Terms and conditions

1. INTRODUCTION

• Moka (Mueed ul Haq Qazi, also known as Moeed U. Q., Esq.) with office at 19 Ayub Lawyers Plaza, District Bar Compound, Abbottabad, Pakistan, is the Founder, Creator, Owner, Operator, Webmaster, Administrator, and Data Controller of this Website, and not party to this Agreement.
• The First Party to this contract is M/s Art Patron (SMC-Private) Limited, a single-member private limited company duly incorporated under the Companies Act, 2017, and registered with the Securities and Exchange Commission of Pakistan (SECP) on 28 June 2024 under Corporate Unique Identification Number (CUIN) 0261722, with its registered office at Al-Manzar, Noor Elahi Road, Adjacent Police Lines Mosque, Abbottabad, Khyber Pakhtunkhwa, Pakistan.
• The Second Party, referred to herein as “you,” “your,” or similar pronouns, means any individual who visits, accesses, interacts with, or uses the Website, applies for an account, or becomes a registered user.
• These Terms and Conditions constitute a legally binding agreement between you and the First Party (as may be substituted from time to time in accordance with this section) and come into force immediately upon the creation of your account on the Website.
• You are required to read and fully understand these Terms and Conditions before creating an account. By creating an account, you confirm that you have done so.
• This Agreement is personal to both parties. You may not assign, transfer, novate, or otherwise dispose of this Agreement or any of your rights or obligations hereunder without the prior written consent of the First Party, and any purported assignment or transfer in contravention of this clause shall be void and of no effect.
• Notwithstanding the foregoing, the First Party may, at any time and in its sole discretion, substitute itself with another legal entity (whether incorporated in Pakistan or elsewhere) for operational, structural, or regulatory reasons. Upon such substitution, all rights, powers, and obligations of the First Party under this Agreement shall automatically transfer to the substituted entity without any need for further action or consent on your part, and the substituted entity shall assume all existing obligations and shall be both solvent and capable of performing them, and shall thereupon be deemed the First Party for all purposes of this Agreement.
• The Website is the personal property of the Administrator, who operates it under a services and licensing arrangement with the First Party. The administrative powers exercised by the Administrator throughout this Agreement derive from his ownership and operational control of the Website and are not delegated by the First Party. Actions taken by the Administrator within the scope of those powers shall be recognised as such by both parties for all purposes of this Agreement.
• The First Party recognises that any person who uses this Website may be defined as a consumer, and that nothing herein is intended to remove, limit, or override any right or remedy that a user holds as a consumer under the laws of their jurisdiction.
• For the avoidance of doubt, the commercial structure of this Agreement — including the licensing arrangements, the agency relationship, and the publishing framework — operates alongside the user’s consumer status, not in substitution of it. Where any provision of this Agreement conflicts with a mandatory consumer protection right applicable in the user’s jurisdiction, that consumer protection right shall prevail to the extent of the conflict, and the relevant provision of this Agreement shall be read down or disapplied to the minimum extent necessary to give effect to that right. All other provisions of this Agreement shall continue in full force and effect.

2. CONSENT AND AGREEMENT

• By creating an account on the Website, you voluntarily and expressly agree to the following:
  • To be legally bound by these Terms and Conditions, including all referenced policies and any future updates;
  • To the collection, processing, and storage of your personal data in accordance with the provisions of the Privacy Policy;
  • To receive official communication from the First Party and/or its authorized agents via email, phone, or postal mail.
• Your consent shall be affirmed during the account creation process by checking the acceptance box. Account creation cannot be completed without this affirmative action.
• By completing registration, you acknowledge that the Website’s use of cookies and tracking technologies is governed by the Cookie Policy and the Privacy Policy, both of which are incorporated into this Agreement by reference.

3. USER REGISTRATION AND ACCOUNTS

• You may apply to create an account on the Website without making any payment, by completing the account creation form and clicking the “Create Account” button.
• Verification emails may be sent by the Website Administrator (admin@galry.net) or the Accounts Desk (accounts@galry.net). You are responsible for completing the verification process in the manner specified in the email.
• You are solely responsible for all actions taken through your account. Passwords must be kept strictly confidential. You bear exclusive responsibility for safeguarding your login credentials. Passwords are encrypted and are not visible to the Webmaster in plain text. You may change your password at any time by visiting the Account page and accessing the Security tab.
• You are not permitted to access or use another user’s account without their explicit consent.
• You may create multiple accounts using different email addresses. Each new account registration constitutes a separate and independently enforceable contract between you and the First Party, distinct from any prior registration. Where you hold more than one account, all such accounts must be registered under the same verified legal identity. At the time of KYC verification, you are required to disclose all other accounts held by you on the Website. Failure to disclose related accounts shall constitute a material breach of this Agreement. For compliance and reporting purposes, all accounts held by the same verified individual shall be treated in aggregate.
• Upon registration, you are solely responsible for entering, updating, and managing your personal information. The First Party shall not be liable for any errors, omissions, or consequences arising from your data entry.
• All personal data provided by you will be stored by the Website on its rented server infrastructure, subject to the limitations and disclaimers set forth in these Terms and Conditions, the Privacy Policy, and the Cookie Policy. Please refer to the Privacy Policy for additional details.

4. ELECTRONIC COMMUNICATION AND EMAIL SUBSCRIPTION

• The Website may send and receive electronic communications solely via the following official email addresses:
  • accounts@galry.net — Accounts Desk
  • acquisitions@galry.net — Acquisitions Desk
  • admin@galry.net — Admin’s Desk
  • art@galry.net — Curator’s Desk
  • assistance@galry.net — Assistance Desk

4.1 Transactional Emails

• By entering into this contract, you consent to receive electronic communications necessary to fulfill the terms of this agreement or any applicable law. These may include verifications, confirmations, notices, instructions, updates, additional terms, reports, and other required communications. You may not opt out of transactional emails without deleting your account.

4.2 Subscription-Based Emails

• If you choose to join the mailing list, you agree to receive non-essential communications such as newsletters, editorial notes, curated reports, invitations, or commentary. These communications are discretionary and may be discontinued at any time by unsubscribing.

5. DELETION, TERMINATION, AND SUSPENSION OF ACCOUNTS

5.1 User-Initiated Deletion

• If you wish to delete your account, you may do so by navigating to Account > Security and clicking the ‘Delete Account’ button. Your request must be confirmed by following the instructions sent to your email inbox by the Accounts Desk.
• You may also choose to request the permanent deletion of your personal data by selecting the relevant option during this process. Otherwise, some or all of the personal data you provided may be retained for as long as reasonably necessary to fulfill the legal or operational purposes of this agreement.
• Once deleted, your account cannot be restored. You may create a new account at any time, unless otherwise prohibited by the Administrator.

5.2 Administrator-Initiated Denial of Service, Suspension, or Termination

• You agree that if you engage in any of the activities outlined in Section 18, the Administrator may, at his sole discretion, deny service, suspend, or permanently terminate your account immediately and without prior notice.
• The Administrator shall provide you with a brief statement of the reasons for such action, except where doing so would compromise an ongoing investigation, violate applicable law, or is otherwise not reasonably practicable.
• You may request a review of any such administrative action by contacting the Accounts Desk at accounts@galry.net; however, the decision to restore a terminated account shall rest solely with the Administrator and shall be final.
• Following deletion, denial of service, suspension, or termination, the First Party and the Administrator shall have no further obligation to you under this agreement.

5.3 Continuing Obligations

• You acknowledge that deletion, denial of service, suspension, or termination — whether initiated by you or the Administrator — does not discharge you from any legal or contractual obligations incurred prior to such action.

6. COPYRIGHT LICENSES

• Under the Standard License, you may download digital images free of charge from their original sources.
• Articles are available in the Collection for acquisition under the Extended License.
• To obtain the Extended License, log into your account and click ‘Activate License’ on the home page.

• Standard License — Acknowledgment

• • This Agreement acknowledges that certain digital artworks displayed on the Website are derived from public domain works released under the Creative Commons CC0 1.0 Universal Public Domain Dedication (see https://creativecommons.org/publicdomain/zero/1.0/) by their original copyright holder, Rawpixel Ltd.
  • Licensor: Rawpixel Ltd.
  • Licensee: Any person who accesses or uses the licensed works as permitted under the Creative Commons CC0 1.0 Universal License.
  • Licensed Works: Digital images of artworks that are (i) in the public domain, and (ii) specifically marked or attributed on their source sites as being licensed under the Creative Commons CC0 1.0 Universal License.
  • Territory: Worldwide, subject to applicable law.
  • Duration: For the duration of the copyright term, or the maximum period permitted by applicable law or treaty.
  • The digital works described above are not licensed by the Administrator, nor by any party affiliated with this Agreement. This section is an acknowledgment only. The Administrator merely references the original license terms issued by Rawpixel Ltd. Those CC0 terms apply independently of this Agreement and continue solely to govern the use of such works. Nothing in this Agreement modifies, extends, restricts, or supplements those terms. To the extent that any residual rights may exist under applicable law, such rights are retained solely by the original copyright holder.

