Galleropa, Inc. Terms of Service Agreement

TERMS OF SERVICE

Welcome to Galleropa Firefox Extensions! By using Galleropa Firefox Extensions ("the Extensions"), you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time (collectively, the "Terms of Service"). Galleropa, Inc. ("Galleropa" or "we") may update the Terms of Service without notice to you, and you are responsible for checking the most current version of the Terms of Service at http://www.Galleropa.com/agreement.html and any service-specific policies or guidelines.

1. USE OF SERVICES

In consideration of your use of the Extensions, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. Galleropa reserves the right to refuse service to anyone at any time without notice for any reason.

2. APPROPRIATE CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. You understand that by using the Extensions, you may be exposed to Content that is offensive, indecent or objectionable.

You agree that you are responsible for your own conduct and Content while using the Extensions and for any consequences thereof. You agree to use the Extensions only for purposes that are legal, proper and in accordance with these Terms of Service and any applicable laws, regulations, policies or guidelines. By way of example, and not as a limitation, you agree that when using the Extensions, you will not:

defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
upload, post, email or transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful Content;
upload, post, email or transmit or otherwise make available any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of the Rights or have the permission of the owner to post such Content;
upload, post, email or transmit or otherwise make available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, these Terms of Service or any applicable policies or guidelines.
download any file posted by another that you know, or reasonably should know, cannot be legally distributed in such manner;
impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
restrict or inhibit any other user from using and enjoying Galleropa services;
use the Extensions for any illegal or unauthorized purpose;
remove any copyright, trademark or other proprietary rights notices contained in or on the Extensions or any Galleropa services;
interfere with or disrupt the Extensions or other Galleropa services or servers or networks connected to Galleropa services, or disobey any requirements, procedures, policies or regulations of networks connected to Galleropa services;
submit Content that falsely expresses or implies that such Content is sponsored or endorsed by Galleropa;
promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.

While Galleropa prohibits such conduct and Content in connection with the Extensions, you understand and agree that Galleropa may or may not pre-screen Content and shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse or move any Content available via Galleropa services. You also understand and agree that you nonetheless may be exposed to such conduct and/or Content and that you use the Extensions at your own risk.

3. GALLEROPA PRIVACY POLICY

For information about our data protection practices and the data that may be available to Galleropa when you use the Firefox Extensions, please see the Galleropa Privacy Policy at http://www.Galleropa.com/privacy.html and the Firefox Extensions Privacy Notices at http://www.Galleropa.com/agreement.html. By using the Extensions, you acknowledge and agree that Galleropa may access, preserve, and disclose information regarding your use of the services if required to do so by law or under other conditions set forth in the Galleropa Privacy Policy http://www.Galleropa.com/privacy.html. Galleropa will not be responsible or liable for the exercise or non- exercise of its rights under the Terms of Service.

You understand that the technical processing and transmission of information transmitted using the Extensions, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

4. PROPRIETARY RIGHTS

Galleropa's Rights
You acknowledge and agree that the software components of the Extensions ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and will be treated as such at all times. The Software, in whole and in part and all copies thereof, are and will remain the sole and exclusive property of Galleropa and/or its licensors. You further acknowledge and agree that Content contained in any advertisements or information presented to you through the Extensions is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Galleropa, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Software, in whole or in part.
Galleropa grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer limited strictly to non-commercial use only by you; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to Galleropa services. You agree not to access Galleropa services by any means other than through the interface that is provided by Galleropa for use in accessing Galleropa services.

Your Rights
Galleropa claims no ownership or control over any Content submitted, posted or displayed by you on or through the Extensions. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through the Extensions and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content to the general public on or through the Extensions , you grant Galleropa a worldwide, non-exclusive, royalty-free license to reproduce, adapt and publish such Content on Galleropa services solely for the purpose of displaying, distributing and promoting Galleropa services or the Extensions. This license terminates when such Content is deleted from the Galleropa service to which you originally submitted it. Galleropa reserves the right to syndicate Content submitted, posted or displayed by you for purposes of display to the general public on or through the Extensions and to use that Content in connection with any of the services offered by Galleropa.

