AGREEMENT

 

Last Updated:  December 15, 2020

 

WELCOME to Youngstars Art Gallery, Inc. for The Next Generations and Source of Funds, excited to share with the nonprofit global community.  Please take the time to read the Terms and Conditions carefully.    At your discretion, you may accept or decline.  Thank you in advance for your time and consideration.

 

Your Acceptance

 

BY USING AND/OR VISITING THIS WEBSITE (YoungstarsArtGallery.org or “Website”), INCLUDING ALL CONTENT AVAILABLE THROUGH THE YoungstarsArtGallery.org DOMAIN NAME, YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the “Terms of Service”) AND THE TERMS AND CONDITIONS OF YoungstarsArtGallery.org PRIVACY POLICY, WHICH ARE PUBLISHED AT YoungstarsArtGallery.org, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the YoungstarsArtGallery.org website.

 

The Website

 

These Terms and Conditions apply to all users of the YoungstarsArtGallery.org, including users who are also contributors of content, product, information, and other materials or services on the Website.  YoungstarsArtGallery.org may contain links to third party websites that are not owned or controlled by YoungstarsArtGallery.org.  YoungstarsArtGallery.org has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, YoungstarsArtGallery.org will not and cannot censor or edit the content of any third party site. By using the Website, you expressly relieve YoungstarsArtGallery.org from any and all liability arising from your use of any third party website. Accordingly, we encourage you to be aware when you leave the YoungstarsArtGallery.org and to read the terms and conditions and privacy policy of each other website that you visit.

 

All Materials are protected and prohibits the use of any and all materials, data and text:

 

  • No Copying

  • No Distribution

  • No Displays

  • No Publication

  • No Modification

  • No Exploitation

  • All Art is sold “As Is”

  • All Art is sold “As Available”

  • No resale or commercial use

  • No Warranties, except Limited Warranty of Merchantability for a particular purpose or infringement

  • YoungstarsArtGallery.org will post all updates, corrections and / or changes on the web site or email.

  • Foreign sales must be approved with  YoungstarsArtGallery.org  before purchase.

  • Youngstars Art Gallery, Inc. does not warrants or represents e-mails, web site servers or Third Parties.

  • YoungstarsArtGallery.org is free of “known” viruses and other scams.

  • YoungstarsArtGallery.org may modify this Agreement at any time.  Such Modifications will be effective immediately.

 

Website Access

 

     YoungstarsArtGallery.org hereby grants you

          permission to use the  Website as set forth in

          this Terms and Conditions, provided               

          that:

          you will not copy or distribute any part of the Website in     

                    any medium without YoungstarsArtGallery.org prior

                    written authorization;

               you will not alter or modify any part of the Website other than as

                    may be reasonably necessary to use the Website for its intended purpose;

               you will otherwise comply with the terms of Service of these Terms and Conditions.

 

In order to access some features of the Website, you may have to

create an account. You may never use another’s account without

permission. When creating your account, you must provide accurate

and complete information. You are solely responsible for the activity

that occurs on your account, and you must keep your account

password secure. You must notify YoungstarsArtGallery.org

immediately of any breach of security or unauthorized use of your

account. Although YoungstarsArtGallery.org will not be liable for

your losses caused by any unauthorized use of your account, you may

be liable for the losses of YoungstarsArtGallery.org or others due

to such unauthorized use.

 

You agree not to use or launch any automated system, including

without limitation, “robots,” “spiders,” “offline readers,” etc., that

accesses the Website in a manner that sends more request messages

to the YoungstarsArtGallery.org servers in a given period of time

than a human can reasonably produce in the same period by using a

conventional on-line web browser.  Notwithstanding the foregoing,

YoungstarsArtGallery.org grants the operators of public search

engines permission to use spiders to copy materials from the site for

the sole purpose of creating publicly available searchable indices of

the materials, but not caches or archives of such materials.

YoungstarsArtGallery.org reserves the right to revoke these

exceptions either generally or in specific cases. You agree not to

collect or harvest any personally identifiable information, including

account names, from the Website, nor to use the communication

systems provided by the Website for any commercial solicitation

purposes.

