Last modified: 18 April 2016
The web pages available at www.SwiftGalleries.com and all linked pages (“Websites”) are owned and operated by Swift Galleries, LLC (“SGL”) a
Swift Galleries, LLC assumes no responsibility for the material contained on this website and disclaims all liability arising from negligence or otherwise in respect to the material or arising from a user’s use of or inability to use the Websites, to the full extent permissible by law. If you are dissatisfied with the Websites your sole remedy is to discontinue use.
SGL may terminate or suspend any and all Services and/or your SGL account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services, as defined below, will immediately cease. If you wish to terminate your SGL account, you may simply discontinue using the Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
It is your responsibility to remove all Content from your account prior to termination. Upon termination of your account SGL will automatically remove all Content posted to your account.
SGL Websites comprise an online community that enables photographers and graphic artists to do or potentially do the following: post photographs and images,
share comments, opinions and ideas, promote and sell their work, participate in contests and promotions, and access and/or purchase services from time to
time made available on the Websites (“Services”).
Services include, but are not limited to, any service and/or content SGL makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Websites or through the Services. Content (“Content”) includes, but is not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, and software.
You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your SGL account.
The Services are for use by individuals and entities that are photographers, graphic artists or otherwise have rights to publish and sell photographs or graphics or cause such to be sold.
All Content posted or otherwise submitted to the Websites is the sole responsibility of the account holder from which such Content originates and you
acknowledge and agree that you, and not SGL, are entirely responsible for all Content that you post, or otherwise submit to the Websites. SGL does not
control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the
Websites you may be exposed to Content that is offensive, indecent or objectionable.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by SGL. By way of example, and not as a limitation, you agree not to use the Services:
To report a suspected abuse of the Websites or a breach of the Terms please send written notice to SGL at email: firstname.lastname@example.org.
You are solely responsible for your interactions with other users of the Websites. SGL reserves the right, but has no obligation, to monitor disputes between you and other users.
SGL respects the intellectual property rights of others. It is our policy to respond promptly to any claim that Content posted on the Websites infringes the copyright or other intellectual property infringement (“Infringement”) of any person. SGL will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where we believe an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Websites.
To notify SGL of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care of email@example.com and include in your notice a detailed description of the alleged Infringement sufficient to enable SGL to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Content. If you feel that your Content is not infringing, you may provide SGL with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at firstname.lastname@example.org. You must include in your counter notice sufficient information to enable SGL to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys' fees) if you materially misrepresent that your Content is not infringing the copyrights of others.
If you are uncertain whether an activity constitutes Infringement, we recommended seeking advice of an attorney.
Please read this section carefully before posting, uploading, or otherwise submitting any Content to the Websites. By submitting content to the Websites you are granting
SGL a worldwide, non-exclusive license to use the content and are representing and warranting to SGL that the content is owned or duly licensed by you and that SGL is free
to publish, distribute and use the content as hereinafter provided for without obtaining permission or license from any third party.
In consideration of SGL’s agreement to allow you to post Content to the Site and SGL’s agreement to publish such Content and for other valuable consideration the receipt and sufficiency of which are hereby expressly and irrevocably acknowledged, you agree with SGL as follows:
You acknowledge that:
You represent and warrant that:
You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against SGL, all of which such rights are hereby expressly and irrevocably waived by you in favor of SGL, except as expressly herein provided.
The means for customers to purchase image prints (“the Store”) is a Service provided by SGL that allows users to post photos and images for sale to the public. Photos and images are sold by SGL pursuant to the license granted to SGL below. To use the Store you must be at least 18 years of age and have a valid SGL account. By uploading any photos or images to the Store (collectively your “Store Images”) you make the following additional representations and warranties to SGL:
SGL will use your Store Images for the purpose licensing your Store Images to customers of the Store (“Customers”) in such formats as we may, from time to time make available
to Customers, including without limiting the generality of the foregoing, via print. In connection with the foregoing, in addition to the licenses you grant to SGL elsewhere
in these Terms, you grant to SGL a non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, publish, copy, publicly perform, publicly
display, reformat, translate, excerpt (in whole or in part) and distribute copies of your Store Images (the “Store License”).
The Store License includes the right for SGL to use screen resolution images and thumbnails of your Store Images for display and promotional purposes on the SGL Websites, the Store, third party sites, and in connection with internet search results, and embeddable codes.
