TERMS OF SERVICE
These Terms of Service establish your right to control information and your privacy. This document also describes how Good Gallery LLC (“Good Gallery”, “we”, “us”, “our”) collects, shares, secures, and uses personal information.
These Terms of Service are effective January 1, 2020. RESPONSIBILITIES clarifications were added on January 11, 2021. WARRANTY clarifications were added on September 13, 2021.
“USER” or collectively “USERS” refer to Good Gallery customers who subscribe to our SERVICES or who visit our company website.
“END USER” or collectively “END USERS” refer to customers and visitors to USER websites.
“USER CONTENT” refers to content added, collected, and managed by USERS and includes audio, code, images, links, logos, marks, photos, text, video, and other similar materials, without limitation. This also refers to the entirety of USER websites operating on our SERVICES.
“PERSONAL INFORMATION” may include your comments, email addresses, names, passwords, payment or bank details, phone numbers, photos, physical addresses, reviews, and similar related information. This data can be used on its own or with other information to identify, contact, or locate a person, or to identify an individual in context.
“NON-PERSONAL INFORMATION” may include browser type, clickstream information, dates and times, entrance pages, error messages, exit pages, files accessed, IP addresses, load times, location information, operating system, pages visited, referring websites, unique device identifiers, and similar data to analyze trends and to manage server security.
“SERVICE” or collectively “SERVICES” refers to applications, features, software, tools, and websites provided to USERS.
These Terms of Service apply to your SERVICES. This document does not affect any rights you may have under applicable data protection laws.
By using or accessing our SERVICES, you agree to our Terms of Service. If you use or access our SERVICES on behalf of an organization, you represent that you are authorized to accept these Terms of Service on your organization’s behalf.
If you don’t agree to our Terms of Service, you may not use or access our SERVICES.
You’re solely responsible for your account and all activity associated with your account. Your login information should be kept secure and confidential. We’re not liable for any acts or omissions by you in connection with your Account. You agree to notify us if you suspect your account has been compromised.
When you create an account, you must provide us with complete and accurate information. If your contact information changes, you agree to notify us of any changes immediately.
The USER CONTENT you add or upload to our SERVICES is your responsibility. You certify that you own or have permission to display that USER CONTENT. Although we display your content though our SERVICES at your direction, you continue to own that USER CONTENT.
We do not endorse USERS or USER CONTENT and we are not liable for harmful, illegal, inaccurate, incorrect, objectionable, offensive, protected, or unlawful USER CONTENT stored or published on our SERVICES.
When you add or upload USER CONTENT to our SERVICES, you grant Good Gallery LLC an irrevocable, non-exclusive, perpetual, royalty-free, worldwide license to adapt, change, communicate, distribute, host, modify, publicly display, publicly perform, publish, reproduce, store, translate, and use USER CONTENT for the limited purpose of allowing us to provide our SERVICES.
We may ask your permission to promote or feature your company and your website. If you agree, we may feature your USER CONTENT in our marketing materials and on our website.
You represent and warrant that you have the rights and permissions to own the rights to adapt, change, communicate, distribute, host, modify, publicly display, publicly perform, publish, reproduce, store, translate, and use the USER CONTENT you publish using our SERVICES and that your use will not infringe on the contract rights, copyrights, intellectual property, privacy rights, proprietary rights, publicity rights, trade secrets, or trademarks of any third party.
You represent and warrant that your use of our SERVICES is not contrary to any laws.
Additionally, you agree that you cannot encourage, promote, or distribute harmful, illegal, fraudulent, or offensive USER CONTENT or USER CONTENT harmful to our operations or reputation. Examples include but are not limited to child pornography, bestiality, fraudulent goods or services, non-consensual sex acts, ponzi schemes, and violence (advocated, encouraged, implied, or real).
Your END USERS are your responsibility. You agree that you are responsible for compliance with any laws related to the use of our SERVICES. Furthermore, your END USERS relationships and any laws relating to USER CONTENT are your responsibility.
Our SERVICES are copyright and trademark protected. We do not grant rights, titles, or interest in our SERVICES or USER CONTENT. You agree to not change or create derivative works of our SERVICES.
You agree that any feedback, ideas, or suggestions you offer can be used by us without restriction or obligation. Any response to feedback, ideas, or suggestions is not binding and doesn’t guarantee future SERVICES.
To operate and protect our SERVICES, we reserve the following rights which can be exercised at any time and at our sole discretion without liability or notice. They include: (1) we may change the functionality of our SERVICES, (2) we may suspend or discontinue parts or all the SERVICES, and (3) we may terminate, suspend, or disable your access to our SERVICES.
When ownership of USER CONTENT is in dispute, we reserve the right to suspend access to that USER CONTENT until a resolution is reached by the disputing parties.
