END-USER LICENSE AGREEMENT FOR SOFTWARE (EULA)
This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) (the “Licensee” or “User”)and Gallorey,LLChaving its office, headquarters and principal place of business at 18420 Tipsico Lake Rd, Fenton, MI 48430 (the “Licensor” or “Gallorey”) for the licensedsoftware ("Software") exclusively to use for viewingour website at www.gallorey.com, online display and the purchase and sales of artwork (“Artwork’) of artists and others, or portfolios of artwork, where such artwork is linked to textual passages of electronic books (eBooks), published books, audio books, magazines, publications or other literary works,that accompanies this EULA, as well as the right to retrieve, download and purchase such artwork. This EULA is effective as of the date you acquire or purchase the Software.
Software can be downloadable software, such as an application or software as a service (Saas) that gives access to Licensors website as well as traditional software on a medium.
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY DOING ANY ONE OF THE FOLLOWING: CLICKING “ACCEPTED” OR “AGREED” WHEN ENTERING THE WEBSITE AT ANY TIME, INSTALLING OR USING THE SOFTWARE, USING THE WEBSITE TO PUCHASE, DOWNLOAD OR CUT AND PASTE CONTENT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE SOFTWARE.
1. GRANT OF LICENSE.
1.1 Licensor grants you a non-transferable non-assignable non-exclusive site license to use the Software and view, retrieve or download the Artwork for one individual user (person) and accompanying documentation, manual, specification, instructions and/or other information related thereto (hereafter collectively referred to as “Documentation”). Pursuant thereto, Licensor grants you the following rights provided that you comply with all terms and conditions of this EULA.
You mayinstall the Software and view, retrieve or download the Artwork on devices that you own and use (“Device” or “DEVICE”) such as a mobile phone, cellular (cell) phone, electronic tablet, desktop, laptop, or other computer or electronic device; or at your request and with Licensor’s approval, Licensor will install the Software on your Device.
You may use the Software and view, retrieve or download the Artwork on Devices that you own for one individual user. .
The Documentation and Artwork that accompanies the Software is licensed to you for internal, non-commercial reference purposes only.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
2.1 THERE ARE TECHNOLOGICAL MEASURES IN THIS SOFTWARE THAT ARE DESIGNED TO PREVENT UNLICENSED USE OF THE SOFTWARE.THIS SOFTWARE LICENSE IS INTENDED TO BE USED BY YOU. You may not be able to exercise your rights to the Software under this EULA after a finite date. You may also need to reactivate the Software if you modify or replace your Device or computer hardware. This may require assistance from Licensor. Licensor will use measures to confirm you have a legally licensed version of the Software. No copies of the Software can be made by you. If you are not using a licensed version of the Software, you are not allowed to install the Software or future Software updates. If subsequently permitted by Licensor, you may also be required to pay for unauthorized copies in use in an amount determined by Licensor in its sole discretion. The Software may be installed in a format that can only be interpreted by Licensor. You understand that you have no right to sublicense, copy, download, distribute, transmit or send to another the Software and Documentation without the express written authorization of Licensor. No license or other rights are granted to you by Licensor to the source code, object code and binary code for the Software.
3. RESERVATION OF RIGHTS AND OWNERSHIP.
The Documentation, Software, object code, binary code and source code for the Software, Artwork as well as any improvements, enhancements, or modification for the Software and Documentation, are the exclusive property of Licensorand owned by Licensor or licensed to Licensor. Licensor reserves all rights not expressly granted to you in this EULA. The Software and Documentation are protected by copyright, trade secrets and by intellectual property laws and treaties. Licensor owns the title, copyright, and other intellectual property rights in the Software, Documentation, and Artwork or has acquired licensed rights thereto excluding Artwork also known as “fan art” subject to the terms in the Artist Agreement. You agree that you will keep the Software and Documentation confidential and not disclose the Software or Documentation,or any part thereof, to anyone else. You agree that you will not delete or remove the name of the Licensor, trademark(s), service mark(s) and copyright notice from the Software, Documentation, and Artwork. You further agree that you will not use the name of the Licensor name, trademark(s), service mark(s) or any confusingly similar name, mark, or term, except as provided in this EULA. The Software and Artwork is licensed, not sold. This EULA does not grant you any rights to trademarks, service marks or copyrights of Licensor or the artists.
4. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY.
You may not reverse engineer, decompile, disassemble, revise or modify the Software, or derive source code, create derivative works, translate, merge or use the Software with other computer programs or software, or reproduce, transmit, transfer, distribute or export the Software or permit or authorize anyone else to do so.
5. NO RENTAL/COMMERCIAL SERVICES PROVISION.
You may not rent, lease, lend or provide commercial services with the Software or Artwork. You may not use this Software or Artwork to generate revenue in any way without the express written consent of Licensor.
6. CONSENT TO USE DATA.
You agree that Licensor and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Software. Licensor may use this information solely to improve its products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.
7. LINKS TO THIRD PARTY SITES.
Licensor is not responsible for the contents of any third-party sites or services, any links contained in third-party sites or services, or any changes or updates to third-party sites or services. If any links are provided, Licensor is providing these links and access to third-party sites and services to you only as a convenience, and the inclusion of any link or access does not imply an endorsement, sponsorship, or approval by Licensor of the third-party site or service.
8. ADDITIONAL SOFTWARE/SERVICES.
This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Software or Artwork that Licensor may provide to you or make available to you after the date you obtain your initial copy of the Software and Artwork, unless they are accompanied by separate terms. Licensor reserves the right to discontinue Internet-based services provided to you or made available to you through the use of the Software.
To use Software identified as an upgrade, you must first be licensed for the Software identified by Licensor as eligible for the upgrade. After installing the upgrade, you may no longer use the original software that formed the basis for your upgrade eligibility, except as part of the upgraded Software.
10. NOT FOR RESALE SOFTWARE.
This Software and Artwork, and all Licensor software is identified as "Not for Resale" or "NFR” and may not be sold or otherwise transferred for value, or used for any purpose other than demonstration, test or evaluation.
11. EXPORT RESTRICTIONS.
You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.
12. SEPARATION OF COMPONENTS.
The Software is licensed as a single product. Its component parts may not be separated for use.
13. SOFTWARE AND ARTWORK TRANSFER.
You may not transfer or copy the Software or Artwork other than as expressly authorized in the terms of this agreement unless you notifyand receive the express written approval of Licensor. Licensor may need to assist in any transfer of Software and transfer fees or other fees may apply.
14.1 Without prejudice to any other rights, Licensor may terminate this EULA if you fail to comply with any of the material terms and conditions of this EULA. In such event, you must immediately destroythe Software and Documentation and any copies or portions thereof.If requested and within seven (7) calendar days after such a request, you must certify in writing to Licensor that all copies of the Software and Documentation have been destroyed and are no longer in use by you. Should you have made copies of the software or distributed them, you must immediately disclose all particulars regarding these circumstances to the Licensor. In addition to termination, Licensor shall be entitled to all available remedies at law or in equity, including immediate injunctive relief without proving damages and repossession of the Software and Documentation. You acknowledge that your breach of this EULA will result in irreparable harm to Licensor for which monetary damages would be inadequate. If Licensor takes legal action against you, including, but not limited to, one or more compliance demands, correspondence pertaining thereto, or court action, for breach of this EULA or to comply with or enforce any the terms of the EULA, then you irrevocably agree to pay the attorney fees for Licensor and indemnify Licensor for any resulting monetary damages to Licensor pertaining to such legal action or the cause for such legal action.
14.2 We may terminate this EULA immediately and without incurring any liability by written notice to you: (a) if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 7 days after the service of written notice requiring you to do so; (b) if you breach any of the License Restrictions or the Acceptable Use Restrictions which can be updated on our website from time to time; and (c) if we decide in our sole discretion to no longer support the Software, Website, and/or Services.
