MEMBERSHIP AND USAGE POLICY FOR IN THE PUBLIC EYE

In The Public Eye Membership and Usage Agreement

Updated 2/10/20

MEMBERSHIP AND USAGE: IN THE PUBLIC EYE WEBSITE

Please read the following Membership Agreement and Terms of Service (“Terms”) carefully before becoming a member.

By accessing or using any of the services provided by In In The Public Eye you agree to be bound by the Terms which contain provisions applicable to all users of the services, including casual visitors to the Sites. If you choose to register as a member of, make a purchase through, and/or create an account, you must also read and agree to be bound by the Terms and Privacy Policy set forth here and in the Privacy Policy, by checking the checkbox and clicking on the “Continue” button set forth at the end of this Agreement.

GDPR: For those of the European Union that require GDPR to be in full enforcement you must read the GDPR Privacy Policy before proceeding any further. Failing to do this and continued use of this site indicates your agreement to use the site under the privacy policies used by this website.

BY CHECKING THE CHECKBOX AND CLICKING ON THE “CONTINUE” BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY IT. IF YOU DO NOT AGREE TO ANY OF THE TERMS BELOW, IN THE PUBLIC EYE IS UNWILLING TO ALLOW YOU TO USE THE SERVICES, PURCHASE PRODUCTS OR ACCESS THE SITE RESERVED FOR MEMBERS.

For the purposes of this Agreement, “you” means you, the person visiting In The Public Eye, purchasing products, or using its services. You and any persons in your household that you authorize to use your Membership account are referred to in this Agreement as the “User” “You”, “The Purchaser”.

“The website” “we”, “us” means In The Public Eye the entity for which we are providing the Products, and Services to you.

In the case of inconsistencies between these Terms and information included in off-line materials (e.g., promotional materials and mailers), these Terms will always govern and take precedence.

