Terms of Service

1. Users Acknowledgement and Acceptance of Terms

W J Studio Ltd (“Us” or “We” or “WJ Studio” provides the www.cloudgallery.co.uk site and various related services (collectively, the “site”) to you, the user, subject to your compliance with all the terms, conditions and notices contained or referenced herein (the “Terms of Service”), we well as any other written agreement between us and you. You must read, agree with and accept all of the terms and conditions contained in this Terms and Service agreement, including Privacy Policy and Cookie Policy before you may become a user. In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Service. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.

By using this site, you agree to be bound by these Terms and Service. If you do not wish to be bound by these terms, you may not use or access the site and services under any circumstances.

These Terms of Service are effective as of today. We expressly reserve the right to change these Terms of Service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.

2. Description of Services

CloudGallery provide users with access to certain materials to help them create and manage client galleries through the user of it’s web application, website hosting services and other tools and services (the “Services”).

3. Registration Data and Privacy

In order to access some of the Services on this site, you will be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”), and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate. The information we obtain through your use of this site, including your Registration Data, is subject to our Privacy Policy, with is specifically incorporated by reference into these Terms of Service.

4. Conduct on Site

Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the site. By posting information in or otherwise using any communications Services, message board, feedback form, or other interactive Services that may be available to you on or through this site, you agree that you will not upload, share, post or otherwise distribute or facilitate distribution of any content – including images, text, communications, software, sounds, data, or other information that:

a) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;

b) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

c) infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

d) constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

e) contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or

f) impersonates any person or entity, including any of our employees or representatives.

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this site. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See "Unauthorized Use of Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else's use and enjoyment of the site or other similar Services. Users who violate systems or network security may incur criminal or civil liability.

You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

5. License Agreement

You hereby grant W J Studio Ltd a wordwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the Services and hereby represent and warrant that you have all the rights necessary to grand us such a license.

The license includes the right to use your Content in connection with CloudGallery’s operation of the Site, provided such Content is attributed to you in accordance with the credits (i.e. business name, profile picture, photo title, descriptions, tags, and other accompanying information) and as appropriate, all as submitted by you.

Although we try our best to restrict the ability of users and visitors to the site to make high resolution copies of content posted on the site, we make no representation and warranty that content posted on this site will not be unlawfully copied without your consent. We do not restrict the ability of users and visitors to the site to make low resolution or “thumbnail” copies of content posted on the site and you hereby expressly authorize WJStudio to permit users and visitors to the Site to make such copies of your content.

You are responsible for any content that you have posted to the site and that may be lost or unrecoverable through the use of the Services. We may, but have no obligation to, monitor content on the site or websites created using our Services. We may disclose any information necessary or appropriate to satisfy our legal obligations, or operate the Services properly. We may also refuse to post, remove, or require you to remove, any content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of these Terms of Service. If you believe any materials infringe your copyrighted works, you may provide a notification of claimed infringement to support@cloudgallery.co.uk for copyright complaints.

6. Fair Usage Policy

This policy sets out an acceptable level of conduct relating to the use of our Services, it is designed to ensure that the Services received by the majority of the clients are not negative impacted by potential fraud or abuse of our products. Our client gallery plans are meant for individual photographer businesses use only. Photography studio and other businesses with more than one photographer should contact our team directly at support@cloudgallery.co.uk to discuss our studio plans. Each “collection” is meant to be created for a single event and shared with client as such. We reserve the right to charge additional fees to users who go above their fair usage amount that is determined to be more than 20GB per collection, and 100GB of bandwidth per month. We have the right to terminate any account immediately if it is determined that there is unlawful, prohibited, abnormal or unusual activity, or your use of the product is in contrary to this policy.

7. Account and Fees

Subscriptions are for the term you select when you subscribe. Subscription will automatically renew at the end of each billing period, unless the subscription is terminated or cancelled by you or CloudGallery prior to the end of the term, either through the online platform or by written notice to support@pixieset.com. You agree that upon the renewal of the term, the credit card designate on your account will be billed the applicable fee in effect at the time of renewal. We reserve the right to terminate your subscription in the case that we are unable to process the payment with the payment card details on file. You may upgrade, downgrade or cancel your account at any time, in the case of cancellation the following payment will be cancelled however you will be able to access the services until the paid subscription expires. In the case of downgrade, your account will be credited, and the following payment will be automatically adjusted. Published collections will stay online for as long as the user’s subscription is active. In the case a subscription is cancelled, all images will be kept for 60 days from the cancellation date, during which the users could re-activate the account and retrieve all the images. Each account may be cancelled and re-activated a maximum of one time. Once the subscription has been cancelled for 60 days, all images will be removed from our database. In the event that we are not able to keep your content for the said length of time, we reserve the right to refund you a pro-rated amount of what was originally paid, and be relieved of any further obligations.

