Terms and Conditions
Thank you for visiting our website. If you want to use
JazzHeaven.com, you must agree to conform to and be legally bound by
the terms and conditions described below.
IF YOU DISAGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT
USE OUR WEBSITE AND DO NOT PURCHASE ANY OF OUR PRODUCTS.
MINORS
We do not provide services or sell products to children. If you are
below the age of 18, you may use our website only with the permission
and active involvement of a parent or legal guardian. If you are a
minor, please do not provide us or other website visitors with any
personal information.
PRIVACY POLICY IS PART OF THESE TERMS AND CONDITIONS
Our privacy policy is part of, and subject to, these terms and
conditions of use. You may view our privacy policy on JazzHeaven.com.
ANTI-SPAM POLICY IS PART OF THESE TERMS AND CONDITIONS
Our anti-Spam policy is part of, and subject to, these terms and
conditions of use. You may view our anti-Spam policy on JazzHeaven.com.
COMPENSATION DISCLOSURE POLICY, IF ANY, IS PART OF THESE
TERMS AND CONDITIONS
If there is a Compensation Disclosure Policy on JazzHeaven.com, the
policy is part of, and subject to, these terms and conditions of use.
MODIFICATIONS AND TERMINATIONS
These terms and conditions may change from time to time. If such
changes are made, they will be effective immediately, and we will
notify you by a notice posted on our website’s home page of the changes
that have been made. If you disagree with the changes that have been
made, you should not use our website.
We may terminate these terms and conditions of use for any reason
and at any time without notice to you.
If you are concerned about these terms and conditions of use, you
should read them each time before you use our website. Any questions or
concerns should be brought to our attention by sending an e-mail to
falk[at]jazzheaven.com, and providing us with information relating to
your concern.
LICENSEE STATUS
You understand and agree that your use of our website is limited and
non-exclusive as a nontransferable revocable licensee. We may terminate
your license to use our website, and access to our website, for any
reason, and without giving you notice.
CONTENT OWNERSHIP – MATERIALS MAY NOT BE RESOLD
OR OTHERWISE TRANSFERRED
All content on our website is owned by us or our content suppliers.
On behalf of ourselves and our content suppliers, we claim all property
rights, including intellectual property rights, for this content and
you are not allowed to infringe upon those rights. We will prosecute to
the fullest extent of the law anyone who attempts to steal our property.
You agree not to copy content from our website without our
permission. Any requests to use our content should be submitted to us
by e-mail to falk[at]jazzheaven.com.
If you believe that your intellectual property rights have been
infringed upon by our website content, please notify us by sending an
e-mail to falk[at]jazzheaven.com, or by sending mail to us at the
address listed below. Please describe in detail the alleged
infringement, including the factual and legal basis for your claim of
ownership.
Any product purchased via the Website, with the exclusive exception
of our “School DVD Products” is licensed only for the non-commercial
private exhibition for the individual purchaser.
You agree that any public performance, other use, or copying is
strictly prohibited. This agreement permits you to receive a single,
non-transferable, non-assignable license for the non-commercial private
exhibition of this product. This product is not to be re-sold or
reproduced or copied at any time. In other words, you expressly agree
that these materials are for your own personal use only, and are not to
be sold, reproduced or copied or otherwise distributed or transferred
to any others now or at any time in the future. Fawi, Inc. will, in all
circumstances, vigorously pursue anyone who infringes upon or otherwise
violates its rights under this contract or at law or equity for the
maximum remedies, predictions, and statutory damages allowable under
but not limited to Title 17 of the United States Code, Chapter 5.
SUBSCRIPTION AGREEMENT
If you choose to purchase instructional videos and/or interviews
(“Materials”) in streaming-online video format from the Website, you
will be provided with a user identification and password that is
personal to you (“Subscription”). The Subscription provides
access to the Material via the Internet from one or more personal
computers.
You may not access the Materials from more than one computer at any
given time.
We will use certain technologies to ensure that only one person is
using each Subscription at any given time.