• Extended License — Provision of this Agreement

• • The Extended License is a provision of this Agreement. Its full commercial terms — including the name and description of the licensed work, the identity of the owner and licensor, and the applicable license fee — are set out at https://galry.net/license, which is incorporated into this Agreement by reference. In the event of any conflict between this section and the terms at that URL, the terms at that URL shall prevail with respect to the specific commercial particulars of the Extended License, and this section shall prevail with respect to all other matters.
  • Licensee: Any user who applies for, and is granted, the Extended License.
  • Type of license: This license is granted through the Website as a one-time, worldwide, non-exclusive, non-sublicensable, non-transferable, revocable license to use and publish the licensed work in the Prescribed Manner (as defined in Section 22 of this Agreement). Any purported sublicense or transfer of this license by the licensee shall be void and of no effect, and shall constitute grounds for immediate revocation.
  • Rights under this license: Subject to this Agreement, the following are the legal rights of the licensee:
    • Personal Use: The licensee may view, possess, store, print, and make copies of materials containing the licensed work for non-commercial purposes. These rights are perpetual and shall survive the expiry of this license. However, these rights shall not survive revocation of this license and shall extinguish immediately and in their entirety upon revocation, regardless of whether the licensee retains physical or digital possession of the Article following the refund, cancellation, or chargeback that triggered revocation.
    • Publication: The licensee may publish the licensed work for pre-tax Net Proceeds per Successful Distribution as specified at https://galry.net/license, by making their Publication Offers in the Prescribed Manner (as defined in Section 22 of this Agreement). This right is tied to the subsistence of this license and will automatically expire upon the expiry, termination, or revocation of this license.
    • Residual Rights: All residual rights, including without limitation ownership of the licensed work and all licensing rights not expressly granted herein, are reserved by the original copyright owner.
  • Licensor warranty: The Licensor warrants that, to the best of their knowledge, they hold sufficient title and authority to grant the rights set out in this license. No other warranty, express or implied, is given, including any warranty of non-infringement, merchantability, or fitness for a particular purpose.
  • License fee: The fee for this license forms part of the total price to acquire an Article from the Collection. This license may be obtained for executory consideration — namely, the licensee’s binding promise to pay the license fee before the expiration of this license. The license becomes fully validated upon fulfillment of that promise by timely payment.
  • Expiry: This license shall automatically expire on the date specified in the Extended License available at https://galry.net/license. Upon expiry of this license, the Publication right shall lapse and all pending Publication Offers shall stand void; however, the Personal Use rights described above shall survive and remain in full force, as the licensee has fulfilled their payment obligation and retains the Article.
  • Termination: This license automatically terminates upon its expiry date unless validated through timely payment of the applicable license fee. Upon termination of this license — arising from non-payment of the license fee before the expiry date — the license shall be deemed void ab initio, and this effect shall occur automatically. All Publication Offers made by the licensee shall stand void, and any amounts reflected in the Activities tab as Pending Proceeds shall be forfeited, since no right to Net Proceeds can subsist without a valid and subsisting license.
  • Revocation: This license is deemed immediately revoked upon: (a) final approval for the processing of any refund or cancellation requested by the licensee; or (b) final approval for the processing of any chargeback initiated or authorised by the licensee. Upon revocation of this license — whether arising from a refund, cancellation, or chargeback — all rights granted under this license, including Personal Use rights, shall extinguish immediately and in their entirety. The license shall be deemed void ab initio upon revocation, and this effect shall occur automatically. All Publication Offers made by the licensee shall stand void, and any amounts reflected in the Activities tab as Pending Proceeds shall be forfeited, since no right to Net Proceeds can subsist without a valid and subsisting license. This remains the case even though the Activities tab may continue to display historical or automatically generated entries, which shall not constitute valid Publication Offers, Accepted Offers, Pending Proceeds, or Successful Distributions after revocation.
  • Geographical limitations: Subject to Section 7 and applicable law, this license has no geographical limitations and applies in all jurisdictions where the Website lawfully operates and where Articles can lawfully be delivered.

7. THE COLLECTION

7.1  Modes of Offering

• Articles in the Collection are offered in one of two forms:
  • in physical form, as a custom, print-on-demand, or made-to-order item, produced specifically upon receipt of an order and described in the relevant product listing; or
  • in digital form, as a downloadable file made accessible through Account > Downloads.
• To acquire any Article, you must hold a valid account on the Website. An Article may only be acquired if it is listed in the Collection at the time of acquisition

7.2  Delivery of Digital Articles

• Digital Articles are made accessible within a reasonable time — ordinarily within five (5) days of the order being confirmed by the system (the earlier of: payment receipt confirmation or order status being set to “Processing”) — through download buttons, internal or external links on the Website, and/or by email to the address registered to your account.
• For the avoidance of doubt, delivery of a digital Article is deemed complete at the moment it is made available to you through your account, by email, or by any other electronic means — whether or not you subsequently download, open, or use the file. The grant of access constitutes full and final delivery.
• If a download link fails or expires before you have successfully accessed the file, the First Party shall re-issue access without additional charge upon written request submitted to the Acquisitions Desk.

7.3  Delivery of Physical Articles

• Each physical Article is produced on demand. No fixed inventory is held. The delivery period therefore encompasses both the production phase (printing, binding, finishing, and quality checking) and the transit phase (international or domestic shipping to your designated delivery address). These two phases are sequential, and neither is within the exclusive control of the First Party.
• Physical Articles are dispatched within a reasonable time after production is complete, with delivery ordinarily expected within ten (10) weeks of the order being confirmed by the system (the earlier of: payment receipt confirmation or order status being set to “Processing”). This period is an estimate and reflects the full pipeline from production to final delivery. Actual delivery times will vary by destination and prevailing conditions. You are encouraged to account for this timeline before placing an order.
• The indicative ten (10) week period is not a guarantee. A longer or shorter period may apply depending on your delivery destination, the nature of the Article ordered, and circumstances outside the First Party’s reasonable control. Where an estimated delivery date is provided at checkout or in your dispatch confirmation, that estimate shall serve as the operative reference point for the purposes of Section 9 (Refunds and Remedies).
• Deliveries to P.O. boxes are not permitted. Where a customer provides a P.O. box address, the order will be placed on hold and the customer notified to supply a valid physical address within fourteen (14) days, failing which the order may be cancelled and a full refund issued.

7.4  Completion of Order

• An order is deemed Completed when its status under Account > Orders is marked “Completed,” which signifies:
  • for digital Articles: that the Article has been made available for access or download; and
  • for physical Articles: that the delivery carrier has confirmed final delivery to the designated address.

7.5  Shipping and Territorial Limitations

• Shipping is free worldwide except to the following territories, to which additional shipping charges or restrictions may apply:
  • Antarctica, Bhutan, Bonaire, Saint Eustatius and Saba, Brazil, British Indian Ocean Territory, Cuba, Curaçao, Falkland Islands, India, Isle of Man, Niue, Northern Mariana Islands, Pitcairn, Saint Martin (French part), Tajikistan, Tokelau, Turkmenistan, U.S. Minor Outlying Islands, and Western Sahara.
• Physical Articles are not sold or shipped to the following territories:
  • Ascension, Bouvet Island, French Southern Territories, North Korea, Saint Barthélemy, Svalbard and Jan Mayen, and Tristan da Cunha.
• The First Party reserves the right to amend either list at any time to reflect changes in applicable law, sanctions, or operational capacity, with notice posted on the Website no less than seven (7) days prior to the amendment taking effect, except where immediate amendment is required by law or regulatory order.

7.6  Definition of Reasonable Time and Force Majeure

• For the purposes of this Section, reasonable time means the period ordinarily required to complete delivery or provide access under prevailing conditions, with the indicative periods specified above serving as the presumptive baseline. Those periods are estimates only and do not constitute a guarantee of delivery by any specific date.
• The First Party, the Administrator, and their respective principals, agents, sub-agents, employees, contractors, partners, collaborators, suppliers, representatives, and service providers shall not be liable for delay or failure of delivery or access arising from causes beyond their reasonable control, including without limitation: acts of God, natural disasters, epidemic or pandemic, war, civil unrest, government action or embargo, strikes or labour disputes, failure of third-party carriers or infrastructure, or other events of force majeure.
• If a physical Article has not been delivered within three (3) times the applicable indicative period (i.e., thirty (30) weeks from order confirmation), or if a digital Article has not been made accessible within fifteen (15) days of order confirmation, you may contact the First Party in writing to request a remedy in accordance with Section 9 (Refunds and Remedies).

7.7  Fulfillment Authority

• All deliveries and order fulfillments under this Section are performed by the First Party or its sub-agents, contractors, partners, collaborators, suppliers, representatives, and service providers pursuant to the authority granted under Section 17 (Agency) of this Agreement.

