1. Acceptance of Terms of Service
Term. This Agreement will remain in full force and effect while you use the Services. Glixel can suspend or terminate your access to the Glixel Applications or Services, in whole or in part, at any time, immediately and without notice. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
Electronic Form/Communications. By accessing the Glixel Applications or Services, you consent to having this Agreement provided to you in electronic form and receiving communications from us electronically. We may communicate with you by postal mail, e-mail or by posting notices on the Sites. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing.
2. Use of the Glixel Applications and Services
Carrier Charges. You are responsible to pay carrier data, messaging, and other fees resulting from accessing any Glixel Applications. Data and messaging (including SMS text messages) plans may be required to use mobile features of the Glixel Applications. Standard data and messaging charges, fees, and taxes from your carrier may apply.
Personal Use. The Glixel Applications, the content offered in its print and electronic publications ("Content") and the Services offered are intended for your personal, noncommercial use in accordance with these Terms. You agree that you will not, unless specifically permitted by us (i) copy, display or distribute any part of the Content or Glixel Applications, in any medium, without Glixel's prior written consent, or (ii) alter or modify any part of the Glixel Applications other than as may be reasonably necessary to use the Glixel Applications for their intended purpose. You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute Content or to manipulate the Glixel Applications or Services.
No Interference. You will take no action to interfere with, interrupt, destroy or limit the functionality of the Glixel Applications or any computer software or hardware or telecommunications equipment. You may not use the Glixel Applications or Services in any manner that could damage, disable, overburden, or impair any Glixel server, or the network(s) connected to any Glixel server, or interfere with any other party’s use and enjoyment of any Glixel Applications or Services. You may not attempt to gain unauthorized access to any Glixel Applications or Services, other accounts, computer systems or networks connected to any Glixel server or to any of the Glixel Applications or Services, through hacking, cracking, distribution of counterfeit software, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Glixel Applications or Services. You may not reverse engineer, decompile or disassemble any software accessed through Glixel Applications or Services, including any proprietary communications protocol used by Glixel.
Modification to Services. Glixel has the right to modify the Glixel Applications and Content at any time in its sole discretion. Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Glixel in providing its products, services, Content or any Services is to stop using the Services as set forth herein.
Security. Glixel has implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Promotions, Contests and Sweepstakes. You agree not to discuss the mechanics of sweepstakes, contests, or similar promotions available on or through the Service, or attempt to manipulate, corrupt or otherwise affect the outcome of, any such promotions, or post, upload, transmit, send, or otherwise make available on or through the Service any content that may or is intended to enable, authorize, instruct, encourage, assist, suggest, inform, or promote activities that may subvert or not comply with the rules, restrictions, and/or limitations applicable to such promotion.
3. User Submissions
Communication Services. The Services may contain e-mail services, chat areas and/or other message, communication or other mechanisms designed to enable you to communicate with others or to post content on the Sites (the “Communication Services”). All such communications, information and content, including the ideas contained in such materials, as well as user names, profiles or similar materials you submit, post, upload, embed, display or communicate (collectively, “Distribute”) is referred to as “User Content.” You agree to use the Communication Services only to Distribute User Content that conforms to these Terms, including the User Requirements set forth below, and, when applicable, is related to the particular Communication Service.
Removal. Glixel has no obligation to monitor the User Content. However, Glixel reserves the right to review materials posted to the Communication Services and to remove any User Content at any time, without notice, for any reason and in its sole discretion. Glixel specifically disclaims any liability with regard to the User Content and any actions resulting from your participation in any Communication Services. Glixel representatives may monitor your User Content on the Glixel Applications but we cannot monitor all of the User Content on the Glixel Applications and we do not attempt to do so. If you encounter something you find objectionable and in violation of these Terms, you can report it to email@example.com.
Disclaimer of Endorsement. You acknowledge that chats, postings, conferences and other communications by users are not controlled or endorsed by Glixel, and such communications shall not be considered reviewed, screened or approved by Glixel. User Content, including statements made in public forums, reflect only the views of their authors. Glixel specifically disclaims any liability with regard to the User Content and any actions resulting from your participation in any Communication Services. Managers and hosts of Communications Services are not authorized Glixel spokespersons, and their views do not necessarily reflect those of Glixel.
License and Warranties. By using the Communication Services and submitting User Content to the Glixel Applications, you grant to Glixel, and its successors in business and assigns, employees, licensees, agents, representatives and other authorized users of the Sites, a perpetual, worldwide, royalty-free, and non-exclusive license to reproduce, distribute, perform, modify, edit, display, adapt, create derivative works from and market and promote the User Content, for any commercial or non-commercial purposes, and in any medium now existing or hereinafter developed, and to use your user name and any personal information you submit with or contained within the User Content, without your prior approval or the payment of any compensation and without notice. You also grant each user of the Glixel Applications a non-exclusive license to access your User Content as permitted through the functionality of the Glixel Applications and under these Terms. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in the User Content you submit.
