Gallery Stock

Website Terms of Use

Terms & Conditions

Last Updated: Feb 27, 2025

TERMS OF USE

These website Terms are not intended to alter the terms or conditions of any content license agreement you may have with Trunk Archive, Gallery Stock or its subsidiaries or affiliates, or divisions, and to the extent of any conflict, the terms of your content license agreement will prevail.

1. Acceptance

www.gallerystock.com and its subsidiaries, affiliates, or divisions’ websites that link to these Terms, is a website (the “Websites”) operated by Great Bowery, Inc. (“Great Bowery”). Great Bowery is a corporation based in New York at 433 Bowery, New York, NY 10012. By visiting and using the Websites, you agree, without limitation or qualification, to be bound by these terms and conditions of use (the “Terms”), and the Gallerystock Privacy Policy (the “Privacy Policy”) incorporated herein by reference. Great Bowery reserves the right to change any of the Terms contained herein or any Privacy Policy or guideline of the Websites, at any time and in its sole discretion. When we make changes, we will revise the “last updated” date at the top of the Websites Terms. Any changes will be effective immediately upon posting on the Websites. Your continued use of the Websites following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Websites Terms periodically. We do not guarantee that the Websites, or the Contents (as described in more detail below), will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the Websites without notice. We will not be liable to you if for any reason the Websites is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Websites. You are also responsible for ensuring that all persons who access the Websites through your internet connection are aware of and comply with these Terms. The materials provided on the Websites are protected by applicable law, including, but not limited to, United States copyright laws and international treaties.

2. Privacy Policy

Great Bowery is committed to protecting your privacy. Please refer to the Gallerystock Privacy Policy for information on how we collect, use and disclose Personal and Anonymous Information. To the extent there is an inconsistency between these Terms the Privacy Policy, the Privacy Policy as applicable shall govern. You are responsible for providing information that is accurate, current and complete. 

3. Use Restrictions

The content on the Websites, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from Great Bowery licensors, and other materials (the “Contents”) is protected by intellectual property rights under both United States and foreign laws. Ownership of the Contents remains with Great Bowery or our licensors. All rights not expressly granted herein are reserved to Great Bowery and its licensors. Any reproduction, modification, distribution, transmission, republication, display or performance of the Contents contained on the Websites, or the creation of any derivative works therefrom, in any manner is strictly prohibited. Additionally, you shall not reverse engineer, alter or modify any part of the Websites or the Contents or circumvent, disable or otherwise interfere with security-related features of the Websites or any system resources, services or networks connected to or accessible through the Websites. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside. You may not use the Websites for any purpose that is unlawful or prohibited by these Terms, including to defame, harass, stalk, threaten, abuse or otherwise violate the rights of a third party as defined by applicable law. You agree that you will not remove or modify any acknowledgements, credits or legal notices contained on the Websites or in the Contents. Where applicable, you shall include the following copyright notice: “Copyright © 2024, Great Bowery, Inc. All rights reserved”. If for any reason you create any derivatives or improvements to the Contents, all right, title and interest, including intellectual property rights in such derivatives vest in Great Bowery, Inc., immediately upon creation. You hereby assign to Great Bowery Inc., all right title and interest in all such derivatives and shall sign all documentation necessary or desirable to give effect to this paragraph.

4. Machine Learning

No machine learning, AI, or biometric technology use.   You may not use the content (including any caption information, keywords or other metadata associated with content) for any machine learning and/or artificial intelligence purposes or for any technologies designed or intended for the identification of natural persons.

5. Unsolicited Material

Great Bowery does not accept unsolicited submissions of any kind. All submissions may be deleted unread or destroyed, at Great Bowery’s discretion. You hereby grant to Great Bowery an irrevocable, perpetual, royalty-free license (including the right to sublicense to third parties) to exercise the intellectual property rights in any submissions made by you or on your behalf in connection with the Websites. You represent and warrant that use by Great Bowery or its licensees will not infringe the intellectual property rights or other rights of any third-party.

6. Hyperlinks 

We are not responsible for the content of any sites linked to or from this site. Links appearing on this site are for convenience only and are not an endorsement by us or our partners of the referenced content, product, service, or supplier. Your linking to or from any other sites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of any other sites linked to or from this site, nor do we assume any responsibility or liability for the actions, content, texts, graphics, videos, images, music, data, products, or services of such sites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all other sites that you visit.

7. Disclaimer and Liability

Your use of and browsing on the Websites are done at your own risk. Neither Great Bowery, its affiliates, subsidiaries, or divisions, nor any other party involved in creating, producing or delivering the Websites shall be liable under any circumstances for any direct, indirect, incidental, consequential or punitive damages arising out of or in connection with your access to, or use of, the Websites or its Content. Great Bowery makes no representation or warranty as to the accuracy, completeness, adequacy, timeliness or usefulness of the Contents of the Websites, nor does Great Bowery promise that the Websites will remain available. Great Bowery reserves the right at any time to terminate all or any portion of the Websites without notice to you. We do not guarantee that the Websites will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access the Websites. Great Bowery will not be liable for any loss or damage caused by a virus, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Websites or to your downloading of any Contents on it, or on any website linked to it. 