8. PAYMENT METHODS AND ACQUISITION OF ARTICLES

• Payment methods may include, without limitation, bank transfers, credit or debit cards, cryptocurrencies, digital wallets (e.g., Google Pay, Apple Pay), and any other payment channels, platforms, or technologies as may be introduced, enabled, suspended, or discontinued by the Administrator from time to time in his sole discretion.
• Credit and debit card payments (including Visa and Mastercard) are currently processed through PayPro (Pvt.) Ltd. (https://paypro.com.pk/), Suite 302, Tariq Center, Tariq Road, Plot 1C, Block 2, PECHS, Karachi, Pakistan. The First Party may, from time to time and without the prior consent of the Second Party, change, replace, or supplement its payment service providers. Any such change shall be notified by publication on the Website and, where reasonably practicable, by email to registered users, stating the effective date of the change. Changes in payment service providers shall not affect the validity of payments already processed or any obligations arising from completed transactions.
• Payments are processed by the applicable payment service provider and are subject to that provider’s terms, conditions, and privacy policy. Cardholder data (if any) is collected and processed by the payment service provider in accordance with applicable law and recognized industry standards (including PCI-DSS, where applicable). The First Party shall use reasonable care in the selection and supervision of its payment service providers but shall not be liable for their security practices or any acts or omissions except to the extent directly caused by the First Party’s own negligence or breach of this Agreement.
• Payment amounts, currency conversions, and any transaction fees charged by payment service providers shall be displayed at checkout. Refunds, chargebacks, and payment disputes are governed by these Terms and Conditions and by the policies of the applicable payment service provider. The First Party shall provide reasonable cooperation in resolving such disputes.
• Subject to Section 9, The rights and obligations arising from an order, once confirmed and marked as completed in your account (as defined in Section 7), shall be final and binding.
• Payment Authority: All payments and refunds under this section are received and processed by the First Party or its sub-agents pursuant to the authority granted under Section 17 (Agency).

9. REFUNDS, CANCELLATIONS, AND CHARGEBACKS

9.1  Digital Articles — No Refund After Access

• All acquisitions of digital Articles are final. Because each digital Article consists of high-value intellectual property and irrevocable publishing rights, and because delivery is complete at the moment access is granted, no refunds are available once access has occurred.
• For the purposes of this Agreement, access is deemed to occur at the moment the digital Article is made available to you through your Account (including, without limitation, the Account > Downloads section), by email, or by any other electronic means — whether or not you subsequently download, open, or use the file. The making-available of the Article constitutes full and final delivery and extinguishes any right of return or refund, except as expressly provided below.
• The sole exception is a verified technical failure attributable to the First Party or its agents that prevents access entirely and cannot be remedied within a reasonable time. In that event, the following procedure applies:
  • You must submit a written refund request to the Acquisitions Desk (acquisitions@galry.net) within fourteen (14) days of the date on which access should have been granted (ordinarily, within five (5) days of order confirmation). Requests submitted outside this window shall be rejected.
  • The First Party shall endeavour to remedy the failure within seven (7) days of receiving your request. If the failure cannot be remedied within that period, a full refund shall be issued within fourteen (14) business days of the date on which it is confirmed that a remedy is not possible.
  • If the parties cannot agree within fourteen (14) days of your refund request whether a qualifying technical failure has occurred, you may escalate the matter to your payment processor, whose determination shall be final and binding on both parties.
• Buyer’s remorse, change of mind, failure to review the Article description, or failure to download or use the Article after access has been granted shall not constitute grounds for a refund under this sub-section or any other provision of this Agreement.

9.2  Physical Articles — Limited Remedies

• Each physical Article is produced on demand. No fixed inventory is held. Orders cannot be cancelled once placed. Refunds and remedies for physical Articles are available only in the following three circumstances, and on no other grounds.

9.2.1 Non-Delivery

• For the purposes of this sub-section, Expected Delivery Date means: (i) the estimated delivery date shown in the carrier’s tracking information; or (ii) the date specified in the dispatch confirmation issued by the Acquisitions Desk, whichever is earlier. If neither is available, the Expected Delivery Date shall be seventy (70) days from the Dispatch Date (the date on which the First Party or its agent confirms shipment of the Article).
• If a physical Article is not delivered by the Expected Delivery Date, you may submit a written refund request to the Acquisitions Desk (acquisitions@galry.net) no later than fourteen (14) days after the Expected Delivery Date. Requests submitted after this period shall be rejected.
• Proof of dispatch — including carrier tracking records and documented contents of the sealed package at the time of dispatch — shall constitute prima facie evidence that the Article was dispatched as ordered. This evidence shall be conclusive as to dispatch unless you produce written confirmation from the carrier itself acknowledging a delivery failure, misdelivery, or loss in respect of the relevant tracking number.

9.2.2 Wrong Item or Materially Not As Described

• If the Article delivered is materially different from the Article ordered (including where the wrong item has been dispatched), you may submit a written claim to the Acquisitions Desk within fourteen (14) days of the delivery confirmation date, supported by photographic or other verifiable evidence of the discrepancy. Upon verification, the First Party shall, at its election, either arrange replacement delivery of the correct Article or issue a full refund. This remedy is the sole and exclusive remedy available for wrong-item or not-as-described claims.

9.2.3 Scope of “Materially Different”

• Minor variations in size, colour, materials, finish, or production details that do not materially affect the Article’s description or intended purpose shall not constitute grounds for a refund or wrong-item claim. Because each Article is produced on demand, minor manufacturing variation is inherent to the process and does not render the Article defective or misdescribed. Images and mockups displayed on the Website (including frames, posters, and books) are for illustration purposes only and do not represent guaranteed exact physical specifications.
• For multi-item or multi-shipment orders, the foregoing shall apply separately to each shipment and each Article, each of which shall have its own Dispatch Date and Expected Delivery Date.

9.3  Cancellations

• All acquisitions made through the Website are final and non-cancellable once placed.
  • Orders for digital Articles shall not be cancelled once placed, whether or not the digital file has been accessed, downloaded, or used.
  • Orders for physical Articles are produced on demand and shall not be cancelled once placed, whether or not the order has entered production, fulfillment, or shipment.
• The exclusion of cancellation rights reflects the nature of the Articles offered — high-value digital intellectual property and custom, print-on-demand physical goods. By placing an order, you expressly acknowledge and agree that no right of cancellation applies. The only remedies available to you are those set out in sub-sections 9.1 and 9.2 above.
• Buyer’s remorse, change of mind, or failure to review the description of an Article prior to purchase shall not constitute grounds for cancellation or refund under any provision of this Agreement.

9.4  Mode and Manner of Refunds

• Refunds, where applicable under sub-sections 9.1 or 9.2, are processed by the Acquisitions Desk and shall be issued within fourteen (14) business days of the date on which the refund is approved. If this period cannot be met, the Acquisitions Desk shall notify you and provide a revised processing date.
• Refunds shall be processed using the same payment method originally used for the order, wherever technically feasible and permitted by the applicable payment processor. If such a refund is not possible (for example, due to technical limitations, expiration, or closure of the original payment method), the Acquisitions Desk will notify you and arrange an alternative method at its reasonable discretion.
• Where this Agreement provides for a “full refund,” that term means a refund of the amount paid for the relevant Article, net of any third-party transaction fees, charges, or taxes that are non-recoverable by the First Party. The First Party shall not be liable for fees charged by your payment provider, card issuer, or financial institution in connection with the original transaction or its reversal.

9.5  Chargebacks

• Chargeback rights are determined by the rules of your card issuer, payment processor, and applicable law. Their availability, time limits, and procedures are outside the control of the First Party. Chargebacks are not available for payments made by direct bank transfer, cryptocurrency, or any other method where reversals are not technically supported.
• The First Party will reasonably cooperate with payment processors in resolving chargeback disputes but shall not be responsible for decisions made by third-party payment networks.

9.6  Consequence of Chargeback for Digital Articles

• Where a chargeback is initiated in respect of a digital Article, the Extended License shall be deemed immediately revoked in accordance with Section 6 of this Agreement, and all consequences of revocation set out therein — including forfeiture of Pending Proceeds and extinguishment of all rights — shall take effect immediately, and any Publication Offers made by you as the licensee shall stand void.
• The First Party will reasonably cooperate with your payment processor or card issuer in connection with any chargeback dispute and will provide relevant evidence in support of its position. You agree to provide accurate and complete information if contacted in connection with a chargeback investigation.
• Where a chargeback results in the recovery of funds by you in respect of a transaction for which no right of refund existed under this Section, and where the Article had been made available to you, you acknowledge that you will have received full delivery of the Article without valid grounds for recovery of the purchase price. The amount recovered in such circumstances shall be treated as unjust enrichment at the expense of the First Party, and the First Party reserves the right to seek recovery of that amount through any available legal means, including civil proceedings.
• For the avoidance of doubt, nothing in this clause is intended to discourage or penalise you from exercising any chargeback rights available to you under the rules of your card issuer or applicable law. The First Party’s right of recovery arises solely from the legal consequences of the retainment of funds to which no entitlement exists.

9.7  Savings Clause

• Nothing in this Agreement is intended to exclude, restrict, or modify any right or remedy that cannot lawfully be excluded, restricted, or modified under mandatory consumer protection laws applicable in your jurisdiction. To the extent that any provision of this Agreement is unenforceable under such laws, that provision shall be read down or severed to the minimum extent necessary, and the remainder of this Agreement shall continue in full force and effect.

10. ACTIVITIES AND DISBURSEMENTS

10.1 Activities Tab

• The Activities tab in your Account page does not create financial rights or obligations. It is provided solely for informative purposes and serves as a record of publishing activities and their corresponding outcomes. It is not a stored balance, account statement, bank, wallet, or ledger. No entry in the Activities tab shall by itself create any contractual or legal right to claim any sums. The amounts displayed in the Activities tab cannot be spent, whether wholly or partially, for purchases on the Website  or elsewhere on the Internet. You do not have the option of top-up, and no amount can be transferred in-between your and other users’ Activities tabs.

