Gallery Metrics™ Terms and Conditions of Use
THESE TERMS AND CONDITIONS GOVERN YOUR USE OF OUR SERVICE. IF YOU REGISTER FOR A FREE TRIAL, THESE TERMS AND CONDITIONS OF USE ALSO GOVERN THAT FREE TRIAL.
1.1. Gallery Metrics™ provides its services to You through its website located at www.gallerymetrics.com, subject to these Terms and Conditions.
1.2. By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website. You acknowledge that these Terms constitute a contract between you and Gallery Metrics™, even though it is electronic and is not physically signed by you and Gallery Metrics™.
1.3. If you register with our website, we will ask you to expressly agree to these terms and conditions.
2. AVAILABILITY OF THE SITE
2.1. You acknowledge that there may be interruptions in service or events that are beyond the control of Gallery Metrics™. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance.
2.2. You understand and acknowledge that due to circumstances both within and outside of our control, Site access may be interrupted, suspended or terminated.
2.3. You further understand that there may be interruptions in service or events on third-party sites, including, but not limited to, Instagram etc., that will affect your use of the Service and that are beyond our control to prevent or correct.
2.4. Interruptions in the Service that are beyond our control shall not serve as a basis to terminate your subscription or demand a full or partial refund of any prepaid fees.
3. THIRD PARTY SERVICES
3.1. External Sites. The Service may contain links to, or otherwise may allow You to connect to and use certain third party products, services or software under separate terms and conditions (collectively, “Third-party Services”) in conjunction with Our Service. If You decide to access and use such Third-party Services, be advised that Your use is governed solely by the terms and conditions of such Third-party Services, and We do not endorse, are not responsible for, and make no representations as to such Third-party Services, their content or the manner in which they handle Your data. Gallery Metrics™ is not liable for any damage or loss caused or alleged to be caused by or in connection with Your access or use of any such Third-party Services, or Your reliance on the privacy practices or other policies of such Third-party Services.
3.2. Integration. The Service may contain features that enable various Third-party Services (such as social media services like Instagram) to be directly integrated into your Gallery Metrics™ account. To take advantage of these features, You will be required to register for or log into such Third-party Services on their respective websites. By enabling third party services within the Service, You are allowing Gallery Metrics™ to pass Your log-in information to these Third-party Services for this purpose.
4. USE OF THE SERVICE
4.1. Gallery Metrics™ may offer Free Trial accounts where you may use the Service free of charge for a specified time period. Upon expiration of this time period, your access to the Service will be terminated unless you choose to pay the applicable subscription fee and become a subscriber. You understand that only a single Free Trial account will be granted for a given email address. The provision, maintenance and termination of Free Trial accounts are within the sole discretion of Gallery Metrics™. Gallery Metrics™ has no obligation or liability related to the provision, maintenance and termination of Free Trial accounts.
4.2. You agree not to (a) license, sublicense, sell, resell, rent, lease, transfer assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by these Terms; (b) use the Service to process data on behalf of any third party, (c) modify, adapt or hack the Service to falsely imply any sponsorship or association with Gallery Metrics™, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; (d) use the Service in any unlawful manner, including but not limited to violation of any persons privacy rights, infringing any person’s intellectual property rights, or sending spam or otherwise duplicative or unsolicited messages in violation of applicable law, (e) use the Service in any manner that interferes with or disrupts the integrity or performance of the Service and its components; (f) attempt to decipher, decompile, reverse engineer or otherwise discover the source code of any software making up the Service; (g) use the Service to knowingly post, upload, link to, send or store any content that is unlawful, racist, hateful, obscene, discriminatory, or contains any viruses, malware, Trojan horses, time bombs, or any other similar harmful software; (h) attempt to use any method to gain unauthorized access to any paid features of the Site; (i) unless otherwise explicitly agreed to in writing by Gallery Metrics™, use the Site or any content obtained from it to develop, as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (j) use automated scripts to collect information from or otherwise interact with the Site or the Service; (k) deep-link to the Site for any purpose (other than Gallery Metrics’ home page), unless expressly authorized in writing by Gallery Metrics™; or (l) try to use, or use the Service in violation of these Terms.
4.3. You are responsible for all information, data, text, messages or other materials that You post or is otherwise transmitted via the Service. You are responsible for maintaining the confidentiality of Your login and account, and are fully responsible for any and all activities that occur under Your login or account. You agree and acknowledge that Your login may only be used by one (1) person, and that You will not share a single login among multiple people. You may create separate logins for as many people as Your plan allows. You agree that You will not sell, trade or otherwise transfer Your login or account to another party and that you will not, unless otherwise specifically agreed to in writing by Gallery Metrics™, charge anyone for access to any portion of the Site, or any information therein. You agree that you are responsible for anything that happens through your account until you cancel your subscription and close your account or prove that your account security was compromised due to no fault of your own.
4.4.Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
4.5. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
5. BILLING AND PAYMENTS
5.1. Billing and Payments. Unless otherwise agreed to in writing by Gallery Metrics™, the Service is made available on a pay-as-you-go basis and is charged at the start of Your elected subscription term (generally monthly or annually). If You do not provide Your credit card or other payment information to Gallery Metrics™ before the expiration of any applicable free trial period, Your account will be suspended until payment information and charge authorization are provided. You will be promptly billed and, if applicable, any trial period will terminate. Thereafter, Your subscription will renew automatically based on Your plan’s renewal cycle. The Service provides an interface for the account owner to change credit card information (e.g., upon card renewal).
