PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
This website ("Site") is owned and operated by Gallo Images (Proprietary) Limited ("Gallo Images", “we”, “our”). These terms and conditions of use ("Site Terms") apply to your use of the Site and do not alter in any way the terms or conditions of any other agreement you may have with Gallo Images, our subsidiaries or affiliates. By using this Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorised to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify Gallo Images for violations of these Site Terms.
Ownership of the Site and its
This Site is owned by Gallo Images. Unless otherwise indicated, all of the content featured or displayed on this Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof ("Gallo Images Content"), is owned by Gallo Images, its licensors, advertisers or its third-party image partners or content providers and any unauthorised use thereof is expressly prohibited.
All elements of the Site, including the Gallo Images Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.
Gallo Images reserves the right at any time to change or discontinue without notice, any aspect or feature of the Site.
Use of the Site
This Site and the Gallo Images Content are intended for customers of Gallo Images. You may not use this Site or the Gallo Images Content for any purpose not related to your business with Gallo Images. You are specifically prohibited from: (a) printing, downloading, copying, adapting or re-transmitting any or all of the Site or the Gallo Images Content otherwise than through your bona fide, personal, non-commercial use of the Site without, or in violation of, a written license or agreement with Gallo Images; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the Gallo Images Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Gallo Images product or service if you are not expressly authorised by such party to do so; (e) reverse engineering, altering or modifying any part of the Site or the Gallo Images Content; (f) circumventing, disabling or otherwise interfering with security-related features of the Site or any system resources, services or networks connected to or accessible through the Site; (g) selling, licensing, leasing, or in any way commercialising the Site or the Gallo Images Content without specific written authorization from Gallo Images and (h) using the Site or the Gallo Images Content other than for its intended purpose. Such unauthorised use may also violate applicable laws including, without limitation, copyright and trademark laws, the laws of privacy and publicity, and applicable communications legislation and regulations.
You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, electronic communications, privacy, and the transmission of data exported from the Republic of South Africa, the country from which you export the data or the country in which you reside.
Copyright Infringement Policy
In accordance with applicable laws, Gallo Images has adopted a policy of terminating, in appropriate circumstances and at Gallo Images' sole discretion, account holders who infringe the intellectual property rights of Gallo Images or any third party.
If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement as set forth below:
The Chief Executive Officer,
Gallo Images (Pty) Ltd,
P O Box 317,
or at email@example.com
We may give notice of a claim of copyright infringement by means of a general notice on the Site, electronic mail to a user's e-mail address, or by written communication sent by first-class mail to a user's address.
The Gallo Images logo, and any other product or service name or slogan contained in the Site are registered or unregistered trademarks of Gallo Images and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Gallo Images or the applicable trademark holder. You may not use metatags or any other HTML tags, comments or hidden text utilising "Gallo Images" or any other name, trademark or product or service name of Gallo Images without our prior written permission. In addition, the look and feel of the Site (including, without limitation, all page headers, custom graphics, button icons and scripts) is the service mark, trademark and/or trade dress of Gallo Images or its suppliers or licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Gallo Images.
You may not use a Gallo Images logo or other proprietary graphic of Gallo Images to link to this Site (or any other website) without the express written permission of Gallo Images. Further, you may not frame any Gallo Images trademark, logo or other proprietary information, including the Gallo Images Content, without Gallo Images' express written consent.
Gallo Images makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of Gallo Images and Gallo Images is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Gallo Images provides these links (if any) to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Gallo Images of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Gallo Images shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
Where enabled, you may embed Gallo Images Content on a website, blog or social media platform using the embedded viewer (the “Embedded Viewer”). Not all Gallo Images Content will be available for embedded use, and availability may change without notice. Gallo Images reserves the right in its sole discretion to remove Gallo Images Content from the Embedded Viewer. Upon request, you agree to take prompt action to stop using the Embedded Viewer and/or Gallo Images Content. You may only use embedded Gallo Images Content for editorial purposes (meaning relating to events that are newsworthy or of public interest). Embedded Gallo Images Content may not be used: (a) for any commercial purpose (for example, in advertising, promotions or merchandising) or to suggest endorsement or sponsorship; (b) in violation of any stated restriction; (c) in a defamatory, pornographic or otherwise unlawful manner; or (d) outside of the context of the Embedded Viewer.
Gallo Images (or third parties acting on its behalf) may collect data related to use of the Embedded Viewer and embedded Gallo Images Content, and reserves the right to place advertisements in the Embedded Viewer or otherwise monetise its use without any compensation to you.
