Gallerium App Terms and Conditions
Gallerium App Terms and Conditions (”Terms”)
Please read these Terms and Conditions (”Terms”) carefully before using the Gallerium application (hereinafter “Gallerium App”) operated by ViWoKids.
By accessing or using the Gallerium App you agree to be bound by these Terms. Your access to and use of the Gallerium App is conditioned on your acceptance of and compliance with these Terms and Terms of Service and End User License Agreement (“EULA”).
These Terms apply to all users, visitors and others who access or use the Gallerium App.
Who May Use the Gallerium App
The Gallerium App is available for individual children, school classes, entire schools or museums.
Individual license is agreed by the person or entity who purchases the Gallerium App. Age appropriate reminders of correct use of Gallerium App appear before the application can be downloaded. In case you are under the age of 13 you are not permitted to purchase or use the Gallerium App without an adult’s permission.
Children under 13 years of age must seek an adult’s permission before downloading and using the Gallerium App. ViWoKids reserves the right to request proof of age of users as well as an adult’s permission.
The group licence for a class, school or museum is purchased by the person who represents the class, school or museum.
Guidelines to use the Gallerium App
Via the Gallerium App, you act as art curator of an art gallery and photograph and download art of your choice, then further comment, discuss and share your photos.
Sharing an art image via Gallerium App is only allowed when a museum has approved it and in strict compliance with the rules of the museum or the owner of the work of art. You are bound by the rules of each museum with no exceptions. It must be noted that said rules may prohibit flash photographing.
When you select and display art in Gallerium App you undertake to respect the work of art and rights of the artist related thereto. ViwoKids is not in any way responsible for any misuse of the Gallerium App or for the manner in which works of art have been presented.
You are aware that the chosen Gallerium App license type limits the sharing of the art images and you agree to obey the licence rules applicable to the chosen Gallerium App licence type.
You understand and agree that the art images photographed for Gallerium App are for private non-commercial use only and shared for educational purpose of continued discussion. Sharing art images in social media is not allowed. Art images shall only be shared via Gallerium App. You understand and agree that you are solely responsible for your use of the Gallerium App and the art images you have photographed.
You agree not to do any of the following:
- Use or permit the Gallerium App to be used under a personal license on more than one mobile device at a time;
- Distribute the Gallerium App to multiple mobile devices;
- Commercially exploit the Gallerium App by distributing, leasing, licensing, selling, renting or otherwise transferring or assigning the Gallerium App, any copies thereof, or any passwords or usernames of the Gallerium App;
- Use the Gallerium App for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Gallerium App;
- Use, display, mirror or frame any individual element within the Gallerium App, including name, trademark, logo or other proprietary information, or the layout and design of the Gallerium App;
- Access, tamper with or use non-public areas of the Gallerium App, ViWoKids’ computer system or the technical delivery systems of the application providers;
- Breach, avoid, bypass, remove, deactivate, impair or otherwise circumvent any technological measure implemented to protect the Gallerium App (eg. authentication measures);
- Use the Gallerium App for any commercial purpose or the benefit of any third party or in any manner not permitted by this EULA;
- Attempt to decompile, disassemble or reverse engineer any of the software used to provide the Gallerium App;
- Interfere with the access of any other user by sending a virus, overloading, flooding or spamming the Gallerium App;
- Impersonate or misrepresent your affiliation with any person or entity;
- Collect or store any personally identifiable information from the Gallerium App from other users and
- Violate any applicable law or regulation or encourage or enable any other individual to violate any applicable law or regulation or any of the restrictions stated hereinabove.
Although ViVoKids is not obligated to monitor access to or use of the Gallerium App or to review or edit uploaded or shared art images, ViWoKids has the right to do so for the purpose of operating the Gallerium App, to ensure compliance with these Terms or to comply with applicable law or other legal requirements. Therefore ViWoKids reserves the right to remove or disable access to the Gallerium App, at any time and without notice, if ViWoKids eg. considers any downloaded or shared art image to be objectionable or in violation of these Terms. Furthermore, ViWoKids respectively reserves the right to remove individual art images downloaded to the Gallerium App.
Changes and Updates
ViWoKids may modify and add the functionalities of the Gallerium App or remove some of them without the need to inform you of this in advance or to offer you any compensation. You can stop using the Gallerium App when you choose, without any right to receive a refund.
It shall be noted that the issued updates to the Gallerium App must be installed in order to continue using the Gallerium App. You consent to receive and install those updates and/or changes if you wish to continue using the Gallerium App.
