Terms of Use
Welcome to TuGalleria!
These Terms of Use (“Terms”) regulate your interaction with TuGalleria, except where explicitly stated that distinct terms apply, and offer insights regarding the TuGalleria Service (“Service”), delineated below. By establishing a TuGalleria account or engaging with TuGalleria, you accept these terms.
TuGalleria Service
We commit to offering you the TuGalleria Service. This Service encompasses all TuGalleria products, features, apps, services, technologies, and software we provide to progress TuGalleria’s mission: To revolutionize the content creation landscape by providing cutting-edge, AI-enabled platforms that facilitate real-time community engagement, tailored user experiences, and scalable growth opportunities for creators worldwide. We are committed to fostering a safe environment where free expression is celebrated and protected. To further this mission and ensure an enriching experience for our users, we provide:
- Personalized Opportunities
Offering personalized opportunities to create, connect, communicate, discover and share. People are different. So, we offer you different types of accounts and features to help you create, share, grow your presence, and communicate with people on and off TuGalleria. We also want to strengthen your relationships through shared experiences that you actually care about. So, we build systems that try to understand who and what you and others care about, and use that information to help you create, find, join and share in experiences that matter to you. Part of that is highlighting content, features, offers and accounts that you might be interested in, and offering ways for you to experience TuGalleria, based on things that you and others do on and off TuGalleria. - Promoting a Positive, Inclusive, and Secure Environment
We employ a variety of tools and offer resources to our community members aimed at ensuring their experiences on our platform are positive, inclusive, and safe, extending support when we discern a potential need. We maintain dedicated teams and robust systems designed to counteract abuse and violations of our Terms and policies, as well as to deter harmful and deceptive conduct. To ensure the security of our platform, we utilize all available information, including user data. Information pertaining to misuse or harmful content may also be shared with other law enforcement agencies as needed. For further details, please refer to our Privacy Policy - Implementing Advanced Technologies to Better Serve Our Expanding Community
The organization and analysis of information are pivotal components of our Service, aimed at addressing the needs of our burgeoning community. A significant aspect of our Service involves the development and application of cutting-edge technologies that facilitate the personalization, protection, and enhancement of our Service on a substantial scale to accommodate a diverse global community. The employment of technologies such as artificial intelligence and machine learning enables us to execute intricate processes throughout our Service. These automated technologies are instrumental in maintaining the functionality and integrity of our Service. - Maintaining Service Accessibility
To facilitate our international Service, we are compelled to store and transfer data across our various systems globally, potentially outside your country of residence. Utilizing this extensive infrastructure is crucial and integral to delivering our Service. Such infrastructure may be owned or orchestrated by TuGalleria or affiliated entities. - Facilitating Meaningful Connections with Brands
We leverage data from TuGalleria and our third-party partners to present you with advertisements, offers, and other sponsored content tailored to your interests, aiming to make these interactions as pertinent and engaging as your overall experience on TuGalleria. - Advancing Through Research and Innovation
We employ the information we acquire to examine our Service and partner with others in research endeavors aimed at enhancing our Service and fostering the well-being of our community.
Understanding Our Funding Model
At TuGalleria, we provide diverse membership options tailored to enhance your experience:
- Standard Membership: While using TuGalleria under this membership, you may encounter ads that businesses have paid us to display. By using this Service, you understand that we’ll show ads based on your activity and interests, ensuring they are tailored to your preferences.
- Ad-Free Membership: For those seeking an uninterrupted experience, we offer a premium membership that removes all ads from your feed.
- Verified Ad-Free Membership: Elevate your presence with our top-tier membership. Not only will you enjoy an ad-free experience, but your account will also receive a verification badge, adding an extra layer of credibility.
We prioritize your privacy. While we present ads pertinent to your interests, we never disclose your identity to advertisers. Instead, we provide them with insights like demographics and interaction patterns without sharing information that can directly identify you, such as your name or email. Rest assured; your personal data is not for sale.
Branded content may appear on TuGalleria, shared by users who have commercial partnerships with businesses. To grasp a deeper understanding of our advertising approach, click here. For insights on branded content collaborations, visit here.