 

Intellectual Property Rights

 

     The content on the YoungstarsArtGallery.org Website, except all User

          Submissions (as defined below), including without limitation, the text,

          software, scripts, graphics, photos, sounds, music, videos, interactive

          features and the like (“Content”) and the trademarks, service marks

          and logos contained therein (“Marks”), are owned by or licensed to  

          YoungstarsArtGallery.org, subject to copyright and other intellectual  

          property rights under United States and foreign laws and international    

          conventions.  This includes but is not limited to

 

  • Software

  • Documentation

  • Electronic text

  • Image files

  • Reproductions of Art

  • Photographs / Clipart 

  • Including, (the “Licensed Works”) Reproduction of Works of Third

     Parties

  • Graphics (electronically or in print)

  • Logos

  • Button icons

  • Digital downloads

  • Data compilations

  • And any other information contained at YoungstarsArtGallery.org

    Content on the Website is provided to you AS IS for your information and 

     personal use only and may not be used, copied, reproduced, distributed

     transmitted, broadcast, displayed, sold, licensed, or otherwise exploited

     for any other purposes whatsoever without the prior written consent of the

     respective owners.  YoungstarsArtGallery.org reserves all rights not

     expressly granted in and to the Website and the Content. You agree to not

     engage in the use, copying, or distribution of any of the Content other than

     expressly permitted herein.

 

     YoungstarsArtGallery.org does not have copyrights to all Third Parties (the

     “Licensed Works”), which, are collectively herein as Material(s).  The

     individuals and / or entities may have Copyright and other proprietary

     rights to protect their Material(s).

 

User Submissions

 

     The YoungstarsArtGallery.org Website may now or in the future permit the

     submission of product(s) or other content submitted by you and other

     users (“User Submissions”) and the hosting, sharing, and / or publishing of

     such User Submissions. You understand that whether or not such User

     Submissions are published, YoungstarsArtGallery.org

     does not guarantee any confidentiality with respect to any submissions.

 

     You shall be solely responsible for your own User Submissions and the

     consequences of posting or publishing them. In connection with User

     Submissions, you affirm, represent, and / or warrant that you own or have

     the necessary licenses, rights, consents, and permissions to use and

     authorize YoungstarsArtGallery.org to use all patent, trademark, trade

     secret, copyright or other proprietary rights in and to any and all User

     Submissions to enable inclusion and use of the User Submissions in the

     manner contemplated by the Website and these Terms of Service.

 

    YoungstarsArtGallery.org does not claim ownership of User Submissions.  

     However, with respect to User Submissions or content you make available

     for inclusion on publicly accessible areas of the Service,

you grant YoungstarsArtGallery.org, royalty-free and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content on the Service in connection with the YoungstarsArtGallery.org business, including without limitation for promoting and redistributing part or all of the

YoungstarsArtGallery.org (and derivative works thereof) in any media formats. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or YoungstarsArtGallery.org removes such Content from the Service.

     In connection with User Submissions, you further agree that you will

          not:

               submit material that is copyrighted, protected by trade secret or

                    otherwise subject to third party proprietary rights, including

                    privacy and publicity rights, unless you are the owner of such

                    rights or have permission from their rightful owner to post the

                    material and to grant YoungstarsArtGallery.org all of the

                    license rights granted herein; (ii) publish falsehoods or

                    misrepresentations that could damage

                    YoungstarsArtGallery.org or any third party;

               submit material that is unlawful, obscene, defamatory, libelous,

                    threatening, pornographic, harassing, hateful, racially or

                    ethnically offensive, or encourages conduct that would be

                    considered a criminal offense, give rise to civil liability,

                    violate any law, or is otherwise inappropriate;

               post advertisements or solicitations of business;

               impersonate another person.

     YoungstarsArtGallery.org does not endorse any User Submission

     or any comment, opinion, recommendation, or advice expressed

     therein, and YoungstarsArtGallery.org expressly disclaims any

     and all liability in connection with User Submissions.

     YoungstarsArtGallery.org does not permit copyright infringing

     activities and infringement of intellectual property rights on its Website,

     and will remove all Content and User Submissions if properly notified

     that such Content or User Submission infringes on another’s

     intellectual property rights.

     YoungstarsArtGallery.org reserves the right to remove Content

     and User Submissions without prior notice.

     YoungstarsArtGallery.org will also terminate a User’s access to

     it’s Website, if they are determined to be a repeat infringer. A repeat

     infringer is a User who has been notified of infringing activity more

     than twice and / or has had a User Submission removed from the

     Website more than twice. YoungstarsArtGallery.org also reserves

     the right to decide whether Content or a User Submission is

     appropriate and complies with these Terms and Conditions for

     violations other than copyright infringement and violations of

     intellectual property law, such as, but not limited to, pornography,

     obscene or defamatory material, or excessive length.

     YoungstarsArtGallery.org may remove such User Submissions

    And / or terminate a User’s access for uploading such material in

     violation of these Terms of Service at any time, without prior notice

     and at its sole discretion.