14.3 On termination for any reason: (a) all rights granted to you under this EULA shall cease; (b) you must immediately cease all activities authorized by this EULA, including your use of any Software and Services; and (c) you must immediately delete or remove the Software from all Devices, and immediately destroy all copies of the Software and Documents then in your possession, custody or control and certify to us that you have done so; (d) and thereafter, you remain bound by the sections that by their nature or intended character can survive expiration or termination of this EULA (e)We will delete your user account and any data which you uploaded to the Software at any time in our sole discretion.
15. LIMITED WARRANTY FOR SOFTWARE ACQUIRED IN THE UNITED STATES AND CANADA.
15.1 Licensor warrants that the Software will perform substantially in accordance with the Documentation for a period of ninety (90) calendar days from the date of receipt.If an implied warranty or condition is created by your state, jurisdiction, or country and federal, state, provincial or your national law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY CALENDAR DAYS) provided that you notify Licensor in writing and such notification is received by Licensor during such ninety (90) calendar day period.
15.2 AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY CALENDAR DAY PERIOD, THERE IS NO WARRANTY OR GUARANTEEOF ANY KIND. However, some states, jurisdictions, and countries do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you.
15.3 Any supplements or updates to the Software, including without limitation, any service packs or hot fixes provided to you after the expiration of the ninety (90) calendar day Limited Warranty period are not covered by any warranty or guarantee, express, implied or statutory, except as may be expressly stated in any Documentation accompanying such service pack or hot fix.
15.4 FORCE MAJEURE.
Neither party will be liable for non-performance or delayed performance if caused by a “Force Majeure” which means an event, circumstance, or act of a third party that is beyond a party’s reasonable control, such as an act of God, an act of the public enemy, an act of a government entity, strikes or other labor disturbances, hurricanes, earthquakes, fires, floods, epidemics, embargoes, war, riots, terrorism, or any other similar cause. Each party will notify the other if it becomes aware of any Force Majeure that will significantly delay performance. The notifying party will give such notice promptly, but in no event later than ten (10) calendar days, after it discovers the Force Majeure. If a Force Majeure occurs, the parties will execute a change order to extend the schedule or warranty for a time period that is reasonable under the circumstances.
16. LIMITATION ON REMEDIES: NO DAMAGES OR INDEMNIFICATION.
16.1 Your exclusive remedy for any breach of the Limited Warranty of this EULA is as set forth below. Except for any refund elected by Licensor, YOU ARE NOT ENTITLED TO ANY DAMAGES, including but not limited to actual damages, consequential damages, special damages, incidental damages, punitive damages, or other damages arising out of use of the Software or Documentation, including but not limited to, loss of business, business interruption, loss of goodwill, loss of data, loss of information, economic loss, loss of use of your Device, damage to your Device, damage or loss or your server or your other electronic equipment or components, repair costs, downtime, injury, services rendered by or requested by you or other in connection with the Software or Documentation, or as a consequence of using the Software or Documents, nor will Licensor indemnify you or hold you harmlessnor any of your employees or agents, as a result of any of the preceding, under contract, tort, negligence or other theory of law or under any statute, law or regulation. No monetary damages shall be afforded Licensee or any third party for breach of this limited warranty.
In the event that a copyright take down notice for artwork Licensee purchased under the DMCA is received and acted upon by Licensor, Licensee can lose access to previously purchased artwork. Although effort may be made to proactively refund some or all of Licensees fees in connection with purchasing the taken down artwork, the onus is on Licensee to make this request of Licensor, which will be reasonably granted within Licensors sole discretion.
16.2 The terms of Sections 17, 18 and 19of this EULA are also incorporated into this Limitation of Remedies.
16.3 Some states/jurisdictions and countries do not allow the exclusion or limitation of incidental or consequential damages, so some of the above limitation or exclusions may not apply to you. The Limited Warranty of this EULA gives you specific legal rights. You may have other rights which vary from state, jurisdiction and country to state, jurisdiction and country.