10.2 Publishing Proceeds

• All instances of Rights Acquisition are treated as Accepted Offers. 
• Publication Offers are deemed accepted only when Acceptors make their Rights Acquisitions by entering the Publisher’s Publication Key in the designated field on the Website interface where new licenses are activated.
• Prospective Proceeds shall be as specified in the Extended License for every Accepted Offer, subject to reversal in the case of Unsuccessful Distributions.
• Upon maturation into Net Proceeds, the amount shall likewise be as specified in the Extended License for every Successful Distribution respectively.
• Disbursement of Net Proceeds for Successful Distributions is contractually due in accordance with this Agreement.
• No Disbursement shall be made for Unsuccessful Distributions.

10.3 Timeframe

• Disbursements are effected at the direction of the Administrator following the conclusion of each Accounting Period.
• Reasonable efforts will be made to effect Disbursements promptly once due. However, processing times may vary depending on applicable government policies and the policies of third parties such as financial institutions, as well as other factors beyond the control of the First Party or the Administrator, including but not limited to accounting, compliance, reporting, and legal requirements.

10.4 Conditions

• Disbursements Tab: Funds shall be remitted to the personal bank account linked by you within the “Disbursements” tab of your Account page, provided such account is held in your verified legal name and located in your verified country of primary residence. Third-party, offshore, or non-verified accounts are strictly prohibited. The account title must exactly match the identity documentation provided during the Know Your Customer (KYC) process.
• Conditions Precedent to Vesting: For the avoidance of doubt, no right to receive any Disbursement shall vest, and no Disbursement shall be deemed “due,” “owing,” or a “debt,” until you have fully satisfied the following conditions to the sole satisfaction of the Administrator:

1. Maintained a valid, active galry.net account in good standing. Good standing is defined as full compliance with the Terms and Conditions, with no pending investigations for fraud, AML violations, or material breach;
2. Successfully linked a verified bank account in your own name via the galry.net portal;
3. Completed all required identity verification (KYC/AML) and sanctions screening;
4. Complied with all applicable laws, regulations, and these Terms and Conditions, as amended.

• Mandatory Claim Period: Net Proceeds that are contractually available for release must be claimed within the Mandatory Claim Period as defined in Section 22. To claim a Disbursement within this period, you must maintain your account in good standing, satisfy all applicable KYC/AML requirements, and link a valid bank account via the Disbursements tab. Failure to satisfy these conditions before the expiry of the Mandatory Claim Period shall result in the relevant Net Proceeds being marked as Expired, and the right to receive the corresponding Disbursement shall be permanently extinguished without further obligation on the part of the First Party.
• Adjustments and Withholding: All Net Proceeds from Successful Distributions are eligible for Disbursement, subject to the following:
  • Banking Costs: Any returned or rejected transfer fees, or intermediary banking charges, shall be deducted from the Net Proceeds or the Disbursement, as applicable.
  • Compliance Holds: Disbursements may be declined, suspended, or revoked where compliance or regulatory requirements are not satisfied.
  • Liquidated Damages: In the event of a material breach (including but not limited to fraud, identity misrepresentation, or violation of sanctions), the First Party may permanently cancel, forfeit, or claw back Disbursements as liquidated damages. The parties agree that such action represents a genuine and reasonable pre-estimate of the administrative, legal, and operational costs incurred by the First Party to investigate and remediate such breach, and is not a penalty.
• User Responsibility: You are solely responsible for the accuracy of provided information. The First Party assumes no liability for funds lost due to incorrect account details provided by you.

10.5 Currency Conversion

• Where currency conversion is required, the Disbursement shall be calculated using the exchange rates applied by the Administrator’s payment processor or financial institution at the time the transfer is initiated. The First Party and the Administrator shall not be liable for any discrepancies, fluctuations, or additional conversion fees applied by intermediary banks, your receiving bank, or any third-party financial institutions. You acknowledge that the final amount received may differ from the calculated Disbursement due to such third-party rates and fees.

10.6 Pending vs. Net Proceeds

• Gross Publishing Receipts: The sale considerations, after deduction of transaction charges, payment gateway charges, and any applicable taxes on transactions, constitute the Publisher’s Gross Publishing Receipts. From such Gross Publishing Receipts, the First Party shall apply, in the following order, all amounts due and payable under this Agreement, including but not limited to: (a) royalties and license fees to original copyright owners; (b) licensing fees, professional fees, management fees, and other contractually due charges; and (c) costs and expenses directly incurred in connection with Publishing, including, without limitation, content delivery, hosting, CDN costs, production, printing, shipping, and fulfillment. The balance remaining after such deductions constitutes the pre-tax Net Proceeds, which shall be subject to Disbursement in favor of the Publisher in accordance with this section and applicable laws. Any residue remaining thereafter shall represent the Administrator’s reimbursement for costs and administrative overheads incurred in maintaining and operating the publishing system.
• Status of Proceeds: Amounts reflected within the “Activities” tab of the Account page are for informational purposes only and may include “Pending Proceeds” or other entries that do not constitute a debt, a vested right, or a contractually due amount.
• Eligibility for Disbursement: Disbursements are strictly limited to Net Proceeds that have been fully verified, cleared of all potential reversals or offsets, and are standing for release in accordance with these Terms and Conditions.
• Conversion of Pending Proceeds: Any “Pending Proceeds” shall only become eligible for Disbursement if and when they satisfy all conditions to be reclassified as Net Proceeds (including, but not limited to, the expiration of any applicable refund, chargeback, or holding periods). The Administrator reserves the right to recalculate or void any Pending Proceeds or Net Proceeds in the event of a reversal, error, or identified breach of this Agreement.

10.7 Refunds, Returns, and Chargebacks

• Holding Periods and Reversals: Disbursements are effected only after the expiration of the Minimum Holding Period (as defined in these Terms and Conditions) and the clearing of all potential refund, reversal, or chargeback windows.
• Post-Disbursement Invalidation: In the event of a refund, reversal, cancellation, or chargeback (a “Reversal Event”) occurring after a Disbursement has been effected:

• Right of Offset: The First Party may deduct the full amount of the Reversal Event, plus any associated administrative fees, bank penalties, or processing costs, from any current or future Net Proceeds or Disbursements.
• Direct Recovery: If no future Disbursements are pending, you shall, upon written demand, immediately remit the full amount of the Reversal Event and associated costs to the Administrator.
• Liability: You remain personally liable for all Reversal Events, regardless of whether your galry.net account remains active or in good standing at the time of the Reversal Event.

• Administrative Fee: The Administrative Fee shall be equal to the greater of $35.00 (USD) or the actual costs and penalties imposed by the financial institution, plus a 15% processing surcharge.

10.8 Force Majeure and Delays

• Commercially Reasonable Efforts: The First Party and the Administrator shall use commercially reasonable efforts to effect Disbursements in a timely manner. However, Disbursements may be delayed, paused, or deferred due to factors beyond their reasonable control, including but not limited to:
  • Internal or external compliance reviews, audits, or investigations;
  • Changes in legal, accounting, or regulatory requirements;
  • Failures in third-party banking systems or telecommunications; and
  • Force Majeure events (e.g., natural disasters, war, or systemic financial instability).
• Limitation of Liability for Delays. Neither the First Party nor the Administrator shall be liable for any indirect, incidental, or consequential loss, costs, or damages (including loss of profit or opportunity) arising from a delay in effecting a Disbursement. Under no circumstances shall interest or late fees accrue on any funds held or delayed pursuant to this section.

10.9 Invalid or Non-Compliant Publishing

• No Disbursement shall be effected for any publishing event that is not conducted in the Prescribed Manner or that is made without activating an Extended License.

10.10 Activities Tab Entries

• Internal Accounting Only: The terms “Issue” and “Settle” are defined solely for the purpose of the Administrator’s internal record-keeping and do not constitute, imply, or represent “settlement” or “issuance” as defined under any payment-system, accounting, or securities regulations.
• The “Settle” Entry: Whenever an “Issued” entry no longer represents an amount available for release — regardless of whether this is due to an effected full or partial Disbursement, an Unsuccessful Distribution, reversal (due to a refund or chargeback), clawback, withholding (compliance), forfeiture (breach), system adjustment, lapse, expiry, or deduction — the Administrator shall record a “Settle” entry in the Activities tab.
• Resolution of Entries: The recording of a “Settle” entry serves as the final administrative resolution of the corresponding “Issued” entry. For the avoidance of doubt, a “Settle” entry recorded due to an Unsuccessful Distribution, reversal (due to a refund or chargeback), clawback, withholding (compliance), forfeiture (breach), system adjustment, lapse, expiry, or deduction extinguishes the user’s right to receive the corresponding funds and does not result in a full or partial Disbursement. Upon the recording of such an entry, any corresponding funds shall revert to the First Party, and the user shall have no further claim, right, or interest in such amounts.

