TERMS AND CONDITIONS OF USE
This Internet website is provided by GalaNotes, Inc. (herein referred to as “we,” “us,” or “GalaNotes”). Before using the GalaNotes website or setting up your account with GalaNotes, please read the following Terms and Conditions of Use (“Terms”) carefully.
Acceptance of Terms
These Terms govern your access to and use of the website and services owned and/or operated by GalaNotes (collectively, the “Service”). Your access to and use of the Service are expressly conditioned on your acceptance of and compliance with these Terms. Your use of the Service constitutes your agreement to be bound to the following Terms, as well as the Terms of our partners. If you do not agree to these Terms, you may not use the Service. Note that any violation of these Terms may result in termination of your ability to access and use the Service. Please be aware that GalaNotes may revise these Terms from time to time by updating this posting. We reserve the right at any time to change all or any part of these Terms; change the Service, including by eliminating or discontinuing any content on or feature of the Service; and change any fees or charges for use of the Service. Such revised Terms will take effect as of the date of posting. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Description of GalaNotes’ Service
GalaNotes provides users with access to a collection of content and resources. You also understand and agree that the Service may include advertisements and that these advertisements are part of the Service. You also understand and agree that the Service may include certain communications from GalaNotes, such as service announcements, and administrative messages, and that these communications are considered part of GalaNotes membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new GalaNotes properties, shall be subject to the Terms herein.
Use of Materials on this Website
GalaNotes maintains this website for your personal entertainment, information, education, and communication. You should assume that everything you see or read on the website (such as images, photographs, illustrations, texts and other materials) (“Content”) is the property of GalaNotes and its licensors and partners. Without GalaNotes’ prior written permission, you may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of our Content in any way for any purpose, including using our Content on any other website or in a networked computer environment. However, you may electronically copy or print pages from this website for personal, non-commercial use, provided that you includea copyright notice on each
Your Registration Obligations
In consideration of your use of the GalaNotes Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Service under the laws of the United States or other applicable jurisdiction. You also agree to:
(a) provide true, accurate, current and complete information about yourself as prompted by the Service registration form (the “Registration Data”) and
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or GalaNotes has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GalaNotes has the right to suspend or terminate your account and refuse any and all current or future use of the GalaNotes Service (or any portion thereof).
GalaNotes likes to hear from you. Any creative or original materials or any other creative suggestions, text, software, music, sound, photographs, graphics, videos, messages, ideas, notes, drawings, concepts, marketing plans or other information that you submit to us by electronic mail or otherwise, will be treated in accordance with these Terms.
By submitting and/or posting Content to the website, you automatically grant to GalaNotes a royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, edit, translate, distribute, perform, create derivative work of and display such Content alone, or as a part of other works in any form, media, or technology, whether now known or hereafter developed. Any Content you transmit or post may be used by GalaNotes or licensed to others by GalaNotes for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting.
As a user, you are responsible for your own Content and are responsible for the consequences of your posting such Content.
You agree to not use the GalaNotes Service to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, sexually-explicit, libelous, invasive of another’s privacy or publicity rights, embarrassing to another user or to any other person or entity, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a GalaNotes official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the GalaNotes Service;
e. “frame” or “mirror” any portion of the Service, or link to any page of or material on the Service other than the URL located at http://www.galanotes.com/ or the URLs provided by us to you for such purposes as part of the Service, without our prior written authorization;
f. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
g. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
h. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
i. access the website to obtain a list of users of the website;
j. access or use any secure or non-public areas of the website without authorization;
k. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
l. restrict or inhibit any other user from using the Service, including, without limitation, by means of “hacking” or defacing any portion of the Service;
m. express or imply that any statements you make are endorsed by us, without our prior written consent;
n. attempt to upload images by any method to another user’s account without permission;
access or use (or attempt to access or use) another user’s content without permission;
modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Service;
q. use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Service;
r. harvest or collect information about or from users of the Service without their express consent and, if such consent is provided, only pursuant to applicable law.
s. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the GalaNotes Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
t. interfere with or disrupt the GalaNotes Service or servers or networks connected to the GalaNotes Service, or disobey any requirements, procedures, policies or regulations of networks connected to the GalaNotes Service, including using any device, software or routine to bypass our robot exclusion headers;
u. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
v. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
w. “stalk” or otherwise harass another; and/or
x. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through w above.
GalaNotes does not represent or guarantee the truthfulness, accuracy, or reliability of any Content posted by other users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk. GalaNotes does not screen communications in advance and is not responsible for screening or monitoring material posted by users. If GalaNotes becomes aware of any communication that allegedly does not conform to these Terms, GalaNotes may investigate the communication and determine in good faith in its sole discretion whether to remove or request the removal of the communication. GalaNotes has no liability or responsibility to you for performance or nonperformance of such activities. GalaNotes reserves the right to remove Content, expel users and prevent their further access to the website for violating these Terms or the law.
You acknowledge, consent and agree that GalaNotes may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
(i) comply with legal process;
(ii) enforce the Terms;
(iii) respond to claims that any Content violates the rights of third parties;
(iv) respond to your requests for customer service; or
(v) protect the rights, property or personal safety of GalaNotes, its users and the public.
