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Terms of Use

Thank you for visiting the Milton J. Hinton Photograph Collection’s (the “Collection”) website. This website furthers the mission of preserving and celebrating the life and legacy of legendary jazz bassist and photographer Milt Hinton (1910-2000). We hope you find the site enjoyable and informative. As a visitor to the site, you agree to be bound by these Terms of Use. If you do not agree to these terms, do not use this site. We may change these Terms of Use, so please check back from time to time to review the current version.

Copyright and Other Proprietary Rights
Milt Hinton’s photographs are protected by copyright, and the Collection is the owner of the copyright in all of Milt’s photographs, including the ones displayed on the website. The site also includes some images taken by other photographers. The Collection has permission to post these third-party images on the website but does not have the right to permit others to use them. To the Collection’s knowledge, none of the photographs displayed on the site are in the public domain.

The Collection is also the owner of all of the text in the website. Finally, the Collection is the owner of all rights, including the copyright, in the website as a collective work, in other words as a whole. The copyright in the website applies to the compilation of the written content, photographs, graphics, images, among other elements.  Milt Hinton’s photographs depict an extensive range of jazz artists, popular performers, and others in varied settings--on the road, in recording studios, at parties, and at home--over a period of six decades. The subjects of the photographs (or their heirs, successors, or assigns) may claim rights other than copyright, such as privacy or publicity rights, in the images. The Collection cannot and does not warrant that all the images are free from rights claimed by third parties. As the user, it is your responsibility to obtain any third-party permissions that may be required for your use. The Collection assumes no liability for your use of these images.

With the limited exception discussed in the next paragraph, the reproduction, distribution, display, posting, or other transmission of the website, in whole or in part, including Milt Hinton’s photographs, photographs by other artists, and the text, is strictly prohibited unless you first obtain written permission from the Collection. There is more information on how to request permission below.

You do not need the Collection’s written permission to download or print excerpts of the website for individual, non-commercial purposes, or if your use constitutes a fair use as that term is defined in the U.S. copyright laws. Should you choose to exercise this right, you agree you will not delete any copyright, trademark, or other proprietary notices from any materials you download. Such notices may include copyright notices, credits, attribution information, or trademark notices. Any displays or printouts of the website content must be marked "© The Milton J. Hinton Photographic Collection. All rights reserved." Further, if you download or use any material from the site, you represent and warrant that your use is consistent with the permission granted here, and that it will not infringe or otherwise violate the rights of any other party.

Trademarks

The name and trademark “The Milton J. Hinton Photographic Collection” and the logo

are owned by the Collection. Except as part of proprietary notices described above, they may not be used without the Collection’s prior written consent.

Licensing Requests
If you would like to license Milt Hinton’s photographs or any content of the website, please contact the Collection at info@milthinton.com. Whether or not to grant a license is solely in the discretion of the Collection.

Links to Third-Party Websites
This website may contain links to third-party sites. These third-party websites are not under the Collection’s control and are governed by their own terms of use and privacy policies. When the Collection provides such links, it does so for informational purposes and for your convenience, and you access these sites at your own risk. In addition, third-party links do not suggest affiliation with, endorsement or sponsorship of the linked site by the Collection.

Linking to the Collection’s Website
You have our permission to link to particular pages or sections of this website by using the actual webpage address or a word or phrase. You may not use the Collection’s tradename and trademarks (see above) for this purpose. Also, please be aware that the content of this website may change, and we cannot guarantee that your links will continue to work over-time.

Warranty Disclaimer and Limitation of Liability
The content of the website is provided “as is.” Accordingly, to the fullest extent permitted by law, the Collection makes no representations, express or implied, regarding the content of the website, including its accuracy, adequacy, usefulness, or reliability, and expressly disclaims all warranties of merchantability or fitness for a particular use, and non-infringement. The Collection does not represent or warrant that the website’s functions will be uninterrupted or error-free, that any defects will be corrected, or that the website or the server that makes it available are free of viruses or other harmful components. To the fullest extent permitted by law, the Collection shall not be liable for any direct, indirect, special, consequential, or punitive damages that result from the use of, or the inability to use, the materials on this site, even if the Collection has been advised of the possibility of such damages.

Indemnity
You agree to indemnify, defend, and hold the Collection, including its officers, directors, partners, employees, agents, contractors, successors and assigns harmless from all claims, causes of action, allegations, costs, expenses, fees (including reasonable attorneys' fees and costs), judgments, liabilities, losses, and damages arising from or relating to your use of this website.

Applicable Law and Jurisdiction; Miscellaneous
You agree that all matters arising from or relating to the use and operation of this website will be governed by the laws of the State of New York, without regard to its conflict of laws principles. You agree that all claims you may have arising from or relating to the operation or use of this website will be heard and resolved in the state or federal courts in New York, New York. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and agree not to object to moving forward in such courts. These Terms of Use and the Privacy Policy constitute the entire agreement between you, a visitor to the site, and the Collection with respect to the use of the Collection’s website. The Collection’s failure to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or right. The Collection may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

Privacy Policy

The Milton J. Hinton Photographic Collection (the “Collection”) respects your privacy. Our website practices relating to collecting, using, disclosing, and storing your Personal Information are described in this Privacy Policy. As a visitor to the site, you agree to be bound by this Policy. If you do not agree to this Policy, do not use this site. We may change this Policy, so please check back from time to time to review the current version.

General Policy on Collection and Retention of Information
When we use the term “Personal Information” we mean your name, email address, or any other information that could identify you. It does not include information that is available to the public. The only Personal Information the Collection obtains is information you voluntarily provide when you submit inquiries via the website, for example about licensing a Milt Hinton photograph. The Collection does not conduct financial transactions via the website. We will generally keep your Personal Information only for as long as is necessary to fulfill the purpose for which it was collected or to comply with legal obligations.

General Policy on Collection and Retention of Information
When we use the term “Personal Information” we mean your name, email address, or any other information that could identify you. It does not include information that is available to the public. The only Personal Information the Collection obtains is information you voluntarily provide when you submit inquiries via the website, for example about licensing a Milt Hinton photograph. The Collection does not conduct financial transactions via the website. We will generally keep your Personal Information only for as long as is necessary to fulfill the purpose for which it was collected or to comply with legal obligations.

Cookies and Similar Technology
Cookies and other similar technologies, which we may use on the website, are pieces of data that our website or its service provider deposits on your computer's hard drive through your web browser.

These technologies do not contain Personal Information. Some browsers allow you to disable cookies. If you allow cookies, they contain information about you that is remembered and may help make your visit to the website easier. We may use third parties to help us improve visitors’ experience by using cookies to analyze how people use the website. (See "Third-Party Service Providers" below.) Neither the Collection nor the companies we work with will collect Personal Information using cookies.

Third-Party Service Providers
We may use third-party service providers to help us host and operate the website, conduct our business, or provide website analytics. We reserve the right to share Personal Information with our third-party service providers, so long as they agree to only use the information to help us conduct and improve our business.

Links to Third-Party Websites
This website may contain links to third-party sites. These third-party websites are not under the Collection’s control and are governed by their own terms of use and privacy policies. When the Collection provides such links, it does so for informational purposes and for your convenience, and you access these sites at your own risk. In addition, third-party links do not suggest affiliation with, endorsement or sponsorship of the linked site by the Collection.

Children Under 13 Years of Age
This website is not directed to children under age 13. We do not actively solicit information from visitors generally, including from children, and we do not market to children. Children under age 13 must obtain permission from a parent or guardian before submitting information to this website.

Terms of Use
Please visit our Terms of Use section for more provisions governing your use of this website.

Effective Date: May 1, 2020