Privacy Policy
To deliver our Service, we need to gather and utilize your data. Our Privacy Policy details how we acquire, use, and disseminate information across TuGalleria. Furthermore, it outlines the various methods available to you for managing your information, particularly through the TuGalleria Privacy and Security Settings. To utilize TuGalleria, your agreement to the Privacy Policy is mandatory.
Your Commitments
In exchange for our dedication to offering the Service, we ask for the following commitments from you:
Eligibility to Use TuGalleria: Our aim is for our Service to remain accessible and inclusive while ensuring safety, security, and compliance with the law. To be a part of the TuGalleria community, adhere to these requirements:
- You must be at least 18 years old to access TuGalleria.
- Applicable laws must not bar you from using any part of our Service, nor should you be on any denied party listing that prevents you from engaging in payment-related Services.
- If we’ve previously disabled your account due to legal violations or breaches of our policies, you cannot create a new one.
- Convicted sex offenders are not permitted to use our Service.
Guidelines for Using TuGalleria
To ensure a safe and welcoming platform for our diverse community, we ask that everyone adheres to the following:
- Accuracy & Impersonation: While you don’t need to disclose your full identity, you must provide current and truthful information, including during registration. Don’t pretend to be someone you’re not, and only create accounts for others with their explicit consent.
- Legal and Authentic Actions: Don’t engage in illegal, misleading, or fraudulent activities. Respect our Terms, policies, and especially the TuGalleria Community Guidelines and Developer Policies. If you share branded content, adhere to our Branded Content Policies.
- Service Integrity: Don’t disrupt or hinder the Service’s proper functioning, which includes misuse of any reporting or appeals processes.
- Unauthorized Access: Don’t create accounts or gather information in unauthorized ways, such as automated methods without our consent.
- Account Transactions: Don’t sell, buy, or transfer any part of your account, including your username. Avoid soliciting or using others’ login details.
- Respecting Privacy & Rights: Don’t disclose someone else’s private information without their agreement. Respect others’ rights, including intellectual property. Only post content to which you have the full rights. For any concerns regarding intellectual property infringement, refer here.
- Modification of Products: Don’t alter, translate, reverse engineer, or create derivatives of our products.
- Domain & URL Usage: Only use a domain name or URL in your username with our written approval.
By following these guidelines, we can foster a more secure and harmonious community on TuGalleria.
Permissions You Grant Us
In accordance with our agreement, you extend specific permissions enabling us to offer the Service.
- Licensing Your Content, Not Owning It. While we don’t lay claim to your content, you provide us with a license to utilize it. Your rights to your content remain unchanged. We don’t assume ownership of the content you share via our Service. Though, to offer our Service, we require certain permissions, termed as a “license,” from you. When you publish content covered by intellectual property rights, like photos or videos, on our platform, you grant us a non-exclusive, royalty-free, transferable, sub-licensable, global license to host, use, modify, display, and produce derivative works of your content in alignment with your privacy and application preferences. This license terminates once your content is removed from our systems. You can learn more about content management in the Privacy Policy and the TuGalleria Help Center.
- Utilizing Your Username, Profile Image, and Relationship Data. You allow us to showcase your username, profile image, and details of your interactions (like likes) alongside accounts, ads, and other paid content you interact with on TuGalleria, with no compensation to you. For instance, if you liked a sponsored post from a brand, we have a partnership with, we might highlight this action. We also respect your advertising preferences, which you can learn more about in the membership section.
- Updates to the Service. You consent to us downloading and applying updates to the Service on your device.
Reserved Rights
- Username Adjustments: If you opt for a specific username or similar identifier for your account, we reserve the right to modify it if deemed necessary. This might be the case if it violates intellectual property rights or falsely represents another user.
- Rights to Our Content: Should you utilize content from our Service protected by intellectual property rights (e.g., images, designs, videos), remember that while you have rights over your content, all rights related to our provided content remain with us.
- Using Our Intellectual Property: You’re allowed to use our intellectual property, trademarks, or similar identifiers only as specified in our Brand Guidelines or with our prior written approval.
