Gleamn - Terms & Conditions
GLEAMN.COM Terms and conditions of website use
Effective Date: March 15,2021
The Website (defined below) is provided by Gleamn.com and its subsidiaries (collectively, “Gleamn” “we,” “our,” or “us”). These “Terms and Conditions of Website Use” (this “User Agreement”) govern your use of the Website, regardless of how you access or use it. Each time you use the Website, this User Agreement applies to your use. Gleamn is not responsible for notifying you of changes to the website and you should check the Website frequently to be aware of these changes. By “Website,” we mean the Internet domain address within which this User Agreement is posted and all features, applications, content, and downloads that are operated by us and that are available through or interact with it, and/or post links to this User Agreement.
It is important that if you want to use this Website that you carefully read this User Agreement since it is a written contract between you and Gleamn. Every time you use or access the Website you are agreeing to the terms and conditions in this User Agreement and any additional terms. If you do not agree to all the terms of this User Agreement and the additional terms, please do not use this Website.
- Website Ownership and Content
The Website contains materials and other items about Gleamn products and services including, but not limited to, text, images, files, scripts, designs, photographs, videos, audio clips, graphics, button icons, pictures, advertising copy, URLs, technology, software, interactive features, and the overall arrangement or “look and feel” of such materials including copyrightable material, as well as trademarks, logos, and service marks that belong to either Gleamn, its licensors, licensees or other third parties (collectively the “Content”). The Website and the Content are owned or controlled by Gleamn and certain other third parties, and as such all right, title, interest in and to the Content and the Website is the property of Gleamn or certain other third parties and is protected by United States and International copyright, trademark, trade dress, patent or other intellectual property rights and laws to the fullest extent possible. Gleamn is the owner of the copyright in the Content on the Website. By using the Website, you will not obtain any ownership or intellectual property or other interest in any item or content on the Website. In exchange for your agreement and strict compliance with the User Agreement and any additional terms, Gleamn grants you a limited, non-exclusive, non-transferrable, non-assignable, revocable license to access, display, view, and/or use the Content on the Website for your own personal, non-commercial use only. You agree that Gleamn may immediately and, without any notice to you, suspend or terminate the availability of the Website or its Content without any liability to you. You further agree that any unauthorized use of any Content of the Website for any purpose is strictly prohibited.
- Ownership of Content You Submit
By using the Website and posting, uploading, publishing, distributing, or transmitting information such as pictures, reviews, messages, content, or other personal information on the Website or other Gleamn sponsored forums, blogs, social networking sites, or other communities, you grant Gleamn a perpetual, unrestricted, unconditional, unlimited, irrevocable, worldwide, cost-free right and license to use, copy, redistribute, re-sell, or transmit any portion of your “User Generated Content.” You agree to waive, unconditionally and perpetually, any rights to such User Generated Content, except as prohibited by law. You further represent and warrant that you are the age of majority in the state in which you reside or are the parent or legal guardian and consent to the uploading, publishing, distributing or transmitting of such User Generated Content. You further represent and warrant that you are the sole author and owner of such content and that to the best of your knowledge such User Generated Content does not infringe on the rights of any other third parties or would cause any harm to any other third parties. For example, you should not have User Generated Content that includes pictures or videos of family or friends where you do not have their permission to post such photos. In addition, you give Gleamn the sole and exclusive right to remove, alter, or change the User Generated Content and to bring any legal actions regarding such User Generated Content on your behalf. By using this Website, you agree that you will not obtain any ownership or intellectual property or other interest in it or any of the User Generated Content. You agree to respect the thoughts, opinions, and rights of others and that your User Generated Content does not threaten, abuse, or harm others, and does not include any negative comments that are connected to race, national origin, gender, sexual orientation, or physical handicap. Your User-Generated Content must not be defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit or have political implications or be used for commercial gain. You give Gleamn the sole right to suspend, terminate, limit, or remove your right to use the Website or participate in any User Generated Content.
- Customer Satisfaction
It is very important to Gleamn that our consumers receive the highest quality consumer service. As such, if you have any questions, thoughts, ideas, or concerns, please feel free to contact us at: email@example.com
- Permitted Activities
You should be aware that you may only use the Content on the Website in conjunction with permitted activities and you cannot use the Website or its Content in any offline environment or on any other Website. You are not allowed to use the Website or its Content for any commercial, political, obscene, or inappropriate purpose.
