s

Use Terms and Conditions

REVISED: November 25, 2015

 

GALLERYM.COM ("GALLERY M","We" or "Us") is a website ("Website" or "Site") and gallery providing an online art venue that allows users to access significant works of art as well as services offered from the Site. These Terms and Conditions of Use ("Terms") apply to and govern your use of the GALLERY M web site (the "Site") and any services that may be provided by or registered with GALLERY M through the Site by you (“Services”). By visiting our Site or using Services, you are accepting the practices described in these Terms and our Privacy Policy which is incorporated into and a part of these Terms. If you do not agree to these Terms and the Privacy Policy, do not use the Site or request or register for any Services. We reserve the right to modify or amend these Terms from time to time without notice. Your continued use of our Site or Services following the posting of changes to these Terms will mean you accept those changes.

 
License to Use the Site and Services; Restrictions

GALLERY M grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and Services and the materials thereon for your personal informational use only, provided that you comply fully with these Terms. You may not modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, or in any way exploit the Site or Services or any portion thereof for any public or commercial use without the express written permission of GALLERY M. You may download one (1) copy of content from the Site and Services for your personal informational use only, provided that you maintain all copyright, attribution and other notices contained in such content, including without limitation trademarks and service marks of GALLERY M and its affiliates or the copyright holder identified in the individual content's copyright notice. You may not distribute, transmit, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on this Site or Services without the express prior consent of the copyright owner. None of the material contained on the Site or Services may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means, including without limitation, electronic, mechanical, photoreproduction, recordation or otherwise, without the prior written consent of GALLERY M. Any images of artworks included in the Site or Services are provided for use only in the context of the Site or Services and subject to all of the limitations set forth herein. All rights not expressly granted herein are reserved to GALLERY M.

You shall not interfere or attempt to interfere with the operation of the Site or Services in any way through any means, software, routine or device including, but not limited to, hacking, uploading computer viruses, spamming or the means expressly prohibited by any provision of these terms and conditions of use. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our Site or Services or any content contained thereon or for any other purpose without our prior express written permission. You may not take any action that imposes an unreasonable or disproportionately large load on GALLERY M’s infrastructure.

 
Ownership

GALLERY M owns, controls, licenses or has the right to use and provide the Site and Services and all material on the Site and Services, including without limitation text, images, articles, photographs, illustrations, audio and video clips, (collectively the "Content"). The Site and Services are also protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. GALLERY M is the owner of the copyright in the entire Site and Services. GALLERY M owns the copyrights in the selection, coordination, arrangement and enhancement of the Site and Services. You agree to abide by any and all copyright notices, information or restrictions displayed on the Site and Services.

You acknowledge that you do not acquire any ownership rights by your permitted use of the Site, its content or any Services. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any content. In the event of any permitted copying, redistribution or publication of material from the Site and Services, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You may obtain more information on the copyrights, trademarks, and service marks of GALLERY M and its affiliates and content owners by viewing the copyright and trademark notices posted on the Site.

Change to Site or Services; Termination

GALLERY M shall have the right for any reason, in its sole discretion, to terminate, change, suspend or discontinue, temporarily or permanently, any aspect of the Site or Services, including but not limited to content, features, or hours of availability, without notice to you. GALLERY M may also impose limits on certain features and services or restrict your access to parts or all of the Site or Services with or without notice or liability. You agree that GALLERY M may terminate your use of this Site and the Services, cancel your user registration, remove your Communications and Contributions (as defined below), and/or exercise any other remedy available to it, if GALLERY M reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms, or violated the rights of GALLERY M or any third party, or for any reason with or without notice to you. You agree that GALLERY M will not be held liable to you or any third party as a result thereof.

Links to Other Web Sites

The Site and some Services contain links and pointers to third party web sites, resources and sponsors. Links to and from the Site or Services to third party sites do not constitute an endorsement by GALLERY M or any of its subsidiaries and affiliates of any third party, its site, resources or contents. GALLERY M cannot guarantee, represent or warrant that the content contained in these sites is true, accurate, lawful and/or inoffensive. GALLERY M has no control over these sites or the content within them. GALLERY M doe not warrant that any third party site will be free of viruses or will not adversely impact your computer. You should direct any concerns regarding any external link to its site administrator or webmaster.

