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TERMS OF USE AGREEMENT

 

This document contains important information that you should read and understand. You must accept this agreement as it is presented here and no changes, additions or deletions will be accepted by GALLERY DIRECT. GALLERY DIRECT is not responsible for directly informing anyone of any changes to this agreement.

 

Any use or access of the Gallery Direct website binds you to agree to the terms of the agreement and the policies of GALLERY DIRECT. If you do not agree to these terms, discontinue use of this website immediately!

 

DEFINITIONS

 

“GALLERY DIRECT” is owned by Dave Yelen and the Electronic Information Network. Any reference made herein to Gallery Direct or the web site refers to the owner and/or any agent authorized by Dave Yelen to represent the Gallery Direct web site or any of its entities.

 

“YOU” refers to you, not only as a visitor to the website, but any electronic or other means you facilitate to connect to the website, controlled, uncontrolled, automated, or otherwise.


TERMS OF USE

 

1)       All Artwork is copyright by the Artist and may not be used or duplicated in any fashion without the expressed permission of the owner. All other images, designs, source code, programs, and HTML that are contained within the website or used by the website directly or indirectly are the sole, exclusive and permanent property of Gallery Direct and may not be reproduced by any method including but not limited to screen captures, downloading, or printing, nor can they be used for any purposes in whole, part, or altered without the expressed specific written approval of Gallery Direct.

2)       You may not alter, change, colorize, resize or modify any images or displays without expressed written approval of Gallery Direct. You may not use any of the images, displays or artworks within the collection to create filters, brushes, tubes, nozzles, fonts or other current or future software plug-in.

3)       Images, web pages, and/or software developed by the Gallery Direct may NOT be used by you or individuals whose intent in developing web sites for others is for gain (whether actual income and /or bartered for trade) whether from the site itself or from the web page developing service. Use of images, software, web sites, or web designs by individuals developing websites with intent to gain is unequivocally denied unless a license and written permission from Gallery Direct has been obtained PRIOR to the downloading, uploading or use in any fashion of any item.

4)       You may not use any items contained within the Gallery Direct web site if you are developing websites for others at no charge and then advertise these sites within a client portfolio with intent to acquire additional paying clients. You may not use any of these items for personal use or for use with or without financial gain.

5)       Images, software, or web page design created by Gallery Direct are not to be placed in any online collection or archive; in addition, none of these items are to be redistributed for financial gain or for any other use or be placed within any compilation CD, software or other reproducible media.

6)       Any site, person, company, or other entity whose intent is to earn revenue (whether actual income and or bartered for trade) is considered a commercial endeavor. If you are a commercial endeavor and would like to purchase a license to use any graphics, software, web site design or other item created by Gallery Direct please contact Gallery Direct.

7)       You may not link directly to any images, web page or software from any other website or internet connection using any method whatsoever without properly displaying the web site title or appropriate identification as part of the link and the link is publicly visible and accessible.

8)       No process is allowed to automatically access any information contained within the web site or any part of the web site system with the exception of search engine robots with the intent on including retrieved information within a list of search results that are publicly visible and accessible. Information retrieved may not be altered in any fashion and may not be distributed in any way outside the party directly retrieving the search engine information. All robots or any other data retrieval system must conform to the robot standards as outlined at the following web site: http://www.robotstxt.org/wc/norobots.html

9)       If you refer to any image, software, or web page designed by or is part of Gallery Direct, please email Gallery Direct the URL of the completed page to which the reference exists.

10)    All items created by Gallery Direct, The Electronic Information Network and/or Dave Yelen are copyrighted by Dave Yelen whether existing in any form on web pages managed by Gallery Direct, or existing on any other internet location or media of any kind. All rights are reserved.

11)    Violations of the terms of use could subject you to being requested that the images, software, programs, code, web site and/or design in violation be removed from your site. If for any reason Gallery Direct makes such a request, you will be given 72 hours to comply.

12)    The Gallery Direct website may contain links to other websites. Other websites may also reference or link to our website(s). We are not responsible for the privacy practices or the content of such other sites and expressly disclaim all liability associated with your use of and the content on such other websites.

13)    Much of the content available on GALLERY DIRECT is owned by others, and is protected by copyrights, trademarks, and other intellectual property rights. Before you upload or download any content while using GALLERY DIRECT, you must have permission to do so by the owner of the content.

14)    If any material that you have copyright to has been infringed upon by anyone using GALLERY DIRECT, please contact GALLERY DIRECT and provide information as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. 512)

15)    Gallery Direct is not responsible for, to any degree, any purchases or transactions made between you and any Gallery Direct Member or Artist, nor does Gallery Direct guarantee the delivery of any communication to any member via the Gallery Direct web site.

16)    Each Gallery Direct Member is responsible for maintaining their own current email address and checking and responding to any inquires made to them via the Gallery Direct web site. Member e-Mail and/or contact information is never disclosed to any third party for any reason.

17)    You agree that when contacting an artist or member or Posting any information on the Gallery Direct web site, that you represent yourself accurately, do not impersonate others, and use your true e-mail address and name. Any communications with the intent on doing harm, disruption of service, spamming, or other action deemed unsuitable by Gallery Direct can result in action taken against you by Gallery Direct or its members. Gallery Direct reserves the right to review Communications to Members for internal purposes but no information contained within a communication is ever shared with any third party.

18)    Gallery Direct does not guarantee any functionality of the web site, nor does it guarantee the operation of the web site in any manner. You agree to hold Gallery Direct free from any and all liabilities resulting from use of the Gallery Direct web site.

19)    Gallery Direct reserves the right to remove any content posted on the Gallery Direct website for any reason at any time without notice. Gallery Direct also reserves the right to change the web site content and functionality at any time.

20)    Accessing the Gallery Direct web site or any part of the web site binds you to the terms contained herein.

 

ADDITIONAL PRIVACY POLICY

 

GALLERY DIRECT shares information to its members regarding activity directly related to each member's content. GALLERY DIRECT does not directly share or sell any information to any other third party; however it is understood that public information contained within the GALLERY DIRECT website is regularly indexed and databased by third party systems and GALLERY DIRECT is not responsible for the actions of those systems. In addition, advertisements may appear on the GALLERY DIRECT website, and the technology used to provide these advertisements includes information shareing and tracking of activities that are outside the direct control of GALLERY DIRECT. Third party vendors, including Google, use cookies to serve ads based on a user's prior visits to your website. Google's use of the DoubleClick cookie enables it and its partners to serve ads to your users based on their visit to your sites and/or other sites on the Internet. Users may opt out of the use of the DoubleClick cookie for interest-based advertising by visiting Ads Settings (http://www.google.com/ads/preferences/).

 

VIOLATIONS TO THIS AGREEMENT

 

GALLERY DIRECT reserves the right to investigate suspected violations of this agreement. At such time that GALLERY DIRECT becomes aware of a possible violation, GALLERY DIRECT may initiate an investigation by gathering and examining information from any GALLERY DIRECT member involved, the complaining party and any content stored on the GALLERY DIRECT system that will assist in the investigation.

 

During this investigation, GALLERY DIRECT may suspend or terminate any GALLERY DIRECT member accounts that are involved and/or remove the content involved in the violation from its system.

 

If, after such investigation, GALLERY DIRECT believes that criminal activity occurred, GALLERY DIRECT reserves the right to refer the matter to, and to cooperate with, any and all appropriate law enforcement authorities.

 

 
   



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