Terms of Use

This website ("Website") is owned and operated by GlamGallery Inc. ("GlamGallery"). Access and use of this Website and its related services (the "Services") are provided by GlamGallery to you subject to the following Terms of Use. Your access or use of the Website or the Services constitutes your agreement to be bound by the Terms of Use. If you do not agree to accept and abide by these Terms of Use you should not access or use this Website or the Services.

These Terms of Use were last updated on September 10, 2015. GlamGallery reserves the right to revise or modify the Terms of Use at any time, at its sole discretion, and without prior notice. Your continued access or use of this Website or the Services after any such changes are posted will constitute your acceptance of these changes. You should periodically visit this webpage to review the prevailing Terms of Use.

THESE TERMS OF USE CONTAIN, AMONG OTHER TERMS, IMPORTANT LIMITS ON YOUR REMEDIES AGAINST GLAMGALLERY. PLEASE REVIEW THESE TERMS OF USE CAREFULLY.

Privacy

In the course of using this Website, you may provide or we may collect personal information about you. We are committed to protecting the privacy of the personal information of those individuals who interact with this Website and the Services. To understand our practices, please review GlamGallery's Privacy Policy, which is available at /privacy and is incorporated as part of these Terms of Use. By accessing or using this Website or the Services, you acknowledge and accept the risks that information transmitted using this Website may not be secure or private, and that any such information may be lost, intercepted or altered.

Ownership of Intellectual Property

All information and materials on this Website (collectively, the "Materials") are the property of GlamGallery or its licensors and may be protected by copyright, trademark and other intellectual property laws. The Materials may only be used and purchased for your personal, non-commercial purposes in accordance with these Terms of Use, provided that the Materials are not modified and all copyright and other intellectual property notices contained in such Materials are maintained. For greater certainty, you will not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Materials for any other purposes without the prior written consent of GlamGallery or its licensors. Any other use of the Materials without GlamGallery's or its licensors prior written permission is expressly prohibited. GlamGallery and its licensors reserve all rights not expressly granted in and to the Materials.

Certain words, phrases, names, titles, icons, graphics, designs or logos used on the Website may constitute trademarks, service marks or trade-names of GlamGallery or other entities. The display of trademarks, service marks or trade-names on the pages of the Website does not imply that a license of any kind has been granted to anyone else. Except as specifically set out herein, you may not use any such trademarks, service marks or trade-names in any manner whatsoever.

Your Materials

GlamGallery does not claim ownership of information or other content that is posted, uploaded, displayed, transmitted or other distributed to the Website or the Services by you or at your direction ("User Materials"), except as may otherwise be set out in a separate agreement you enter into with GlamGallery. By posting, uploading, displaying, transmitting, or otherwise distributing User Materials to this Website or the Services, you are granting GlamGallery, its affiliates, partners, officers, directors, employees, consultants, agents, and representatives a perpetual, irrevocable, worldwide, royalty-free, sublicenseable, transferable, non-exclusive license to use, copy, distribute, transmit, publicly display, reproduce, modify, edit, translate, and reformat such User Materials in connection with the operation of this Website and the Services, including, without limitation, for promoting the Website and any or all of the Services. You also grant each user of the Services a non-exclusive license to access your User Materials through the Website and the Services, and to use, copy, transmit, display and reproduce such User Materials for their personal, non-commercial purposes as permitted by the Services and in accordance with these Terms of Use. Subject to the foregoing licenses, you retain all of your ownership rights in your User Materials.

