Terms and conditions
Site Usage Agreement
By using this site and/or downloading any material, you agree to be bound by this Agreement. This agreement applies to you and, if you are using this web site on your client`s behalf, to you and all your clients. We reserve the right to change this agreement at any time without further notice. We reserve the right to update and/or change our pricing structure as needed including but not limited to changes based on our community, imagery database or market trends. Your use of the site will be subject to the most current version posted on the site at the time of your use. By using this site or downloading, uploading or using any media listed under the Gallantmedia.net domain you agree to be bound by this Agreement. Should you disagree with anything stated here please discontinue your use of the site and erase all data you have downloaded. Where Gallantmedia has provided you with a translation of the English language version of the page or site`s functionalities, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Gallantmedia. If there is any contradiction between the English language version and its translation in a different language, then the English language version shall take precedence.
Use of this site
This site is owned and operated by Gallantmedia. All Media, audio and video material and related informational materials in any medium provided by Gallantmedia hereunder, including related text, captions, or information (collectively referred to as Media) are owned by Gallantmedia and by our Media providers (Contributors), members of our community. All Media is protected by US and international copyright laws.
This site contains both Media that depicts a visible watermark (Watermarked Media) and Media that does not contain a visible watermark (Non-Watermarked Media). Gallantmedia allows you to search for, view, and use Watermarked Media only as permitted below. If you have registered for a Gallantmedia account and Gallantmedia has approved your registration, you may be able to access Non-Watermarked Media, which shall be used only as permitted below. Gallantmedia reserves the right to revoke your authorization to view, download and use the Media and information available on this site at any time, and you agree to immediately discontinue your such use upon written notice from Gallantmedia. All rights not specifically granted under this Agreement are reserved to Gallantmedia. Additionally, we do not allow the use of automated software or other crawling techniques for searching our web site and/or retrieve Media or related information.
Gallantmedia may immediately revoke all licenses granted to you without notice if you fail to comply with any provision of this agreement. If a license is revoked, you agree to immediately stop using this site and the Media, delete all Media and all copies from all media and destroy all other copies. Your use of this site and any Media shall comply with all applicable law. Gallantmedia may restrict or remove your access to this site at any time, or restrict or remove the use of any Media for any reason, and may replace the Media with another Media, and you agree to immediately discontinue all use of the Media upon notification from Gallantmedia.
Despite our best efforts to provide accurate information, this site may contain technical or other mistakes, inaccuracies or typographical errors. Additionally, this site and any Media may include historically and culturally important Media and text that may contain subjects that reflect the social attitudes and circumstances of a particular time or location. You should be aware that your search may display results containing content that may seem inappropriate to its context, or text that could be potentially offensive. You are solely responsible for determining whether your use of any Media requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by Gallantmedia or its members. If you are unsure whether additional third-party rights are needed for your use, you are responsible for consulting with competent rights management professionals or legal counselors.
Gallantmedia makes reasonable efforts to comply with and solve all issues regarding potential copyrights and trademarks available on the US and international market. While the responsibility for the Media uploaded is entirely on the Contributor`s side, he/she being the one who holds all copyrights over the content submitted, we do our best to identify and solve any copyright or trademark infringements.
If you have found a file that represents such an infringement please notify us, in order that we may take the appropriate measures.
Acknowledgements, Representations, and Warranties
Acknowledgements, Representations, and Warranties
By using the Website or any other of Our services, You thereby affirmatively acknowledge, represent, and warrant the truth and accuracy of each of the following statements:
a. Gallantmedia provides access to an online service comprising information and materials created and posted by You and other users.
b. Media on the Website that is available for license is stored on Gallantmedia`s servers at the direction of Gallantmedia`s users.
c. Any modification of Media uploaded by Gallantmedia`s users, such as the addition of a Gallantmedia watermark, is performed by an automated process. Accordingly, as the Contributor is aware that such modifications shall take place automatically upon upload, the Contributor shall be deemed the party responsible for such automatic modification and shall be considered the “author” of such automatically modified Media. Gallantmedia is not responsible for modifications that occur to Media as part of its automatic posting process.
d. Any review of uploaded Media that may be performed by Gallantmedia before making such Media available to the public is cursory and only intended to identify immediately obvious violations of these Terms. Accordingly, and despite any such gate keeping, the Contributor uploading an Media shall be deemed the party at whose direction that Media resides on Gallantmedia`s servers.
