Jan that what you said right now is correct and this topic helped me with this problem..
look
Warning: SAFE MODE Restriction in effect. The script whose uid is 804 is not allowed to access /home/....../gallery/data/media/190 owned by uid 99 in /home/......../gallery/includes/upload.php on line 109
Warning: SAFE MODE Restriction in effect. The script whose uid is 804 is not allowed to access /home/........./gallery/data/media/190 owned by uid 99 in /home/hcb42/.......gallery/includes/upload.php on line 114
you will say that my php.ini need to change.. ok I did but the problem was still there and after I removed the first folder and created new using FTP and chmood to 777 everything was working correct without to show me the error with Safe Mode Restriction again
it is good that all do this with the new folder before are worry about the Safe_mode cose this have nothing to do in this situation above..