July 11th, 2016
Hello and welcome to MyGallerybay.com (from now on, referred to as the "Site") created, owned and operated by GDV bvba.
MyGallerybay does not ask for exclusivity, does not ask sales commissions, and will not interfere in the sales traject of the artist.
By using the Site you agree to be bound by any modifications made to the Terms.
About the use, accounts and access of MyGallerybay
The Site, including all of its contents, such as text, images, and the HTML used to generate the pages, are our property or that of our suppliers, advertisers, partners, or licensors and are protected by patent, trademark and/or copyright under Belgian, European and/or foreign laws. Except as otherwise mentioned, you may not use, copy, print, display, download, upload, reproduce, publish, modify, delete, or distribute any content from this Site in whole or in part, for any public or commercial purpose without our explicit written permission. We grant you a personal, non-exclusive, non-transferable license to access the Site and to use the information, tools and services displayed on the Site.
In consideration of your use of the Site, during registration and at all times you voluntarily enter information into your account; you agree to give truthful, accurate, current and complete information about yourself.
Non allowed Uses of the Site
MyGallerybay and it’s content may be used only for lawful purposes by individuals using authorized services of MyGallerybay. You are responsible for your own communications, including the upload, transmission and posting of information, and you are responsible for the consequences of their posting on or through the Site. MyGallerybay specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:
a Posting any information which is incomplete, false, inaccurate or not your own;
b Impersonating another person;
c Posting material that infringes on any other intellectual property, privacy or publicity right of another;
d Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
e Attempting to interfere in any way with the Site's or MyGallerybay’s networks or network security, or attempting to use the Site's service to gain unauthorized access to any other computer system.
f Abusing the Like button to benefit in any way, including but not limited to, liking yourself or others multiple times and under different aliases
Modifications to the Site & liability
We reserve the right, in our sole discretion, for any reason and without notice our users, to terminate, suspend, change, or discontinue any aspect of the Site, including, but not limited to, information, products, data, text, music, sound, photographs, graphics, video, messages or other materials ("Content"), features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
The site, including, without limitation, all content, function, materials and services is provided "as is," without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services or uninterrupted access, any warranties concerning the availability, accuracy, completeness, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We don’t guarantee that the site or the function, content or services made available thereby will be timely, secure, uninterrupted or error free, or that defects will be corrected. MyGallerybay makes no warranty that the site will meet users' expectations or requirements. If you are dissatisfied with the site, your sole remedy is to discontinue using the site.
Any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk and that you will be solely responsible for any damage that results from the download of any such material.
MyGallerybay does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on or through the site. MyGallerybay is not a party to, and does not monitor, any transaction between users and third parties without the direct involvement of company.
In no event shall MyGallerybay, its affiliates or any of their respective directors, officers, employees, agents, partners, collectors, subsidiaries, divisions, successors, suppliers, distributors, affiliates vendors, contractors, galleries, artists, institutions, representatives or content or service providers be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising from or directly or indirectly related to the use of, or the inability to use, the site or the content, materials and function related thereto, including, without limitation, loss of revenue, or anticipated profits, or lost business, data or sales, or cost of substitute services, even if company or its representative or such individual has been advised of the possibility of such damages.
You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the site.
User Submitted Content
You are responsible for any User Content you post to the site. By "User Content" we mean any content you post to the site, which may include reviews, comments & remarks, image uploading, captions, participating in forums & chat sessions. We are not responsible for the personally identifiable or other information you choose to submit as User Content and we reserve the right to remove any User Content generated by any user at our sole discretion. You understand that once you post User Content, your content becomes public. We are not responsible for keeping any User Content confidential so if you do not want anyone to read or see that content, do not submit or post it to the Site.
If we allow you to upload User Content, you may not:
1. Provide User Content that you do not have the right to submit, unless you have the owner's permission; this includes material covered by someone else's copyright, patent, trade secret, privacy, publicity, or any other proprietary right;
2. Forge headers or manipulate other identifiers in order to disguise the origin of any User Content you provide;
3. Provide any User Content that contains lies, falsehoods or misrepresentations that could damage us or anyone else;
4. Provide User Content that is illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
5. Impersonate anyone else or lie about your affiliation with another person or entity in your User Content;
6. Use meta tags or any other "hidden text" utilizing any of our or our suppliers' product names or trademarks in your User Content; or
7. Provide User Content, which disparage us or our vendors, partners, contractors, collectors, galleries, artists, institutions, distributers, representatives and affiliates.