5.2. Modifying Your Subscription. If You choose to upgrade Your plan or number of users during Your elected subscription period, any incremental cost will be prorated over the remaining term of the subscription period and charged to Your account. Subsequently, You will be charged the adjusted rate on Your next billing cycle. If your payments for the Service are made by credit card, your credit card will be billed the prorated charge at the time your account is modified. Regardless of Your billing cycle, there are no refunds or credits for partial months of Service, plan downgrades, or refunds for unused time if You close Your account before the end of Your subscription period. Downgrading Your plan level may cause the loss of content, features, or capacity of Your account and Gallery Metrics™ does not accept any liability for such loss.
5.3. Overdue charges. If You fail to pay your subscription fee on time, or if Your credit card payment information is entered in error or does not go through for processing and You do not update payment information upon Our request, your entire subscription may be suspended or cancelled. Even after your subscription is suspended or cancelled, You will still have access to the Site, and you will be able to access your account information to restore your access to the Service by providing a proper billing source. After your subscription is terminated, we will keep your current account settings on file for 90 days. After that time, Gallery Metrics™ reserves the right to remove such settings from our servers with NO liability or notice to you.
5.4. Billing Privacy. Gallery Metrics™ uses a third-party intermediary to manage credit card processing and this intermediary is not permitted to store, retain, or use Your billing information except to process Your credit card information for Gallery Metrics™.
6. CANCELLATION AND TERMINATION
6.1.You may cancel your account with Gallery Metrics™ at any time; however, unless Gallery Metrics™ is in breach of this Agreement and does not cure said breach within thirty (30) days of receiving written notice from You of an actual breach, identifying specifically the nature of the breach, You are not entitled to any refunds. We may suspend or cancel Your account without notice or refund to You if you violate this Agreement. If your account is cancelled, Gallery Metrics™ reserves the right to remove Your account information along with any account settings from our servers with NO liability or notice to You. Once Your account information and account settings are removed, You will not be able to recover this data and You will lose access to all of Your content (except that content stored/published to third-party websites, that data will remain on said third-party websites pursuant to those website’s terms and conditions). If You cancel the Service before the end of Your current paid-up subscription period, Your cancellation will take effect immediately and You will not be charged again.
6.2. Gallery Metrics™ reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any/all current and future use of the Service, suspend or terminate your account or any part thereof (or Your use of the Service), and remove and discard any of Your content within the Service if We believe that You have violated these Terms. Gallery Metrics™ will use all reasonable efforts to contact You directly via email to warn You prior to suspension or termination of Your account. Any suspected fraudulent, abusive, or illegal activity may be grounds for immediate termination of Your use of Service, and may be referred to law enforcement authorities. GalleryMetrics™ shall not be liable to You or any third party for any modification, suspension or discontinuation of the Service.
7. COPYRIGHT ACT
If you believe in good faith that content or material on this website infringes a copyright owned by you, you (or your agent) may send Gallery Metrics a notice requesting that the material be removed, or access to it blocked. This request should be sent to: info@gallerymetrıcs.com;
8. LIMITED WARRANTIES
8.1 We do not warrant or represent:
A. The completeness or accuracy of the information published on our website;
B. That the material on the website is up to date;
C. That the website or any service on the website will remain available.
8.2. We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
8.3. To the maximum extent permitted by applicable law and subject to Section 9.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
9. LIMITATIONS AND EXCLUSIONS OF LIABILITY
9.1. GalleryMetrics™ provides the platform for the Service. GalleryMetrics™ does not control or vet user generated content for accuracy. Although We provide rules for user conduct and postings, We do not control and We are not responsible for what users post, transmit or share on or through the Site or any other website (even if such content is published on or through the Site). Furthermore, we are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content You may encounter on the Site. GalleryMetrics™ is not responsible for the conduct, whether online or offline, of any user of the Site or the Service. Further, GalleryMetrics™ is not responsible or liable in any manner for any 3rd party applications, software, viruses, etc. that are uploaded or posted on the Site, caused by users of the Site, or that are related to the use of the Service by third parties, or caused by any third parties’ use of the equipment or programming associated with or utilized in the Site or the Service.
GalleryMetrics™ CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE.
9.2. We do not monitor content published through the Service and We are not responsible for content published through the Service. Notwithstanding the foregoing, GalleryMetrics™ reserves the right to delete, move, or edit messages or materials, including, but not limited to, advertisements, public postings, and messages, that we, in our sole discretion, deem necessary to be removed.
9.3. Nothing in these terms and conditions will:
A. Limit or exclude any liability for death or personal injury resulting from negligence;
B. Limit or exclude any liability for fraud or fraudulent misrepresentation;
C. Limit any liabilities in any way that is not permitted under applicable law; or
D. Exclude any liabilities that may not be excluded under applicable law.
9.4. The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
A. are subject to Section 12.1; and
B. Govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
9.5. To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
9.6. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
9.7. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
9.8. We will not be liable to you in respect of any loss or corruption of any data, database or software.
9.9. We will not be liable to you in respect of any special, indirect or consequential loss or damage.
9.10. You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
10.BREACHES OF THESE TERMS AND CONDITIONS
10.1. Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
A. send you one or more formal warnings;
B. temporarily suspend your access to our website;
C. permanently prohibit you from accessing our website;
D. block computers using your IP address from
E. contact any or all of your internet service providers and request that they block your access to our website;
F. commence legal action against you, whether for breach of contract or otherwise; and/or
G.suspend or delete your account on our website.
10.2. Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking including without limitation creating and/or using a different account.
11.1. We may revise these terms and conditions from time to time.
11.2. The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
11.3. If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
12.1You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
12.2You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
13.1. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
13.2. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
14.THIRD PARTY RIGHTS
14.1. A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
14.2. The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
15. ENTIRE AGGREMENT
15.1. These terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
16.LAW AND JURISDICTION
16.1These terms and conditions shall be governed by and construed in accordance with English law.
16.2. Any disputes relating to these terms and conditions shall be subject to the jurisdiction of the courts of England.