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Welcome to the Stellers Gallery website terms and conditions
of use. These terms and conditions of use apply to and govern
your use of the StellersGallery.com web site (the "Site").
Your use of the Site signifies your agreement to be bound
by these terms and conditions. If you do not agree to be
bound by these terms and conditions of use, you may not access
or otherwise use the Site.
License to Use the Site
StellersGallery.com grants you a
non-exclusive, non-transferable, limited right to access,
use and display the Site and the materials thereon for your
personal use only, provided that you comply fully with these
terms and conditions of use. You shall not interfere or attempt
to interfere with the operation of the Site in any way through
any means or device including, but not limited to, spamming,
hacking, uploading computer viruses or time bombs, or the
means expressly prohibited by any provision of these terms
and conditions of use.
Changes to Terms and Conditions
StellersGallery.com reserves
the right, at its sole discretion, to change, modify, add
or remove any portion of these terms and conditions of use,
in whole or in part, at any time. Changes in these terms
and conditions of use will be effective when posted. You
agree to review these terms and conditions of use periodically
to be aware of any changes. Your continued use of the Site
after any changes to these terms and conditions of use are
posted will be considered acceptance of those changes.
Ownership and Restrictions
StellersGallery.com owns, controls,
licenses or has the right to use and provide the Site and
all material on the Site, including without limitation text,
images, articles, photographs, illustrations, audio and video
clips, (collectively the Content). The Site is protected
by copyright as a collective work and/or compilation, pursuant
to U.S. copyright laws, international conventions, and other
copyright laws. StellersGallery.com is the owner of the copyright
in the entire Site. StellersGallery.com owns a copyright
in the selection, coordination, arrangement and enhancement
of the Site. You agree to abide by any and all copyright
notices, information or restrictions displayed on the Site.
You may not modify, create derivative works from, participate
in the transfer or sale of, post on the World Wide Web, or
in any way exploit the Site or any portion thereof for any
public or commercial use without the express written permission
of StellersGallery.com. You may download one (1) copy of
Content from the Site for your personal use, provided that
you maintain all copyright, attribution and other notices
contained in such Content, including without limitation trademarks
and service marks of StellersGallery.com and its affiliates
or the copyright holder identified in the individual Content's
copyright notice. You acknowledge that you do not acquire
any ownership rights by downloading copyrighted material.
You are responsible for complying with all applicable laws,
rules and regulations regarding your use of any such downloaded
Content. In the event of any permitted copying, redistribution
or publication of material from the Site, no changes in or
deletion of author attribution, trademark, legend or copyright
notice shall be made.
Change to Site or Content
StellersGallery.com shall have
the right for any reason, in its sole discretion, to terminate,
change, suspend or discontinue any aspect of the Site, including
but not limited to Content, features, or hours of availability.
StellersGallery.com may also impose limits on certain features
and services or restrict your access to parts or all of the
Site without notice or liability.
Indemnification
You shall indemnify, defend and hold harmless
StellersGallery.com, and all its officers, directors, owners,
agents, employees, Content providers, affiliates, licensors
and licensees (collectively, the Indemnified Parties) from
and against any and all losses, damages, liabilities, and
claims and all fees, costs, expenses, of any kind related
thereto (including, without limitation, reasonable attorneys'
fees) incurred by the Indemnified Parties in connection with
any claim arising out of, based upon or resulting from your
use of the Site. StellersGallery.com reserves the right,
at its own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you
and you shall not in any event settle any matter without
the written consent of StellersGallery.com.
Links to Other Web Site
The Site contains links and pointers
to the other related World Wide Web Internet sites, resources,
and sponsors of the Site. Links to and from any site to other
third party sites, maintained by third parties, do not constitute
an endorsement by StellersGallery.com or any of its subsidiaries
and affiliates of any third party resources or their contents.
Links do not imply that StellersGallery.com or the Site sponsors
are affiliated or associated with or are legally authorized
to use any trademark, tradename, logo or copyright symbol
displayed in or accessible through the links, or that any
linked sites are authorized to use any trademark, tradename,
logo or copyright symbol of artnet.com or any of its affiliates.