Suspensions and Cancellations
ViWoKids may at any time, without the need to give a reason, notice or compensation, suspend your ability to use the Gallerium App, if you have breached these Terms or EULA in any respect or if your use of the Gallerium App has caused or is likely to cause damage to ViWoKids or to a third party.
The suspension or cancellation of the licence to use the Gallerium App means that you will no longer have any access to the Gallerium App or downloaded art images.
Certain enhanced functionalities may be available for the Gallerium App in exchange for a payment. A description of these enhanced functionalities is available via Gallerium App. In case you choose to purchase an enhanced functionality, you agree to pay the applicable fee and the fee will be charged to your account with the app store or distribution platform where the Gallerium App is made available. Such fees are non-refundable and non-transferable.
Intellectual Property Rights
For purposes of these Terms, “Gallerium App IPR” means, including but not limited to, all intellectual property rights to the idea, design, source code, copyright and trademarks related to the Gallerium App.
For purposes of these Terms, “Content IPR” means including but not limited to all intellectual property rights to the texts, graphics, images, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Gallerium App.
All rights relating to Gallerium App IPR and Content IPR, whether protected or not, (1) are the exclusive property of ViWoKids and its licensors, (2) are protected by the applicable international and national legal provisions, and (3) are under no circumstances transferred in full or in part within the context of the licence to use the Gallerium App.
By using the Gallerium App, you undertake to respect Gallerium App IPR and Content IPR, as well as those intellectual property rights owned by third parties. You agree not to remove or alter any copyright, trademark, service mark or other proprietary rights incorporated in the Gallerium App IPR or Content IPR.
Subject to your compliance with these Terms and EULA, you are granted a limited, non-exclusive, non-transferable, non-sublicenseable license to download, install, view, copy and display the art images solely in connection with your permitted use of the Gallerium App and solely for your personal and non-commercial purposes.
If you breach this Clause in any respect, ViwoKids will be entitled to suspend or cancel your use of the Gallerium App without notice or compensation.
Terms for App Store Purchases
If you download the Gallerium App through or from any application provider, then you acknowledge and agree that:
These Terms are concluded between you and ViWoKids and that ViwoKids, is solely responsible for the Gallerium App.
The application provider has no obligation to furnish any maintenance and support services with respect to the Gallerium App.
In the event of any failure of the Gallerium App to conform to any applicable warranty, you may notify the application provider, and the application provider will refund the purchase price for the Gallerium App to you (if applicable) and the application provider will have no other warranty obligation whatsoever with respect to the Gallerium App.
The application provider is not responsible for addressing any claims you have or any claims of any third party relating to the Gallerium App or your possession and/or use of the Gallerium App.
In the event of any third-party claim that the Gallerium App or your possession and/or use of it infringes third party’s intellectual property rights, ViWoKids will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
The application provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the Gallerium App, and upon your acceptance of these Terms, the application provider will have the right to enforce these Terms as related to your license of the Gallerium Application against you as a third-party beneficiary thereof.
You must also comply with all applicable application provider terms of service when purchasing the Gallerium App.
Links to Third Party Websites
The Gallerium App may contain links to third-party websites or resources. ViWoKids has no control over, and assumes no responsibility for the content, privacy policies or practices of any third party web sites or resources. You further acknowledge and agree that ViWoKids 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 web sites or services.
The Gallerium App is provided on “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties or merchantability or fitness for a particular purpose. By using the Gallerium App you acknowledge that your use of the Gallerium App is at your sole risk and that you assume full responsibility for all costs and any damage related to the use of the Gallerium App.
Under no circumstances will ViWoKids be liable for any consequential, direct, incidental, indirect, punitive or special damage related to the use, the inability to use and/or errors or omissions in the contents and functions of the Gallerium App.
You agree to indemnify, defend, and hold ViWoKids and its agents, directors, employees, information providers, licensors, licensees, officers and/or affiliates harmless from and against any and all liability and costs, including attorneys’ fees and costs, incurred in connection with any claim arising out of any breach by you of these Terms. You will cooperate as fully as reasonably required in the defence of any such claim.
ViWoKids reserves the right to modify or replace these Terms at any time. If a revision is material ViWoKids will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be of ViWoKids’ sole discretion. In case you don’t approve on the new Terms you shall stop using the Gallerium App.
ViwoKids warmly welcomes feedback, comments and suggestions for improvements to the Gallerium App. You can submit feedback through our website at www.gallerium.org.
You grant to ViWoKids all intellectual property rights to the derivative developments of Gallerium App based upon the exploitation of your feedback.