END-USER SERVICE AGREEMENT and PRIVACY POLICY

THE GORGE GALLERY.COM SERVICES ARE USED IN PROVIDING THESE SERVICES TO YOU ON THIS WEBSITE ("SERVICES") AND INCLUDE ACCESS TO PROPRIETARY MATERIALS, THE USE OF WHICH IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS END-USER AGREEMENT, AS AMENDED FROM TIME TO TIME WITHOUT NOTICE FROM THE GORGE GALLERY.COM. PROCEEDING WITH THE USE OF THESE SERVICES CONSTITUTES YOUR ASSENT TO AND ACCEPTANCE OF THE END-USER AGREEMENT AND PRIVACY POLICY. IF YOU DO NOT AGREE WITH ALL THE TERMS, YOU SHOULD NOT USE THESE SERVICES.

THE GORGE GALLERY.COM

END-USER SERVICES AGREEMENT

This End-User Services Agreement ("Agreement") is an agreement between you, an individual or an individual acting on behalf of your employer, a corporation, partnership, or other legal entity that will be using The Gorge Gallery.com Services ("User"), and The Gorge Gallery.com ("The Gorge Gallery"), and Craig Office Supply ("Owner") owner of the Website through which you have requested Services. Services, as described below in Section 2 ("Services"), include proprietary materials, the use of which is subject to the terms and conditions of this Agreement.

1. ACKNOWLEDGMENT AND ACCEPTANCE OF AGREEMENT

Services provided by The Gorge Gallery Website are provided under the terms and conditions of this Agreement and any amendments to this Agreement, and any operating rules or policies that may be published from time to time by The Gorge Gallery and/or Owner, all of which are hereby incorporated by reference. This Agreement comprises the entire agreement between User and The Gorge Gallery and Owner, and supersedes any prior agreements pertaining to the subject matter contained herein.

2. DESCRIPTION OF SERVICES

The Gorge Gallery, and Owner, are providing the User with any or all of the following services: (a) a place for User to display materials for sale for a percentage of 70% of the sale for User, and 30% of the sale for The Gorge Gallery/Owner; (b) purchase of fee-per-item reprints of copyrighted materials displayed at The Gorge Gallery website; (d) any other services which The Gorge Gallery and/or Owner may elect to provide in the future. Services are provided to User at the discretion of The Gorge Gallery and Owner, who are under no obligation to provide Services to User. The Gallery does charge for some of the Services listed in a-d above, and may charge more in the future for enhancements The Gorge Gallery and Owner may elect to provide at the website. The Gorge Gallery and Owner may rightfully deny Services to User at any time, without notice.

The Gorge Gallery and Owner reserve the right to modify or discontinue, temporarily or permanently, Services with or without notice to User. User agrees that The Gorge Gallery, Owner, and their third party service providers shall not be liable to User or any third party for denial, modification or discontinuance of Services.

3. PRIVACY POLICY

These Privacy Policy terms and conditions shall take precedence over the other portions of this Agreement.

A. USER'S REGISTRATION OBLIGATIONS

User must be at least 18 years of age to register for The Gorge Gallery Services. In consideration of use of Services, User agrees to: (a) provide true, accurate, current, and complete information about User as prompted by all website registration forms; and (b) to maintain and update this information to keep it true, accurate, current, and complete. If any information provided by User ("Registration Data") is untrue, inaccurate, not current, or incomplete, The Gorge Gallery and Owner have the right to terminate User's account and refuse any and all current and/or future use of Services.

B. USE OF REGISTRATION DATA

User acknowledges that Registration Data is to be shared between The Gorge Gallery and Owner. The Gorge Gallery and Owner may contact User without User's prior consent. The Gorge Gallery and Owner shall not deliberately supply Registration Data to any third party, however, The Gorge Gallery and Owner are not responsible should Registration Data fall into the hands of a third party.

The User has joined The Gorge Gallery, having registered to display and sell materials, or having registered to purchase displayed materials, and has authorized The Gorge Gallery and Owner to disclose information if; (a) such disclosure is required by law or legal process;  or (b) User violates any of the terms set forth in this Agreement.

C. CONTENT OF THE WEBSITE

The Gorge Gallery and Owner consider communications User transmits via The Gorge Gallery Services to be owned by The Gorge Gallery and Owner. The Gorge Gallery and Owner will monitor the contents and User agrees that The Gorge Gallery and Owner, and their third party service providers may do so: (a) as required by law; (b) to comply with legal process; (c) to enforce this Agreement; (d) to respond to claims that displayed materials violate the rights of third parties; or (e) to protect the rights and property of The Gorge Gallery and Owner, third party service providers or others, (f) to monitor User's displayed material (g) to monitor User's adherence to copyright (h) to monitor User's purchases.

User acknowledges and agrees that displayed Copyrighted content and material is not available for sale by direct download. Copyrighted content and material displayed for sale at The Gorge Gallery must be mailed from or picked up at Craig Office Supply in The Dalles, Oregon. 

The Gorge Gallery and Owner reserve the right to remove material provided by User that violates any law or condition of this Agreement without Notice.

