GaltsGulchOnline.com Terms of Use

Overview:

These Terms of Use govern your use of our service. As used in these Terms of Use, "Galt's Gulch Online service," "our service" or "the service" means the service provided by Galt's Gulch Online including all features and functionalities, website, and user interfaces, as well as all content and software associated with our service.

Please note that these Terms of Use include hyperlinks that may be accessed only through our website, so if you are reviewing these Terms of Use through certain Galt's Gulch Online ready devices, you may need to visit www.GaltsGulchOnline.com/terms to review these hyperlinked terms.

  1. Acceptance of Terms of Use
  1. These Terms of Use govern your use of the Galt's Gulch Online service. By using, visiting, or browsing the Galt's Gulch Online service, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the Galt's Gulch Online service.
  2. The Galt's Gulch Online service is provided by Atlas Productions, LLC., or one of its affiliated companies.
  1. Changes to Terms of Use. Galt's Gulch Online may, from time to time, change these Terms of Use. Such revisions shall be effective immediately; provided however, for existing members, such revision shall, unless otherwise stated, be effective 30 days after posting. We will endeavor to post prior versions (including marked changes) of the Terms of Use, if any, for the preceding 12-month period.
  2. Privacy. Personally identifying information is subject to our Privacy Policy (www.GaltsGulchOnline.com/w3c/privacy.html), the terms  of which are incorporated herein. Please review our Privacy Policy to understand our practices.
  3. Communication Preferences. By using the Galt's Gulch Online service, you consent to receiving electronic communications from Galt's Gulch Online relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the Galt's Gulch Online service, or in the "Your Account" page and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with Galt's Gulch Online. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new Galt's Gulch Online features and content, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, simply go to the "Email preferences" link on the "Your Account" page of our website (www.GaltsGulchOnline.com/account) to manage your Galt's Gulch Online communications. Please review our Privacy Policy (https://www.GaltsGulchOnline.com/w3c/privacy.html) for further detail on our marketing communications.
  4. Membership, Free Trials, Billing and Cancellation
  1. Membership
  1. Ongoing Membership. Your Galt's Gulch Online membership, which may start with a free trial, will continue month-to-month, or year-to-year unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the Galt's Gulch Online service. We will bill the membership fee to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method.
  2. Differing Memberships. We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your membership with Galt's Gulch Online by visiting our website and clicking on the "Your Account" link. Some promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans.
  1. Free Trials
  1. Your Galt's Gulch Online membership may start with a free trial. The free trial period of your membership lasts for one month, or as otherwise specified during sign-up. Free trials may not be combined with any other offers. Free trials are for new and certain former members only. Galt's Gulch Online reserves the right, in its absolute discretion, to determine your free trial eligibility.
  2. We will begin billing your Payment Method for monthly and yearly membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month or one year of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
  3. You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. CLICK YOUR USERNAME AT THE TOP OF ANY Galt's Gulch Online WEB PAGE (www.GaltsGulchOnline.com) TO FIND CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel.
  1. Billing
  1. Recurring Billing. By starting your Galt's Gulch Online membership, you authorize us to charge you a monthly or yearly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Galt's Gulch Online service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
  2. Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you. For members based in Brazil, the membership fees may be adjusted automatically annually, or more frequently as permitted by law, in accordance with the inflation index as established by General Price Index Market published by Fundação Getúlio Vargas ("IGP-M"), or such other index that as may be applicable to the Galt's Gulch Online service.
  3. Billing Cycle. The membership fee for our service will be billed at the beginning of the paying portion of your membership and each month or year thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month or year on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day number not contained in a given month, we may bill your Payment Method on a day number in the applicable month or such other day number as we deem appropriate. For example, if the date you started your Galt's Gulch Online membership or became a paying member is January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership. Visit our website and click on the "View billing details" link on the "Your Account" page to see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Use, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.
  4. No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
  5. Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the "Your Account" link, available at the top of the pages of the Galt's Gulch Online website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. If you signed up for Galt's Gulch Online using your account with a third party (i.e., iTunes, or similar account) as a Payment Method, and wish to cancel your Galt's Gulch Online membership at any time, including during your free trial, you will need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the Galt's Gulch Online service. You may also find billing information about your Galt's Gulch Online membership by visiting your account with the applicable third party. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
  6. Cancellation. You may cancel your Galt's Gulch Online membership at any time, and you will continue to have access to the Galt's Gulch Online service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH AND/OR PARTIAL-ANNUAL MEMBERSHIP PERIODS. To cancel, go to the "Your Account" page on our website and follow the instructions for cancellation.
  1. Galt's Gulch Online Service
  1. You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the Galt's Gulch Online service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use.
  2. The Galt's Gulch Online service, and any content viewed through our service, are for your personal and non-commercial use only. During your Galt's Gulch Online membership, we grant you a limited, non-exclusive, non-transferable, license to access the Galt's Gulch Online service and view digital media through the service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you.
  3. We continually update the Galt's Gulch Online service, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.
  4. You agree to use the Galt's Gulch Online service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the service or content therein. You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the Galt's Gulch Online service without express written permission from Galt's Gulch Online or its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Galt's Gulch Online service; use any robot, spider, scraper or other automated means to access the Galt's Gulch Online service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Galt's Gulch Online service; insert any code or product or manipulate the content of the Galt's Gulch Online service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Galt's Gulch Online service, including any software viruses or any other computer code, files or programs.
