Terms | Gallerist

AIMS OF THE PLATFORM AND HOW IT WORKS

Gallerist is a platform which allows its Users, upon registration, to upload and download digital content, such as pictures, videos, illustrations and graphics, each accompanied by a brief description.

Namely, Users will be able to decide:

As "Selling Users" to transfer their own Content under license for use to other registered Users after downloading the Content by the "Buyer User"

as “User Buyers”, to buy the licensing agreement of the loaded Contents upon the payment of a price for a Subcription

All Users can have free access to the Content published on the Platform

Gallerist does not in any way own the Content sold or purchased through its Platform, nor does it transfer the relevant content ownership from seller to buyer. Gallerist performs no role and is not in any way involved in the trade between its Users.
Each User will be able, in particular, to upload their Content onto the Platform and organize it into Galleries, and will be able to publish it using the space provided by Gallerist. For each download of its Contents, the "Seller User" will be entitled to the amount of 1.00 Euro paid by the Platform. Thus, for example, for the download of a photo or a video by a Subscriber, Gallerist will pay the Contibutor the amount of 1.00 Euro.
Whenever a User, having created or uploaded their content, decides to sell its license of use , they will be given the option to choose between one of the following types of license:
a) License of use for commercial purposes: the content will be licensed exclusively/non-exclusively, for a limited/unlimited amount of time, worldwide; its use will be allowed for commercial as well as non- commercial purposes, and it will not be possible to create any derivative work.
b) License of use for commercial purposes and derivative work: the content will be licensed exclusively/non-exclusively, for a limited/unlimited amount of time, worldwide; its use will be allowed for commercial as well as non-commercial purposes, and it will be possible to create derivative work.
When creating content, the User will have the option to use geolocation to pinpoint the place where their photo has been shot.
Gallerist will provide all content uploaded to its Platform with a visible or invisible digital watermark, allowing to trace its author and identify the rights of use made available to Users.
Once the Content has been downloaded, User Buyers (the Subscriber) will have the possibility to freely dispose of the content subject to the transaction according to the terms of the user license relating to the content.
Users wishing to sell their content’s license of use will be able to obtain suggestions from the platform, which may be based on previously chosen and purchased Content. The results may vary for each single search. In order to improve Users’ purchasing experience, suggestions may be excluded from some search results, regardless of the display criteria chosen by the buyer.
Once a license purchase transaction is closed, User Buyers will have the option to leave User Sellers their feedback, by using the appropriate tool available on the Gallerist Platform.
Gallerist reserves the right to organize Contests aimed to its User subscribers, either independently or in collaboration with sponsors and partners. The execution of such contests and the awarding of the relevant prizes will be disciplined by ad-hoc regulations published on the Platform.

CONCLUSION OF THE AGREEMENT AND USER ACCOUNT

Access to the main Services provided by the Gallerist Platform is subject to the opening of a personal User account, by filling out the form made available by the Provider. Upon activation, the User will be asked to explicitly agree with the content of these General Terms and Conditions of Use, and to consent to the treatment of their own personal data, in accordance with the Privacy Policy Information. Once filled out and sent, the form constitutes a valid proposal by the User to the Provider for the activation of the account; the Provider reserves the right to accept the User proposal at its own discretion, by sending an email confirming the account’s activation to the address provided by the User.
The contact details provided by the User upon registration will constitute the main channel to give and receive messages from both the Platform and other Users. In this regard, in order to facilitate the provision of the service itself, it cannot be ruled out that the same contact details are made available to other Users.
Our Service is restricted to users over 18 years of age.
User accounts are strictly personal. The User will not be allowed to employ a third party’s account to use the Services provided by Gallerist, nor to give away to third parties the credentials chosen when activating their own account. In any case, a registered User will be held accountable for any activity performed through their account, which will be protected by a personal password chosen by the User themselves upon registration. Should they detect violations or any unauthorized use of their credentials and account, the User must notify the Provider immediately so that it may carry out the proper checks and adopt the necessary steps, including deactivating the account if necessary. Any communication may be sent to support@gallerist.biz , or by writing to APP TIME Soluzioni Digitali S.r.l., Via Groenlandia n. 5 - ZIP 00144 - Roma (Italy).
After registration, in order to upload their Content, the User must provide all information requested by the Platform.
Users wishing to use the Platform for commercial purposes will be obliged to comply with the applicable legislation on online sales.

