Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website, services, and stock photography made available by Jiangsgallery ("Jiangs," "the Company," "we," "us," or "our") at jiangsgallery.com (the "Service"). By creating an account, browsing, purchasing, downloading, or otherwise using the Service, you agree to be bound by these Terms, including our Privacy Policy and License Info, which are incorporated into these Terms by reference (together, the "Agreement"). If you do not agree to all of these Terms, you may not access or use the Service. PLEASE READ THESE TERMS CAREFULLY. BY REGISTERING FOR OR OTHERWISE USING THE SERVICE, YOU ARE TELLING US THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. If you are using the Service on behalf of a company, organization, or other entity, you represent that you have the authority to bind that entity to this Agreement.

The Service is intended for use by individuals who are at least 18 years old, or the age of legal majority in your jurisdiction, whichever is greater. By using the Service, you represent that you meet this requirement and that your use of the Service will not violate any applicable law or regulation. We reserve the right to refuse registration to, or terminate the account of, any user who does not meet this requirement.

To purchase or download Images, you must register an account by providing an email address, password, and any other information requested during registration. You agree that all information you provide is accurate and that you will keep it accurate and up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. If you believe your account is no longer secure, you must notify us immediately at support@jiangsgallery.com. We are not liable for any loss or damage arising from your failure to safeguard your account credentials.

The Service allows you to search, browse, purchase, and download licensed stock photography. All Images available through the Service are captured and owned by Jiangs; the Service does not host or distribute content submitted by third-party contributors. The specific features and content of the Service may change from time to time at our discretion, and we may add, modify, suspend, or discontinue any part of the Service without liability to you, except as otherwise required by applicable law.

When you purchase an Image, you receive a single royalty-free commercial license to use that Image in accordance with the License Info. A purchase does not transfer ownership or copyright in the Image to you. Downloads of a purchased Image are limited to 3 downloads within 7 days of purchase, after which the download link will expire. Download links are personal to your account, are delivered via email or your account dashboard, and may not be shared, published, or distributed to any third party. All purchases are processed through our third-party payment processor (PayPal). We do not store your full payment card details.

You may request a full refund of a purchase at any time before you have downloaded the corresponding Image, by contacting support@jiangsgallery.com. Once an Image has been downloaded, the purchase is generally final and non-refundable, because the licensed digital content has been delivered and is capable of immediate use. Notwithstanding the foregoing, we will provide a refund or replacement after download where: (a) the delivered file is materially defective or corrupted through no fault of yours; (b) you were charged more than once for the same order due to a processing or system error; or (c) applicable consumer protection law entitles you to a refund notwithstanding delivery of the content. Refund requests should be submitted within a reasonable time of the issue arising, and we may request reasonable evidence (such as screenshots or error logs) to process your request. Where a refund is issued, your license to the applicable Image terminates immediately, and any further use of that Image requires a new purchase at the then-current price.

Subject to your continued compliance with this Agreement and payment of all applicable fees, Jiangs grants you a limited, non-exclusive, non-transferable license to use purchased Images strictly in accordance with the License Info. This license does not include, and Jiangs does not grant, any right to compile, aggregate, or otherwise use Images from the Service to create, populate, or contribute to a similar or competing stock photography service, dataset, or archive. All rights not expressly granted to you under this Agreement are reserved by Jiangs. See our License Info for the complete terms governing permitted and prohibited uses of Images.

