STARVED ARTISTS SITE USAGE AGREEMENT
AVAILABILITY OF THE SERVICES
goods or services from STARVED ARTISTS through our website, so you should take
the time to read and understand them. We encourage you to print out a copy
of this entire document and refer to it as you use the Services.
IMPORTANT: PLEASE READ THESE TERMS CAREFULLY, SINCE YOUR USE OF ANY OF
THE SERVICES CONSTITUTES ACCEPTANCE OF THESE TERMS AND CREATES A BINDING
LEGAL AGREEMENT. YOU MUST ACCEPT THESE TERMS IF YOU WISH TO USE ANY OF THE
SERVICES. IF YOU CHOOSE TO ACCEPT THESE TERMS, YOU MUST DO SO AS THEY ARE
PRESENTED TO YOU; NO CHANGES (ADDITIONS OR DELETIONS) WILL BE ACCEPTED BY
STARVED ARTISTS may change, add or remove any part of these Terms at any time.
If it does so, STARVED ARTISTS will post such changes on http://www.StarvedArtists.com/siteusage.htm.
IF ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE USING
THE SERVICES. YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING
OF NOTICE OF ANY SUCH CHANGES, WILL INDICATE YOUR ACCEPTANCE OF THE TERMS AS
THEY MAY BE CHANGED.
To use any of the Services, you must be at least 18 years old. If you are not
yet 18 years old, you may still use the Services, but only if the account you
are using was created and registered by your parent or legal guardian.
While STARVED ARTISTS will make all reasonable efforts to ensure that the Services
are available at all times, STARVED ARTISTS does not guarantee, represent or
warrant that your access to any of the Services will be uninterrupted or error-free.
In addition, while STARVED ARTISTS makes reasonable efforts to ensure that all
Content and/or information submitted by you to STARVED ARTISTS will be secure,
STARVED ARTISTS does not guarantee that the Services will be free from loss,
corruption, attack, viruses, interference, hacking or other security intrusions.
You should be sure to back up your own system periodically to ensure that all
Content is available to you in the event of any loss or damage. STARVED ARTISTS
may change, suspend or discontinue any of the Services at any time. STARVED ARTISTS
may also impose limits on the use of or access to certain features or portions
of the Services, in any case without notice or liability.
ACCEPTABLE USE GUIDELINES
There are rules and standards that you must abide by in connection with your
use of the Services. As a user of any of the Services, you agree to comply
with the guidelines set forth in these Terms, and you acknowledge that STARVED
ARTISTS has the right to enforce those guidelines as it deems appropriate
in its sole discretion. This means that if you, or anyone using your account
or identifying information, violate these Terms, STARVED ARTISTS may take
any and all actions -- from the issuance of a warning to terminating your
right to use the Services to cancellation of your order and involvement of
the appropriate authorities -- that STARVED ARTISTS deems necessary or appropriate.
STARVED ARTISTS is not required to provide notice prior to terminating your
right to use the Services for violating these Terms, but it may choose to
STARVED ARTISTS reserves the right to cooperate with law enforcement authorities,
including complying with warrants, court orders and subpoenas, in connection
with the Services and/or any information or content submitted by you to STARVED
ARTISTS in connection with your use of the Services. If STARVED ARTISTS decides
to investigate or resolve possible misuse involving you or any information
or any content you submit to STARVED ARTISTS with respect to your use of the
Services, STARVED ARTISTS is entitled to disclose any information about you
and any such information, including the content, to law enforcement or other
government officials, as STARVED ARTISTS, in its sole discretion, believes
to be necessary or appropriate.