10.11 Deductions

• Subject to applicable law, all required deductions shall be applied to the Disbursement before the funds are released. These deductions include, but are not limited to:
  • Governmental: Withholding taxes, stamp duties, value-added taxes (VAT), and other statutory levies;
  • Banking: Transaction fees, intermediary banking charges, and wire transfer costs;
  • Operational: Currency conversion fees, administrative expenses, and third-party processing fees.
• No Gross-Up: The First Party and the Administrator are not obligated to increase or “gross-up” any Disbursement to compensate for these deductions. You acknowledge that the amount hitting your receiving account will be the net amount after all such charges.
• Liability: Neither the First Party nor its agents shall be liable for any shortfall in the received amount resulting from deductions applied by third-party financial institutions or government agencies.
• Example: If the Disbursement amount is 1000 USD (or equivalent) and total applicable deductions are 300 USD (or equivalent), then 700 USD (or equivalent) will be released to your receiving account.

10.12 Clawback and Recoupment

• For a period of three (3) years following any Disbursement, the First Party and the Administrator reserve the right to claw back or recoup any amounts resulting from:
  • Fraud, misrepresentation, or intentional misconduct by the Second Party;
  • Over-remittance due to accounting, clerical, or system errors; or
  • Additional deductions required by subsequent changes in applicable law, tax regulations, or court orders.
• Methods of Recovery: The First Party may, at its sole discretion:

1. Offset: Deduct the required amount from any current or future Net Proceeds or Disbursements;
2. Demand: Require the Second Party to remit the full amount within fourteen (14) days of a written demand; and/or
3. Recover Costs: In cases involving fraud or material breach, recover all reasonable costs of investigation and enforcement, including legal fees.

• Survival: The clawback and recoupment rights set out in this section shall survive the termination, expiration, cancellation, or rescission of this Agreement, the deletion, suspension, or closure of the Second Party’s account, and any substitution of the First Party, and shall remain in full force and effect for the duration of the three-year period calculated from the date of the relevant Disbursement, regardless of the circumstances giving rise to the end of this Agreement or the Second Party’s account.

10.13 Tax Obligations and Indemnity

• Second Party’s Responsibility: Subject to applicable law, and regardless of any statutory withholdings or deductions made by the First Party, the Second Party remains solely and exclusively responsible for the accurate assessment, filing, reporting, and payment of all applicable taxes — including but not limited to income tax, sales tax, VAT, or digital service levies — arising from their use of the Extended License or the receipt of any Disbursements.
• Indemnification: The Second Party agrees to indemnify, defend, and hold harmless the First Party, the Administrator, and their affiliates and representatives from and against any and all liabilities, claims, interest, penalties, or legal costs (including professional advisor fees) resulting from the Second Party’s failure to fulfill their tax obligations or any misrepresentation of their tax status.
• Information Sharing: The Second Party acknowledges that the First Party may be legally required to report Disbursement data to relevant tax authorities and agrees to provide any necessary tax identification numbers upon request. Such reporting may be conducted without further notice to the Second Party where required or permitted by law.

10.14 No Professional Advice or Relationship

• Information Only: All contents of this section, and any information provided within the Website, are for general informational purposes only. They do not constitute, and shall not be interpreted as, legal, tax, financial, accounting, or other professional advice.
• User Responsibility: You acknowledge that your specific circumstances are unique. You are strictly encouraged to seek independent advice from qualified professionals (such as a licensed attorney or a certified tax advisor) before making any decisions. Any reliance you place on the information provided herein is at your sole and exclusive risk.
• No Relationship Created: Neither this Agreement nor your use of the Website shall be construed as creating any professional, advisory, fiduciary, partnership, or joint venture relationship between you and the First Party or the Administrator.
• Accuracy Disclaimer: Information is provided on an “as is” and “as available” basis. The First Party makes no warranties regarding the accuracy, completeness, or timeliness of such information and assumes no liability for any errors or omissions.

11. SERVICE AVAILABILITY

• The Administrator does not guarantee uninterrupted or error-free access to the Website. Temporary unavailability may occur due to maintenance, technical issues, or circumstances beyond the Administrator’s reasonable control.
• The Website and its services are intended to be accessible twenty-four (24) hours a day, seven (7) days a week; however, the Administrator may at any time temporarily suspend, limit, or restrict access to the Website or any part thereof, including without limitation user registration, account creation, and access to digital or physical products, due to system maintenance, upgrades, error management, inspections, technical issues, network failures, or any force majeure event, including but not limited to natural disasters, national emergencies, civil or political unrest, war, economic crises, epidemics, pandemics, or acts of government.
• Where a suspension or restriction is planned, the Administrator will make reasonable efforts to notify users in advance of the expected duration and nature of the interruption. Where a suspension or restriction is unavoidable or unplanned, notice may be issued after the event or not at all.
• Users acknowledge and agree that the Administrator, his agents, and service providers shall not be liable for any loss, damage, or inconvenience arising from or related to the unavailability, suspension, or restriction of the Website or any of its services, whether or not notice was given.

12. LIMITATION OF LIABILITY

• The Website, its content, and its services are provided on an ‘as-is’ and ‘as-available’ basis. While the Administrator and the First Party have implemented reasonable security measures, no guarantee can be made that the Website or its systems are completely secure or error-free. Any information you provide on the Website is done at your own risk.
• The First Party shall not be liable for any loss, damage, or harm arising from communications purporting to originate from the Website or its official email addresses but which were not in fact sent by or on behalf of the First Party or the Administrator, including without limitation spoofed, phishing, or fraudulent communications. You are responsible for verifying the sender’s email address against the official addresses listed in Section 4 before acting on any communication, and the First Party shall not be liable for any loss arising from your failure to do so.
• You acknowledge that you are solely responsible for your decisions and actions. To the fullest extent permitted by applicable law, the First Party, the Administrator, and their respective principals, agents, sub-agents, employees, contractors, partners, collaborators, suppliers, representatives, and service providers shall not be liable for any loss, damage, claim, liability, cost, or expense of any kind — whether direct, indirect, incidental, consequential, exemplary, or punitive — arising out of or in connection with your access to or use of the Website, these Terms and Conditions, or any reliance placed on information provided through the Website or its services.
• This limitation applies without restriction to, and includes without limitation, losses or damages arising from or related to:
  • Interception, alteration, misdelivery, or misuse of electronic communications, whether or not sent to or received from the official addresses listed in Section 4;
  • Interruptions, outages, delays, or unavailability of the Website, its features, or network services;
  • The use, misuse, or inability to use the Website, its features, services, or products;
  • Security breaches, data leaks, hacks, or any other system compromises, including the circumstances described in Section 11;
  • Information, content, or data posted, transmitted, or made available by users or third parties;
  • Loss, theft, or compromise of account credentials, including passwords;
  • Non-performance or delay caused by your actions, operation of law, governmental regulations, or any events described in Section 11;
  • Fraud, social-engineering attempts, technical errors, or unauthorized access by third parties affecting financial or other transactions;
  • Illegal, negligent, careless, excessive, or unauthorized acts or omissions by you;
  • The failure of any nonexclusive license or activity under these Terms to generate profit;
  • Non-delivery of products, payments, or communications resulting from inaccurate, incomplete, or outdated information provided by you;
  • Services or benefits provided free of charge; or
  • Any other events, causes, or circumstances beyond the reasonable control of the First Party or the Administrator.
• This limitation applies to all forms of loss or damage, whether foreseeable or unforeseeable, even if the First Party or the Administrator has been advised of the possibility of such loss, and regardless of the legal theory under which such claim is brought.
• By using the Website, you expressly waive the right to hold the First Party, Administrator, and their respective principals, agents, sub-agents, employees, contractors, partners, collaborators, suppliers, representatives, and service providers liable for any such losses, damages, or claims, whether based in contract, tort, statute, equity, negligence, or any other legal or equitable theory. In any case where liability cannot be lawfully excluded, the total aggregate liability of the First Party and the Administrator, collectively, shall not exceed the amount you actually paid (if any) for the relevant transaction, product, or license.

13. INDEMNITY

• To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the First Party, Administrator, and their respective principals, agents, sub-agents, employees, contractors, partners, collaborators, suppliers, representatives, and service providers from and against any and all claims, demands, losses, liabilities, damages, costs, or expenses (including reasonable attorney’s fees and court costs) arising directly or indirectly from:
  • Your access to or use of the Website or its services;
  • Any violation of these Terms and Conditions;
  • Any breach of applicable laws or regulations by you;
  • Any misrepresentation, fraud, or negligent act or omission by you; or
  • Any claim, action, or proceeding initiated by a third party as a result of your acts or omissions.
• Your obligation to indemnify, defend, and hold harmless shall apply whether the claim is asserted jointly or individually against any of the indemnified parties, and shall survive deletion, termination, or suspension of your account, cessation of access to the Website, or expiration of these Terms and Conditions.

14. WAIVER

By using the Website, you acknowledge and agree to the following:

14.1. Understanding of Terms

• You confirm that you have read, understood, and accepted these Terms and Conditions, as well as any official communications issued by the Website or its Administrator.

14.2. Responsibility for Financial Transactions

• You are solely responsible for the security of your financial transactions and personal information, including but not limited to credit/debit card data, bank accounts, and online payment credentials. All such transactions are made entirely at your own risk and cost.