By using the Service, you agree that you will not, and will not attempt to:

1. A.Use the Service or any Image for any unlawful purpose or in violation of any applicable law or regulation;
2. B.Use any Image outside the scope of the license under which it was purchased, or otherwise in violation of the License Info;
3. C.Use any Image, or its associated captions, keywords, or metadata, to train, fine-tune, evaluate, or otherwise develop any machine learning, artificial intelligence, or generative AI model, system, or dataset;
4. D.Use any bots, scrapers, crawlers, or other automated means to access, index, copy, or extract data or Images from the Service, other than through your web browser or a method we expressly authorize;
5. E.Reverse engineer, decompile, or attempt to derive the source code of the Service, or circumvent or interfere with any watermarking, access control, or security feature of the Service;
6. F.Impersonate any person or entity, or misrepresent your affiliation with a person or entity;
7. G.Interfere with or disrupt the operation of the Service or the servers or networks used to make the Service available;
8. H.Falsely represent, expressly or by implication, that you are the creator or copyright owner of an Image; or
9. I.Assist or encourage any other person to do any of the foregoing.

In addition to the restrictions in our License Info, you agree that Images may not be used, alone or in combination with any text, audio, or other material, in a manner that:

1. A.Is pornographic, obscene, or sexually explicit;
2. B.Is defamatory, libelous, or otherwise damages the reputation of any person or entity;
3. C.Promotes, depicts, or incites violence, hatred, or discrimination against any individual or group;
4. D.Is fraudulent, deceptive, or misleading, including use in scams, fake reviews, or deceptive advertising;
5. E.Falsely suggests sponsorship, endorsement, or affiliation by Jiangs, the photographer, or any person or place depicted in the Image, where no such relationship exists;
6. F.Relates to unlawful, dangerous, or illicit activity, or to gambling, weapons, or controlled substances where such use would violate applicable law; or
7. G.Involves a sensitive or potentially unflattering subject (for example, illness, addiction, or criminal conduct) without a clear disclaimer that the Image is used for illustrative purposes only and does not depict the actual subject matter.

Jiangs licenses Images "as delivered." We have no obligation to monitor how you use a purchased Image, and we are not responsible for the context, placement, accompanying text, or overall presentation in which you use an Image. Any liability, claim, or reputational consequence arising from the manner in which you present or combine an Image with other material is your sole responsibility, and not that of Jiangs.

You agree to defend, indemnify, and hold harmless Jiangs, its officers, employees, and agents from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of an Image outside the scope of its license or in violation of Section 9 above; (b) your breach of this Agreement; (c) the context, message, or material you combine with an Image; or (d) your violation of any applicable law or the rights of any third party. This obligation survives termination of your account or this Agreement.

All Images, along with the Service’s software, design, layout, graphics, and other elements ("Materials"), are the property of Jiangs or its licensors and are protected by copyright and other intellectual property laws. Except for the limited license granted in Section 7, nothing in this Agreement transfers any right, title, or interest in the Materials to you. You may not use Jiangs’ name, logo, or trademarks without our prior written consent, except as necessary to identify Jiangs as the source of a licensed Image where attribution is customary.

We may suspend or restrict your access to the Service if you violate this Agreement or if we reasonably suspect: (a) abnormal or repeated purchase activity involving the same Image; (b) payment fraud or chargeback abuse; or (c) unauthorized use of another user’s account. Where practicable, we will notify you of the reason for any such restriction. We may also terminate this Agreement and your access to the Service at any time, with or without cause, by providing notice as described in Section 18. Sections that by their nature should survive termination — including Sections 6 through 11 and 13 through 20 — will remain in effect.

Jiangs warrants that, to the best of its knowledge, an Image in its original, unaltered form, when used strictly in accordance with the license under which it was purchased and this Agreement, does not infringe the copyright of any third party. This warranty does not extend to, and Jiangs makes no representation regarding: (a) any Image, or portion of an Image, that has been modified, cropped, combined with other material, or otherwise altered by you or on your behalf; (b) any trademark, logo, brand, artwork, or architectural work that may incidentally appear within an Image; (c) any person who may be recognizable within an Image, where no model release has been obtained (most Images on the Service do not depict identifiable individuals, and where a person does appear, they are generally not identifiable); or (d) the accuracy of any caption, keyword, title, or other metadata accompanying an Image. You are solely responsible for determining whether any additional clearance, release, or permission is required for your intended use and for obtaining it.