16.4 YOUR EXCLUSIVE REMEDY. Licensor's and its suppliers' entire liability and your exclusive remedy for any breach of this Limited Warranty or for any other breach of this EULA or for any other liability relating to the Software and Documentation shall be, at Licensor's option from time to time exercised subject to applicable law, (a) return of the amount paid (if any) for the Software, or (b) repair or replacement of the Software if money has been paid, that does not meet this Limited Warranty and that is returned to Licensor with a copy of your receipt. You will receive the remedy elected by Licensor without charge, except that you are responsible for any expenses you may incur.
16.5 This Limited Warranty is void if failure of the Software has resulted from accident, negligence, or User’s misuse, abuse, misapplication, abnormal use, damage, or by not fully following the Documentation, by a worm or a virus, or by circumstances not under the control of Licensor. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) calendar days, whichever is longer, and Licensor will use commercially reasonable efforts to provide your remedy within a commercially reasonable time of your compliance with Licensor's warranty remedy procedures.
17. DISCLAIMER OF WARRANTIES.
17.1 The Limited Warranty that appears in this EULA above is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, Documentation, packaging, representations, advice or guidance your receive from representatives, service people, technical support, or maintenance people, or other employees or agents of Licensor or its suppliers, either before, during or after you acquired the Software and Documentation, or other communications.
- Except for the Limited Warranty and to the maximum extent permitted by applicable law, Licensor and its suppliers provide the Software, Documentation, and any technical assistance, maintenance and other support services AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties, guarantees and conditions, whether express, implied or statutory, including, but not limited to, any implied warranties, duties or conditions of: reliability, availability, accuracy or completeness of responses, results, workmanlike effort, lack of defects, errors, worms or viruses, lack of negligence, or that the Software will work with your Device or as per the Documentation, or that the Software will meet your needs, requirements or desires, or obtain your expected results, or that Licensor and its suppliers fail to provide any technical assistance, maintenance and other support services, information, software, and related content through the Software or Documentation or otherwise arising out of the use of the Software and Documentation.
- THERE IS NO WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE AND DOCUMENTATION.
18. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF LICENSOR OR ANY SUPPLIER, AND EVEN IF LICENSOR OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IT IS THE RESPONSIBILITY OF THE USER TO MAINTAIN THE SECURITY OF ANY DATA IT GATHERS, COLLECTS OR COMPILES VIA THE LICENSOR SOFTWARE.
19. LIMITATION OF LIABILITY AND REMEDIES.
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of Licensor and any of its suppliers under any provision of this EULA and your exclusive remedy hereunder (except for any remedy of repair or replacement elected by Licensor with respect to any breach of the Limited Warranty) shall be limited to the greater of the actual damages you incur in reasonable reliance on the Software up to the amount actually paid by you for the Software. The foregoing limitations, exclusions and disclaimers (including Sections 16, 17 and 18) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
20. U.S. GOVERNMENT LICENSE RIGHTS.
In the event that the Licensee is the United States Government or a United States Government agency, then the provisions of this section also apply. Use, duplication or disclosure of the Software and Documentation under Licensor’s copyrights and/or trade secret rights is subject to the restrictions set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights clause at Federal Acquisition Regulation (FAR) 52.227-19 (JUNE 1987), if applicable, unless being provided to the Department of Defense. If being provided to the Department of Defense, use, duplication, or disclosure of Software and associated documentation is subject to the restricted rights set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at Defense Acquisition Regulation Supplement (DFARS) 252.227-7013 (OCT 1988), if applicable. Software and Documentation may or may not include a Restricted Rights notice, or other notice referring specifically to the terms and conditions of this EULA. The terms and conditions of this EULA shall each continue to apply, but only to the extent that such terms and conditions are not inconsistent with the rights provided to the Licensee under the aforementioned provisions of the FAR or DFARS, as applicable to the particular procuring agency and procurement transaction.
