This Agreement is dated September 22nd, 2010. It applies to the Basquiat.com website and the (“Site”). This site is owned and operated by The Estate of Jean-Michel Basquiat. This Site is provided as a service to the public. Please review the following terms and conditions of use, which govern your use of the Site (the “Agreement”). This Agreement is between You (“You” or “User”) and the Site subject to the following terms and conditions. Your visit to the Site indicates your agreement to abide by its terms and conditions. Please read them carefully.
Your rights under this Agreement will be subject to the most current version of this Agreement posted on this page at the time of Your use or purchase. The Site reserves the right to update or modify this Agreement from time to time at its sole discretion, and without prior notice. For this reason, we encourage you to review the Agreement whenever you visit the Site. If you do not agree to these terms, please do not use the Site.
We reserve the right to cancel your right you use this website at any time without notice or cause.
We offer some files in common Adobe Acrobat format and may offer other files in other common formats. We do not offer technical support for any third party software including, but not limited to Adobe Reader.
2. Site Contents, Trademarks, and Service Marks
The Site and all of its contents, such as text, photographs, graphics, images, illustrations, video clips, music, sounds, and other materials and the copyrights, trademarks, and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by the Estate of Jean-Michel Basquiat. The Estate of Jean-Michel Basquiat grants You a limited license to access and make personal use of this Contents on this Site and not to download, distribute, display, incorporate into another website, or modify it, or exploit in any way any portion of it, except with express written consent of The Estate of Jean-Michel Basquiat.
Reproduction, including downloading of any photographs is also prohibited without the express written permission of the photograph’s owner unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names included in the Site are trademarks of The Estate of Jean-Michel Basquiat or its licensors, sponsors or suppliers and are protected by trademark laws. The trademarks may not be used in any manner that is likely to cause confusion to, or in any manner that disparages or discredits, The Estate of Jean-Michel Basquiat.
Unless otherwise noted, all Contents including product designs (including any and all collateral materials relating thereto) included on this Site are owned by The Estate of Jean-Michel Basquiat and/or its licensors and protected by copyright laws, trademarks, and/or design patents and/or other intellectual property owned, controlled or licensed by The Estate of Jean-Michel Basquiat. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, create derivative works of, broadcast, circulate, display or in any way exploit any such content, in whole or in part, whether by e-mail or by any other means, for any purpose other than for your personal, non-commercial use as set forth herein. You are not allowed to use any product designs or images without the express written permission of The Estate of Jean-Michel Basquiat. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of The Estate of Jean-Michel Basquiat and is also protected by U.S. and international copyright laws.
The Estate of Jean-Michel Basquiat and its licensors expressly reserve all intellectual property rights in all text, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of The Estate of Jean-Michel Basquiat’s or any third party's intellectual property rights.
The Jean-Michel Basquiat name, logos, images and all related product and service names, design marks and Content are the trademarks or service marks of The Estate of Jean-Michel Basquiat. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
4. Communications and Other Content
Visitors may submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content.
The Estate of Jean-Michel Basquiat does not have to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. If you send us creative suggestions, ideas, notes, drawings, concepts or other information, the information shall be deemed, and shall remain, the property of the Estate of Jean-Michel Basquiat. None of the information shall be subject to any obligation of confidentiality on the part of The Estate of Jean-Michel Basquiat and the Estate of Jean-Michel Basquiat shall not be liable or owe any compensation for any use or disclosure of the information.
5. Disclaimer of Warranties and Limitation of Liability
9. Governing Law; Exclusive Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, U.S.A., without giving effect to its conflict of law rules and applicable U.S. federal law. In the event of any dispute hereunder, You and THE ESTATE OF JEAN-MICHEL BASQUIAT hereby consent to the exclusive jurisdiction and venue of the courts of the State of New York in New York County or the Federal courts of the United States of America located in the Southern District of New York (as permitted by law). The parties expressly disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods.
10. RestrictionsYou agree to the following restrictions:
You will not reprint, republish or distribute in any way, any information or materials found on our website.
You will not use any of the information on our website for sending e-mails or for solicitation purposes or for any other purposes involving solicitation in any way.
You will not access data not intended to be accessed by Users of the Site or attempt to probe, scan, or test the vulnerability of our site or attempt to interfere with any service available on our site, change postings of others on our site, take other actions which impose an unreasonable or disproportionate loan on our site, send unsolicited email, including promotions and/or advertising of products or services, to addresses obtained from our site, forge any email address, newsgroup or name in connection with this site and/or use a password, name or identification which is not your on in accessing our site.
You will not attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any or in any way used on our website.
If You are acting as an agent for a principal (including on behalf of Your employer), You and the principal, jointly and severally, assume all of Your obligations set forth in this Agreement.
If any part of this Agreement is found by any court to be invalid, illegal or unenforceable, that part shall be discounted and the rest of this agreement shall continue to be valid and enforceable to the fullest extent permitted by law.