Terms Of Use

Please read these Terms of Use carefully before using any of the Web sites operated by Starving Artists Gallery. By accessing or using the Starving Artists gallery site, you agree to be legally bound by these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not use the Starving Artists gallery site. See our Privacy Statement for our policy governing personal information.

Trademarks, Copyrights, and Restrictions
The Starving Artists Gallery site is solely controlled and operated by Starving Artists Gallery ("Starving Artists Gallery, "we," "us," or "our"). If you wish to contact us, you may e-mail us at staff@starvingartistsgallery.com. The Starving Artists gallery site was created to be both useful and entertaining. All materials on the Starving Artists Gallery sites ("Online Materials"), including, without limitation, names, logos, trademarks, service marks, images, illustrations, audio clips, and video clips, are protected by copyrights and other intellectual property rights owned and controlled by Starving Artists Gallery or by other parties that have licensed their material to Starving Artists Gallery. You may download and retain only a single copy of the Online Materials, solely for your personal, non-commercial use. No Online Material may be copied, reproduced, republished, modified, uploaded, posted, transmitted, distributed in any way, or otherwise used for any purpose without the prior written permission of their respective owners. You may not add, delete, distort, or otherwise modify the contents on the Starving Artists Gallery site except in areas designated for this purpose. Any unauthorized attempts to modify any Online Material, to defeat or circumvent our security features, or to utilize the Starving Artists Gallery site for other than their intended purposes are prohibited. Please report any material on any Starving Artists Gallery site which you believe may infringe your copyright by following our Copyright Notice and Takedown Procedure.

Linked Sites
We have provided links to related sites for your convenience ("Linked Sites"). We do not review or endorse Linked Sites in any way whether or not Starving Artists Gallery is affiliated with the sponsors of a site. We are not responsible for the content of Linked Sites or any off-site pages linked to the Starving Artists Gallery site. You access such linked sites and off-site pages at your own risk. It is up to you to take precautions to ensure that such linked sites that you visit and the information you select on them are free of viruses, worms, vermin, trojan horses, and other items of a destructive nature. Visitors to any Linked Sites are urged and expected to abide by the Terms of Use and Privacy Policies of that particular Linked Site.

Submissions to Starving Artists Gallery Site
You may only use the Starving Artists Gallery site and their contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through Starving Artists Gallery site. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to Starving Artists Gallery site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by Starving Artists Gallery) or privately transmitted on or through Starving Artists Gallery site are the sole responsibility of the sender, not Starving Artists Gallery, and that you are responsible for all material you upload, post or otherwise transmit to or through the Starving Artists Gallery site.

Any music, images, video, notes, message/bulletin board postings, ideas, suggestions, concepts, or other material submitted to us will imply rights to use by Starving Artists Gallery and Starving Artists Gallery shall be entitled to use such material for promotional use only, including in any media whether now known or hereafter devised. You agree that any submission you make to us is original with you and accurate. You agree that you will not submit or otherwise publish through the Starving Artists Galery site any content, or act in any way, which in Starving Artists Gallery's opinion:

(A) may constitute libel, defamation, invasion of privacy, or is obscene, pornographic, abusive, or threatening;

(B) may infringe any intellectual property or other right of any entity or person;

(C) may violate any applicable law or advocates illegal activity;

(D) advertises or otherwise solicits funds or is a solicitation for goods, services, advertisers or sponsors or otherwise engages in commercial activity;

(E) disrupts the normal flow of dialogue or otherwise act in a way which affects the ability of other people to engage in real time activities via the Starving Artists Gallery site;

(F) includes programs which may contain viruses, worms, trojan horses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication;

(G) includes MP3 format files;

(H) disobeys any policy or regulation established from time to time regarding use of the Starving Artists Gallery site or any networks connected to the Starving Artists Gallery site; or

(I) contains links to other sites that contain the kind of content which falls within the descriptions set out in (A) to (H) above.

We are not responsible for any material posted on the bulletin boards or in the forum areas conducted on the Starving Artists Gallery site. We will cooperate with any law enforcement authorities and comply with any judicial order requesting or directing us to disclose the identity of anyone posting materials in violation of any applicable federal, state, or local laws. We reserve the right in our sole discretion to remove or disable access to any material posted on or to our site, including without limitation material posted by you to a Starving Artists Gallery site message board or chat room if we believe that material violates any of the above policies or infringes any intellectual property rights. Furthermore, if we believe in our sole discretion that you have violated any of the terms of these Terms of Use, including specifically but without limitation by posting or providing links to material which infringes intellectual property rights, we reserve the right to terminate your access to the Starving Artists Gallery site.

