2. ABILITY TO ACCEPT. By visiting or using the Site, you affirm that you are over eighteen (18) years of age.
3. SITE ACCESS AND USE. We hereby grant you a limited license to access and use the Site subject to, and provided that you act in accordance with and comply at all times with, these Terms.
4. SITE RESTRICTIONS. You agree at all times to comply with these Terms and applicable law and shall not: (i) copy, distribute or modify any part of the Site without our prior written authorization; (ii) disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of the Site; (iii) transmit or upload any content which contains software viruses, or other harmful computer code, files or programs; (iv) disrupt or overload servers or networks connected to the Site; (v) without our express permission, use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Site; (vi) collect or harvest any personally identifiable information (such as names or e-mail addresses) from the Site; (vii) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site; (viii) use any communications systems provided by the Site to send unsolicited or unauthorized commercial communications; (ix) use the Site to invade the privacy rights of any Site user or third party; and/or (x) use the Site for any unlawful, harmful, irresponsible, or inappropriate purpose.
5. ACCOUNT. To use certain services or features of the Site, you may have to create and register an account (an “Account“). “). The Site offers you the option of creating an Account by completing an online registration form. If you create an Account, you must provide accurate and complete information for yourself. You are solely responsible for the activity that occurs in your Account, and you must notify us immediately of any unauthorized use of your Account. You may deactivate your Account at any time by sending an email request to [email protected].
6. INTELLECTUAL PROPERTY RIGHTS.
6.1 Ownership. Aurelie’s Gallery and its licensors retain all title, ownership rights and Intellectual Property Rights (defined below) in and to the Site (and its related software). All references in these Terms to the Site include: (i) the Content and Marks (defined below), (ii) its software, including the source and object code therein; and (iii) its tools and services. Photographers retain Copyright of their images at all times.
6.2 “Intellectual Property Rights” means any and all rights, title and interests in and to any and all trade secrets, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic.
6.3 Content and Marks. The (i) content on the Site, including without limitation, the text, information, documents, descriptions, products, software, graphics, Works (defined below), photos, sounds, videos and interactive features (collectively, “Materials“), (ii) User Submissions, as defined below (the Materials and User Submissions are collectively referred to herein as the “Content“), and (iii) the trademarks, service marks and logos contained therein (“Marks“), are the property of Aurelie’s Gallery and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties.
6.4. Use of Content and Marks. The Content and Marks on the Site are provided to you “as is” for your personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without Aurelie’s Gallery’ prior written consent.
8. PAYMENTS TO AURELIE’S GALLERY.
8.1. Option to Purchase. The Site is made available for free, but you have the option to purchase Prints or Products by using the tools that we make available through the Site (each a “Purchase“). Prices are displayed on the Site in US Dollars (unless stated otherwise).
8.3. Internet and Data Fees. Please be aware that your use of the Site requires an internet connection or, if you are accessing the Site from a mobile device, data access. To the extent that any third party service provider or carrier charges for your internet or data usage are applicable, you agree to be solely responsible for those charges.
10. COPYRIGHT AND CONTENT POLICY. It is Aurelie’s Gallery’s policy to respect the legitimate rights of copyright owners, and we will respond to clear notices of alleged copyright infringement in accordance with the law. Please contact us at [email protected].
11. INFORMATION AND DESCRIPTIONS. We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content.
12. WARRANTY DISCLAIMERS.
12.1. THE SITE AND ANY PRODUCTS (INCLUDING WITHOUT LIMITATION, ANY WORKS) AND/OR SERVICES PURCHASED VIA THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. AURELIE’S GALLERY DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE, THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE OR SAFE FROM SECURITY BREACHES OR THAT AURELIE’S GALLERY WILL CORRECT ANY ERRORS ON THE SITE. YOU AGREE THAT AURELIE’S GALLERY WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
12.3. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SITE IS ENTIRELY, OR TO THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
13. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL AURELIE’S GALLERY OR OUR AFFILIATES AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS, OR ANY DISTRIBUTOR, BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, SPECIAL, INDIRECT, DIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT ARISE UNDER THESE TERMS OR THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, OR FROM YOUR PURCHASE OF ANY PRODUCTS (INCLUDING WITHOUT LIMITATION, ANY WORKS) AND/OR SERVICES VIA THE SITE, EVEN IF AURELIE’S GALLERY OR ANY DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT AURELIE’S GALLERY’S’ TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES UNDER THESE TERMS, OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE OR YOUR PURCHASE OF SAID PRODUCTS AND/OR SERVICES, SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO AURELIE’S GALLERY FOR USING THE SITE WITHIN THE THREE (3) MONTHS PRECEDING THE DATE OF BRINGING A CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. INDEMNITY. You agree to defend, indemnify and hold harmless Aurelie’s Gallery and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the Site; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right.
15. TERM AND TERMINATION. We reserve the right, at any time, to discontinue or modify any aspect of the Site. This Section 15 and Sections 6 (Intellectual Property Rights), 8.3 (License to User Submissions), 9 (Privacy), 12 (Warranty Disclaimers), 13 (Limitation of Liability), 18 (Indemnity), 19 (Assignment), and 20 (General) shall survive any termination of these Terms.
16. ASSIGNMENT. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Aurelie’s Gallery without restriction or notification.
17. GENERAL. These Terms, and the relationship between you and Aurelie’s Gallery, shall be governed by and construed in accordance with the laws of New York State (USA), without regard to its conflict of laws rules. You agree to submit to the personal and exclusive jurisdiction of the federal and states courts located in New York, USA, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Notwithstanding the foregoing, Aurelie’s Gallery may seek injunctive relief in any court of competent jurisdiction. The Site Terms shall constitute the entire agreement between you and Aurelie’s Gallery concerning the Site. If any provision of the Site Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Site Terms, which shall remain in full force and effect. No waiver of any term of the Site Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under the Site Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.