- Source Code Access: To modify, derive, decompile, or attempt to access our source code, you must secure written permission from us or be compliant with an open-source license.
Content Management and Account Status
1. Content and Information Removal: We reserve the right to take down any content or information you post on our Service if it breaches these Terms of Use, any of our policies (including the TuGalleria Community Guidelines), or if mandated by law.
2. Service Restrictions: We can withhold, alter, or cease all or parts of our Service to you instantly for community or service protection. This is applicable if you pose a risk, lead to potential legal issues for us, breach these Terms of Use, or infringe on others’ intellectual property rights.
3. Service Termination: We might also alter or terminate our Service, restrict content, or halt parts of our Service to mitigate potential legal or regulatory ramifications.
4. Error Resolution and Account Deletion: For account termination queries or to initiate account or content deletion, please refer to our Help Center. Post your deletion request; the process initiates within 30 days and might last up to 90 days. During this period, while your content remains invisible to others, it’s still bound by these Terms of Use and our Data Policy. An additional 90 days might be taken for the removal of content from backups.
5. Deletion Exceptions: Content will not be deleted within 90 days of the account deletion or content deletion process beginning in the following situations:
- where your content has been used by others in accordance with this license and they have not deleted it (in which case this license will continue to apply until that content is deleted); or
- where deletion within 90 days is not possible due to technical limitations of our systems, in which case, we will complete the deletion as soon as technically feasible; or
- where deletion would restrict our ability to:
- investigate or identify illegal activity or violations of our terms and policies (for example, to identify or investigate misuse of our products or systems);
- protect the safety and security of our products, systems, and users;
- comply with a legal obligation, such as the preservation of evidence; or
- comply with a request of a judicial or administrative authority, law enforcement or a government agency;
- in which case, the content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis).
6. Post-account Termination: On account deletion or disabling, these Terms end as a mutual agreement. However, this section, along with “Understanding Our Agreement and Potential Disputes” remains effective post-account termination, disabling, or deletion.
Understanding Our Agreement and Potential Disputes
Our Mutual Understanding:
- Your use of music on the Service is also subject to our Music Guidelines, and your use of our API is subject to our TuGalleria Terms and Developer Policies. If you use certain other features or related services, additional terms will be made available and will also become a part of our agreement. For example, if you use payment features, you will be asked to agree to the Community Payment Terms. If any of those terms conflict with this agreement, those other terms will govern.
- If any aspect of this agreement is unenforceable, the rest will remain in effect.
- Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver.
- We reserve all rights not expressly granted to you.
Who Has Rights Under this Agreement?
- This agreement does not give rights to any third parties.
- You cannot transfer your rights or obligations under this agreement without our consent.
- Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.
Liabilities and Responsibilities
- Our Service is provided “as is,” and we can’t guarantee it will be safe and secure or will work perfectly all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
- We also don’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service.
- Our responsibility for anything that happens on the Service (also called “liability”) is limited as much as the law will allow. If there is an issue with our Service, we can’t know what all the possible impacts might be. You agree that we won’t be responsible (“liable”) for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account.
How We Will Handle Disputes.
If you are a consumer, the laws of the country in which you reside will apply to any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms (“claim”), and you may resolve your claim in any competent court in that country that has jurisdiction over the claim. In all other cases, you agree that the claim must be resolved exclusively in the Delaware Court of Chancery, that you submit to the personal jurisdiction of this court for the purpose of litigating any such claim, and that the laws of the State of Delaware will govern these Terms and any claim, without regard to conflict of law provisions. Without prejudice to the foregoing, you agree that, in its sole discretion, TuGalleria may also bring any claim we have against you related to efforts to abuse, interfere, or engage with our products in unauthorized ways in the country in which you reside that has jurisdiction over the claim.
Unsolicited Material.
We always appreciate feedback or other suggestions; however, we may use them without any restrictions or obligation to compensate you for them and are under no obligation to keep them confidential.
Updating These Terms
We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account, here.
Revised: 6 October 2023