, trustees, employees, agents, licensees, successors, and assigns from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, by any third party as a result of your breach of any term of this Agreement, your violation of any law or the rights of a third party, or your use of the Site.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is prohibited by any applicable law or regulation or by these Terms of Use, as they may be amended from time to time.

TERMINATION; CHANGE IN SERVICE

We reserve the right, in our sole discretion, to restrict, suspend or terminate your access to all or any part of the Site at any time, for any or no reason, without prior notice or liability. We may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or content, without prior notice or liability.

MISCELLANEOUS

Applicable Law; Disputes. By visiting the Site, you agree that the laws of the State of New Jersey, without regard to its principles of conflict of laws, will govern the terms of this Agreement and any dispute that may arise between you and the Estate. Any such dispute may be heard only in the federal and state courts in the County of Morris, State of New Jersey, and you hereby submit to the exclusive jurisdiction and venue of such courts.

Headings. The section headings in this Agreement are for convenience only and shall not affect in any way the interpretation or understanding of this Agreement or any of the terms and conditions herein.

Severability. If any term or provision of this Agreement is held to be invalid or unenforceable, the remaining portions will continue to be valid and will be performed, construed, and enforced to the fullest extent permitted by law, and the invalid or unenforceable term will be deemed amended and limited in accordance with the intent of the parties, as determined from the face of the Agreement, to the extent necessary to permit the maximum enforceability or validation of the term or provision.

No Waiver. No waiver (in whole or in part, express or implied) of any right or remedy provided for in this Agreement shall be understood to waive any other right or remedy. No delay or failure by the Estate to exercise any right or remedy shall operate as a waiver thereof.

If you have questions about this Agreement, wish to report any violations, or wish to obtain permission to use Content other than as expressly permitted in this Agreement, please contact us by mail at The Estate of Art Blakey, P.O. Box 5176, Weehawken, NJ 07086, or through our Contact Form.

Last updated as of June 9, 2015
Archive of previous Agreements
© 2015 The Estate of Art Blakey