Terms & Conditions

Terms and conditions

Terms & Conditions

Welcome to the Gallery Sports website (“Website”). This Website is owned and operated by Gallery Sports, LLC (“Gallery Sports”) (“we” and “us”). In addition to the

Content on the Website, the Website provides you with an opportunity to submit personal information for the purposes of receiving various communications from the website, and we may soon offer you opportunities to submit content.

BY USING OUR WEBSITE AND THE SERVICES, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE THE WEBSITE AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THE TERMS OF OUR SERVICE FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR WEBSITE AND ANY AFFILIATE WEBSITES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES.

By using this Website, you agree to such terms and conditions.

• 1. Ownership.

All of the content featured or displayed on the Website, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations

(“Content”), is owned by Gallery Sports, its licensors, vendors, agents and/or its Content providers. All elements of the Website, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services and the Website may only be used for the intended purpose for which such Website and Services are being made available. Except as may be otherwise indicated in specific documents within the Website, you are authorized to view, play, print and download documents, audio and video found on our Website for personal, informational, and noncommercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Website. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrights material that is available on the Website. For purposes of these Terms of Service, the use of any such material on any other website or networked computer environment is prohibited. You shall comply with all

applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Website and Services. The Website, its Content and all related rights shall remain the exclusive property of Gallery Sports or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on this Website.

• 2. Unsolicited Submissions Policy.

Gallery Sports is pleased to hear from its loyal fans and welcomes your comments regarding Gallery Sports. Except where Gallery Sports specifically requests comments or submissions, Gallery Sports does not accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. This policy is designed to avoid the misunderstandings if projects developed by Gallery Sports professional staff seem to others to be similar to their own creative work. Accordingly, Gallery Sports requests that your comments relate to those services and products offered by Gallery Sports, and that you not submit any creative ideas, suggestions, or materials except where specifically requested or solicited. If you do send us an unsolicited submission, you agree not to assert any ownership right of any kind in the unsolicited submission

against Gallery Sports (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract), you hereby grant Gallery Sports a nonexclusive, perpetual, worldwide license to the unsolicited submission in every media and for every purpose now known or hereinafter discovered and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, credit. You release Gallery Sports (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in a way connected with your unsolicited submissions, including without limitation all claims for theft of ideas or copyright infringement.

• 3. Solicited Submission Policy

Where Gallery Sports has specifically incited or requested submission, or does so in the future, Gallery Sports encourages members of the public to submit various user content to Gallery Sports that they have created and they are authorized to upload or distribute in connection with the website (e.g postings to the Gallery Sports website, creation of a Gallery Sports

profile, etc.) and any related programs, books, and broadcasts (“User Submissions”). User Submissions

remain the intellectual property of the individual user or his or her licensors. By posting User Submissions on the Website, you expressly grant Gallery Sports a non- exclusive, perpetual, irrevocable, royalty-free, fully paid- up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology. Whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. Any such User Submissions are deemed non confidential and Gallery Sports shall have no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.

• 4. Inappropriate user Submissions.

Where Gallery Sports has specifically invited or requested submissions, or does so in the future, Gallery Sports does not encourage and does not seek User

Submissions that would violate the rights of any third party, including without limitation, the rights of any third- party copyright owners. Gallery Sports does not encourage, and does not seek User Submissions that result from any activity or content that:(i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute a crime or tort; or (iv) you do not have the rights for or which is subject to statutory limitations that would limit your ability to provide the license in Section 3 above. You agree that you have not and will not engage in any of the foregoing activities in connection with producing your submission. Without limiting the foregoing, you agree that in conjunctions with your submission, you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. Gallery Sports will reject any submissions in which Gallery Sports believes, in its sole discretion, that any such activities have occurred. If notified by a user of a submission that allegedly violates any provision of these Terms of Use, Gallery Sports reserves the right to determine, in its sole discretion, if such a violation has

occurred, and to remove any such submission from the Site.