Applicability of Online Materials
Unless otherwise specified, the Online Materials are presented solely for the purpose of Entertaining users of this site in the United States and its territories, and for promoting music, films, and other products. The Starving Artists Gallery site is controlled and operated by Starving Artists Gallery from its offices within the States of Wisconsin. We make no representation that the Online Materials are appropriate or available for use in other locations outside the United States. Those who visit the Starving Artists Gallery site from other locations do so on their own initiative and are responsible for compliance with all applicable local laws. You specifically agree to comply with all applicable laws, including without limitation those concerning the transmission of technical data exported from the United States or the country in which you reside.

DISCLAIMER OF WARRANTIES AND LIABILITY
YOU EXPRESSLY AGREE THAT YOUR USE OF THE STARVING ARTIST GALLERY SITE, THE ONLINE MATERIALS, AND ANY PRODUCTS OR SERVICES PURCHASED ON THE STARVING ARTISTS GALLERY SITE IS AT YOUR SOLE RISK. ALL ONLINE MATERIALS AND THE PRODUCTS AND SERVICES OFFERED ON THE STARVING ARTISTS GALLERY SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, STARVING ARTISTS GALLERY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER STARVING ARTISTS GALLERY, NOR ITS AFFILIATED AND SUBSIDIARY COMPANIES, NOR THEIR RESPECTIVE VENDORS, AGENTS OR EMPLOYEES, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF STARVING ARTISTS GALLERY'S WEB SITES WARRANT THAT THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT STARVING ARTISTS GALLERY OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE MATERIAL THAT YOU MAY READ ON STARVING ARTISTS GALLERY'S WEB SITES IS PROVIDED FOR ENTERTAINMENT AND PROMOTIONAL PURPOSES. STARVING ARTISTS GALLERY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL IN STARVING ARTISTS GALLERY'S WEB SITES OR LINKED SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. STARVING ARTISTS GALLERY MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN STARVING ARTISTS GALLERY SITES WILL NOT INFRINGE THE RIGHTS OF OTHERS AND STARVING ARTISTS GALLERY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT OF STARVING ARTISTS GALLERY SITES. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING DISCLAIMER, YOU EXPRESSLY AGREE THAT STARVING ARTISTS GALLERY, ITS AFFILIATED AND SUBSIDIARY COMPANIES, AND THEIR RESPECTIVE VENDORS, AGENTS, EMPLOYEES, AND ANY PERSON INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF STARVING ARTISTS GALLERY'S WEB SITE SHALL NOT BE LIABLE FOR: (A) ANY CLAIMS, LIABILITY, OR DIRECT, INDIRECT, PUNITIVE, ACTUAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES RESULTING FROM YOUR PURCHASE OF ANY PRODUCT OR SERVICES ON THE STARVING ARTISTS GALLERY SITE OR FROM YOUR USE OF ANY ONLINE MATERIALS; (B) YOUR USE OR INABILITY TO USE OR ACCESS THE STARVING ARTISTS GALLERY SITE; OR (C) DEFECTS, DELAYS IN OPERATION, TRANSMISSION FAILURE, OR OTHER FAILURE OF PERFORMANCE ON THE STARVING ARTISTS GALLERY SITE OR THE INTERNET. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY TO APPLY TO YOU, THE LIMITATION WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. WE DO NOT ENDORSE ANY MATERIAL, INFORMATION OR OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON THE BULLETIN BOARDS, IN THE CHAT AREAS OR OTHER FORUMS CONDUCTED ON THE STARVING ARTISTS GALLERY SITE ("FORUMS") AND WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING SUCH MATERIAL, INFORMATION OR OPINIONS. WE DO NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF STARVING ARTISTS GALLERY. STARVING ARTISTS GALLERY MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN ITS SOLE DISCRETION. ANY USE OF ANY STARVING ARTISTS GALLERY SITE OR THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATION ON LIABILITY SET OUT ABOVE.

Indemnification
You will indemnify and hold harmless Starving Artists Gallery, its parent, affiliated and subsidiary entities, and the successors, licensees, assigns, officers and directors of each from and against any and all claims, losses and damages (including reasonable attorney's fees) constituting and arising out of a breach of any of the provisions of these Terms of Use, including without limitation from your placement or transmission of any content onto Starving Artists Gallery's servers, and/or from any and all use of any Starving Artists Gallery site.

Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Wisconsin without regard to its provisions regarding conflicts of law. You agree to submit to the exclusive jurisdiction of the federal, state, and local courts located within the State of Wisconsin. If any provision of these Terms of Use is unlawful, void, or unenforceable, it will not affect the validity and enforceability of any other provision. These Terms of Use set forth the entire agreement regarding all of the matters discussed herein. Because these Terms of Use are subject to change and you will be legally bound by such changes, you should periodically visit this section to review the current Terms of Use. We reserve the right to terminate this agreement at any time without notice for any reason. These Terms of Use were last updated on October 21, 2003.