End user agreement for Dropgallery
A. GENERAL TERMS
2. Hosting Service Terms
3. Sales Terms
4. License Agreement
5. Copyright and Limited License
The Site and all Photos, text, video, code and other content and materials on the Site and the selection and arrangement thereof (collectively, the "Site Materials") are the property of DropGallery or its licensors or users and are protected by United States and international copyright laws.
1. The collection, copying or distribution of any portion of the Site or the Site Materials;
2. Any resale, commercial use, commercial exploitation, distribution, public performance or public display of the Site or any of the Site Materials;
3. Modifying or otherwise making any derivative uses of the Site or any of the Site Materials;
4. Scraping or otherwise using any data mining, robots or similar data gathering or extraction methods;
5. with the exception of your own photos, or others' photos available for download, the downloading of any portion of the Site, the Site Materials or any information contained therein; or
6. Any use of the Site or the Site Materials other than for their intended purposes.
Any use of the Site or of any Site Materials other than as specifically authorized herein, without the express prior written permission of DropGallery or the Content Owner, is strictly prohibited and will terminate and constitute a breach of the license granted herein.
6. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act and other applicable law, DropGallery has adopted a policy of terminating, in appropriate circumstances and at DropGallery's sole discretion, account holders who are deemed to be repeat copyright infringers. DropGallery may also, at its sole discretion, limit access to the Site and/or terminate any account holders who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
"DROPGALLERY", the DropGallery logo, the look and feel of the Site, and any other Product or Service names, logos or slogans of DropGallery contained in the Site are trademarks of DropGallery (collectively, the "DropGallery Marks") and may not be copied, imitated or used without the prior written permission of DropGallery. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners.
You may create a text hyperlink to the Site, provided such link does not portray DropGallery or any of its Products or Services in a false, misleading, derogatory or otherwise defamatory manner this limited right may be revoked by DropGallery at any time. Further, you may not, frame the Site without DropGallery's express written consent.
DropGallery makes no representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. DropGallery provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation or endorsement of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern.
9. Third Party Content
DropGallery may host third party content on the Site ("Third Party Content") solely as a convenience to its users. Such inclusion does not imply affiliation, endorsement, approval, or control by DropGallery of any Third Party Content. DropGallery makes no claim or representation regarding, and accepts no responsibility for, such Third Party Content or for the quality, accuracy, nature, ownership or reliability thereof. Users use such Third Party Content at their own risk.
10. Advertisements and Promotions; Third Party Products and Services;
DropGallery subscribers (on their own sites) or DropGallery (on public areas of the Site) may run advertisements and promotions from third parties on the Site or facilitate the sale of certain products or services by third parties through the Site. Your business dealings or interactions with such third parties, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party, and DropGallery does not endorse, approve, or control any such products, services, advertising or promotions. DropGallery 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 such advertisers or third party products and services on the Site.
11. User Content
The Site includes media hosting and storage services, discussion forums or other interactive areas in which you or other users may post or transmit Photos, text, music, messages, information or other content or materials ("User Content"). You are solely responsible for the User Content you post or transmit and you agree not to post, transmit or otherwise publish through the Site any of the following:
1. User Content that is unlawful, defamatory, obscene, pornographic, indecent, lewd, sexually suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or harmful, including without limitation photographs or other User Content containing nudity that would be unacceptable in a public museum where minors visit;
2. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, endanger national security, or that would otherwise create liability or violate any local, state, national or international law;
3. User Content that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or other proprietary right of any party;
4. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
5. Unsolicited promotions, political campaigning, advertising or solicitations;
6. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
7. Viruses, corrupted data or other harmful, disruptive or destructive files; and
8. User Content that, in the sole judgment of DropGallery, is objectionable, harmful or which restricts or inhibits any other person from using or enjoying the Site, or which may expose DropGallery or its users to any harm or liability of any nature.
Although DropGallery has no obligation to screen, edit or monitor any of the User Content posted on the Site, DropGallery reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense.
You retain the copyright in any User Content you post on the Site. DropGallery neither has nor wants any ownership of your Content. However, by uploading and/or posting any User Content to the Site, you grant DropGallery a perpetual, nonexclusive and royalty-free right to use the User Content and the name that is submitted in connection with such User Content, as is reasonably necessary to display the User Content, provide the Services and to facilitate, at Content Owner's direction, the license of Photos or the sale of Products on the Site.
You understand and acknowledge that any User Content contained in public postings, including any galleries that are not designated as unlisted, will be accessible to the public and could be accessed, indexed, archived, linked to and republished by others including, without limitation, appearing on other web sites and in search engine results. Therefore, you should be careful about the nature of the User Content you post. DropGallery will not be responsible or liable for any third party access to or use of the User Content you post. DropGallery provides many security options and settings for your content and you should read and understand them all.
12. Your Account.
Certain activities on the Site require you to register and create an account. In order to create an account, you must be 18 years of age or older. By registering, you represent and warrant that you are over 18 and that all information you provide in the registration form ("Registration Data") is complete and accurate. DropGallery reserves the right to refuse service to anyone at any time, with or without cause in its sole discretion. You agree to keep your registered email addresses and other Registration Data current and complete, as DropGallery may send important notices about your account or the Services to that email account.
13. Account Security
You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password and to your computer while logged into the Site. You agree to accept responsibility for all activities that occur under your account or from your computer. We endeavour to use reasonable security measures to protect against unauthorized access to your account and to any User Content you designate as unlisted, hidden or password-protected. We cannot, however, guarantee absolute security of your account, your User Content or the personal information we collect, and we cannot promise that our security measures will prevent third-party "hackers" from illegally accessing the Site or its contents. You agree to immediately notify DropGallery of any unauthorized use or your account or password, or any other breach of security, and to accept all risks of unauthorized access to the Registration Data and any other information you provide to DropGallery.
14. DISCLAIMER OF WARRANTIES
THE SITE, THE SITE MATERIALS, THE PRODUCTS AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DROPGALLERY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE SITE, THE SITE MATERIALS, THE PRODUCTS AND THE SERVICES.
DROPGALLERY DOES NOT REPRESENT OR WARRANT THAT THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE, ITS SERVERS OR EMAIL SENT FROM DROPGALLERY OR THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DROPGALLERY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. DROPGALLERY ALSO MAKES NO REPRESENTATION OR WARRANTY REGARDING THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SITE AND SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ANY MODIFICATION, SUSPENSION, UNAVAILABILITY, OR DISCONTINUANCE OF THE SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREON.
15. LIMITATION OF LIABILITY
IN NO EVENT SHALL DROPGALLERY OR ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS 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 OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OR VIEW THE SITE, THE SERVICES, THE PRODUCTS, THE CONTENT OR THE SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM DROPGALLERY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY TERMINATION, SUSPENSION OR OTHER FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO DROPGALLERY'S RECORDS, PROGRAMS OR SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DROPGALLERY, 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 OR INABILITY TO USE THE SITE, THE SERVICES, THE PRODUCTS, THE CONTENT OR THE SITE MATERIALS, EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO DROPGALLERY FOR ACCESS TO OR USE OF THE SITE OR THE SERVICES OR FOR THE PURCHASE OF PRODUCTS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
17. Applicable Law