Terms and rules

About Us

Purpose of Company

Backcountry Gallery LLC hosts an online communication forum where users can share photos, ask questions, share information, and engage in private commerce for used photography gear.

Agreement

This document and any additions, deletions, amendments and modifications thereto made pursuant to the terms herein.

Right to Modify Terms & Conditions

Backcountry Gallery LLC reserves the right, in perpetuity, until the dissolution of the Company, or until otherwise amended in the future in the sole discretion of Backcountry Gallery LLC, its officers, members, managers, agents, or directors, to change, modify, revoke, or otherwise amend these terms without prior notice and without recourse.

Use

Limited, Non-Transferrable License to Use

Backcountry Gallery LLC grants each user a limited, non-exclusive, non-transferable, terminable right to use and access the site and any information associated therewith that has been expressly made available to each user, subject to the terms and conditions contained in this Agreement.

License to Use Is Revocable

Backcountry Gallery LLC may, at any time, with or without notice, with or without cause, revoke the account, use, or access to Backcountry Gallery LLC and any information associated therewith, so long as such a revocation does not violate any federal, state, or local law, ordinance, or rule that prohibits discriminatory action.

Backcountry Gallery LLC may, in its sole discretion, remove any content from Our Service that we believe may violate any provision of this Agreement.

Retention of Ownership Rights

Backcountry Gallery LLC retains all rights of ownership associated with Our Service to the fullest extent of the law.

Prohibition Against Impersonating Service

Backcountry Gallery LLC does not grant any user any rights to intellectual property owned by Backcountry Gallery LLC, its officers, members, managers, agents, directors, or subsidiaries, for any purpose excluding those permitted by law. You may not duplicate, copy, recreate or otherwise impersonate Backcountry Gallery LLC for any purpose not expressly granted in this Agreement, including but not limited to electronic, printed, audio or video media, or in person.

Use of Intellectual Property Without Express Written Consent

Any and all information owned, managed, stored, processed by, submitted to, obtained by, or otherwise under the control and/or ownership of Backcountry Gallery LLC remains the property of Backcountry Gallery LLC and may not be used, duplicated, copied, recreated, or disseminated, for profit or otherwise, without the express written consent of Backcountry Gallery LLC.

Termination of use

Violation of Terms / Law / Rules

Any violation of this Agreement, or any changes, modifications, revocations, amendments, or the like made hereto may result in the immediate, unilateral, and permanent termination of your account and access to Our Service.

Any act or omission committed by you in using Our Service that violates any federal, state or local law, ordinance, or rule may result in the immediate, unilateral, and permanent termination of your account and access to Our Service.

Termination of Service

Backcountry Gallery LLC reserves the right to terminate service at any time, with or without prior notice, and for any reason or for no reason, and is not responsible for any loss or damages suffered as a result of said termination, temporarily or permanently, of said service.

Acquisition of Company

In the event that Backcountry Gallery LLC is acquired by a third party, in whole or in part, service may be terminated at the discretion of the new directors, managers, members, shareholders, partners, or other authority permitted to act on behalf of the acquiring entity. Backcountry Gallery LLC is not responsible for any loss or damages suffered as a result of said termination.

Impersonating Another Person

You may not use Backcountry Gallery LLC or any part of Our Service for the purpose of impersonating another person or entity. This includes but is not limited to providing or submitting false identification, improper or false personally identifiable information, or other aggregate data that, when used in conjunction with correct data, would lead a reasonable person to believe that the user is a person of another identity, or a fictitious identity.

Interference with Service

You may not purposefully, intentionally, recklessly, or negligently do, or cause to be done, by proxy or third party, any act or omission that interferes with the ability of Backcountry Gallery LLC to provide services according to the terms of this Agreement.

Data Mining

You may not access information or data stored by, accessed by, used by, processed through, or made available from Backcountry Gallery LLC for purposes of extrapolating data and information with the use of machine learning, Artificial Intelligence, or other computing or statistical analysis. Backcountry Gallery LLC reserves all rights associated with data and information owned by us, including aggregate and cumulative data, data trends, and conclusions obtained through the use thereof.

