Terms of Use
Welcome to the GalleryPlayer website (the “Site”) which is owned and operated by GalleryPlayer, Inc. (“GalleryPlayer”). GalleryPlayer makes available for your use via the Site and linked sites certain content, including photographs, text, trademarks, logos, sounds, music, artwork, graphics, images, and any other product, materials or information protected by copyright, trademark, patent or other intellectual property rights (individually and collectively, the “Content”), software (the “Software”), and services (the “Services”). Your access to and use of the Site, Software, Content and Services are subject to these Terms of Use (“Terms of Use”) and all applicable laws. Your use of the Site constitutes your agreement to all of the terms contained herein.
We reserve the right to change the Terms of Use at any time without prior notice and, by using the Site subsequent to any revision of the Terms of Use, you agree to be bound by such changes.
1. Rights to the Software and the Content. Any Software or Content that may from time to time be made available for downloading from and/or presented on the Site is protected by copyright and may be protected by other rights. The use of such Software and Content is governed by the terms of the End User License Agreement (www.galleryplayer.com/eula.html) as well as these terms. The download and use of such Software or Content is conditioned on your agreement to be bound by the terms of such license agreement.
2. Ownership; Copyright. Except where otherwise indicated, the Content, Software and Services featured or displayed on this Site, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software, belong to GalleryPlayer and its licensors. Unauthorized use of the Software, Content or the Services will subject you to liability under copyright, trademark, trade dress, unfair competition, and other laws of the United States and other countries.
The Software, Content and Services may not be used except as provided in these Terms of Use and the End User License Agreement. You may not sell or modify the Software or the Content, , or reproduce, republish, display, publicly perform, distribute, or otherwise use the Content, the Software or the Site in any way for any public or commercial purpose. Unauthorized use of the Software, the Content or the Site, on any other website, in a networked computer environment, in printed materials, or otherwise, for any purpose, is prohibited.
3. Use of the Site. You may not use any automatic device, program, or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site, any Content, or Software or in any way reproduce or circumvent the navigational structure or presentation of the Site, to obtain documents or any information through any means not purposefully made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, or interferes with the proper functioning of the Site. You may not use the Site, the Software or any Content for any purpose that is unlawful or prohibited by these terms.
You may use other information on the Site (information other than the Content and Software, such as product descriptions, documentation, marketing materials purposefully made available by GalleryPlayer for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial purpose, and do not copy or post such information on any networked computer or broadcast it in any media, (3) not repurpose or use as your own any descriptions of image galleries and/or descriptions of images, and (4) make no modifications to any such information.
4. Age and Responsibility. You represent that you are of sufficient legal age to use this Site and to create binding legal obligations for any liability you may incur as a result of the use of this Site. You understand that you are financially responsible for all uses of this Site by you and those using your login information.
5. Passwords. Where required by the Site, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a login and password. You are entirely and solely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely and solely responsible for any and all activities that occur under your account. You agree to notify GalleryPlayer immediately of any unauthorized use of your account or any other breach of security. GalleryPlayer will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by GalleryPlayer or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
6. Purchases. Additional terms and conditions may apply to your purchases of products and services via the Site. You agree to abide by such other terms and conditions. GalleryPlayer may change the products or services offered on the Site, or the applicable prices, at any time, without notice.
7. Privacy and Security. Registration data, including your name, billing and shipping address, credit card information, email and password and certain other information about you is subject to our Privacy Statement (www.galleryplayer.com/privacy.html). You understand that through your use of the Site you consent to the collection and use of this information as set forth in the GalleryPlayer Privacy Statement. You acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others.
8. Disclaimer of Warranties. The Site, Software, Content and Services are provided “As Is”. Your use is at your own risk. GalleryPlayer makes no representations or warranties regarding any information or material on the Site. GalleryPlayer, as well as any other party involved in creating, producing, or delivering the Site including, without limitation, the Software, the Content and any Services, specifically disclaim any liability or responsibility for any errors or omissions in the Software, the Content, the Services and the Site.
GALLERYPLAYER DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THIS SITE AND ITS SERVER, THE SOFTWARE, AND THE CONTENT ARE FREE OF COMPUTER VIRUSES AND/OR OTHER HARMFUL MATERIALS. GALLERYPLAYER CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATHERS. IF YOUR USE OF THE SITE, THE SOFTWARE, THE CONTENT OR THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, GALLERYPLAYER IS NOT RESPONSIBLE FOR THOSE COSTS. GALLERYPLAYER, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, IS TO STOP USING THE SITE. THIS LIMITATION OF RELIEF IS PART OF THE BARGAIN BETWEEN GALLERYPLAYER AND YOU.
9. Limitation of Liability. EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, NEITHER GALLERYPLAYER NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, CONTENT PROVIDERS, SUPPLIERS OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, ARISING FROM THE USE OR PERFORMANCE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, SERVICES, SOFTWARE OR OTHER PRODUCTS PROVIDED THROUGH THIS SITE, EVEN IF GALLERYPLAYER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS SITE, OR ANY PORTION THEREOF, YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE USING THE SITE. Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
If notwithstanding the other provisions of these terms of use, GalleryPlayer is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site, GalleryPlayer’s liability shall in no event exceed the greater of the amounts paid by you for use of the Software, Content and Services during the 12 months immediately preceding the incident giving rise to liability or one hundred United States Dollars. This limitation is cumulative and will not be increased by the existence of more than one incident or claims.