At any time you can remove your Store Images from the Store automatically using the Store settings. In addition, SGL may remove any Store Images that it believes to be in breach of the Terms. In all cases copies of your Store Images posted on any third party sites and used for promotional purposes shall be removed within a reasonable period of time following your removal request, however submitted. Except as otherwise provided for herein, a Store License will exist for the period during which a Store Image is posted on the Store and will automatically terminate upon the removal of the Store Image from the Store.
Notwithstanding the foregoing, the Store License will continue in respect of any Store Images which were purchased by Customers prior to their removal of the Store until fulfillment of such purchase requests. Subject to the licenses granted to SGL in these Terms you retain ownership of your Store Images.
You may terminate your Store account at any time in your sole discretion. SGL may terminate your store account at any time for any reason. All Store Images remaining in your Store account will be removed by SGL upon termination of your store account.
If you choose, you will arrange for payments (“Payments”) for the sale of Store Images to be paid to you through Stripe, which interfaces with
www.SwiftGalleries.com and processes transactions through its external payment
gateway. You will set your own prices (“Prices”) for available image print sizes, which will be inclusive of the Payment you receive for each image sale.
SGL reserves the right to change the Fee schedule from time to time and at any time at its sole discretion. You shall be responsible for reviewing any such
changes. Your continued use of the Store, including the continued posting of your Store Images in the Store after a change in fees will signify your
acceptance of the revised fee schedule.
If you choose to collect payments manually, you are solely responsible for contacting your client and arranging payment from your client. SGL cannot be held liable for payments not received if your account is set to collect payments manually.
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because SGL has no control over such sites and resources, you
acknowledge and agree that SGL 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 SGL 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.
You hereby expressly and irrevocably release and forever discharge SGL, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Websites and the Services.
You hereby agree to indemnify and hold harmless SGL, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Site, (iii) the use of the Services, by you or any person using your account or SGL Username and password, (iv) the sale or use of your Store Images, or (v) any violation of any rights of a third party.
In no event shall SGL be liable under contract, tort, strict liability, negligence or other legal theory with respect to the Websites, the service or any content (i) for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, (ii) to provide substitute goods or services (however arising), or (iii) for any direct damages in excess of (in the aggregate) $50.
SGL AND ITS DIRECTORS AND AFFILIATES WILL NOT BE LIABLE (WHETHER IN AN ACTION IN NEGLIGENCE, CONTRACT OR TORT OR BASED ON A WARRANTY OR OTHERWISE), IN ANY EVENT, FOR ANY LOSS, DAMAGE, EXPENSE, LOSS OF PROFITS, REVENUE, OR LOSS, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF SGL OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN CONNECTION WITH (I) YOUR RELIANCE ON OR USE OR INABILITY TO USE THE CONTENT AND INFORMATION OF THE WEBSITES OR ANY LINKED WEBSITE, (II) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR SYSTEM FAILURE OF THE WEBSITES OR ANY LINKED WEBSITE, (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE; OR (VI) ANY OTHER MATTER RELATING TO OUR WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
SGL IS NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY HARMFUL MATERIAL COLLECTED THROUGH YOUR USE OF THE WEBSITE, LINKS, OR DOWNLOADS. USE OF THE WEBSITES IS AT YOUR OWN RISK. CONTENT AND SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES ARE PROVIDED ‘AS IS’, WITHOUT ANY WARRANTIES, EITHER EXPRESS OR IMPLIED.
SGL, www.SwiftGalleries.com and other SGL graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of SGL. SGL’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of SGL. The images and icons available in the SGL icon pack may used by partners and third party sites in connection with providing appropriate links to the SGL Site.
All matters relating to the Websites are governed by Colorado Law and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the laws of the State of Colorado. Any questions or concerns regarding the use or disclosure of personal information should be directed to the SGL Office at the postal or email address given below. SGL will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information in accordance with the principles contained in this Policy. For complaints that cannot be resolved between SGL and the complainant, SGL has agreed to participate in the dispute resolution procedures of the Data Protection Laws.
Questions or comments should be submitted to Swift Galleries, LLC at:
Swift Galleries, LLC (limited liability)
P.O. Box 88237
Colorado Springs, CO