• 5. Inappropriate Material.

Where Gallery Sports has specifically invited or requested submissions, or does so in the future, you are prohibited from posting or sending any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and his or her agents to civil and criminal penalties. You further understand and agree that posting advertisements on the Website or sending unsolicited email advertisements to any user of the Website or the Website or through Voice computer systems is expressly prohibited by these Terms of Service. Any such unauthorized use of our computer systems is a violation of these Terms of Service and

applicable “anti spam” laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate

removal of the related materials from this Website. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

• 6. Advertising Rights.

Gallery Sports reserves the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with your creative submission, and Gallery Sports and its licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in these additional terms obligates or may be deemed to obligate Gallery Sports to sell, license or offer to sell or license any advertising, promotion or distribution rights.

• 7. Framing this Website.

Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another Website without our prior written permission is prohibited. Any permitted links to

this Website must comply will all applicable laws, rule and regulations.

• 8. Third Party Links.

From time to time, this Website may contain links to websites that are not owned, operated or controlled by Gallery Sports or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other Website, nor any products or services that you buy from that website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations as to the products or services that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.

• 9. Account Registration and Security.

You understand that you may need to create an account to have access to all of the parts of the Website. In consideration of your use of the Website, you will: (a)

provide true, accurate, current and complete information about yourself and your business as prompted by the

Website’s registration form (such information being the

“Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Gallery Sports has reasonable grounds to suspect that such. information is untrue, inaccurate, not current or incomplete, Gallery Sports has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services and Website. We have the right to provide user account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able access your account so you should take reasonable steps to protect this information.

• 10. No Endorsement of User Published Content.

Where Gallery Sports has specifically invited or requested submissions from users, or does so in the future, user published Content does not represent the views of Gallery Sports or any individual associated with Gallery Sports, and we do not control this Content. In no event shall you represent or suggest, directly or

indirectly, Gallery Sports’ endorsement of user published Content. Gallery Sports does not vouch for the accuracy or credibility of any user published Content on our Website, and does not take any responsibility or assume any liability for any actions you may take as a result of reading user published Content on our Website. Through your use of the Website and Services, you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our Website, you assume all associated risks.

• 11. Access and Interference.

You agree that you will not use any robot, spider, scraper or other automated means to access the

Website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (li) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Website; or (ill) bypass any measures we may use to prevent or restrict access to the Website. • 12. Force Majeure. Neither Gallery Sports nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

• 12. LIMITATION OF LIABILITY AND TIME LIMITATION FOR CLAIMS

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GALLERY SPORTS, ITS AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR ITS LICENSORS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SERVICE OR ANY CONTENT THEREON FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF ONE HUNDRED DOLLARS ($100), EVEN IF GALLERY SPORTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. UNDER NO CIRCUMSTANCES WILL GALLERY SPORTS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE OR YOUR USE OF THE SERVICE AND/OR SITE, THESE TERMS OF USE, OR

THE RELATIONSHIP BETWEEN US, MUST BE COMMENCED WITHIN ONE YEAR OF THE RELEVANT EVENTS. A DISPUTE IS COMMENCED IF IT IS FILED IN AN ARBITRATION OR, IF THE DISPUTE IS NON-ARBITRABLE, A COURT WITH JURISDICTION, DURING THE ONE-YEAR PERIOD. IF YOU OR WE PROVIDE NOTICE OF A DISPUTE UNDER SECTION 16

(DISPUTE RESOLUTION), THE ONE-YEAR PERIOD IS TOLLED FOR 60 DAYS FOLLOWING RECEIPT OF THE NOTICE OF DISPUTE. YOU AND WE EACH WAIVE-THAT IS, GIVE UP THE RIGHT TO PURSUE ANY DISPUTE, CLAIM OR CONTROVERSY THAT IS NOT FILED WITHIN ONE YEAR AND ANY RIGHT YOU OR WE MAY HAVE HAD TO PURSUE THAT DISPUTE, CLAIM OR CONTROVERSY IN ANY FORUM IS PERMANENTLY BARRED.