Consent to Contact / Communication

By using Our Service, you consent to allow Backcountry Gallery LLC to contact you for any reasonable, legal, and permissible purpose via Email, Text Message, Push Notification, Phone, and Mail so long as such communication does not violate any federal, state, or local law, ordinance, or rule.

You may opt out of any and all communication at any time by providing appropriate notice as required by the CAN-SPAM Act. In the event that you opt out of receiving communications from Backcountry Gallery LLC, you hereby acknowledge that you may not receive important information about our service, your posts, applications, or other significant information and you expressly waive any and all claims associated therewith.

Cookie Policy

Utilization of Cookies

By using Backcountry Gallery LLC, you consent to the use of cookies and other web storage technologies for the purposes of providing necessary and beneficial services. This includes both persistent and session cookies.

Privacy Policy

Users’ Right to Control Information

Subject to the terms and conditions contained in this Agreement, including the prohibition of Impersonating Another Person, you have the right to control all information associated with your account and your use of Our Service. Backcountry Gallery LLC reserves the right to collect and store historic data, including any modifications, deletions, or updates to your information that may be made for the purpose of providing Our Service.

Backcountry Gallery LLC agrees not to sell, disclose, or otherwise distribute your information except for the sole purpose of providing Our Service.

Users’ Right to Delete Information

Upon reasonable request, you may ask, and Backcountry Gallery LLC will reasonably comply when possible, that personally identifiable information stored, processed by, submitted to, obtained by, or otherwise under the control and/or ownership of Backcountry Gallery LLC be removed from our active servers. Archived copies of such information may be maintained by Backcountry Gallery LLC for compliance and business purposes as permitted by law.

Your Profile & Information (“What We Collect”)

License to Use Provided Info for Service

Any and all information you submit to Backcountry Gallery LLC remains your property. However, by submitting such information, you acknowledge that the information you submit will be made publicly available to any other users of our site and service. Further, you grant Backcountry Gallery LLC an irrevocable and perpetual license, without royalty, to use such information for any purpose permitted by law, subject to the terms and conditions of this Agreement. Backcountry Gallery LLC does not intend to monetize user submitted information or works, but may use such information and submissions for limited promotional and marketing purposes, and for data management purposes.

All content you submit, upload, or otherwise make available to the Service ("Content") may be reviewed by staff members. All Content you submit or upload may be sent to third-party verification services (including, but not limited to, spam prevention services). Do not submit any Content that you consider to be private or confidential.

Location Information / Device Information

In order to provide Our Service, Backcountry Gallery LLC may access device location and location information associated with your device. By using Our Service, you agree to allow Backcountry Gallery LLC to collect such information for the purpose of providing Our Service and to use such data and information to improve Our Service and the user experience.

Third Party Relationships

Waiver of Claims Related to Third-Party Links and Incorporation of Terms of Service

Backcountry Gallery LLC may, from time to time, employ or associate with third-party services such as Google, Apple, and Amazon, B&H, among others, in order to provide Our Service. By using Our Service, you hereby waive any and all claims, and agree to hold harmless and indemnify Backcountry Gallery LLC in regards to our reasonable use of such services and also agree to be bound by their respective terms of service and user Agreements, insofar as they may exist. Such terms of service may be obtained directly from individual third-party service providers.

Affiliate Links

Throughout the Backcountry Gallery websites, you may encounter affiliate links. If you click those links and make a purchase, Backcountry Gallery will be paid a small commission on your purchase. This does not cost you anything additional and helps support the site.

Disruptions Caused by Third-Party Outages or Failures

Backcountry Gallery LLC is not responsible for any disruptions in service caused by or resulting from any association with or use of a third-party service when such disruptions are unforeseen and/or outside of the control of Backcountry Gallery LLC.

API & Integration

Backcountry Gallery LLC may, from time to time, use processes such as Application Programming Interface (API) and other integration tools in order to provide Our Service. By using Our Service, you agree to allow any and all information you submit to Our Service to be used by, sent to, processed by, and otherwise accessed by and through such services and service providers. You hereby waive any and all claims and agree to hold harmless and indemnify Backcountry Gallery LLC regarding our reasonable use of such services.