 

     In particular, if you are a copyright owner or an agent thereof and

     believe that any User Submission or other content infringes upon your

     copyrights, you may submit a notification pursuant to the Digital

     Millennium Copyright Act (“DMCA”) by providing our Copyright Agent

     with the following information in writing (see 17 U.S.C 512(c)(3) for

     further details):

               A physical or electronic signature of a person authorized to act

                    on behalf of the owner of an exclusive right that is allegedly

               Identification of the copyrighted 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;

               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 the service provider to locate

                    the material;

               Information reasonably sufficient to permit the service provider

                    to contact you, such as an address, telephone number, and,

                    if available, an electronic mail;

               A statement that you have 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;

               A statement that the information in the notification is accurate,

                    and under penalty of perjury, that you are authorized to act

                    on behalf of the owner of an exclusive right that is allegedly

                    infringed.

     You understand that when using YoungstarsArtGallery.org, you

     will be exposed to User Submissions from a variety of sources, and

     that YoungstarsArtGallery.org is not responsible for the accuracy,

     usefulness, safety, or intellectual property rights of or relating to such

     User Submissions. You further understand and acknowledge that you

     may be exposed to User Submissions that are inaccurate, offensive,

     indecent, or objectionable, and you agree to waive, and hereby do

     waive, any legal or equitable rights or remedies you have or may have

     against YoungstarsArtGallery.org with respect thereto, and

     agree to indemnify and hold YoungstarsArtGallery.org, its

     agree to indemnify and hold YoungstarsArtGallery.org, its

     Owners / Operators, affiliates, and / or licensors, harmless to the fullest

     extent allowed by law regarding all matters related to your use of the

     site.

 

Website User

 

Only Non-commercial education purposes may utilize “fair use” of the Site’s

     copyright materials for teaching, scholarships, research, criticism,

     commentary and news reporting.  Users are permitted to download, print

     text, data, images, and any other information contained in the Site, without

     a prior written approval.  But, users must cite the author, the source and

     the URL https://www.YoungstarsArtGallery.org.  Users must express

     written notice to third party Materials.   YOUNGSTARS ART GALLERY, INC.

     will not infringe on the protected rights of the third parties Materials

     displayed on the Site.

 

     All other parties wishing to use the Materials on the Site, must by law,

     request and receive prior written approval.  These devices may not be

     used, of any kind, personal web pages, multimedia presentations, CD

     ROM, or web clip-art collections.  Users must contact YOUNGSTARS

     ART GALLERY, INC. at (214) 772-7610 or email at

     info@YoungstarsArtGallery.org for a prior written approval.  Each case is

     reviewed and approved, based upon the purpose and nature of the

     request.  There may be a usage fee included.

 

     Do not imply, represent of any kind on Trademarks, Service marks or

     loops (Collectively), displayed on the Site.

 

     If you receive a different product than ordered, immediately return the

     product in its original condition.  YOUNGSTARS ART GALLERY, INC. will

     make every attempt to correct the order to your satisfaction

 

     If YoungstarsArtGallery.org misprice an item, one of the two

     corrections will occur: 

               (1)      YOUNGSTARS ART GALLERY, INC. will credit or return the

                          overpayment and ship the product to the purchaser, or

               (2)       YOUNGSTARS ART GALLERY, INC. will request from the

                           purchaser, the difference owed, before the item is shipped.

 

     If the item does not meet the description shown in  the gallery, the

     purchaser may return:

     

               (1)       First, contact YOUNGSTARS ART GALLERY, INC., either by

                           email info@YoungstarsArtGallery.org, or contact by

                           telephone (214) 772-7610 within 48 hours

               (2)       YOUNGSTARS ART GALLERY, INC. will confirm notice of receipt

                         and give the purchaser further instructions.

 

          The purchaser is responsible for maintaining the confidentiality of their

          account information, password, access to their computer and any other

          person accessing their computer.

 

          Parent or Guardian must purchase items for children under the legal

          age of 18, due to credit card use.

 

          Web site users are welcome to submit suggestions, questions,

          comments, reviews, and other communications at

          info@YoungstarsArtGallery.org.  The content must not be illegal,

          threatening, obscene, defamatory, invasive of privacy, belittling

          property rights, “scam”, chain letters, viruses, political, or solicitations.

 

          For Agreement modifications, the user is responsible for reviewing

          periodically this Agreement to be aware of updates, corrections and /

          or changes.  To continue access and use of the site shall be deemed

          your conclusive acceptance of the modified Agreement.

 

Return / Exchange Policy

 

          If you receive a different product than ordered, immediately return the

          product in its original condition.  YOUNGSTARS ART GALLERY, INC. will

          make every attempt to correct the order to your satisfaction.

 

          If YoungstarsArtGallery.org misprice an item, one of the two

          corrections will occur: 

               (1)       YOUNGSTARS ART GALLERY, INC. will credit or return the

                          overpayment and ship the product to the purchaser, or

               (2)       YOUNGSTARS ART GALLERY, INC. will request from the

                           purchaser, the difference owed, before the item is shipped.

