TERMS AND CONDITIONS

The use of our web site and the services offered by Esportsgallery.com are made available to you subject to the following terms and conditions. By using our web site, you are agreeing to be bound by, and to comply with, these terms and conditions. Please read this information carefully.

1. Applicable Laws. User access to and use of our web site is subject to all applicable international, federal, state and local laws and regulations.

2. Copyright. All content included on our web site, including but not limited to text, guides, opinions, reviews, articles, directories, photographs, images, illustrations, graphics, audio clips, video clips and software, is the property of Esportsgallery.com or clients consigning their property with Esportsgallery.com and is protected by U.S. and international copyright laws. In addition, the compilation of all elements of the content of our web site is the exclusive property of Esportsgallery.com and is protected by U.S. and international copyright laws. Users of our web site are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works from or using any content included on our web site for commercial or public purposes, unless expressly permitted by Esportsgallery.com. Esportsgallery.com respects the intellectual property rights, including copyrights, of others. We expect our web site users to do the same. If you believe that your work has been used in a way that constitutes copyright infringement, please contact Esportsgallery.com by e-mail at info@esportsgallery.com.

3. Trademark. The trademarks, logos and service marks displayed on our web site are the exclusive property of Esportsgallery.com. You are prohibited from using these trademarks, logos and service marks for any purpose, unless expressly permitted or licensed by Esportsgallery.com. Our trademarks, logos and service marks may not be used in any manner that is disparaging to or otherwise discredits Esportsgallery.com.

4. Use Disclaimer. ESPORTSGALLERY.COM PROVIDES THE CONTENT ON OUR WEB SITE AND OUR SERVICES ON AN "AS IS" BASIS WITH NO WARRANTIES WHATSOEVER. ESPORTSGALLERY.COM SPECIFICALLY AND EXPRESSLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF OUR WEB SITE, OR ANY LINKED WEB SITE, EVEN IF WE ARE MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. ESPORTSGALLERY.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR WEB SITE OR THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON OUR WEB SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ESPORTSGALERY.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, FOR THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON INFRINGEMENT OF PROPRIETARY RIGHTS, SECURITY AND ACCURACY. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ESPORTSGALLERY.COM DISCLAIMS ANY AND ALL WARRANTIES FOR GOODS, SERVICES, INFORMATION OR ADVICE RECEIVED BY YOU THROUGH OR ADVERTISED ON OUR WEB SITE, OR RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON OUR WEB SITE.

5. Warranty Disclaimer. Although the information we provide you on our web site is obtained or compiled from sources we believe to be reliable, Esportsgallery.com cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information made available to you for any particular purpose. Esportsgallery.com will not be held liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of our web site, or resulting from the act or omission of any other party involved in making our web site or the information, services, or artwork contained on our web site and made available to you, or from any other cause relating to your access to, inability to access, use of, or purchase from our web site, whether or not the circumstances giving rise to any loss or damage may have been within the control of Esportsgallery.com or of any artist providing artwork or vendor providing software support for our web site. Because Esportsgallery.com makes no representations or warranties about persons who use our website or other parties' web sites which you may access through ours, when you access a third party's web site through ours, you recognize and understand that the third party's web site is separate and independent from ours and that Esportsgallery.com has no control over the third party's web site. A link from our web site to a third party's web site does not mean that we endorse the third party's web site. Information on this web site may contain inaccuracies or typographical errors. Any material you download or otherwise obtain through the use of our web site or services is done at your own discretion and at your own risk. You shall be solely responsible for any loss or damages to your property or computer system resulting from the downloading of such material. Esportsgallery.com will not be responsible for any computer viruses that may infect your computer system.

6. Limitation Of Liability. To the fullest extent permitted by law, Esportsgallery.com will not be liable to any user for use or misuse of, and reliance upon, our web site or services. This limitation of liability will apply to prevent recovery for direct, indirect, incidental, consequential, special and/or punitive damages, even if Esportsgallery.com is made aware of the possibility of such damages. This limitation of liability applies whether the damages arise from use or misuse of, and reliance upon, our web site or services, from inability to use our web site or services, or from the interruption, suspension or termination of our web site or services, including any damages sustained by third parties. This limitation of liability also applies to damages you incur due to goods, services, information or advice received by you through or advertised on our web site, or received by you through any links provided on our web site. This limitation of liability applies notwithstanding any failure of essential purpose of any limited remedy. Esportsgallery.com will not be liable for any delay or failure in performance resulting, either directly or indirectly, from acts of nature, forces, or causes beyond our reasonable control including but not limited to acts of God, fires, floods, storms, explosions, war, governmental actions, orders of domestic or foreign courts or tribunals, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, nonperformance by third parties, Internet failures, computer equipment failures, telecommunication equipment failures, any other equipment failures, electrical power failures, or loss of or fluctuations in heat, light or air conditioning.

7. Indemnification. By using our web site, you agree to indemnify Esportsgallery.com and hold us harmless from any and all claims and expenses, including attorneys' fees, arising out of your use of our web site. By using our web site, you agree to release Esportsgallery.com from any and all claims, demands, debts, obligations, damages, costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against us arising out of or in any way related our web site or services. Further, you agree to waive all rights that may limit the effectiveness of this release.

8. Changes In Terms And Conditions. Esportsgallery.com reserves the right to modify these terms and conditions at any time, and from time to time, without notice. Please review these terms and conditions periodically so that you will be aware of any changes.

9. Violations Of Terms And Conditions. Esportsgallery.com reserves the right to pursue all remedies available at law and in equity, for violations of these terms and conditions, including the right to block access from a particular Internet address to our web site.

10. Controlling Law. The laws of the State of California shall be the controlling law in any matter arising between you and Esportsgallery.com.

11. Arbitration. If a dispute arises between you and Esportsgallery.com and either party files suit in any court other than small claims court, either party will have the right to stay that suit by timely electing to arbitrate the dispute. By electing to arbitrate, you agree that arbitration will be in accordance with the commercial arbitration rules of the American Arbitration Association ("AAA"). The arbitration proceeding, including the rendering of any award, will take place in California and will be administered by AAA. The award of any arbitral tribunal will be final except as otherwise provided by the laws of the State of California and the federal laws of the United States, to the extent applicable. The prevailing party in any state or federal court sitting in California may enter judgment upon any award. The party who does not prevail in the arbitration proceedings shall pay the costs of arbitration proceedings. Payment of attorneys' fees as part of these costs shall be made in accordance with applicable laws of the State of California.

12. Headings. The headings are inserted for convenience only and shall not be used to define, limit or describe the scope of the Terms and Conditions or any of the obligations herein.

13. Severability. If a court of competent jurisdiction finds any provision to be invalid or unenforceable, then the Terms and Conditions, including all of the remaining terms and conditions, will remain in full force and effect as if such invalid or unenforceable term had never been included.