Disclosure of Personal Information / Privacy

Can Collect, Store, And Use All Provided Information

By using Our Service, you agree to permit Backcountry Gallery LLC to collect, store, and use, for any reasonable purpose, all information submitted to and through Our Service for the purpose of providing Our Service.

Will Not Disclose PII

We agree not to willfully, intentionally, or unreasonably disclose any Personally Identifiable Information (PII) beyond that which is necessary for us to provide Our Service.

Disclosure of Non-Personal Information

May Disclose Non-PII & Aggregate Data for Limited Purposes Backcountry Gallery LLC may, from time to time, and for the purpose of providing Our Service, improving our processes and operations, and, when necessary, complying with reporting requirements to governmental and other authoritative entities, disclose any non-personally identifiable information and aggregate data that may be submitted to Our Service by and through your use thereof.

Backcountry Gallery LLC agrees to comply with all necessary reporting requirements in the event that a data breach of personally identifiable information should occur, including, but not limited to reporting said breach to the proper governmental authority or agency, notifying affected customers, users, consumers, and the like, and taking immediate remedial action.

Payment Information Retention Policy (by Incorporation) Payments made to Backcountry Gallery LLC are processed through various third-party merchant services, the terms of service of each are hereby incorporated herein. For additional information, please contact us regarding the specific merchant service that will be used for payment processing and for information regarding access to that service’s terms of use.

Backcountry Gallery LLC does not store any payment information in our systems at any time.

Legal Disputes

Arbitration & ADR

The following is provided by the American Arbitration Association and is fully incorporated herein:

If a dispute arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Governing Law & Venue

This Agreement and all terms and conditions herein shall be governed by the laws of the State of Ohio, United States of America. Should there occur any conflict between two or more associated or incorporated terms, the terms most closely resembling those of the State of Ohio shall hold without giving effect to principles of conflict of law. By using Our Service, you agree to irrevocably consent to the nonexclusive jurisdiction of and venue of the State of Ohio, and any Federal Courts having jurisdiction over the same.

Limitation of Liability / Disclaimer of Warranties

Backcountry Gallery LLC disclaims all liability associated with any information submitted to our site by users including but not limited to the accuracy, reliability, legality, or truthfulness of said information. Content submitted express the views of their author only.

Backcountry Gallery LLC provides Our Service “as-is” and expressly disclaims all warranties of any kind, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. No statements made or publication contained within or without Our Service shall be implied to create any such warranty.

Backcountry Gallery LLC shall not be liable for any damages, including consequential, incidental, and special damages, resulting from the use, misuse, or failure of any feature of Our Service.

Indemnity By using Our Service, you hereby agree to indemnify and hold harmless Backcountry Gallery LLC, it’s associated services, employees, agents, owners, managers, directors, and the like from any claim of damages resulting from the use, misuse, abuse, or other association of Our Service that results from said service.

“As-is”

Backcountry Gallery LLC provides Our Service “as-is” and makes no warranties, either express or implied, oral or written, to the contrary.

Intellectual Property Disputes

By using Our Service, you agree that any information you submit to Our Service is being done so with full authority and ownership to said information and that any information you provide is not done so in violation of any intellectual property rights of a third-party.

If any information submitted to Backcountry Gallery LLC is found, in our reasonable discretion, to violate the intellectual property rights of any third-party, Backcountry Gallery LLC reserves the right to immediately remove such information. Backcountry Gallery LLC further reserves the right to temporarily remove any information that it has reason to believe may be a violation of the intellectual property rights of a third-party pending a full investigation.

If you are found to have violated the intellectual property rights of a third-party, Backcountry Gallery LLC may take corrective action including but not limited to terminating your account.

Legal Notice

All legal notices to Backcountry Gallery LLC should be sent to:

6725 W. Central Ave Suite M, PMB# 357 Toledo OH 43617 USA

User Responsibilities

Antidiscrimination, Hate Speech, Anti-Bullying, Obscene, Pornographic, Harassment

Users hereby agree not to submit, for any purpose, any information that is discriminatory based on any protected class as defined by the 14th Amendment to the United States Constitution, any similar State or Local laws associated therewith, any content that would constitute “hate speech,” any content that can reasonably be considered bullying, any obscene information or content, or any pornographic information or content.

