Term of Uses
General Use of the Service:
Customer shall not use the Service, in whole or in part, for any purpose that is unlawful or prohibited by this Agreement. Customer agrees that Customer will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other Web site or product, transfer, or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Service other than for use as contemplated in any Service.
The Service is offered to Customer conditioned upon Customer’s acceptance without modification of this Agreement. Customer acknowledges that, from time to time, it may be necessary for Site Galleria to update or revise certain provisions of the Agreement. By signing up for any Site Galleria Service and accepting this Agreement, Customer agrees that Site Galleria may change the terms of the Agreement in its sole discretion without specific notice to Customer. If Customer does not agree to the changes proposed by Site Galleria, or to any terms in this Agreement, Customer’s sole and exclusive remedy is to cancel Customer’s Site Galleria Service (“Customer’s Account”). Notwithstanding the foregoing, Site Galleria reserves the right to cancel, suspend or refuse access to the Service to anyone in its sole discretion. Unless explicitly stated otherwise, any new features or products that change, augment or enhance the current Service shall be subject to this Agreement.
Although Site Galleria firmly believes in the value of free and open dissemination and exchanges; however, it is under no obligation, but does reserve the right, to monitor, pre-screen, or otherwise remove any content stored in its servers if the content is against the public policy as the law of the land (India). Therefore, Site Galleria cannot be responsible for the appropriateness, accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such thoughts and opinions. Customer acknowledges that Customer should always use caution when posting any personally identifying information about Customer or Customer’s employees on the Service, the Customer Site, or any other user sites.
All Site Galleria accounts may have Email services provided by an independent Third Party Email Services Vendor (“TPESV”). Site Galleria is not responsible for the actions or inaction of the then current TPESV or the unavailability or malfunction of their network or services. Site Galleria is not a party to, and shall not be involved in or responsible for, transactions, agreements, and/or disputes between Customer and the TPESV (“TPESV Dispute”). In the event of a the TPESV Dispute, Customer hereby releases Site Galleria (and its officers, directors, agents, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any connected with such disputes.
Third party Content
For Customer’s convenience, the Service may contain products, services, content and information from third party providers (which includes advertisers and affiliates) and/or links to their Web sites (“Third Party Content”). Such Third Party Content is not under the control of Site Galleria and Site Galleria is not responsible for such content, including, without limitation, any link contained in such content, or any changes or updates to such content. Site Galleria is under no obligation, but does reserve the right to pre-screen Third Part Content available on the Service and does not assume any responsibility or liability for the content provided by others. Site Galleria is providing such Third Party Content to Customer only as a convenience, and the inclusion of such content does not imply endorsement by Site Galleria of such content or the affiliate or advertiser. Customer may be subject to additional and/or different terms, conditions, and privacy policies when using third party products, services, content, software, or sites. Site Galleria does reserve the right to remove content that, in Site Galleria’s judgment, does not meet its standards, but Site Galleria is not responsible for any failure or delay in removing such material.
Site Galleria is not and will not be responsible for (i) the terms and conditions of any transaction between Customer and any third party, (ii) any insufficiency of or problems with any such third party’s background, insurance, credit or licensing, or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that Customer has a dispute with any such third party, Customer releases Site Galleria (and its affiliates, suppliers, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Site Galleria Proprietary Rights/Software Licenses
Customer acknowledges and hereby agrees that the Service and any software used in connection with the Service (the “Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Customer further acknowledges and agrees that content contained in sponsor advertisements or information presented to Customer through the Service, advertisers and/or Discussion Boards is protected by applicable copyrights, trademarks, service marks, patents and other proprietary rights and laws.
Site Galleria focuses on using open source software and focuses on coding the software using open source languages. The decision rests at the project type and deciding authority
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. CUSTOMER MAY NOT DECOMPILE OR DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY SOURCE CODE CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER.
Copyright and Trademark Notices
All materials of the Service and the Software (as well as the organization and layout of the Service are owned and copyrighted or licensed by Site Galleria. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials of the Service, which includes the Site Galleria, and/or the Software, is permitted without the written permission of Site Galleria. Any rights not expressly granted herein are reserved.
Charges and Billing
Site Galleria reserves the right to charge fees for the Service or any portion thereof, if Customer is required to pay a fee for all or any part of the Service for which Customer has chosen. Customer hereby authorizes Site Galleria to charge Customer’s valid and current credit or debit card, if details are given, in advance for all applicable fees incurred by Customer in connection with Customer’s chosen package and Customer’s Account. Customer’s Service and Account will automatically renew at the end of each subscription period, unless the Service or Customer Account is terminated in advance of the end of the then-current term. If there is any annual, monthly or similar periodic subscription fees associated with the Customer Account, these fees will be billed automatically to the Customer’s designated valid and current credit or debit card at the start of each renewal period, unless Customer terminates the Service before the relevant period begins. Customer’s subscription will automatically be renewed and billing will continue at the then-current prices for the Service. Customer further acknowledges that it is Customer’s responsibility to notify Site Galleria of any changes to Customer’s credit card, billing address and to update Customer’s credit card number if Customer’s credit card has expired otherwise Customer’s access to the Service may be disconnected or interrupted. Site Galleria shall consider ownership of an account and its constituent site(s) to be the identity of the person providing payment; or for free trial sites, the identity of the person registered for the trial period.
