1. Website Terms of Use

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.

This Agreement is in addition to Your obligations and rights under the Privacy Policy posted on the Site. For the avoidance of doubt, in the event of a conflict between this Agreement and the Privacy Policy or other terms and conditions posted on the Site, this Agreement will control. If You are unsure of Your rights under this Agreement, please contact us as set forth below.


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.

3. Copyrights

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.

If You do submit material, You automatically grant The Estate of Jean-Michel Basquiat a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media throughout the world. You grant The Estate of Jean-Michel Basquiat the right to use the name that You submit in connection with such content, if they choose. You represent and warrant that You own or otherwise control all of the rights to the content that You submit; that the content is accurate; that use of the content You supply does not violate these terms of use and will not cause injury to any person or entity; that the content you supply does and will not infringe any party’s intellectual property, publicity, privacy, or other rights and that such content is and will not be defamatory or libelous; and that You will indemnify The Estate of Jean-Michel Basquiat for all claims resulting from content You supply. The Estate of Jean-Michel Basquiat has the right but not the obligation to monitor and edit or remove any activity or content. The Estate of Jean-Michel Basquiat takes no responsibility and assumes no liability for any content shared by You or any third party through the Site.


5. Disclaimer of Warranties and Limitation of Liability

THIS SITE AND ALL INFORMATION CONTAINED THEREIN ARE PROVIDED BY THE ESTATE OF JEAN-MICHEL BASQUIAT ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE ESTATE OF JEAN-MICHEL BASQUIAT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION AND AVAILABILITY OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS PRESENTED ON THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE ESTATE OF JEAN-MICHEL BASQUIAT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ESTATE OF JEAN-MICHEL BASQUIAT DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM THE ESTATE OF JEAN-MICHEL BASQUIAT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ERRORS. THE ESTATE OF JEAN-MICHEL BASQUIAT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. In no event shall THE ESTATE OF JEAN-MICHEL BASQUIAT’s liability to You in connection with this site and these Terms and Conditions and the Privacy Policy exceed $500.00. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

6. Indemnification

You agree to indemnify The Estate of Jean-Michel Basquiat against all damages, liabilities, costs, charges and expenses, including reasonable attorneys’ fees, that The Estate of Jean-Michel Basquiat or Basquiat Couture, LLC may incur as a result of Your breach of any of these Terms of Use or any claims brought relating to information submitted by You or actions taken by You. We will provide You with timely notice of any such claim, suit or proceeding.

7. Privacy

Please review both the Privacy Policy, which also governs Your visit to the Site, to understand our practices.

8. Security

Please review our security practices set forth in the Privacy Policy.

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. Restrictions

You 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.

11. GENERAL

By Your continued use of this Site, You acknowledge that You have read and understand these Terms of Use and You agree to act in accordance with its terms and conditions and be bound by them. These Terms of Use shall not be altered or modified in any way without the prior written consent of The Estate of Jean-Michel Basquiat. The Estate of Jean-Michel Basquiat’s failure to act with respect to a breach by you or others does not waive The Estate of Jean-Michel Basquiat’s right to act with respect to subsequent or similar breaches.

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.

If you have any questions regarding the Terms of Use for this Site, please contact us at info@basquiat.com