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Last update: May 19th 2018
Thanks for using ITGallery’s products and services (“Services”).
You indicate your agreement to these Terms by clicking or tapping on a button indicating your acceptance of these Terms, by executing a document that references them, or by using the Services.
If you will be using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that organization.
1.1. Fees for Services. You agree to pay to ITGallery any fees for each Service you purchase or use (including any overage fees), in accordance with the pricing and payment terms presented to you for that Service. Where applicable, you will be billed using the billing method you select. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.
1.2. Subscriptions. Some of our Services are billed on a subscription basis (we call these “Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your online account management page, or by our email firstname.lastname@example.org. While we will be sad to see you go, you may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your Subscription immediately after the Subscription starts if you do not want it to renew.
1.3. Taxes. Unless otherwise stated, you are responsible for any taxes (other than ITGallery’s income tax) or duties associated with the sale of the Services, including any related penalties or interest (collectively, “Taxes”). You will pay ITGallery for the Services without any reduction for Taxes. If ITGallery is obliged to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide ITGallery with a valid tax exemption certificate authorized by the appropriate taxing authority or other documentation providing evidence that no tax should be charged. ITGallery will not charge you VAT if you provide us with a VAT number issued by a taxing authority in the European Union, are purchasing the Services from ITGallery Europe for business reasons, and are located in a different European Union member state from ITGallery Europe. If you are required by law to withhold any Taxes from your payments to ITGallery, you must provide ITGallery with an official tax receipt or other appropriate documentation to support such payments.
1.4. Price Changes. ITGallery may change the fees charged for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. ITGallery will provide you with reasonable prior written notice of any change in fees to give you an opportunity to cancel your Subscription before the change becomes effective.
1.5. Overage Fees. Unless otherwise stated, any overage fees incurred by you will be billed in arrears on a monthly basis. Overage fees which remain unpaid for 30 days after being billed are considered overdue. Failure to pay overage fees when due may result in the applicable Service being limited, suspended, or terminated (subject to applicable legal requirements), which may result in a loss of your data associated with that Service.
2.2. Confidentiality. ITGallery will treat your Content as confidential information and only use and disclose it in accordance with these Terms (including our privacy policies). However, your Content is not regarded as confidential information if such Content: (a) is or becomes public (other than through breach of these Terms by ITGallery); (b) was lawfully known to ITGallery before receiving it from you; (c) is received by ITGallery from a third party without knowledge of breach of any obligation owed to you; or (d) was independently developed by ITGallery without reference to your Content.
3.1. You Retain Ownership of Your Content. You retain ownership of all of your intellectual property rights in your Content. ITGallery does not claim ownership over any of your Content. These Terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide the Services, and as otherwise described in these Terms.
3.2. Limited License to Your Content. You grant ITGallery a worldwide, royalty free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit your Content, but only for the limited purposes of providing the Services to you and as otherwise permitted by ITGallery’s privacy policies. This license for such limited purposes continues even after you stop using our Services, though you may have the ability to delete your Content in relation to certain Services such that ITGallery no longer has access to it. This license also extends to any trusted third parties we work with to the extent necessary to provide the Services to you. If you provide ITGallery with feedback about the Services, we may use your feedback without any obligation to you.
4.1. ITGallery IP. Neither these Terms nor your use of the Services grants you ownership in the Services or the content you access through the Services (other than your Content). These Terms do not grant you any right to use ITGallery’s trademarks or other brand elements.
5.1. User Content. The Services display content provided by others that is not owned by ITGallery. Such content is the sole responsibility of the entity that makes it available. Correspondingly, you are responsible for your own Content and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services. ITGalleryis not responsible for any actions you take with respect to your Content, including sharing it publicly. Please do not use content from the Services unless you have first obtained the permission of its owner, or are otherwise authorized by law to do so.
