Terms and Conditions
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GlowLocal Terms and Conditions
Effective November 25th, 2021
Please note that we may amend our Terms; however, the latest version shall be located here, while any material amendment shall be notified to you before the effective date. You are deemed to have read, understood, and accepted the revised version of our Terms by continuing to access, use, or interact with our Sites after the effective date. Kindly email us at firstname.lastname@example.org for queries regarding our Terms or Sites.
Please refer to the following definitions pertinent to understanding our Terms.
1.1. Content: It refers to any text, photos, images, video, audio, location, and any other form of data that may be used for communication.
1.2. Your Content: It refers to the type of content that you may provide or transfer either through or regarding our Sites, such as reviews, ratings, invitations, compliments, messages, check-ins, or any other information publicly displayed on your account.
1.3. User Content: It is the type of content provided or transferred by users either through or concerning our Sites.
1.4. GlowLocal Content: This refers to any content that is created, shared, or displayed by us regarding our Sites.
1.5. Third-party Content: It includes any content that belongs to a party other than GlowLocal or its users that is displayed concerning our Sites.
1.6. Site Content: It includes all content that is created related to our Sites and shall include all of the above-mentioned types of content.
2. Site Permissions and Use
The permissions to use and interact with the Sites are explained as under.
In order to be eligible to use or interact with the Sites, individuals must be of eighteen (18) years or older. In addition, we may terminate access to our Sites if we determine that the user is one of our or is a part of our competitors.
Moreover, if you access or interact with the Sites on behalf of anyone else, these Terms shall also apply to them and represent their acknowledgment and acceptance.
2.2. Site Usage Permissions
We provide you permission for using the Sites as long as you follow the limits imposed under these Terms. You shall be using the Sites at your own risk, which includes the risk of being exposed to indecent, offensive, objectionable, or otherwise inappropriate content.
2.3. User Profiles and Account Security
2.3.1. You may need to provide accurate personal information while creating an account with us to gain access to some of our Services and features made available through our Sites.
2.3.2. You communicate your consent to receive messages and notifications regarding the Sites by creating an account with us. However, you can disable some unimportant communications by emailing us at email@example.com.
2.3.3. You shall be responsible for keeping your account password safe and confidential and for the activities of the authorized users operating on your behalf. Under these terms, you agree to notify us whenever you become aware of any unauthorized use of your account and also reserve the right to terminate your account at any time.
2.3.4. Your account shall not be used for commercial purposes and is only intended for personal use unless you are our customer.
2.3.5. We have the right to reclaim usernames, including trademark rights that fall within those usernames.
3. Content Permissions
3.1. Content Responsibility and Liabilities
3.1.1. You are solely responsible and liable for Your Content as defined under these Terms. Please note that the content you post on the Sites cannot always be withdrawn; hence, it is your responsibility to assume possible risk, including any reliance on the accuracy, disclosure, or quality of Your Content.
3.1.2. You represent and warrant that you own or have the relevant permissions to use and authorize the use of Your Content in the manner set out above.
3.1.3. You may not indicate that we are sponsoring or endorsing Your Content in any way.
3.1.4. You represent and warrant that Your Content, as well as our use of it as authorized by these Terms, will not infringe on anybody’s rights or cause harm to anyone.
3.1.5. You may not produce, upload, share, or store any of Your Content that violates these Terms or for which you do not have all of the required rights to give us the above-mentioned license.
3.2. Right To Utilize Your Content
3.2.1. We reserve the right to utilize Your Content in various ways by either displaying, verifying, reformatting, or incorporating it for marketing or advertising purposes. We may create derivative work from Your Content and promote, distribute, and authorize other parties to do the same for their media platforms and websites, collectively referred to as “Other Media”.
3.2.2. By creating an account, you hereby grant us the irrevocable right to use, create derivative work, publicly display and perform, commercialize, study and analyze your content.
3.2.3. In connection with their use of the Site and any Other Media, you also give users of the Sites and any Other Media an irrevocable right to access Your Content.
3.2.4. In connection with Your Content, you are not entitled to any remuneration. Moreover, you irrevocably relinquish and cause to be renounced all claims and assertions of moral rights or credit concerning Your Content against the Sites and its users.
3.3. Content Ownership
3.3.1. You own the content that you create or post as described under the definition of “Your Content”. However, we own GlowLocal Content and everything that falls under its ambit including but, not limited to designs, graphics, templates, compilations, interactive features, visual interfaces, verification information. We also own any content and IP rights over anything that falls under the ambit of User Content, Third-party Content, and Site Content.
3.3.2. You do not reserve any rights over GlowLocal Content and Site Content without any express and unambiguous authorization provided under these Terms.
3.3.3. We are not under any obligation to monitor, screen, or edit Your Content; however, we reserve the right to delete, remove, edit, or screen User Content at our discretion.
3.3.4. We have no responsibility to keep or furnish you with copies of Your Content, and we make no assurances about its confidentiality.
