Terms of Agreement/Disclaimer

Posted 1/01/2008 by 8Track Honey in

Introduction. This agreement (“Agreement“) between You and “Art Star Blog” (“the Author“) consists of these “Art Star Blog” (the “the Blog“) Terms of Use (“Terms“). “You“, “Reader” or “Commenter” means any entity identified by its comments, e-mail, registration information or IP address. If You use “Art Star Blog” on behalf of your employer, organization or company, they shall also be bound by the terms of this Agreement.

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 other purposes 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 “Art Star Blog”, including comments.   “Art Star Blog” is hosted in Dallas Texas, United States of America. Be aware that laws regarding personal information and privacy may differ from Your location.

Blog content. All the contents of “Art Star Blog”, EXCEPT FOR COMMENTS, constitute the opinion of the Author, and the Author alone; they do not represent the views and opinions of the Author’s employers, supervisors, nor do they represent the view of organizations, businesses or institutions the Author is a part of. The Author is not a medical professional, and you should never substitute information from “Art Star Blog”  for information obtained from a licensed medical professional; always consult your doctor before using any prescription, drugs, supplements, or undergoing any treatments. This Blog is entirely written in English; each author is liable to each have a different first language. The content of “Art Star Blog”  is not intended to cause harm, but if You have any concerns about the contents of “Art Star Blog”, please contact the Author. Disagreeing with the content of “Art Star Blog” does not constitute sufficient ground for You to ask the Author to remove or modify any parts of “Art Star Blog”. The Author is not being paid to write content on this Blog or to manage and in any way operate this Blog.

Copyright policy. All logos and trademarks are property of their respective owners. You are not allowed to reproduce, sell, and modify any part of “Art Star Blog”. You are welcome to link to “Art Star Blog”, and to discuss its contents in a respectful manner. When You quote or link to “Art Star Blog”, please include “Art Star Blog’s”  name in your link. You are not authorized to use this content for personal profit. UNAUTHORIZED COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, POSTING, TRANSMITTING OR DUPLICATING OF ANY OF THE MATERIAL IS PROHIBITED. Use of material from “Art Star Blog” according to fair dealing practices requires proper acknowledgment. Simply linking back to “Art Star Blog”  is not considered proper acknowledgment; please provide a link including the Author’s name, the name of the page you are linking, and a permanent link (“Permalink“) to that page.

Comment policy. 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. “Art Star Blog” 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 if this is deemed to be potentially illegal (this includes, but it is not limited to comments containing hateful, libelous, and defamatory content). All comments on “Art Star Blog” 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.

Forbidden actions. You are not authorized to (i) use “Art Star Blog”  to advertise for products of any kind and for other Blogs, (ii) to infringe the Copyright policy and Comment policy of “Art Star Blog”, (iii) to attack “Art Star Blog” using malicious software and/or use “Art Star Blog” for data mining (iv) to commit any illegal actions while using “Art Star Blog”, or against “Art Star Blog”, (v) to restrict access to “Art Star Blog”, (vi) to impede the normal functioning of “Art Star Blog” and (vii) to menace the Author with, or cause physical or financial harm to, the Author of “Art Star Blog”.

Changes to the Terms. The Author reserves the right to change these Terms at any time. You will only be notified by “Art Star Blog” through posts or syndicated content (RSS), NOT IN PERSON. It is Your responsibility to make sure that you agree with the new Terms, whenever changes have been announced. Changes to the Terms will be effective 48 hours after the notice has been posted on “Art Star Blog”. If You do not agree with the Terms, DO NOT USE THIS BLOG.

No Guarantee. The Author makes no guarantee regarding the validity of the content of the“Art Star Blog” . In addition, the Author does not guarantee that “Art Star Blog” will be accessible at all times or during any down time (i) caused by outages to any public Internet backbones, networks or servers, (ii) caused by any failures of Your equipment, systems or local access services, (iii) for previously scheduled maintenance or (iv) relating to events beyond the Author’s control such as strikes, riots, fires, floods, explosions, war, terrorism, governmental action, labor conditions, natural and/or man-made disasters, or interruptions in Internet services to an area where the Author or Your servers are located. Although the Author will try to moderate comments quickly, 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.

No Warranty or Condition; Links. The Author makes NO WARRANTY OF ANY KIND. If you choose to access “Art Star Blog”, you do so AT YOUR OWN RISK. To the extent links and external content are based on or displayed in connection with “Art Star Blog”, THE AUTHOR SHALL NOT HAVE ANY LIABILITY IN CONNECTION WITH THE DISPLAY OF SUCH LINKS AND SEARCH RESULTS, whether this external content is breaking the law in this or other jurisdictions. YOU AGREE TO USE THE BLOG AT YOUR OWN RISK, and that You will not consider “Art Star Blog’s”  content to be a suitable substitute for professional advice.

Limitations of Liability. IN NO EVENT SHALL THE AUTHOR BE LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OR LOSSES, AND THE AUTHOR’S LIABILITY TO YOU UNDER THIS AGREEMENT 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, labor 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 “Art Star Blog” (see Comment policy).

Obligation to Indemnify. You agree to indemnify, defend and hold the Author, its agents, and applicable third parties (collectively “Indemnified Person(s)“) harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees, brought against any Indemnified Person(s), arising out of, related to or which may arise from Your use of  “Art Star Blog” and/or Your breach of any term of this Agreement.

Applicable Laws; Venue. The Author operates “Art Star Blog”  from Dallas Texas, The United States of America, and makes no representations that materials in “Art Star Blog”   are appropriate or available for use in other locations. Access to “Art Star Blog” from any location where the content is illegal is prohibited. Any claim related to the use of  “Art Star Blog” or to “Art Star Blog’s” materials shall be governed by the laws of Dallas Texas. Any action related to the access, use, content, or existence of  “Art Star Blog”  shall be filed only in the appropriate court located within Dallas city limits. The use of this Blog constitutes Your express permission and consent to the jurisdiction of the provincial and/or federal courts of the Dallas Texas  for purposes of such actions.

Legal notices and Contact information. If You are intending to carry out legal action of any kind against “Art Star Blog”  or the Author, you are required to contact the Author SEVEN BUSINESS DAYS before any legal claim is made. Please remember that the Author means to DO NO HARM to You or anyone else by writing “Art Star Blog”. If You feel that your rights have been infringed, please contact the Author, and allow seven business days for the reply to be received. The Author will do whatever possible to address Your concerns.

(Modified from: Writing a Blog Disclaimer)

Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 United States License.

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