5.2. Content Review. You acknowledge that, in order to ensure compliance with legal obligations, ITGallerymay be required to review certain content submitted to the Services to determine whether it is illegal or whether it violates these Terms (such as when unlawful content is reported to us). We may also modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms. However, ITGallery otherwise has no obligation to monitor or review any content submitted to the Services.
6.1. Keep Your Password Secure. If you have been issued an account by ITGallery in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not ITGallery, are responsible for any activity occurring in your account (other than activity that ITGallery is directly responsible for which is not performed in accordance with the Customer’s instructions), whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify ITGallery immediately. Accounts may not be shared and may only be used by one individual per account.
6.2. Keep Your Details Accurate. ITGallery occasionally sends notices to the email address registered with your account. You must keep your email address and, where applicable, your contact details and payment details associated with your account current and accurate. Accounts are controlled by the entity whose email address is registered with the account.
6.3. Remember to Backup. You are responsible for maintaining, protecting, and making backups of your Content. To the extent permitted by applicable law, ITGallery will not be liable for any failure to store, or for loss or corruption of, your Content.
7.1. Legal Status. If you are an individual, you may only use the Service if you have the power to form a contract with ITGallery. None of the Services are intended for use by individuals less than 13 years old. If you are under 13 years old or do not have the power to form a contract with ITGallery, you may not use the Services. We recommend that parents and guardians directly supervise any use of the Services by minors. If you are not an individual, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation and that you have duly authorized your agent to bind you to these Terms.
7.2. Embargoes. You may only use the Services if you are not barred under any applicable laws from doing so.
8.1. Legal Compliance. You must use the Services in compliance with, and only as permitted by, applicable law.
8.2. Your Responsibilities. You are responsible for your conduct, Content, and communications with others while using the Services. You must comply with the following requirements when using the Services:
9.1. By You. If you terminate a Subscription in the middle of a billing cycle, you will not receive a refund for any period of time you did not use in that billing cycle unless you are terminating the Agreement for our breach and have so notified us in writing, or unless a refund is required by law.
9.2. By ITGallery. ITGallery may limit, suspend, or stop providing the Services to you if you fail to comply with these Terms (such as a failure to pay fees when due), or if you use the Services in a way that causes legal liability to us or disrupts others’ use of the Services. ITGallery may also suspend providing the Services to you if we are investigating suspected misconduct by you. If we suspend or terminate the Services you receive, we will endeavor to give you advance notice and an opportunity to export a copy of your Content from that Service. However, there may be time sensitive situations where ITGallery may decide that we need to take immediate action without notice. ITGallery has no obligation to retain your Content upon termination of the applicable Service.
9.3. Further Measures. If ITGallery stops providing the Services to you because you repeatedly or egregiously breach these Terms, ITGallery may take measures to prevent the further use of the Services by you, including blocking your IP address.
10.1. Changes to Terms. ITGallery may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. Any changes will be posted to the location at which those terms appear. ITGallery may also provide notification of changes on its blog or via email. Changes will be effective no sooner than the day they are publicly posted. In order for certain changes to become effective, applicable law may require ITGallery to obtain your consent to such changes, or to provide you with sufficient advance notice of them. If you do not want to agree to any changes made to the terms for a Service, you should stop using that Service, because by continuing to use the Services you indicate your agreement to be bound by the updated terms.
10.2. Changes to Services. ITGallery constantly changes and improves the Services. ITGallery may add, alter, or remove functionality from a Service at any time without prior notice. ITGallerymay also limit, suspend, or discontinue a Service at its discretion. If ITGallery discontinues a Service, we will give you reasonable advance notice to provide you with an opportunity to export a copy of your Content from that Service. ITGallery may remove content from the Services at any time in our sole discretion, although we will endeavor to notify you before we do that if it materially impacts you and if practicable under the circumstances.
11.1. Disclaimers. While it is in ITGallery’s interest to provide you with a great experience when using the Services (and we love to please our customers), there are certain things we do not promise about them. We try to keep our online Services up, but they may be unavailable from time to time for various reasons. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND ITGALLERY DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.