You agree and warrant that you are solely responsible when using our SERVICES to comply with all applicable notice and consent requirements, data protection, security, privacy laws, marketing laws, and regulations including, where applicable, the EU General Data Protection Regulation and the EU e-Privacy Directive/Regulation.
We comply with copyright law and require that you comply too. When alleged copyright infringement occurs, we reserve the right to delete or disable alleged infringing USER CONTENT.
Payments for SERVICES include monthly or annual subscriptions and one-time payments. We will bill you at regular intervals on the anniversary date of your original payment for monthly or annual subscriptions.
If you don’t pay for our SERVICES on time, we reserve the right to suspend or cancel our SERVICES. You may cancel your subscription to our SERVICES by sending your request to email@example.com.
Refunds of your annual or monthly subscriptions, your one-time startup fee, and any other service not yet begun or completed is available if your request is made within the first 30 days of your subscription. After 30 days, fees are not refundable. For cancellations occurring outside of the 30-day period, refunds are not available. Early cancellation of a subscription does not entitle USERS to prorated refunds.
We reserve the right to change our fees at any time. Notice to USERS will be provided in advance, and new fees will not be applied retroactively.
If your bank declines, reverses, or issues a chargeback, we reserve the right to suspend or terminate our SERVICES. We reserve the right to dispute reversals.
We use a third-party payment processor to process payments. Your payments are subject to our Terms of Service and the terms, conditions, and privacy policies of Stripe, our payment processor.
You’re solely responsible for claims, comments, complaints, delivery, fees, fulfillment, taxes, and warranties, related to products or services purchased from you by END USERS.
If products or services are listed with an incorrect price, we reserve the right to refuse or cancel and refund orders for those incorrectly priced products or services.
Our SERVICES are provided without warranty. As permitted by law, we make no warranties, either express or implied, about our SERVICES. Our SERVICES are provided “as is” and “as available.”
Where allowed by law and by the maximum extent permitted by law, we make no warranty or representation that our SERVICES will be error-free, be timely, be uninterrupted, or meet your requirements and expectations. However, we will endeavor to provide SERVICES that meet those standards.
We also don’t provide warranties for the partial or total failure of SERVICES due to acts of God, acts of government, acts of regulation, civil unrest, communication failures, computer failure, failure of internet service providers, failure, or delay in transmission of communications, fire, industrial action, insurrection, network failure, strike, terrorism, war, or any other reason beyond our reasonable control.
We don’t provide warranties for website ADA compliance. USER CONTENT is controlled by USERS, and USERS must ensure ADA compliance where applicable.
LIMITATION OF LIABILITY
You acknowledge and agree that to the fullest extent permitted by applicable law, that Good Gallery LLC and its directors, officers, employees and agents will not be liable with respect to any claims arising out of or related to the SERVICES or this Agreement including (1) any indirect, special, incidental, exemplary, punitive or consequential damages, (2) any loss of profits, revenue, data, goodwill or other intangible losses, (3) any damages related to your access to, use of or inability to access or use parts, some or all of our SERVICES including without limitation interruption of use or cessation or modification of any aspect of our SERVICES, (4) any damages related to unavailability, degradation, loss, corruption, theft, unauthorized access, or unauthorized alteration of, any content, information or data, including without limitation USER CONTENT, (5) or any USER CONTENT or other conduct or content of any USER or third party using the SERVICES.
These limitations apply to any theory of liability, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, whether Good Gallery LLC has been informed of the possibility of such damage, and even if a remedy set forth in this Agreement is found to have failed its essential purpose.
As permitted by applicable law, the aggregate liability of Good Gallery LLC for all claims arising out of or related to the SERVICES and this Agreement shall not exceed the greater of twenty dollars ($20) or the amounts paid by you to Good Gallery LLC in the twelve (12) months immediately preceding the events that gave rise to all claims.
To the fullest extent permitted by law, you agree to indemnify and hold harmless Good Gallery LLC and our directors, officers, employees and agents from and against all damages, losses, liabilities, costs, claims, demands, fines, awards and expenses of any kind including without limitation reasonable attorney fees and costs arising out of or related to: (1) your breach of this Agreement, (2) your USER CONTENT, (3) any claims by, on behalf of or against your END USERS, or (4) your violation of any law or regulation or the rights of any third party.
Claims can be asserted in small claims court in Houston, Texas. You agree to only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class actions, class arbitrations, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
TERM AND TERMINATION
This Agreement will remain in effect until terminated. You may terminate this Agreement at any time by sending an email to firstname.lastname@example.org. At that time, we will suspend or cancel our SERVICES. All portions of this Agreement that should survive termination shall survive termination.