Terms of Service

1. Who we are and what this covers

cine.gallery (the "Service") is operated by cine.gallery, based in Ontario, Canada. Our full postal address is provided on request to contact@cine.gallery. These Terms form an agreement between you and us and apply whenever you use the Service. If you use the Service for an organisation, you confirm you may accept these Terms for it, and "you" then means both you and that organisation.

2. Eligibility

You must be at least 16 years old, or the age of digital consent where you live if that is higher, and you must not be barred from using the Service under any law that applies to you. The Service is built for professional production work and is not directed at children.

3. Your account

You sign in with a Google account. Keep it secure; you are responsible for what is done through it. Tell us promptly at contact@cine.gallery if you believe it has been used without your permission, and we will help you secure it.

4. Membership and payment

Access to cloud storage, search and analysis requires a paid membership. Prices, currencies, taxes, trials, renewals and cancellation are described in Billing, trials and refunds, which forms part of these Terms. Subscriptions renew automatically until cancelled. You can cancel at any time and keep access until the end of the period you have paid for.

5. Your content, and the permission you give us

Everything you upload remains yours. You give us a non-exclusive, worldwide, royalty-free licence to host, store, copy, transmit, process, adapt for technical purposes (such as making previews and searchable copies) and display your content — but only in order to provide the Service to you and to anyone you deliberately share it with. That licence exists so the Service can function. It ends when you delete the content or close your account, other than for backup copies that expire on our ordinary schedule.

6. Public links and guest contributions

You control whether a gallery link is active and whether people with it may download or contribute files. Treat an active link as something anyone who receives it can pass on. A guest contributor must provide a name and email address and makes the same promises about their upload that these Terms require from a member. The gallery owner is responsible for the people they invite and for removing access when it is no longer wanted.

7. What you promise about your content

You confirm that you own what you upload, or have permission to upload it, or may lawfully use it as reference material under the copyright law that applies to you, and that uploading it does not break any law or any agreement you are under. Your library is private working material by design; it is not a distribution channel.

8. Acceptable use

The Acceptable use policy forms part of these Terms. In short: do not upload unlawful material, do not attempt to break the Service's security or limits, and do not use the Service to harm other people.

9. Analysis and suggestions

The Service analyses cloud uploads so they can be found by description and by similarity, and so that tags can be suggested to you. Suggestions are assistance, not fact, and you should not rely on them as a determination about anything — including whether material is safe, licensed or accurate. You remain responsible for your own production decisions.

10. Availability

We work hard to keep the Service up, but we do not promise uninterrupted availability. We may carry out maintenance, and we will try to do disruptive work outside normal working hours in North America and Europe. We may change features; where a change removes something you rely on, we will give reasonable notice.

11. Your own backups

Please keep your own copies of anything you cannot afford to lose. We take care with your data and keep backups, but no service is a substitute for your own archive, and you can download your originals at any time.

12. Suspension and termination

You may stop at any time by cancelling and, if you wish, deleting your account. We may suspend or end access if you materially breach these Terms, if your payment fails and is not resolved, or if we are legally required to. Except where the breach is serious or unlawful, we will tell you what the problem is and give you a reasonable chance to fix it before we act.

13. Disclaimers

Other than as expressly stated here and as required by law, the Service is provided as it is and as available, without warranties of any kind, whether express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions, including parts of Canada, do not allow certain warranties to be excluded; where that is so, this paragraph applies only as far as the law permits and your statutory rights are unaffected.

14. Limitation of liability

To the fullest extent the law allows, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data. Our total liability arising out of or relating to the Service in any twelve-month period is limited to the greater of the amounts you paid us for the Service in that period and one hundred Canadian dollars. Nothing in these Terms limits liability for fraud, for death or personal injury caused by negligence, or for anything else that cannot lawfully be limited.

15. Indemnity

You will defend and indemnify us against third-party claims arising from content you uploaded without the right to do so, or from your use of the Service in breach of these Terms. We will tell you promptly about any such claim, let you control the defence of it, and cooperate reasonably with you.

16. Changes to these Terms

We may update these Terms. For any change that materially reduces your rights we will give at least thirty days' notice by email or in the app before it takes effect. If you do not accept the change, you may cancel before it starts and we will refund the unused part of your current period.

17. Governing law and disputes

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there, without regard to conflict-of-laws rules. Subject to the section below, the courts of Ontario have exclusive jurisdiction. If you are a consumer resident elsewhere, you keep the benefit of any mandatory protections and any right to bring proceedings in your local courts that the law of your country gives you, and nothing here takes that away.

18. Resolving things before that

Before either of us starts a proceeding, we ask that the concern is raised in writing to contact@cine.gallery and given thirty days to be resolved. Most matters end there. This does not stop either party from seeking urgent injunctive relief where it is genuinely needed, and does not prevent you from contacting a regulator at any time.

19. General

If any provision is held unenforceable, the rest stands. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them to a successor in connection with a merger, acquisition or sale of assets, on notice to you. These Terms, together with the policies referred to in them, are the entire agreement between us about the Service.

20. Talking to us first

If anything in this document, or anything about how we have treated you, concerns you, write to contact@cine.gallery before taking a formal step. We reply within five business days and tell you what we can and cannot do.

Nothing here removes any right you have under Canadian law or the law where you live, including your right to complain to a regulator or, in Ontario, to bring a claim. We only ask for the chance to put it right first.