21. APPLICABLE LAW.
If you acquired this Software and Documentation in the United States or Canada, then this EULA is shall be governed by and construed in accordance with the laws of the State of Illinois of the United States, excluding any choice of law rules which may direct the application of the laws of any other jurisdiction.You agree to the exclusive jurisdiction of the courts of Lake County, Illinoisfor any matter relating to the EULA, Software or Documentation. The EULA shall not be construed against Licensor on grounds of authorship.
22. ENTIRE AGREEMENT; SEVERABILITY.
This EULA (including any addendum or amendment to this EULA that may be included with the Software) is the entire agreement between you and Licensor relating to the Software, Documentation and any technical assistance, maintenance and other support services and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software Documentation or any other subject matter covered by this EULA. This EULA can be altered, amended, or modified only by a written instrument signed by an authorized representative of each party, except that Licensor may modify this EULA as necessary to comply with applicable laws and regulations.To the extent the terms of any Licensor policies or programs for any technical assistance, maintenance and other support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal in the state or country in which you acquired the Software and Documentation, the other provisions shall continue in full force and effect.
Failure or delay by Licensorto exercise any right under this EULA will not operate as a waiver of such right. For a waiver of a right to be effective, it must be in writing signed byLicensor. An effective waiver of a right shall not be construed as either a future or continuing waiver of that same right or the waiver of any other right.
24. PURCHASE OR ACQUISITION OF SOFTWARE IN A FOREIGN COUNTRY
The following LICENSOR GUARANTEE and provisions also apply to you if you acquired this Software in any country other than the United States or Canada. All the preceding provisions of this EULA apply to you if you purchased or acquired the Software and Documentation in any country other than the United States.
24.1 Statutory rights that cannot be waived by you are not affected by this EULA. You agree and hereby waive all statutory rights pertaining to this EULA that can be waived by you. The guarantee and limitations in this EULA is not restricted to any territory or country and does not affect any statutory rights that you may have from your reseller or from Licensor if you acquired the Software directly from Licensor.
The Software is designed and offered as a generalpurpose software, not for any user's particular purpose. You accept that the Software and Documentation arenot error free and may contain defects and you are strongly advised to back-up your files regularly. Provided that you have a valid license and in addition to the other provisions and limitations of this EULA, Licensor guarantees that a) for a period of ninety (90) calendar days from the date of receipt of your license to use the Software or the shortest period permitted by applicable law it will perform substantially in accordance with the Documentation that accompany the Software; and b) any technical assistance, maintenance and other support services provided by Licensor shall be substantially as described in any Documentation provided to you by Licensor and Licensor support engineers will use reasonable efforts, care and skill to solve any problem issues. In the event that the Software fails to comply with this guarantee, Licensor will either (a) repair or replace the Software or (b) return the price you paid. This guarantee is void if failure of the Software results from accident, negligence, misuse, abuse, misapplication, abnormal use, damages, worms, viruses, or by not fully following the Documentation, or by circumstances not under the control of Licensor. Any replacement Software will be guaranteed for the remainder of the original guarantee period or thirty (30)calendar days, whichever period is longer. You agree that the above guarantee is your sole guarantee in relation to the Software, Documentation and any technical assistance, maintenance and other support services.
24.3 Exclusion of All Other Terms
To the maximum extent permitted by applicable law and subject to the guarantee, limited warranty and other limitations in this EULA, Licensor disclaims all warranties, conditions and other terms, either express or implied (whether by statute, common law, collaterally or otherwise) including but not limited to implied warranties of satisfactory quality and fitness for particular purpose with respect to the Software and Documentation. Any implied warranties that cannot be excluded are limited to ninety (90)calendar days or to the shortest period permitted by applicable law, whichever is greater.
