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Terms Of Use

ATTENTION: PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE VISITING OR USING THIS WEB SITE (“SITE”). THESE TERMS OF USE ARE A LEGAL AGREEMENT BETWEEN YOU AND US FOR YOUR USE OF THIS SITE.  BY ACCESSING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AS IF YOU HAD SIGNED YOUR NAME ON A LEGAL CONTRACT. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT VISIT OR USE THIS SITE.

 

THESE TERMS OF USE MAY BE UPDATED BY US FROM TIME TO TIME WITHOUT NOTICE TO YOU.  IT IS YOUR RESPONSIBILITY TO PERIODICALLY REVIEW THESE TERMS OF USE.

 

Acceptance of Contract Terms. The Terms are a legal agreement between you, on the one hand, and us and our affiliates (collectively, “we” or “us” or other similar words), on the other hand. By accessing, visiting, browsing and/or using this Site, you acknowledge that you have read and understood the Terms, and that you agree to be bound by them. The material provided on this Site is protected by law, including, but not limited to, United States and countries’ copyright laws and international treaties. You represent and agree that you have the legal capacity and authority to accept these Terms on behalf of yourself and any party you represent. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT VISIT OR USE THIS SITE.

 

Use of Site. The contents of this Site are provided as a service by us solely for the lawful use for private, non-commercial viewing purposes only. We make no representation that this Site, or any materials or services at this Site, are appropriate or available in any particular location, and access to them from any territories where their contents are illegal is prohibited. Those who access this Site from other locations do so at their own risk and are responsible for compliance with all applicable laws including, without limitation, all local laws and regulations. We reserve the right in our sole and absolute discretion to modify this Site at any time without notice and to refuse or terminate access to this Site by you at any time. You acknowledge and agree to comply with all applicable laws and regulations.

 

No Unlawful or Prohibited Use. You will not use this Site for any purpose that is unlawful or prohibited by these Terms. You will not use this Site in any manner that could damage, disable, overburden, or impair any of our servers, or the network(s) connected to any of our servers, or interfere with any person’s or party’s use and enjoyment of this Site. You will not attempt to gain unauthorized access to any portion of this Site, or any information, servers, or networks relating to this Site, through hacking, password mining, or any other means. You will not obtain or attempt to obtain any information or materials through any means not intentionally made available by us on this Site.

 

COPYRIGHTS, TRADEMARKS AND RESTRICTIONS ™ INSIGHT ART GALLERY.  ALL RIGHTS RESERVED.  ALL CONTENT AND MATERIALS CONTAINED ON THIS SITE, INCLUDING BUT NOT LIMITED TO IMAGES, ILLUSTRATIONS, AUDIO, VIDEO, PHOTOGRAPHS, VISUALS, TEXT, GRAPHICS, IMAGES, LOGOS, ICONS, LOOK AND FEEL OF THE SITE, DESIGN AND ORGANIZATION OF THE SITE, CODE AND SOFTWARE (COLLECTIVELY, “THE MATERIALS”) ARE PROTECTED BY UNITED STATES AND INTERNATIONAL COPYRIGHT AND TRADEMARK LAWS AND CANNOT BE USED FOR ANY PURPOSE WHATSOEVER OTHER THAN PRIVATE, NON-COMMERCIAL VIEWING PURPOSES.  REPRODUCTION, COPYING, MODIFYING, MANIPULATING, ALTERING, EXPLOITATION, DOWNLOADING, UPLOADING, TRANSMISSIONS, PUBLICLY DISPLAY, CREATION OF DERIVATIVE WORKS BASED ON, CREATION OF COMPILATIONS, DUPLICATION, DISTRIBUTION, POSTING, REPOSTING, SCANNING, STORING IN OR INTRODUCING INTO A RETRIVAL SYSTEM, TRANSLATION, SELLING, LOANING, LEASING, RENTING, PUBLISHING, REPUBLISHING AND OTHER COPYING OR UNAUTHORIZED USE OF THE MATERIALS (OR ANY PORTION OF THE MATERIALS) CONTAINED ON THIS SITE, BY ANY MEANS WHATSOEVER, IS EXPRESSLY PROHIBITED.  THE CONTENT AND THE MATERIALS OF THIS SITE ARE NOT TO BE SOLD, TRADED, OR GIVEN AWAY.  AS BETWEEN YOU AND US, WE OWN, SOLELY AND EXCLUSIVELY, ALL RIGHTS, TITLE AND INTEREST IN AND TO THE SITE AND THE MATERIALS, INCLUDING BUT NOT LIMITED TO, ANY AND ALL COPYRIGHTS, TRADEMARK RIGHTS, PATENT RIGHTS, DATABASE RIGHTS, MORAL RIGHTS, SUI GENERIS RIGHTS AND ALL OTHER INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS THEREIN.  YOUR USE OF THE SITE DOES NOT GRANT TO YOU OWNERSHIP OF THE MATERIALS OR ANY CONTENT.  ANTHONY MICHAELS,  INSIGHT ART GALLERY ART, NAMES, SLOGANS AND CONTENT ARE TRADEMARKS, REGISTERED TRADEMARKS, TRADE NAMES, SERVICE MARKS, SERVICE NAMES AND/OR TRADE DRESS OF OURS IN THE UNITED STATES AND OTHER COUNTRIES.  PLEASE DO NOT PARTICIPATE IN OR ENCOURAGE PIRACY OF COPYRIGHTED OR TRADEMARKED MATERIALS IN VIOLATION OF THE RIGHTS OF THE OWNERS.

