Terms of Use

Terms of Use

Welcome to the Justin Mattock Abstract Art Foundation (“JMAAF”) Web site at(“jmaaf.org”). The Justin Mattock Abstract Art Foundation(“JMAAF”) provides this website(“jmaaf.org”) to further its organizations purpose and charitable mission by exhibiting, educating, and inspiring the public through its collection of artworks. The following Terms of Use (“Terms”) govern your use of jmaaf.org. By accessing, viewing, or using the content, material, or purchasing artwork or services available on or through jmaaf.org, you indicate that you have read and understand these Terms, that you agree to them and intend to be legally bound by them. If you do not agree to these Terms, then do not access jmaaf.org and leave the website as soon as possible.

Trademarks

The names, titles, trademarks and logos that appear on JMAAF website jmaaf.org  are reserved and pending registered of Justin Mattock Abstract Art Foundation (JMAAF) You may not use the JMAAF Trademarks without JMAAF’s prior written permission.

Copyright

Images, text, software, documentation, electronic, text, and image and video files and clips and other material on the jmaaf.org website are protected by copyright laws and may be covered by other restrictions including for example rights of privacy and publicity. JMAAF jmaaf.org retains all rights it may hold, including copyright, in data, image, text and any other information contained in these files. Copyrights and other proprietary rights in the material on this website jmaaf.org.  JMAAF expressly prohibits the copying of any protected materials on this website jmaaf.org except for the purpose of fair use as defined in the copyright laws and is on this agreement.

Fair Use is Permitted

Fair use copyrighted material includes the use of protected materials for noncommercial educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting.  Unless otherwise noted, users who wish to download or print text, audio video image and other files from JMAAF’s website jmaaf.org for such fair uses are welcome to do so without any additional permission from JMAAF. In the event of scholarly practice, users of the materials in publications etc.. should cite the author/artist as well as the source(jmaaf.org) cited. By using this material from JMAAF jmaaf.org via download or copy/paste or other websites users agree that they will limit their use of such files from JMAAF jmaaf.org of fair use and will not violate JMAAF’s or any other parties proprietary rights.

Commercial Use

Commercial use of any content obtained from JMAAF jmaaf.org is prohibited. Unauthorized downloading, publication, or exploitation of text audio video and image and other files from JMAAF jmaaf.org for commercial purposes is specifically prohibited. Anyone wishing to use any of these files or images for commercial use, publication, or any purpose other than fair use as defined by law must request and receive prior written permission. All requests to reproduce works of art from JMAAF’s collection should be addresses directly to JMAAF.

Reservation of Rights

All rights not expressly granted by JMAAF herein are specifically and completely reserved. Nothing on the JMAAF website jmaaf.org or in this Agreement grants expressly or implicitly by estoppel or otherwise any right or license to use any content or property of any third party, or may be construed to mean that JMAAF has authority to grant and right or license on behalf of any third party.

Personal use of original in-house open edition printed material(s)

The JMAAF website jmaaf.org will offer original in-house open edition printed material(s) to the public for sale. By purchasing the in-house open edition printed material from jmaaf.org  and/or any third party cites if may be, the buyer agrees  to the Terms and conditions contained herein  and acknowledges that you are not acquiring any right, title, or interest on or to the original in-house open-edition printed material(s) or any associated copyrights, or other then the right to possess, hold or use the original in-house open edition printed material(s)  for personal, non-commercial purposes. Furthermore, you agree that you will: (i) not scan copy duplicate distribute or otherwise reproduce the original in-house open edition printed material(s). (ii) not use the original in-house open edition printed material(s) for any commercial purpose, without the express written consent of the author and (iii) permission is granted (iv)  Transferees Bound: If anyone becomes the new owner of the original in-house open edition printed material(s), with notice of the Terms of Use, that person shall be bound to all its “Terms”.  (v)indemnify JMAAF jmaaf.org and its affiliates, officers, members, managers, employees, and agents against any claims, losses or damages incurred as a result of or in connection with your breach of the foregoing restrictions.

