Terms of Use: Gallery Magic : CLOSE THIS WINDOW

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These Terms of Service describe the way in which you (the "Member") may use the Gallery Magic™ Service (the "Service"), and the way in which Nimbus Commerce Solutions Ltd. will operate the Service. In this Agreement, "GM" means Gallery Magic Service, its subsidiaries that participate in offering the Service, or its agents, employees, contractors, or others authorized by Nimbus Commerce Solutions Ltd.

Service: The Service consists of the features, functions, services, and content provided by GM, as well as the features, functions, services, and content provided by third parties and accessible through the Service.

Users: Use of the Service is limited to Members authorized by GM. Anyone using the Service is referred to as a "User."

Member Name: A "Member Name" is a unique identifying name, number, or combination of name and number assigned to an account and used to access the Service.

Members: A "Member" is a person who is (ii) legally capable of agreeing to, and has agreed to, the Member Agreement and these Terms of Service (ii) and whose name, e-mail address, and account information have been provided to GM and are recorded on GM's records as the person responsible for a particular Gallery Magic user account.

GM may change the Member Agreement or Terms of Service at any time. GM will notify you of the change either via e-mail, or through a notice published on the Service. By accessing the Service after a notice of a change has been published, you are agreeing to be bound by the change. If you do not agree to a change, you must terminate your membership as explained below. GM may discontinue or revise any or all other aspects of the Service at its sole discretion and without prior notice.

These Terms of Service will become effective on the date you agree to it by signifying your agreement to the Member Agreement where provided, and completing all of the membership information required on the Member Registration Form.

By Member: You may terminate the Member Agreement at any time. Termination of the Member Agreement also terminates these Terms of Service. To terminate the Member Agreement, you must notify GM by sending e-mail to service@gallerymagic.com. After receipt of your termination notice, GM will terminate your account.

By GM: GM may terminate the Member Agreement at any time in the event of a breach of this Agreement by Member or anyone accessing the Service using Member's Member Name. GM, at its sole discretion, may also terminate this Agreement at any time without cause, and may suspend access to the Service with or without notice, to any User.

Continuing Obligations After Termination: Termination or suspension of an account does not relieve you of any obligations you have accrued, including payment of any charges due in connection with an account. You are responsible for payment of all such charges.

Fees / Charges / Taxes: Fees for Gallery Magic products and services shall be determined by GM's price list, as the same may be amended from time to time. Member is responsible for payment of all fees, charges, and taxes accrued on Member's account under this Agreement. All fees and charges will be at the rates in effect at the time the charges were incurred. Charges incurred under this Agreement may include charges related to use of the Service, as well as charges related to goods and services provided by third parties but acquired through the Service. Member will not be entitled to any credits, rebates, or refunds for times when the Service is down or otherwise unavailable.

Duration of membership fees: Gallery Magic Basic Membership is free. Members upgraded to the Gallery Magic Full Membership will be charged the applicable membership fee and are responsible for domain name renewal fees. If the Member's account is terminated as provided above, Gallery Magic will not refund unused or pro-rated membership fees.

Cost of ancillary computer equipment and services: Member is responsible for and must provide all computer, telephone and other equipment and services necessary to access the Service. In addition, Member is responsible for any access charges incurred through on-line services, telephone companies, or Internet service providers used in obtaining access to the Service.

Payment Terms: All charges incurred for use of the Service will be paid at the time the product or services are purchased. If at any time a credit card charge, or payment check is refused, GM may, at its sole discretion, immediately suspend or terminate this Agreement, but Member will still be responsible for all charges incurred. If any payment due is not made by the Member, GM may, in addition to its other remedies, at its sole discretion and without notice to the Member, (a) suspend its performance under this Agreement and the Member's access to and use of the Service, or (b) terminate this Agreement and Member's access to and the use of the Service.

Pricing, product availability and offers are subject to change without prior notice. We reserve the right to make changes without notice due to market conditions, manufacturer or supplier product discontinuation, or typographical, photographic or technical errors in on-line or print advertising.

Domain Names: Should a client (whether business or member of the public) reserve a DOMAIN name with Nimbus Commerce then Nimbus Commerce will allow the client exclusive and unlimited use of the DOMAIN name for their web-site and e-mail purposes while the due charges are paid. If payments are not maintained then after 30 days of such breach of contract Nimbus Commerce reserves the right to sell immediately or retain indefinitely for future sale the DOMAIN name in question. Any reinstatement of payments by a client will be subject to a re-instatement charge equal to £45 or 6 months total charges relating to the services they have selected (whichever is less).

Should a client reserve their DOMAIN name with Nimbus Commerce it does not give them ownership and title to the DOMAIN name. Title will reside with Nimbus Commerce Solutions Ltd until such time as they have paid the purchase price for the DOMAIN name and the title administration charge relating to the transfer of the title, and the balance of the full 12 month Agreement charges to include the required 3 months notice in full. Monthly charges as per their chosen levels of service will continue from the first month thereafter

Further Costs: The client/customer shall fully and effectively indemnify Nimbus Commerce against all costs and expenses which Nimbus Commerce incurs in enforcing any of the terms and conditions of business contained herein including, without limit to the generality of the foregoing, the recovery of all monies due from the client whether by proceedings or other means to be assessed on a solicitor and own client basis.