24.4 Limitation of Liability
To the maximum extent permitted by applicable law and except as provided in the Licensor Guarantee, Licensor and its suppliers shall not be liable for any damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising out of the use or inability to use the Software, even if Licensor has been advised of the possibility of such damages. In any case Licensor's entire liability under any provision of this EULAshall be limited to the amount actually paid by you for the Software. These limitations do not apply to any liabilities that cannot be excluded or limited by applicable laws.
- Consumer rightsin Australia, New Zealand or Malaysia
Consumers in Australia, New Zealand or Malaysia may have the benefit of certain rights and remedies by reason of the Trade Practices Act and similar state and territory laws in Australia, the Consumer Guarantees Act in New Zealand and the Consumer Protection Act in Malaysia in respect of which liability cannot lawfully be modified or excluded. If you acquired the Software in New Zealand for the purposes of a business, you confirm that the Consumer Guarantees Act does not apply. If you acquired the Software in Australia and if Licensor breaches a condition or warranty implied under any law which cannot lawfully be modified or excluded by this agreement then, to the extent permitted by law, Licensor's liability is limited, at Licensor's option, to: (i) in the case of the Software: a) repairing or replacing the Software; or b) the cost of such repair or replacement; and (ii) in the case of any technical assistance, maintenance and other support services: a) re-supply of the any technical assistance, maintenance or other support services; or b) the cost of having the technical assistance, maintenance or other support services supplied again.
25. USER INTERACTION WITH GALLOREY (LICENSOR)
25.1 Users will come to our ecommerce site to browse and purchase portfolios of art. When they purchase a portfolio, they are purchasing the right to view it – they will not own the rights and will be prevented (via right-click protections and other technical implementations) from disseminating the images for free on the internet.
25.2 Users will have a “cloud library” of portfolios which they have purchased. Users can lose the right to view the portfolio in the cloud library if a copyright holder submits a take-down notice to us for that portfolio that in our opinion, is compliant with the Digital Millennium Copyright Act (DMCA) or any other law. With the express authorization of Licensor, User may be allowed to download copies of their portfolios locally.
25.3 Users can at their option also interact with Licensor Gallorey via Licensor’s app (application).
25.4 Users will pay for portfolios on the Gallorey website via PayPal payment gateways or by other means approved by Licensor Gallorey.
25.5 User acknowledges that Gallorey is an online art store and notwithstanding any assistance, advice or other representations to the contrary, users exclusive remedy for refund(s) for artwork purchased is from the artist or others selling their artwork on Gallorey’s website and/or utilizing Gallorey’s software.
26. MOBILE GALLOREY APPLICATION OF LICENSOR MAY INCLUDE:
26.1Quick means of going from picture to picture with page numbers or timestamps in plain view.
- Ability to mark images as “viewed”, so a reader will know where they are at in the portfolio
26.3 Ability to lock and unlock images past the point of the next image to be viewed. This feature would prevent accidental spoiler images.
26.4Ability for user to set the default table of contents for their version of the portfolio, as well as change which table of contents to use, if necessary, and if another is available.
26.5 Ability to download the portfolio to the User’s phone, tablet, computer, and/or access them from the cloud.
27. BASIC USER FLOW
27.1 Download app from app store.
27.2 Open app, login and register device.
27.3 User is presented with a basic menu and library that allows them access to their portfolios online or the ability to download them to their device.Library is populated by portfoliocover images and titles that the user owns.
- User finds desired portfolio.
27.6 User selects preferred/default table of contents to use for portfolio image navigation.
- Using selected table of contents, user navigates to and opens image.
28. Digital Millennium Copyright Act Notice.
28.1 It is our policy to respond to notices of alleged copyright infringement, in compliance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws. Our response to these notices may include removing or disabling access to copyrightable content claimed to be the subject of infringing activity and/or terminating user accounts. If we remove or disable access to any such content in response to such a notice, we will make a good-faith attempt to contact the user that uploaded the content, so that they may make a counter notification. We will, in appropriate circumstances, terminate the accounts of repeat infringers.
