The City Gallery (city-gallery.com) service (the "Service") provides a variety of tools and resources aimed at assisting the genealogist in researching family photographs. In addition, we provide a number of tools as a courtesy to the history of photography community.
The following are the terms and conditions for use of this Service, along with any amendments thereto, and any operating rules or policies that may be published occasionally by the Service. These terms are collectively known as the "Terms of Service". Please read them carefully.
BY YOUR USE OF THE SERVICE, COMPLETING ANY REGISTRATION PROCESS, RETRIEVAL OR REQUEST OF ANY INFORMATION RESOURCE FROM THE SERVICE YOUR ARE STATING THAT YOU ARE AT LEAST 18 YEARS OF AGE OR A MINOR WITH PARENTAL CONSENT TO USE THIS SERVICE, THAT YOU ARE ELIGIBLE TO USE THIS SERVICE, AND THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE.
YOU AGREE THAT IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL City Gallery BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE the Service (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF the Service TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS City Gallery AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, AND EMPLOYEES FROM ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGE, OR EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES) ASSERTED BY ANY THIRD PARTY DUE TO OR ARISING FROM OR IN CONNECTION WITH YOUR USE OF OR CONDUCT ON the Service. City Gallery RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, WHICH SHALL NOT EXCUSE YOUR INDEMNITY OBLIGATIONS.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL City Gallery BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE ABILITY OR INABILITY TO USE the Service TO SUBSCRIBE OR UNSUBSCRIBE (ADD OR REMOVE) YOUR EMAIL ADDRESS TO ANY SUPPORTED OR DISCONTINUED EMAIL DISTRIBUTION LIST (OTHERWISE KNOWN AS AN EMAIL MAILING LIST).
City Gallery PROHIBITS THE USE OF the Service FOR THE PURPOSES OF SENDING UNSOLICITED COMMERCIAL EMAIL MESSAGES (COMMONLY KNOWN AS SPAM) OR COLLECTING EMAIL ADDRESSES FROM ANY RESOURCE PROVIDED BY the Service FOR SUCH PURPOSES AND WILL IMMEDIATELY TERMINATE ANY ACCOUNT THAT IT BELIEVES, IN ITS SOLE DISCRETION, IS TRANSMITTING OR IS OTHERWISE CONNECTED WITH ANY JUNK MAIL, SPAM, CHAIN LETTERS, OR OTHER UNSOLICITED BULK E-MAIL, COMMERCIAL OR OTHERWISE.
THE MATERIALS AND RESOURCES AND TOOLS AVAILABLE THROUGH City Gallery AND The Service AND ANY THIRD PARTY ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTY OR CONDITIONS OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, City Gallery EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF the Service IS WITH YOU. SHOULD the Service PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. City Gallery DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES ON THE SERVICE. YOU EXPRESSLY AGREE THAT USE OF the Service IS AT YOUR SOLE RISK.
City Gallery IS NOT RESPONSIBLE FOR THE CONTENT OF MESSAGES DISTRIBUTED THROUGH WEB BASED DISCUSSION GROUPS, EMAIL DISCUSSION GROUPS, EMAIL DISTRIBUTION LISTS OR MAILING LISTS, AND ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF INFORMATION DISTRIBUTED THROUGH THIS SERVICE.
City Gallery MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, NOR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. City Gallery DOES NOT MAKE ANY WARRANTY OR REPRESENTATION AS TO THE USE OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE. City Gallery MAKES NO WARRANTY THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
City Gallery MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES OR THE DELIVERY OF ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM MAILING LISTS OR ADVERTISED THROUGH ITS SPONSORS OR MAILING LISTS, OR REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH SUCH LISTS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM City Gallery OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
City Gallery RESERVES THE RIGHT TO CHANGE THE TERMS OF USE AT ANY TIME WITHOUT NOTICE. City Gallery ALSO RESERVES THE RIGHT TO MODIFY OR DISCONTINUE THE SERVICE, TEMPORARILY OR PERMANENTLY, WITH OR WITHOUT NOTICE TO YOU. YOU AGREE THAT City Gallery SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION TO OR DISCONTINUANCE OF THE SERVICE.
THE SERVICE (AS A NATURAL CONSEQUENCE OF THE NATURE OF THE WORLD WIDE WEB AND THE INTERNET ITSELF) CONTAINS LINKS TO OTHER INTERNET SITES, RESOURCES AND MEMBERS OF THE SERVICE. WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OF THESE OUTSIDE RESOURCES, OR THEIR CONTENTS, NOR DO WE ENDORSE NOR ARE WE RESPONSIBLE FOR ANY OF THE CONTENTS, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON SUCH SITES. UNDER NO CIRCUMSTANCES SHALL WE BE HELD RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGES CAUSED OR ALLEGED TO HAVE BEEN CAUSED BY USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON SUCH SITES. ANY CONCERNS REGARDING ANY EXTERNAL LINK SHOULD BE DIRECTED TO ITS RESPECTIVE SITE ADMINISTRATOR OR WEBMASTER.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL City Gallery BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, FROM THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF City Gallery HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY AGREE THAT City Gallery IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. IF YOU ARE DISSATISFIED WITH THE SERVICE, THE MATERIALS AVAILABLE ON OR THROUGH THE SERVICE, OR WITH ANY OF THE TERMS OF USE IN THIS DOCUMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING City Gallery AND THE SERVICE.
YOU AGREE THAT City Gallery IS NOT RESPONSIBLE FOR ANY LOSS OF DATA RESULTING FROM OUR DELETION OF MAILING LISTS, FROM NETWORK OR SYSTEM OUTAGES, FROM FILE CORRUPTION OR ANY OTHER REASON.
YOU FURTHER AGREE THAT City Gallery SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION,SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
THE TERMS OF SERVICE AND THE RELATIONSHIP BETWEEN YOU AND City Gallery SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF VIRGINIA AND THE UNITED STATES WITHOUT REGARD TO CONFLICT OF LAW PROVISIONS. YOU AND City Gallery AGREE TO SUBMIT TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF THE COURTS LOCATED IN THE COUNTY OF ARLINGTON IN THE STATE OF VIRGINIA.
THE FAILURE OF City Gallery TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THE TERMS OF SERVICE SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION. IF ANY PROVISION OF THE TERMS OF SERVICE IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE INVALID OR CONTRARY TO LAW, THEN SUCH PROVISION(S) SHALL BE CONSTRUED, AS NEARLY AS POSSIBLE, TO REFLECT THE PARTIES' INTENTIONS, AND THE OTHER PROVISIONS OF THE TERMS OF SERVICE SHALL REMAIN IN FULL FORCE AND EFFECT.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR TO THE TERMS OF USE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
THE SECTION TITLES IN THE TERMS OF USE ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT OR SIGNIFICANCE.
IT IS THE EXPRESS WISH OF THE PARTIES THAT THE TERMS OF SERVICE AND ALL RELATED DOCUMENTS HAVE BEEN DRAWN UP IN ENGLISH.
I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AND AGREE TO BE BOUND BY ALL OF ITS TERMS. YOUR USE OF the Service SIGNIFIES YOUR AGREEMENT WITH THESE TERMS.
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