Availability: In The Public Eye uses reasonable efforts to ensure that its services are available 24 hours a day 7 days a week. However, In The Public Eye resides on a server, not in its control, therefore, you agree not to hold the In The Public Eye responsible for occasions when access to In The Public Eye will be interrupted for maintenance, upgrades and emergency repairs or due to a failure of telecommunications links and equipment that are beyond the control of the In The Public Eye. In The Public Eye will use reasonable efforts to minimize such disruption where it is within the reasonable control of In The Public Eye. When possible email alerts about schedule maintenance will be sent out to registered members.
Trademarks: The name In The Public Eye is a proprietary mark for In The Public Eye this shall include the logo; which appears for In The Public Eye. You agree not to screen capture, duplicate, alter or use the logo in any manner.
Copyright: Unless otherwise purchased by you in a separate commercial usage agreement; IIn The Public Eye is the sole owner of the copyrights of any image presented unless otherwise stated. You may not publish, distribute, extract, reuse or reproduce the image in any material form (including photocopying or storing it in any medium by electronic means).
External Links Not Associated with In The Public Eye: From time to time, In The Public Eye may provide links that will take you to third-party websites. These links are provided for your convenience only. If you decide to access linked websites you do so at your own risk. In The Public Eye does not endorse or take responsibility for the content on other websites or the availability of other websites and you agree that In The Public Eye is not liable for any loss or damage that you may suffer by using other websites.
Downloads: One of the perks of opening an account is the ability to access the download page. In The Public Eye from time to time may allow for the download of material created by In The Public Eye. Most downloads are free of charge, however, In The Public Eye reserves the right to charge for downloads should we choose to. Prices will be shown for those downloads that are not free.
Registration: In consideration of your access to In The Public Eye, its services, and products, you represent and certify that you are of legal age to form a binding contract and are not a person barred from doing so under the laws of the United States or other applicable jurisdictions. You also agree to (a) provide true, accurate, current and complete information about yourself as prompted by the account registration form (such information being the “Customer Data”) and (b) maintain and promptly update the Customer Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or In The Public Eye has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, In The Public Eye has the right to suspend or terminate your Membership and refuse any and all current or future access to the website (or any portion thereof). To open an account you must be 18 years or over. We request that children under 18 not use the site without direct parental involvement.
Amendment of Terms: You agree that In The Public Eye retains the right to amend these Terms and the site, including services and prices at any time, for any reason, and without notice, and the right to terminate In The Public Eye or any part of In The Public Eye. You agree to review the posting of this Agreement periodically to be aware of such changes. Your continued use of In The Public Eye constitutes acceptance of any amendments, additions, or modifications to this Agreement. You will be bound by all such modifications, whether or not you have notice thereof. If you have registered as a member and/or created an account, we shall notify you of any material changes to these Terms by email sent to the address you have provided to In The Public Eye for your account. If you continue to use In The Public Eye once you have been notified of the changes to these Terms, you will be deemed to have accepted those changes.
Site License: In The Public Eye grants you a personal, limited, revocable, non-exclusive and non-transferable license to use the services of In The Public Eye. This license is exclusive to you and you may not sublicense the use of In The Public Eye or provide, disclose, distribute, transfer, or otherwise make available access to In The Public Eye to any individuals or entities that In The Public Eye has not specifically authorized to receive access to your account at In The Public Eye. In The Public Eye expressly retains all ownership rights, title and interest in and to all aspects of In The Public Eye, including, but not limited to, all current and future, copyrights and trademarks, and other proprietary rights included or embodied in In The Public Eye. You may not modify In The Public Eye, create derivative works of In The Public Eye or its products, or reverse engineer, reverse compile, reverse assemble or do any other operation with In The Public Eye that would reveal any source code or other proprietary information. This license shall not be construed or interpreted as granting or providing rights to you to use, reproduce, modify, distribute, perform, display, possess or control the source code or any other aspect of In The Public Eye. You may not remove or modify any notice of confidentiality, trade secret, trademark or copyright encoded or embodied in In The Public Eye or displayed by, on, or in In The Public Eye. You may use In The Public Eye and its services only while these Terms remain in effect. Under no circumstances shall you have any rights of any kind in or to In The Public Eye or its services after any termination or expiration of this Agreement for any reason.
Password: You will receive a password and Membership designation upon completing the registration process for In The Public Eye. You are responsible for maintaining the confidentiality of the password and Membership information and are fully responsible for all activities that occur under your password or Membership account. You agree to (a) immediately notify In The Public Eye of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. In The Public Eye cannot and will not be liable for any loss or damage arising from your failure to comply with this Section
Pricing: The prices for the products provided by In The Public Eye are posted where possible. All prices are subject to change without notice. You agree to pay all applicable fees for all services provided to you, if applicable. All prices are valid until altered by us. In the event that your ordered product and the price published on the Site were incorrect, a reasonable effort will be used to contact you to let you know the correct price and ask you whether you still want your order fulfilled at the correct price. You agree to reimburse In The Public Eye, as applicable, for all expenses incurred to recover sums due, including attorney fees and other legal expenses in the event legal action, is necessary to collect on balances due for Services.
Payment Information: You will (a) provide accurate and complete billing information including legal name, address, telephone number, and other information that your particular payment method requires and (b) immediately report all changes to this information. If the contact information you have provided is false or fraudulent, your access to In The Public Eye may be terminated and we may seek any other additional legal remedies. In The Public Eye will not be responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed for products. All charges will be considered valid unless disputed by you in writing within thirty (30) days after the billing date. No adjustments will be made for disputed charges made more than thirty(30) days after the billing date.
Placing an order: After you have placed your order you have up to one day to modify, cancel or change the order. After that time the order will be considered to be complete. No cancellation modification, change to order or refund is possible at this time.
Late Payments: Taxes. Any amount that is not paid when due will accrue a late fee of one and one-half percent (1.5%) per month, or portion thereof, or the maximum rate permitted by applicable law, whichever is less, on any outstanding balance from the due date until paid, and you agree to pay all such late fees plus all expenses of collection. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only taxes based solely on income
Activity: A condition of your access to In The Public Eye is “Active Participation” in the Service. Active Participation is defined as logging-in to your account at least once every 12 months. If your Membership account is inactive for a period of over 12 months, In The Public Eye may remove and discard any or all information, communications, and shopping cart items held in your account. In The Public Eye may terminate your Membership for any activity that in the sole opinion of In The Public Eye constitutes an abuse of your Membership or a violation of these Terms.
Access: Your account with In The Public Eye is available for your personal, non-commercial use. You understand that In The Public Eye can access your account and provide access to third parties for the following reasons.
1. We can remind you of your password in case you forget it; if this becomes necessary, we send an email upon your request to the address from which you opened your account.
2. To maintain the Sites and to develop new and useful features and services.
3. To follow a court order, subpoena, complaint or a lawful request from governmental authorities.
4. Suspension and Termination of Access and Membership
  1. In The Public Eye reserves the right to suspend or terminate your account and use of In The Public Eye and remove and discard, but not limited to, any and all information, communications, shopping cart items or any other materials in In The Public Eye, at any time, without notice, for any reason, including but not limited to the following:
  2. Breach of these Terms, including policies, set forth by In The Public Eye elsewhere;
  3. Conduct that In The Public Eye believes is harmful to other users of In The Public Eye or the business of In The Public Eye or other third party information providers.