14.3. Limits of Liability

• This sub-section operates in addition to, and without limiting, Section 12 (“Limitation of Liability”).
• You acknowledge and agree that the First Party, the Administrator, and their respective principals, agents, sub-agents, employees, contractors, partners, collaborators, suppliers, representatives, and service providers shall not be liable for any interruption, modification, or discontinuation of website services, features, or products, or for any resulting inconvenience or loss.

14.4. Website Operations

• The Administrator may, at his discretion and without prior notice, discontinue any product, temporarily or permanently suspend or modify any feature or service, or shut down the Website entirely.

14.5. Purpose of this Waiver

• Because the Website offers high-value digital content and specialized physical products that cannot easily be replaced or returned, these rules reasonably allocate certain risks to users to enable secure and sustainable operations.

14.6. Preservation of Legal Rights

• Nothing in this section limits or excludes your statutory rights, nor does it affect your remedies in cases of negligence, unlawful conduct, or deliberate breach by the First Party.

15. DISCLAIMER

15.1. Fraud Prevention

• Beware of imposters and fraudulent solicitations. The First Party will never request payment outside of the Website. All payments are collected exclusively through the acquisition of Articles from the Collection. Do not transfer funds to anyone claiming association with the Website, its owners, or its representatives through any channel not listed below.
• Always verify the sender’s email address before responding to any communication purportedly from the Website or its representatives. Official communications are sent exclusively from the following addresses:
  • accounts@galry.net — Accounts Desk
  • acquisitions@galry.net — Acquisitions Desk
  • admin@galry.net — Admin’s Desk
  • art@galry.net — Curator’s Desk
  • assistance@galry.net — Assistance Desk
• Any communication received from an address other than those listed above should be treated as unauthorised and reported to assistance@galry.net. The First Party, the Administrator, and Moka accept no liability for loss or damage arising from engagement with fraudulent communications purporting to originate from the Website or its representatives.

15.2. Reference Material

• A White Paper providing a detailed explanation of the legal foundation and legitimacy of the Website’s operations and business model is available at galry.net/white-paper.
• Users are encouraged to read it before creating an account or acquiring any Article.
• The Terms and Conditions, together with all Policies and Notices published on the Website, are available at galry.net/terms and incorporated into the agreement governing your use of the Website.

15.3. Acknowledgment and Understanding

• Before creating an account or acquiring any Article, you must read and comprehend the Terms and Conditions, together with all Policies and Notices published on the Website, all of which are available at galry.net/terms. By using the Website, creating an account, or acquiring any Article, you acknowledge and confirm that you have read, understood, and agreed to all Terms, Policies, and Notices, and that you are fully aware of your legal rights and obligations thereunder. If you do not understand any part of these documents, you are encouraged to seek independent legal advice before proceeding.

15.4. No Financial Advice

• All content, information, and tools on the Website are provided for informational and operational purposes only. Nothing on the Website constitutes financial, investment, tax, or accounting advice, nor should it be relied upon as such. The First Party, the Administrator, and Moka do not hold themselves out as financial advisors. You are strongly encouraged to consult a qualified and independent financial advisor before making any decision based on information provided on the Website or in any communication from the Website or its representatives. Reliance on any information provided on the Website is at your sole and exclusive risk.

15.5. No Legal Advice

• Nothing on the Website, in the Terms and Conditions, in any Policy or Notice, or in any communication from the Website or its representatives constitutes legal advice, nor should it be relied upon as such. The First Party, the Administrator, and Moka do not hold themselves out as providing legal services to users. You are strongly encouraged to seek independent legal advice from a qualified legal practitioner before entering into any agreement or making any decision with legal consequences. Reliance on any information provided on the Website for legal purposes is at your sole and exclusive risk.

15.6. No Guarantee of Results

• No specific level of financial success, publishing proceeds, or any other outcome is guaranteed. The receipt of Net Proceeds depends on multiple factors outside the control of the First Party, the Administrator, and Moka, including but not limited to individual effort, time, market conditions, the behaviour of third parties, competition, technology, and applicable legal or regulatory requirements. Past outcomes are not indicative of future results. You should carefully assess your own circumstances, objectives, and risk tolerance before activating an Extended License or making any Publication Offers. Nothing in this disclaimer or elsewhere on the Website should be construed as a representation or warranty that any particular financial outcome will be achieved.

15.7. Nature of Offering

• The Website does not offer employment, jobs, work-from-home opportunities, business opportunities, or investment programs of any kind. It does not promote remote employment, telework, freelancing, service-based income, or any form of labor arrangement. All activities conducted through the Website constitute independent publishing under a Copyright License in the Prescribed Manner, as defined in the Terms and Conditions. Users who activate an Extended License do so as independent publishers in their own right, and not as employees, contractors, agents, or representatives of the First Party, the Administrator, or Moka, except where an agency relationship is expressly established under the Terms and Conditions for specific and limited purposes.

15.8. Purpose of the Website

• The Website provides a legally sanctioned mechanism for individuals to remotely publish licensed Works under a Copyright License in the Prescribed Manner. Registration is free of charge and no payment is required solely to become a Licensee or Remote Publisher. Payments made on the Website are solely for the acquisition of Articles from the Collection, which serves as the consideration for the Extended License in accordance with the Terms and Conditions.

15.9. Product Disclaimer

• All Articles are offered and sold on an as-is basis. Product images, mockups, and descriptions displayed on the Website are for illustrative purposes only. Actual Articles may vary in appearance, dimensions, materials, or specifications. Minor variations of this nature do not constitute grounds for refund or return, as further described in the Refund Policy.
• The First Party and the Administrator disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by applicable law. Nothing in this clause excludes, restricts, or modifies any statutory right or remedy available to you as a consumer under the mandatory consumer protection laws of your jurisdiction, including rights in respect of goods that are not as described or not fit for purpose. Your statutory consumer rights remain unaffected.

15.10. Nonexclusive Licenses

• The Extended License is granted on a non-exclusive basis and may be held concurrently by multiple Licensees in respect of the same licensed Work. Accordingly, the publishing proceeds received by any individual Licensee will depend on their own publishing activity and the publishing activity of other Licensees holding concurrent licenses. No representation is made as to the level of proceeds any individual Licensee may achieve, and the existence of other Licensees holding concurrent licenses shall not constitute grounds for any claim or complaint.

15.11. Conditions for Disbursement

• Subject to Section 10 of the Terms and Conditions and the Disbursement Policy, Net Proceeds become available for Disbursement only upon Successful Distributions — that is, when your Acceptors acquire their respective Copies of the Work in the Prescribed Manner. No Disbursement shall be made in respect of mere Rights Acquisitions or Publication Offers that do not result in Successful Distributions. To receive Net Proceeds, your Publication Offers must be made in the Prescribed Manner as defined in the Terms and Conditions, and your Acceptors must complete their acquisitions accordingly. The mechanics of fulfillment are carried out by the First Party as your agent, but the making of valid Publication Offers in the Prescribed Manner remains your responsibility as the publisher.

15.12. Timing of Disbursements and Non-Refundability

• Disbursements are effected in accordance with Section 10 of the Terms and Conditions and the Disbursement Policy. Timing may vary due to operational, banking, compliance, or regulatory processes, as further described in those documents. Requests for refunds or chargebacks on the grounds of non-receipt, partial receipt, or delayed receipt of Disbursements will not be entertained and shall be refused. Such refusal does not constitute a breach of contract or any other obligation on the part of the First Party or the Administrator. Nothing in this clause affects any statutory right or remedy available to you as a consumer under the mandatory consumer protection laws of your jurisdiction.

15.13. Consumer Rights

• Nothing in this Disclaimer is intended to exclude, restrict, or modify any right or remedy that you hold as a consumer under the mandatory consumer protection laws applicable in your jurisdiction. The First Party respects your consumer rights in accordance with Section 9.7 of the Terms and Conditions. Where any provision of this Disclaimer conflicts with a mandatory consumer protection right applicable in your jurisdiction, that consumer protection right shall prevail to the extent of the conflict.

15.14. Accuracy of Information

• All information provided on the Website is supplied on an as-is and as-available basis. While reasonable efforts are made to ensure accuracy, the First Party, the Administrator, and Moka make no warranty or representation as to the completeness, accuracy, currency, or fitness for purpose of any information on the Website. The First Party, the Administrator, and Moka accept no liability for any loss or damage arising from reliance on information provided on the Website, except where such liability cannot be excluded under applicable law.

16. WARRANTY

• All Articles and services are provided “as-is,” subject to the disclaimers, limitations of liability, and other provisions of this Agreement. The Administrator and the First Party make no representations, warranties, claims, or guarantees of any kind, whether express or implied, including, without limitation:
  • that the Website, its services, or any Articles are suitable, available, or lawful for use in every jurisdiction or location;
  • that any nonexclusive license will generate Publishing Proceeds or any particular level of income, profit, or return; or
  • that any refund, cancellation, or chargeback will be approved or processed in relation to an inability to secure Successful Distributions.

