|
Nely
Galáns
Online Terms and Conditions Of Use
Nely
Galán, herein referred to as "Galan Entertainment, Inc.,"
its parent, subsidiary and affiliated companies ("Galan Entertainment")
maintain this Site (the "Site") for your personal information
and education. Please feel free to browse the Site. You may download
material displayed on the Site for non-commercial, personal use
only provided you also retain all copyright and other proprietary
notices contained on the materials. You may not, however, distribute,
modify, transmit, reuse, re-post, or use the content of the Site
for public or commercial purpose, including the text and images,
without Galan Entertainment's written permission.
Your
access to and use of the Site is also subject to the above and
the, following terms and conditions ("Collectively, Terms
and Conditions") and all applicable laws. By accessing and
browsing the Site, you (a "User") accept, without limitation
or qualifications, these Terms and Conditions. If you do not agree
to these Terms and Conditions, you are not permitted to use the
Site.
1.
You should assume that everything you see and read on the Site
is copyrighted unless otherwise noted, and may not be used except
as provided in these Terms and Conditions without the written
permission of Galan Entertainment. Galan Entertainment neither
warrants nor represents that your use of materials displayed on
the Site will not infringe rights of third parties not owned by
or affiliated with Galan Entertainment.
2.
Your use of and browsing in the Site are at your own risk Galan
Entertainment is neither responsible not liable for any viruses
or other contamination of your computer system or other device
used to access the Site as a result of your use of the Site. NEITHER
GALAN ENTERTAINMENT NOR NAY OTHER PARTY INVOLVED IN CREATING,
PRODUCING, OR DELIVERING THE SITE IS LIABLE FOR ANY DAMAGES, INCLUDING
BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, OR PUNITIVE DAMAGES, ARISING OUT OF YOUR ACCESS TO OR
USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON
THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NIT LIMITED
TO, ANY WARRANTIES OF SECURITY, ACCURACY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT: IN NO EVENT WILL GALAN ENTERTAINMENT,
ITS SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING
OR DELIVERING THIS SITE'S CONTENT BE LIABLE FOR THE TRUTH, ACCURACY
OR COMPLETENESS OF ANY INFORMATION ON THE SITE, FOR ERRORS OR
MISTAKES MADE BY HUMANS OR MACHINES, OR FOR ANY ACTUAL, SPECIAL,
INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM
THE USE OF, OR THE INABILITY TO USE, THE SITE AND/OR THE MATERIALS
AND INFORMATION CONTAINED ON OR AVAILABLE THROUGH THE SITE. USE
OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY
AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF
FILES, INFORMATION, OTHER COMMUNICATIONS, CONTENT OR OTHER MATERIAL
(INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH OR
OBTAINED BY MEANS OF THE SITE. Please note that some jurisdictions
may not allow the excluding of implied warranties, so some of
the above exclusions may not apply to you. Check you local laws
for any restrictions or limitations regarding the exclusion of
implied warranties. Galan Entertainment also assumes no responsibility,
and shall not be liable for, any damages to, or viruses that may
infect your computer equipment or other property on account of
your access to, use of, or browsing in the Site or your downloading
of any materials, date, text, or images form the Site.
3. While Galan Entertainment may use reasonable efforts to include
accurate and up-to-date information in the Site, Galan Entertainment
makes no warranties or representations as to its accuracy. Galan
Entertainment assumes no liability or responsibility for any efforts
or omissions in the content of the Site.
4.
The trademarks, logos, and services marks (collectively the "Trademarks")
displayed on the Site are registered and unregistered Trademarks
of Galan Entertainment and others. Nothing contained on the Site
should be construed as granting, by implication, or otherwise,
any license or right to use any Trademark displayed on the Site.
Your misuse of the Trademarks displayed on the Site, or any other
content on the Site, except as provided in these Terms and Conditions,
is strictly prohibited. You are also advised that Galan Entertainment
will aggressively enforce its intellectual property rights to
the fullest extent of the law, including the seeking of criminal
prosecution. ALL RIGHTS RESERVED.
5.
Images of people or places displayed on the Site are either the
property of, or used with permission by, Galan Entertainment.
The use of these images by you, or anyone else authorized by you,
is prohibited unless specifically permitted by these terms and
Conditions or specific permission provided elsewhere on the Site.
