Terms & Conditions

The following terms and conditions govern all use of the newcanaagallery.com website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by New Canaan Gallery (“New Canaan Gallery”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, New Canaan Gallery Privacy Policy) and procedures that may be published from time to time on this Site by New Canaan Gallery (collectively, the “Agreement”). Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by New Canaan Gallery, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

Responsibility of Contributors

If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
  • your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
  • your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
  • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by New Canaan Gallery or otherwise.

By submitting Content to New Canaan Gallery for inclusion on your Website, you grant New Canaan Gallery a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, New Canaan Gallery will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, New Canaan Gallery has the right (though not the obligation) to, in New Canaan Gallery sole discretion (i) refuse or remove any content that, in New Canaan Gallery reasonable opinion, violates any New Canaan Gallery policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in New Canaan Gallery sole discretion. New Canaan Gallery will have no obligation to provide a refund of any amounts previously paid.

General Terms

By selecting a product or service, you agree to pay New Canaan Gallery the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.

Services

Support

If your service includes access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by New Canaan Gallery to respond within one business day) concerning the use of the VIP Services. “Priority” means that support takes priority over support for users of the standard or free newcanaagallery.com services. All support will be provided in accordance with New Canaan Gallery standard services practices, procedures and policies

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which newcanaagallery.com links, and that link to newcanaagallery.com. New Canaan Gallery does not have any control over those non-New Canaan Gallery websites and webpages, and is not responsible for their contents or their use. By linking to a non-New Canaan Gallery website or webpage, New Canaan Gallery does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. New Canaan Gallery disclaims any responsibility for any harm resulting from your use of non-New Canaan Gallery websites and webpages.

Intellectual Property

This Agreement does not transfer from New Canaan Gallery to you any New Canaan Gallery or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with New Canaan Gallery. New Canaan Gallery, newcanaagallery.com, the newcanaagallery.com logo, and all other trademarks, service marks, graphics and logos used in connection with newcanaagallery.com, or the Website are trademarks or registered trademarks of New Canaan Gallery or New Canaan Gallery licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any New Canaan Gallery or third-party trademarks.

Attribution

New Canaan Gallery reserves the right to display attribution links such as ‘Blog at newcanaagallery.com,’ theme author, and font attribution in your blog footer or toolbar.

  • Domain Names

    If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.

    Termination

    New Canaan Gallery may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your newcanaagallery.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by New Canaan Gallery if you materially breach this Agreement and fail to cure such breach within thirty (30) days from New Canaan Gallery notice to you thereof; provided that, New Canaan Gallery can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

    Limitation of Liability

    In no event will New Canaan Gallery, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to New Canaan Gallery under this agreement during the twelve (12) month period prior to the cause of action. New Canaan Gallery shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

    Indemnification

    You agree to indemnify and hold harmless New Canaan Gallery, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

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