5. POLICIES REGARDING COPYRIGHT AND TRADEMARKS

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. For more information, please view the document at http://www.Galleropa.com/dmca.html.

For information regarding our trademark complaint procedure, please view the document at http://www.Galleropa.com/tm_complaint.html. Any use of Galleropa's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features must be in compliance with this Terms of Service and in compliance with Galleropa's then current Brand Feature use guidelines, and any content contained or reference therein, which may be found at the following URL: http://www.Galleropa.com/permissions/guidelines.html (or such other URL Galleropa may provide from time to time).

6. GENERAL PRACTICES REGARDING USE AND STORAGE

You agree that Galleropa has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by the Extensions. You acknowledge that Galleropa has set no fixed upper limit on the number of transmissions you may send or receive through the Extensions or the amount of storage space used; however, we retain the right, at our sole discretion, to create limits at any time with or without notice.

7. NO RESALE OF THE EXTENSIONS

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Extensions, use of the Extensions, or access to the Extensions.

8. MODIFICATIONS TO THE EXTENSIONS

Galleropa reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, access to the Extensions (or any individual Extension or part thereof) with or without notice. You agree that Galleropa shall not be liable to you or to any third party for any modification, suspension or discontinuation of access to the Extensions.

9. TERMINATION

You may terminate this Terms of Service at any time by ceasing to use the Extensions and uninstalling them from your computer. Galleropa reserves the right to terminate this Terms of Service and your authorization to use the Extensions at any time with or without cause. Sections 1 through 8 and 10 through 18 of the Terms of Service (including the section regarding limitation of liability), shall survive expiration or termination.

10. ADVERTISEMENTS

Many Galleropa services are supported by advertising revenue and may display advertisements and promotions on the service. The manner, mode and extent of advertising by Galleropa on its services, including the Extensions, are subject to change. You agree that Galleropa shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on Galleropa services.

11. LINKS

Galleropa services, including the Extensions, may provide, or third parties may provide, links to other Internet sites or resources. Because Galleropa has no control over such sites and resources, you acknowledge and agree that Galleropa 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 Galleropa 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.

12. INDEMNITY

You agree to hold harmless and indemnify Galleropa, and its licensors, subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, from and against any third party claim arising from or in any way related to your use of the Extensions, violation of these Terms of Service or any other actions connected with use of the Extensions, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Galleropa will provide you with written notice of such claim, suit or action.

13. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE EXTENSIONS IS AT YOUR SOLE RISK. THE EXTENSIONS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GALLEROPA AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. GALLEROPA AND ITS LICENSORS MAKE NO WARRANTY THAT (i) THE EXTENSIONS WILL MEET YOUR REQUIREMENTS, (ii) GALLEROPA SERVICES INCLUDING PROVISION OF THE EXTENSIONS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE EXTENSIONS WILL BE ACCURATE OR RELIABLE, (iv) THE ACCURACY, CURRENCY, OR QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE EXTENSIONS WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE EXTENSIONS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GALLEROPA OR THROUGH OR FROM THE EXTENSIONS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

14. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT GALLEROPA AND/OR ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GALLEROPA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE EXTENSIONS; (ii) 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 THE EXTENSIONS; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE EXTENSIONS; OR (v) ANY OTHER MATTER RELATING TO THE EXTENSIONS.

15. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 13 AND 14 MAY NOT APPLY TO YOU.

16. NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to the Terms of Service.

17. NOTICE

Galleropa may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on the Galleropa website on which the Extensions are made available.

18. GENERAL INFORMATION

Entire Agreement. The Terms of Service constitute the entire agreement between you and Galleropa with respect to the Extensions and govern your use of the Extensions, superceding any prior agreements between you and Galleropa with respect to the Extensions. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Galleropa services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. The Terms of Service and the relationship between you and Galleropa shall be governed by the laws of the State of Illionois without regard to its conflict of law provisions. You and Galleropa agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Cook, Illinois.

Waiver and Severability of Terms. Waiver and Severability of Terms. The failure of Galleropa to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service 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 of Service remain in full force and effect.

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 Extensions or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section headings in the Terms of Service are for convenience only and have no legal or contractual effect.