Fine Art Magazine :: Terms of Service

FineArtMagazine.com: Site Agreement

FineArtMagazine.com (the "Site") is an on-line information service

provided SunStorm Arts Publishing Co. Inc known here as the "Author" or "Owner"), subject

to your compliance with the terms and conditions set forth below.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE

SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH

BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS,

YOU MAY NOT ACCESS OR USE THE SITE. The Author MAY MODIFY THIS

AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE

IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU

AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH

MODIFICATIONS, AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE

DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. Copyright, Licenses and Idea Submissions.

The entire contents of the Site are protected by international

trademarks are FineArtMagazine.com, its affiliates or other third

party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH,

UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON

THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may

print and download portions of material from the different areas of

the Site solely for your own non-commercial use provided that you

agree not to change or delete any copyright or proprietary notices

from the materials. You agree to grant to the Author a non-exclusive,

royalty-free, worldwide, perpetual license, with the right to

sub-license, to reproduce, distribute, transmit, create derivative

works of, publicly display and publicly perform any materials and

other information (including, without limitation, ideas contained

therein for new or improved products and services) you submit to any

public areas of the Site (such as comments, bulletin boards, forums

and newsgroups) or by e-mail to info@fineartmagazine.com by all

means and in any media now known or hereafter developed. You also

grant to the Author the right to use your name in connection with the

submitted materials and other information as well as in connection

with all advertising, marketing and promotional material related

thereto. You agree that you shall have no recourse against the Author

for any alleged or actual infringement or misappropriation of any

proprietary right in your communications to the Author.

used, the Author is doing so according to fair dealing practices. Use

of material from this Site, according to fair dealing practices,

requires proper acknowledgment. SIMPLY LINKING BACK TO THE SITE IS NOT

CONSIDERED PROPER ACKNOWLEDGMENT. PROVIDE A LINK, INCLUDING THE

AUTHOR'S NAME, THE NAME OF THE PAGE, AND A PERMANENT LINK TO THE URL

("PERMALINK") TO THAT PAGE.

TRADEMARKS: Publications, products, content or services referenced

herein or on the Site are the exclusive trademarks or servicemarks of

Fineartmagazine.com Other product and company names mentioned in

the Site may be the trademarks of their respective owners.

2. Use of the Site.

You understand that, except for information, products or services

clearly identified as being supplied by Fineartmagazine.Com, that

the Author does not operate, control or endorse any information,

products or services on the Internet in any way. Except for

Fineartmagazine.com — identified information or products and

services offered through the Site, or on the Internet, are generally

offered by third parties that are not affiliated with

Fineartmagazine.com. You also understand that the Author cannot and

does not guarantee or warrant that files available for downloading

through the Site will be free of infection or viruses, worms, Trojan

horses or other code that manifest contaminating or destructive

properties. You are responsible for implementing sufficient procedures

and checkpoints to satisfy your particular requirements for accuracy

of data input and output, and for maintaining a means external to the

Site for the reconstruction of any lost data.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND

THE INTERNET. The Author PROVIDES THE SITE AND RELATED INFORMATION "AS

IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES,

REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT

LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED

WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE)

WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE

PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND the

Author SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER

DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR

RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS

OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION

PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. The Author

DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE

OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS

UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE

OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. The

Author HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER

FOR SUCH MATERIALS.

3. Site Content.

All of the Site's content, EXCEPT FOR COMMENTS, GUEST POSTS AND

INTERVIEWS, constitute the opinion of the Author, and the Author

alone; they do not represent the views and opinions of the Author’s

employers, supervisors, or assigns, nor do they represent the view of

organizations, businesses or institutions the Author is affiliated

with. This Site is written in English, which is the Author's first

language. The content of this Site is not intended to cause harm.

Disagreeing with the content of the Site does not constitute

sufficient ground for you to ask the Author to remove or modify any

parts of this Site. The Author is not being paid to write content,

manage or in any way operate this Site. The Author makes no guarantee

regarding the validity of the content of the Site. Concerns regarding

the content of the Site should be directed to the Author at

info@fineartmagazine.com.

The Author does not guarantee that the Site will be accessible at all

times or during any down time caused by (i) outages to any public

Internet backbones, networks or servers; (ii) any failures of your

equipment, systems or local access services; (iii) previously

scheduled maintenance; or, (iv) relating to events beyond the Author’s

control such as strikes, riots, fires, floods, explosions, war,

terrorism, governmental action, labour conditions, natural and/or

man-made disasters, or interruptions in Internet services to an area

where the Author or your servers are located.

COMMENTS: The Author is not responsible for the content of any

comments made by the Commenter(s). The Author is also not responsible

for knowing whether the content of your comment is breaking the law in

other countries or jurisdictions. This Site is a venue for discussion;

therefore, the Author will not delete critical comments, or comments

portraying a different opinion from the Author’s own. However, the

Author reserves the right to edit, delete, or not publish a comment

deemed to be potentially illegal (this includes, but it is not limited

to comments containing hateful, libelous, and defamatory content). All

comments on this site have to be written in English. Please do not

endanger yourself or break the law when you comment. Comments

intending to advertise and/or off-topic (”SPAM“) will be deleted. The

Author also reserves the right to block Commenter(s) who have

previously published offensive comments, illegal content, or SPAM. The

Author makes no guarantee to the Commenter that its comments or

trackbacks will be displayed promptly, without modifications, or that

they will be displayed at all, as all comments will be published to

the discretion of the Author.

