Please read these Terms and Conditions (hereafter “Terms”) carefully before using the Site. By accessing, using or browsing the Site you affirm that you are at least 18 years of age and agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Site.
Gallerytopia reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline of the Site, at any time and in its sole discretion. If we do so, we will notify you at the email address you provide in your registration information, if any. If you do not agree with the changes, you can cancel your account with us without further obligation. Unless otherwise specified, any changes or modifications will be effective immediately upon posting revisions to the Site. Your continued use of the Site after such time will constitute your acceptance of such changes or modifications. We recommend reviewing the Terms and any policies and documents incorporated in them in order to understand the terms and conditions that apply to your use of the Site. The Terms will always show the ‘last updated’ date at the top. If you do not agree to any amended Terms, you must stop using the Site. If you have any questions about the Terms, please email our support staff.
The services we provide through the Site are for your own use only. You may not resell, lease or provide them in any other way to anyone else.
1. Privacy Policy
Please refer to Gallerytopia’s Privacy Policy (the “Privacy Policy”), for information on how Gallerytopia collects, uses and discloses personally identifiable information from Users of the Site. By using the Site you agree to our use, collection and disclosure of personally identifiable information in accordance with the Privacy Policy.
2. Registration Data; Account Security
If you register for an account on the Site, you agree to (a) provide accurate, current and complete information as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to the Site, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to the Site. You are responsible for all activity on your Site account.
3. Fees; Charges; Taxes
By creating an account you are agreeing to have your credit card or PayPal account charged the one-time setup fee and the monthly fee assigned to the package you have purchased. If at any time you choose to cancel your account, your last payment will occur on your regular payment date of the full amount. After your last payment occurs, your account and all data associated with your account will be deleted and removed from our servers. Once you delete your account, we cannot retrieve any of your information or data. Deleting your account is an immediate and permanent action. User agrees to pay and assume responsibility for any and all tax liability that they owe as a result of their use of the Site. This includes—but is not limited to—sales and/or use taxes under the laws of all applicable jurisdictions.
4. Ownership, Copyright and Trademarks
In these Terms the content on the Site, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called “Content”. Content provided by Users is called “User Content”. User Content is that User’s property. Gallerytopia’s only right to that User Content is the limited licenses to it granted in these Terms.
Other than the User Content, the Site, all Content and all software available on the Site or used to create and operate the Site is the property of Gallerytopia or its licensors, and is protected by United States and international copyright laws, and all rights to the Site, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information (by trade name, trademark, manufacturer, supplier or otherwise) does not constitute or imply endorsement, sponsorship or recommendation thereof by Gallerytopia.
Your User Content is your responsibility. We have no responsibility or liability for it, including any loss or damage it may cause to other people. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice any User Content posted or stored on the Site, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Site.
5. Your Limited License of Your User Content to Gallerytopia
We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to operate the Site, and provide the services provided by the Site, now and in the future.
Therefore, by posting or distributing User Content to or through the Site, you (a) grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from such User Content on the Site, in the manner in and for the purposes for which the Site from time to time uses such User Content; (b) represent and warrant that (i) you own and control all of the rights to the User Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute that User Content, to or through the Site; and (ii) the use and posting or other transmission of such User Content does not infringe any third-party, copyright, or other proprietary rights, does not violate these Terms, and will not violate any rights of or cause injury to any person or entity, or violate any applicable law.
These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on the Site.
6. Our Limited License of Content to You
Gallerytopia grants you a limited, revocable, non-exclusive, non-sublicensable license to access the Site and to view, copy and print the portions of the Content available to you on the Site. Such license is subject to these Terms, and specifically conditioned upon the following: (i) you may only view, copy and print such portions of the Content for your own use; (ii) you may not modify or otherwise make derivative works of the Site or the Content, or reproduce, distribute or display the Site or any Content (except for page cacheing) except as expressly permitted in these Terms; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; (v) you may not use the Site or the Content other than for its intended purpose or violate any applicable law; and (vi) you may not reverse engineer or attempt to decompile the object code or source code used by or for the Site.
Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, this Agreement and your account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license in this Section is revocable by Gallerytopia at any time.
To request permission for uses of Content not included in this license, you may contact Gallerytopia at the address set out at the bottom of these Terms.
7. Use of the Site
User Content submitted to any area of the Site accessible to other viewers will be considered non-confidential. By using the services of Gallerytopia, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through and to the Site any of the following:
-Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
-Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability under, or otherwise violate any local, state, national or international law;
-Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
-Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
-Unsolicited promotions, political campaigning, advertising or solicitations;
-Private information of any third party, including, without limitation, addresses, directions to, phone numbers, email addresses and credit card numbers, unless that third party has expressly consented to such use;
-Viruses, corrupted data or other harmful, disruptive or destructive files;
-Content that is unrelated to the purpose of the Site; or
-Content that, in the sole judgment of Gallerytopia, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Gallerytopia or its affiliates or its users to any harm or liability of any type.
You also may not use the Site generally to send commercial or other messages to any third-party if those messages are not solicited, authorized or welcomed by the third-party, and in your use of the Site you must comply with all applicable laws, including laws that apply in any jurisdiction to SPAM and marketing practices, and with any applicable marketing association guidelines on ethical marketing practices. Any use of the Site in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.