USER OBLIGATIONS

sUpon accepting these General Conditions of Use, the User commits to:

a) refraining from any behavior, even through the upload and publishing of Contents, that may violate laws, regulations, and guidelines, as well as these General Terms and Conditions of Use, and from behaviors inciting to hate, violence and/or discrimination, or that may be regarded as vulgar, offensive or harmful to someone else’s honor and reputation, or that are contrary to public order and the accepted principles of morality.

b) refraining from any conduct that may cause harm to the Platform and its Services, and/or that may damage and/or limit its use by other Users.

c) not disabling, harming or in any way interfering with the protective measures established for the use of Services and Content provided by the Platform, made available by Gallerist or by other Users.

d) granting the Gallerist Platform a non-exclusive, free, worldwide, irrevocable license, for an unlimited amount of time, on all Content uploaded or published, so that the Platform may provide its Service correctly.

e) refraining from any commercial and/or promotional behavior, aimed to their own or someone else’s financial gain, outside of the Service provided by Platform.

f) refraining from any behavior, including the sale or publishing of Content, that may violate someone else’s rights, whether they be Users of the platform or not, including, but not limited to, intellectual or industrial ownership rights, name or image rights, and privacy data treatment rights.

g) not making unauthorized use of Content published by other Users, thus violating these General Terms and Conditions of Use.

h) paying for purchased Content, using the methods established by the Platform.

i) not publishing false, incorrect, misleading, defamatory or slandering comments or data.

j) not leaving false Feedback, aimed to destabilize the system established by the Platform.

k) not transferring their access credentials and their own Gallerist account to third parties.

l) refraining from publishing, even in the space allowed for Content description, any spam, chain or pyramid scheme messages.

m) not using other Users’ contact information for anything other than carrying out a specific transaction on the Gallerist platform, including, but not limited to advertisement, unless Users have given their explicit consent to receive such material.

n) not spreading viruses, or any other technology aimed to directly or indirectly disrupt the Platform, its Services or other Users.

o) refraining from using automatic tools of any kind to access the Platform Services, and not overloading the system in an unreasonable and disproportionate manner, thus affecting the provision of Services.

p) not copying, modifying or spreading the rights or content of the Platform, thus violating Gallerist’s intellectual property rights and trademarks.

q) not copying, reproducing, decompiling, modifying or creating works derived from the Gallerist Platform or the Content it publishes without prior authorization by Gallerist or other subjects.

r) not commercializing any application imitating or providing one or more Services that are identical to those offered by the Platform.

s) complying with the applicable laws and regulations pertaining to the sale and purchase of Content at an international level.

In case of violation of any one of the aforementioned points, the Proprietor reserves the rights to adopt, at its own discretion, any step regarded as appropriate, including both the immediate suspension and/or cancellation of a User account, and the removal of Content uploaded by the User on the Platform, in compliance with point 7.2
The Platform also reserves the right to delete any unconfirmed accounts or accounts that have been inactive for a long period of time.

FINANCIAL CONDITIONS

The creation of an account on the Gallerist platform is free of charge.
However, by choosing to license their Content and accepting these General Terms and Conditions of Use, User Sellers allow that the amount payed by the Platform of 1,00 Euro for each download will be deducted the amount for the transaction requested by the payment Platform PayPal or others that may be used.
The Provider reserves the right to modify the fees for the Services provided, allowing 14 days for communication before the new fees are applied. Users who do not accept the modified fees should close their account before this period.
Professional Users commit to issue any documents required by the applicable fiscal legislation; the money transfer carried out by Gallerist will constitute proof of payment.

