Nely Galán’s 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.

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©2004-2006 Nely Galan. All rights reserved
terms of use // privacy policy