Terms of Use and Acceptance of Terms
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ACCEPTANCE OF TERMS
The webpages available at www.GallyHo.com,
and all linked pages ("Site"), are accessed by you under the Terms of Use described
below ("Terms of Use").
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING
THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED
BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF
YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE
OR USE THE CONTENT OR ANY SERVICES IN THE SITE. GallyHo's ACCEPTANCE IS EXPRESSLY
CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION
OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY GallyHo,
ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
MODIFICATIONS OF TERMS OF USE
We reserve the right, at our sole
discretion, to modify or replace the Terms of Use at any time. What constitutes
a "material change" will be determined at GallyHo's sole discretion, in good faith
and using common sense and reasonable judgment. You shall be responsible for reviewing
and becoming familiar with any such modifications. Use of the Services by you following
such notification constitutes your acceptance of the terms and conditions of the
Terms of Use as modified.
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DESCRIPTION OF SERVICE
Subject to full compliance with
the Terms of Use, GallyHo may offer to provide certain services and content, as
described more fully on the Site, ("Services"). Services shall include, but not
be limited to, any service and content GallyHo performs for you, as well as the
offering of any materials displayed or performed on the Site (including, but not
limited to text, user comments, messages, information, data, photographs, images,
illustrations, software, audio clips and video clips, also known as the "Content")
on the Site.
GallyHo may change, suspend or discontinue the Services including any Content for
any reason, at any time, including the availability of any feature or content. GallyHo
may also impose limits on certain features and services or restrict your access
to parts or all of the Services without notice or liability.
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YOUR REGISTRATION OBLIGATIONS
Services are available only to individuals
who are at least 18 or 21 years old (depending on your country of residence and
its acceptance of age as being legally adult), whether acting on their own behalf
or as an authorized employee or representative of a corporation or other business
entity. If you do not so qualify, do not attempt to register for or use the Services.
USER CONDUCT
As a condition of use, you promise not to use the Services for any purpose that
is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably
intended by GallyHo.
By way of example, and not as a limitation, you agree not to use the Services:
- to abuse, harass, threaten, impersonate or intimidate other
GallyHo users;
- to contribute any Content that is infringing, libelous, defamatory,
abusive, offensive or otherwise violates any law or right of any third party;
- for any illegal or unauthorized purpose. If you are an international
user, you agree to comply with all local laws regarding online conduct and acceptable
content;
- to post or transmit, or cause to be posted or transmitted, any
communication or solicitation designed or intended to obtain password, account,
or private information from any GallyHo user;
- to create or submit unwanted email ("Spam") to any other GallyHo
users or any URL;
- to violate any laws in your jurisdiction (including but not
limited to copyright laws);
- to submit stories or comments linking to affiliate programs,
multi-level marketing schemes, sites/blogs repurposing existing stories (source
hops), or off-topic content;
- with the exception of accessing RSS feeds, you will not use
any robot, spider, scraper or other automated means to access the Site for any purpose
without our express written permission. Additionally, you agree that you will not:
(i) take any action that imposes, or may impose in our sole discretion an unreasonable
or disproportionately large load on our infrastructure; (ii) interfere or attempt
to interfere with the proper working of the Site or any activities conducted on
the Site; or (iii) bypass any measures we may use to prevent or restrict access
to the Site;
- with the intention of artificially inflating or altering the
'Rating Score', views count, comments, or any other GallyHo service, including by
way of creating separate user accounts for the purpose of artificially altering
GallyHo's services; giving or receiving money or other remuneration in exchange
for votes; or participating in any other organized effort that in any way artificially
alters the results of GallyHo's services.
GallyHo may remove all Content
and all
GallyHo accounts at any time for any reason (including, but not limited to, upon
receipt of claims or allegations from third parties or authorities relating to such
Content), or for no reason at all. To report Terms of Use abuse, please email:
webmaster[-at-]GallyHo.com
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CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
By uploading, submitting or otherwise
disclosing or distributing Content of any kind at or on the Site or otherwise through
the Services, unless source quoted, you represent and warrant that you own all rights
in the Content.
