Terms of Service
Please read these Terms of Service ("Terms") carefully as they contain the legal terms and conditions that you agree to when you use the digital gallery services provided to you by theVideoGameGallery.com and derivative sites on which these Terms are posted (collectively, "the Service" or "the Site").
This Terms of Service were last updated on: Thursday, June 6th, 2013.
Should we update, amend or make any changes to our Terms of Service, those changes will be reflected here.
Provisions applicable to all users of the Service
Purpose of the Service
theVideoGameGallery.com offers digital gallery services that provide the ability to view, share and store digital images through a range of electronic devices including personal computers and hand-held devices.
theVideoGameGallery.com uses reasonable endeavors to ensure that the Service is available 24 hours a day 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of theVideoGameGallery.com. Every reasonable step will be taken by us to minimize such disruption where it is within the reasonable control of theVideoGameGallery.com. You agree that theVideoGameGallery.com shall not be liable to you for any modification, suspension or discontinuance of the Service. You are responsible for creating backups of any content you post to the Service.
From time to time theVideoGameGallery.com or its users may provide links that will take you to other, third party websites. These links are provided for your convenience. If you decide to access linked websites you do so at your own risk. We do not endorse or take responsibility for the content on other websites or the availability of other websites and you agree that theVideoGameGallery.com is not liable for any loss or damage that you may suffer by using other websites.
Amendment of the terms
We reserve the right to amend these Terms from time to time. If you continue to use the Service once the Terms have changed, you will be deemed to have accepted those changes.
Disclaimer of warranty and limitation of liability
THE SERVICE, THEVIDEOGAMEGALLERY.COM'S SITES AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, THEVIDEOGAMEGALLERY.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THIS SERVICE. WE DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE OR THE SERVERS THAT SUPPORT IT WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY CONTENT RELATED TO PRODUCTS ON THIS SITE.
YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT TO THEVIDEOGAMEGALLERY.COM, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR IMAGE OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITAL CONTENT.
EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THEVIDEOGAMEGALLERY.COM'S SITE OR THE SERVICE, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE, (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE SERVICE, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICE OR PRODUCTS OFFERED ON THE SITE, EVEN IF THEVIDEOGAMEGALLERY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THEVIDEOGAMEGALLERY.COM'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL IN NO EVENT EXCEED $100.00.
You agree to not use the Service:
- for any unlawful purposes;
- to upload, post, order for print, email or otherwise transmit or communicate any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
- to upload, post, order for print, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party;
- to harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
- to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
- to attempt to upload images by any method to another user's account without permission;
- to upload, post, email or otherwise transmit any material which is likely to cause harm to theVideoGameGallery.com or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;
- for any commercial purpose, unless permitted by theVideoGameGallery.com in writing;
- to transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- to impersonate any person or entity, or otherwise to misrepresent your affiliation with a person or entity;
- to collect, intercept or harvest screen names, to collect, intercept or store personal data about other users of the Service or to solicit or attempt to discover a user's password, screen name or other registration information without the user's express knowledge and consent.
- interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or r egulations of networks connected to this Service;
- provide any information to theVideoGameGallery.com that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose;
- resell the Service or any portion of the Service.
You understand and agree that you are personally responsible for your behavior in connection with the Service. You agree to indemnify, defend and hold harmless theVideoGameGallery.com and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (a) images or other content you post to the Site or submit through the Service, (b) use or misuse of the Service by you or any other person who accesses the Service using your account, (c) any violation of these Terms of Service or (d) any violation of any rights of a third party.
DMCA Copyright Policy and Reporting violations
theVideoGameGallery.com has adopted the following policy toward copyright infringement on the Services in accordance with the Digital Millennium Copyright Act (a copy of which is located at http://www.loc.gov/copyright/legislation/dmca.pdf, the "DMCA"). The address of theVideoGameGallery.com's Designated Agent for copyright takedown notices ("Designated Agent") is firstname.lastname@example.org
If you believe that Content residing or accessible on or through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent at the address above.
- Identification of the work or material being infringed.
- Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that theVideoGameGallery.com is capable of finding it and verifying its existence.
- Contact information for the notifying party (the "Notifying Party"), including name, address, telephone number and e-mail address.
- A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
- A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
After removing material pursuant to a valid DMCA notice, theVideoGameGallery.com will immediately notify the Subscriber responsible for the allegedly infringing material that it has removed or disabled access to the material. theVideoGameGallery.com reserves the right, in its sole discretion, to immediately terminate the account of any Subscriber who is the subject of repeated DMCA notifications.
These Terms constitute the entire agreement between theVideoGameGallery.com and you with respect to your use of the Service. theVideoGameGallery.com's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable.
Additional provisions applicable to registered members
In addition to the provisions of the first section of these Terms, the following provisions shall apply to registered members of the Service.
To register as a member of the Service you must be 13 years or over.
You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.
You can update your email address by sending us an email at email@example.com
When you register as a member you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You must notify theVideoGameGallery.com immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your password if we believe that your password is no longer secure.
Image rights and sharing
theVideoGameGallery.com does not claim ownership rights in any image contained in your account. In order to enable us to display your images through the Service, you grant to theVideoGameGallery.com a non-exclusive, royalty-free license to use, copy, distribute, and display those images.
Submitting a DMCA Counter-Notification
If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification by providing the following information at firstname.lastname@example.org
- The specific URLs of material that was removed.
- Your name, address, telephone number, and email address.
- A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the federal district courts located in New York County, New York if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
- The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
- Your signature.
Upon receipt of a valid counter-notification, theVideoGameGallery.com will forward it to Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If theVideoGameGallery.com does not receive any such notification within ten (10) days, we may restore the material to the Services.
Monitoring of Content
theVideoGameGallery.com will try to moderate and validate any images uploaded to the Service but has no obligation to do so, and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material you provide to the Service.
Suspension and termination of access and membership
You agree that theVideoGameGallery.com may at any time without notice:
- refuse to accept your application to become a member;
- move, change, or suspend any part of the Service;
- refuse to fulfill any order, or any part of any order or terminate your account and delete any content stored in your account if, in theVideoGameGallery.com's sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires us to do so.
Comments posted on the site
If you post a comment to an image uploaded by a member or in our forums, you understand and agree that anyone with access to that page will be able to access, use and/or disclose any information that you include in any such comment (including, without limitation, any personal information such as your name, e-mail address, etc.). You understand and agree that theVideoGameGallery.com shall not be liable for any access to, use of or disclosure of any information you include in any such comment.