By posting User Materials on this Website, you represent and warrant to GlamGallery that:

  • You own the rights to the User Materials or are otherwise authorized to post, upload, display, transmit, or otherwise distribute the User Materials and that such User Materials do not violate any applicable laws. You agree that the burden of proving that any User Materials do not violate any laws or third party rights rests solely with you.
  • You have obtained and maintain copies of appropriate releases from all subjects depicted in any photographs you post, upload, display, transmit, or otherwise distribute through this Website or the Services ("Photographs") whereby such subjects consent to the publication and distribution of images bearing their likeness. You have also obtained and maintain, if applicable, location releases for any Photographs. You will, on request, promptly provide to GlamGallery a copy of such releases for any Photograph.
  • If any Photographs or other User Materials contain nudity or any material that could be considered explicit, you have verified the identity of all subjects depicted in such Photograph or User Materials and have confirmed that such subjects were at least 18 years of age (or at least the age of majority in the jurisdiction in which such subjects reside, if the age of majority is greater than 18) at the time such Photograph was taken or such User Materials were created. If you are the subject in any Photographs or other User Materials containing nudity or any material that could be considered explicit, you confirm that you were at least 18 years of age (or at least the age of majority in the jurisdiction in which you reside, if the age of majority is greater than 18) at the time such Photograph was taken or such User Materials were created.

You, and not GlamGallery, are solely responsible for your User Materials and the content thereof. GlamGallery will not be responsible or liable for the deletion or accuracy of any User Materials, the failure to store, transmit, encrypt (or otherwise secure) or receive any User Materials, or the storage, transmission, encryption (or other security) or receipt of any other communication involving the use of this Website or the Services. This Website should not be relied upon for the storage of your User Materials. You are responsible for making and maintaining backup copies of all such User Materials.

You are solely responsible for obtaining and maintaining any necessary consents or permissions from any third party whose information may be collected, recorded, processed, stored, used, disclosed, transferred, exchanged or otherwise handled as a result of, or as part of, any User Materials or any communications involving the use of this Website or the Services and agree to obtain and maintain all such consents or permissions throughout the term of this agreement.

GlamGallery may, at any time and with or without notice to you, remove User Materials from the Website for any reason, including but not limited to, where GlamGallery determines, in its discretion, such User Materials do not comply with these Terms of Use or should otherwise not be posted on or available through the Website. If you have purchased a photograph that is subsequently removed from the Website, GlamGallery will refund the cost actually paid by you for the tokens used to purchase such photograph.

Accounts

In order to access and use the Services available on this Website, you are required to sign up for and maintain an account with GlamGallery ("Account"). Prior to completing the signup process for your Account, you will be required to indicate your acceptance of all of the terms and conditions of these Terms of Use. If you do not agree to these Terms of Use, you may not sign up for an Account.

All of the information you provide to us or that we collect from you in connection with your use or access of the Website or the Services will be governed by these Terms of Use and GlamGallery's Privacy Policy. You agree at all times to: (i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and (ii) maintain and update your information (including your e-mail address) to keep it accurate, current and complete at all times. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we may, in our sole discretion, suspend or terminate your Account and your ability to use or access this Website or the Services.

When signing up for an Account, you will be required to confirm your date of birth. By using or accessing this Website or the Services, you represent and warrant to that: (i) you are either at least 18 years of age (or at least the age of majority in the jurisdiction in which you reside if the age of majority is greater than 18) or you are at least 14 years of age and have been authorized to use the Website and the Services by your parent or legal guardian; and (ii) you are fully able and competent to enter into and comply with these Terms of Use. If you are under 14 years of age or are under 18 years of age (or are under the age of majority in the jurisdiction in which you reside if the age of majority is greater than 18) and do not have the authorization of your parent or legal guardian you should not use this Website or the Services.

You must not choose a username that: (i) infringes the rights of any third party; (ii) impersonates any GlamGallery employee, other users, celebrity or anyone with a considerable fame; (iii) which is deliberately confusing; or (iv) which is offensive, racist, obscene, hurtful, unlawful or otherwise inappropriate. You agree that you will not use misspellings or alternative spellings or take any other actions for the purpose of circumventing the foregoing restrictions. You understand and agree that, in addition to the foregoing restrictions, we reserve the right to change, remove, alter or delete any username at any time and for any reason in our sole discretion.

