READ CAREFULLY. This is a legal agreement between you and Gallerama, LLC, ("Gallerama")
stating the terms that govern your use of the Gallerama Web Application ("Website")
located at www.gallerama.com. You must accept and abide by the terms as presented
to you, and Gallerama alone reserves the right to change, add, or remove portions
of this Agreement at any time. It is your responsibility to check the Agreement
each time before using the website, and your continued use of the website will indicate
your acceptance of any changes.
Description of Service. Through the use of the Gallerama website ("Service"),
you are permitted to upload, store, and download your digital photos as well as make
them available for viewing by others using Gallerama's presentation and customization features.
Gallerama's features are only intended for your personal, noncommercial use. You
are responsible for any hardware, systems and/or software program(s) you use and
any associated fees and expenses (a) to connect to, browse or otherwise use the
Internet, and/or (b) to access the sites on which the Service is offered, and/or
(c) to browse, view, download, print, transfer Photos or Materials accessible through
the Service. The Service is not part of any other offering or product, and as such,
the purchase or obtaining of any other product shall not be construed to represent
or guarantee you access to the Service. From time to time, you may have to install
software, available through the Service to aid in the accessibility of Content.
Registration Data & Accounts. To use the Service you must register and provide
certain information (e.g. your full name, username, password, email address) to
Gallerama ("User Registration Information") for the purposes
of creating an Account, called "My Gallerama." You agree to provide current,
complete, and accurate User Registration Information Data at the time you register
and you will update your User Registration Information as necessary to keep it current,
complete and accurate. Gallerama may terminate your Account, and any or all rights
to the Service if any information you provide is inaccurate, false, or incomplete.
Security of Account. You are solely responsible for maintaining the confidentiality
and security of your Account. You agree to notify Gallerama immediately of any
unauthorized use of your password and/or Account. Gallerama shall not be responsible
for any losses arising out of the unauthorized use of your User Registration Information
or Account, and you agree to hold harmless and to indemnify Gallerama, its partners,
parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any
improper, unauthorized or illegal uses of the same. You may not attempt to gain
unauthorized access to the Website. Should you attempt to do so, assist others in
making such attempts, or distributing instructions, software or tools for that purpose,
Gallerama will terminate your Account.
Consent to Our Communication With You By Email. By establishing a Gallerama
Account, and each time you make a purchase through our Site, you grant permission
for Gallerama to contact you at your e-mail address.
Objectionable Material. The following content ("objectionable content")
is not permitted for uploading to Gallerama.com: pornography, material that is copyrighted
and does not belong to you. You agree to abstain from uploading objectionable material.
When using the service, you understand that you might encounter Content that may
be deemed objectionable, indecent, or offensive, which content may or may not be
identified as containing explicit language. You agree to use the Service at your
own risk and Gallerama shall have no liability to you for content that may be found
objectionable, indecent, or offensive.
USE OF SERVICE, CONTENT, SOFTWARE, AND MATERIALS
All rights not expressly granted to you in this Agreement are reserved to Gallerama.
Content. All software, graphics, text, interfaces, trademarks, logos, and any
other element of the Gallerama website (collectively Content), including but not
limited to the layout, election, organization, and coordination of such Content
on the website is the property or is licensed to Gallerama, and is protected by
trademark, trade dress, copyright, and other intellectual property rights laws.
Without the prior written consent of Gallerama, and except as provided in this Agreement,
no Content may be transmitted/translated, publicly displayed, uploaded, published,
recorded, retransmitted, rented, sold, distributed, digitized, marketed, reproduced,
altered to make new works, performed, or compiled in any way to any other computer,
website, or other medium for any commercial purpose.
Content Usage Rules. GALLERAMA RESERVES THE RIGHT TO ENFORCE THE CONTENT USE
RULES WITH OR WITHOUT NOTICE TO YOU. Your access to and/or use of any Digital Photos
will be limited by the rules assigned to the Digital Photo(s) by the owner of the
Digital Photo(s) and described in this section. You may not attempt, nor support
others' attempts, to decrypt, reverse engineer, circumvent or otherwise alter or
interfere with any software required for use of the Service or any of the Usage
Rules. You may not attempt, or support others' attempts, to copy, redistribute or
otherwise manipulate Digital Photos which belong to another member. You shall be
authorized to use the Digital Photos for authorized for public downloading only
for noncommercial, personal use. The downloaded Digital Photos are strictly limited
to your personal use and any use or sharing outside the doctrine of Fair Use, as
provided in the United States Copyright Code, is in violation of Copyright and
Intellectual Property laws.
