The Giving Gallery is a way to donate your photos to be sold for the benefit of eduKenya. To an photo, we require that you agree to these terms and conditions (the “Terms”). Please read the Terms carefully. These Terms are between The Giving Gallery and you (“you”). The Terms apply to your submission.

No Unlawful Images; Copyrights

You may NOT upload or offer for sale any of the following:

  • Any material that could give rise to any civil or criminal liability under applicable law.
  • Any material that could infringe rights of privacy, publicity or copyrights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material.

The Giving Gallery is not responsible for the content of images the you submit and expressly disclaims all liability relating thereto. You assume all liability for the content of any image in your submissions. Anyone who submits an image to The Giving Gallery account is required by law to own the right to use any image before the image is uploaded or printed by The Giving Gallery. The Giving Gallery reserves the right to delete, move, or suspend viewing or printing of images if, in our sole discretion, we deem abusive, defamatory, or in violation of copyright or trademark laws or otherwise unacceptable.

The Giving Gallery is committed to protecting photographers’ copyrights. Customers viewing images in The Giving Gallery will not have access to the full-resolution versions of the images. However, we have no way to prevent customers from saving low-resolution versions of the images. The Giving Gallery will never distribute or resell your photo and it’s use is limited solely to print sales via The Giving Gallery website and the promotion of both the photo and the site.

Print Pricing

Print pricing is set at the sole discretion of The Giving Gallery. By submitted your image you agree that The Giving Gallery has the right to establish prices for products featuring your photo and to sell prints of your photo without restriction to size, amount or cost. The Giving Gallery agrees to donate 100% of the proceeds from the sale of your photo to eduKenya. The proceeds are defined as the remaining amount from each person after materials and shipping are paid for.

Cancellation; Suspension/Termination

You may cancel your submission at any time. If you do so, we will take down your photo from the site within 1 week of receiving your request. Cancellation notices should be sent to submission@thegivinggallery.com

Indemnification

You agree to indemnify, defend and hold us, our officers, directors, employees, agents, licensors, suppliers and any third-party information providers harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms, or any activity related to access to or use of your account (including negligent or wrongful conduct) by you or any other person accessing or using your account.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE GIVING GALLERY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF THE GIVING GALLERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE GIVING GALLERY’S SITE OR SERVICES, FROM ANY CHANGES TO THE SITE OR ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE GIVING GALLERY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, THE GIVING GALLERY WITH HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICE.

Miscellaneous
We may assign our rights and responsibilities hereunder without notice to you. If any part of these Terms is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect. These Terms constitute the entire agreement between you and us with respect to your submission, and supersede all other communications, written or oral, with regard to your submission. The failure of The Giving Gallery to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.