WE DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR ANY UNAUTHORIZED USE OF YOUR ACCOUNT. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

You cannot transfer your Account to any other person, or permit anyone to use the same. You agree to notify us immediately of any unauthorized use, theft or misappropriation of your Account, username, or password.

Cancellation of Account and Deletion or Restriction of User Materials

You may cancel your Account at any time by providing written notice to us at admin@glamgallery.com . If you cancel your Account, you will not be entitled to any refund for any subscription fees previously paid or tokens purchased but unused prior to the date of cancellation. If users have paid to access User Materials submitted by you or at your direction to the Website, you understand that such users will continue to have access to these User Materials, notwithstanding the cancellation of your account or your deletion of these User Materials, unless such User Materials are removed by GlamGallery in its sole discretion.

Website Content

You understand that Materials you may be exposed to on the Website or through your use of the Services may be from sources other than GlamGallery and that GlamGallery is not responsible for such Materials, including the content, accuracy and safety thereof. You are aware and acknowledge that you may be exposed to Materials which contain nudity or violence or which may be deemed or considered offensive, indecent or objectionable, and you waive any legal rights or remedies you may have against GlamGallery with respect thereto. GlamGallery does not endorse any User Materials submitted to the Website and disclaims any and all responsibility for and liability in connection with such User Materials.

User Materials containing nudity will be age-restricted by GlamGallery. GlamGallery is not responsible for a minor's access to photographs containing nudity to the extent that such minor has failed to accurately enter or disclose his or her age upon registration for an Account. If you are a parent or legal guardian who has authorized the use of the Website or the Services by a minor, you are responsible for the conduct of such minor in using or accessing the Website or the Services. Users who have access to photographs containing nudity through the Website agree not to share, distribute or otherwise make such photographs available to a minor.

Third Party Websites

This Website may provide links to third party websites for your convenience only. The inclusion of these links does not imply that GlamGallery controls, monitors or endorses these websites or the content on them. GLAMGALLERY WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR ASSOCIATED WITH THE USE OF OR RELIANCE UPON ANY INFORMATION, CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY THIRD PARTY WEBSITES.

Currency of Website

GlamGallery updates the Materials on this Website periodically. However, GlamGallery cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the Materials on this Website. GlamGallery may revise, supplement or delete information, services and/or the resources contained in or available from this Website and reserves the right to make such changes without prior notification to you or any other past, current or prospective visitors. For the avoidance of doubt, we reserve the right at any time to change: (i) the terms and conditions of these Terms of Use; (ii) this Website or the Services, including terminating, eliminating, supplementing, modifying, adding or discontinuing any content or feature or data or service on or available through this Website or the Services or the hours that they are available; (iii) any fees or charges, if any, related to the use of this Website or the Services; and (iv) the equipment, hardware or software required to use and access this Website or the Services.

Prohibited Conduct

Without GlamGallery's prior consent, you may not redistribute, frame, deep-link, lease, rent, sell or otherwise exploit the Materials or any other content of this Website or reverse-engineer, disassemble, or otherwise convert the Materials to any other form. You may not interfere with the security of, or otherwise abuse this Website or any system resources, services or networks connected to or accessible through this Website. You may only use this Website for lawful purposes. Any conduct by you that, in GlamGallery's sole discretion, restricts or inhibits it or any other user from using or enjoying this Website will not be permitted. You agree to use this Website only for lawful purposes and to comply with all applicable laws, rules and regulations.

GlamGallery may, without notice, temporarily or permanently terminate or suspend your Account or your access to the Website or the Services for any reason whatsoever, including, without limitation, if we reasonably suspect that you, or any other parties on your behalf or through your Account, are breaching these Terms of Use, are obtaining unauthorized access to our other systems or information, or are using otherwise valid user identifications or passwords in any other unauthorized manner. Suspensions will be for such periods of time as GlamGallery may determine is necessary to permit the thorough investigation of such suspended activity.

