- Description of Services:
Gallery One Cards sells products including but not limited to greeting cards, announcements, invitations and various other products and services related to the, printing, purchase, and mailing of such products (herein referred to as “Services”).
- Acceptance of Terms
This website, www.Gallery One Cards.com (herein referred to as “Site) our mobile sites, and all applications (herein referred to as “App”) are services of Gallery One Cards. Gallery One Cards provides the Site, Apps, and Services to you subject to the following Terms and Conditions of Use (herein referred to as “Terms”). By visiting any Site or App, creating an account, signing in, or purchasing any item through the Site, you are agreeing to the Terms. In addition, you are also agreeing to the guidelines, rules, and procedures of all features utilized by the Site and Services.
- Copyright Materials
All designs, copy, text, images, products, pages, and other materials located on this site, or linked into this site by way of a third party, are the property of Gallery One Cards, and may not be reproduced, distributed, copied, or transmitted in any form or by any means, except by means allowed within the "Social Distribution" section of this agreement.
- Use of Site
You may use the Site and App solely for your personal, noncommercial use. Our Site and Apps, or Services or Content within, may not be reproduced, duplicated, copied, sold, resold, visited, reverse-engineered or otherwise exploited for any commercial purpose. Gallery One Cards reserves the right to alter or discontinue our Sites and Apps, in any part, at any time in Gallery One Cards’s sole discretion.
a. Proprietary Rights:
All information, text, photographs, designs, illustrations, sounds, logos, video recordings, animations, widgets, or other materials and effects are protected by copyrights, trademarks, and other intellectual proprietary rights owned by Gallery One Cards (herein referred to as “Content”). You agree that these rights belong to their respective owners and are protected in all forms. You agree not to display or use the Site’s Content in anyway outside the Site’s Services without Gallery One Cards’s prior written permission.
b. User Conduct:
The use of the Site is subject to local, state, federal, and international law, and you agree to wholly abide by these laws and not use the Site or Services for any illegal purpose. You agree to conduct yourself according to the subject of these Terms including, but not limited to, the following:
i. You agree not to upload, post, e-mail, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, bigoted, or otherwise harmful;
ii. You agree to not impersonate any person or entity, or misrepresent your affiliation with a person or entity;
iii. You agree not to upload, post, e-mail, or otherwise transmit any Content that infringes on any patent, trademark, copyright, or any other proprietary rights of any party;
iv. You agree not to upload, post, e-mail, or otherwise transmit any Content for which you do not have permission to use.
v. You agree not to advertise any part of the Site, Services, or Content that is competitive to the Site and Services.
vi. You agree not to upload, post, email, or otherwise transmit anything illegal, including but not limited to: the depictions or descriptions of drugs, pornography, or violence.
vii. You agree not to upload, post, email, or otherwise transmit any type of hate speech.
c. Use of Content:
Gallery One Cards grants you access to make personal use of Services and Content for the sole purpose of making an order. Any use of the Site outside this purpose is strictly prohibited, including but not limited to: downloading, modifying, republication, deleting, or similar unauthorized exploitation of the Site and Content. Any unauthorized use of the Site and it’s Content is illegal and could subject you to criminal prosecution as well as personal liability for damages in a civil suit. You agree not to store any of the Site assets or Content on any third party hard drive or cloud service.
In order to make an order you must create an account with Gallery One Cards. In order to create an account you must be a human at least 18 years of age. You will be responsible for maintaining the security of your account password. Gallery One Cards will not be responsible for any loss or damages from your inability to maintain the security of your password. Gallery One Cards reserves the right to remove any account upon Gallery One Cards’s subjective judgment of the accounts credibility and its reasonable suspicion that the user has violated the Terms.
d. Limited Liability:
Your use of the Site and Contents is at your own risk. You agree to not upload, post, or otherwise transmit illegal materials. You agree that any personalization or customization (which includes, but is not limited to: the uploading, posting, or otherwise transmission of photos, illustrations, or text) allowed to you from the Site, Services, and Content is wholly your responsibility and you are adhering to all aspects of this Agreement. Gallery One Cards will not be liable for any damages arising from actions caused by the misuse of the Terms spelled out in this agreement. The user agrees that by uploading information (including but not limited to photos, illustrations, or text), they have the full legal right to produce and/or display said information. Gallery One Cards will be held harmless against any infringement for information uploaded by the user throughout the Site.
e. Social Distribution:
Gallery One Cards allows you to use Content, as is provided by the Site, on certain third party social networking sites for sharing (herein referred to as “Social Distribution”). You agree to share Content only as is allowed through the Site and Services, and not to share Content by means of any third party web browser extension. You agree not to affiliate yourself, without express written permission, with Gallery One Cards in any way or form, and to not post materials in affiliation with the Site, Services, and Content that would be harmful in any manner to Gallery One Cards.
In the instance where Gallery One Cards allows you to embed Content or aspects of the Site on your personal web page, social networking site, or third party web page (herein referred to as “Widgets”). All Widgets are held under the same classification as Content and held within the same legal ownership thereto. Gallery One Cards reserves the right to enforce you to remove Content from any personal web page, social networking site, or third party web page.
You agree that any Content posted on your personal web page, social networking site, or third party web page will site Gallery One Cards fully as the source, and will have, within reasonable distance, a URL link to the Gallery One Cards web page source of said Content.