17. AGENCY

• You hereby appoint the First Party as your exclusive agent for the limited purpose of performing the following acts on your behalf in connection with your Publication Rights:
  • receiving payments from your Acceptors for Copies of the licensed Work purchased pursuant to your Publication Offer in the Prescribed Manner;
  • delivering such Copies to your Acceptors; 
  • keeping shipping and delivery logs to handle disputes; and
  • disbursing or allocating funds, including royalties and license fees to original copyright owners, professional fees, management fees, and all other costs or expenses arising in connection with your act of Publishing.
• The First Party may, at its discretion, appoint sub-agents, contractors, employees, partners, collaborators, suppliers, representatives, and service providers as necessary to perform any of the acts described above, provided that the First Party remains fully responsible for their proper and lawful performance.
• As between you (acting in your capacity as a Publisher once a License is granted) and your Acceptors, the First Party acts solely as your agent. All Publication Offers are deemed to have been made by you, and all sales and distributions are deemed to have been effected by you in law.
• The First Party and any sub-agents appointed by it shall act strictly within the scope of the authority granted under this Agreement. You, as the principal, remain legally responsible for obligations arising from your distributions, except to the extent that the First Party or its sub-agents or representatives act beyond or outside the authority granted herein, in which case liability shall rest exclusively with the First Party.

18. OBLIGATIONS

• In addition to all other obligations set forth in this Agreement, you shall not:
  • Use another user’s Account credentials, including ID or password, to act on behalf of that user;
  • Provide false, misleading, or inaccurate information during registration, or when updating personal data;
  • Use the Website or any Article to engage in any unlawful activity, for which you shall bear sole responsibility, and the First Party shall have no liability;
  • Use the Website or its content to cause damage, financial loss, or harm to any person or entity, including the First Party;
  • Forge, falsify, or misrepresent proof of purchase;
  • Engage in any activity beyond the scope permitted by these Terms and Conditions, including attempts to derive profits in an unauthorized manner;
  • Commit fraud or attempt to defraud the First Party or any third party by any means whatsoever;
  • Copy, reproduce, or conspire with others to copy or reproduce the Website’s design, business model, or ideas;
  • Distribute, rebrand, display, sell, or resell Articles or Services in violation of these Terms and Conditions;
  • Send spam, malicious software, or use any code, files, automation tools, or technologies designed or capable of disrupting or compromising the Website, its Services, or infrastructure;
  • Conduct systematic or automated data collection, including but not limited to user enumeration, without prior written consent;
  • Engage in any activity that interferes with the stable operation of the Website or its Services;
  • Attempt or execute unauthorized access, hacking, or penetration of the Website; or
  • Post, publish, or circulate any false, misleading, or malicious information in any medium that is intended to harm or disparage the Website, its services, or the First Party, or that disturbs social order, public morals, decency, or customs.
• The First Party may, without prior notice, immediately suspend or permanently terminate your Account and access to the Website upon determining that you have engaged in any prohibited activity described above.
• In addition, for any willful, fraudulent, or malicious breach of this section — including but not limited to acts of hacking, data theft, system manipulation, or intentional disruption — you agree to pay liquidated damages in the amount of US $10,000,000 (Ten Million US Dollars). The parties acknowledge and agree that this amount represents a genuine pre-estimate of the damages likely to be suffered by the First Party as a result of such conduct, having regard to: (a) the costs of legal proceedings, including arbitration before a three-member WIPO tribunal in Singapore; (b) technical forensic investigation, system remediation, and security restoration costs; (c) reputational harm, loss of user confidence, and operational disruption to a platform dealing in high-value intellectual property and publishing rights; (d) regulatory exposure, compliance reviews, and potential sanctions; and (e) the inherent difficulty of quantifying loss arising from interference with intellectual property systems and publishing infrastructure. This amount is agreed upon by the parties as a reasonable forecast of loss and not as a penalty. Such liquidated damages are without prejudice to any further legal or equitable remedies available to the First Party, including recovery of actual losses exceeding the liquidated amount.

19. AMENDMENTS

• The First Party reserves the right to amend these Terms and Conditions, as well as any Policies or Notices of the Website, at any time. Amendments may be made for any legitimate reason, including without limitation: changes in applicable law or regulation; changes in the nature, scope, or operation of the Website or its Articles; changes in third-party service provider terms; corrections of errors or ambiguities; and updates required for security, compliance, or operational reasons.
• Amendments shall take effect fourteen (14) days after publication on the Website, except that amendments required by law or regulation, or made to correct a material error or security risk, shall take effect immediately upon publication. The date of the most recent amendment shall be indicated at the top of this document, and it is your responsibility to review these Terms and Conditions periodically.
• Your continued access to or use of the Website following the effective date of any amendment shall constitute your acceptance of the amended Terms, Conditions, Policies, or Notices in full. If you do not accept an amendment, you must cease all access to and use of the Website before its effective date.
• To the extent required by mandatory consumer protection laws applicable in your jurisdiction, nothing in this section shall limit any right you may have to receive notice of, or to object to, material amendments to these Terms and Conditions.

20. ARBITRATION

• Any dispute, controversy, or claim arising under, out of, or in connection with this Agreement, including any subsequent amendments, and whether relating to its formation, validity, binding effect, interpretation, performance, breach, or termination, as well as any non-contractual claims, shall be exclusively and finally resolved by arbitration in accordance with the WIPO Arbitration Rules, under the doctrines of separability and compétence de la compétence.
• The existence of any dispute, all disclosures, confidential information, trade secrets, and the arbitral award shall remain strictly confidential. The party initiating arbitration shall take all necessary steps under Article 54 and Part VII of the WIPO Arbitration Rules to preserve such confidentiality.
• The arbitral tribunal shall consist of a sole arbitrator, unless the amount in dispute exceeds US $100,000 (or its equivalent), in which case the tribunal shall consist of three arbitrators. The WIPO Arbitration and Mediation Center may, at its discretion, appoint a sole arbitrator notwithstanding the foregoing where it considers this appropriate given the nature and complexity of the dispute. The seat of arbitration shall be Singapore, and the arbitration shall be administered by the WIPO Arbitration and Mediation Center. The language of the arbitration shall be English (United Kingdom).
• The dispute shall be governed by, and decided in accordance with, the laws of Singapore. The arbitral tribunal shall have the power to grant interim or conservatory measures as it deems necessary to preserve the rights of any party pending final determination. For the avoidance of doubt, nothing in this section shall prejudice the right of any party to apply to the Singapore courts for interim or emergency relief in support of the arbitration, including injunctive relief to prevent irreparable harm.
• All costs of arbitration shall initially be borne by the party initiating the proceedings, subject to allocation by the arbitral tribunal at its discretion. The award rendered shall be final, binding, and enforceable in any court of competent jurisdiction pursuant to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958), to which Singapore is a contracting state. The parties expressly waive any right to seek judicial remedies other than enforcement of the arbitral award or interim relief as provided above.

21. JURISDICTION AND GOVERNING LAW

• This Agreement and all matters arising hereunder shall be governed by, and construed in accordance with, the laws of Singapore, excluding its conflict of laws rules. Any dispute, controversy, or claim that cannot be submitted to arbitration under Section 20 as a matter of law or public policy shall be resolved exclusively by the courts of competent jurisdiction in Singapore.
• By entering into this Agreement, you acknowledge and agree that it is executed under Singapore law and expressly submit to the exclusive jurisdiction of the Singapore courts for the resolution of any non-arbitrable disputes. All parties recognise that this Agreement governs high-value intellectual property, digital and physical publishing rights, and associated transactions, and that such rights and operations are legally protected under the laws of Singapore.
• To the extent that mandatory consumer protection laws applicable in your jurisdiction confer rights that cannot be excluded or limited by a choice of governing law, those rights shall continue to apply notwithstanding this section. This savings provision does not affect the validity or enforceability of any other provision of this Agreement.

22. DEFINITIONS

• For purposes of this Agreement, unless the context expressly requires otherwise, all words, terms, and phrases not specifically defined herein shall be construed according to their plain, ordinary, and commonly understood meanings. In interpreting this Agreement, as well as all Policies, Notices, and communications between you and the Website, the following terms shall have the meanings expressly assigned to them in this section.
  • “Accepted Offer” means a Publication Offer that has been accepted by any person through a Rights Acquisition in the Work.
  • “Acceptor” means the person who accepts a Publication Offer made by a Publisher.
  • “Accounting Period” means each calendar quarter during which a Work is showcased in the Collection, the Extended License subsists, and Accepted Offers are recorded; provided that where the Extended License is granted for a fixed term, the Accounting Period shall be coterminous with that term. References to “calendar quarter” shall mean each of the periods ending on 31 March, 30 June, 30 September, and 31 December in any given year.
  • “Activities” means the informational record displayed in the Activities tab in the user’s Account page, reflecting activities related to Publishing, including but not limited to Accepted Offers, Rights Acquisitions, Pending Proceeds, Net Proceeds, Successful Distributions, Unsuccessful Distributions, Disbursements, Partial Disbursements, Reversals (Refunds), Reversals (Chargebacks), Clawbacks, Withholdings (Compliance), Forfeitures (Breach), Adjustments (System), Lapses, Expiries, and Deductions (Fees). For the avoidance of doubt, the Activities tab is a reference record maintained solely for the purposes of this Agreement and does not constitute a wallet, stored balance, fiat account, bank ledger, or custody of funds of any kind.
  • “Agreement” means these Terms and Conditions.
  • “Article” means an embodiment of the Work, whether in a physical medium (such as a printed edition or poster) or in digital form (such as an e-book, including multi-volume sets of digital files).
  • “Collection” means the set of Articles displayed in a dedicated section of the Website.
  • “Copy” means an individual instance of an Article.
  • “Disbursement(s)” means the full amount of Net Proceeds, once contractually due, standing for release to the receiving account linked by the Publisher under the Account’s Disbursements tab, and in every case subject to the Disbursement Policy.
  • “Extended License” means the extended license described in Section 6 of this Agreement.
  • “Gross Publishing Receipts” means all amounts actually received in cleared funds by or on behalf of the Administrator or the First Party from the sale of Copies of the Work, without deduction, excluding any sums collected in error or subject to reversal, refund, or chargeback.
  • “Issue” means the recording of Pending Proceeds in favor of a Publisher following an Accepted Offer, by creating a corresponding entry in the Activities.
  • “Mandatory Claim Period” means the period of 180 days from the date on which Net Proceeds first become contractually available for release.
  • “Minimum Holding Period” means the mandatory timeframe of 90 days during which Pending Proceeds are held by the Administrator before they satisfy all conditions to be reclassified as Net Proceeds. This period allows for the expiration of initial fraud checks and standard refund windows. No Disbursement may be initiated until this period has fully elapsed for the specific funds concerned.
  • “Net Proceeds” means Gross Publishing Receipts from Successful Distributions during the Accounting Period, less:

(i) professional fees, license fees, and royalties;

(ii) payment processing fees, merchant service charges, and other transaction costs;

(iii) shipping, printing, fulfillment, logistics, and delivery expenses;

(iv) refunds, cancellations, returns, chargebacks, or uncollectible amounts;

(v) any sales, value-added, use, excise, or similar transaction-based taxes, and any duties, levies, tariffs, cess, surcharges, or other charges of a like nature imposed by law and directly related to such transaction, in each case to the extent collected or remitted by the First Party; and

(vi) any other out-of-pocket costs or expenses directly incurred in connection with the exploitation, sale, licensing, or distribution of the Work.

• “Prescribed Manner” means the manner (including any protocol, technique, or other means) prescribed at the webpage accessible through https://galry.art, being a page forming part of the Website, as may be updated from time to time.
• “Pending Proceeds” means the indicative amounts recorded in a Publisher’s Activities following Accepted Offers, prior to their realization as Net Proceeds through Successful Distributions. For the avoidance of doubt, Pending Proceeds form part of the Activities record and are subject to the disclaimer set out in the definition of “Activities”; they do not represent a vested right, a debt, or an obligation of the First Party, and shall not be due or payable unless and until converted into Net Proceeds in accordance with this Agreement.
• “Publication Key” means a unique number (including but not limited to a string of digits) that is provided by the Website to a Publisher, required for exercising the Publishing Rights under the Extended License.
• “Publication Offer” means an offer, made in the Prescribed Manner by a Publisher to any person, for Rights Acquisition.
• “Publishing” means the act conducted in the Prescribed Manner by a Publisher, acting as principal, through the First Party as agent for the distribution, sale, transfer, and making available of one or more Copies of a Work to the public, whether by delivery of a physical Article, by provision of access to a digital Article, or by communication, transmission, or making available by any electronic or digital means, including without limitation by download, streaming, or online access.
• “Publishing Rights” means the rights, under the Extended License, to offer, produce, and distribute Copies of the Work to the public, but solely in the Prescribed Manner.
• “Publisher” means a licensee who holds Publishing Rights under an Extended License for Publishing the Work.
• “Rights Acquisition” means the act, performed on the Website in the Prescribed Manner, by which a user obtains an Extended License for a Work through the use of a Publication Key supplied by a Publisher, prior to acquiring a Copy of that Work. Variations of this term, including “acquire rights” and “acquiring rights,” shall be construed accordingly.
• “Settle” (or “Settlement”) means the final administrative resolution of an Issued entry within the Activities tab, resulting in the closing of that specific ledger item. A Settle entry does not imply “settlement” under payment-system or securities regulations, and it does not always result in a cash transfer. For the avoidance of doubt, once an entry is marked as Settle (other than “Disbursed”), any prior obligation of the First Party to remit those specific funds is considered fully discharged and extinguished. Each Settle entry shall be categorized by a Status Descriptor indicating the nature of the resolution, including but not limited to:
  • Disbursed / Partially Disbursed: Where the amount (or a portion thereof) has been successfully remitted to the User’s linked bank account.
  • Reversed (Refund): Where the underlying transaction was voluntarily voided or returned by the customer.
  • Reversed (Chargeback): Where funds were forcibly reclaimed by a financial institution due to a third-party dispute.
  • Clawed Back: Where previously remitted funds are recovered from the User due to post-disbursement invalidation or error.
  • Withheld (Compliance): Where funds are paused or deferred pending a KYC/AML review, audit, or investigation.
  • Forfeited (Breach): Where the right to receive funds is permanently extinguished due to a material breach of these Terms, fraud, or account termination.
  • Adjusted (System): Where an entry is modified to correct a ledger error, rounding discrepancy, or technical duplication.
  • Lapsed: Where Pending Proceeds fail to mature into Net Proceeds because the underlying Distribution was unsuccessful, incomplete, or otherwise failed to satisfy the requirements of a Successful Distribution as defined in these Terms. A “Lapsed” entry represents a commercial failure of the potential Disbursement and does not constitute a debt or a vested right.
  • Expired: Where Net Proceeds were contractually available for release but the right to receive the Disbursement has been extinguished due to the expiry of the Mandatory Claim Period.
  • Deducted (Fees): Where the amount is reduced to account for intermediary banking charges, administrative penalties, or processing costs.
• “Successful Distribution” means a Publishing event that satisfies all of the following conditions and is not an Unsuccessful Distribution:

1. A Publication Offer has been made by a Publisher and accepted by an Acceptor;
2. A Copy of the Work has been validly acquired by the Acceptor pursuant to the Accepted Offer, and full payment for such Copy has been received within the same Accounting Period;
3. The Extended License obtained by the Publisher has been validated through the acquisition of an Article from the Collection;
4. The distribution of the Work is valid under the Extended License and has not been cancelled, refunded, returned, reversed, charged back, deemed uncollectible, or otherwise invalidated; and
5. All applicable statutory and contractual requirements relating to the distribution have been duly fulfilled.

• “Unsuccessful Distribution” means any Publishing activity that does not qualify as a Successful Distribution, including without limitation:

1. An Activity where Pending Proceeds are recorded in the Publisher’s Activities tab following an Accepted Offer, but no Copy of the Work is acquired by the Acceptor or full payment is not received within the same Accounting Period; or
2. Any transaction that is cancelled, refunded, returned, reversed, charged back, deemed uncollectible, or otherwise invalidated, as determined by the Administrator in his sole discretion.

• “Website” means the online environment owned, operated, and administered by the Administrator as identified in Section 1, and used under license by the First Party as identified in Section 1, including but not limited to the domains galry.net and galry.art, together with all associated subdomains, interfaces, applications, and services, whether accessed through web browsers, mobile devices, APIs, or any other medium. For the avoidance of doubt, all such domains and subdomains form part of a single unified environment, and references herein to “the Website” shall be deemed to include each of them, as well as any successor or affiliated site providing substantially the same functionality and operated under the same administrative control.
• “Work” means the original copyrightable master copy or creative expression licensed hereunder, exclusive of its physical or digital embodiments (which are defined separately as Articles).

23. GENERAL CLAUSES

• Effective Date: This Agreement is executed and becomes effective upon the creation of your galry.net account, regardless of whether you have obtained a License. By creating an account, you acknowledge that you have read, understood, and agreed to these Terms and Conditions, and that the Agreement is binding from that moment. For the purposes of interpretation, the “Effective Date” shall be deemed the date and time at which the account creation process is completed on the Website.
• Calendar & Time: Day, month, and year shall be reckoned according to the Gregorian calendar. A “day” means any calendar day of the week, including business days, public holidays, and bank holidays. All time references shall be based on Coordinated Universal Time (UTC).
• Gender & Number: Words importing the masculine gender shall be taken to include all genders. Words in the singular shall include the plural, and vice versa.
• Official Language: English shall be the official language for all communication between the parties.
• Interpretation: For interpretation of this Agreement, reference may be made to the context, spirit, and purpose of the Agreement, provided such interpretation does not conflict with any express provision herein.
• Enforceability: The terms and conditions of this Agreement are enforceable solely between the First Party and the Second Party, and shall not create enforceable rights or obligations between users inter se or between users and third parties.
• Succession & Assignment: All rights, obligations, and liabilities created under this Agreement shall pass to the property, successors, assignees, legal heirs, legal representatives, executors, administrators, agents, or beneficiaries of the parties upon the death of either or both parties, whether testate or intestate, except to the extent prohibited by mandatory law.
• New Features and Updates: Any new features, tools, or services added to the Website shall automatically be subject to these Terms and Conditions.
• Additional Information & Instructions: Any information, instructions, or additional terms communicated through the Website or via email that are not explicitly included in this Agreement shall constitute a substantive part of this Agreement, provided users are notified and given the opportunity to object within fourteen (14) days. Failure to object within this period shall be deemed acceptance of such information, instructions, or additional terms.