We may modify, suspend, or discontinue any of the features attached to the accounts at any time, at our sole discretion and without prior notice. CloudGallery resizes the images you upload for displaying and for client download purposes. You take full responsibility for using the features offered by CloudGallery and you hereby expressly and irrevocably release and forever discharge CloudGallery from any actions, suits, losses or liabilities arising directly or indirectly out of your use of the site and it’s features and Services.

8. Third Party Sites and Information

This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

9. Intellectual Property Information

By accepting these Terms of Service, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of W J Studio Ltd. You are only permitted to use the content as expressly authorized by us or the specific content provider. You may not copy, modify, republish, upload, post, transmit or distribute any documents or information from this site in any form or by any means without prior written permission before reusing any copyrighted material that is available on this site. Any unauthorised use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. Nothing in these Terms of Service grants you any right to use any trademark, service mark, logo, and/or the name of CloudGallery.

10. Unauthorised Use of Materials

Subject to our Privacy Policy, any communication or material that you transmit to this site or to us, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes it’s copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to us immediately. To be effective, the notification must include:

1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed.

2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.

3. Provide information reasonably sufficient to permit us to contact you. (Email address is preferred.)

4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address preferred).

5. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, it’s agent, or the law.”

6. Signature

7. Please send it to support@cloudgallery.co.uk

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the appropriate Copyright Office for adjudication.

We do our best to not get involved in account disputes. In the case that we cannot reasonably determine the rightful account owner, we reserve the right, in our sole discretion, to suspend the disputed account without notice to you.

11. Disclaimer of Responsibilities

All services on this site are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including, but not limited to, the warranty of non-infringement. Without limiting the foregoing, we make no warranty that (A) the services and materials will meet your requirements, (b) the services and materials will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the services or materials will be effective, accurate or reliable, or (d) the quality of any services, or information purchased or obtained by you from the site from us or our affiliates will meet your expectations or be free from mistakes, errors or defects.

This site could include technical or other mistakes, inaccuracies or typographical errors. We may make changes to the materials and services at this site, including the prices and descriptions of any products listed herein, at any time without notice. The materials or services at this site may be out of date, and we make no commitment to update such materials or services.

The use of the services or the downloading or other acquisition of any materials through this site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities.

Through the use of this site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services to you.

12. Limitation of Liability

In no event shall we or our affiliates be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of this site or of any web site referenced or linked to from this site.

Further, we shall not be liable in any way for third party goods and services offered through this site or for assistance in conducting commercial transactions through this site, including without limitation the processing of orders.

13. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including legal fees, that arise from your negligent use or wilful misuse of this site. We reserve the right, at our own experience, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in ascertaining any available defences.

14. Security and Password

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer to share your account.

We provide multiple security options for you to protect the privacy of your content. You are encouraged to familiarise yourself with the various settings to help you properly manage your account. You hereby acknowledge and understand that all content you upload to the platform may become accessible to the public, and it may be used, downloaded, linked to, and archived by others, and may appear on other websites and in search engine results. We will take all reasonable effort to protect your account, privacy and content, however we cannot guarantee absolute security of your account and all the content you have provided. We cannot guarantee that our security measures will prevent any third party, or hackers from illegally gaining access to your account and content, and we assume no responsibility for any illegal access of your account and content as a result. You accept all risks of any unauthorised access to all information you provide to CloudGallery including but not limited to registration information, content, and account information. In the case that you are aware of any unauthorised access of your account, password and/or content, you must notify CloudGallery immediately.

15. Email, Messaging, Blogging, and Chat Services

We may make email communications available to our users of our site. We do not inspect or disclose the contents of private Communications except with the consent of the sender or the recipient.

16. International Use

Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United Kingdom and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.

17. Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your access to all our part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Service. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

18. Notices

All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at support@cloudgallery.co.uk. Notices to you may be sent to the address supplied by you as part of your Registration Data. You may send you notifications triggered by certain actions in your account; you may opt our of some of these notifications by updating the settings in your account. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.

19. Entire Agreement

These Terms of Service constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Service may not be altered, supplemented or amended by the sue of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Service, these Terms of Service shall take precedence.

20. Miscellaneous

In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney’s fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the case of action arises or be deemed forever waived and barred. You may not assign your rights and obligations under these Terms of Service to any party, and any purported attempt to do so will be null and void. We may free assign our rights and obligations under these Terms of Service.

You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of access to this site. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, beyond our reasonable control, whether or not similar to those which are enumerated above.

If any part of these Terms of Service is held invalid or unenforceable, that portion shall be constructed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of these Terms of Service or related rights shall not constitute a waiver of that right or provision.

21. Contact Information

Except as explicitly noted on this site, the services available through this site are offered by CloudGallery.co.uk. If you notice that any user is violating these Terms of Service, please contact us at support@cloudgallery.co.uk
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