Any unauthorized use of the images may violate copyright laws,
trademark laws, the laws of privacy and publicity, and communications
regulations and statues.
6. While we are always happy to hear from you, it is Galan Entertainment's
policy not to accept or consider creative materials, ideas, or
suggestions other than those we specifically request. This is
to avoid any misunderstandings if your ideas are similar to those
we have developed independently. Therefore we must request that
you do not send to us any original creative materials such as
screenplays, stories, original artwork, etc. If, despite our request,
you send us any creative idea, suggestion or material ("Submission"),
it shall become our property. No Submission will be subject to
any obligation of confidence by us, and we will not be liable
for any use or disclosure of any Submission. We will exclusively
own all known or later-existing rights to the Submission worldwide,
and will be entitled to the unrestricted use of the Submission
of any purpose, without compensation to the provider of the Submission.
Communications
made through the Site's e-mail and messaging system shall in no
way be deemed to constitute legal notice to Galan Entertainment
or any of its officers, employees, agents or representatives,
such as where notice to Galan Entertainment is required by contract,
or any federal, state or local laws, rules or regulations.
7.
Although Galan Entertainment may from time to time monitor or
review transmissions and the like on the Site, Galan Entertainment
is under no obligation to do so and assumes no responsibility
or liability arising from the content of any such locations nor
for any error, defamation, libel, slander, omission, falsehood,
obscenity, pornography, profanity, danger, or inaccuracy contained
in any information within such locations on the Site. You are
prohibited from transmitting to Galán entertainment or
through the Site any unlawful, threatening, libelous, defamatory,
obscene, scandalous, inflammatory, pornographic, or profane material
or any material that could constitute or encourage conduct that
would be considered a criminal offense, infringe on the copyright,
patent, trademark, service mark or other rights of any person
or entity, or give rise to civil liability or otherwise violate
any law interrupting, or attempting to interrupt, the operation
of the Site in any way or restricting or inhibiting any other
user from using and enjoying use of the Site, carrying our any
unauthorized alteration of any data or information on or supplied
by another user of the Site, or sending, posting or otherwise
publishing through the Site, any message, material, user name
or other communication that: impersonates any person or entity;
provides personally identifiable information of any person or
entity such as an address or phone number; infringes or violates
the intellectual property rights, contract rights, or any other
rights of any third party; or contains harmful or malicious components
or code designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunication equipment.
Galan Entertainment will cooperate with any law enforcement authority
or court order requesting or directing Galan Entertainment to
disclose the identity of anyone posting any such information or
materials or otherwise violating these terms and conditions. The
User undertakes to use the Site and its contents diligently, correctly
and in a legal manner and, in particular, undertakes to abstain
from (a) using the Site or its contents for ends or purposes that
are in violation of the law, of generally accepted ethics and
proper conduct and public order; (b) reproducing or copying, distributing,
permitting access to the public by any means of public communication,
transforming or modifying the Site and its contents, unless granted
the authorization to do so be the titleholder of the corresponding
rights there over or if it is legal to do so; (c) deleting, avoiding
or manipulating the "copyright" and other identifying
data as to the rights held by Galan or other titleholders incorporated
into the Site and its contents, as well as the technical protection
devices, digital fingerprints or any other information mechanisms
that might be contained in the contents; (d) using the Site and
its contents and, in particular, information of any kind accessed
through the Site in order to send advertising or communications
for the purposes of direct sale or for any other commercial purpose,
un-requested messages addressed to multiple persons independently
of the purposes thereof, as well as abstain from commercializing
or disclosing such information in any way. Interrupting, or attempting
to interrupt, the operation of the Site in any way or restricting
or inhibiting any other user from using and enjoying use of the
Site, carrying our any unauthorized alteration of any data or
information on or supplied by another user of the Site, or sending,
posting or otherwise publishing through the Site, any message,
material, user name or other communication that: impersonates
any person or entity; provides personally identifiable information
of any person or entity such as an address or phone number; infringes
or violates the intellectual property rights, contract rights,
or any other rights of any third party; or contains harmful or
malicious components or code designed to interrupt, destroy or
limit the functionality of any computer software or hardware or
telecommunication equipment. Galan Entertainment reserves the
right to deny or withdraw access to the Site, at any time and
without being required to issue prior warning, to any Users that
fell to comply with these terms and conditions.
8.
