Swift Galleries Terms of Service

Last modified: 19 July 2017

Introduction

The web pages available at www.SwiftGalleries.com and all linked pages (“Websites”) are owned and operated by Swift Galleries, LLC (“SGL”) a Colorado Limited Liability Company and is accessed by you under the Terms of Use described below (“Terms”).

Please read these terms carefully before using our services. By accessing the Websites, viewing any content or using any services available on the Websites (as each is defined below) you are agreeing to be bound by these terms, which together with our Privacy Policy, governs our relationship with you in relation to the Websites. If you disagree with any part of the terms then you may not access the Websites.

User may only use services offered by SGL within these Terms of Use and in accordance with the rules and regulations of any applicable laws, including laws concerning import and export of software and data in the United States, European Union and other countries. The information and data available on the SGL Websites are only for transactional purposes. SGL does not own the photographic content posted and offered for sale on the SGL Websites. The services provided by SGL are intended exclusively for persons of legal age.

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 reserves the right to revise and update the Terms of Use at its sole discretion. All changes are effective immediately when posted. SGL reserves the right to withdraw or amend the website and any service or material provided on it, in its sole discretion without notice. SGL will not be liable if for any reason all or part of the Website is unavailable at any time or for any period. SGL may, at any time, change its user interface, prices and product availability without prior notice.

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.

Access and User Accounts

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.

As a condition to using Services, you are required to open an account with SGL and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your SGL account. Accounts registered by "bots" or other automated methods are not permitted under any circumstances. You may never use another's login account without permission, and may not permit anyone else to use your login account. You agree that all information provided is governed under SGL’s Privacy Policy, and you consent to all actions taken with respect to your information consistent with the Privacy Policy.

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.

User Conduct

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 abuse, harass, threaten, impersonate or intimidate any person;
  • To post or transmit, or cause to be posted or transmitted, any Content that is libellous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
  • For any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where you use the Services;
  • 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 SGL user;
  • To create or transmit unwanted ‘spam’ to any person or any URL;
  • To post copyrighted Content which doesn’t belong to you;
  • With the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Websites 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 Websites or any activities conducted on the Websites; or (iii) bypass any measures we may use to prevent or restrict access to the Websites;
  • To advertise to, or solicit, any user to buy or sell any products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
  • To promote or sell Content of another person; and
  • To sell or otherwise transfer your profile.

To report a suspected abuse of the Websites or a breach of the Terms please send written notice to SGL at email: hello@swiftgalleries.com. 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 hello@swiftgalleries.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 hello@swiftgalleries.com. 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.

Treatment of Content Made Available on the Websites

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:

  • By uploading your photographic or graphic works to SGL, you retain full rights to those works that you had prior to uploading;
  • By posting Content to the Websites you hereby grant to SGL a non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content in connection with the Services. This license will exist for the period during which the Content is posted on the Websites and will automatically terminate upon the removal of the Content from the Websites;
  • SGL waives any right to distribute and redistribute your Content fully or partially for promotional reasons and to distribute and redistribute your Content to other parties, web-sites, applications, and other entities, provided such Content is attributed to you in accordance with the credits (i.e. username, profile picture, photo title, descriptions, tags, and other accompanying information) if any and as appropriate, all as submitted to SGL by you, unless SGL receives prior written approval from you;
  • SGL uses industry recognized software and measures to restrict the ability of users and visitors to the Site to make high-resolution copies of Content posted on the Websites. Notwithstanding this, SGL makes no representation and warranty that Content posted on the Websites will not be unlawfully copied without your consent. The Websites does not restrict the ability of users and visitors to the Websites to make low-resolution or ‘thumbnail’ copies of Content posted on the Site and you hereby expressly authorize SGL to permit users and visitors to the Websites to make such low-resolution copies of your Content; and
  • Subject to the terms of the foregoing license, you retain full ownership or other rights in your Content and any intellectual property rights or other proprietary rights associated with your Content.

You represent and warrant that:

  • You are the owner of all rights, including all copyrights in and to all Content you submit to the Websites;
  • You have the full and complete right to enter into this agreement and to grant to SGL the rights in the Content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by SGL of the Content as contemplated herein; and
  • The Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order.

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.

Use of the SGL Store

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:

  • You can lawfully enter into contracts under applicable law and you are at least 18 years old; and
  • You have obtained and have copies of model releases from all subjects depicted in your Store Images, and such persons voluntarily consented to publication and/or dissemination of their likeness for all legal purposes. Upon our request you will provide a copy of the model release from any subject depicted in your Store Images 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.

Payment of Fees upon Sale of Store Images

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.

Subscriptions, Refunds and Pricing

SGL is not obligated to provide a notice of upcoming subscription renewals prior to the actual renewal. Please refer to the "Your Subscription" screen for information about your renewal date. You will receive a payment confirmation after your subscription is renewed.

If you wish to cancel your subscription with SGL, you may do so in your online account in the "Your Subscription" screen. Cancellations are effective for the following billing cycle. You will continue to have the same access and services by SGL for the remainder of the current billing period.

SGL will issue a refund for a yearly subscription if the request is made within fourteen (14) days of purchase or subscription renewal. SGL does not issue refunds for monthly subscriptions. Refunds are issued via Stripe and will be applied to the credit or debit card that you used.

SGL reserves the right to change its subscription pricing options at any time. However, SGL will not change the price for current subscriptions that are in good standing. Should you choose to subscribe after a cancellation has taken effect, you will have access to the most current pricing. It is your responsibility to maintain a subscription in good standing to keep your current rate.

Indemnification and Release of Liability

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’s Trademark Rights

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.

Dispute Resolution & Governing Law

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.

Waiver and Severability

No waiver of SGL of any term or condition set forth in the Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. If a court or other tribunal of competent jurisdiction deems any provision of the Terms to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue full force and effect.

Contact Information

Questions or comments should be submitted to Swift Galleries, LLC at:

Swift Galleries, LLC (limited liability)
P.O. Box 88237
Colorado Springs, CO
80900