Subject to Section 13, and provided that you are not in breach of this Agreement, if a third party brings a claim against you alleging that your permitted use of a purchased Image, in the form delivered by Jiangs, infringes that third party’s copyright, Jiangs will defend you against that claim and indemnify you for damages finally awarded against you (or agreed in settlement with our prior written consent), subject to the following conditions:

1. A.You must notify us in writing of the claim within fifteen (15) business days of becoming aware of it, at legal@jiangsgallery.com;
2. B.Jiangs has the sole right to control the defense and settlement of the claim, and you agree to reasonably cooperate with us at our request;
3. C.This indemnity does not apply to the extent the claim arises from your modification of the Image, the context or material you combined it with, or your continued use of the Image after we notify you of a potential infringement claim or request that you cease use; and
4. D.Our total aggregate liability under this Section 14, for any and all claims relating to a single Image, is limited to the greater of (i) five (5) times the amount you paid for that Image, or (ii) US $100.

This Section 14 states our entire liability, and your sole and exclusive remedy, for any claim that a licensed Image infringes a third party’s intellectual property rights.

We may discontinue licensing any Image at any time in our discretion. If we receive notice, or otherwise become aware, that an Image may be subject to a valid third-party claim, we may require you to immediately stop using that Image and to delete any copies of it, at your own expense. Where reasonably possible, we will offer you a comparable replacement Image at no additional cost.

EXCEPT AS EXPRESSLY PROVIDED IN SECTION 13, THE SERVICE AND ALL IMAGES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. Nothing in this Section 16 excludes or limits our liability for death or personal injury caused by our negligence, for fraud, or for any other liability that cannot be excluded or limited under applicable law.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JIANGS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE OR ANY IMAGE, INCLUDING LOST PROFITS OR LOST DATA, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR OUR OBLIGATIONS UNDER SECTION 14 (INDEMNIFICATION BY JIANGS), OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE WILL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO JIANGS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. These limitations do not apply to liability arising from our willful misconduct or gross negligence, or where such limitation is not permitted under applicable law.

We may update these Terms from time to time. If we make a material change, we will provide notice at least seven (7) days before the change takes effect, by posting a notice on the Service, sending an email to the address associated with your account, or another reasonable means. Your continued use of the Service after a change becomes effective constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service before the change takes effect.

This Agreement is governed by the laws of the Republic of Korea, without regard to its conflict-of-laws principles. Any dispute, controversy, or claim arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the competent courts of the Republic of Korea, and each party irrevocably waives any objection to the jurisdiction or venue of such courts. Notwithstanding the foregoing, Jiangs may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its intellectual property rights. Before initiating formal legal proceedings, the parties agree to first attempt in good faith to resolve any dispute through direct negotiation by providing written notice as described in Section 20. No claim arising out of this Agreement may be brought more than one (1) year after the event giving rise to the claim.

Notices to Jiangs under this Agreement must be sent by email to legal@jiangsgallery.com. Notices to you will be sent to the email address associated with your account. Notice is deemed given twenty-four (24) hours after an email is sent, unless the sending party is notified that the email address is invalid.

1. A.Entire Agreement. This Agreement, together with our Privacy Policy and License Info, constitutes the entire agreement between you and Jiangs regarding the Service and supersedes any prior agreements.
2. B.Severability. If any provision of this Agreement is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
3. C.No Waiver. Our failure to enforce any right or provision of this Agreement will not be considered a waiver of that right or provision.
4. D.Assignment. You may not assign or transfer this Agreement, or your account, without our prior written consent. We may assign this Agreement without restriction, including in connection with a merger, acquisition, or sale of assets.
5. E.Force Majeure. Neither party is liable for any failure or delay in performance resulting from causes beyond its reasonable control, including natural disasters, war, or the failure of third-party infrastructure or service providers.
6. F.Contracting Entity. The party you are contracting with under this Agreement is Jiangsgallery, operating under the laws of the Republic of Korea, regardless of your country of residence.