Terms of Use

Terms of Use

for the Online Platform of

GalleryLab LLC, Zurich, Switzerland

Table of Content

1 - Definitions

Whenever used in these Terms of Use with an initial capital letter, the terms quoted and defined in this Section 1, whether used in singular or plural, shall have the meanings specified below.

“Access” or “Accessing” means both Post(ing) and View(ing).
“Content” means, without limitations, images, information, artworks and other works of creative authorship, written texts, commentary, audio, video, multi-media, data, graphics, computer code and software.
“Counter Notification” means a notification containing the following information: (1) a power of attorney evidencing the authorisation to act on behalf of the party making the Content available on the Platform; (2) identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or access to it was disabled; (3) a statement that the User has a good faith belief that the Content was removed or disabled as a result of mistake or misidentification of the Content to be removed or disabled; and (4) User’s name, address, telephone number and e-mail address at which User may be contacted.
“Notification of Claimed Infringement” means a notification containing the following information: (1) a power of attorney evidencing the authorisation to act on behalf of the owner of the Content that has allegedly been infringed; (2) identification of Content being infringed, or, if multiple Content is covered by a single notification, a representative list of such Content; (3) information reasonably sufficient to permit SandboxGallery to locate the Content; (4) identification of the specific Content that is claimed to be infringed or to be the subject of infringing activity, and that is to be removed or to which access is to be disabled, and (5) User’s name, address, telephone number, and e-mail address at which User may be contacted; (6) a statement that User has a good faith belief that the use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (7) a statement that the information in the notification is accurate.
“Platform” means the software, website, mobile applications, and any other products and services provided to User online by SandboxGallery.
“Post” or “Posting” means remote access to the Platform by Subscriber to upload, publish, post his/her Content.
“SandboxGallery” means the service SandboxGallery, provided by GalleryLab LLC, Switzerland.
“Subscriber” means a Visitor who has a subscription account with SandboxGallery.
“Terms” or “ToU” means the terms constituting the agreement between Visitor or Subscriber and SandboxGallery that governs their Viewing of or Posting on the Platform.
“User” means both Visitor and Subscriber.
“View” or “Viewing” means remote access to the Platform by Visitor to view the Content of SandboxGallery and its Subscribers.
“Visitor” means any private person or legal entity Viewing the Platform.

2 - Introduction and Agreement of these Terms

SandboxGallery provides 3D online galleries to enhance the way Subscriber showcases and promotes his/her Content: SandboxGallery offers artists a selection of pre-built galleries for the presentation and online distribution of their work; additionally, SandboxGallery offers galleries and/or curators the service of replicating their own museum or gallery online to promote their exhibits.

The scope of these Terms is to stipulate the rights and obligations, upon which User may Access to the Platform, and by which User shall be bound when Accessing the Platform, regardless of the information technology on which it is provided.

User shall read these Terms carefully. By Accessing the Platform User agrees to these Terms and the Privacy Policy that is accessible here. If User disagrees complying with the terms of SandboxGallery, User shall not be granted the right to Access the Platform.

These Terms may be changed or updated from time to time by SandboxGallery. SandboxGallery will inform User via his/her contact information and/or via the Platform about any changes to these terms. If Visitor disagrees with the updated Terms, he/she must cease Viewing the Platform immediately. If Subscriber disagrees with the updated Terms, he/she must cease Accessing the Platform within fourteen (14) days.

Activities beyond the Platform are governed by the terms and/or privacy policy of such third party activity provider.

Section headings in these Terms have been included for convenience of reference only and will not limit the scope or effect of any section.

 

3 - Access to Platform

User must provide all the user equipment, including all software and hardware, whether mobile, desktop, or other, necessary to Access the Platform. User is responsible for all fix and recurring fees incurred while Accessing the Platform, including Internet connection fees, mobile device connection fees, fees of third party information technology platforms, and any other costs that may incur while Accessing the Platform.

It is User’s responsibility to ensure that his/her use of the Platform complies with these Terms and is consistent with all applicable Swiss, European and international laws and regulations.