Registration and Membership
In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify Gallo Images immediately of any unauthorised use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorised access to the Registration Data and any other information you provide.
Gallo Images reserves the right to suspend or cancel your account at any time or to refuse account applications for any reason that it, in its sole and absolute discretion, deems appropriate, including, without limitation: (i) providing false, inaccurate, outdated, incomplete or inappropriate Registration Data, (ii) defaulting on the payment of any Fees, (iii) it coming to the attention of Gallo Images that you are a minor or are otherwise not permitted or authorised to use the Site, (iv) any attempt to defraud Gallo Images or other users or accountholders or to make untrue, defamatory or malicious comments about Gallo Images or other users or accountholders, and (v) any violation of these Site Terms or any applicable laws or regulations.
You are required to inform Gallo Images immediately of any change to your Registration Data by updating it on the Site or by informing Gallo Images by e-mail if this fails. You indemnify and hold harmless Gallo Images, its subsidiaries, affiliates, licensors, employees and agents against any loss or damage that may arise from the reliance by Gallo Images or any third party on your Registration Data.
In return for the products and services Gallo Images offers you through the Site, certain fees are payable from time to time, such as the licence fee for images downloaded from the Site (“Fees”).
Fees will be charged in advance when you purchase a product through the Site and cover the use of that product as indicated in the corresponding licence.
You undertake to pay any and all such Fees at the prevailing rates prescribed by Gallo Images timeously and in full, without set-off or deduction for any reason whatsoever. Furthermore, you agree not to take any steps to circumvent your liability for payment of any such Fees.
Our data servers for billing data are encrypted and PCI compliant and transmissions are encrypted.
The Site may include interactive areas or services, including, without limitation, blogs, discussion forums, chat rooms, bulletin boards, message boards, online hosting or storage services, intranets or extranets or other areas or services in which you, registered Site members or third parties create, post or store any information, content, messages, comments, materials or other items on the Site ("Interactive Areas"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload, download, transmit, distribute, store, create or otherwise publish through the Site any of the following:
a. Any message, comment, data,
document, file, information, text, music, sound, photos, graphics, code or
other material ("User Content") that is unlawful, libellous,
defamatory, obscene, pornographic, harmful to minors, indecent, lewd,
suggestive, harassing, threatening, invasive of privacy or publicity rights,
abusive, inflammatory, in breach of an obligation of confidentiality,
fraudulent or otherwise objectionable or that you know or have reason to
believe is incorrect, inaccurate, misleading or outdated;
b. User Content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, provincial, national or international law.
c. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or contract right of any party. By posting any User Content, you represent and warrant that you have the lawful right to transmit, distribute and reproduce such User Content;
d. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
e. Unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters, pyramid schemes or solicitations;
f. User Content that constitutes spam, is machine- or randomly-generated, that contains unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites, to further unlawful acts (e.g., phishing) or to mislead recipients as to the source of the material (e.g., spoofing);
g. Private information of any third party, including, without limitation, addresses, phone numbers, e-mail addresses, identity numbers and credit card numbers;
h. Viruses, corrupted data or other harmful, disruptive or destructive files; or i. User Content that, in the sole judgment of Gallo Images, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all capital letters, or continuous posting of repetitive text), or which may expose Gallo Images or its users to any harm or liability of any type.
Further, you agree not to delete or revise any User Content posted by any third party. Gallo Images takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Gallo Images liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, Gallo Images is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area.
Although Gallo Images has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area and no User Content is endorsed, reviewed or approved by Gallo Images, we reserve the right, and have absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense.
Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. You acknowledge and agree that Gallo Images may access, use or disclose any information about you or your use of this Site, including without limitation any User Content to comply with the law or any legal process; protect and defend the rights or property of Gallo Images; or to protect the safety of our company, employees, customers or the public.
If you delete any of your User Content, we will use reasonable efforts to remove it from the Site, but you acknowledge that such deleted User Content (or references to it) may persist due to caching and may, therefore, not immediately be made unavailable.
The information contained within press releases issued by Gallo Images should not be deemed accurate, or as current except as of the date the release was posted. Gallo Images has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbour for forward-looking statements, and is subject to material risk.
You agree to defend, indemnify and hold harmless Gallo Images, its subsidiaries, affiliates, licensors, employees, agents, sponsors, third party information providers and independent contractors against any and all claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site or any third party User Content on which you may rely, your conduct, your use of or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorised use of the Gallo Images Content, or your violation of any rights of another.