Sharing your Subscription with others is a violation of this
Agreement and is grounds for immediate termination of your Subscription
without full or partial refund of any fees paid for the Materials
and/or Subscription. In addition, we reserve the right to prohibit you
from purchasing any future subscriptions.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
The information on our website is provided on an ”as is,” ”as
available” basis. You agree that your use of our website is at your
sole risk. We disclaim all warranties of any kind, including but not
limited to, any express warranties, statutory warranties, and any
implied warranties of merchantability, fitness for a particular
purpose, and non-infringement. We do not warrant that our website will
always be available, access will be uninterrupted, be error-free, meet
your requirements, or that any defects in our website will be corrected.
Information on our website should not necessarily be relied upon and
should not to be construed to be professional advice from us. We do not
guarantee the accuracy or completeness of any of the information
provided, and is not responsible for any loss resulting from your
reliance on such information.
If your jurisdiction does not allow limitations on warranties, this
limitation may not apply to you. Your sole and exclusive remedy
relating to your use of the site shall be to discontinue using the site.
Under no circumstances will we be liable or responsible for any
direct, indirect, incidental, consequential (including damages from
loss of business, lost profits, litigation, or the like), special,
exemplary, punitive, or other damages, under any legal theory, arising
out of or in any way relating to our website, your website use, or the
content, even if advised of the possibility of such damages.
Our total liability for any claim arising out of or relating to our
website shall not exceed one hundred ($100) dollars and that amount
shall be in lieu of all other remedies which you may have against us or
our affiliates. Any such claim shall be subject to confidential binding
arbitration as described later in these terms and conditions of use.
OBSCENE AND OFFENSIVE CONTENT
We are not responsible for any obscene or offensive content that you
receive or view from others while using our website. However, if you do
receive or view such content, please contact us by e-mail to
falk[at]jazzheaven.com so that we can investigate the matter. Although
we are not obligated to do so, we reserve the right to monitor,
investigate, and remove obscene or offensive material posted to our
website.
INDEMNIFICATION
You understand and agree that you will indemnify, defend and hold us
and our affiliates harmless from any liability, loss, claim and
expense, including reasonable attorney’s fees, arising from your use of
our website or your violation of these terms and conditions.
COMPLIANCE WITH GOVERNING LAW AND DISPUTE RESOLUTION
You agree to obey all applicable laws while using our website.
You agree that the laws of NY govern these terms and conditions of
use without regard to conflicts of laws provisions.
You also agree that any dispute between you and us, excluding any
intellectual property right infringement claims we pursue against you,
shall be settled solely by confidential binding arbitration per the
American Arbitration Association commercial arbitration rules. All
claims must arbitrate on an individual basis, and cannot be
consolidated in any arbitration with any claim or controversy of anyone
else. All arbitration must occur in Kings County, NY, USA. Each party
shall bear one half of the arbitration fees and costs incurred, and
each party is responsible for its own lawyer fees.
SEVERABILITY OF THESE TERMS AND CONDITIONS
If any part of these terms and conditions of use are determined by a
court of competent jurisdiction to be invalid or unenforceable, that
part shall be limited or eliminated to the minimum extent necessary so
that the remainder of these terms and conditions are fully enforceable
and legally binding.
HOW TO CONTACT US
Any questions or concerns about these terms and conditions of use
should be brought to our attention by e-mail to falk[at]jazzheaven.com,
and providing us with information relating to your concern.
You may also mail your concerns to us at the following address:
Fawi, Inc. dba JazzHeaven.com
95 St. Nicholas Av
Brooklyn, NY 11237
USA
ENTIRE AGREEMENT
These terms and conditions, including the policies incorporated
herein by express reference, constitute your entire agreement with us
with respect to your use of our website.
These Terms and Conditions of Use were last updated on 12-10-2011.
Copyright © 2008-2011 Law Office of Michael E. Young PLLC, and
licensed for use by the owner of this website at JazzHeaven.com. All
Rights Reserved. No portion of this document may be copied or used by
anyone other than the licensee without the express written permission
of the copyright owner.