Subscriber must register to SandboxGallery and create an account before being able to upload his/her Content. The identification information Subscriber provides shall be true and accurate and must be updated as appropriate. Subscriber shall not create an account under a false name or alias. Registration gives the right to test SandboxGallery and curate exhibitions for free, but not to publish them. In order to publish them, or make them otherwise available to the public, Subscriber need to pay the monthly fee.

The account is non-transferable. Subscriber may not share his/her login identification and password for accessing his/her account on the Platform with any third person. In any event Subscriber remains responsible for any action performed via his/her account on the Platform.

User shall not use the Platform in any way that is abusive, deceptive, defamatory, fraudulent, harassing, harmful, hateful, libellous, obscene, pornographic or threatening; User shall not take any action intended to interfere with the normal functioning of the Platform or obtain unauthorized access to any personal or proprietary information or property of SandboxGallery or any other User or third party; User shall not use the Platform in any way impersonating any other person or legal entity; User shall not transmit any unauthorized advertising, auto-responder or spam on the Platform; User shall not use the data and e-mail addresses acquired by using the Platform for commercial advertising; User shall not take any action that imposes or may impose, in SandboxGallery’s sole discretion, an unreasonable or disproportionately large (pay) load and/or bandwidth consumption on the servers or systems of the Platform; nor shall User use automated or manual methods to crawl, robot, scrape, spider or otherwise monitor or extract data from the Platform (SandboxGallery reserve the right to use robot exclusion headers within the website); User shall not decipher, decompile, disassemble or reverse engineer any part of the Platform; User shall not mirror or frame any part of the website or products on another website or product; User shall not create or use any meta-tags which contain any SandboxGallery trademarks or other confusingly similar marks; User shall not remove or interfere with any copyright notices or digital watermarks on/in any Content intended to indicate the source and/or ownership of such Content.

SandboxGallery respects the intellectual property of others, and thus requires its Users to do the same. Subscriber shall not upload to, or otherwise make available through, the Platform any Content that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. In particular, without limitation, Subscriber shall not upload Content on the Platform:

for which Subscriber does not own the copyright;

or for which Subscriber does not have the necessary (sub-) licensing rights; 

or that contains violence, pornography, racist, national socialist, or advocates against any individual, group, or organization; 

or that might be considered illegal in Switzerland and/or abroad.

SandboxGallery is not responsible for monitoring any Content or communication on the Platform and is not involved in user-to-user interactions. SandboxGallery cannot always identify every User and cannot guarantee that any User is who he/she claims to be. It is User’s responsibility to be careful when interacting with other Users and User acknowledges that despite the restrictions in these Terms, others may (mis-) use the Platform in a way that is deceptive, fraudulent, harmful, offensive or illegal. However, SandboxGallery reserves the right at its sole discretion (i) to monitor any Content on the Platform, and (ii) to remove the Content from the Platform and/or terminate the subscription in the event of copyright and other intellectual property infringements.

Visitor may (cache) download from, and view a single copy of the Content on, the Platform only for User’s personal, non-commercial use on his/her computer or other Internet compatible device for Accessing the Platform, and this permission may not be assigned or transferred to any other person. Other than as provided in the previous sentence, User shall not (and shall not assist or permit any third party to) download, reproduce, modify, create derivative works from, publicly perform, publicly display, rent, sell or distribute any Content located on (or provided in connection with) the Platform without the express prior permission of the copyright owner and/or any other applicable rights holder.

4 - Ownership and Intellectual Property

SandboxGallery and/or its licensors own and remain the owners of the Platform and any derivative works thereof.

Subject to User’s agreement and continuing compliance with these Terms and any other relevant SandboxGallery policies, SandboxGallery grants

Visitor a non-exclusive, royalty-free, non-transferable, revocable, limited right to View Content of SandboxGallery and its Subscribers on the Platform only;

Subscriber a non-exclusive, royalty-bearing, non-transferable, revocable, limited right (i) to Post his/her own Content on the Platform and (ii) to embed his/her own gallery with his/her own Content on his/her own website, whereby deep-linking from such website to the Platform is not permitted.

Subject to the preceding paragraph, User is not granted a sub-licensing right. User agrees not to use the Platform for any other purpose than agreed in these Terms. If User violates these Terms, SandboxGallery reserves the right to terminate his/her (sub-) license without notice.