4. Restriction Guidelines
Addendum A, which may be found at the bottom of these Terms, contains the general guidelines for such online review policy for User and Third-Party Content.
By creating an account with us, you acknowledge and accept your obligation under these Terms do not encourage, enable, or assist others to:
a. Pay or be paid to post or remove a review; publish a misleading or defamatory review; exchange reviews with other businesses;
b. Intimidate, stalk, or threaten to injure, harm, or harass others, or use indecent, foul, or offensive language to incite hatred or bigotry in any way;
c. Infringe on the rights of a third party, including any breach of confidence, copyright, patent, trademark, trade secret, moral right, privacy, or any other intellectual property or proprietary right;
d. Impersonate another person or entity, or misrepresent yourself or your relationship with another person, or use that other user’s account in any way;
e. Promote a company or other corporate entity or events, or use the Sites for commercial purposes unless you sign up with a Business Account and have been authorized by us through a written consent;
f. Access, retrieve, scrape, or index any section of the Sites or any Site Content using any robot, spider, site browsing tool, automated scripts, or other automated devices, etc.;
g. Mine, process, or record any information about other users;
h. Attempt to reverse engineer any part of the Sites;
j. Except as specifically allowed in writing by us, you may not alter, adapt, appropriate, reproduce, distribute, create derivative works or adaptations of, publicly display, sell, trade, or otherwise exploit the Site or Site Content apart from anything that falls under the definition of Your Content;
Any concerns, comments, recommendations, ideas, original or creative materials, or other information regarding our Sites or Services (collectively referred to as “Feedback”) may be voluntarily posted, submitted, or otherwise communicated to us. You acknowledge and agree that we may use your Feedback for any reason, including but not limited to commercial purposes, without providing you with any notice or compensation. Please note that we may categorize your Feedback as non-confidential.
7. SMS Marketing
8. Third-Party Interactions
As permitted by the relevant law, you agree to defend and indemnify us and our parent company (ies), subsidiaries, affiliates, licensors, partners, directors, officers, agents, employees, and representatives (collectively referred to as “Entities”) against any liabilities, losses, demands, claims, demands, costs or expenses (collectively referred to as “Claims”) that arise out of;
9.2. Your interaction or use of our Sites or Services;
9.3. Any IP infringement caused by you or any third party using your account.
Moreover, we reserve the right to assume exclusive defense regarding any matter for which you are liable to indemnify us, at your expense. Unless expressly authorized by written consent by us, you shall not settle any matter related to us, and you agree to promptly alert us regarding any such claims. We shall notify you of such claims or legal proceedings within a reasonable timeframe.
10. Limited Liability
Please read this section with care as it limits our liability towards you. Nothing in these terms is meant to limit your rights. Your usage site is at your sole risk and discretion. We make no assertions or promises about the site’s quality, reliability, or performance, its safety or stability, or the site content, and as a result, we are not liable to you for any damage or loss that may occur.
In the event of dissatisfaction with the sites or our services, or any other grievance, your sole and exclusive right to remedy against us shall result in your cancellation and withdrawal of access to, and use of the sites.
11. Governing Laws and Jurisdiction
You agree to submit and consent to the exclusive jurisdiction and venue of the state or federal courts of Washington and the United States for any claim made by either party.
12. Copyright Infringements
We reserve the right to terminate any user accounts that repeatedly infringe our IP rights. If you find, believe, or become aware that the Sites infringes your copyright, please email us at firstname.lastname@example.org for further instructions.
14. General Terms
14.1. Unless otherwise specified in a separate written agreement with us, the Terms constitute as a legally binding agreement between you and us regarding the use of the Sites and replace any prior agreement between you and us on such relevant matter.
14.2. The failure of any party to exercise any right granted herein in any way shall not be construed as a waiver of any other rights granted herein.
14.3. We retain the right, at our sole discretion, to change, update, or cancel the Site at any time, for any or no reason, and without warning.
14.4. We may alert you regarding changes to the Terms through email, regular mail, or messages through the Sites.
14.5. Except as expressly stated in our Terms, nothing in this document is intended to create rights or obligations on any third party, and nothing in this document shall be construed to do so.
14.6. If any section of these Terms is found to be unlawful or invalid, only that section will be changed to accommodate the parties’ intent or removed to the authority granted, leaving the Terms enforceable.
Guidelines for Online Review
The following guidelines shall apply to User and Third-party content. Please note that we may remove the following Third-party or User content;
● Reviews that are fake, defamatory, or focus on a competitor’s business;
● Any violation against a third-parties right such as infringement of copyright, patent, trademark, trade secrets, or breach of any other legal or moral rights including privacy, confidence, or property, etc.;
● Any harmful or threatening content that causes harassment, discrimination, bigotry not limited to religion, beliefs, sexual orientation, political views, disability, age, gender, race, or ethnicity, etc.;
● Use of foul, offensive, or vulgar language;
● Any form of misrepresentation or impersonation;
● All such unauthorized marketing tactics that involve or promote other businesses or events;
● Any content that either violates the relevant law or is related to any pending court proceedings;