GALLERY M's Rights to Materials Provided by Users

GALLERY M welcomes your comments regarding our merchandise and Services, including the Site. By posting messages, uploading files, inputting data, providing information, content or materials to GALLERY M or engaging in any other form of communication (individually or collectively "Communications") to or within the Site or Services, you grant to GALLERY M a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, create derivative works and otherwise exploit such Communications and any ideas or original materials contained in such Communications, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all rights under copyright, trademark, patent or other laws under any relevant jurisdiction. You waive all rights you may have to inspect and/or approve of any use by GALLERY M of any material or idea submitted by you in any Communications or to receive any compensation for such use. You waive all rights to any claim against GALLERY M for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You understand and agree that GALLERY M is under no obligations to use any material or ideas submitted by you in any Communications in any way whatsoever.

Any or all Communications provided by you to the Site or Services may be included in a database owned by GALLERY M and its subsidiaries and affiliates in which we have rights and interest, including but not limited to, copyright in the compilation or collection. We reserve the right to use any information or materials you provide to us or that we obtain through your use of the Site or Services to the fullest extent permitted by law.

 
No Responsibility for User Transmitted Material

You acknowledge that transmissions to and from this Site and any Services are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to GALLERY M or the Site or Services, no confidential, fiduciary, contractually implied or other relationship is created between you and GALLERY M or any GALLERY M affiliate or subsidiary other than pursuant to these terms and conditions of use. GALLERY M shall not be responsible for the payment of any monies to any party in connection with GALLERY M's use of Communications submitted by you to the Site.

Monitoring, Editing and Disclosure of User Material

Any messages, files, data, information, content, materials or other contributions of third parties (“Contributions”) to the Site or Services do not necessarily represent the view or opinions of GALLERY M. GALLERY M does not assume any responsibility for the consequences of Contributions on or any communications or results arising from use of the Site or Services. GALLERY M does not represent or guarantee the truthfulness, accuracy or reliability of any Contributions posted by users or endorse any opinions expressed by such users. ANY RELIANCE UPON CONTRIBUTIONS POSTED ON THE SITE OR SERVICES IS AT YOUR OWN RISK.

You agree that GALLERY M has the right, but not the obligation, to monitor your Communications and all Contributions on the Site or Services at any time for any reason in its sole discretion to determine compliance with these Terms and any other rules, policies or guidelines that GALLERY M may establish from time to time. Notwithstanding this right of GALLERY M, GALLERY M cannot and does not review all materials posted to the Site or Services by users, and GALLERY M is not responsible for any such Communications or Contributions posted by users. GALLERY M reserves the right at all times to edit, disclose, refuse to post, request removal of or remove any Communication or Contribution, in whole or in part, in its sole discretion, including without limitation, as may be necessary to comply with any law, regulation or government or agency request or if, in GALLERY M's sole discretion, such materials are objectionable or in violation of these Terms. GALLERY M HAS NO LIABILITY OR RESPONSIBILITY TO USERS OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING ACTIVITIES.

User Conduct

Any of the following conditions constitutes a violation of these Terms and may result in the termination of your right to use the Site or Services without notice:

  • Using GALLERY M or the Site or Services for unlawful purposes or to promote any unlawful activities;
  • Disrespecting the privacy or views of other users;
  • Impersonating another person, allowing another person to use your identification to post or view comments or soliciting passwords or personal identifying information from other users;
  • Transmitting "junk mail", "chain letters", or unsolicited mass mailing or "spamming"; or
  • Submitting a Communication or Contribution that infringes or contributes to the infringement of the copyright rights, intellectual property rights or privacy rights of others or that is obscene, defamatory, harmful, abusive, threatening or false.
Indemnification

You agree to indemnify, defend and hold harmless GALLERY M, and all its officers, directors, owners, agents, employees, content providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all claims, actions, losses, damages, liabilities, and all fees, costs and expenses of any kind related thereto (including without limitation, attorneys' fees and settlement amounts) incurred or suffered by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from: (i) any negligence, willful misconduct or any breach of this Agreement, including without limitation, breach of any warranty, covenant or obligation hereunder by you; (ii) your use of, or for that matter, inability to use, the Site or Services. You agree to use counsel reasonably satisfactory to the Indemnified Parties to defend each indemnified claim or action. GALLERY M reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not in any event consent to the entry of any judgment or settle any claim, action or other matter without the prior written consent of GALLERY M.