User understands and agrees that technical (and sometimes manual) processing, search requests, and any other information supplied by  User is and may be required: (a) to send and receive information; (b)   to conform to the technical requirements of connecting networks; (c)   to conform to the limitations of the Services; or (d) to conform to other, similar technical requirements.

User acknowledges and agrees that The Gorge Gallery and Owner,

and their third party service providers, do not endorse the content of copyrighted material provided for sale at The Gorge Gallery website, and are not responsible or liable for unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, indecent, or otherwise objectionable material, or material that infringes or may infringe the intellectual property and or other rights of another.

D. USER NAME, ACCOUNT, PASSWORD AND SECURITY

User may be asked to choose a user name. User agrees to choose a

user name which is unique, not obscene, unlawful, or otherwise objectionable in The Gorge Gallery and Owner's sole discretion.

User will receive a designated password and account upon completing the registration process for Services. User is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities that occur under said account. User agrees to immediately notify The Gorge Gallery and Owner of any unauthorized use of user name, password or account, or of any other breach of security.

4. USER CONDUCT

User agrees to abide by all applicable local, state, national, and international laws and regulations during use of Services, and agrees not to interfere with the use and enjoyment of Services by others. User agrees to be solely responsible for the contents of User's private and public communications, whether uploaded, posted, emailed, or otherwise transmitted through Services.

User agrees: (a) not to use Services for illegal purposes; (b) not to interfere with or disrupt Services or servers or networks connected to Services; (c) to comply with all requirements, procedures, policies, and regulations of networks connected to Services; (d) not to resell Services or allow use of or access to Services; (e) not to recopy, resell, or provide use of or access to materials purchased at The Gorge Gallery (f) to comply with all applicable laws regarding the transmission of technical data exported from the United States.

User agree not to upload, post, email, or otherwise transmit through Services: (a) any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, indecent, or otherwise objectionable material of any kind; (b) any material that violates the rights of another, including, but not limited to, the intellectual property rights of another; (c) any material that violates any applicable local, state, national, or international law or regulation; or (d) unsolicited or unauthorized advertisements, promotional materials, "junk mail," "spam," "chain letters," or other forms of solicitation. User agrees not  to contact other users of The Gorge Gallery website for solicitation purposes or for any other purpose without the express and prior written consent of The Gorge Gallery and/or Owner. User agrees not to attempt to gain unauthorized access to website code, computer systems or networks connected to Services. User acknowledges and agrees that The Gorge Gallery and Owner may ban User from future use of Services if User does not comply with The Gorge Gallery and Owner's standard of conduct, even if User attempts to use Services through another person or under a different name. Furthermore, User acknowledges and agrees that The Gorge Gallery and Owner may recover damages from User if User violates these terms.

5. INDEMNITY

User agrees to indemnify and hold The Gorge Gallery and Owner, and their third party service providers, and their parents, subsidiaries, affiliates, officers, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of Services, User's connection to Services, User's violation of this Agreement, or User's violation of any rights of another party.

6. STORAGE OF COMMUNICATIONS

The Gorge Gallery and Owner, and their third party service providers assume no responsibility for the disappearance or deletion of or failure to store communications, content or material maintained or transmitted through Services. The Gorge Gallery and Owner may establish in its sole discretion an upper limit on the extent of website content/material it will maintain for User.

7. TERMINATION

(a) User agrees that The Gorge Gallery and Owner, or their third party service providers may terminate User's password, account, or use of Services if The Gorge Gallery and/or Owner, or their third party service providers believe: (i) that User has violated or acted inconsistently with the letter or spirit of this Agreement; or (ii) that User has violated the rights of The Gorge Gallery and/or Owner, or their third party service providers or other Users or parties. User further agrees that The Gorge Gallery and/or Owner, and their third party service providers may terminate User's password, account, or use of Services if User fails to use Services at least one time within ninety (90) days after initial registration.

(b) User agrees The Gorge Gallery and Owner may immediately delete User's account and all related information, communications, and files, and may bar any further access to such account, communications,

files, or Services under any provision of this Agreement. User also acknowledges and agrees that termination of any Services may be effected without prior notice.

8. LINKS

Services may provide, or may include postings and communications, and Links to other websites or resources. User agrees not to include via Services any Link which leads to another web page, unless use of such a Link has prior authorization from The Gorge Gallery, Owner and the owner of said web site. User acknowledges and agrees that The Gorge Gallery and Owner, and their third party service providers are not responsible for the availability of such external sites or resources, or for User's use of Links, and that The Gorge Gallery and Owner, and their third party service providers do not endorse and are not responsible or liable for any content, advertising, product, or other material on or available from Linked sites or resources.

9. THE GORGE GALLERY AND OWNER'S PROPRIETARY RIGHTS

User acknowledges and agrees that content/material, including, but not limited to: text, software, music, sound, photographs, graphics, video, or other material contained in, or information presented to User through, Services is protected by copyright, trademark, service mark, patent, or other proprietary rights and laws. User acknowledges and agrees that User is permitted access to information, content and copyrighted material only as expressly authorized by The Gorge Gallery and Owner, and User may not alter, copy, reproduce, transmit, distribute, or create derivative works of such information, content or copyrighted material without the express authorization of The Gorge Gallery and Owner.