You agree to not use the Service to submit or link to any Content which is defamatory, abusive, hateful, threatening, spam or spam-like, likely to offend, contains adult or objectionable content, contains personal information of others, risks copyright infringement, encourages unlawful activity, or otherwise violates any laws. You are entirely responsible for the content of, and any harm resulting from, that Content or your conduct.

By using Our Service, you further agree that harassment of any other user, agent, director, member, shareholder, advertiser, third-party service, or the like will not be tolerated, and any instances of such behavior will be immediately reported to Backcountry Gallery LLC through any channel or medium of Our Service, including the obligation to self-report.

Minimum Age

By using Our Service, you agree that you are at least 13 years of age as of the date that you begin using Our Service.

Direct Commerce

By submitting any items or services for sale, lease, or otherwise which may be considered a commercial transaction, you accept full responsibility for the content posted and are responsible for ensuring it’s accuracy. Any inaccurate, misleading, false, erroneous, or otherwise untru information posted by a user on this site is not the responsibility of Backcountry Gallery LLC. Buyers and sellers choosing to engage in commerce on Backcountry Gallery LLC are responsible for the entirety of the transaction, including but not limited to the negotiation and agreement of purchase terms, methods of concluding the transaction(s), applicable taxes, warranties, and compliance with all state and local laws regarding such transactions. Backcountry Gallery LLC assumes no liability in connection with any transactions taking place as a result of a communication sent or received within the forums contained on the Site, and expressly denies all warranties. Backcountry Gallery LLC reserves the right to remove any posts, listings, information, or the like that are not in compliance with our Terms and Conditions, including suspending offending users.

Non-Disparagement

You and Backcountry Gallery LLC agree, during the term of use of Our Service and after, that all parties shall not in any way publicly slander, disparage, defame, or otherwise criticize any party associated with this Agreement. Any party engaging in such conduct shall be liable to the other for damages caused by such conduct.

This provision shall survive this Agreement to the fullest extent permissible by law.

Report Violations of Other Users

In the event that any user shall, during their use of Our Service, observe any activity or information incepted by any other user, you hereby agree to immediately report such violation to Backcountry Gallery LLC. All reports of violations of this Agreement shall be made anonymously, and no reporting user shall be retaliated against in any way by other users, Backcountry Gallery LLC, or any third-party associated therewith.

Miscellaneous Provisions

Severability

In the event that any term or terms contained within this Agreement, any supplement to, modification of, deletion from, or other change in terms of service or any other Agreement, whether oral or written, express or implied, is declared invalid or unenforceable, the remaining terms shall continue in full force and effect to the fullest extent and duration permissible by law.

Catch All

Backcountry Gallery LLC reserves all other rights not contained herein and hereby disclaims all other liability not expressly or implicitly disclaimed herein to the fullest extend permissible by law.

General Forum Guidelines

You agree to keep conversations civilized and friendly. Name calling, personal attacks, multi-page arguing, and trolling will not be tolerated and your account may be banned or suspended at the sole discretion of the forum moderators and site administrators. Publicly arguing with moderators over forum policy is prohibited, as is any attempt to circumvent their decisions. Failure to follow guidelines and decisions set by the moderators is grounds for immediate banning from the forum. This forum is meant as a positive learning and photo sharing resource and actions that run counter to this purpose will not be tolerated.

ABSOLUTELY NO POLITICS OR RELIGION!! Any post with reference to politics or religion will be deleted.

For Sale, Want To Buy, and For Trade Items are only to be listed in the Marketplace and not in any other forum or in your signature file

We may remove or modify any Content submitted at any time, with or without cause, with or without notice. Requests for Content to be removed or modified will be undertaken only at our discretion. We may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice.

You are granting us with a non-exclusive, permanent, irrevocable, unlimited license to use, publish, or re-publish your Content in connection with the Service. You retain copyright over the Content.

These terms may be changed at any time without notice.

If you do not agree with these terms, please do not register or use the Service. Use of the Service constitutes acceptance of these terms. If you wish to close your account, please contact us.