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COPYRIGHT COMPLAINTS
GallyHo respects the intellectual
property of others. It is GallyHo's policy to respond expeditiously to claims of
copyright and other intellectual property infringement. GallyHo will promptly process
and investigate notices of alleged infringement and will take appropriate actions
under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual
property laws. Upon receipt of notices complying or substantially complying with
the DMCA, GallyHo may act expeditiously to remove or disable access to any material
claimed to be infringing or claimed to be the subject of infringing activity and
may act expeditiously to remove or disable access to any reference or link to material
or activity that is claimed to be infringing. GallyHo will terminate access for
subscribers and account holders who are infringers.
Notifying GallyHo of Copyright Infringement: To provide GallyHo notice of an infringement,
you must provide a written communication to the attention of "DMCA Infringement
Notification Dept." care of
webmaster[-at-]GallyHo.com
that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512).
Please note that you may be liable for damages (including costs and attorneys' fees)
if you materially misrepresent that an activity is infringing your copyright.
Providing GallyHo with Counter-Notification: If we remove or disable access to content
in response to an infringement notice, we will make reasonable attempts to contact
the owner or administrator of the affected site or content. If you feel that your
material does not constitute infringement, you may provide GallyHo with a counter
notification by written communication to the attention of "DMCA Counter Notification
Dept." at webmaster[-at-]GallyHo.com that sets forth all of the necessary
information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512).
Please note that you may be liable for damages (including costs and attorneys' fees)
if you materially misrepresent that an activity is not infringing the copyrights
of others. If you are uncertain whether an activity constitutes infringement, we
recommended seeking advice of an attorney.
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GallyHo PRIVACY POLICY
GallyHo.com's privacy policy is
very simple: we do not share your personal information with anyone at anytime
and we will not sell or otherwise misuse your information - period!
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INDEMNITY
You will indemnify and hold harmless
GallyHo, its parents, subsidiaries, affiliates, customers, vendors, officers and
employees from any liability, damage or cost (including reasonable attorneys. fees
and cost) from (i) any claim or demand made by any third party due to or arising
out of your access to the Site, use of the Services, violation of the Terms of Use
by you, or the infringement by you, or any third party using your account or GallyHo
User ID, of any intellectual property or other right of any person or entity.
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WARRANTY DISCLAIMERS
You acknowledge that GallyHo has
no control over, and no duty to take any action regarding: which users gain access
to the Site; what effects the Content may have on you; how you may interpret or
use the Content; or what actions you may take as a result of having been exposed
to the Content. You release GallyHo from all liability for you having acquired or
not acquired Content through the Site. The Site may contain, or direct you to sites
containing, information that some people may find offensive or inappropriate. GallyHo
makes no representations concerning any content contained in or accessed through
the Site, and GallyHo will not be responsible or liable for the accuracy, copyright
compliance, legality or decency of material contained in or accessed through the
Site.
THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME COUNTRIES/STATES
DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
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LINKS
The Services may provide, or third
parties may provide, links to other World Wide Web sites or resources. Because GallyHo
has no control over such sites and resources, you acknowledge and agree that GallyHo
is not responsible for the availability of such external sites or resources, and
does not endorse and is not responsible or liable for any Content, advertising,
products or other materials on or available from such sites or resources. You further
acknowledge and agree that GallyHo shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be caused by or in connection
with use of or reliance on any such Content, goods or services available on or through
any such site or resource.
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LIMITATION OF LIABILITY
IN NO EVENT SHALL GallyHo OR ITS
SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER
LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST
PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF
ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR
ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME COUNTRIES/STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
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TERMINATION
GallyHo may terminate or suspend
any and all Services and your GallyHo account immediately, without prior notice
or liability, if you breach any of the terms or conditions of the Terms of Use.
Upon termination of your account, your right to use the Services will immediately
cease. If you wish to terminate your GallyHo account, you may simply discontinue
using the Services. All provisions of the Terms of Use which by their nature should
survive termination shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity and limitations of liability.
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TRADEMARKS
"GallyHo", GallyHo graphics, logos,
designs, page headers, button icons, scripts, and service names are registered trademarks,
trademarks or trade dress of GallyHo in most countries. GallyHo's trademarks and
trade dress may not be used, including as part of trademarks and/or as part of domain
names, in connection with any product or service in any manner that is likely to
cause confusion.