e. Gallantmedia has never directed, and never will direct, its users to upload Media that infringe upon any right belonging to a third party. Uploading Media that infringe on third-party rights constitutes a direct and material violation of these express Terms and will subject the uploading Contributor`s account to suspension and/or termination, where appropriate.
f. Gallantmedia correctly presumes that the Contributor uploading an Media is the sole holder of all exclusive rights to that Media, except where the Media alone bears some obvious indication to the contrary, such as a visible proprietary marking identifying a Person other than the Contributor as the exclusive rights holder.
g. Where an Media has no obvious proprietary marking that indicates an exclusive owner, Gallantmedia cannot be deemed to have actual knowledge that the Media infringes upon any third party`s rights.
h. In collecting license fees on behalf of Contributors, and retaining a portion of those license fees, Gallantmedia does not derive a direct financial benefit from any particular Media. Gallantmedia`s only direct financial benefit comes from operating its Website, which allows Contributors to market their Media to potential license purchasers. Contributors are the only parties receiving a direct financial benefit from their creation and uploading of Media for licensing by Gallantmedia`s users.
i. Gallantmedia has no right or ability to control the activities of Contributors who create and upload Media to the Website. In the event that a Contributor infringes upon a third party`s rights by creating or uploading an Media, that Contributor is the sole responsible party for such infringement, and Gallantmedia has no control over such activity.
j. Apart from identifying an obvious proprietary marking in an Media that indicates an exclusive owner, Gallantmedia has no other ability to determine whether the rights appurtenant to a particular Media may belong to a party other than the uploading Contributor. As its only other means of identifying Media that may infringe upon a third party`s rights, Gallantmedia relies entirely on properly presented notifications from third parties claiming that their rights have been violated.
k. Where you are established within the European Union, you qualify as a taxable person for VAT purposes and you will provide Gallantmedia with any documentary evidence to this effect upon request (VAT number). In the event that such documentary evidence is not provided, you accept that Gallantmedia will add the applicable VAT of your EU country to the price of services.
Use of Watermarked Media - Using Media for comping
Media includes without limitation all digital images, audio, audiovisual, video works and any related textual information (including captions and credits). Media includes visibly or electronically watermarked and reduced resolution Media (Non-Watermarked or Watermarked Media) or higher resolution non-watermarked Media (Non-Watermarked Media).
Conditional upon your compliance with this Agreement, Gallantmedia grants you a limited license to download Watermarked Media solely for evaluating/comping whether you wish to purchase a license to the Non-Watermarked Media according to the Standard Terms and Conditions applicable to your use. You may not use a Watermarked Media in any final materials distributed within your company or any materials distributed outside of your company or to the public or in any online or other electronic distribution system. You may not modify, alter, or remove any visible or electronic watermark, or disassemble, reverse engineer, or decompile any Media. Except for this limited, internal testing and sample use, Gallantmedia grants you no other rights, and you may not distribute, sublicense or make available for use or distribution any Watermarked Media.
Registering for an account
Registering For A Gallantmedia Account
You are responsible for maintaining the confidentiality of your account number and/or password, if applicable, and you shall not distribute this access information or allow others to use this access information to gain access to this site. You agree to take reasonable steps to prevent others from obtaining your access information and to notify Gallantmedia of any unauthorized access or need to update or remove access for any of your employees or agents. You shall be liable for payment for all Media downloaded by others using your account, with or without your permission or knowledge prior to the time that you notify Gallantmedia of any unauthorized use. You agree that you shall not acquire any rights of use, ownership, or bailment as a result of using any Gallantmedia account or web site or related services.
At anytime, you may request your account access to be restricted, but Gallantmedia reserves the right to delay your request until all requirements of this Agreement are met. Only accounts without any activity related to the site`s services or products, can be permanently deleted. Accounts with activity will be blocked and archived on our servers for further reference. Access to these accounts is limited and provided only to a part of the Gallantmedia admin staff, for legal purposes.
None of our Media may be resold or redistributed by any means, or made available for redistribution or resale by a third party without Gallantmedia`s separate written consent.
Without limitation, Media may not be used as a trademark or service mark (unless the appropriate extended license is being used), for any pornographic or unlawful purpose, to defame a person, to violate a person`s right to privacy or publicity, to infringe upon any copyright, trade name, trademark, or service mark of any person/entity. Unauthorized use of these Media constitutes copyright infringement and shall entitle Gallantmedia to exercise all rights and remedies under applicable copyright law, including an injunction preventing further use and monetary damages against all users and beneficiaries of the use of such Media. The foregoing is not a limiting statement of Gallantmedia`s rights or remedies in connection with any unauthorized use.
You may ask for a refund of your purchase within 30 days from the purchase date. Please note that refunds will only be permitted if the plan you purchased (whether credits or subscription) has not been used to download any Media. Note: Refunds will not be given for the first subscription fee charged after a promo deal subscription if any Media has been downloaded during the promo deal period. Also, if you elect to be billed in installments, your yearly subscription plan cannot be stopped and refunded once your first renewal payment comes into effect.
The trademarks, services and logos used and displayed in Gallantmedia.net are registered and unregistered trademarks of Gallantmedia.net its subsidiaries and affiliates. Gallantmedia.net trademarks may only be used publicly with the permission of Gallantmedia, Inc. with proper acknowledgement. Except as expressly granted Gallantmedia, Inc. does not grant any express or implied rights under any patents, copyrights, trademarks or trade secret information.
GALLANTMEDIA PROVIDES YOU WITH ITS SITE AND MEDIA ON AN AS IS BASIS. WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY IMAGES, THE SITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-FRINGEMENT, OR THAT THE SITE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER GALLANTMEDIA NOR ANY AFFILIATES OR MEMBERS SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH IT FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO THE USE OF THE IMAGES, WHETHER FRAMED AS A BREACH OF WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, UPON ANY LEGAL THEORY, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE. IN NO EVENT SHALL GALLANTMEDIA`S OR ITS AFFILIATES` LIABILITY FOR YOUR USE OF ANY IMAGE PROVIDED HEREUNDER EXCEED THE GREATER OF THE AMOUNT INVOICED AND PAID BY YOU FOR THE USE OF THAT IMAGE.
All Disputes (including any dispute relating to the arbitrability of this Agreement or any provision of this Agreement or any other dispute relating to arbitration) must be submitted to arbitration before and in accordance with the arbitration rules of the American Arbitration Association in accordance with its commercial arbitration rules and applying the laws in effect in New York, New York. The term `Dispute` means any controversy or claim arising out of or relating to the Gallantmedia website, the services offered through the website, or this Agreement, or any breach thereof, including any claim that this Agreement, or any part of this Agreement is invalid, illegal or otherwise voidable or void.
The provisions of this Arbitration Section must be construed as independent of any other covenant or provision of this Agreement; provided that if a court of competent jurisdiction or arbitrator determines that any such provisions are unlawful in any way, such court or arbitrator is to modify or interpret such provisions to the minimum extent necessary to have them comply with the law.
Judgment upon an arbitration award may be entered in any court having competent jurisdiction and will be binding, final and non-appealable. You and Gallantmedia hereby waive to the fullest extent permitted by law, any right to or claim for any punitive or exemplary damages against the other and agree that in the event of a dispute between them, each shall be limited to the recovery of any actual damages sustained by it.
This arbitration provision is self-executing and will remain in full force and effect after the expiration or termination of this Agreement. In the event either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party by default or otherwise notwithstanding said failure to appear.
Arbitration will take place in New York, New York exclusively.
You and Gallantmedia hereby agree that no action (whether for arbitration, damages, injunctive, equitable or other relief, including rescission) will be maintained by any party to enforce any liability or obligation of the other party, whether arising from this Agreement or otherwise, or any other Dispute, unless brought before the expiration of the earlier of one year from the occurrence of the facts giving rise to such claims or within 90 days from either the actual discovery of the facts giving rise to such claims or from the date on which the party should have, in the exercise of reasonable diligence, discovered such facts.
The obligation to arbitrate is not binding upon Gallantmedia with respect to claims relating to its trademarks, service marks, patents, copyrights, or other intellectual-property rights, or requests for temporary restraining orders, preliminary injunctions or other procedures in a court of competent jurisdiction to obtain interim relief when deemed necessary by such court to preserve the status quo or prevent irreparable injury pending resolution by arbitration of the actual dispute between the parties.
The prevailing party will be entitled to receive from the non-prevailing party its costs relating to the arbitration proceeding including but not limited to, the arbitrator`s fees, attorneys` fees and costs, witness fees, transcription fees, etc. and sales and use taxes thereon, if any.
You and the Site each acknowledges and agrees that it is the intent of the parties that arbitration and litigation between the parties will be of the parties` individual claims, and that none of their respective claims may be arbitrated or litigated on a class-wide basis.