Terms of Use

Effective February 29th, 2016

Your use of the be.gallery, llc, (be dot gallery, us, we, our)  Website ("Website") is conditioned upon Your acceptance of these legal terms of use including our privacy policy.   We reserve the right, in our sole discretion, to modify or update these legal terms of use from time to time with immediate effect and without advance notice to You. It is Your responsibility to review these legal terms of use periodically for updates.  After reading these terms and conditions, if for any reason you do not agree with, or you can not abide by these terms, or you can not abide by our Privacy Policy, or you can not certify that you are at least 13 years of age, please exit this page now and this website immediately.  Otherwise, by continuing to use this website, you are agreeing to our terms of use and privacy policy.

Rights to Contents and Intellectual Property

Note: the copyrights to all original materials, content, selection, and arrangement of the Website (including text, user, and visual interfaces, images, look and feel, design, sound, etc.) are proprietary to be.gallery, llc, any affiliates, subsidiaries, or third party licensors. This means you may not copy, reproduce, post on any other Website, republish, upload, encode, modify, translate, publicly perform or display, commercially exploit, distribute or transmit any portion of this Website or make any derivative works from this Website in any way without the express prior written consent of be.gallery, llc.

Any name, logo, trademark, service mark, patent, design, copyright, domain name or other intellectual property appearing on this Website is owned or licensed by be.gallery, llc, affiliates, or subsidiaries and may not be used by You without our prior written consent. Your use of this Website does not grant You any right, title, interest or license to any such intellectual property appearing on this Website. Any unauthorized use of the content of this Website may subject You to civil or criminal penalties.

Use of this Website

be.gallery, llc maintains this Website for Your personal purchases, entertainment, information and education. You should feel free to browse the Website. However, all copying (whether electronic, hard copy, or other format) is prohibited and may breach intellectual property laws and other laws worldwide. All commercial use of all or part of this Website is prohibited without our express written consent. All rights not expressly granted here are reserved to be.gallery, llc.

You may not use any computer program tools, including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm, or methodology, or any similar equivalent process ("Tools") to access, acquire, copy or monitor any portion of the Website or content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain materials, documents or information through any means not purposely made available through the Website. Tools that use the Website shall be considered agents of the individuals who control or author them.

Our online products are offered through sites hosted by Squarespace, which is providing the platform for you to view and complete sales transactions.  When you purchase a product through our hosted website, payments will be processed through a 3rd party payment service provider such as Strip and/or PayPal.  You will be provided a notice when entering your payment information directing you to the 3rd party payment service provider’s terms of service and privacy policy.  These services are governed solely by the 3rd party provider’s terms of service and privacy policy.  We are not responsible for the action of these 3rd party service providers.

No Warranties

be.gallery, llc does not guarantee that this website, or any content therein, or service, or feature of this website will be error-free, or that any defects will be fixed, or that your use of the website will provide specific results.  The website and it's contents are provided to you "as is" and "as available" without warranties of any kind, either explicitly or implied.

be.gallery, llc assumes no responsibility, and shall not be liable for any damages caused by viruses or other forms on contamination or destructive features that may affect Your computer equipment, software, data or other property on account of Your access to, use of, or browsing in the Website or Your downloading of any materials, text, images, video or audio from the Website or any linked Websites.

Limitation of Liability

In no event shall be.gallery, llc, affiliates, subsidiaries or service providers, its licensors, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, including lost profits, whether or not advised of the possibility of such damages, and on theory of liability what so ever, arising out of or in connection with the use or performance of, or Your browsing in, or Your links to other Websites from, this Website. You acknowledge by Your use of this Website, that Your use of this Website is at Your sole risk. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages: if these apply to You, some or all of the above disclaimers may not apply, and You might have additional rights.

Indemnification

You agree to defend, indemnify and hold be.gallery, llc harmless from and against any and all claims, damages, costs and expenses, including reasonable attorney's fees, arising from or related to Your use of the Website.

Additional Terms and Conditions

Additional terms and conditions may apply to purchases of goods and services and to specific portions of features of the Website, including but not limited to sales, operations, or other similar features. You agree to abide by such Application terms and conditions. If there is a conflict between these Terms of Use and the terms of the Application, the terms of the Application will control as relating to the Application.

Communications with this Website

You are prohibited from posting or transmitting 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, give rise to civil liability, or otherwise violate the law. We will fully cooperate, including but not limited to, maintaining and disclosing any transmittals or communications that You have had with this Website, disclosing Your identity or helping to identify You, with any applicable law or regulation, law enforcement authorities, court order, or governmental authority.

Any communication or material You transmit to the Website by email or otherwise, including data, questions, comments, or suggestions, or the like is, and will be treated as, non-confidential and non-proprietary.

Furthermore, we are free to use any ideas, concepts, know-how, or techniques contained in any communication You send to the Website for any purpose what so ever including, but not limited to, developing, manufacturing and marketing products use of such information. If You transmit any ideas, concepts, materials or other communications to the Website, You accept that it will not be treated as confidential and may be used by us without compensation in any manner whatsoever, including without limitation to reproduction, transmission, publication, marketing, product development, etc.

Although we may from time to time monitor or review discussion, chats, postings, transmissions, and bulletin boards, and the like on the Website, we are 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 Website. We assume no responsibility or liability for any actions or communications by You or any related third party within or outside of this Website.

Termination

At its sole discretion, we may modify or discontinue the Website, or may modify or terminate Your account or Your access to this Website, for any reason, with or without notice to You and without liability to You or any third party.

Unaffiliated Products and Websites

Descriptions of, or references to, products, publications or Websites not owned by be.gallery, llc or its affiliates do not imply endorsement of that product, publication, or Website. be.gallery, llc has not reviewed all material linked to the Website and is not responsible for the content of any such material. Your linking to any other Websites is at Your own risk.

Linking Policy

This Website may provide, as a convenience to You, links to websites owned or operated by parties other than be.gallery, llc.. Each linked website may have its own terms and conditions of use, as described in that website's legal notice/terms of use. Those terms and conditions may be different than these legal terms of use, and we urge You to read each website's legal notice/ terms carefully before You use that website. We do not control, and is not responsible for the availability, content or security of these external Websites, nor Your experience interacting or using these external Websites. We do not endorse the content, or any products or services available, on such web sites.

United States Governing Law / Void Where Prohibited

This Website shall be governed by, and Your browsing in and use of the Website shall be deemed acceptance of and consent to, the laws of the State of Maryland, United States of America, without regard to principles of conflict of laws. Notwithstanding the foregoing, this Website may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or service does not imply that they are appropriate or available to all persons of legal purchasing age in all locations, or that be.gallery, llc, intends to make such products or services available in such countries. Any offer for any product, feature, service, or application made on this Website is void where prohibited. 

Your information will be transferred to be.gallery, llc, in the United States, which may be outside of Your own country, and by providing us with Your information, You are consenting to such transfer. Although we will use all reasonable efforts to safeguard the confidentiality of any personal information collected, we will not be liable for disclosure of personal information obtained due to errors in transmission or the unauthorized acts of third parties.