Moral Right

The Purchaser of the original in-house open edition printed material(s) from JMAAF jmaaf.org will not permit any use of the Artist’s name or misuse of the work which would reflect discredit on his/her reputation as an artist, or which would violate the spirit of the Work.

Non-Destruction

Purchaser of the original in-house open edition printed material(s) from JMAAF jmaaf.org will not permit any intentional destruction, damage, or modification of the Work

Unauthorized Activities

You agree that you will not use jmaaf.org for any illegal or unauthorized purposes that violates any laws including import and export and copyright laws, a) modifying adapting or hacking into the site or for modifying another website so as to falsify imply that it is associated with jmaaf.org.  b) uploading, posting, or transmitting email SMS’s “spam” messages, worms or viruses or any code of destructive nature. C) attempt to gain unauthorized access to jmaaf.org computer systems or engage in any activity that interferes with the performance of, or impairs the functionality of jmaaf.org or any of its services provided by jmaaf.org.

Payments to the Site

By purchasing products on jmaaf.org, you represent that you are (18) years of age or older. You are responsible for all charges incurred under your account. In order to make a purchase jmaaf.org may use the services of third parties, including stripe.com(http://stripe.com) or any other site JMAAF deems viable to use.

Third party Web sites and content:

Parties other than JMAAF jmaaf.org may provide transactional services such as stripe.com or any other site JMAAF deems viable to use . The site may contain links to other web sites for the convenience of visitors in locating information products or services that may be of interest. JMAAF jmaaf.org does not recommend and expressly disclaims any responsibility for the content the accuracy of the information or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Your use of third parties websites is at your own risk and subject to the terms and conditions of such other websites. JMAAF jmaaf.org does not endorse any product service or treatment provided on a third party website or advertise on the site.

Privacy Policy

Any Personal information that you provide to jmaaf.org is subject to out Privacy Policy. For more information please click https://jmaaf.org/privacy-policy

Disclaimer and warranty

JMAAF jmaaf.org provides the site on an “AS IS” basis. Your use of the site is at your own risk. JMAAF jmaaf.org disclaims all warranties of any kind whether expressed or implied including but not limited to the implied warranties of merchantability fitness for a particular purpose copyright ownership and/or non-infringement of copyrights or other third party proprietary rights. JMAAF jmaaf.org does not warrant that the JMAAF jmaaf.org website will provide continuous prompt secure or error free service. JMAAF jmaaf.org make reasonable ongoing efforts to revise and update the JMAAF jmaaf.org website but assumes no liability for any errors or omissions including the inaccuracy of content or for any damages or losses that you or any third party may incur as a result of the unavailability of the site. JMAAF jmaaf.org assumes no responsibility and shall not be liable for any damages to or viruses that may effect your computer equipment or other property arising from your use of the JMAAF jmaff.org website

Limitation of Liability

JMAAF jmaaf.org its affiliates trustees directors officers employees and agents shall have no liability for any damages including without limitation and direct indirect incidental compensatory punitive special or consequential damages (even if we have be advised of the possibility of such damages) arising from or related to your use of the JMAAF jmaaf.org website

Venue and Choice of Law

This Agreement and any counterparts, amendments, or revisions thereto shall be governed and construed in accordance with the laws of the State of California, without regard to principles of conflicts of laws. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to this Agreement shall be brought in a Federal or State court located in Los Angeles County, California, and the parties hereby waive any objection that they may have to personal jurisdiction in these courts.

Warranty and Indemnification

By using the JMAAF jmaaf.org website in any manner, you represent and warrant that your use will be consistent with these Terms and Conditions. You agree to indemnify, defend, and hold harmless JMAAF, its affiliates, trustees, directors, officers, employees, and agents from all claims, causes, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of the JMAAF jmaaf.org website.

Created December 19, 2018