This site is presented "as is". We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or this site, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable. You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to this site; (c) data non-delivery, misdelivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of links on this site; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of this site, including during link to or from third party sites; (f) any inaccuracies, omissions or misleading, false or deceptive statement in the content; or (g) events beyond our reasonable control. Further, to the fullest extent permitted by law we will not be liable for any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits) related to this site regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum aggregate liability exceed $1,000 USD.

8. Indemnity

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of this site, including your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

9. Applicable Laws

Subject to the provisions of applicable law, these Terms are governed in accordance with the laws of New York, United States of America, without regard to its conflict of law provisions. You and Great Bowery hereby expressly consent and submit to the exclusive jurisdiction of the state and federal courts of New York County, New York, United States of America for the adjudication or disposition of any claim, action or dispute arising out of these Terms.

The Terms shall be construed in accordance with the laws of the State of New York, without regard to provisions on the conflicts of laws. Any and all claims, whether based on past, present, or future events, arising out of or relating in any way to these Terms (including the enforcement of any provision in the Terms of Use), the Privacy Policy, the Website, or any service offered through the Website (collectively, a "Dispute"), shall be submitted to final and binding arbitration before JAMS, or its successor, pursuant to the United States Arbitration Act, 9 U.S.C. Sec. 1 et seq., including the arbitrability of any such Dispute. You must give written notice to Great Bowery Inc by sending an email to legal@greatbowery.com and attempt in good faith to resolve any dispute arising out of or relating to these Terms by negotiating in good faith with Great Bowery Inc for a period of sixty (60) days after providing notice before you can initiate an arbitration related to these Terms of Use.

The arbitration shall take place in New York City, New York before a single arbitrator who is jointly selected and mutually approved by the parties. The arbitrator shall serve as a neutral, independent, and impartial arbitrator. All decisions of the arbitrator shall be final, binding, and conclusive on the parties and shall constitute the only method of resolving disputes or matters subject to arbitration pursuant to the Terms of Use; provided, however, nothing shall prohibit the parties from seeking injunctive relief and/or other equitable remedies in a court of competent jurisdiction. The arbitrator or a court of appropriate jurisdiction may issue a writ of execution to enforce the arbitrator's judgment. Judgment may be entered upon such a decision in accordance with applicable law in any court having jurisdiction thereof. The arbitrator is not empowered to award special, punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. The arbitration procedure and the results thereof will be considered confidential information of both parties.

10. Minors

Minors (persons under the age of 18) are not eligible to use this site unsupervised and we ask that minors do not access or use this site or submit any personal information to us.   By using this site unsupervised, and/or registering for an account, you warrant that you are 18 years of age or older.

11. Waiver and Severability

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

12. Notice and Take Down Procedures

In accordance with the Digital Millennium Copyright Act (“DMCA”), if you believe the Contents accessible on or from the Websites infringes your intellectual property rights, you may request removal of Content (or access thereto) from the Websites by contacting Great Bowery and providing the following information:

  • identification of the work that you believe to be infringed. 
  • identification of the Content that you believe to be infringing your intellectual property rights and its location. 
  • your name, address, telephone number, and (if available) email address.
    a statement that you have a good faith belief that the complained-of use of the work is not authorized by the intellectual property rights owner, its agent, or the law;
  • a statement (accompanied by a physical or electronic signature) that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the intellectual property rights owner or authorized representative of the intellectual property rights owner;

If you believe that any material on the Websites infringes upon any copyright that you own or control, you may file a notification of such infringement with our designated agent as set forth below:

Copyright Agent
Great Bowery Inc., Legal Department
32 Mercer Street, 2nd Floor
New York, NY 10013
Phone: (212) 356-0099
E-mail: legal@greatbowery.com

13. Trade Marks

The Gallerystock logo, and any other product or service name or slogan contained in the Websites are trademarks of Great Bowery and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Great Bowery or the applicable trademark holder. In addition, the look and feel of the Websites may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Websites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, or sponsorship.

14. Complete Agreement

You acknowledge and agree that these terms and conditions, which include our privacy policy, constitute the complete and exclusive agreement between us concerning your use of this site.  We may, with or without prior notice, terminate any of the rights granted by these terms and conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of this site. Nothing contained in these terms and conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. No failure to exercise and no delay on the part of either party in exercising any right, remedy, power or privilege of that party under these terms and conditions and no course of dealing between the parties shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. In the event that any provision of these terms and conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these terms and conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision. If you have any questions regarding these terms and conditions, please contact us by email at legal@greatbowery.com.

15. Contact Us.

If you have any questions or concerns regarding the Websites, please contact us by e-mail at info@greatbowery.com.