MEMBERSHIP SUBSCRIPTION

By subscribing to a membership, Users will be allowed to download images uploaded by other Users. Membership is valid until the last download allowed by the subscription type is made, starting from the day of the subscription and when it expires it will be renewed automatically. For example, with a subscription of € 24.99 you can make 10 downloads. Users wishing to end their subscription will be able to ask for membership deactivation by selecting the “Membership” key found in the “Subscriptions” section.
Users may subscribe to different memberships, each related to a given number of downloads. Prices can be found on the appropriate list, published in the “Subscriptions” section, on the website, and from the middle button on the bottom bar of the APP Galleris.
The amount payed for the downloads will be periodically charged on the User’s PayPal account, upon request of the Contributor. The inclusion of a PayPal account is a prerequisite to receiving this payment.
Gallerist will issue the relevant invoice for the User who has subscribed to the subscription.

CONTENT USE

In order to facilitate a correct provision of Service, any Content made available to Users through the Platform, such as logos and trademarks, belongs exclusively to the Provider, that is to say it is licensed to the Provider by right holders; such Content should be therefore regarded as safeguarded by the current legislation on copyright and industrial property.
As the holder of a Gallerist account, any User will be able to create, upload and share Content with other Users (such as their own photos, videos, Galleries, illustrations and graphics), as well as the comments used to describe them. The User is aware that the uploading and sharing of Content will make it visible to other Users of the Platform, and that it will therefore not be regarded as confidential. They are also aware that, through the Services provided, content or material uploaded by themselves or by other Users will be made visible; The User understands that they may regard such content as inaccurate, offensive, indecent or unpleasant, and they hereby waive any legal action or remedy against the Provider.
The Proprietor will not in any way acquire the ownership of Content uploaded by the User.
The User, after subscribing, will be allowed to download Content and become its legitimate license holder.
By uploading Content to the Gallerist platform, the User declares and pledges:

a) to be the only owner of the uploaded Content and/or to hold the necessary licenses, rights and consent forms for the publication and diffusion of content, even involving third parties.

b) that the Content uploaded through the Platform does not violate ownership or personal rights of third parties, such as moral rights, image rights, honor, decency and/or reputation and/or confidentiality, copyrights, privacy data rights, nor does it have paedo-pornographic content or content inciting to hatred, violence or discrimination, or which may otherwise be against the law or public order.

c) that the uploaded Content is in line with the Service aims and does not pertain to the diffusion of advertising or proselytism materials; the spreading of viruses, malware or other files that may violate and/or harm the safety and integrity of computing systems and equipment used to employ the System.

The Provider reserves the right to block the availability of user-uploaded Content on the Platform or to delete it, even without prior notice, should it violate its Terms of Use. The User is aware that the publication of Content does not imply its approval or support by the Provider, neither does it free the User from their responsibility for the uploaded Content and for the license rights granted to the Proprietor.
The User will be the only one responsible for the Content uploaded on their account, and for any responsibilities and consequences derived from uploading and/or sharing it on the Platform.
The User grants other Platform Users the right to access, copy, see and use their Content within the limits allowed from each time by the Service functions, and always in compliance with the Terms of Use.
The User grants the Provider a free and irrevocable license to publish on social media and on its website the Content uploaded , with the aim to promote the Application. The Provider may choose at its own discretion the content to be published on its channels.
Should a User decide to upload their Content, they will be able to remove it at any time.
Once Content is removed, neither the Provider nor other Users will be able to visualize it through the Services; the User, however, is aware that any Content shared with other Users may have been copied and reproduced for purposes and in ways outside of the Provider’s control; the latter, therefore, will not be considered responsible for the use of the User’s Content by third parties before or after its removal from the Platform.