CHARGES AND BILLING
Gallerama's Right of Refusal. Gallerama reserves the right to refuse Service
for any reason, to any End User.
Right to Change Prices and Product Availability. Prices and Membership Tiers
offered through the Service are subject to change at any time. Gallerama does not
provide price protection or refunds in the event of a price drop or promotional offering.
No Refunds. All sales are final and all charges from those sales are nonrefundable.
OTHER FEATURES AND TERMS & CONDITIONS
Community Features / Public Areas. Gallerama may feature message boards
and/or chat rooms that allow for communication and posting of public profiles between
users of the Service. The Public Areas are offered on a read only basis until a
user signs up for the ability to post messages in the various forums. Gallerama
HAS THE RIGHT, BUT NOT THE OBLIGATION, TO MONITOR, EDIT, OR REMOVE ANY ACTIVITY
OR CONTENT IN SUCH PUBLIC AREAS. Gallerama is not responsible and assumes no
liability for any activity, content, messages and the like that your
or any other users post to a Public Area or a Public Profile, or send to another
user over an instant messenger system.
Restrictions. You may not use the Service (or any part of it, including but
not limited to Public Areas) to upload, post, transmit, display, perform or otherwise
make available any messages, content or materials (i) that are illegal, obscene,
threatening, of a "spamming" nature, defamatory, or invasive of privacy;
(ii) violate (intentionally or unintentionally) a contractual, fiduciary or confidentiality
obligation or duty you have to any third party; (iii) that constitute political
campaigning or commercial solicitation or that contain software viruses or other
computer code designed to interfere with the functionality of any computer system;
or (iv) that infringe third-party rights or harm minors in any way. You may not
interfere with or disrupt the Service or any networks connected to or by the Service.
In addition, you may not use a false email address or otherwise mislead other members
as to your identity or the origin of a message or content.
Gallerama's Rights. By uploading photos, posting messages, inputting data, or engaging in any
other form of communication through the Service, you agree that Gallerama may copy,
sublicense, adapt, transmit, publicly perform or display any such content to provide
and/or promote the Service and/or to respond to any legal requirement, claim or
threat. If Gallerama's use of such content exploits any proprietary rights you
may have in such material, you agree that Gallerama has an unrestricted, royalty-free,
non-exclusive and perpetual worldwide right to do so. You represent and warrant
that you own or otherwise control all applicable rights to the content, material,
messages and the like that you post, upload, transmit or display; that the content,
material, messages and the like are accurate; that use of the content, materials,
messages and the like that you supply does not violate third-party rights and will
not cause injury to any person or entity; and that you will indemnify Gallerama,
its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable,
for all claims resulting from content, messages, materials and the like that you
supply. You agree that any loss or damage of any kind that occurs as a result of
the use of any messages, content or material that you upload, post, transmit, display
or otherwise make available through your use of the Service is solely your responsibility.
Privacy. For additional information regarding Gallerama's use of information
collected in connection with the Service, please refer to Gallerama's
Privacy Policy.
Trademarks. All trademarks, service marks, trade names, slogans, logos, and
other indicia of origin that appear on or in connection with the Service are the
property of Gallerama. You may not copy, display or use any of these marks without
prior written permission of the mark owner.
Violation of Intellectual Property Rights. If Gallerama receives a notice alleging
that you have engaged in behavior that infringes Gallerama's or other's intellectual
property rights or reasonably suspects the same, Gallerama may suspend or terminate
your account without notice to you, and shall have no liabilities to you, past or
present, for suspension or termination under this paragraph.
Enforcement of These Terms. Gallerama reserves the right to enlist and take
measures that Gallerama believes are reasonably necessary to enforce, or appropriate
to enforce, or verify compliance with any part of this Agreement (including but
not limited to Gallerama's right to cooperate with any legal process relating to
your use of the Service and/or Products, and/or a third party claim that your use
of the Service and/or Products is unlawful and/or infringes such third party's rights).