BY USING THE SERVICES, YOU AGREE TO WAIVE ANY CLAIMS YOU MAY HAVE AGAINST STARVED
ARTISTS, AND TO HOLD STARVED ARTISTS HARMLESS AND INDEMNIFY STARVED ARTISTS
WITH RESPECT TO ANY CLAIMS RELATING TO ANY ACTION TAKEN BY STARVED ARTISTS
AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREMENT OR AS
A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS
OCCURRED. THIS MEANS THAT YOU CANNOT SUE STARVED ARTISTS OR RECOVER ANY DAMAGES
WHATSOEVER FROM STARVED ARTISTS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE
TO PROCESS ANY INFORMATION OR CONENT, TO WARN YOU, TO SUSPEND OR TERMINATE
YOUR ACCESS TO THE SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION
OF A SUSPECTED VIOLATION OR AS A RESULT OF STARVED ARTISTS'S CONCLUSION THAT
A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION
APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS
AT YOUR SOLE RISK. THE SERVICES AND ALL PRODUCTS AND SERVICES DELIVERED TO
YOU THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY STARVED ARTISTS)
PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE
EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL STARVED ARTISTS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES,
AGENTS OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR
ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES. BECAUSE SOME
STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, STARVED
ARTISTS'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
STARVED ARTISTS may send you notices with respect to the Services by sending
an e-mail message to the email address listed in your STARVED ARTISTS ID
contact information or by sending a letter via postal mail to the contact
address listed in your STARVED ARTISTS ID contact information.
You agree that these Terms are not intended to confer and do not confer any
rights or remedies upon any person other than you, as a user of the Services,
and STARVED ARTISTS.
If any part of these Terms is held invalid or unenforceable, that portion shall
be construed in a manner consistent with applicable law to reflect, as nearly
as possible, the original intentions of the parties, and the remaining portions
shall remain in full force and effect. STARVED ARTISTS's failure to enforce
any right or provisions in these Terms will not constitute a waiver of such
provision, or any other provision of these Terms. The laws of the State of
California, excluding its conflicts of law rules, govern these Terms and your
use of the Services. Your use of the Services may also be subject to other
local, state, national, and international laws. You expressly agree that exclusive
jurisdiction for any claim or dispute with STARVED ARTISTS regarding or relating
in any way to your use of the Services resides in the courts of the State of
SPECIAL PROVISIONS FOR PARTICULAR SERVICES
STARVED ARTISTS does not guarantee or warrant that any photos, digital images
or text (collectively, "Content") you send to STARVED ARTISTS for processing
through the Services will not be subject to inadvertent damage, corruption
or destruction. You are responsible for backing up, on your own computer, all
Content; STARVED ARTISTS will not be responsible for any archiving or back-up
of any Content. If any Content which is transmitted to STARVED ARTISTS is damaged,
lost or corrupted in any way, STARVED ARTISTS will have no obligation or liability
to you. You are solely responsible for your use of the Services, including
all Content you generate or forward to STARVED ARTISTS. STARVED ARTISTS is
not and will not be responsible for what is in any such Content.
Although STARVED ARTISTS encourages you to use the Services to express your
creativity, STARVED ARTISTS reserves the right to refuse to process any order
submitted by you containing Content that STARVED ARTISTS, in its sole discretion,
deems abusive, defamatory, obscene, in violation of copyright or trademark
laws, or otherwise offensive, illegal, inappropriate or unacceptable, including
any material STARVED ARTISTS believes may cause any liability for it under
any applicable law or regulation, or which may cause STARVED ARTISTS to lose
the services of any supplier may provide part of the Services. In particular,
STARVED ARTISTS reserves the right to refuse to process orders containing Content
which, in STARVED ARTISTS's sole opinion, contains expressions of abuse, offensive
language or images, obscenity or pornography (including but not limited to
child abuse or child pornography, and/or depictions of minors engaged in sexual
conduct or explicitly sexual situations).
By submitting Content to STARVED ARTISTS, you are representing that you are
the owner of such material, or have proper authorization from the owner of
the Content to distribute it. You hereby grant STARVED ARTISTS a worldwide,
royalty-free, non-exclusive license to use the Content for the limited purpose
of providing the Services, including posting Content submitted by you on our
servers for order tracking purposes. Said license will terminate upon fulfillment
of your order.