The Service is controlled from its facilities in the United States. Gallery Sports makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not

use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.

Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

• 13. Representations and Warranties.

Where Gallery Sports has specifically invited or requested submissions, or does so in the future, you shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent and warrant the following: (i) You have the right and authority to enter into this Agreement, and are fully able and competent to satisfy the terms, conditions and obligations therein; (ii) You have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, to grant the license in Section 3; (iii) if necessary. You have the written consent of each and every identifiable natural person in the User

Submission to use such persons name or likeness in the manner contemplated by the Website and this Agreement, and each such person has released you from any liability that may arise in relation to such use; (iv) You have read, understood, agree with, and will abide by the terms of this agreement; (v) You are not, and have not been an agent of Gallery Sports and were not and are not acting on behalf of, or as a representative of, Gallery Sports or any other party in connection with the User Submission; (vi) the User Submission and Gallery Sports use thereof as contemplated by this Agreement and the Gallery Sports Website will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity; (vii) You are not, nor is any other person who appears in your User Submission, a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA) or any other rights society; (viii) You have not and will not engage in any of the following in connection with the production of, your appearance in, or contribution(s) to your User Submission: infliction of injury to any person or animal, humiliation of any person (whether public or private), infliction of emotional distress on any person, assault or battery of any person, damage to any property without permission, entry on any property without permission, or any other act or omission that could give rise to civil and/or criminal liability; (ix) The User Submission does not contain: (a)

material falsehoods or misrepresentations that could harm Gallery Sports or any third party; (b) content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (c) advertisements or solicitations of business; or (d) impersonations of third parties, other than those which are readily apparent.

• 14. DISCLAIMERS.

YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE

PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER GALLERY SPORTS, NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND NEITHER GALLERY SPORTS, NOR ANY OF ITS AFFILIATES MAKES ANY

COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

• 15. LIMITATIONS OF LIABILITY.

Gallery Sports does not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Website, or your downloading of any information or materials from this Website. We do not guarantee continuous, uninterrupted or secure access to our Website or Services, and operation of the Website may be interfered with by numerous factors outside of our control. IN NO EVENT WILL GALLERY SPORTS, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES

(INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, YOU SPECIFICALLY ACKNOWLEDGE THAT GALLERY SPORTS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE.

• 16. SHARING YOUR CONTENT

A. Your content. Gallery Sports allows you to post content on the Service, including comments, photos, blog posts, messages, blog URLs, and other materials. Any content a User submits, posts, displays, or otherwise makes available on the Service, including all Intellectual Property Rights (defined below) therein, is

referred to as “User Content.”

B. How Gallery Sports and other Users can use your content. Unless you have entered into a separate assignment agreement with Gallery Sports, you own all

of the User Content that you post or publish (“post”) on the Service. Subject to your profile and application settings, you grant us a non-exclusive, perpetual, irrevocable, royalty free, transferable, sub licensable, worldwide license to use, reproduce, sell, offer to sell, translate, modify, publicly perform, publicly display, distribute, and make derivative works of your User Content on the Service and in all forms and media now or hereafter known for the purposes of operating and providing the Service to you and our Users. Nothing in

this agreement shall restrict Gallery Sports’ rights under any separate content assignment agreements and/or license agreements.

C. Your responsibility for your content. By uploading, posting, submitting or otherwise disclosing or distributing

User Content, you represent and warrant that you own all rights in your User Content and that any User Content you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (defined below) or rights of publicity or privacy. Gallery Sports reserves the right, but is not obligated, to reject and/or remove any User Content that we believe, in our sole discretion, violates these provisions. Gallery Sports takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. Gallery Sports is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that Gallery Sports shall not be liable for any damages you allege to incur as a result of such User Content.