PRIVACY: When you leave a comment, the Author is automatically

notified and receives IP, WHOIS, and e-mail information pertaining to

the Commenter. This information is not stored by the Author for

purposes other than to moderate comments. This information is not

being sold or used for other purposes. If you have concerns with the

way this information is used, please contact the Author directly to

arrange for complete removal of this information. Removal of all

personal information will result in the removal of any content the

Commenter might have contributed to this Site, including comments.

This Site is hosted in Suffolk County, New York, USA. Be aware that laws regarding

personal information and privacy may differ from your location.

4. Forbidden Actions.

You are not authorized (i) to use this Site to advertise products of

any kind and or that of other Sites; (ii) to infringe the Copyright

Policy and Comment Policy of this Site; (iii) to attack this Site

using malicious software and/or use this Site for data mining (iv) to

commit any illegal actions while using the Site, or against this Site;

(v) to restrict access to this Site; (vi) to impede the normal

functioning of this Site; or, (vii) to menace the Author with, or

cause physical or financial harm to, the Author of this Site.

5. Limitation of Liability.

IN NO EVENT WILL the Author BE LIABLE FOR (I) ANY INCIDENTAL,

CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO,

DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS

OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY

TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON

THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH

INFORMATION OR SERVICE. EVEN IF the Author OR HER AUTHORIZED

REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,

OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER

INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED

THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR

LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE

ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, the Author's

LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

UNDER THIS AGREEMENT, THE AUTHOR’S LIABILITY FOR ANY CLAIM IS LIMITED

TO THE GROSS MONTHLY AMOUNT PAID BY THE AUTHOR FOR HOSTING SERVICES

DURING THE ONE MONTH PERIOD IMMEDIATELY FOLLOWING THE DATE OF THE

CLAIM. Each party acknowledges that the other party has entered into

this Agreement relying on the limitations of liability stated herein

and that those limitations are an essential part of the Agreement.

Without limiting the foregoing, the Author shall not have any

liability for any failure or delay resulting from any condition beyond

the reasonable control of the Author, including but not limited to

governmental action, labour conditions, power failures, natural and/or

man-made disasters.

The Author is not liable for the content of any comments the Commenter

might leave on this Site.The Author is not responsible for the outcome

of you contacting any other Web site, which you may access through

this one or which may link to this Site. FineArtMagazine.com is

independent of all other Web sites other than those developed by the

Author.

6. Indemnification.

You agree to indemnify, defend and save harmless the Author, her

officers, directors, employees, agents, licensors, suppliers and any

third party information providers to the Site, and assigns from and

against all losses, expenses, damages and costs, including reasonable

attorneys' fees, resulting from any violation of this Agreement

(including negligent or wrongful conduct) by you or any other person

accessing the Site.

7. Third Party Rights.

The provisions of paragraphs 2 (Use of Site), and 6 (Indemnification)

are for the benefit of the Author, her officers, directors, employees,

agents, licensors, suppliers, and any third party information

providers to the Service. Each of these individuals or entities shall

have the right to assert and enforce those provisions directly against

you on its own behalf.

8. Miscellaneous.

This Agreement shall all be governed and construed in accordance with

the laws of New York State , applicable to agreements made and to be performed

in the United States. You agree that any legal action or proceeding between the

Author and you for any purpose concerning this Agreement or the

parties' obligations hereunder shall be brought exclusively in New York State and under US Federal Law . Any cause of action or claim you may have with respect to the

Site must be commenced within six months, after the claim or cause of

action arises or such claim or cause of action is barred. The Author's

failure to insist upon or enforce strict performance of any provision

of this Agreement shall not be construed as a waiver of any provision

or right. Neither the course of conduct between the parties nor trade

practice shall act to modify any provision of this Agreement. The

Author may assign its rights and duties under this Agreement to any

party at any time without notice to you.

9. Termination.

This Agreement may be terminated by either party without notice at any

time for any reason. The provisions of paragraphs 1 (Copyright,

Licenses and Idea Submissions), 2 (Use of Site), 6 (Indemnification),

7 (Third Party Rights) and 8 (Miscellaneous) shall survive any

termination of this Agreement.

10. Applicable Laws; Venue.

The Author operates the Site from New York, USA, and makes no

representations that materials in the Site are appropriate or

available for use in other locations. Access to the Site from any

location where the content is illegal is prohibited. Any claim related

to the use of the Site or to the Site materials shall be governed by

the laws of New York State. Any action related to the access, use,

content, or existence of this Site shall be filed only in the

appropriate court located within Suffolk County, New York. The use of this Site

constitutes your express permission and consent to the jurisdiction of

the provincial and/or federal courts of New York State for purposes of

such actions.

11. Legal Notices and Contact Information.

No class action suit will be brought against Fineartmagazine.Com, Sunstorm Arts Publishing Co . Inc.

Statute of limitations. You agree that to file any claim regarding any aspect of this site and these Terms of Service with in six months during the time of your claim began , or you agree to waive your claim.

or the Author, you are required to contact the Author within TEN (10)

BUSINESS DAYS before any legal claim is made to:

Fineartmagazine.com , PO Box 404 Center Moriches, NY 11934