Internet Artist Guild Gallery™ Terms and Conditions

1. Definitions
" Internet Artist Guild Gallery™" is the interactive on-line service operated by Broadfoot Publishing Services.  "Internet Artist Guild Gallery™" is located on the World Wide Web of the Internet.  It consisting of information services and content provided by Internet Artist Guild Gallery™ members, affiliates of Internet Artist Guild Gallery™, and other third parties. "Subscriber" means each person who establishes or accesses a connection ("Account") for access to and use of Internet Artist Guild Gallery™.

2. General.
Internet Artist Guild Gallery™ shall have the right at any time to change or discontinue any aspect or feature of Internet Artist Guild Gallery™, including, but not limited to, content, hours of availability, and equipment needed for access or use.

3. Changed Terms.
Internet Artist Guild Gallery™ shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of Internet Artist Guild Gallery™, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Internet Artist Guild Gallery™, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of Internet Artist Guild Gallery™ by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.

4. Equipment.
Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of Internet Artist Guild Gallery™ and all charges related thereto. Connection to the Internet Artist Guild Gallery™ is via the subscribers own means and methods and are assumed to be made in a legal and authorized manner.

5. Subscriber Conduct.

(A) Subscriber shall use Internet Artist Guild Gallery™ for lawful purposes only. Subscriber shall not post or transmit through Internet Artist Guild Gallery™ any material which violates or infringes in any way upon the rights of others. Any conduct that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law will not be tolerated and will result in suspension or termination of the Subscriber's account without refund.

 (B) Subscriber shall not upload, post or otherwise make available on Internet Artist Guild Gallery™ any material protected by copyright, trademark, licensed or other proprietary right is not protected by copyright of the Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of Internet Artist Guild Gallery™, Subscriber automatically grants, or warrants that the owner has expressly granted Internet Artist Guild Gallery™ and Broadfoot Publishing Services the royalty-free, non-exclusive right and license to use the copyrighted works on the Internet Artist Guild Gallery™ website. All other rights of ownership reside with the Subscriber. Subscribers retain copyright of their works.

(C) Internet Artist Guild Gallery™ contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of Internet Artist Guild Gallery™ are copyrighted as a collective work under the United States copyright laws. Internet Artist Guild Gallery™ owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the expressed permission of Internet Artist Guild Gallery™ and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

6.   Monitoring.
Internet Artist Guild Gallery™ shall have the right and the obligation, to monitor the content of Internet Artist Guild Gallery™, including chat rooms, private messages, artwork and posts, writing, and forums, to determine compliance with this Agreement and any operating rules established by Internet Artist Guild Gallery™, and to satisfy any law, regulation or authorized government request.  Internet Artist Guild Gallery™ shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Internet Artist Guild Gallery™. Without limiting the foregoing, Internet Artist Guild Gallery™ shall have the right to remove any material that Internet Artist Guild Gallery™, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

7.   Indemnification.
Subscriber agrees to defend, indemnify and hold harmless Internet Artist Guild Gallery™, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of Internet Artist Guild Gallery™ by Subscriber or Subscriber's Account.

8.   Termination.
Either Internet Artist Guild Gallery™ or Subscriber may terminate this Agreement at any time.  Without limiting the foregoing, Internet Artist Guild Gallery™ shall have the right to immediately terminate Subscriber's Account in the event of any conduct by Subscriber which Internet Artist Guild Gallery™, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. The provisions of Sections 5, 8, 10 and Section 9 shall survive termination of this Agreement.

9. Third Party Content.
Internet Artist Guild Gallery™ is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, Internet Artist Guild Gallery™ has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of Internet Artist Guild Gallery™, are those of the respective author(s) or distributor(s) and not of Internet Artist Guild Gallery™. Neither Internet Artist Guild Gallery™ nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

In many instances, the content available through Internet Artist Guild Gallery™ represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with Internet Artist Guild Gallery™. Internet Artist Guild Gallery™ neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Internet Artist Guild Gallery™ by anyone other than authorized Internet Artist Guild Gallery™ employee spokespersons while acting in their official capacities. Under no circumstances will Internet Artist Guild Gallery™ be liable for any loss or damage caused by a Subscriber's reliance on information obtained through Internet Artist Guild Gallery™. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Internet Artist Guild Gallery™. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

10.  Third Party Sales.
Internet Artist Guild Gallery™ acts as a venue to allow anyone to offer, sell, and buy art and other goods, from anywhere, in a variety of pricing formats, including a fixed price format. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Because we are a venue, in the event that you have a dispute with one or more users, you release Internet Artist Guild Gallery™ (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

11.  Miscellaneous.
This Agreement and any operating rules for Internet Artist Guild Gallery™ established by Internet Artist Guild Gallery™ constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Illinois, without regard to its conflict of laws rules. No waiver by either party 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.

12.  Copyrights and Copyright Agent.

Internet Artist Guild Gallery™ respects the rights of all copyright holders and in this regard, Internet Artist Guild Gallery™ has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Internet Artist Guild Gallery™'s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. ¤ 512:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Internet Artist Guild Gallery™'s Copyright Agent for notice of claims of copyright infringement on or regarding this site can be reached as follows:

Copyright Agent
601 16th Street
Mendota, IL 61342

For any questions or requests other than copyright issues, please contact Internet Artist Guild Gallery™.