Decisions of Gallerytopia shall be exclusive and binding on all users. Gallerytopia has absolute discretion in determining whether an action violates the above terms. We have no responsibility or liability for it, including any loss or damage it may cause to other people. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice any User Content posted or stored on the Site, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Site.
8. Links to Other Sites
The Site may contain links to third-party Web sites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content or service provided there at your own risk. Gallerytopia does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. Gallerytopia provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply Gallerytopia’s endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. Gallerytopia accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or Web sites linking to the Site. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
9. Advertisements and Promotions
Gallerytopia may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Gallerytopia, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Gallerytopia is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
10. Warranty Disclaimer
The Site, the Content and the services provided by the Site are provided to you on an “as is” basis without warranties from Gallerytopia of any kind, either express or implied. Gallerytopia expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Gallerytopia does not represent or warrant that Content is accurate, complete, reliable, current or error-free, and expressly disclaims any warranty or representation as to the accuracy or proprietary character of the Site, the Content or any portion thereof.
While Gallerytopia attempts to make your access to and use of the Site safe, Gallerytopia does not represent or warrant that the Site or any Content are free of viruses or other harmful components.
11. Limitation of Liability; Indemnity
You waive and shall not assert any claims or allegations of any nature whatsoever against Gallerytopia, its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Site or the Content, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of Content, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Site. You use the Site at your own risk.
Without limitation of the foregoing, neither Gallerytopia nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Site or the Content, including without limitation any damages caused by or resulting from your reliance on the Site or other information obtained from Gallerytopia or any other Released Party or accessible via the Site, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Gallerytopia or any other Released Party’s records, programs or services.
In no event shall the aggregate liability of Gallerytopia, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site exceed any compensation paid by you for access to or use of the Site during the three months prior to the date of any claim.
You shall defend, indemnify and hold harmless Gallerytopia and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Site and from the use of the Site by any person to whom you give access to your account, including any claims made by any person that any of your User Content infringes the rights, including the intellectual property rights, of any third party.
12. Communications
Notices that we give you (other than notice of amendment of these Terms, which is discussed in the introduction of these Terms) may be provided in any of the following ways. First, we may email you at the contact information you provide in your Registration Data. Second, we may post a notice to you in the profile area of your account on the Site. Third, we may post the notice elsewhere on the Site. When we post notices on the Site, we post them in the area of the Site suitable to the notice. It is your responsibility to periodically review the Site for notices.
13. Applicable Law and Venue
The Site is controlled by Gallerytopia and operated by it from its offices in Nashville, Tenessee. You and Gallerytopia both benefit from establishing a predictable legal environment in regard to the Site. Therefore, you and Gallerytopia explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of the State of Tennessee and the applicable laws the of United States.
Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) arising out of or relating to (a) these Terms; (b) the Site or Content; (c) oral or written statements, advertisements or promotions relating to these Terms or to the Site; or (d) the relationships that result from these Terms or the Site or Content (collectively, a “Claim”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against Gallerytopia related to any Claim and, where applicable, you also agree to opt out of any class proceedings against Gallerytopia. If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data. Arbitration will be conducted by one arbitrator pursuant to the rules of the American Arbitration Association. Any decision and/or award of the arbitrator will be confirmed and/or enforced by a court of competent jurisdiction.
To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in the State of Tennessee. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
You are responsible for compliance with all federal, state, and local laws of any jurisdiction where you access the Site, where your images appear, and where you operate your business. You agree to indemnify Gallerytopia and the other Released Parties for your failure to comply with any such laws.
14. Termination/Modification of License and Site Offerings
Notwithstanding any provision of these Terms, Gallerytopia reserves the right, without notice and in its sole discretion, without any liability to Gallerytopia, to (a) terminate your license to use the Site, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Site or Content; (c) change, suspend or discontinue any aspect of the Site or Content; and (d) impose limits on the Site or Content.
15. Refund Policy
Gallerytopia is a month-to-month, pay-as-you-go service so we don’t provide refunds. You are billed every 30 days for the service. You can cancel the service at any time and you won’t be charged again, but you are responsible for any charges already incurred.
16. Miscellaneous
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Gallerytopia may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Gallerytopia, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and Gallerytopia regarding your use of the Site, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and Gallerytopia regarding your use of the Site. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been drafted and shall be construed solely in the English language.
17. Disclaimer of Affiliation with Apple, Inc.
Gallerytopia is in no way affiliated with Apple, Inc. (Apple), its affiliates, or any of its products, including the iPhone, iPad, or iPod. “Apple,” “iPhone,” “iPad,” and “iPod” are registered trademarks of Apple. Any copyright or trademark rights are retained by their respective owners, and any copyrighted images found on the Site are used solely for informational purposes.
Gallerytopia is not an authorized distributor of Apple products. Gallerytopia is an independent company and is in no way affiliated with Apple.
User understands and acknowledges this disclaimer, and will not construe any information, data, images, or representations from Gallerytopia or the Site as having any affiliation with the aforementioned products or entities.
18. Questions and Comments
If you have any questions regarding these Terms or your use of the Site, please contact us here:
Address:
Gallerytopia, LLC
P.O. Box 62
Brentwood, TN 37024
Email:
support@gallerytopia.com