You should direct any concerns regarding any external link
to its site administrator or webmaster. StellersGallery.com
does not represent or endorse the accuracy or reliability
of any advice, opinion, statement, or other information displayed
or distributed through the Site. You acknowledge that any
reliance upon any such opinion, advice, statement, memorandum,
or information shall be at your sole risk. StellersGallery.com
reserves the right, in its sole discretion, to correct any
errors or omissions in any portion of the Site.
Disclaimer of Warranties and Damages; Limitation of Liability
THE
SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS
AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE
SITE, IS PROVIDED ON AN AS IS, AS AVAILABLE BASIS WITHOUT
REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER
STELLERS GALLERY NOR ITS CONTENT PROVIDERS WARRANT THAT THE
FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE SITE WILL
BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT ANY OTHER SITE OR THE SERVER THAT MAKES IT AVAILABLE
IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO THEY
MAKE ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR
RELIABILITY OF THE SITE, THE CONTENT THEREOF, THE MATERIALS,
INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE
USED ON OR ACCESSED THROUGH THE SITE, ANY PRODUCTS OR SERVICES
OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF
SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION
THROUGH THE SITE OR ANY LINKED SITE. STELLERS GALLERY AND
ITS SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES AND SHALL
NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING WITHOUT
LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN
UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES, INCLUDING BUT
NOT LIMITED TO STELLERS GALLERY'S NEGLIGENCE. IF YOU ARE
DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE,
YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
CERTAIN
CONTENT MAY BE CONSIDERED OBJECTIONABLE BY INDIVIDUAL USERS
AND USERS MUST EXERCISE THEIR DISCRETION IN USING AND ALLOWING
MINORS OR OTHERS TO USE THE SITE.
UNDER NO CIRCUMSTANCES
SHALL STELLERS GALLERY, ITS SUBSIDIARIES, AFFILIATES OR CONTENT
PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE
OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS AND FUNCTIONS
IN THE SITE, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE
OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES
OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF STELLERS
GALLERY, ITS SUBSIDIARIES AND AFFILIATES TO YOU FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT,
INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING
FROM THESE TERMS AND CONDITIONS OF USE OR YOUR USE OF THE
SITE EXCEED, IN THE AGGREGATE, $100.00.
No Responsibility for Transmitted Material
You acknowledge
that transmissions to and from this Site are not confidential
and your Communications may be read or intercepted by others.
You acknowledge that by submitting Communications to StellersGallery.com
or the Site, no confidential, fiduciary, contractually implied
or other relationship is created between you and StellersGallery.com
or any StellersGallery.com affiliate or subsidiary other
than pursuant to these terms and conditions of use. StellersGallery.com
shall not be responsible for the payment of any monies to
any party in connection with StellersGallery.com's use of
Communications submitted by you to the Site.
Non-United States Residents
StellersGallery.com makes no
representation that materials in the Site, including merchandise
offered for sale on the Site and their copyrights, trademarks,
patents, and licensing arrangements, are appropriate or available
for use in locations other than the United States. Those
who choose to access this Site from other locations outside
of the U.S. do so on their own initiative and are responsible
for compliance with local laws, if and to the extent local
laws are applicable. With respect to shipments of merchandise
to consumers, wherever they may reside, title to the merchandise
shall pass to the buyer upon delivery of the merchandise
to the common carrier.
General Provisions
These terms and conditions of use shall
be governed by and construed in accordance with the laws
of the State of Florida, without regard to conflicts of
laws provisions. The sole and exclusive jurisdiction for
any action or proceeding arising out of or related to these
terms and conditions of use shall be an appropriate State
or Federal court located in Duval County in the State of
Florida and you hereby irrevocably consent to the jurisdiction
of such courts. If for any reason a court of competent jurisdiction
finds any provision of these terms and conditions of use,
or portion thereof, to be unenforceable, that provision shall
be enforced to the maximum extent permissible so as to effect
the intent of these terms and conditions of use, and the
remainder of these terms and conditions of use shall continue
in full force and effect. These terms and conditions of use
constitute the entire agreement between you and StellersGallery.com
with respect to the subject matter hereof, and supersede
all previous written or oral agreements between the parties
with respect to such subject matter. No waiver by either
you or StellersGallery.com of any breach or default hereunder
shall be deemed to be a waiver of any preceding or subsequent
breach or default. The section headings used herein are for
convenience only and shall not be given any legal import.
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