No Confidentiality. You acknowledge and agree that your communications via the Communications Services are public and not private communications, and that you have no expectation of privacy concerning your use of these Communications Services or your User Content. You acknowledge that personal information that you communicate on the Communications Services may be seen and used by Glixel and others and result in unsolicited communications; therefore, we strongly encourage you not to disclose any personal information about yourself in your public communications on our Services. Glixel is not responsible for information that you choose to communicate to other users via the Communications Services, or for the actions of other users. All User Content must comply with the User Requirements.
User Requirements. You agree that you may not access or use the Services and/or related Communication Services, in order to:
- Use such Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Publish, post, upload, transmit, distribute or disseminate content that is illegal, harmful, abusive, threatening, vulgar, sexually explicit, defamatory, obscene, embarrassing, unwanted, hateful or racially, ethnically or, in a reasonable person’s view, otherwise offensive or objectionable or encourage others to do so.
- Use, upload, transmit, distribute or otherwise make available any material or information, which contain any materials that could infringe any copyright, trademark, patent, trade secret, publicity or privacy right or any other proprietary right or disclose any trade secret of or violate any confidential obligation of any person or entity.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Glixel Applications or Services or other users’ computers.
- Except as expressly authorized by Glixel, advertise or offer to sell or buy any goods or services for any purpose, unless the Services specifically allow such messages.
- Falsify, delete or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Collect in any way personal information about others, including e-mail addresses, password or other account information or use such information to send unsolicited emails.
- Impersonate or create a false identity (such as a celebrity or Glixel representative) for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of such Services or other user or usage information or any portion thereof.
- Improperly use support or complaint buttons or make false reports to Glixel administrators.
- Use, develop or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.
- Use a bulletin board or other Communications Service in any manner other than for personal communication as an individual user (i.e. not as a corporation or other entity).
- Use the Services for fraudulent transactions.
- Sell, buy, or transfer access to your account.
- Exploit, distribute or publicly communicate any error, miscue or bug which gives an unintended advantage.
4. Proprietary Rights
The Services and all material published on the Glixel Applications, including, but not limited to text, photographs, video, text, graphics, music, images, animations, audio, text, “applets” incorporated into the software, data, sounds, messages, comments, ratings, and other materials on the Glixel Applications (together “Content”) is owned by Glixel or its licensors and is protected by laws governing copyrights patents, trademarks, trade secrets and/or other proprietary rights. In addition, Glixel owns a copyright in the selection, coordination, arrangement and enhancement of such content and a copyright in the Glixel Applications. All trademarks, service marks, trade names, and trade dress appearing on the Sites (“Marks”) are proprietary to Glixel and/or our licensors or licensees. You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the Marks, the Content, Glixel Applications or the Services, in whole or in part, without Glixel's prior written consent. You may download Content for your personal, non-commercial use only as provided in these Terms, or as may be otherwise permitted by Glixel from time to time, provided that do not alter any such Content and you keep intact all copyright and other proprietary notices and you do not use the Content in any way that would express or imply an association between you and the products and services of Glixel or any third party. You acknowledge that you do not acquire any ownership rights in any Content downloaded from Glixel Applications. Copying or storing of Content for other than personal use is expressly prohibited without prior permission from us or the owner of the Content. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Glixel without express written consent. You may not use any Meta tags or any other "hidden text" utilizing Glixel’s name or trademarks without the express written consent of Glixel. You may not use any Glixel logo or other proprietary graphic or trademark as part of the link without express written permission. If you engage in any uses not permitted by these Term, all permissions or licenses granted by Glixel in these Terms shall automatically terminate.
No Other License Granted. Except for allowing you to use the Glixel Applications and Service for your personal use as set forth in the paragraph above, when you use the Glixel Applications or Service, you are not receiving a license or any other rights from Glixel, including intellectual property or other proprietary rights of Glixel. You understand that you have no rights to the Glixel Applications or Services or any other Glixel property except as we indicate in these Terms.
5. Digital Millennium Copyright Act ("DMCA") Notice
Glixel has adopted and implemented a policy for addressing claims of copyright infringement, and for the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright. Further, we reserve the right to terminate, discontinue, suspend and/or restrict the ability to visit and/or use the Service or remove, edit, erase or disable any User Content on the Glixel Applications which allegedly infringes another person's copyright. It is our policy to terminate the access of repeat offenders. We are under no obligation to, and do not, scan content posted for any violations of third party rights, however, we respect the copyright interests of others and it is our policy not to permit materials known by us to infringe another party's copyright to remain on the Glixel Applications or the Service. If you believe any materials on the Glixel Applications or the Services infringe a copyright, you should provide us with written notice that at a minimum contains:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
For notice of claims of copyright or other intellectual property infringement, please contact:
Attn: Legal/DMCA Complaints
1290 Avenue of the Americas
New York, NY 10104
By email: firstname.lastname@example.org
Age Requirements. You represent and warrant that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Glixel Applications and Services in accordance with these Terms. If we have any reason to believe you are not 18 or older we may terminate your access to the Glixel Application and Services.