11.2. Exclusion of Certain Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ITGALLERY, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ITGALLERYHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
11.3. Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF ITGALLERY, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO ITGALLERY FOR USE OF THE SERVICES AT ISSUE DURING THE 3 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
11.4. Consumers. We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer, nothing in these Terms limits any of those consumer rights.
11.5. Businesses. If you are a business, you will indemnify and hold harmless ITGallery and its affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding or in connection with your use of the Services or a breach of these Terms, to the extent that such liabilities, damages and costs were caused by you.
12.1. Who you are contracting with. Unless otherwise specified in relation to a particular Service, the Services are provided by, and you are contracting with, ITGallery Solutions SLU (CIF B76238153)
12.2. ITGallery Solutions SLU. For any Service provided by ITGallery Solutions SLU., the following provisions will apply to any terms governing that Service:
Assignment. You may not assign these Terms without ITGallery’s prior written consent, which may be withheld in ITGallery’s sole discretion. ITGallerymay assign these Terms at any time without notice to you.
Entire Agreement. These Terms (including the Additional Terms) constitute the entire agreement between you and ITGallery, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter. Any terms and conditions appearing on a purchase order or similar document issued by you do not apply to the Services, do not override or form a part of these Terms, and are void.
Independent Contractors. The relationship between you and ITGallery is that of independent contractors, and not legal partners, employees, or agents of each other.
Interpretation. The use of the terms “includes”, “including”, “such as”, and similar terms, will be deemed not to limit what else might be included.
No Waiver. A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.
Third Party Beneficiaries. There are no third party beneficiaries to these Terms.
We reserve the right to modify this Policy at any time, and we will notify you of any material changes to the Policy by posting the modified Policy at http://www.itgalleryapp.com/en/privacy_policy.html. We encourage you to check this page periodically for any changes. By using or navigating ITGallery's web site located at http://www.itgalleryapp.com or any product or service offered by ITGallery (collectively, the "Services"), you acknowledge that you have read, understand, and agree to be bound by this Policy or any modified Policy as posted. If you do not agree to these terms, please do not use or access the Services.
ITGallery SOLUTIONS SLU
Calle Horno de Cal 4, Portal B 35019 Las Palmas de Gran Canaria.
What information is collected?
We do not collect personally identifiable information except where you specifically provide us with such information. With your consent, we may collect your full name, e-mail address, street address, telephone number, and other contact information. We generally collect this personal information on our registration and order forms when you sign up to receive products or services through our Services.
Aggregate technical information (such as screen resolution, browser language, etc.) and anonymous demographic information (such as your postal or zip code, the web site that you came from, etc.) is collected during your usage of the Services.
What is done with the information collected?
We use personal information and other demographic or profile information you provide to us to fulfill your orders or requests, to attempt to prevent fraudulent transactions, to improve the content of our web page in order to enhance your experience, and to contact you when necessary.
Whenever possible, we use non-identifiable information (such as anonymous demographic information) rather than personal information. Non-identifiable information is used to tailor your experiences with our Services by showing content in which we think you will be interested and displaying content according to your preferences. We may use aggregate data for a variety of purposes, including analyzing user behavior and characteristics in order to measure interest in (and use of) the various portions and areas of our Services. We also use the information collected to evaluate and improve our services and analyze traffic to our Services.
ersonal information collected on our Services is typically stored and processed in the European Union,. It is important for you to note that the laws on holding data in EU (or any other country in which we transfer, store or process your data) may be less stringent than the laws of your country, but ITGallery intends to adhere to the principles set forth in this Policy, unless otherwise required by applicable laws.
Is information collected shared with third parties?
ITGallery may share your information with our agents, processors, or contractors in order to fulfill your purchase order. You should note, however, that ITGallery is opposed to spam mail activities and does not participate in such mailings, nor do we release or authorize the use of membership data for such purposes.