Except as otherwise specifically provided and in written confirmed by a recognized MyGallerybay representative, if you post content or submit material to the Site, you grant us a royalty-free, nonexclusive, irrevocable, perpetual, and fully sub-licensable right to use, distribute, reproduce, modify, translate, adapt, publish, create derivative works from, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms or any law or regulation; and the content will not cause injury to any person or entity. We have the right but not the obligation to monitor and edit or remove any activity or content. User Content comes from a variety of sources. We do not endorse, or support any views, opinions, recommendations, or advice that may be in User Content, nor do we vouch for its accuracy or its reliability, usefulness, safety or intellectual property rights of any User Content. We take no responsibility and assume no liability for any User Content posted by you or any third party.
Selling on MyGallerybay
GDV bvba may make available the MyGallerybay website as a platform where sellers may offer goods for sale. MyGallerybay reserves the right in its sole discretion and at any time to refuse or revoke permission for sellers to offer goods.
MyGallerybay is independent from the buyers and sellers that act on the MyGallerybay website and no agency, partnership, joint venture, employee-employer or franchiser-franchisee or fiduciary relationship is intended or created by the operation of the MyGallerybay website.
MyGallerybay may, but is not obligated to provide intermediary services between the buyer and sellers.
MyGallerybay users accept that there is no right of withdrawal, and that all financial transactions, and the consequences of these transactions, cannot in any way affect or have consequences for MyGallerybay.
Participating sellers and buyers may be required to register on the site, may select a username and password, and must agree to be bound by these terms.
Sellers agree to pay a fee to MyGallerybay, according to the account fees mentioned on the Site. This fee is a fixed price, as mentioned on the site.
Responsibilities of Buyers and Sellers
Goods offered on MyGallerybay must be tangible goods that meet the requirements of the Site. Sellers shall not offer any goods for sale or consummate any transaction initiated on MyGallerybay that violates or could cause MyGallerybay to violate any applicable law, statute, ordinance or regulation. MyGallerybay shall have sole discretion as to whether a specific item meets the requirements of the Site, which determination is final.
Sellers offering goods shall post a description of the goods offered and can set a price. Sellers agree to accept any bid matching the mentioned price.
Sellers are solely responsible for the description, condition, authenticity, and quality of the goods offered. Sellers represent that they are in compliance with all applicable laws, including without limitation those regarding the transmission of technical data exported from Europe or the country in which the seller resides as well as the restrictions on import or export of goods from the seller’s country to the buyer’s country.
By posting goods on the MyGallerybay each seller represents and warrants that he/she holds free and marketable title to the goods offered and that the sale to any buyer will be free and clear of any and all liens or encumbrances. Sellers agree that MyGallerybay will publish images and information in English or any other language relating to the goods offered by sellers. Sellers are solely responsible for descriptions of goods and all other content provided to MyGallerybay by seller. Each seller agrees that MyGallerybay may reformat content submitted by sellers in order to best serve the needs and formatting of the MyGallerybay website. Sellers grant MyGallerybay a perpetual, irrevocable, royalty-free license to use the listing information in other areas of the site in our sole discretion.
Sellers are responsible for shipment of goods to buyers upon receipt of the purchase price. Sellers must make shipment promptly on receipt of good funds from buyers. Sellers are responsible for collecting any and all applicable taxes from the successful buyer and for remitting such taxes to the applicable taxing authority.
Buyers are responsible for determining the value, condition and authenticity of the goods. Buyers active on the MyGallerybay website represent and warrant by offering to purchase that they are ready, willing and able to pay the mentioned purchase price, and all applicable taxes within 24 hours of the close of the purchase. Any purchases submitted using a buyer’s registration log in information shall be deemed made or authorized by that buyer. Each buyer confirming to purchase represents and warrants that such purchase offers are not the product of any collusive or other anti-competitive agreement and are otherwise consistent with any national or international laws. Each buyer is responsible for payment of local and national taxes, any applicable use tax, any applicable luxury tax or any other taxes assessed on the purchase of the goods. The buyer is solely responsible for identifying and obtaining any necessary export, import, or other permit for the delivery of the goods and for determining whether the goods are subject to any export or import embargoes.
Sellers and buyers agree that MyGallerybay is not responsible for and does not make any representations or warranties (express or implied) as to the goods offered, including without limitation as to merchantability, fitness for a particular purpose, the accuracy of the description of the goods, the physical condition, size, quality, rarity, importance, medium, provenance, whether the goods are subject to export or import restrictions or embargoes, shipment or delivery, packing or handling, the ability of the buyer to pay, the ability of the seller to collect the purchase price, or any other representation or warranty of any kind or nature. MyGallerybay is not responsible for any errors or failures to execute sales or purchases on-line, including, without limitation, errors or failures caused by (1) loss of connection to the internet, (2) a breakdown or failure of the software, or (3) a breakdown or failure of any seller’s or buyer’s internet connection or computer or (4) any errors or omissions in connection with the sale and/or purchase process.