All member agreements are for a minimum term of 12 months and thereafter require 3 months notice unless upgrading to a higher service level where such notice will be waived and a new 12 month Agreement put in place (with 3 months notice). In all cases members must pay for services 3 months in advance and then monthly thereafter unless a special promotion requires them to pay 12 months or more in advance.

Use of Services: Basic albums remain on-line for 90 days from the date of creation. If the Member is upgraded the gallery will remain on-line as long as the member is an upgraded member. Member is responsible for all Users who access the Service using the Member Name. Member must notify the Gallery Magic Customer Assistance Center promptly by e-mail or telephone regarding the theft or loss of any Member Name or password. Member may authorize minors to access an account using a Member Name. Member is responsible for supervising any activities undertaken by a minor using Member's Member Name, and Member expressly ratifies and confirms any actions taken in or affecting Member's account by a minor.

Copyright and Other Legal Compliance: Users retain all rights in any material uploaded to the Service by User or others authorized by User. No copyrighted material may be placed on the Service by anyone without the permission of the copyright owner, or persons authorized by the copyright owner to grant permission. You are responsible for obtaining the necessary permission before permitting any copyrighted material that belongs to others to be placed on the Service. You may download the material available on the Service for your personal, non-commercial use. Except as may be permitted by the Copyright Law, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Service. In some cases, you may receive permission on the Service; in other cases you may need to obtain permission directly from the copyright owner.

Prohibited Activities: When considering whether or not to upload files, please note that Gallery Magic contains both public (i.e. viewable by anyone with Internet access), and private albums (which are password protected). You may not upload, or permit others to upload, material to the Service if that material (i) infringes or violates the rights of others, (ii) is, or may be perceived by GM or other likely recipients as, defamatory, deceptive, misleading, abusive, profane, offensive, sexually explicit, or inappropriate, (iii) contains any virus or other content that may damage the Service, the network, or any other User's equipment or software, or (iv) violates any laws, rules, or regulations of any governmental or other administrative organization having authority over the Service, GM, or Users.

Except as permitted under this Agreement, you may not reproduce, distribute, transmit, publish, transfer, or commercially exploit any material available on or through the Service.

Member acknowledges that it is GM's policy to cooperate with law enforcement agencies investigating illegal or improper activities relating to the Service.

Grant of Limited License to GM: Users agree that GM is granted a non-exclusive, royalty-free, worldwide license, with the right to reproduce, distribute, transmit, display any materials and other information you submit to the Service (the "Submitted Materials") for the purposes of (i) display on the user's personal sites and (ii) in the Gallery or public site as submitted by the user and (iii) production of personalized photo finished products or reprints ordered by members or their guests. GM disclaims ownership of "Submitted Materials" and will not resell or otherwise convey these rights to any third party. You also grant to GM the right to use your name in connection with the Submitted Materials.

General Copyright Information: The entire content of the Service is copyrighted by Nimbus Commerce Solutions Ltd. as a collective work under United Kingdom Copyright laws. The copying, reproduction, or publication of any part of the Service unless expressly authorized in writing by GM is prohibited.

Backup Copies of Images and Other Material: The Service is not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility. Although GM takes reasonable precautions to preserve and protect the material you may upload to the Service, you should not rely on the Service as your only source for the material you provide. You should backup copies of any digital information you have uploaded or authorized others to upload to the Service.

Member acknowledges that use of the Service is at Member's sole risk. The Service is not warranted to be error free or uninterrupted, and there is no warranty as to the results obtained through use of the Service. The Service is made available on an as is basis. GM may, at its discretion, but shall not be obligated to, provide support for the Service and related GM software and tools. THERE ARE NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE SERVICE. Neither GM nor anyone else involved in creating, producing, or delivering the Service, or any services accessible through the Service, will be liable for any direct, incidental, special or consequential damages arising out of this Agreement. In no event will the liability of GM for any breach of this Agreement exceed the total charges incurred by a User in the month preceding the date the claim for breach arose. The provisions of this Section will survive termination of this Agreement.

You agree to indemnify, defend and hold harmless GM against all damages, claims, liability, costs, and expenses, including but not limited to reasonable attorneys fees, arising out of violation of any of the provisions of this Agreement by you or anyone accessing the Service under your account.

The Member Agreement and these Terms of Service constitute the entire agreement (collectively "Agreement") between GM and Member with respect to the Service and supersede all other communications.

3rd Party Beneficiaries: The provisions of this Agreement are for the benefit of GM and its service providers, licensors, employees, and agents; and each may assert and enforce those provisions directly on its own behalf.

Governing Law / Venue / Jurisdiction: This Agreement shall all be governed and construed in accordance with the laws of the United Kingdom applicable to agreements made and to be performed in The United Kingdom, and that any legal action or proceeding between GM and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a court of law of competent jurisdiction sitting in the United Kingdon. Any cause of action brought by Member must be instituted within one year after the claim or cause of action has arisen. GM's failure to enforce any provision of this Agreement shall not constitute a waiver of any provision or right.