In case of payment through Cheques/demand draft, the customer has to agree to pay 20% of the package chosen in advance at the time of placing the order and the balance to be paid at the time of publishing the website thus created for the customer. Customer also agrees to pay any taxes, including sales or use taxes, resulting from Customer’s use of the Service. The payment is due on receipt of the invoice by the customer. The invoice shall be sent via email. Customer is responsible and liable for any fees, including attorney and collection fees, that Site Galleria may incur in its efforts to collect any remaining balances due from Customer. This section shall in no way limit any other remedies available to Site Galleria. Customer also acknowledges and agrees that Customer will be billed for and will pay any outstanding balances if Customer cancels Customer’s Account or Customer’s Account is terminated due to Customer’s breach of this Agreement. Customer must notify Site Galleria of any billing problems or discrepancies within sixty (60) days after they first appear on Customer’s credit card account statement. If Customer does not notify Site Galleria within sixty (60) days, Customer waives any right to dispute such problems or discrepancies.
Site Galleria may show advertisements on any portion of the Service which it provides to Customers free of charge.
Shipment and Delivery Policy
Site Galleria offers website services and other internet related solutions that are delivered online, we do not charge for the ‘shipments and delivery’ as the transfer and delivery is done online. The time of delivering a product varies on the product or service type and solely depends upon the co-ordination from the client. The ideal time for delivering a website is 7 working days and can extend if the client fails to co-ordinate. The other Internet services are subscription based and payments are collected in a cyclic fashion as and when the subscription expires
Termination/Cancellation of Customer's Website
Either Customer or Site Galleria may terminate or cancel Customer’s Account (or any part of the Service) at any time, but Site Galleria will not refund any prepaid fees upon such termination or cancellation.
a. Termination by Customer. Customer may cancel your Customer Account or any part of the Service at any time. To cancel your Service, Customer must call +91 8060662222 or +91 9738721721 .Customer will receive a cancellation confirmation via email after Site Galleria processes Customer’s cancellation request. Site Galleria reserves the right to collect fees, surcharges or costs incurred before Customer cancels Customer’s Account in addition to the applicable cancellation fee(s).
Customer must provide us with the following information in order for us to process the cancellation:
The exact name of the Service that Customer would like to cancel
Customer’s username and password
Customer’s email address
Customer’s billing information, including the credit card number that the customer used when purchasing the Service
Customer’s reason for canceling the Service.
The user has the right to take static backup of the website.
Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR OTHERWISE, IN NO EVENT SHALL SITE GALLERIA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF SITE GALLERIA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR INABILITY TO USE THE SERVICE, (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, (C) FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO CUSTOMER. IN NO EVENT SHALL SITE GALLERIA’S AGGREGATE LIABILITY TO CUSTOMER AND/OR ANY THIRD PARTY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT CUSTOMER ACTUALLY PAYS TO SITE GALLERIA UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE DATE
Customer agrees to indemnify and hold Site Galleria and its suppliers, affiliates, partners, subsidiaries and employees (collectively, the “Indemnified Parties”) harmless from any and all claims and demands, losses, liability costs and expenses (including, but not limited to, reasonable attorneys’ fees), incurred by an Indemnified Party arising out of or related to (i) Customer’s breach of this Agreement; (ii) any information (including but not limited to Customer Content and Customer’s publicly posted information) submitted, posted, or otherwise provided by Customer at the Customer Site and/or to Site Galleria and/or its affiliates; (iii) any dispute or litigation between an Indemnified Party and a third party caused by Customer’s actions; and (iv) Customer’s negligence or violation or alleged violations of any rights of another; (v) any third party claim against the Indemnified Party for: (1) personal injury or property damage to the extent such Liabilities arise out of or result from the negligence or other tortuous conduct of Customer; or (2) the breach of any representation or warranty made by Customer; or (3) any claim by a customer of Customer against any Indemnified Party to the extent such Liabilities arise out of or result from Customer’s business dealings with such Customer, including, without limitation the provision of any products or services to such Customer. These obligations will survive any termination of Customer’s relationship with Site Galleria or Customer’s use of the Service. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of Site Galleria and/or its suppliers, affiliates, partners, subsidiaries and employees.