PR Galleria and Pro Galleria Terms and Conditions

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the www.prgalleria.com website (the “Service”) operated by PR Galleria and Pro Galleria (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

PR GALLERIA TERMS OF USE (SERVICE) FOR INFLUENCERS

1. PR Galleria is a technology platform that provides services that enable brands to offer samples of their products or services to influencers, media, and VIPs.
2. PR Galleria uses a membership system; the members are defined as selected influencers, media, and VIPs that have exclusive access to our services.
3. Members and brands acknowledge that PR Galleria does not sell, manufacture, or provide services as any of the sample offers found in the platform. All sample offers are provided by the brands.
4. The offers and their use are subject to the terms and conditions relevant to those brands.
5. PR Galleria makes no warranty or guarantees in whole or in part that offers quality, performance, and merchantability of the offers from brands. This is the responsibility of the brands, and it is beyond PR Galleria’s reasonable control.
6. While the PR Galleria team endeavors to facilitate brands to deliver their sample offers, we do not guarantee availability or deliverability from the brand. PR Galleria is not responsible for delays in delivery, availability, or obligation to fulfill these offers. PR Galleria, at its discretion, will remove a brand from the platform should it not consistently deliver on its sample offer.
7. All liability for any loss or damage, including any property damage, personal injury, or death to the member or any third party arising from the use of any offer use shall be the sole responsibility of the member, and the members shall indemnify and hold harmless PR Galleria and its brands for any claims therefore.
8. There is no requirement for members to purchase these offers from brands that are provided free of charge, including delivery and fulfillment charges.
9. PR Galleria offers “pay only for results” and reserves the right to stop the Service with prior notice. You acknowledge and agree that PR Galleria shall not be liable for any modification of the Service and has no obligation (express or implied) to provide or continue to provide the Service now or in the future.
10. Samples are provided free of charge, and PR Galleria is not responsible or shall not be held liable in any manner for any undelivered content (Including content that the Influencer or Media won’t post) content of undelivered samples is at the discretion of the Influencer or Media, who may or may not post them as they see fit.

Membership Accounts and Obligations

1. PR Galleria will provide sample offers from brands which include obligations in return for receiving the sample. Members are required to adhere to these obligations.
2. PR Galleria reserves the right to request for the samples to be returned or compensated for the sample value if the obligations are not met.
3. In order to use PR Galleria, members must be at least 18 years of age or the age of legal majority in your jurisdiction (if different than 18. We require personal information, such as member name, delivery address, and mobile phone number to be a member.
4. Members are responsible for all activity that occurs under your membership, and you always agree to maintain the security and secrecy of your username and password. Members may only possess one membership.
5. Members creating and providing content generated from the brand offers shall remain as the property of the member. However, you grant PR Galleria, for promotional and reporting purposes only and only within PR Galleria’s website, Instagram, Facebook, and marketing materials, a worldwide, perpetual, irrevocable, transferrable, royalty-free license to use without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
6. As a member, you agree not to provide content in relation to brands sample offers that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by the brand in its sole discretion, whether or not such material may be protected by law.
7. Members acknowledge and agree to license content to PR Galleria and Brands for the purpose of sharing to their social media channels only and be properly credited to members’ work. This includes members granting PR Galleria and its brands a limited, non-exclusive, royalty-free, right, and license to feature content generated by the Member’s to be shared for purposes limited to Facebook, Instagram, TikTok, Twitter, Tumblr, Twitch, YouTube, Pinterest, Vine, Twitch, and brand website blogs.

Product or Sample Performance

While every care is ensured to provide the product samples to our members and all relevant information about the product, PR Galleria will not be held responsible for how the product performs during the review process by the media & influencers that may arise during their evaluation.

How your product performs includes objective performance benchmarks against your competitors and subjective interpretations such as the design and effectiveness, colour, value, and presentation of the product. PR Galleria will not be held responsible for any loss, stolen, damaged or faults to brand products that may arise during member testing and handling.

PRO GALLERIA TERMS OF USE (SERVICE) FOR CREATORS

1. Pro Galleria is a technology platform that provides services that enable creators to showcase marketing proposals and services from Brand
2. Pro Galleria invites talent defined as selected Influential people, brand ambassadors, content creators, esports teams, and event organisers
3. The proposals and their use are subject to the terms and conditions relevant to those talents.
4. Pro Galleria makes no warranty or guarantees in whole or in part that offers quality, performance, and merchantability of the offers from talent. This is the responsibility of the talent, and it is beyond Pro Galleria’s reasonable control.
5. While the PR Galleria team endeavours to facilitate talent to deliver their proposal offers, we do not guarantee availability or deliverability from the talent. Pro Galleria is not responsible for delays in delivery, availability, or obligation to fulfil these offers. PR Galleria, at its discretion, will remove talent from the platform should it not consistently deliver on its proposal offer.
6. All liability for any loss or damage, including any property damage, personal injury, or death to the member or any third party arising from the use of any proposal shall be the sole responsibility of the member, and the members shall indemnify and hold harmless Pro Galleria and its brands for any claims therefore.
7. Members agree to adhere to the terms and conditions set forth by Pro Galleria. This includes, but is not limited to, including payment of a 12%-15% fee upon the use of the program.
8. Pro Galleria reserves the right to make changes to the program at any time.
9. Members agree to indemnify and hold harmless Pro Galleria and its affiliates against any claims or liability arising out of the use of the program.
10. Pro Galleria reserves the right to refuse service to any members for any reason.

PRO GALLERIA TERMS OF USE (SERVICE) FOR BRANDS

1. Pro Galleria is a technology platform that provides services that enable brands to view marketing proposals and services from talent, content creators, and/or event Organisers.
2. Brands are invited to use the platform to discover and connect with talent that aligns with their brand values and marketing objectives.
3. The use of proposals and services offered by creators on the platform is subject to the terms and conditions set forth by Pro Galleria.
4. Pro Galleria is a technology platform that provides services to enable creators to showcase their marketing proposals and services to brands. 
5. While we make every effort to ensure the credibility of the creators and the quality of the proposals on our platform, we cannot guarantee the quality or effectiveness of any proposals or services offered by creators. Therefore, the use of any proposal or service offered by a creator is at the member or brand’s own discretion, and Pro Galleria is not liable for any loss or damage resulting from the use of such proposals or services. 
6. While Pro Galleria will make reasonable efforts to ensure that proposals and services are delivered as promised by the creators, Pro Galleria is not responsible for any delays, failures, or other issues that may arise.
7. All liability for any loss or damage, including any property damage, personal injury, or death to the brand or any third party arising from the use of any proposal or service shall be the sole responsibility of the brand, and the brand shall indemnify and hold harmless Pro Galleria and its talent for any claims therefore.
8. Pro Galleria reserves the right to make changes to the platform and its services at any time.
9. Brands agree to indemnify and hold harmless Pro Galleria and its affiliates against any claims or liability arising out of the use of the platform.
10. Pro Galleria reserves the right to refuse service to any brand for any reason.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Indemnification

The Brands agree to defend, indemnify, and hold The Gap Agency and its officers, employees, and partners harmless from all claims, demands, damages, and expenses, including reasonable attorneys’ fees, and other expenses falling upon The Gap Agency through legal actions or threatened legal actions brought assertions and misleading information in any information issued by The Client, which The Gap Agency distributed to the media, influencers or reviewers.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by PR Galleria and Pro Galleria.

PR Galleria and Pro Galleria has no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that PR Galleria shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Governing Law

These Terms shall be governed and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Updated Date: 10th October 2019

Contact Us

If you have any questions about these Terms, please contact us at [email protected].