- Terms of Sale:
If you wish to purchase any product or service through our Site, you are agreeing to provide all correct applicable information regarding the transaction, including but not limited to payment information, name, and billing address. All personal financial information will be processed through our third party payment processor. You agree that all information provided is accurate, current, and complete. By making a purchase through our Site, you warrant that you have complete legal right to use any credit card, debit card, or other payment method that you may use for any transaction. You agree to pay all charges, shipping, and applicable taxes for all purchases made by you or any other user of your account or credit card at the time of the purchase. Product, price, and availability are subject to change without notice.
Because we don't store your credit card information, if you schedule to send a card on a future date, we will charge your card when you place the order.
- User Uploaded Content
Gallery One Cards’s Services allows you to upload photos, illustrations, text, or other information to the Site to be stored on your User Account for use in personalizing and customizing Content within the Site (herein referred to as “User Content”). By uploading User Content, your are admitting that you have full legal right to upload, post, e-mail, or otherwise distribute said User Content, and accept all responsibility and liability concerning User Content.Any User Content, including but not limited to photographs, text, and graphics are subject to the following terms:
- You will retain full ownership of all User Content, and you will grant to us and our designees a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right to sublicense, to use, reproduce, distribute, and/or create derivative works of any User Content solely as Gallery One Cards sees fit. Any use by Gallery One Cards of your User Content will remain the property of Gallery One Cards.
- You represent that you own or possess all necessary rights of all aspects of all User Content, and that User Content will not infringe or violate any aspect of this agreement and/or federal and state law, including but not limited to: any copyright, trademark, trade secret, patent, or other right of any persons or business.
- You content to the use of your likeness and have obtained the written consent, release, and/or permission of every individual’s likeness within the User Content.
- Gallery One Cards reserves the right to modify or delete any User Content if said User Content might infringe on any federal or state law, and/or any stipulation within this agreement without any disclosure to the owner of the User Content.
- You agree to indemnify and hold Gallery One Cards and all it’s employees harmless against any and all claims, causes of action, liabilities, damages, losses, expenses and costs related to any and all User Content and/or your connection with said User Content.
- All resonable and lawful personal messages and text are kept confidential.
Gallery One Cards is not a photo storage site, and as such reserves the right to delete any photos stored on the site longer than 90 days. Gallery One Cards makes no guarantee to the integrity of the photo quality stored for longer than 90 days from being uploaded to the site.
- User Submitted Content
Gallery One Cards allows you to upload photos for submissions into Gallery One Cards’s photo bank of Content via a unique portal of photo submissions (herein referred to as “User Submission”). By uploading a User Submission your are admitting that you have full legal right to upload, post, e-mail, or otherwise distribute said User Submission. By uploading a User Submission to the Site, you are agreeing to allow Gallery One Cards the full use of said photo or illustration for distribution, reselling, rebranding, alteration, and all other exclusive rights to publish or use User Submission in such a manner as Gallery One Cards should elect. You agree to hand over all applicable copyrights to Gallery One Cards for publication purposes and adhere to the all regulations as written on the User Submissions page of the Site.
- My Reminders Feature
Our Sites and Apps may provide you with access to a calendar feature where you can create and store events. Gallery One Cards provides this service to you as a convenience only, and cannot guarantee that this feature. You agree to release Gallery One Cards from any loss or liability for any damages caused by your reliance on or use of this feature.
- Mobile Apps
If any lawsuit or proceeding is brought against you based on the illegal use of the Site, Services, or Content, you are agreeing that you are fully responsible for those actions and that Gallery One Cards and it’s parent companies will be harmless against any loss, damage, expense, or cost including reasonable attorney fees, arising from the claim. This obligation survives any termination of these terms.
- Applicable Law
By accessing the Site you and Gallery One Cards agree to adhere to the laws and statutes of the state of Kansas, without regard to the conflicts of laws principles, in all matters relating to use of the Site, Systems, and Content. You agree to adhere to all laws and regulations relating to the payment of your order obligations. You agree to adhere to all export, import, and shipping regulations of all countries for which the Site, Systems, and Content will be utilized, shipped, or received.
You agree not to violate or attempt to violate the security of the Site or Application, including without limitation, (a) accessing data that is not intended for your use; (b) logging on to a server or account that you are not authorized to access; (c) probing, scanning or testing the vulnerability of any system or network related in any way to the Site or Application; (d) breaching security or authentication measures without proper authorization; (e) interfering with service to any host, network, other user, including without limitation, sending unsolicited e-mail, flooding, spamming, mail bombing, or crashing; or (f) sending promotions, and, advertising products or services. You agree to promptly delete your account upon any known or suspect security breach. Gallery One Cards is not liable for any loss or damage resulting from your failure to safeguard your password and account.
- Notice to Califonia Users
This notice is for our California users: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
By agreeing to these terms, you are admitting that you have legal right and ability to use the Site and it’s Services. You agree to be financially responsible for any and all orders placed through the Site under your username and password. You agree to comply with all applicable laws and regulations concerning the access or use of the Site, Systems, and Content. Gallery One Cards fully cooperates with local, state, and federal officials in any investigation related to any illegal activity.