TERMS OF USE
March 30, 2018

Binding Agreement – These terms governs your use of the audio and video recordings and other digital content (the "Collections") available online by the New Orleans Jazz & Heritage Foundation Archive (the "Archive") a project of the New Orleans Jazz & Heritage Festival and Foundation, Inc. (the “Foundation”). If you do not agree to these terms, please do not use the Archive’s Collections or its website (the "Site"). These terms and your continued use of the Archive’s Collections and Site form a binding agreement (“Agreement) between you and the Archive/Foundation.

Permitted Use - Access to the Archive’s Collections is granted for scholarship, research, and study purposes only (the “Permitted Use”). Any other use requires permission. Additionally, it is your responsibility to determine and satisfy copyright or other use restrictions and/or the applicability of fair use under the laws applicable to you including the copyright laws of the United States of America. You are solely responsible for determining whether your use of the Collections requires consent of any party, and you are solely responsible for obtaining any necessary consent or license(s) from the owner or intellectual property or other rights in the content contained in the Collections.

Registration Required for Access to Certain Materials - Access to certain Collections may require you to complete a registration application and to obtain a password. You agree to provide accurate information in your registration application. You may use your password only to access the Collections in ways consistent with this Agreement. No other access to or use of the Site or the Collections is authorized. You agree not to interfere with the work of other users or the Archive and not to allow others to use your password. Please report any unauthorized use of your password promptly to archive@jazzandheritage.org.

Copyright and Legal Compliance – In using this Site, you agree to abide by all applicable laws and regulations, including intellectual property and copyright laws. In particular, you certify that your use of any part of the Archive's Collections will be limited to the Permitted Use and will be non-infringing and/or fair use under copyright law.

Other Obligations - In using the Site, you further agree: not to act in any way that might give rise to civil or criminal liability; not to use or attempt to use another person's password; not to collect or store personal data about anyone; not to violate anyone's rights of privacy; not to infringe any copyright, trademark, patent, or other proprietary rights of any person; not to transmit or facilitate the transmission of unsolicited “spam” email or any illegal content; and not to harass, threaten, or otherwise annoy anyone.

Citation Requested for Use of Content - If you use the Archive's Collections for any research that results in an article, a book, or other publication (including publication on the internet), you should credit the Archive as follows: New Orleans Jazz & Heritage Foundation Archive.

Restricted Content - The Archive may remove portions of the Collection on the Site without notice and in its sole discretion, including for considerations of space, access, copyright, or requests from person(s) depicted in the materials. Certain Collections may have restrictions on access or use. You agree to abide by any restrictions on use applicable to content made available on this Site.

Right to Terminate Access - The Archive may immediately terminate this Agreement at its sole discretion at any time upon written notice (including via email) to you. Upon termination, you agree that the Archive may immediately deactivate any password it has issued to you and bar you from accessing the Collections or the Site.

Modification of Agreement - The Archive may modify this Agreement from time to time by posting new Terms of Use on this Site. Your continued use of the Site constitutes your acceptance of any and all modifications.

No Endorsement; No Warranties - The Archive does not endorse or sponsor any views expressed in content contained in its Collections, nor does it guarantee or warrant that any content is accurate, complete, non-infringing, or legally accessible in your jurisdiction. You are solely responsible for abiding by all laws and regulations that may be applicable to you in your location and country. In addition, the Collections are provided to you on an as-is and as-available basis. Your use of the Site is at your sole risk. You understand and agree that the Archive makes no warranty or representation regarding the accuracy, completeness, reliability, or usefulness of the content in the Collections, that access to the Site and/or Collections will be uninterrupted, secure, or error free, or that defects, if any, will be corrected. The Archive makes no warranty of any kind, either express or implied.

Indemnification; Choice of Law and Forum - You agree to indemnify and hold harmless the Archive and Foundation and any of their affiliates, agents, officers, directors, and employees from and against any and all liability, loss, claims, damages, costs, and/or actions (including attorneys’ fees) arising from your use of the Archive’s services, the Site, or the Collections. You agree that this Agreement is governed by Louisiana law and that any suit arising from this Agreement will be brought in a state or federal court of proper jurisdiction in New Orleans, Louisiana.

Limitation of Liability – To the fullest extent allowable by applicable law, under no circumstances, including, without limitation, negligence, shall the Archive or the Foundation or any of their affiliates, officers, directors, employees, or agents be responsible for any indirect, incidental, special, or consequential damages arising from or in connection with the use of, or the inability to use, the Site or the Collections, or resulting from unauthorized access to the Collections or your transmissions of data, including, without limitation, damages for loss of profits, use, or other intangibles, even if the Archive has been advised of the possibility of such damages.

Miscellaneous - This Agreement, the Privacy Policy, and other policies posted on the Site constitute the full and complete agreement between you and the Archive/Foundation and are not intended to inure to benefit of any third-party. You acknowledge that you have read and understood the Archive’s Privacy Policy and agree that the Archive may collect and use information pursuant to that policy. In addition, should any provision in the Agreement be found invalid, unlawful, or unenforceable, that provision shall not affect the validity or enforceability of the remaining provisions.