While using the Website, you agree to comply with all applicable laws, rules and regulations. GlamGallery reserves the right, in its sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity the Website.

GlamGallery is intended to be a forum for photographers and models to share their artistic works. You agree not to post, upload, display or otherwise distribute through or in connection with the Website anything, including, without limitation, any User Materials, that:

  • is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person or entity;
  • is bigoted, hateful, or racially or otherwise offensive;
  • is violent, graphic, vulgar, obscene, pornographic or otherwise sexually explicit, or otherwise harms or can reasonably be expected to harm any person or entity;
  • is misleading, untruthful or inaccurate or falsely impersonates any real person or entity;
  • is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a submission that is, or represents an attempt to engage in, child pornography, child exploitation, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
  • infringes, misappropriates, or violates any right of a third party, including: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) rights of privacy (specifically, you must not distribute another person's personal information of any kind, including, without limitation, the name or identity of any subjects in any Photographs, without their express permission), personality or publicity; or (iii) any confidentiality obligation.

If you see User Materials that violate any of the above, you may report such User Materials to GlamGallery at admin@glamgallery.com .

Notification of Infringement

GlamGallery respects the intellectual property rights of others and we ask our users to do the same. If you believe that material or content posted on or accessible through the Website or the Services infringes your intellectual property rights, please submit a written notice to admin@glamgallery.com containing your contact information and the full details of such infringement, including, without limitation, identification of the material that is claimed to be infringing and information regarding the location of such material. GlamGallery may, in appropriate circumstances and in our discretion, remove or disable access to User Materials claimed to be infringing, suspend or terminate the access and use of the Website and the Services of users who infringe the intellectual property rights of others.

If you believe that we have removed or disabled access to certain of your User Materials which are not infringing, please submit a written notice to admin@glamgallery.com containing sufficient detail of the basis for your right to use or post such material.

Communications Through the Website

You may contact GlamGallery through this Website by visiting support . However, the Internet is not a fully secure medium and any communication you send to us may be lost, intercepted or altered. GlamGallery is not liable for any damages relating to or arising out of communications to or from this Website.

Payments

Once you have signed up for and maintain an Account, you may purchase packages of tokens from GlamGallery that you can use to unlock certain features of the Website, as set out in greater detail here . The number of tokens required to unlock and gain access to an artist's or model's portfolio on the Website is set by the artist or model in collaboration with GlamGallery and will be displayed on such artist's or model's profile page. Unlocking an artist's or model's portfolio will enable you to view thumbnail size photographs or images, including personal images, included by the artist or model in their portfolio. The number of tokens required to enlarge the photograph or image, to download the photograph or image to your personal device or to send a direct message to the artist or model is set by the artist or model in collaboration with GlamGallery and will be displayed on such artist's or model's profile page.

If you wish to purchase any Services or other items offered for sale on the Website, including any token packages, you must provide us with a valid Visa or MasterCard card number or valid PayPal account information. By submitting this information to us, you give GlamGallery permission to charge your order to the card or account that you designate.

Under no circumstances will we be responsible: (i) for any charges that your credit card issuer or PayPal may apply to you as a result of our processing your order; (ii) if your card issuer or PayPal refuses or fails to authorize payment by you; or (iii) for any delays or non-delivery of the Services or item that you endeavoured to purchase arising from any validation checks that may be carried out regarding your payment or identification.

If you submit Photographs to the Website, you will be paid fees for users' "liking" or "loving" your Photographs in accordance with the fee schedule in effect at that time, which is available at the FAQ . GlamGallery may change the fee schedule from time to time and at any time in our discretion by posting a notice of such change on the Website.

You will not be paid for Photographs that are removed by GlamGallery. If you have posted, uploaded, displayed or otherwise distributed User Materials that are removed by GlamGallery or that infringe the intellectual property rights of others, you will be liable to and will indemnify GlamGallery and its affiliates, directors, officers, employees, shareholders, partners, and agents for any damages arising from or relating to such User Materials, including, without limitation, any refund GlamGallery is required to provide to users who may have "liked", "loved" or otherwise paid to access User Materials which are removed or to which access is disabled by GlamGallery.