You agree that Gallerama has the right, without liability or notice to you, to disclose
any Registration Data/Account information to law enforcement authorities, government
official, and/or third party, as Gallerama believes is reasonably necessary or appropriate
to enforce and/or verify compliance with any part of this Agreement (including but
not limited to Gallerama's right to cooperate with any legal process relating to
your use of the Service and/or Products, and/or a third party claim that your use
of the Service and /or Products is unlawful and/or infringes such third party's
rights).
No Responsibility for Third-Party Materials or Websites. The service may include
Products, Content, and Services from third parties available via the Gallerama Service.
As well, Gallerama may include links to third party websites, which are provided
solely as a convenience to you. Gallerama assumes no liability or responsibility
for third-party materials or websites, and you acknowledge and agree that Gallerama
is not responsible for evaluating or examining the content or accuracy of any such
third-party material or websites.
Indemnity. By using this Service you agree to indemnify and hold harmless Gallerama
and its agents, employees, directors, contractors, representatives, licensors, affiliates,
parents and subsidiaries from and against any and all claims, losses, demand, causes
of action and judgments (including attorneys' fees and court costs) arising from
or concerning your breach of this Agreement and your use of the Service and Content and
to reimburse them on demand for any losses, costs or expenses they incur as a result thereof.
Termination.
a. If you fail, or Gallerama suspects that you have failed, to comply with any of
the provision of this Agreement, including but not limited to failure to make payment
of fees due, failure to provide Gallerama with a valid credit card or with accurate
and complete Registration Data, failure to safeguard your Account information, or
violation of the Usage Rules or any license to the software, Gallerama, at its sole
discretion, without notice to you may: (i) terminate this Agreement and /or your
Account, and you will remain liable for all amounts due under your Account up to
and including the date of termination; and/or (ii) preclude access to the Service
(or any part thereof).
b. Gallerama may, at its discretion, modify, suspend, or discontinue the Service
(or any part or content thereof) at any time with or without notice to you, and
Gallerama will not be liable to you or to any third party should it exercise such
rights.
General Compliance with Laws. The Service is controlled and operated by Gallerama
from its offices in the United States. You agree to comply with all local, state,
federal, and national laws, statutes, ordinances, and regulations that apply to
your use of the Service.
Governing Law. The laws of the State of New York, of the United States of America,
excluding its conflicts of law rules, govern these Terms and your use of the Service.
Your use of the Service may also be subject to other local, state, national, or
international laws. You expressly agree that exclusive jurisdiction for any claim
or dispute with Gallerama or relating in any way to your use of the Service resides
in the courts of the State of New York, U.S.A.
Disclaimers.
a. Gallerama does not guarantee, represent, or warrant that your use of the Service
will be uninterrupted or error-free, and you agree that from time to time Gallerama
may remove the Service for indefinite periods of time, or cancel the service at
any time, with or without notice to you.
b. Under no circumstance shall any Gallerama entity be liable for any unauthorized
use of the Service or its Content.
c. Under no circumstances shall any Gallerama entity be liable to you for any consequential,
incidental or special damages (including damages for loss of business profits, business
interruption, loss of business information, and the like) arising out of the use
or inability to use the Products, Service, or Content, even if the Gallerama entity
has been advised of the possibility of such damages. To the extent that in a particular
circumstance any disclaimer or limitation on damages or liability set forth herein
is prohibited by applicable law, then, instead of the provisions hereof in such
particular circumstance, the Gallerama entities shall be entitled to the maximum
disclaimers and/or limitation on damages and legality available at law or in equity
by such applicable law in such particular circumstance, and in no event shall such
damages or liability exceed US $10.
d. You expressly agree that your use of, or inability to use, the Service is at
your sole risk. The Service and all products and services delivered to you through
the service are (except as expressly stated by Gallerama) provided "as is"
and "as available" for your use, and to the maximum extent allowed by
applicable law, the Gallerama entities expressly disclaim all warranties of any
kind, either express or implied, including all implied warranties of merchantability,
fitness for a particular purpose, title, and non-infringement.
Last Updated: March 25, 2006