28.2 If a copyright owner or an agent thereof believes that any content or link on the Application infringes upon such owner's copyrights, the copyright owner may submit a notice which, pursuant to the DMCA, must contain the following:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim is being infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Application;
- Information reasonably sufficient to permit the Company to contact you, such as your address, telephone number, and e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Our designated DMCA copyright agent to receive notices of infringing material is Brooke Vega. Notices should be sent via email email@example.com. Only DMCA notices should go to our DMCA copyright agent. DMCA notice may not be valid if they fail to comply with all of the requirements of the DMCA.
29 ACCEPTING THE TERMS OF THE EULA
29.1 Click to accept the EULA, use the Software, and view, retrieve or download the Artwork. In order to use the Software and view, retrieve or download the Artwork accompanying this EULA, you must agree to the Terms. You can accept the Terms by:
(a) clicking to accept or agree to the Terms of the EULA, where this option is made available to you by Licensor in the user interface for the Service; or
(b) using the app, in this case, you understand and agree that Licensor will treat your viewing and use of the portfolio of artwork as acceptance of the Terms of this EULA from that point onwards.
29.2 Users and Licensee hold harmless Licensor for any and all liability or allegations made against them in connection with the artwork they purchased from Licensor and/or on Licensors website or utilizing its software. In the event allegations of violations or infringement of copyrights, trademark, right of publicity or other laws in any jurisdiction by an owner or third party are made against Licensee or user in connection with Licensees purchase or use, their exclusive remedy is against the Artist. Licensor is an online dealer broker and in their discretion, they can choose to refund the brokerage fee made in connection with the transaction but are not obligated to. In no event shall liability to Licensee extend beyond the brokerage paid by Licensee to Licensor for artwork. In the event Licensee claims damages in court or otherwise against Licensor, Licensee hereby agrees to indemnify Licensor for all damages, including court costs, expert witnesses, attorney’s fees, travel costs, court reporting fees and incidental costs in connection with defending a claim brought or alleged by or on behalf of Licensee. Licensee agrees that its exclusive remedy is against the artist. This provision survives termination of this agreement between Licensee and Licensor.
29.3 Licensee agrees they will not authorize, encourage or allow others to use or make purchases on Licensors website or use their software; download, distribute, copy purchased artwork, hack Licensors website in an attempt to get free artwork, copy or use the code or other graphics; make online complaints (anonymously or otherwise) or broadcast negative commentary or complaints over other media without first verifying their truth and attempting to first redress complaints with Licensor. Moreover, should a negative commentary by user or complaint be designed to harm Licensors business, disparage or otherwise be misleading regarding an incident that occurred, Licensee will immediately take measures to retract and take down such negative commentary or Licensor can hire a professional to do this at Licensors sole discretion and at Licensee’s expense, which can include but is not exclusive to attorney’s fees, court costs, marketing and promotional expenses for enforcing this term. Likewise, should Licensor find comments or content uploaded or downloaded to its website objectionable for any reason, Licensor in its sole discretion may remove such content. This provision survives termination of this agreement.
29.4 User agrees they will not make false statements and/or notifications, including registration of email addresses belonging to other parties, wrong names or addresses that identify the user; communicate to other users, the artist or Licensor or otherwise broadcast language or images that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience
29.5 Certain material contained on this website may be considered by some to be harmful to minors. Although Gallorey is dedicated to artistic works, we cannot guarantee these artistic works will not also be considered by some as pornographic or offensive. User agrees that we have no obligation to take down, censor or warn others beyond this provision of content it or others find pornographic or offensive.
29.6 Authority to Accept the Terms of the EULA. You represent that you have full power, capacity and authority to accept the EULA. If you are accepting on behalf of your employer or another entity, you represent that you have full legal authority to bind your employer or such entity to these Terms. If you don't have the legal authority to bind, please ensure that an authorized person from your entity consents to and accepts these Terms.