 
Disclaimer of Warranties

GALLERY M does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Site or Services. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. GALLERY M reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site or Services.

THE SITE AND SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

CERTAIN CONTENT MAY BE CONSIDERED OBJECTIONABLE BY INDIVIDUAL USERS AND USERS MUST EXERCISE THEIR DISCRETION IN USING AND ALLOWING MINORS OR OTHERS TO USE THE SITE.

NEITHER GALLERY M NOR ITS CONTENT PROVIDERS WARRANT THAT THE FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OTHER SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. If your use of this Site or Services results in the need for servicing or replacing property, material, equipment or data, GALLERY M is not responsible for those costs.

NEITHER GALLERY M NOR ITS CONTENT PROVIDERS MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF THE SITE OR SERVICES, THE CONTENT THEREOF, THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR SERVICES OR ANY LINKED SITE. NEITHER GALLERY M NOR ITS CONTENT PROVIDERS WARRANT THAT the Site or Services will meet your requirements or that specific results will arise from use of the Site or Services, any Contributions, search, link or any other GALLERY M products or services.

IF YOU ARE DISSATISFIED WITH THE SITE OR ANY SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND/OR SERVICES.

Limitation of Liability; Exclusion of Damages

GALLERY M is not liable for any lost data resulting from the operation of our Site, provision of Services and/or the enforcement of the Terms. We urge all users to maintain their own back up versions of any Communications or Contributions they provide for submission to the Site or Services.

GALLERY M disclaims any and all liability for the acts, omissions and conduct of any users, advertisers and/or sponsors on the Site or Services or otherwise related to your use of the Site and/or Services. GALLERY M is not responsible for the products, services, actions or failure to act of any other third party in connection with or referenced on the Site or Services

GALLERY M AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF, OR INABILITY TO USE THE SITE OR ANY SERVICES, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS

UNDER NO CIRCUMSTANCES SHALL GALLERY M, ITS SUBSIDIARIES, AFFILIATES OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY SERVICES, OR ANY CONTENT, MATERIALS AND FUNCTIONS INCLUDED THEREIN, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF GALLERY M, ITS SUBSIDIARIES AND AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR ANY SERVICES EXCEED, IN THE AGGREGATE, $100.00.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Non-United States Residents

GALLERY M makes no representation that materials in the Site or any Services, including merchandise offered for sale on the Site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations outside the United States. Those who choose to access this Site or Services from other locations outside of the U.S. do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

 
Changes to Terms and Conditions

GALLERY M reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms and conditions of use, in whole or in part, at any time. Changes in these terms and conditions of use will be effective when posted. You agree to review these terms and conditions of use periodically to be aware of any changes. Your continued use of the Site after any changes to these terms and conditions of use are posted constitutes acceptance of those changes.

Additional Remedies

You agree that monetary damages may not provide a sufficient remedy to GALLERY M for your violation of these Terms, and, accordingly, you acknowledge and agree that GALLERY M is entitled to immediate injunctive relief for any such violation without the necessity of posting a bond, in addition to any other remedy available to GALLERY M under this Agreement, at law or in equity. GALLERY M may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity. GALLERY M is not required to provide any refund to you if you are terminated as a user because you have violated these Terms.

Survival

The provisions titled "Ownership" "Changes to Site or Services; Termination" "GALLERY M's Rights to Materials Provided by Users," "No Responsibility for User Transmitted Material," "Monitoring, Editing and Disclosure of User Material ," "Indemnification", "Disclaimer of Warranties," "Limitation of Liability," "Additional Remedies," "Survival" and "General Provisions" will survive termination of this agreement, together with all other terms and conditions that by their nature or context are intended to survive termination.

General Provisions

These terms and conditions of use shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to conflicts of laws provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to these terms and conditions of use shall be an appropriate State or Federal court located in Denver County in the State of Colorado and you hereby irrevocably consent to the jurisdiction of such courts. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions of use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions of use, and the remainder of these terms and conditions of use shall continue in full force and effect. These terms and conditions of use constitute the entire agreement between you and GALLERY M with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No term or condition of this Agreement shall be held to be waived, modified or deleted except by a written instrument signed by the parties hereto. No waiver by either you or GALLERY M of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Any cause of action you may have with respect to GALLERY M must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.