TERMINATION OF RELATIONSHIP, SUSPENSION OR CLOSING OF THE ACCOUNT

Should the Provider, at its own and exclusive discretion, ascertain that the registered User has violated one or more of the provisions outlined in these Terms of Use, it will have the option to immediately terminate the contractual relationship with the User by preventing further access to the services provided through the suspension or termination of the User's account, without prejudice to the right to compensation for damages.
The Proprietor may adopt the aforementioned measures without prior notice if:

the User has failed to fulfill the provisions stated in art 3.

the User has received such a high amount of negative feedback as to compromise their reliability.

the User has carried out actions that may lead to issues or legal responsibilities for Gallerist or for other Users.

Gallerist has reasonable grounds to suspect that the User is violating the rights of third parties, having received the kind of reports described in art 8.

Should the User decide to terminate their own account, they will receive the sum they earned from their content’s downloads.

NOTIFICATION OF VIOLATION OF THIRD PARTY RIGHTS, SUSPENSION OR REMOVAL OF CONTENT

Should the User or any third party find that their rights have been violated, for example (but not limited to) their intellectual or industrial property rights, the right to name and image, the right to the correct treatment of personal data, or an offence to public decency or to other people’s honor or reputation, they can report the abuse through the appropriate tool placed by the proprietor next to the content, or by reporting the violation in an email to support@gallerist.biz In this case, having been notified about abuse concerning the Content uploaded by a User, the Proprietor may, at its own discretion, take steps to immediately suspend the content uploaded on the Platform by the User.
To support their claim of violation, the User must provide, at the Provider’s request, the following basic information:

a) a description of the flagged works and/or material, including the necessary information to help the Proprietor identify it.

b) a description of the rights that are assumed to be violated, including documents that prove the actual ownership of such rights.

The Proprietor may forward the received communication to the User concerned by the report. They will then have ten days to reply with their own observations to the email address indicated at point 1.
If the report does not appear to be manifestly unfounded, the Proprietor reserves the right, as a precautionary measure, to suspend the flagged content even before receiving the other User’s reply, until the dispute is resolved.
If a reply is not sent or is deemed insufficient, the Proprietor will have the right to remove the Content and possibly act to claim damages.

DISPUTES IN TRANSACTIONS BETWEEN USERS

Transactions agreed upon by Users on the Platform are carried out, managed and regulated exclusively between them. The Provider will not be responsible for any receivables or requests made by Users against other users of the Platform.
Should any dispute arise in the course of a transaction between Users, Gallerist - following a report by the User - may take any measures it deems appropriate, including the suspension of payment of the amount to the seller.

WARRANTIES AND INDEMNITIES

The User accepts that the Provider and its employees are not liable and will be indemnified from any damage claims, including legal fees, promoted by third parties for any damage, loss or responsibility that may derive from an improper use of the Gallerist Services or from the violation of any law or provision of these General Terms and Conditions of Use, rights of third parties, and in particular:
a) from false statements made by the User at the time of registration or upon accepting these Terms of Use.
b) from error or negligence of the User-uploaded Contents, even if it should affect the rights of third parties or other Users.
c) from the upload or access to Contents and use of Services.
d) from the unauthorized use of accounts and credentials
e) from the violation on the User’s part of one of the provisions of these Terms of Use
f) from the violation of intellectual or industrial property rights of third parties or of other Users
g) from the publication of defamatory and offensive or illegal content
Gallerist seeks to keep its Services secure and well-running, but cannot guarantee the continuous functioning or access to its Services. Offers, updates, and other notification features in the Gallerist services may not work in real time because they often depend on delays beyond the control of Gallerist.
The Proprietor will not be in any case held responsible for damages that may arise:
a) from the interruption or termination of the Service transmission.
b) from the presence of platform bugs, viruses or malware.
c) from consequences, whether they be losses or lost earnings, connected to the suspension and/or closure of the account or suspension and/or removal of content and/or to the use or inability to use the Services on the User’s part and from price information.