D. Definition of Intellectual Property Rights. For the purposes of this Agreement, “Intellectual Property Rights”

means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction E. User Content Programs. We may provide various opportunities and programs

relating to User Content on the Service (“User Content Programs”). Some User Content Programs may require you to submit an application to participate, which Gallery Sports may approve or deny in its sole discretion. Your use of the Service, including without limitation participation in any User Content Program, is strictly on a volunteer basis for the benefit of you and the public at large, and does not form an employer employee relationship, partnership, or co-authorship between you and Gallery Sports. While Gallery Sports may reward you for your participation in a User Content Program, you will not receive any compensation of any type for your participation, and you acknowledge that you are participating in the program solely for your own personal benefit and desire to contribute to the program. You

acknowledge and agree that Gallery Sports does not have the right to and shall not control the manner and method in which you may create your User Content. Any suggestions Gallery Sports may make about your User Content are only suggestions, based on our understanding of how Users typically access Content and use the Service. You are not required to implement any suggestion made by Gallery Sports regarding your User Content or to perform any requested activity or task, and you do so at your own volition and risk. You agree that you are the sole author of your User Content, and that Gallery Sports does not participate in the creation of any of your User Content.

• 17. Indemnity.

You agree to defend, indemnify and hold Gallery Sports, and any party or individuals affiliated with or involved in the creation of Gallery Sports harmless from any and all liabilities, costs, and expenses, including reasonable

attorneys’ fees, related to or in connection with (i) the use of the Website or the Internet or your placement or transmission of any message or information on this Website by you or your authorized users; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party

right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any User Submission that you

provide to Gallery Sports; or (vi) any other party’s access and use of the Website with your unique username, password or other appropriate security code.

• 18. Release.

In the event that you have a dispute with one or more other users of the Website, you release Gallery Sports and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

• 19. Termination.

You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. We may also block your access to our

Website in the event that (a) you breach these Terms of Service; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

• 20. General.

Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the State of Texas. You consent to the exclusive jurisdiction of the state and federal courts located in Texas. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these terms of service and all incorporated agreements may be automatically assigned by Gallery Sports in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or

describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Service set forth the entire understanding and agreement between us with respect to the subject matter hereof. 11 (Access and Interference), 18 (Release), 15 (Liability Limit), and 17 (Indemnity) shall survive any termination or expiration of this Agreement.

• 21. COMPLIANCE WITH LAWS

The Company cooperates with government and law enforcement officials to enforce and comply with the law. We may therefore disclose personal information, usage data, message data, and any other information about you, if we deem that it is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process (such as a subpoena or court order), or enforceable governmental request; (b) enforce the Terms of Use, including investigation of potential violations thereof; (c) detect, prevent, or otherwise address fraud, security or technical issues; or (d) protect against harm to the rights, property or safety of the Company, its users or the public, as required or permitted by law.

• 22. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE.

In operating the Website, we may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third party websites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Website. Gallery Sports has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website. Gallery Sports has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of Gallery Sports or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Agreement. If you believe any material available via the Website infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c) (2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is

(HELLO@GALLERYSPORTS.COM). Please provide the following notice:

1. Identify the copyrighted work or other intellectual property that you claim has been infringed;

2. Identify the material on the Site that you claim is infringing, with enough detail so that we may locate it on the Site;

3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

4. A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

5. Your address, telephone number, and email address; and

6. Your physical or electronic signature.

We may give notice to our users of any infringement notice by means of a general notice on any of our

websites, electronic mail to a user’s e-mail address in our records, or by written communication sent by first- class mail to a user’s physical address in our records. If

you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

1. Your physical or electronic signature;

2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

• 23. Entire Agreement.

These terms and conditions are the entire agreement between the user and Gallery Sports and supersedes any prior understandings or agreements (written or oral).

• 24. Additional Assistance.

If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us at (HELLO@GALLERYSPORTS.COM)