10. DISCLAIMER OF WARRANTIES

(a) USER EXPRESSLY AGREES THAT USE OF SERVICES IS AT USER'S SOLE RISK. SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

(b) THE GORGE GALLERY AND OWNER AND THEIR THIRD PARTY SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

(c) THE GORGE GALLERY AND OWNER, AND THEIR THIRD PARTY SERVICE PROVIDERS MAKE NO WARRANTY THAT SERVICES WILL MEET USER'S REQUIREMENTS OR THAT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES THE GORGE GALLERY, OWNER, OR THEIR THIRD PARTY SERVICE PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SERVICES, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH SERVICES, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.

(d) USER UNDERSTANDS AND AGREES THAT ANY DATA OBTAINED THROUGH OR FROM ACCESS TO THE WEBSITE   IS OBTAINED AT USER'S SOLE DISCRETION AND RISK, AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR NETWORK, OR ANY LOSS THAT RESULTS FROM ACCESS TO SUCH DATA.

(e) THE GORGE GALLERY AND OWNER AND THEIR THIRD PARTY SERVICE PROVIDERS MAKE NO WARRANTY REGARDING ANY MATERIALS OR SERVICES PURCHASED  OR OBTAINED THROUGH OR FROM SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SERVICES.

(f) NO ADVICE, IDEA, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY OR FROM THE GORGE GALLERY, OWNER, OR THEIR THIRD PARTY SERVICE PROVIDERS, OR THROUGH OR FROM SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN FOR USER.

(g) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO USE OF SERVICES.

11. LIMITATION OF LIABILITY

(a) USER AGREES THAT THE GORGE GALLERY, OWNER, AND THEIR THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE SERVICES, OR FOR COST OF PROCUREMENT OF SUBSTITUTE MATERIALS, GOODS AND SERVICES, OR RESULTING FROM ANY MATERIALS, GOODS OR SERVICES PURCHASED OR OBTAINED, OR FROM MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM SERVICES, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS, MATERIAL OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, OR OTHER INTANGIBLES, EVEN IF THE GORGE GALLERY AND/OR OWNER, AND/OR THEIR THIRD PARTY SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) USER FURTHER AGREES THAT THE GORGE GALLERY AND/OR OWNER, AND/OR THEIR THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION, OR TERMINATION OF SERVICES, INCLUDING, BUT NOT

LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL, OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION, OR TERMINATION

WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.

(c) User acknowledges that Pursuant to Section 512 of the Digital Millennium Copyright Act, The Gorge Gallery and Owner hold a policy providing for termination of Services to any User who is a repeat violator. However, USER ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL THE GORGE GALLERY AND/OR OWNER, AND/OR THEIR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES, WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF COMPLIANCE OR REASONABLE ATTEMPTS TO: (i) COMPLY WITH UNITED STATES COPYRIGHT ACT; OR (ii) SATISFY REQUIREMENTS TO QUALIFY FOR THE SAFE HARBORS DESIGNATED IN SECTION 512 OF THE DIGITAL MILLENNIUM COPYRIGHT ACT.

(d) IN NO EVENT SHALL THE GORGE GALLERY OR OWNER, OR THEIR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY AND ALL MATTERS RELATING TO THIS AGREEMENT FOR ANY AGGREGATE AMOUNT IN EXCESS

OF THE AMOUNT PAID FOR SERVICES.

(e) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO THIS AGREEMENT.

(f) Please be advised that virus scanners may not be able to detect or repair all viruses and variants, as new viruses and variants frequently appear. Please be aware that there is a risk involved (a) whenever your computer is in contact with the Internet and The Gorge Gallery website, (b) when sending or receiving material via the Internet, and that, as provided in the Terms of Service, neither The Gorge Gallery or Owner, nor their licensors or third party service providers are responsible for any damages caused by User's decision to connect to the Internet and/or The Gorge Gallery website.

(g) The Gorge Gallery or Owner may place limits on materials User can purchase in a given period of time. User may contact The Gorge Gallery and/or Owner for exemptions to this clause, although doing so does not guarantee an exemption will be granted.

12. AMENDMENTS

The Gorge Gallery and/or Owner may modify this Agreement at any time, and such modifications shall be effective immediately upon posting or other method of notification to User, which notice may

be provided on the Web pages through which User accesses or uses Services. User's continued access or use of Services shall be deemed

to be User's conclusive acceptance of the modified Agreement.

13. GENERAL

The Gorge Gallery and Owner's third party service providers are intended beneficiaries of this Agreement. The Gorge Gallery and Owner shall not be liable to User for any breach by any third party service provider of this Agreement or the Privacy Policy. This Agreement and the relationship between User and The Gorge Gallery and/or Owner shall be governed by the laws of the State of Oregon without regard to its conflict of law provisions. User, The Gorge Gallery, and Owner agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Oregon. The failure of The Gorge Gallery, Owner, and their third party service providers to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and rule that the other provisions of this Agreement remain in full force and effect. User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.