 

             If the item does not meet the description shown in the gallery, the

          purchaser may return:

               (1)       First, contact YOUNGSTARS ART GALLERY, INC., either by

                          email info@YoungstarsArtGallery.org, or contact by

                         telephone (214) 772-7610 within 48 hours

               (2)       YOUNGSTARS ART GALLERY, INC. will confirm notice of receipt

                          and give the purchaser further instructions.

 

Limitation of Liability

 

          You agree that your use of YoungstarsArtGallery.org shall be at your

               sole risk.  To the fullest extent permitted by law,

               YoungstarsArtGallery.org, its officers, directors, employees,  

               and agents disclaim all warranties, express or implied, in

               connection with the website and your use thereof. 

               YoungstarsArtGallery.org makes no warranties or representations

               about the accuracy or completeness of user submissions and this

               site’s content or the content of any sites linked to this site and

               assumes no liability or responsibility for any errors, mistakes, or

               inaccuracies of content, personal injury or property damage, of any

               nature whatsoever, resulting from your access to and use of our

               website. Any unauthorized access to or use of our secure servers

               and / or any and all personal information and / or financial

               information stored therein, any interruption or cessation of

               transmission to or from our website, any bugs, viruses, Trojan

               Horses, or the like which may be transmitted to or through our

               website by any third party, and / or any errors or omissions in any

               content or for any loss or damage of any kind incurred as a result of

               the use of any content posted, emailed, transmitted, or otherwise

               made available via YoungstarsArtGallery.org.

 

               YoungstarsArtGallery.org does not warrant, endorse, guarantee, or

               assume responsibility for any product or service advertised or

               offered by a third party through

               YoungstarsArtGallery.org in all fashions. 

               YoungstarsArtGallery.org is in no way responsible for monitoring

               any transactions between you and any third-party providers

               accessed through YoungstarsArtGallery.org.  You should use your

               best judgment and exercise caution when accessing third party

               websites. 

 

               The foregoing limitation of liability shall apply to the fullest extent

               permitted by law in the applicable jurisdiction.  You specifically

               acknowledge that YoungstarsArtGallery.org shall not be liable for

               user submissions or the defamatory, offensive, or illegal conduct of

               any third party and that the risk of harm or damage from the

               foregoing rests entirely with you.  The Website is controlled and

               offered by YoungstarsArtGallery.org from its facilities in the United

               States of America.  Those who access or use the

               YoungstarsArtGallery.org from other jurisdictions do so at their own

               volition and are responsible for compliance with local law.

 

Indemnity

 

     You agree to defend, indemnify and hold harmless

     YoungstarsArtGallery.org, its officers, directors, employees, and

     agents, from and against any and all claims, damages, obligations,

     losses, liabilities, costs or debt, and expenses (including but not limited

     to attorney’s fees) arising from:

     your use of and access to YoungstarsArtGallery.org;

     your violation of any term of these Terms and Conditions;

     your violation of any third party right, including without limitation any

          copyright, property, or privacy right;

     any claim that one of your User Submissions caused damage to a third

          party. This defense and indemnification obligation will survive

          Terms and Conditions and your use of

          YoungstarsArtGallery.org.

 

Ability to Accept Terms of Service

 

     You affirm that you are either more than 18 years of age, or an

     emancipated minor, or possess legal parental or guardian consent, and

     are fully able and competent to enter into the terms, conditions,

     obligations, affirmations, representations, and warranties set forth in these

     Terms of Service, and to abide by and comply with these Terms of

     Service. In any case, you affirm that you are over the age of 13, as

     YoungstarsArtGallery.org is not intended for children under 13. If you are

     under 13 years of age, then please do not use

     YoungstarsArtGallery.org — there are lots of other great web sites for you.

     Talk to your parents or guardians about what sites are appropriate for you.

 

Assignment

 

     These Terms of Service, and any rights and licenses granted hereunder,

     may not be transferred or assigned by you, but may be assigned by

     YoungstarsArtGallery.org without restriction.

 

General

 

These Terms and Conditions shall be governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. Any claim or dispute between you and YoungstarsArtGallery.org that arises in whole or in part from the YoungstarsArtGallery.org Website shall be decided exclusively by a court of competent jurisdiction located in Dallas, Dallas County, Texas. These Terms of Service, together with the Privacy Policy at
YoungstarsArtGallery.org, and any other legal notices published by
YoungstarsArtGallery.org on the Website, shall constitute the entire agreement between you and YoungstarsArtGallery.org concerning the
YoungstarsArtGallery.org Website. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and
YoungstarsArtGallery.org failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. YoungstarsArtGallery.org reserves the right to amend these Terms and Conditions at any time and without notice, and it is your responsibility to review