Links. You may be able to access other websites or resources through links on the Site. Because Glixel has no control over such sites and resources, you acknowledge and agree Glixel is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials or available from such sites or resources nor does Glixel endorse any such sites or the products or services assessable on such sites. You further acknowledge and agree that Glixel shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Third Party Opinions. The Glixel Applications may contain views, opinions and statements of various third party individuals and organizations. Glixel neither endorses nor makes any representation or warranty whatsoever regarding the views, opinions or statements provided by any third party or any user of the Glixel Applications. It is your responsibility to evaluate the accuracy, completeness and usefulness of any information, opinion or contents available through the Glixel Applications and to seek appropriate advice of professionals, as appropriate.
7. Legal Notices
Disclaimer of Warranties. GLIXEL WILL NOT BE HELD LIABLE, UNDER ANY CIRCUMSTANCE, FOR YOUR USE OF THE GLIXEL APPLICATIONS AND MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE INFORMATION AND MATERIALS APPEARING ON GLIXEL APPLICATIONS, WHICH ARE PROVIDED "AS IS." GLIXEL MAY MAKE IMPROVEMENTS AND/OR CHANGES IN GLIXEL APPLICATIONS AT ANY TIME INCLUDING CHANGES TO THESE TERMS. GLIXEL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, LINKS OR OTHER ITEMS CONAINED HEREIN. GLIXEL DOES NOT MAKE ANY REPRESENTATIONS THAT GLIXEL APPLICATIONS OR ITS CONTENTS WILL BE ERROR FREE OR THAT DEFECTS WILL BE CORRECTED OR THAT GLIXEL APPLICATIONS SHALL BE FREE OF VIRUSES OR OTHER HARMLESS COMPONENTS.
ALL CONTENT, PRODUCTS AND THIRD PARTY SERVICES ON THE GLIXEL APPLICATIONS, OR OBTAINED FROM A SITE TO WHICH THE GLIXEL APPLICATIONS ARE LINKED, ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. GLIXEL DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE MERCHANTABLITY OF ANY PRODUCT OR SERVICE ACCESSED FROM THE GLIXEL APPLICATIONS OR A LINKED SITE. OTHER THAN AS REQUIRED BY LAW, UNDER NO CIRCUMSTANCE WILL GLIXEL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE GLIXEL APPLICATIONS OR A LINKED SITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM THE GLIXEL APPLICATIONS OR A LINKED SITE.
Liability Limitation. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GLIXEL OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE GLIXEL APPLICATIONS OR THE SERVICES, EVEN IF GLIXEL HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. MOREOVER, UNDER NO CIRCUMSTANCES WILL WE, OUR LICENSORS OR LICENSEES, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. WE MAY CHANGE OR DELETE CONTENT OR FEATURES OF OUR SERVICES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN GLIXEL’S AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED $20. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Indemnity/Release. You understand that you are personally responsible for your behavior while on the Glixel Applications or using the Services and agree to indemnify and hold Glixel, and its affiliates, business partners, distributors, agents, representatives and other authorized users, and their respective officers, directors, employees, and agents (collectively, the “Indemnified Parties”), harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) that the Indemnified Parties may incur in connection with any claim arising out of or related to your use of the Glixel Applications or Services or your violation of either these Terms, applicable law or the rights of any third party.
If you are a California resident and in connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Access to Services. Glixel reserves the right to perform regular or planned or unplanned maintenance to our virtual products due to technology improvements or bugs, and you may or may not be notified of these changes before they occur. Glixel also reserves the right to change, modify, discontinue, suspend or abandon the Glixel Applications or any of the Services at any time for any reason with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment.
Availability and Use Outside of the United States. The Glixel Applications and Services are controlled from facilities in the United States. Glixel makes no representations that the Glixel Applications or Services are appropriate or available for use in other locations. Those who access or use the Glixel Applications and/or Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
Governing Law/Disputes. These Terms shall be governed by and construed in accordance with the laws of the State of New York without application of conflict of laws rules. Exclusive jurisdiction and venue in connection with any dispute between you and Glixel ("Dispute") will rest, and you and Glixel each agree to submit to the exclusive jurisdiction of, the courts of the State of New York and the federal courts of the southern district, located in New York City, New York. You agree that in the event of any dispute between us, you will first contact us and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action. You hereby waive any right you might have to resolve any Dispute on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public or other persons similarly situated, and you waive your right to trial by jury. Any cause of action you may have with respect to Glixel, the Services, the content or the Glixel Applications must be commenced within one year after the claim or cause of action arises or such claim or cause of action shall be barred.
Miscellaneous. These Terms and policies incorporated herein, are the entire agreement between you and Glixel. They supersede any and all prior or contemporaneous agreements between you and Glixel relating to your use of the Glixel Applications or the Services. Glixel may assign these Terms, in whole or in part, at any time. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. Headings in the Terms are for convenience of reference only and shall not affect the interpretation or construction of this agreement. The failure of Glixel to partially or fully exercise any rights or the waiver of Glixel of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by Glixel or be deemed a waiver by Glixel of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Glixel under these Terms and any other applicable agreement between you and Glixel shall be cumulative, and the exercise of any such right or remedy shall not limit Glixel's right to exercise any other right or remedy.
Copyright (c) 2016 Glixel LLC. All rights reserved.