The trade names and trademarks owned by SandboxGallery or its licensors are not licensed under these Terms.

When uploading Content of which Subscriber must own the intellectual property rights or of which Subscriber must have the necessary (sub-) license, Subscriber (or Subscriber’s licensor respectively) shall retain those rights. Subscriber grants SandboxGallery a non-exclusive, royalty-free, sub-licensable through multiple tiers, perpetual, irrevocable, worldwide right to use, reproduce, distribute, modify, translate, create derivative works from, publish, (publicly) perform and (publicly) display such Content and any names, likenesses or trademarks depicted in such Content, in any media now known or later developed, only for the purposes of displaying them on the Platform and to use and/or refer to them in SandboxGallery’s promotional material.

If User

notices or is made aware that any Content made available on the Platform is used or exploited in a manner that infringes an intellectual property right that he/she owns or controls, then User may submit a Notification of Claimed Infringement to abuse mail@sandboxgallery.com.

receives a notification from SandboxGallery that Content Subscriber made available through the Platform has been the subject of a Notification of Claimed Infringement, Subscriber shall have the right to provide SandboxGallery a Counter Notification. The Counter Notification must be sent in writing to mail@sandboxgallery.com.

SandboxGallery shall decide in its sole discretion whether or not to remove the allegedly infringed Content from the Platform. SandboxGallery shall not be liable towards the User submitting a Notification of Claimed Infringement in the event SandboxGallery does not remove the allegedly infringed Content from the Platform and a court finally decides the Content infringed an intellectual property right of such User.

5 - Payment

SandboxGallery does not handle any payment transactions. Payment transactions for the Posting on the Platform are provided by third party payment service providers, e.g. PayPal, credit card acceptance, and merchant settlement. By using any of these payment services in connection with the Platform, User agrees to be bound by the terms and conditions of such third party payment provider. SandboxGallery disclaims any liability for errors of transactions processed through a third party payment service provider.

In order to publish his exhibition or make it otherwise available to the public, Subscriber agrees to pay a monthly fee according to the specific gallery or flat rate and/or other service(s) to which Subscriber is subscribing. The fees for Subscriber’s subscription will be billed from the date Subscriber pays his subscription to the Platform (a subscription is necessary in order to publish or otherwise make available to the public an exhibition). Each subsequent month Subscriber will be automatically charged the monthly fee in advance on his/her credit card, bank account or other mean of payment Subscriber selected on the Platform.

Subscriber may have more than one subscription and combine them. However, SandboxGallery assumes no responsibility and does not provide refunds in the event that Subscriber creates subscription combinations that might not be financially optimized (for example subscribing to 4 individual galleries instead of subscribing to a flat rate).

Upon termination of Subscriber’s account, SandboxGallery will stop charging the monthly fee as of the effective date of such termination.

If Subscriber is in payment default or if SandboxGallery or its third party payment service provider is unable to process Subscriber’s transaction using the credit card, or any other information provided, SandboxGallery reserves the right to suspend and/or revoke access to Subscriber’s SandboxGallery account, and/or remove any of Content or any other subscription-based service provided by SandboxGallery from the Platform. It is User’s responsibility to keep his/her contact information and payment information current and updated.

Any payments made according to these Terms are non-refundable, even in the event of suspension of Subscriber’s account and/or removal of Subscriber’s Content and/or termination of any license.

6 - Termination

Subscriber may terminate his/her account at any time without notification period through his/her Paypal account. A termination notification by Subscriber to SandboxGallery at mail@sandboxgallery.com is appreciated. As payments are monthly in advance, upon termination by Subscriber his/her gallery will be available for Access for thirty (30) days since the last payment.

Subscriber can manage his/her data up to 6 months after his/her subscription has ended, including deleting exhibitions and artworks. After 6 months without a subscription Subscriber’s account will be eligible to be deleted by SandboxGallery. If Subscriber wants SandboxGallery to delete his/her account, with all user-data associated, before 6 months, he/she needs to write to mail@sandboxgallery.com.