10. Monitoring. GalleryPlayer has no obligation to monitor use of the Site or retain the content of any user session. However, GalleryPlayer reserves the right at all times and without notice to delete any content and to monitor, review, retain and/or disclose any content or other information in GalleryPlayer’s possession, however obtained, about or related to you, your use of the Site or otherwise as necessary or useful to satisfy any applicable law, regulation, legal process, or governmental request. GalleryPlayer is not responsible for any failure or delay in removing content.
11. Trademarks. All of the trademarks, logos, and service marks and other credits appearing on the Site or in the Content (the “Trademarks”) are the registered and unregistered trademarks of GalleryPlayer and third parties, and are protected under the laws of the United States and other countries. Without the prior written permission of the trademark owner, you may not use or display the Trademarks in any manner. Use on this Site of the Trademark(s) of any other party is not intended to imply GalleryPlayer's affiliation with or endorsement of that party, or that party's sponsorship or endorsement of GalleryPlayer, its products or services. You may not remove or modify any Trademarks contained on the Site or in the Content.
12. Links to Other Sites. The Site may contain links to sites not operated or maintained by GalleryPlayer. These links are provided solely as a convenience to you and not as an endorsement by GalleryPlayer of the content of such third party sites. GalleryPlayer is not responsible for the content of the sites of others and makes no representation regarding the content or accuracy of materials on such sites. If you decide to access linked third-party sites, you do so at your own risk, and waive any and all claims against GalleryPlayer regarding the inclusion of links to outside sites or your use of those sites. The third party sites may contain user agreements or terms and conditions and privacy policies to which you are subject while using those sites. We encourage you to become familiar with these policies when you access those sites. GalleryPlayer reserves the right to terminate any link or linking program at any time.
13. Unsolicited Submissions/Feedback. GalleryPlayer does not accept or consider unsolicited ideas, including ideas for new products, services, technologies, processes, marketing plans or new product names. Please do not send any original artwork, samples, demos or other works. If you do send such materials, GalleryPlayer makes no assurances that your ideas and materials will be treated as confidential or proprietary. Any feedback you provide on this Site will be deemed non-confidential. GalleryPlayer is free to use such information on an unrestricted basis.
14. International Use. GalleryPlayer makes no representation of any kind that all content, materials and services on the Site are appropriate or available for use in all geographic locations, especially some locations outside the United States, and accessing such from certain locations may be illegal and prohibited. Those accessing the Site from such locations act on their own initiative and we are not responsible for their compliance with applicable laws.
15. Electronic Communications. When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. GalleryPlayer reserves the right to disclose any information that GalleryPlayer deems necessary to comply with any applicable law or governmental request, including any communication by you with GalleryPlayer or on or through the Site.
16. Governing Law and Venue. This Agreement shall be interpreted, construed and governed by the laws of the State of Washington, USA, without reference to its laws relating to conflicts of law and not including the provisions. Venue for all disputes arising under this Agreement shall lie exclusively in the Superior Courts of the State of Washington in King County or the Federal District Courts of the Western District of Washington (as permitted by law). You waive any objection to such venue and jurisdiction. Any claim under these Terms of Use must be brought within one year after the cause of action arises, or such claim or cause of action is barred.
17. Termination. GalleryPlayer reserves the right, in its sole discretion, to do any of the following, at any time, without notice: (1) modify, suspend or terminate operation of or access to the Site or any portion of the Site, for any reason, and (2) interrupt the operation of the Site, or any portion of the Site.
18. Equitable Relief. You agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to GalleryPlayer for which monetary damages would be inadequate, and you consent to GalleryPlayer obtaining any injunctive or equitable relief that GalleryPlayer deems necessary or appropriate in such circumstances, in addition to any other remedies GalleryPlayer may have at law or in equity. If GalleryPlayer does take any legal action against you as a result of your violation of these Terms of Use, GalleryPlayer will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to GalleryPlayer. You agree that GalleryPlayer will not be liable to you or to any third party for termination of your access to the Site.
19. Indemnification. You agree to indemnify, defend and hold GalleryPlayer and its officers, directors, shareholders, predecessors, successors in interest, employees agents subsidiaries and affiliates harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against GalleryPlayer by any third party due to or arising out of or in connection with your use of the Site.
20. Void Where Prohibited. GalleryPlayer administers the Site from its location in Seattle, Washington, U.S.A. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. GalleryPlayer reserves the right to limit, in its sole discretion, the provision and quantity of any features, product or service to any person or geographic area. Any offer for any features, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you are solely responsible for complying with applicable local laws. You may not use or export or re-epxort any Content in violation of any applicable laws or regulations.
21. Miscellaneous. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between GalleryPlayer and you with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and GalleryPlayer with respect to such use are hereby superseded and cancelled. GalleryPlayer’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by GalleryPlayer of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between GalleryPlayer and you or any other party be deemed to modify an provision of these Terms of Use.
22. Specific Terms Applicable to Different Product and Service Offerings.
• Subscription Service. If you access the Content via GalleryPlayer’s subscription service, you acknowledge that not all Content available via the Site may be available as part of the Subscription Service. Your access to the Content shall be limited to the term for which you’ve paid.
• Use of Content On or Through Third Party Devices. You acknowledge that GalleryPlayer is not responsible for any issues arising from or related to devices or equipment provided by third parties and used to display or obtain access to the Content, including but not limited to memory devices (such as an SD card or USB drive), export devices and similar equipment, such as defects or errors in such equipment or their inability to display or effect the display of Content.