Disclaimer of Warranty

GLAMGALLERY DOES NOT REPRESENT OR WARRANT THAT ACCESS OR USE OF THIS WEBSITE, THE MATERIALS OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT NO COMPUTER VIRUSES OR OTHER DESTRUCTIVE PROGRAMS WILL BE TRANSMITTED FROM THE WEBSITE. GLAMGALLERY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY COMPUTER VIRUSES OR OTHER DESTRUCTIVE, HARMFUL OR DISRUPTIVE FILES OR PROGRAMS THAT MAY INFECT OR OTHERWISE IMPACT YOUR USE OF YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THIS WEBSITE OR THE SERVICES OR OTHER CONTENT FROM THIS WEBSITE.

THIS WEBSITE, THE MATERIALS AND THE SERVICES ARE PROVIDED "AS IS", "WITH ALL FAULTS", WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ACCURACY, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.

Limitation of liability

THE INFORMATION AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS. GLAMGALLERY DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION DISPLAYED ON THIS WEBSITE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE, THE MATERIALS AND THE SERVICES INCLUDING, WITHOUT LIMITATION, ANY OF THE INFORMATION CONTAINED THEREIN.

IN NO EVENT WILL GLAMGALLERY OR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY GENERAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEBSITE, THE MATERIALS AND THE SERVICES OR ANY PART THEREOF, EVEN IF GLAMGALLERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN ANY EVENT, GLAMGALLERY'S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR ARISING FROM YOUR USE OR EXPLOITATION OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, ANY OF THE MATERIALS AND THE SERVICES, WILL BE LIMITED TO FIVE ($5.00) CANADIAN DOLLARS.

Some jurisdictions do not allow the limitation or exclusion of liability for certain types of damages, so the above limitations or exclusions may not apply to you. In such jurisdictions, the above limitations or exclusions to liability are limited to the fullest extent allowed by law.

Indemnification

You agree to indemnify and hold harmless GlamGallery and any of its affiliates, directors, officers, employees, shareholders, partners and agents from and against any and all claims, losses, expenses, damages (including, but not limited to, general, incidental, direct, indirect, punitive, exemplary, consequential or other damages whatsoever) and costs (including reasonable legal fees and disbursements on a solicitor and his own client basis), resulting from or arising out of (i) your breach of these Terms of Use; (ii) your use or the use by any person using your Account of the Website and the Services, including any User Materials you post, upload, display or otherwise distribute on the Website; or (iii) any infringement by you or any person using your Account of the rights of a third party.

Disputes

Any controversy, dispute, claim, question or difference (a "Dispute") arising out of or relating to these Terms of Use, the Materials, this Website, the Services or the performance, enforcement, breach, termination or validity of the matters provided for in these Terms of Use, which cannot be resolved amicably will be finally settled (to the exclusion of the courts) by confidential, binding arbitration before a single arbitrator in Edmonton, Alberta and governed by the Arbitration Act (Alberta), as amended. Notwithstanding the foregoing, GlamGallery reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action or similar proceeding against GlamGallery relating to any dispute or disagreement and you also agree to opt out of any class or similar proceedings against GlamGallery.

Applicable law

This Website is controlled, operated and administered by GlamGallery from within the Province of Alberta, Canada. This Website can be accessed from all provinces and territories of Canada, as well as from other countries around the world. By accessing this Website, you acknowledge and agree that all matters relating to access to or use of this Website will be exclusively governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein (without reference to conflicts of laws principles).

General

GlamGallery's failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right.

If any provision or part of these Terms of Use is unlawful, void or wholly or partially unenforceable, that provision will be deemed severable from these Terms of Use and will not affect the validity or enforceability of any remaining provisions.