Galley's TERMS OF SERVICE
We know that you’ll find Galley to be a valuable community. As with any community, we need to set some guidelines. Most of this are common sense and common courtesy. We want to be clear that there is no tolerance for objectionable content or abusive users.
§1 — Eligibility
- By using Galley, you promise that you are at least 18 years of age. If you are under age 18, you may not use Galley.
- Because we run Galley for the enjoyment of our users, we may, at our sole discretion, refuse to offer Galley to any person or entity and change our eligibility criteria at any time.
- You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules, and regulations applicable to you and they may be revoked where these Terms of Service or use of Galley is prohibited or to the extent the offering, sale, or provision of Galley conflicts with any applicable law, rule, or regulation.
§2 — Login and Registration
- While some features of Galley may be available to unregistered users, for broader access to Galley you must register with Galley by creating a user account (“Account”) or by logging in using Facebook or other secure means that we may make available.
- If you register with Galley by setting up an Account, you must provide accurate information for the required fields included on the registration page (such as email address and a password). You are responsible for updating the accuracy of the information that you provide to us to be associated with your Account.
- Regarding usernames, you shall use your real name. You shall not (i) select or use, as your username, the name of another person with the intent to impersonate that person; (ii) select or use, as your username, a name subject to any rights of a person or entity other than you without appropriate authorization or (iii) select or use, as your username, a name that is otherwise offensive, vulgar, or obscene.
§3 — Member Profiles
- If you elect to link your Galley Account to your social network accounts, we may access certain information from those accounts that you have made available (such as your name, avatar, biography, etc.) to use as the basis of your Galley profile. By providing such information, you permit us to communicate with you through third-party social network accounts that you authorize through Galley.
- We may also use the information that you make available to us through your profile and accounts to customize your experience on Galley.
§4 — Subscriptions
- We may offer a limited free experience of Galley. In addition, we offer subscription memberships. Features and prices are subject to change. All fees may be subject to taxes.
- Users who purchase annual subscriptions have ten (10) days after their purchase to cancel and receive a full refund. Users who purchase monthly subscriptions have five (5) days after purchase to cancel and receive a full refund. After the cancellation period ends, all purchases are final and all fees paid are non-refundable, even if your account is later terminated by us. If your account is terminated due to your breach of this Agreement during the relevant cancellation period, you will not be refunded.
- You may choose to renew your subscription at the end of the subscription period. By default, all subscriptions are set to automatically renew for the same period of time as the original subscription. You may decline to renew at any time prior to the commencement of a renewal subscription. We reserve the right to deny subscriptions, renewals, and other purchases for any reason.
- When a subscription ends, we may disable access to or delete any Account or Content.
§5 — Account Security
- You are solely responsible for the activity that occurs on your Account and for keeping the password for your Account secure. Don’t share your account information with others, and don’t use someone else’s account without permission.
- If you become aware of any breach of security or other unauthorized use of your Account, please notify us immediately at email@example.com.
§6 — Access Rights
- By using Galley, you understand and agree that we, as an agent on your behalf, may access Content from third party websites and services so that it is available to you through Galley, and you give Galley permission to do so.
- You agree that any Content that you submit to a third-party service may be stored by us at our direction, although we do not undertake any obligations to maintain such submissions.
§7 — Rules of Conduct
- Galley is a community for like-minded people to share and discover timely information around the media business and to create meaningful relationships. We work hard to maintain a vibrant and welcoming community for our members and visitors. By using Galley, you promise not to use the service for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with Galley.
You shall not
engage in any harassing, threatening, intimidating, predatory or stalking conduct;
use or attempt to use another user’s account without authorization from that user and Galley;
use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden, or impair the functioning of our Services in any manner;
reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services; or
use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms of Service.
You shall not take any action to upload, download, post, submit, or otherwise distribute or facilitate distribution of any Content on or through Galley that
is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
constitutes, encourages, or provides instructions for a criminal offense, violates the rights of any party or otherwise create liability or violates any local, state, national, or international law;
infringes any copyright, trademark, trade secret, or other intellectual or proprietary right of a third party;
contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences;
impersonates, or misrepresents your affiliation with, any person or entity;
contains any unsolicited promotions, advertising, or solicitations;
contains any private or personal information of a third party without such third party’s consent;
constitutes unauthorized or unsolicited advertising, junk, or spam;
contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of us or any third party; or
is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services or that may expose Galley or others to any harm or liability of any type.
abide by all applicable local, state, national, and international laws and regulations and
comply with any technical restrictions of Galley that allow you to use Galley only in certain ways.