 

Limitation of Liability. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATING IN ANY WAY TO THE PERFORMANCE OF THIS SITE OR THE USE, THE INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE (OR ANY PART OF THIS SITE) INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO NEGLIGENCE, ERRORS, OMISSIONS, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUSES, DEFECTS, AND ALL OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, LOSS OF PROFIT OR BUSINESS INTERRUPTION) EVEN IF WE OR AN EMPLOYEE OR AGENT OF OURS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY AND ALL COSTS THEREOF. NOTWITHSTANDING THE FOREGOING, OUR TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES AND CAUSES OR ACTION INCLUDING, WITHOUT LIMITATION, THOSE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, RELATING TO THIS SITE OR YOUR USE OF THIS SITE (OR ANY PART OF THIS SITE) WILL NOT EXCEED THE AMOUNT YOU PAID US TO ACCESS THIS SITE.

 

Disclaimer of Warranties. THIS SITE (INCLUDING, WITHOUT LIMITATION, ALL MATERIALS AND SERVICES) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WE WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES OF ANY KIND RELATING TO THE USE OR PERFORMANCE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER DAMAGES. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, RELATING TO THIS SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS ABOUT THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULT OF USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THIS SITE OR ANY OTHER WEBSITES LINED TO OR FROM THIS SITE. NO ADVICE OF INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US WILL BE DEEMED TO ALTER THIS DISCLAIMER OR WARRANTY, OR TO CREATE ANY WARRANTY.

 

Links to Other Web Sites. We may provide links on this Site to other Web sites. If you use these links, you will leave this Site. You should assume that we have not reviewed all of these third-party sites, do not control, make no representations whatsoever (express or implied) and are not responsible for these linked sites, their content, any links contained in a linked site, or any changes or updates to such sites. We reserve the right to terminate any link at any time. You acknowledge and agree that we are not responsible or liable for the availability of such sites and are further not responsible or liable for the actions, products, or content of these sites, or of any other third parties. It is up to you to take precautions to ensure that whatever sites you choose to visit are free of such items as viruses, worms, Trojan horses and other items of a destructive nature. These links are provided solely as a convenience to you, and the inclusion of these links should not imply an endorsement by us of these other sites, or of the views, products, or services provided by these sites. You should carefully review the privacy statements and conditions of use of these other Web sites. If you decide to access any of the third-party Web sites linked on this Site, you do this entirely at your own risk.

 

Governing Law and Disputes.  You agree that regardless of where you reside or where your browser is physically located, your viewing and use of this Site occurs solely within the State of Arizona, U.S.A., and that all content and software and products will be deemed to have been served from, and performed wholly within the State of Arizona, U.S.A., as if you had physically traveled there to obtain such content.  You agree that this Site will only be construed and evaluated according to the laws of the State of Arizona, U.S.A., without regard to principles of conflicts of laws. These Terms are entered into and will be governed and construed by the laws of the State of Arizona as applied to agreements entered into and to be performed entirely within Arizona between Arizona residents, without regard to principles of conflict of laws.  Any dispute or legal proceeding arising out of any activity relating to this Site or these Terms of Use will be governed by the laws of the State of Arizona, U.S.A., without regard to principles of conflict of laws. You consent to exclusive jurisdiction and venue in the State of Arizona, U.S.A. for any dispute relating to these Terms or relating in any way to this Site.  These Terms of Use will not be governed by the United Nations Convention on Agreements for the International Sale of Goods, the application of which is expressly excluded.

 

Indemnification. You agree to defend, indemnify and hold harmless us and our officers, directors, shareholders, members, managers, owners, employees, contractors, agents, representatives, predecessors, successors in interest, subsidiaries and affiliates from and against any and all claims, demands, losses, liabilities, costs, and expenses (including attorneys’ fees) relating in any way to (1) your use of this Site, (2) any content you submit, post to or transmit to this Site, (3) your violation of any law, statute, ordinance, code, rule or regulation, (4) your violation of these Terms or (5) your violation of any rights of a third-party.

 

Entire Agreement. The Terms constitute the entire agreement between you and us and govern your use of this Site, superseding any prior agreements between you and us relating to your use of this Site.

 

Severability.  If any of these terms or conditions will be deemed invalid, illegal, or unenforceable, the validity, legality of the remaining provisions will not be affected or impaired in any way.

 

No Waiver.  Nor failure or delay by us in exercising any right, power or remedy under these Terms will constitute a waiver.

 

No Rule Of Strict ConstructionThe language of these Terms will be deemed to have been approved by both parties, and no rule of strict construction will be applied against either you or us.

 

Changes. We may modify, suspend, withdraw or discontinue, temporarily or permanently, this Site or any part of this Site, in whole or in part, at any time without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, withdrawal, revision, change or discontinuance of this Site or any part of this Site. We reserve the right to revise these Terms at any time without notice to you by updating this posting. By visiting this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to review the then-current Terms to which you are bound. Certain provisions of these Terms may be superseded by expressly designated legal terms or notices located on particular pages of this Site. We are under no obligation to update this Site.

 

Termination. You agree that we, in our sole and absolute discretion, may restrict or terminate your use or access to this Site (or any part of this Site) for any reason including, without limitation, that we believe you have violated or acted inconsistently with the spirit or letter of these Terms.

 

ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED