Terms and Conditions for the Use of "24GALLERY" Technology
By means of the present document the American company: “24Gallery, INC.”, represented by Mr. BYRON ALEJANDRO FERNANDEZ HARO, party to be called as “THE PROVIDER” or simply with the name that adopts its technology: “24GALLERY” Trademark and Commercial Name of which it is its sole owner, creator, distributor and developer.
Access to and use of this technology is subject to acceptance of the following Terms and Conditions. In the event of any discrepancy between the English text and any other language of these Terms and Conditions, the English document shall prevail.
These Terms and Conditions govern the use of the “24GALLERY” technology (hereinafter “24GALLERY”). The 24GALLERY technology is intended exclusively for USERS residing in Latin America or other countries in which 24GALLERY operates.
24GALLERY reserves the right to modify at any time the present General Conditions of Use, as well as any other general or particular conditions resulting from the 24GALLERY technology. Likewise, 24GALLERY reserves the right to suspend, interrupt or cease operations at any time.
24GALLERY reserves the right to modify at any time the presentation, configuration and location of the 24GALLERY technology, as well as the corresponding conditions of access and use. 24GALLERY does not guarantee that the Contents provided through the computer platform, app and/or Website will in any case be correct, complete, updated or free of errors.
ACCESS AND USE:
Access to 24GALLERY’s technology shall be limited to those over 18 years of age, in the event that 24GALLERY is used by minors, 24GALLERY reserves the right to request the respective authorization from the parents and/or legal representatives of the minors. In general, the User may access the 24GALLERY technology by complying with all the requirements listed in this document. The User acknowledges and accepts that the access and use of 24GALLERY’s technology takes place freely and consciously, under his/her sole responsibility. 24GALLERY shall in no case be liable for the use that the User and/or third parties may make of 24GALLERY’s technology nor for any damages that may arise therefrom.
The USER undertakes to make appropriate and lawful use of 24GALLERY’s technology in accordance with the applicable legislation, these General Conditions of Use, generally accepted morals and good customs and public order. The User shall refrain from:
- Make unauthorized or fraudulent use of 24GALLERY’s technology.
- Access or attempt to access restricted resources of 24GALLERY’s technology.
- Use 24GALLERY’s technology for illicit or illegal purposes or effects, contrary to the provisions of these General Terms and Conditions of Use, to good faith and public order, harmful to the rights and interests of third parties, or in any way damage, render useless or overload or impede the normal use or enjoyment of 24GALLERY’s technology.
- Cause damage to 24GALLERY’s technology or to the systems of its suppliers or third parties.
24GALLERY shall not be liable in the event that the User does not have a device that is compatible with 24GALLERY’s technology or that 24GALLERY’s technology is incompatible with the User’s device.
24GALLERY provides the use of 24GALLERY’s technology solely and exclusively for commercial purposes. It is strictly prohibited to use it for any purpose other than that for which it was created and which is specified and limited herein. Any manipulation, modification, impersonation, abuse, etc., of 24GALLERY’s technology, without the prior written consent of 24GALLERY, shall be grounds for deactivation of access to 24GALLERY’s technology, and shall also give rise to civil and criminal actions as permitted by law.
Any inappropriate use of 24GALLERY technology or its complements by the USER shall be the USER’s sole responsibility and the USER hereby waives the right to file any claim against 24GALLERY.
ADDITIONAL CONDITIONS FOR ACCESS AND USE:
Access to 24GALLERY’s technology shall be subject in any case to the prior registration of the User by filling in the corresponding form (“Registration Form”), which shall be previously provided to the User. 24GALLERY reserves the right to freely accept or reject the User’s request for registration. The data entered by the User in the Registration Form must be accurate, current and truthful at all times. Access to and use of 24GALLERY’s technology in the specific area of the Website shall be subject to a password assigned to the User by 24GALLERY upon completion of the Registration Form and access shall be deemed to have been made by such User, who shall be liable in all cases for such access and use.
The USER shall be responsible at all times for the safekeeping of his/her password, assuming, consequently, any damage and prejudice that may arise from its improper use, as well as from the transfer, disclosure or loss of the same. In the event of forgetting the password or any other circumstance that entails a risk of access and/or use by unauthorized third parties, the User shall immediately notify 24GALLERY so that it may immediately proceed to block and replace the password. In any case, any operation carried out prior to such communication shall be deemed to have been carried out by the User, who shall be responsible for and shall pay the expenses and/or damages arising from any unauthorized access and/or use carried out prior to such communication.
PAYMENT AND BILLING CONDITIONS:
The fees applicable to the Service according to each type of plan that is contracted by the USER will be charged by 24GALLERY automatically, once the service is completed, through the payment intermediary systems.
Charges made to credit or debit cards shall be made in all cases in United States Dollars (USD) or in the legal tender of the country in which 24GALLERY operates. 24GALLERY is not liable to the user for any additional charges from banks, credit card issuers, taxes or any other charges not directly charged by 24GALLERY in connection with the use of the service.
24GALLERY shall at no time be responsible for charges made on a credit or debit card that do not have the express authorization of the cardholder. For purposes of the use hereof 24GALLERY presumes that all charges are made only by authorized cardholders and/or cardholders.
INTELLECTUAL PROPERTY RIGHTS:
USER acknowledges and agrees that all intellectual and industrial property rights over the contents and/or any other element inserted in 24GALLERY technology (including, without limitation, trademarks, logos, trade names, text, images, graphics, designs, sounds, databases, software, flow charts, presentation, audio and video), belong to 24Gallery, INC….
The personal data (hereinafter referred to as the Data) that you provide through the Registration Form will be integrated into a personal data file for which 24GALLERY is responsible, who guarantees the proper use and confidential handling of such information.
DISCLAIMER OF WARRANTIES AND LIABILITY:
24GALLERY does not guarantee the availability and continuity of the operation of 24GALLERY’s technology. Consequently, 24GALLERY shall in no event be liable for any damages that may arise from:
- The lack of availability or accessibility of 24GALLERY’s technology.
- The interruption in the operation of 24GALLERY’s technology or computer failures, telephone breakdowns, disconnections, delays or blockages caused by deficiencies or overloads in the telephone lines, data centers, in the Internet system or in other electronic systems, produced in the course of its operation, and
- Other damages that may be caused by third parties through unauthorized intrusions beyond the control of 24GALLERY.
- The security of personal or confidential information such as a credit card, the transmission of this information is encrypted using SSL (Secure Socket Layer) technology.
- The enabled means of payment are subject to compliance with security standards in credit card sales, framed in the Payment Card Industry Security Standards Council (PCI) standard.
By subscribing to the present General Conditions of Use, you declare that you will hold harmless 24GALLERY, its parent company, directors, partners, employees, lawyers and agents from any claim arising from:
- Failure by the User to comply with any provision contained in these General Conditions of Use or any law or regulation applicable thereto,
- Failure to comply with the permitted use of 24GALLERY’s technology,
- Any damage suffered by You or any third party that may arise from direct or indirect use of 24GALLERY’s technology.
24GALLERY reserves the right to take legal action to stop any infringement or breach of these Terms and Conditions.
24GALLERY reserves the exclusive right to terminate any User’s access to the system for verified infringement of rights or non-compliance with these Terms and Conditions.
24GALLERY will take legal action to punish anyone who violates or attempts to violate 24GALLERY’s technological safeguards, as well as any person or entity that in any way accesses the confidential information of the company and/or its users.
CLAIMS FOR POSSIBLE BREACHES OR VULNERABILITIES:
24GALLERY shall endeavor to prevent activities on the 24GALLERY platform that are unlawful and contrary to these Terms and Conditions as well as to maintain it with all possible security. However, if the User believes that any information contained in the platform or its materials may be infringing its rights or those of third parties, including, without limitation, intellectual property rights, or, similarly, if it detects possible technological vulnerabilities, it should contact 24GALLERY by sending a detailed description of the alleged infringement to the following address: firstname.lastname@example.org.
Aware of the entry into force of the new European Data Protection Regulation (also known as GDPR) throughout the EU. We undertake not to use our customers’ data unless we can demonstrate that we have their unambiguous consent to do so (among other requirements). Consent is any freely given, specific, informed and unambiguous expression of will by which the data subject agrees, either by a statement or a clear affirmative action, to the processing of personal data concerning him or her. In the digital context, this written statement can be obtained signed through the use of electronic signature, a means directly recommended by WG29 (4. Obtaining explicit consent).
By means of the present document and his signature, the user of our technological platform expressly grants authorization. Clarifying that in accordance with Art. 29 of the Regulation, in addition to being unequivocal, consent is free, specific and informed.
In compliance with said regulation we inform customers that the purpose of use of your information will be solely and exclusively for market analysis to improve the operation of our platform and that we will confidentially guard your information for up to a period of 3 years after which we will destroy and securely dispose of it.
In case these terms and conditions are not accepted, please do not visit 24GALLERY’s website or technology, and do not use in any way the services or tools we provide, as these are restricted only to those who agree to respect the guidelines informed herein. In this order, we invite you to refrain from making use of our technology and to contact us through our website or 24GALLERY’s phone lines, since due to the complexity of the services we offer, and the diversity of external factors that play a determining role in the adequate provision of our services, our company can only enter into consumer relations with those who can accept these conditions and recognize that although the vast majority of our services are executed without any inconvenience, there may be situations in which unforeseen circumstances arise, which will be solved by us as quickly and efficiently as possible, and may affect the normal and ideal course of the contracted service.
Our Company disclaims all liability in the event that users use the services without consenting to the terms and conditions described herein and reserves the right to take all appropriate legal action in such cases.
APPLICABLE LAW AND JURISDICTION:
These Terms and Conditions of Use, as well as the relationship between 24GALLERY and the User, shall be governed by and construed in accordance with the laws of the United States of America in particular those relating to the settlement of disputes in the state of Delaware. Any controversy or dispute arising out of, relating to, or in connection with this agreement shall be settled amicably between the parties. If this method is not efficient, the dispute may be submitted to the ordinary jurisdiction or to arbitration at the discretion of the parties. If the latter is chosen, it shall be subject to the provisions of the Law and Regulations of the Center and the following rules:
The tribunal shall be composed of three arbitrators appointed in accordance with the Center’s Rules.
The tribunal shall decide as a matter of law.
For the enforcement of interim measures, the arbitral tribunal is empowered to request public, judicial, police and administrative officials to enforce them without the need to resort to any ordinary judge.
The arbitration proceedings shall be confidential.
I agree: ___