Terms of Use

Acceptance of Terms

The following terms and conditions govern all use of the jazztimes.com website (the “Website”) and the services and Content (defined below) available on the Website and derived from the Website, including any print materials (collectively, the “Services”). With the exception of individual Submissions(s) (defined below), the Services are owned and operated by Madavor, Inc., a Massachusetts corporation (“Madavor”). The Services are offered subject to acceptance without modification of all of the terms and conditions contained herein (the “Terms of Use”) and all other operating rules, policies and procedures that may be published from time to time on the Website by Madavor. You must be 18 years old or older or obtain the consent of your parent or legal guardian to use the Services. Madavor may refuse to offer the Services to any person or entity and may change the eligibility criteria for use of the Services at any time, in its sole discretion.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR OTHERWISE USING ANY PART OF THE SERVICES OR ANY CONTENT (AS DEFINED BELOW). BY CHECKING THE “I have read and accepted the above terms” CHECKBOX BELOW, YOU AGREE TO BECOME BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THESE TERMS OF USE, DO NOT CLICK ON THE “I have read and accepted the above terms ” CHECKBOX AND YOU WILL NOT HAVE ANY RIGHT TO USE THE SERVICES.

Modification of Terms of Use

Madavor reserves the right, in its sole discretion, to modify or replace any of these Terms of Use at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Services following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

Privacy

Madavors’s privacy statement regarding the Services is available online (the “Privacy Policy”), which is incorporated herein by this reference. For inquiries in regard to Madavor’s Privacy Policy, or to report a privacy related problem, please contact us.

Rules and conduct

The Services (including without limitation, any Content (defined below), documents or other information made available via the Services) are provided only for your own personal use and may not be used in connection with any commercial purpose(s) except as specifically approved in writing by JazzTimes. Any unauthorized use of the Services is expressly prohibited. For purposes of these Terms of Use, “Content” shall include, without limitation, any text, software, scripts, graphics, photos, audio, music, videos, and/or interactive features accessible through the Services.

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Madavor. You agree to abide by all applicable local, state, national and international laws and regulations.

By way of example, and not as a limitation, you agree not to (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content using any communications services related to the Services, that:

  • infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;

  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, profane or which otherwise violates these Terms of Use;
  • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
  • imposes an unreasonable or disproportionately large load on Madavor’s computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or otherwise;
  • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of Madavor or any third party; or
  • impersonates any person or entity without his, her or its express written consent; or
  • involves commercial activities without the prior written consent of Madavor.

You will not use any robot, spider, scraper or other automated means to access the Services for any purpose without Madavor’s express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in Madavor’s sole discretion an unreasonable or disproportionately large load on Madavor’s infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; or (iii) bypass any measures Madavor may use to prevent or restrict access to the Services.

You shall not (and you shall not permit others to), directly or indirectly, modify, translate, decompile, disassemble, or reverse engineer any part of the Services or any Content available at or through the Services (except to the limited extent applicable laws specifically prohibit such restriction); or copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. In addition, you shall not remove any proprietary notices or labels.

You may not harvest or collect information, including screen names, about other members or users of the Services. The use of any information learned through the Services is limited to the express purposes set forth in these Terms of Use; all other uses, including, without limitation, sending unsolicited bulk e-mail, are strictly prohibited.

Madavor may remove any Content from the Services at any time for any reason (including, but not limited to, upon receipt of a claim or allegation from third parties or authorities relating to such Content), or for no reason at all.

Madavor may, at its sole discretion, immediately terminate your access to the Services should your conduct fail to conform strictly with any of the terms or conditions of these Terms of Use or with any provision of this section.

no warranties

THE SERVICES AND ALL CONTENT (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICES, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE FOREGOING ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. MADAVOR MAKES NO WARRANTIES OF ANY KIND IN REGARD TO THE CONTENT, OPINIONS, ADVICE AND ALL OTHER INFORMATION EXPRESSED OR OTHERWISE POSTED BY USERS OF THE SERVICES.

limitation of liability

IN NO EVENT SHALL MADAVOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, CONTENT PROVIDERS, ADVERTISERS OR USERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICES OR ANY CONTENT (I) FOR ANY LOST PROFITS OR SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE AT OR THROUGH THE SERVICES. YOU SPECIFICALLY RELEASE MADAVOR FROM ALL LIABILITY FOR ANY USER CONTENT OR CONDUCT.

indemnification

You agree to defend, indemnify, and hold harmless Madavor, its directors, officers, employees, agents, partners, representatives and affiliates, and their employees, contractors, officers, directors and representatives, from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from (i) your use or misuse of the Services, (ii) your violation of these Terms of Use, (iii) any disputes regarding ownership rights of any kind arising from your Submission(s), or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.

integration and severability

These Terms of Use are the entire agreement between you and Madavor with respect to the Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Madavorwith respect to this Services (but excluding the use of any software which may be subject to a separate end-user license agreement). If any provision of these Terms of Use is found to be unenforceable or invalid, such provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable.

miscellaneous

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Massachusetts, excluding its conflicts of law rules, and the United States of America. You expressly agree to the exclusive jurisdiction, forum and venue of the state or federal courts located in Montgomery County, Massachusetts for any claim or action arising out of or relating to these Terms of Use or your use of the Services, and you further agree to and submit to such forum and venue, and to the exercise of personal jurisdiction of such courts. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section. You agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

These Terms of Use are personal to you, and are not transferable by you except with Madavor’s prior written consent. Madavor may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers or modifications of these Terms of Use must be in writing signed by both parties. In any action or proceeding to enforce rights under these Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested, or when receipt is electronically confirmed, if transmitted by facsimile or e-mail.

digital millennium copyright act notice

Madavor has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act, and avails itself of the protection of the Act. It is Madavor’s policy to (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue Services to repeat offenders. Notices to Madavor regarding any alleged copyright infringement should be addressed to:

JazzTimes Magazine Copyright Agent
c/o Madavor
25 Braintree Hill Office Park, Suite 404
Braintree, MA 02184