Your use of this website is at your risk. GalaNotes does not warrant or represent that our Content is accurate, error-free, truthful or reliable or that your use of such material will not infringe rights of third parties. GalaNotes does not warrant that the functional aspects of the website will be error free or that this website or the server that makes it available are free of viruses or other harmful components. GalaNotes reserves the right to correct any errors on this website, including pricing errors (in which case you will be given the option to cancel your order). If your use of this website or our Content results in the need for servicing or replacing property, material, equipment or data, GalaNotes is not responsible for those costs. Without limiting the foregoing, everything on our website is provided to you “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. GALANOTES MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL CONTAINED ON THIS WEBSITE, OR ABOUT ITS SOFTWARE, TEXT, GRAPHICS, AND LINKS, OR RESULTS TO BE OBTAINED FROM 5 USING THE WEBSITE. GalaNotes does not make any representation about the quality of any product, services, information or other material purchased or obtained by you via use of this website. Please note that some jurisdictions may not allow the exclusion of implied warranties. As a result, some of the above exclusions may not apply to you.
Limitation of Liability
NEITHER GALANOTES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEBSITE SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THIS WEBSITE AND OUR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GALANOTES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Please note that some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages. As a result, some of the above exclusions may not apply to you.
You may terminate your GalaNotes account, any associated email address and access to the GalaNotes Service by submitting such termination request to GalaNotes. You agree that GalaNotes may, without prior notice, immediately terminate, limit your access to or suspend your GalaNotes account, any associated email address, and access to the GalaNotes Service. Cause for such termination, limitation of access or suspension shall include, but not be limited to,
(a) breaches or violations of the Terms or other incorporated agreements or guidelines,
(b)requests by law enforcement or other government agencies,
(c) discontinuance or material modification to the GalaNotes Service (or any part thereof),
(d) unexpected technical or security issues or problems,
(e) extended periods of inactivity,
(f) engagement by you in fraudulent or illegal activities, and/or
(g) nonpayment of any fees owed by you in connection with the GalaNotes Service. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in GalaNotes’s sole discretion and that GalaNotes shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the GalaNotes Service. 6 Termination of your GalaNotes account includes any or all of the following:
(a) removal of access to all or part of the offerings within the GalaNotes Service,
(b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and
(c) barring of further use of all or part of the GalaNotes Service. The provisions entitled “Use of Materials on this Website,” “Your Submissions,” “Disclaimer,” “Limitation of Liability,” “General Provisions,” “Indemnity,” “Trademarks,” and “Copyright” will survive termination of this Agreement to use our website.
General Provisions Entire Agreement.The Terms constitute the entire agreement between you and GalaNotes and governs your use of the GalaNotes Service, superseding any prior version of these Terms between you and GalaNotes with respect to the GalaNotes Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other GalaNotes services, affiliate services, third-party content or third-party software.
Choice of Law and Forum You and GalaNotes each agree that the Terms and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the Terms, or the relationship between you and GalaNotes, shall be brought exclusively in the courts located in the county of Contra Costa, California or the U.S. District Court for the Northern District of California. You and GalaNotes agree to submit to the personal jurisdiction of the courts located within the county of Contra Costa, California or the Northern District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms.The failure of GalaNotes to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
No Right of Survivorship and Non-Transferability.You agree that your GalaNotes account is non-transferable and any rights to your GalaNotes ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the GalaNotes Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. No Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in the Terms, there shall be no third-party beneficiaries to this agreement.
You agree to defend, indemnify, and hold harmless GalaNotes, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising from your use of this website or our Content or your breach of these Terms. GalaNotes shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on this website are registered and unregistered trademarks of GalaNotes and others. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this website without the written permission of GalaNotes or such third party that may own the Trademarks displayed on this website. Your misuse of the Trademarks displayed on this website, or any other Content on this website, except as provided herein, is strictly prohibited.
All Content included on this website, such as text, graphics, logos, button icons, images, audio clips and software, is the property of GalaNotes or its Content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content on this website is the exclusive property of GalaNotes and protected by U.S. and international copyright laws. All software used on this website is the property of GalaNotes or its software suppliers and protected by U.S. and international copyright laws. The reproduction, modification, distribution, transmission, republication, display or performance, of the Content on this website is strictly prohibited.
GalaNotes respects the intellectual property rights of others. Accordingly, GalaNotes has a policy of terminating in appropriate circumstances the account of any GalaNotes user who repeatedly posts infringing material on the GalaNotes site.
Digital Millenium Copyright Act Compliance Pursuant to Title 17 of the United States Code, Section 512, as amended by Title II of the Digital Millennium Copyright Act (the “Act”), GalaNotes has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with the Act. If you believe your copyright is being infringed by a GalaNotes user, please fax or mail the information listed below to the following GalaNotes agent for notice of claims of
copyright infringement:[ PO Box 982 Orinda CA 94563 – 925 258 9382]
You should provide:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
iv. Information reasonably sufficient to permit us to contact you such as an address, telephone number, and if available, an electronic mail address at which you may be contacted.
v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please provide GalaNotes with a separate notice each time you wish to report alleged acts of infringement.
You may receive a password in connection with your use of this website. You will be responsible to maintain the confidentiality of your password and account, and will be solely responsible for all activities that occur under your password and account.
Please report any violations of these Terms to GalaNotes@Galanotes.com.
If you have any questions or comments regarding these Terms, please contact: 925 258 9382 Last updated February, 2012