  5. We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the service.
  1. Passwords & Account Access
  1. The member who created the Galt's Gulch Online account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the Galt's Gulch Online account. The Account Owner's control is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting Galt's Gulch Online Customer Service and potentially altering the Account Owner's control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
  2. In order to provide you with ease of access to your account and to help administer the Galt's Gulch Online service, Galt's Gulch Online implements technology that enables us to recognize you as the Account Owner and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Galt's Gulch Online service, which includes accessing via Galt's Gulch Online ready devices or website.
  3. BY SHARING THE Galt's Gulch Online SERVICE PASSWORD OR ALLOWING OTHERS TO ACCESS YOUR ACCOUNT, THE ACCOUNT OWNER AGREES TO BE RESPONSIBLE FOR ASSURING THAT HOUSEHOLD MEMBERS COMPLY WITH THE TERMS OF USE AND SUCH ACCOUNT OWNER SHALL BE RESPONSIBLE FOR THE ACTIONS OF THE HOUSEHOLD MEMBERS.
  4. You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the Galt's Gulch Online website and not through a hyperlink in an email or any other electronic communication, even if it looks official. Galt's Gulch Online reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Galt's Gulch Online is not obligated to credit or discount a membership for holds placed on the account by either a representative of Galt's Gulch Online or by the automated processes of Galt's Gulch Online.
  1. Disclaimers of Warranties and Limitations on Liability
  1. THE Galt's Gulch Online SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE Galt's Gulch Online SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. Galt's Gulch Online DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE Galt's Gulch Online SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. Galt's Gulch Online SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, Galt's Gulch Online READY DEVICES, AND Galt's Gulch Online SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
  2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL Galt's Gulch Online, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
  3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
  4. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
  1. Gifts & Promotions. We may offer Gift Subscriptions for purchase on our websites. Your Payment Method will be charged for any purchased Gift Subscriptions. The purchase and redemption of Gift Subscriptions are subject to the Gift Subscription Terms (www.GaltsGulchOnline.com/terms). Promotional codes may be redeemed on our website. Promotional codes can only be used once and cannot be redeemed for cash, resold or combined with any other offers, including a free trial. If you received a promotion code through an offer by a third party, additional restrictions may apply.
  2. Intellectual Property
  1. Copyright. The Galt's Gulch Online service, including all content provided on the Galt's Gulch Online service, is protected by United States and international copyright, trade secret or other intellectual property laws and treaties.
  2. Trademarks. Galt's Gulch Online is a registered trademark of Atlas Productions, LLC.
  3. Claims of Copyright Infringement. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the Galt's Gulch Online service, please notify us at (www.GaltsGulchOnline.com/contact).
  1. Governing Law
  1. If you are a resident in Europe, these Terms of Use shall be governed by and construed in accordance with the laws of Luxembourg.
  2. If you are a resident of Brazil, these Terms of Use shall be governed by and construed in accordance with the laws of Brazil.
  3. For all other Galt's Gulch Online members, these Terms of Use shall be governed by and construed in accordance with the laws of the state of Delaware, U.S.A. without regard to conflict of laws provisions.
  4. You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.
  1. Applications. You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Application(s)") that interact with the Galt's Gulch Online service. These Applications may import data related to your Galt's Gulch Online account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and Galt's Gulch Online is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY Galt's Gulch Online AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.
  2. Use of Information Submitted. All comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Galt's Gulch Online service, including the Galt's Gulch Online website and user interfaces, becomes the property of Galt's Gulch Online and Galt's Gulch Online shall be deemed to have an in perpetuity, royalty-free, license to use and publish Feedback throughout the universe, in any media (now known or hereafter devised).  Under no circumstance is Galt’s Gulch Online under any obligation to remit compensation, to acknowledge or pay to you for any reason or purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Galt's Gulch Online service for your Feedback. In addition, for good and valuable consideration, the receipt and sufficiency of which you acknowledge, you acknowledge and agree that you have knowingly, voluntarily and intelligently waive any “moral rights” you may have in the Feedback and have agreed not to enforce any "moral rights" in and to the Feedback, to the extent you may be permitted by applicable law (and if you should, you acknowledge and agree that Galt’s Gulch Online may use the foregoing as a valid and enforceable defense against such claim). Should you send any unsolicited materials or ideas, you do so representing and warranting that your are either the copyright owner and/or the authorized copyright proprietor and are providing Galt’s Gulch Online such intellectual property with the understanding that Galt’s Gulch Online may exploit same throughout the universe, in perpetuity, in all media (now known or hereafter devised) on a royalty-free basis and that no additional consideration of any sort will be provided to you, and you are waiving any claim against Galt's Gulch Online and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
  3. Customer Support. If you need assistance with your account, click on the "FAQ" link at the bottom right hand corner of our website at any time. There you will find the answers to many frequently asked questions and information on reaching a live Customer Service representative. To find more information about our service and its features, please visit Galt's Gulch Online Help Center (www.GaltsGulchOnline.com/faq). In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will control.
  4. Jurisdiction. Any and all disputes you might have with Galt's Gulch Online shall be resolved exclusively before any Superior Court or Federal Court located in Los Angeles County, California USA.  The parties agree to submit to the jurisdiction of said courts, and the parties hereby knowingly, voluntarily and intelligently waive any claim that such venue and jurisdiction is inconvenient.  The parties agree and direct the court to apply California law without giving effect to its conflict of law principles with regard to resolving all disputes under this agreement.  The prevailing party shall be entitled to its reasonable attorneys’ fee and costs, as determined by the court.