Galan Entertainment respects the privacy concerns of the users
of the Site. Click here to view our privacy policy. Your use of
the Site constitutes your consent to the Privacy Policy posted
for time to time on the Site.
9.
As a general policy, no personal information is automatically
collected from users of the Site.
However, certain non-personal information is recorded by the standard
operation of Galan Entertainment's Internet servers. Information,
such as the type of browser being used, its operating system,
and your domain name, is gathered in order to customize your online
experience. Other uses of this information include internal review
of the number of users on the Site, but only in aggregate and
non-personally-identifiable form. This data may be provided to
third parties for marketing, advertising and other uses.
10.
You agree to indemnify, defend and hold Galan Entertainment and
its affiliates, and their respective officers, directors, employees,
owners, agents, information providers, licensors, successors and
assigns (collectively, the "Indemnified Parties") harmless
from and against any and all claims, liability, losses, cost and
expenses (including attorneys' fees) incurred by any Indemnified
Party in connection with your use of the Site, any of its contents,
or any breach by you of these terms and conditions. Galan Entertainment
reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification
by you and in such case you agree to cooperate with Galan Entertainment
in defense of such claim.
11.
The Site is controlled and operated by Galan Entertainment for
its offices within the State of California, United States of America.
Galan Entertainment makes no representation that materials in
the Site are appropriate or available for use in other locations
and other countries. Those who choose to access the Site from
other locations do so on their own initiative and are responsible
for compliance with local laws, if and to the extent local laws
are applicable.
This agreement shall be governed by, constructed and enforced
in accordance with the laws of the State of California without
regard for conflict of law principles, as it is applied to agreements
entered into and to be performed entirely within such State. Any
action you, any third party or Galan Entertainment may bring to
enforce this agreement, or in connection with any matters related
to the Site, shall be brought only in either the state or federal
courts located in Los Angeles County, California, and you expressly
consent to the jurisdiction of said courts. If any provision shall
be deemed severed from this agreement and shall not affect the
validity and enforceability of any remaining provisions. This
agreement is the entire agreement between the parties relating
to the matters contained herein and shall not be modified except
in writing, signed by Galan Entertainment.
12.
Galan Entertainment does not guarantee privacy and security when
using the Site and, in particular, does not guarantee that unauthorized
third parties cannot abtain knowledge of the type, conditions,
characteristics and circumstances of use made by the users of
the Site. GALAN IS FREE FROM ALL LIABILITY FOR DAMAGES AND LOSSES
OF ANY NATURE DERIVING FROM THE KNOWLEDGE THAT THIRD PARTIES MAY
OBTAIN AS TO THE TYPE, CONDITIONS, CHARACTERISTICS OF USE AND
CIRCUMSTANCES UNDER WHICH THE USERS USE THE SITE.
13.
Reproduction, copying, or redistribution of materials on the Site
for commercial purposes is prohibited without the express written
permission of Galan Entertainment. To obtain permission to copy
portions of this Site, please send email to moreinfo@nelygalan.com
and provide the following information in the body of the email:
o
The contents you wish to use;
o Where, when and how it will be used (for example, a seminar,
newsletter or news articleL;
o Where and how copies will be distributed and to what audience;
o How many copies will be produced and distributed;
o What other materials will be associated with the Site content;
and
o Your name, title, company, address, email address, and phone
number.
We
will evaluate and respond to your request as soon as possible.
Galan Entertainment reserves the right to refuse permission to
copy, distributes, broadcast, or publish any of its copyrighted
material, including text and images on our Site.
13. Links may appear on the Site that may be used to link to other
Site(s). These links are provided as a courtesy to our Site visitors.
Galan Entertainment has no control over the linked Sites or the
materials, information, goods or services available or contained
on these linked Sites. Galan Entertainment is not responsible
for and does not endorse or warrant in any was any materials information,
goods or services available through such linked Sites or any privacy
or other practices of such Sites. If you decide to access any
of the linked Sites you do so entirely at your own risk. Galan
Entertainment reserves the right to terminate any link at any
time.
14.
Galan Entertainment may at any time revise these terms and conditions
by updating the posting. You are bound by any such revisions and
should therefore periodically visit this page to review the then
current terms and conditions.
TM
& © 2005 Nely Galán / Galan Entertainment, Inc.
All rights reserved. Do not duplicate or redistribute in any form.
back
to top
|