WELCOME TO GALLERYSTOCK.COM (THIS "SITE"). THIS SITE IS OWNED AND OPERATED BY GREAT BOWERY INC., D/B/A GALLERY STOCK. WE PROVIDE THE SERVICES AVAILABLE ON THIS SITE TO YOU SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS (THESE "TERMS AND CONDITIONS"). BY ACCESSING AND USING THIS SITE, YOU ACKNOWLEDGE AND CONSENT TO THESE TERMS AND CONDITIONS.
2. Intellectual Property
All content available on this site, including, but not limited to, photos, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (collectively, the "content") is the property of gallery stock our partners or licensors, and is protected by U.S. and international copyright laws. The trademarks, logos, and service marks displayed on this site (collectively, the "trademarks") are the registered and unregistered marks of Gallery Stock, our partners or licensors, and are protected by u.s. and international trademark laws. Except as required under applicable law, neither the content, the trademarks, nor any other portion of this site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.
3. Your Obligations and Responsibilities
Minors (persons under the age of 18) are not eligible to use this site unsupervised and we ask that minors do not register, access or use this site or submit any personal information to us. By using this site unsupervised, and/or registering for an account, you warrant that you are 18 years of age or older.
5. Third Party Links
We are not responsible for the content of any sites linked to or from this site. Links appearing on this site are for convenience only and are not an endorsement by us or our partners of the referenced content, product, service, or supplier. Your linking to or from any other sites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of any other sites linked to or from this site, nor do we assume any responsibility or liability for the actions, content, products, or services of such sites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all other sites that you visit.
6. Representations and Warranties; Limitation of Liability
This site is presented "as is". We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or this site, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable. You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to this site; (c) data non-delivery, misdelivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of links on this site; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of this site, including during link to or from third party sites; (f) any inaccuracies, omissions or misleading, false or deceptive statement in the content; or (g) events beyond our reasonable control. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THIS SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED $1,000 USD.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of this site, including your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
New York State law shall govern your use of this site and the parties hereto submit to the exclusive jurisdiction of the state and federal courts located in New York, USA, regardless of conflicts of laws. You acknowledge that this agreement, as well as any other documents relating hereto, including notices, has been and shall be written in the english language.
9. Notice and Take Down Procedures
In accordance with the Digital Millennium Copyright Act (“DMCA), if you believe the contents accessible on or from the websites infringes your intellectual property rights, you may request removal of content (or access thereto) from the websites by contacting Great Bowery and providing the following information:
· Identification of the work that you believe to be infringed.
· Identification of the content that you believe to be infringing your intellectual property rights and its location.
· Your name, address, telephone number, and (if available) email address.
· A statement that you have a good faith belief that the complained-of use of the work is not authorized by the intellectual property rights owner, its agent, or the law;
· A statement (accompanied by a physical or electronic signature) that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the intellectual property rights owner or authorized representative of the intellectual property rights owner;
· If you believe that any material on the websites infringes upon any copyright that you own or control, you may file a notification of such infringement with our designated agent as set forth below:
Great Bowery Inc., Legal Department
190 Bowery, 6th floor
New York, NY 10012
Phone: (212) 365-0099