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.
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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.
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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