Upon termination of your Membership account, your right to use In The Public Eye and its services will immediately cease. If you fail to delete your wish list or shopping cart items prior to termination or suspension of your Membership account, In The Public Eye may (but shall be under no obligation to) maintain such items following such termination or suspension. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
1. Further, you agree that In The Public Eye shall not be liable to you or any third party for any termination of your access to In The Public Eye.
2. In The Public Eye reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the operations of In The Public Eye (or any part thereof) with or without notice. You agree that In The Public Eye shall not be liable to you or to any third party for any modification, suspension or discontinuance of In The Public Eye.
3. Privacy: It is the policy of In The Public Eye to respect the privacy of individuals who visit In The Public Eye, make purchases, create accounts, and/or provide comments to us. Addresses, names, and other identifying and contact information are collected from Users of In The Public Eye in accordance with and subject to the privacy policy available at privacy policy (“Privacy Policy”), which, by this reference, becomes a part of these Terms. If our company or our assets are acquired by another company, that company will possess all information collected by us and it will assume the rights and obligations regarding your information as described in the Privacy Policy. If you have any questions, comments, complaints or suggestions, including any report of a violation of the Privacy Policy you should contact George Frazier IIIrd at:
4. In The Public Eye: https://catsfiregalleries.org/guardian/
5. By E-mail: Support
6. By Postal Mail: In The Public Eye, 701 Wyona Street, Brooklyn NY 11207
GDPR: If you are in the European Union you need to read the GDPR for this website before continuing. Failure to do so will stipulate that you agree to the provisions stated in the Privacy Policy and the GDPR as is.
Cookie Policies: There are two (2) cookie policies on this site. Although similar in appearance there are subtle differences. One is for the United States (Cookie Policy US) and the other is for the European Union (Cookie Policy EU). Select the one that suits your location. These policies are detailed in the workings of cookies and their specifications. A less detailed but general policy can be found at Important Information For You: In The Public Eye’s Cookie Policy.
Disclaimer of Warranty: IN THE PUBLIC EYE AND ACCESS TO ITS SERVICES, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. IN PARTICULAR, IN THE PUBLIC EYE DOES NOT MAKE ANY WARRANTY THAT IN THE PUBLIC EYE, INCLUDING ITS SERVICES, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE SERVERS WHICH HOUSES IN THE PUBLIC EYE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT IN THE PUBLIC EYE, INCLUDING ITS SERVICES WILL BE AVAILABLE, OR THAT DATA ENTERED ARE SECURE FROM UNAUTHORIZED ACCESS. NO ADVICE OR INFORMATION GIVEN BY THE IN THE PUBLIC EYE, ITS EMPLOYEES OR AFFILIATES SHALL CREATE A WARRANTY.
Indemnification: You agree to indemnify and hold In The Public Eye and its parents, its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, arising from your use of In The Public Eye
TERMS APPLICABLE TO REGISTERED USERS AND UNREGISTERED USERS OF IN THE PUBLIC EYE, ITS PRODUCTS, OR ITS SERVICES, OR PARTNER SERVICES