Sandbox may terminate Subscriber’s subscription by the end of each payment period with a fourteen (14) days’ notice period to the e-mail address provided by Subscriber.

SandboxGallery may limit, suspend, terminate, modify, or delete any account on, or Access to, the Platform at any time if User is in breach of the Terms. In the event that SandboxGallery suspends, terminates or deletes Subscriber’s account, Subscriber will have no further access to his/her account or anything associated to it. Subscriber may lose his/her login information as a result of an account suspension, termination or deletion.

7 - Update of the Platform

The Platform may change from time to time. User acknowledges and agrees that SandboxGallery may update the Platform with or without notifying User. User may need to update third party software from time to time in order to Access the Platform.

Scheduled offline periods are necessary to maintain and update the Platform. These may be announced in advance.

8 - Warranty Disclaimer

The Platform together with all their Content, are provided “as is” and “as available” and without any warranty of any kind, express or implied, including but not limited to, the implied warranties of merchantability, non-infringement and fitness for a particular purpose, all of which are expressly disclaimed.

SandboxGallery does not represent or warrant that the Platform will be available at all times, error-free, secure, or free of viruses or other harmful components. User’s use of the Platform is solely at his/her own risk.

9 - Limitation of Liability and Indemnification

To the fullest extent permitted by applicable law, in no event shall SandboxGallery and any of its affiliates, including any of their directors, employees, agents and/or subcontractors have any liability whatsoever to any person for any direct or indirect loss, liability, cost, claim, expense or damage of any kind, whether in contract or in tort, arising out of or related to the Access of all or parts of the Platform.

User shall defend, indemnify and hold harmless SandboxGallery and any of its affiliates, including any of their directors, employees agents and/or subcontractors against any claims, losses, liabilities and expenses (including legal expenses) resulting from User’s breach of the Terms. This includes, without limitation, claims for copyright or other forms of intellectual property infringement in the event Subscriber has submitted Content for which it did or does not have the necessary rights.

User agrees that the provisions in this paragraph will survive ending of Visitor’s Viewing to the Platform and/or any termination of Subscriber’s account.

10 - Links and third party websites

The Platform may include links to other websites and features that allow User to use third party social media services. User’s use of third party websites or services is exclusively at User’s own risk and may be subject to the policies of those websites or services. Links to and from the Platform do not mean that SandboxGallery endorses or is associated with any third party website or service or any Content accessible on any other website or service.

11 - SandboxGallery Trademark

“SandboxGallery” is a trademark of GalleryLab LLC. The SandboxGallery trademark must be displayed on all exhibitions created on the Platform, whatever medium the exhibition is shown in. The SandboxGallery trademark may not be used by User outside the Platform.

12 - General Provisions

User agrees that his/her contact information may be disclosed to, and processed and used by, SandboxGallery, its affiliates and/or their subcontractors and business partners in the pursuit of the business relationship, including the marketing of products and services. User consents to SandboxGallery transferring the contact information outside of Switzerland and of the European Economic Area.

SandboxGallery may reference Subscriber as its customer for its own marketing and public relations purposes. Subscriber herewith grants SandboxGallery a non-exclusive, royalty-free, and worldwide right to use Subscriber’s trademark for such purposes. This license shall survive the term of these Terms and is granted until revoked in writing by Subscriber.

SandboxGallery may assign or delegate these Terms, in whole or in part, to any person or entity at any time with or without User’s consent. User may not assign or delegate any rights or obligations under these Terms or the Privacy Policy without SandboxGallery’s prior written consent, and any unauthorized assignment and any delegation by User shall be null and void.

If any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in force.

To the extent permitted by applicable law, User may not bring an action arising out of these Terms, regardless of form, more than one (1) year after the cause of action has accrued.

Any general terms and conditions of User are explicitly excluded.

These Terms are governed by Swiss law, without regard to the conflict of laws provisions. The United Nations’ Convention on International Sales of Goods of 11 April 1980 (SR 0.221.211.1) does not apply.

Disputes arising under, or in connection with, these Terms shall be exclusively subject to the jurisdiction of the competent court of Zurich 1, Switzerland.

GalleryLab LLC, Version 2, 8. Mai 2014

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