THIS SITE, THE GALLO IMAGES CONTENT AND THE USER CONTENT ARE PROVIDED "AS IS" AND GALLO IMAGES AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. GALLO IMAGES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, THE GALLO IMAGES CONTENT OR THE USER CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT GALLO IMAGES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE, THE GALLO IMAGES CONTENT OR THE USER CONTENT. WE MAKE NO WARRANTY THAT THE SITE, THE GALLO IMAGES CONTENT OR THE USER CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
Gallo Images uses reasonable efforts to ensure the accuracy, correctness and reliability of the Gallo Images Content, but we make no representations or warranties as to the Gallo Images Content's accuracy, correctness or reliability.
Gallo Images offers a search feature within the Site. Gallo Images explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. Gallo Images also disclaims any responsibility for the completeness or accuracy of any directory or search result.
Gallo Images has no direct control over User Content, makes no representations or warranties whatsoever in respect thereof and expressly disclaims any liability in connection therewith.
Limitation of Liability
IN NO EVENT SHALL GALLO IMAGES, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, DELICT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE GALLO IMAGES CONTENT, THE USER CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM GALLO IMAGES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORISED ACCESS TO GALLO IMAGES' RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GALLO IMAGES, WHETHER IN CONTRACT, WARRANTY, TORT/DELICT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO GALLO IMAGES FOR ACCESS TO OR USE OF THE SITE.
Dispute Resolution and Governing Law
These Site Terms will be governed, construed and take effect in all respects in accordance with the laws of the Republic of South Africa.
Any dispute relating in any way to your use of the Site or the Gallo Images Content shall be submitted to confidential arbitration to be held in Sandton under the rules of the Arbitration Foundation of Southern Africa (or its successor in title), to which arbitration you hereby consent; except that, to the extent you have in any manner violated or threatened to violate Gallo Images' intellectual property rights, Gallo Images may seek interdictory, injunctive or other appropriate relief in any applicable court in the Republic of South Africa, and you consent to exclusive jurisdiction and venue of such courts. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to the Site Terms, whether through class arbitration proceedings or otherwise.
Notwithstanding any of these Site Terms, Gallo Images reserves the right, without notice and in its sole discretion, to terminate your account and/or to restrict or block your use of the Site.
Failure or neglect by Gallo Images to enforce at any time any of the provisions of the Site Terms shall not be construed as a waiver of its rights. Any waiver of any provision of the Site Terms will be effective only if in writing and signed by Gallo Images. If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved. Any rights not expressly granted herein are reserved.
Changes to Site Terms
Gallo Images reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the "last updated" date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit this Site.
YOU ALSO ACKNOWLEDGE AND AGREE THAT, FOR THE LICENSE OR PURCHASE OF NBA IMAGES, NBA ENTERTAINMENT, A DIVISION OF NBA PROPERTIES, INC. IS A THIRD PARTY BENEFICIARY OF THIS AGREEMENT. The National Basketball Association ("NBA") name and logo and the names and logos of the NBA teams are the property of NBA Properties, Inc. ("NBAP") and the member teams of the NBA. The Women's National Basketball Association ("WNBA") name and logo and the names and logos of the WNBA teams are the property of WNBA Enterprises, LLC. The National Basketball Development League ("NBDL") name and logo and the names and logos of the NBDL teams are the property of NBDL Enterprises, LLC.
Statutory Rights and Disclosures
You may have additional rights under your local laws that these Site Terms cannot change. In such event, these Site Terms are to be interpreted in such a way so as not to negate those rights.
By law, Gallo Images is required to disclose the following information to you as a consumer:
· Gallo Images (Proprietary) Limited is a private company with limited liability registered in terms of the laws of the Republic of South Africa with company registration number 1997/000305/07. Gallo Images’ directors are Peter Gallo, Raj Lalhabadur, Bruce Stewart, Ludwig Wolf and Pam Wills (Alternate).
· Gallo Images’ physical address is 1st Floor, Curzon Place, Turnberry Office Park, corner Grosvenor & Cumberland Roads, Bryanston, Sandton, 2194, at which address Gallo Images will receive legal service of documents;
· In terms of section 44(1) of the Electronic Communications and Transactions Act (No. 25 of 2002), you are entitled to cancel without reason and without penalty any transaction for the supply of goods or services within seven days from the date on which you purchase such goods or sign up for such services, in which event we will refund you in full within 30 days of cancellation.
Questions or comments about the Site or Site Terms may be directed to Gallo Images at firstname.lastname@example.org or +21 11 463-1925