We respect our members privacy and we reserve the right to access, read, preserve, and disclose any information as is reasonably necessary to
satisfy any applicable law, regulation, legal process or governmental request;
enforce these Terms of Service, including investigation of potential violations hereof;
detect, prevent, or otherwise address fraud, security, or technical issues;
respond to user support requests; or
protect our rights, property, or safety, or that of our users and the public. This includes exchanging information with other companies and organizations for fraud protection and spam prevention.
§8 — Content
- “Content” includes, but is not limited to, URLs, images, video, audio, information, data, text, web pages, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through Galley.
- Third Party Materials and Agreements
- Galley may permit you to access Content from or to link to other websites, services, or resources on the Internet, and those other websites, services, or resources may contain links to Galley.
- You may be able to access, download, store, or use third party services, resources, Content, or information (“Third Party Materials”) via Galley.
- When you access Third Party Materials on the Internet, you do so at your own risk. You acknowledge and agree that we (i) are not responsible for the Content, functions, availability, legality, appropriateness, or accuracy of such Third Party Materials or the products or services on or available from such Third Party Materials, (ii) have no liability to you or any third party for any harm, injuries, or losses suffered as a result of your access to or use of such Third Party Materials, and (iii) do not make any promises to remove Third Party Materials from being accessed through Galley.
- Your ability to access or link to Third Party Materials or third party services does not imply any endorsement by us of Third Party Materials or any such third party services.
- User Content
- By its nature, much of your activity on Galley is public. You own all of the original Content that you post or share on Galley, including all copyright rights to those materials. In order to run Galley, we and our other users and entities with which we share Content need rights to your Content, as described below.
- All Content added, created, uploaded, curated, submitted, distributed, or posted to Galley by users, whether publicly posted or privately transmitted (collectively “User Content”), is the sole responsibility of the user who originated it.
- You agree that all Content accessed by you using Galley is at your own risk and that you will be solely responsible for any resulting damage or loss to you or any other party.
- When you delete your User Content, it will be removed from your Galley Account. However, you understand that (i) certain User Content will remain available, (ii) any of your User Content that has been re-posted will not be removed and will continue to be used in accordance with these Terms of Service, and (iii) any removed User Content may persist in backup copies for a reasonable period of time.
- By submitting User Content through Galley, you grant us a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, modify, reproduce, distribute, prepare derivative works of, transmit, stream, display, and perform the User Content in connection with Galley and our (and its successors and assigns’) business, including without limitation for promoting and redistributing part or all of the Galley service, Content posted on Galley, and derivative works thereof, or in any media formats and through any media channels (including, without limitation, through email, third-party websites, application programming interfaces (APIs), and other types of feeds).
- You grant each user of Galley a non-exclusive license to access, use, download, store, transmit, stream, display, perform, and print your User Content through Galley, and to use, comment on, reproduce, distribute, display and perform such User Content.
- You represent and warrant that you have all rights to grant such licenses without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
- Galley Content
- Galley may contain Content provided by us or other content providers, and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through Galley.
- Subject to these Terms of Service, we grant each user of Galley a worldwide, non-exclusive, non-sublicensable, and non-transferable license to use, download, store, display, and print the Content.
- We or third-party services may place additional limits on your ability to download, store, display, and print the Content.
- If you wish to use Galley for commercial purposes, please contact us at firstname.lastname@example.org.
- Availability of Content
- We strive to make Galley an informative, entertaining, and welcoming environment. For this reason, we do not guarantee that any Content submitted through Galley will be published or displayed or that it will remain published or displayed on Galley after it is initially published or displayed.
- We have no obligation to monitor Galley. However, we reserve the right (i) to remove, edit, or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all; (ii) to remove or block any Content from Galley; and (iii) to place limits on your ability to view, download, save, and print such Content.