- Mobile or Wireless Features
Gleamn.com may have certain features and/or services that are available to you via your mobile or wireless Internet Device. These features and services may include the ability to access the Website’s features and upload content to the Website, receive messages from the Website, and download applications to your mobile or wireless Internet Device (collectively, “Wireless Features”). Standard messaging, data, and other fees may be charged by your telephone service or carrier to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Internet Device. You should check with your carrier to find out what plans are available and how much they cost. Contact your carrier with questions regarding these issues. By using this Website, under this User Agreement, you agree that for the Wireless Features for which you are registered, we can send you communications to your mobile or wireless Internet Device, unless you opt-out in accordance with our procedures. You also agree that we can collect information about your use of the Wireless Features.
- Disclaimer of Representations and Warranties
Gleamn is providing the Website and its Content to you on an “as is” basis, without any warranty of any kind and Gleamn’s liability to you is very limited. The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if Gleamn was advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action of contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of God, telecommunications failure, or destruction of the Website).
EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE TOTAL LIABILITY OF GLEAMN TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE WEBSITE AND YOUR RIGHTS UNDER THIS USER AGREEMENT, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID GLEAMN IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE. FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY PRODUCT WARRANTY THAT IS PROVIDED BY A MANUFACTURER OF A PHYSICAL PRODUCT.
Please note that some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.
PLEASE NOTE THAT UNDER NO CIRCUMSTANCES WILL GLEAMN BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to your use of or inability to use Website, or the performance of the Website.
- Waiver of Injunctive or Equitable Relief
IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSSES, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE WEBSITE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, CONTENT, USER-GENERATED CONTENT, OR OTHER INTELLECTUAL PROPERTY OWNED, LICENSED, OR CONTROLLED BY GLEAMN.
- General Provisions
- Updates to User Agreement. Gleamn reserves the sole and exclusive right to modify this User Agreement and any additional terms, at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the Website so that they are accessible via a link on the Website, and that your use of the Website after we post the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. You also agree that you will review this User Agreement and any additional terms on a regular and frequent basis and that the Updated Terms will be effective as of the time that Gleamn posts them on the homepage of the Website, or such later date as may be specified in them.
- Indemnity. You agree to, and you hereby, defend, indemnify, and hold Gleamn and its subsidiaries, officers, directors, employees, shareholders, and affiliates harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Gleamn party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (i) your User Generated Content; (ii) your use of the Website and your activities in connection with the Website; (iii) your breach or anticipatory breach of this User Agreement or any additional terms; (iv) your violation or anticipatory violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities in connection with your use of the Website; (v) information or material transmitted through your Internet Device, even if not submitted by you, that infringes, violates, or misappropriations any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; (vii) Gleamn use of the information that you submit to us (including your User Generated Content); (viii) your purported “ownership” of any usage subscriptions or virtual items; and (ix) the increase or decrease in “value” or loss of usage subscriptions or virtual items if Gleamn deletes, terminates, or modifies them (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by Gleamn in the defense of any Claim and Losses. Notwithstanding the foregoing, Gleamn retains the sole and exclusive right to settle, compromise, and pay any and all Claims and Losses. Gleamn further reserves the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of Gleamn.
- Severability; Interpretation. If any provision of this User Agreement, or any additional terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from this User Agreement or the additional terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of this User Agreement or the additional terms (which will remain in full force and effect).
- Communications. When you communicate with us electronically, such as via e-mail and text message, you consent to receive communications from us electronically through that same method.
- Assignment. Gleamn reserves the sole and exclusive right to assign its rights and obligations under this User Agreement and any additional terms, in whole or in part, to any party at any time without any notice. This User Agreement and any additional terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Gleamn.
- No Waiver. Except as expressly set forth in this User Agreement or any additional terms, (i) no failure or delay by you or Gleamn in exercising any of your rights, powers, or remedies under will operate as a waiver of that, or any other right, power, or remedy, and (ii) no waiver or modification of any term of this User Agreement or any additional terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.