We may use statistical analysis of aggregate information to inform advertisers of aggregate user demographics and behavior, as well as the number of users that have been exposed to or clicked on their advertising banners. We will provide only aggregate data from these analyses to third parties.
We may share information we collect with third party service providers to manage certain aspects of the services we provide, such as maintaining our servers and processing or fulfilling orders for products and services you purchase through the Services. We ensure that the third party service providers that we share your information with have privacy policies in place substantially similar to our own.
We may transfer your information to a third party as a result of a sale, acquisition, merger, or reorganization involving ITGallery, its affiliates, related companies, or any of their respective assets.
We may also disclose your information in special cases if required to do so by law, court order, or other governmental authority, or when we believe in good faith that disclosing this information is otherwise necessary or advisable, such as to identify, contact, or bring legal action against someone who may be causing injury to – or interfering with – the rights or property of ITGallery, the Services, another user, or anyone else that could be harmed by such activities (for example, identify theft or fraud).
How long is information retained?
Different information is used for different purposes, and is subject to different standards and regulations. In general, information is retained for such period of time as is felt necessary to provide you with services you request, to comply with applicable regulations or legislation, and to ensure that you have a reasonable opportunity to access the information. If you no longer consent to us retaining your personal information, you can request that it be removed by contacting us as outlined at: https://www.itgalleryapp.com/en/contact-us.html.
Is correspondence that you send to us saved?
Is the website secure?
Yes, the portions of our website (and our other Services) that handle sensitive confidential information are secure.
We are committed to maintaining the security of your information and have measures in place to protect against the loss, misuse, and alteration of the information under our control. We employ the latest and most secure techniques available for protecting our systems from intrusion by unauthorized individuals, and we are constantly upgrading our security as better methods become available. Our data center utilizes state-of-the-art physical security measures to prevent unauthorized access to the facility. In addition, all information is stored in a secure location behind firewalls and other sophisticated security systems with limited (need-to-know) administrative access. All ITGallery employees who have access to, or are associated with, the processing of personal information are contractually obligated to respect the confidentiality of your information and abide by the privacy standards we have established. Please be aware that no security measures are perfect or impenetrable. Therefore, although we use industry standard practices to protect your privacy, we cannot (and do not) guarantee the absolute security of personal information.
Does this Policy apply to other websites?
No. The Services may contain links to other Internet websites. By clicking on a third party advertising banner or certain other links, you will be redirected out of the Services and to such third party websites.
We are not responsible for the privacy policies of other websites or services. You should make sure that you read and understand any applicable third party privacy policies, and you should direct any questions concerns to the relevant third party administrators or webmasters prior to providing any personally identifiable information.
How can I unsubscribe?
With your permission, we sometimes e-mail you in order to provide targeted marketing from our Services. We only send such e-mails when you have specifically requested them. All e-mails you receive from us will include specific instructions on how to unsubscribe and you may unsubscribe at any time. Additionally, we give you the following options for removing your information from our database:
Can personal information be updated or corrected?
Yes. You may correct or update your personal information by writing to our Privacy Officer:
What are cookies?
The cookies used by this website do not contain any of your personal information, and we cannot use them to find out who you are.
Cookies are small text files that websites save to your computer. They often include a randomly generated number which is stored on your device. Many cookies are automatically deleted after you finish using the website.
Cookies are commonly used to improve browsing experience; measure website performance; support the delivery of services and support sharing information through social media, such as Twitter or Facebook.
The cookies that we use on our websites only collect anonymous information they do not collect personal information.
What cookies are on our website?
We have audited our cookies and produced a list of the cookies we use which describes, categorises and explains which sites use them:
Where can I find more about cookies and how to turn-off or delete them?
Find out more about cookies at www.allaboutcookies.org including information on how to control and delete them in all the major web browsers.
For information about deleting cookies from the browser on your mobile phone, refer to your handset manual.