§9 — Galley Application License
- License Grant. Subject to your compliance with the terms and conditions of these Terms of Service, we grant to you a limited, non-exclusive, non-transferable license, without the right to sublicense, to download and install Galley Apps on devices that you own and control and run such copy(ies) of Galley Apps solely for your personal use. We reserve all rights, including any copyright and patent rights, in the Galley application not expressly granted to you in these Terms of Service.
- Restrictions. You shall not (i) copy or modify a Galley App, including, but not limited to adding new features or otherwise making adaptations that alter the functioning of the Galley App; (ii) transfer, sell, rent, lease, distribute, sublicense or otherwise assign any rights to, or any portion of, the Galley App to any third party; or (iii) make the functionality of a Galley App available to multiple users through any means, including, but not limited to distribution of Galley App or by uploading a Galley App to a network or file-sharing service or through any hosting, application services provider or any other type of service. You will comply with any technical restrictions in the Galley App that allow you to use the Galley App only in certain ways.
- Updates and Upgrades; No Obligation. We are not obligated to maintain or support Galley Apps, or to provide you with updates, upgrades, or services related thereto. You acknowledge that Galley may from time to time in its sole discretion issue updates or upgrades to Galley Apps and may automatically update or upgrade the version of the Galley App that you are using. You consent to such automatic updating or upgrading of Galley Apps, including on your mobile device, and agree that the terms and conditions of these Terms of Service will apply to all such updates or upgrades.
§10 — Advertising
- You agree that we and other content providers may include advertising on Galley. We may include advertising in connection with Galley, which may be targeted to the Content or information on Galley, your profile information, and the type of Content that you follow, queries made, or other information. The types and extent of advertising are subject to change.
§11 — Termination
- We may terminate your access to all or any part of Galley at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your Account.
- If you wish to terminate your Account, you may email email@example.com.
- All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
§12 — Warranty Disclaimer
- We can’t possibly monitor everything on Galley. If you think something violates these Terms, feel free to contact us at firstname.lastname@example.org.
- You acknowledge that we have no control over, and no duty to take any action, regarding
- which users gain access to Galley;
- what Content you access via Galley;
- what effects the Content may have on you;
- how you may interpret or use the Content; or
- what actions you may take as a result of having been exposed to the Content.
- We strive to keep Galley a welcoming environment so please inform us of offensive content by contacting us at email@example.com. You release us from all liability for you having acquired or not acquired Content through Galley. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any Content contained in or accessed through Galley, and will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through Galley.
- GALLEY AND ALL CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) GALLEY WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH GALLEY IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING GALLEY WILL MEET YOUR REQUIREMENTS. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
§13 — Indemnification
- You shall defend, indemnify, and hold harmless us, our affiliates, and each of their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, Galley, Content, or which otherwise arise from your User Content, violation of these Terms of Service, or infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
§14 — Limitation of Liability
- IN NO EVENT SHALL WE, OUR AFFILIATES NOR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, SUPPLIERS, REPRESENTATIVES OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO GALLEY (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING) OR (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION). NOTWITHSTANDING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL SUCH LIABILITY EXCEED ANY DAMAGES IN EXCESS OF $50.00. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
§15 — Modification
- We reserve the right, at our sole discretion, to modify or replace any of these Terms of Service and to change, suspend, or discontinue Galley (including, without limitation, the availability of any feature, database, or Content) at any time by posting a notice on or within Galley or by sending you notice through Galley or by email. We may also impose limits on certain features of Galley or restrict your access to parts or all of Galley without notice or liability. It is your responsibility to check these Terms of Service periodically for changes. Your use of Galley following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
§16 — Miscellaneous
- Governing Law and Jurisdiction. These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and federal courts of Kings County, New York.
- Entire Agreement and Severability. These Terms of Service are the entire agreement between you and us with respect to Galley and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us with respect to Galley. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable.
- Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
- Assignment. These Terms of Service are personal to you, and are not assignable, transferable, or sublicensable by you except with our prior written consent. We may assign, transfer, or delegate any of its rights and obligations hereunder without consent.
- Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service, and neither party has any authority of any kind to bind the other in any respect.
- Notices. Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
- No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will do so in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver, provided by one of its authorized representatives.
- Headings. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.
§17 — Contact
- You may contact us by mail at 160 Havemeyer St #10, Brooklyn, NY 11211 or by email at firstname.lastname@example.org.
Effective Date of Terms of Service: September 2017