Limitation of Liability:

YOU ACKNOWLEDGE, BY YOUR USE OF IN THE PUBLIC EYE, THAT YOUR USE OF IN THE PUBLIC EYE INCLUDING ITS SERVICES, IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF IN THE PUBLIC EYE. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL IN THE PUBLIC EYE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR THE INABILITY TO USE IN THE PUBLIC EYE OR ITS SERVICES, DAMAGES FROM ANY CHANGES TO IN THE PUBLIC EYE, INCLUDING ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, EVEN IF IN THE PUBLIC EYE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT DOWNTIME, AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTS, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE HARMS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT YOU MAY BE DISCLOSING SENSITIVE, PRIVATE AND CONFIDENTIAL CONTENT ABOUT YOURSELF IN YOUR USE OF IN THE PUBLIC EYE AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF SUCH CONTENT.

IF YOU ARE DISSATISFIED WITH, IN THE PUBLIC EYE, ITS SERVICES, OR WITH ANY OF THESE TERMS AND CONDITIONS, OR FEEL IN THE PUBLIC EYE HAS BREACHED THESE TERMS AND CONDITIONS YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING IN THE PUBLIC EYE AND ITS SERVICES. THE TOTAL LIABILITY OF IN THE PUBLIC EYE TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS AND CONDITIONS OR USE OF IN THE PUBLIC EYE AND ITS SERVICES SHALL NOT EXCEED THE GREATER OF EITHER THE AMOUNT PAID BY YOU FOR PRODUCTS PURCHASED IN QUESTION OR FIFTY DOLLARS (US$50.00). IT IS THE INTENTION OF IN THE PUBLIC EYE AND YOU THAT A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW CONSTRUE THIS PROVISION.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

General

1. Applicable Law and Jurisdiction. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of In The Public Eye or this Agreement must be brought, if at all, within one (1) year from the accrual of the claim or cause of action or be forever barred. This Agreement and any claims hereunder shall be governed by and subject to the laws of the State of New York, without giving effect to any principles of conflicts of law.
2. No Resale of Printed Images or digital images. You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any image on the website.
3. Independent Contractors. No joint venture, partnership, employment, or agency relationship exists between you and In The Public Eye as a result of this Agreement or use of In The Public Eye.
4. Enforcement. If any legal action is brought to enforce this Agreement, the prevailing party will be entitled to receive its attorneys’ fees, court costs, and other collection expenses, in addition to any other relief it may receive.
5. Force Majeure. In The Public Eye will be not liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storms, explosions, acts of God, war, governmental action, labor conditions, earthquakes, material shortages or any other cause which is beyond reasonable control of In The Public Eye.
6. Waiver. The failure of In The Public Eye to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by In The Public Eye in writing.
7. Construction. The headings of Sections of the Agreement are for convenience and are not to be used in interpretation.
8. Assignment. You may not assign or transfer, by operation of law or otherwise, this Agreement or any of your rights under this Agreement to any third party without prior written consent from In The Public Eye. Any attempted assignment or transfer in violation of the foregoing will be null and void. In The Public Eye may assign this Agreement to any successor to its business or assets to which this Agreement relates, whether by merger, the sale of assets, sale of stock, reorganization, or otherwise.
9. Entire Agreement. This Agreement constitutes the entire agreement between you and In The Public Eye and governs your use of In The Public Eye, superseding any prior agreements between you and In The Public Eye. The failure of In The Public Eye to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
10. Contact: In The Public Eye is located in Brooklyn New York Any questions, comments, or suggestions, including any report of a violation of this Agreement, should be provided to George Frazier IIIrd.
  1. In The Public Eye: https://catsfiregalleries.org/guardian/
  2. By E-mail: In The Public Eye
  3. By Postal Mail: Frazier Realty of New York Inc., 701 Wyona Street, Brooklyn New York 11207

Notice and Reminder:

By checking the checkbox and clicking the “Continue” button you agree that

I have read and accepted “Terms and Agreement Policy, The Privacy Policy, and if applicable The GDPR
I may receive communications from In The Public Eye and I can change this in my account profile section.
I am at least 18 years old