PLEASE READ THESE TERMS AND CODITIONS OF USE CAREFULLY BEFORE USING THE WEB SITE.  By using this Web site, you signify your assent to these terms of use.  If you do not agree to these terms of use, please do not use the site.  We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at anytime.  Please check these terms periodically for changes.  Your continued use of the Web site following the posting of changes to these terms will mean you accept those changes.

RESTRICTIONS ON USE OF MATERIALS.  Unless otherwise noted, all materials including, but not limited to, news articles, descriptions, images, illustrations, designs, icons, photographs, video clips and audio clips that are part of the Web site (collectively, the “Content”) are protected by copyright and owned, controlled or licensed by Brent Baker Fine Art, Inc. LLC dba brentbakerstudio.com (“brentbakerstudio.com”), or the party credited as the provider of the Content.  You shall abide by all additional copyright notices, information or restrictions contained in any Content accessed through the Web site.

No Content from the Web site may be copied, reproduced, framed, hyperlinked, republished, downloaded, uploaded, posted, transmitted, or distributed in anyway; Copying or storing of any Content is expressly prohibited without prior permission from brentbakerstudio.com, or the copyright holder identified in the copyright holder identified in the copyright notice contained in the Content.

If you wish to build a hyperlink to the Web site, you may do so provided you agree to cease such link upon request from brentbakerstudio.com.  No other use is permitted without prior written permission of brentbakerstudio.com.

Use of any robot, spider, other automatic devices, or manual process to monitor or copy our Web site pages or the Content is strictly forbidden.

Modification of the Content or use of the content for any other purpose is a violation of brentbakerstudio.com’s copyright and other proprietary rights.  For purposes of these terms, the use of any Content on any other web site or networked computer environment is prohibited.  All trademarks, service marks and trade names are proprietary to brentbakerstudio.com.

You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services.  You specifically acknowledge that soliciting other guests of the Web site to join or become members of any commercial online or offline service or other organization is expressly prohibited.

Subject to the terms of the brentbakerstudio.com privacy policy, in general, we will not monitor or edit the contents of Forum materials unless required in the course of normal maintenance of the Web site and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on brentbakerstudio.com; (2) protect and defend the legitimate business interests, rights or property of brentbakerstudio.com, its users, advertisers, customers, sponsors, or affiliates; or (3) act in an emergency to protect the personal safety of our guests or the public.  Users shall remain solely responsible for the content of their communications.  Brentbakerstudio.com has the right but not the obligation to monitor and edit or remove any Forum communications and content.

INDEMNIFICATION.  You agree to indemnify, defend and hold brentbakerstudio.com harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation or alleged violation of this Agreement or use of the Web site.

NON-TRANSFERABILITY.  Your right to use this Wed site is not transferable.  Any password or right given to you to obtain information is not transferable.
JURISDICTION.  Unless otherwise specified, the Content on the Web site is presented solely for the purpose of promoting publication and other products available in the United States, its territories, possessions, and protectorates.  The Web site is controlled and operated by brentbakerstudio.com from its offices within the State of Ohio.  brentbakerstudio.com makes no representation the Content on the Web site is appropriate or available for use in other locations.  Those who choose to access the Web site from other locations do so on their own initiative and are responsible for establishing the use-ability or correctness of any information or Content under any or all jurisdictions and the compliance of that information or Content with local laws, if and to the extent local laws are applicable.

All users, including those users who access the Web site from a country other than the U.S., agree that the laws of the State of Ohio shall govern any dispute, including those arising from brentbakerstudio.com’s use of personal information or otherwise relating to privacy, as specified in the Privacy.

DISCLAIMER.  THE CONTENT IN THE WEB SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BRENTBAKERSTUDIO.COM DISCLAIMS ALL WARRANTIES, ESPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FRO A PARTICULAR PUROSE.  BRENTBAKERSTUDIO.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER(S) THAT MAKES THE WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  BRENTBAKERSTUDIO.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT ON THE WEB SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY. OR OTHERWISE.  YOU (AND NOT BRENTBAKERSTUDIO.COM) ASSUME THE ENTIRE OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTIONS.  APPLICABLE LAW MAY NOT ALLOW THE EXCUSION OF IMPLIED WARRANTIES, SO THAT THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY.  UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, SHALL BRENTBAKERSTUDIO.COM BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT ON THE WEB SITE, EVEN IF BRENTBAKERSTUDIO.COM OR A BRENTBAKERSTUDIO.COM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCUSION MAY NOT APPLY TO YOU.  IN NO EVENT SHALL BRENTBAKERSTUDIO.COM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, NUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEB SITE.

OTHER.  These terms shall be governed by and construed in accordance with the laws of the State of Ohio.  You agree that any action at law or in equity arising out of or relating to these terms shall be filled only in the state of federal courts located in Athens County, Ohio or the Southern District of Ohio, Eastern Division, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.  If any provision of these terms shall be unlawful, void, or for any reason unenforceable. Then that provision shall be deemed severable from these terms and shall not affect the validity and enforce-ability of any remaining provisions.  You agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to the Web site and these Terms of Service must be filed within one (1) year of the date the cause of action arose, or be barred as untimely.  This is the entire agreement between us relating to the subject matter herein and shall not be modified except as provided herein or in writing, signed by brentbakerstudio.com.  To the extent that anything in or associated with the Web is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.  Brentbakerstudio.com’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.