SERVICE MODIFICATIONS AND GENERAL CONDITIONS OF USE

The Provider will be free at any time to change the contents and functionality of its Services, as well as to permanently discontinue their delivery without the User being able to advance any claim against Gallerist.
The Provider also reserves the right to suspend the provision of the Services in order to carry out maintenance/updating operations; in such cases the User will be notified in advance of the scheduled interventions.
The Proprietor reserves the right to modify the General Conditions of Use of the Platform by communicating the changes to the email address provided by the User with at least 15 days' notice. Failure to withdraw before the end of the notice period implies an acceptance of the new Terms of Use.
It is understood between all Parties that the aforementioned changes will have no effect on already-expired relationships.

RELATIONSHIP TERMINATION AND DURATION.

The relationship between Provider and User is understood to last for an unlimited period, subject to termination in accordance with the following provisions and without prejudice to any transaction in progress.
The User will have the right to request the deactivation of the Service at any time by sending an email to support@gallerist.biz with the subject "delete account" and specification of their account in the text of the mail.
The User Buyer will have the right to request the deactivation of the Service at any time by sending an email as indicated in point (12.2). Deactivation of Service will result in the immediate closure of their account and, from that moment, the User will be prevented from accessing the contents of their account, which will be immediately removed. It is therefore best to download any purchased content before requesting the Service deactivation.
The User Seller will be entitled to deactivate the Service at any time by sending an email as indicated in point (12.2). The request to deactivate the service will result in the immediate closure of the account and the removal of any content present in the User profile, except the transactions for which payment has already been received.

HYPERTEXTUAL CONNECTIONS.

The Platform may contain hypertext links to websites, resources and services provided independently by third parties on which the Provider does not exercise nor is required to exercise any control, be it preventive or subsequent, and to which these terms of use and the Supplier's Privacy Policy do not apply; the provider denies any liability for possible damages deriving from the functioning, visualization and/or use of such websites, resources or services.
The content to which the hypertext links are connected is in no way sponsored, shared and/or supported by the Provider, unless it is otherwise evident from the context.

APPLICABLE LAW AND COMPETENT COURT.

These Terms of Use are regulated and must be interpreted in accordance with Italian law, without prejudice to the application of the mandatory provisions for the protection of consumers established by the national legislation of the European Union in which the user habitually resides.
The User accepts the jurisdiction of the Court of Rome, without prejudice to their right to act in their capacity as a consumer before the Court of the place where they reside.

PRIVACY POLICY.

In compliance with the provisions of EU Regulation 2016/679, all data collected by the Proprietor as part of the provision of the Services will be processed for the purposes and with the tools described in the Privacy Policy Information made available at this Privacy Policy address, which the User declares to have read and agreed with at the time of registration and acceptance of these General Terms and Conditions of Use.

MISCELLANEOUS.

Gallerist and its Users act in complete autonomy and independence. This Agreement does not create between them any relationship of collaboration, agency, association, intermediation or subordinate employment. The agreement between the Parties is not meant to establish a relationship of joint venture, agency, representation or association, nor is the User authorized to act in the name and/or on behalf of the Proprietor by virtue of this agreement.
Given the strictly personal nature of the User's account, the latter is expressly forbidden to transfer its contract or the deriving rights and obligations to third parties.
This document and the documents it refers constitute the entire agreement between the Proprietor and the User, surpassing any previous agreement, be it verbal or written.
Any tolerance to the violation of one or more clauses contained in the terms of use can never be considered as a tacit renunciation of the rights deriving from the violated provisions. Gallerist does not guarantee it will always exercise its rights and take action against everyone.
Should a clause of these General Terms and Conditions of Use appear to be void or ineffective, its invalidity or ineffectiveness will not extend to the remaining contractual clauses.

GALLERIST - GENERAL TERMS AND CONDITIONS OF USE