We control and operate the Site from our offices in Belgium, and all information is processed within Belgium. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from Belgium or the country in which you reside.
As between you and MyGallerybay (or other company whose marks appear on the Site), MyGallerybay (or the respective company) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of the Content and/or information on the Site, unless otherwise indicated.
Except as otherwise provided herein, use of the Site does not grant you a license to any Content, features or materials you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by MyGallerybay. If you make use of the Site, other that as provided herein, in doing so you may violate copyright and other laws of Belgium, other countries, or state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Site.
The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law.
Product names, logos, designs, titles, graphics, words or phrases may be protected under law as the trademarks, service marks or trade names of MyGallerybay, or other entities. Such trademarks, service marks and trade names may be registered.
Without our prior written permission, you agree not to display or use our trademarks, service marks, trade names, other copyrightable material or any other intellectual property in any manner.
Links from and to the Site
You may be able to link to third party websites ("Linked Sites") from the Site. Linked Sites are not, however, reviewed, controlled or examined by us in any way and we are not responsible for the content, availability, advertising, products, information or use of user information or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply our endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall we be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to that site's administrator or Webmaster. We reserve the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links to different users.
Permission must be granted by us for any type of link to the Site. To seek our permission, you may write to us at the address below. We reserve the right, however, to deny any request or rescind any permission granted by us to link through such other type of link, and to require termination of any such link to the Site, at our discretion at any time.
You agree to defend, indemnify and hold MyGallerybay, its directors, owners, shareholders, employees, partners, contractors, galleries, collectors, artists, institutions, distributers, representatives and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the Site, your violation of any law, your violation of the Terms or the posting or transmission of any User Content, or materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right. You agree to cooperate as fully as reasonably required in the defense of any claim. Your indemnification obligation will survive the termination of these Terms and your use of the Site.
Our Safety Rules
Violations of system or network security may result in civil or criminal liability. We will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
a Accessing data not intended for you or logging into a server or account which you are not authorized to access;
b Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
c Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus, worm, Trojan Horse or other harmful code to the Site, overloading, "flooding", "mailbombing" or "crashing"; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or
d Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
By using this Site you agree that the laws of Belgium, shall govern these Terms. Use of the Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for resolving any claim or dispute with MyGallerybay relating in any way to your use of the Site resides in the court of Kortrijk, Belgium, and you further agree and expressly consent to the exercise of personal jurisdiction in the court of Kortrijk, Belgium. In addition, you expressly waive any right to a jury trial in any legal proceeding against MyGallerybay, its parent, subsidiaries, divisions, or affiliates or their respective officers, directors, employees, agents, or successors under or related to these Terms. Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises.
Limitations of Liability
SPONSOR DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ITS WEBSITES. SPONSOR IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR TELEPHONE LINES, COMPUTER ON-LINE SYSTEMS, SERVERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY E-MAIL OR ENTRY TO BE RECEIVED BY SPONSOR ON ACCOUNT OF TECHNICAL PROBLEMS, HUMAN ERROR OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE, OR ANY COMBINATION THEREOF. SPONSOR IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CAPTURE OF INFORMATION OR THE FAILURE TO CAPTURE SUCH INFORMATION, WHETHER CAUSED BY WEBSITE USERS, TAMPERING OR HACKING, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE CONTEST. SPONSOR IS NOT RESPONSIBLE FOR INJURY OR DAMAGE TO PARTICIPANTS’ OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING IN THIS CONTEST OR FROM OR USE OF THE WEBSITE. IN NO EVENT WILL SPONSOR, OR THEIR PARENT COMPANIES, DISTRIBUTORS, AFFILIATES, SUBSIDIARIES, OFFICERS, VENDORS, AND AGENCIES, EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THIS CONTEST, ACCESS TO AND USE OF THE WEBSITE OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE WEBSITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE AND IN THIS CONTEST IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
To contact us with any questions or concerns in connection with this Agreement or the Site, or to provide any notice under this Agreement to us please contact us or write to us at:
Gdv bvba, Ooststraat 3, 8647 Lo-Reninge, BELGIUM.
The Terms constitute the entire agreement between you and MyGallerybay and govern your use of the Site, superseding any prior agreements between you and MyGallerybay.
You also may be subject to additional terms and conditions that are applicable to certain parts of the Site.
You agree that no joint venture, partnership, employment, or agency relationship exists between MyGallerybay and you as a result of this Agreement or your use of the Site.
Any claim or cause of action you may have with respect to MyGallerybay or the Site must be commenced within one (1) year after the claim or cause of action arose.
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You may not assign the Terms or any of your rights or obligations under the Terms without our express written consent.
The Terms inure to the benefit of MyGallerybay’s successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.
© Copyright 2015 by MyGallerybay / GDV bvba All rights reserved.