Last Revised: October, 2020
Modifications to the Terms of Service
Glow Technologies, Inc, in its sole and absolute discretion, may make changes or modifications to the Site, the Apps, the Services or to this Agreement (including any policies or agreements which are incorporated by reference herein) at any time and without prior notice to you, and such changes or modifications shall be effective immediately upon posting to this Site. You acknowledge and agree that (i) Glow may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site, the Apps or the Services after such changes or modifications have been made (as indicated by the "Last Revised" date at the top of this page) shall constitute your acceptance of this Agreement as last revised. In addition, theGlow may occasionally notify you of upcoming changes or modifications to this Agreement by email. We therefore recommend that you keep your account information including, but not limited to, your email address, current.
This Site, the Apps, and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site, the App or the Services, you represent and warrant that you are at least eighteen (18) years of age.
If you are visiting this Site or the Apps from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your registration or Personal information, as described below) across international boundaries. By visiting this Site or the Apps and communicating electronically with us, you consent to such transfers.
Your Use of the Site, the Apps, and the Services
Glow's community, like any community, functions best when its Users follow a few simple rules. By accessing and/or using the Site, the Apps or any Services, you agree to comply with these community guidelines (the "Community Guidelines") and that: Your use of the Site, the Apps and the Services including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations; you will not impersonate another User or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, nor will you collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent; you will not use this Site, the Apps or the Services in a manner (as determined by Glow in its sole and absolute discretion) that is illegal, infringing, defamatory, harassing, or abusive, that violates the privacy or publicity rights of another User or any other third party, or that is otherwise objectionable; you will not use this Site, the Apps or the Services for hate speech, hate crimes or violence; you will not use this Site, the Apps or the Services to send spam or other unsolicited bulk email, for computer or network hacking or cracking, or to transmit any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality or security of the Site, the Apps or the Services; you will not copy or distribute in any medium any part of the Site, the Apps or the Services, except where expressly authorized by Glow; you will not access Glow Content or User Content (as those terms are defined below) through any technology or means other than through this Site or Apps themselves, or as Glow may designate; you will not use this Site, the Apps or the Services, including any of Glow's related technologies, for any commercial use without Glow's express prior written consent; and you will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
Additional provisions applicable to Refer-o-matic users (including referring and referred listeners, using Glow.fm’s referral product)
Refer-o-matic users (hereby known as “podcast referrers” are ambassadors for various podcasts. Once you become a podcaster referrer, you are eligible for programs and promotions that promote growth of a particular podcast, which may include the award of prizes or cash. As a podcast referrer, or as a user of this Site, the Apps, or the Services, we expect that at all times you will not engage in any fraudulent or other activities that attempt to mislead, misrepresent or provide false or manufactured information, email addresses or other data, for purposes of obtaining prizes, awards, or other recognition as a podcast referrer. In the event that we determine, in our sole discretion, that you have submitted any such false, misleading or manufactured information, email addresses or other data, we reserve the right to do any one or more of the following: (a) refuse you as a podcast referrer, (b) remove your podcast referrer status status, (c) refuse to deliver to you, or demand that you return, any prizes, awards or other recognition, (d) block you from accessing or otherwise using the Site, the Apps and/or the Services, (e) commence legal proceedings, and (e) report you to appropriate law enforcement authorities.
Glow reserves the right to modify, change, or discontinue any aspect of this Site, the Apps or the Services at any time.
BY REGISTERING FOR MEMBERSHIP, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE MEMBERSHIP TERMS.
From time to time, Glow may invite users to try pre-release services, products, features, or functionalities that are made available to you to use and evaluate ("Beta Features"). You may accept or decline any such trial in your sole discretion. An important part of this beta process is getting real-world testing of the Beta Features before a general release. If you agree to participate in a beta trial, the following additional terms and conditions will apply: - You acknowledge that Beta Features are for evaluation purposes only and not for production use, are not considered part of the Services under this Agreement, are not supported, are provided "AS IS" with no warranties of any kind, and may be subject to additional terms. -Unless otherwise stated, any Beta Feature trial period will expire upon the date that a version of the Beta Feature becomes generally available or we elect to discontinue such Beta Feature. - We may discontinue Beta Features at any time in our sole discretion and may never make them generally available. - WE WILL HAVE NO LIABILITY FOR ANY HARM OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH A BETA FEATURE, AND YOU USE ANY BETA FEATURE AT YOUR OWN RISK. - You agree that we shall be free to use, reproduce, disclose, and otherwise exploit any and all such Feedback without compensation or attribution to you. Intellectual Property
You agree to indemnify and hold harmless Glow, its and affiliates, and their directors, officers, managers, employees, shareholders, agents, and licensors, from and against all claims, demands, disputes, losses, expenses, damages, and costs, including reasonable attorneys' fees, arising out of or in relation to your breach of these Terms or your misuse of the Site, the Apps, the Services, or any Beta Feature.Glow reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Disclaimer of Warranties and Limitation of Liability
THE SITE, THE APPS, THE SERVICES, ALL BETA FEATURES AND ALL GLOW CONTENT ARE AVAILABLE "AS IS." GLOW DOES NOT WARRANT THAT THE SITE, THE APPS, THE SERVICES, ANY BETA FEATURES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE NEWS, INFORMATION, OR OTHER MATERIALS AVAILABLE THROUGH THE SITE, THE APPS, THE SERVICES, ANY BETA FEATURES OR ANY GLOW CONTENT. WE DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, THOSE OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE WITH RESPECT TO THE SITE, THE APPS, THE SERVICES, ANY BETA FEATURES, OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SITE, THE APPS, THE SERVICES, ANY BETA FEATURES OR ANY GLOW CONTENT. WE DO NOT PROVIDE OR AUTHORIZE THE PROVISION OF MEDICAL, LEGAL, OR OTHER PROFESSIONAL ADVICE THROUGH THE SITE, THE APPS, THE SERVICES, ANY BETA FEATURES, AND SO WE DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF MEDICAL, LEGAL, OR OTHER PROFESSIONAL INFORMATION THAT IS CONTAINED WITHIN THE SITE, THE APPS, THE SERVICES, ANY BETA FEATURES RATHER THAN RELYING ON THIS INFORMATION, YOU SHOULD SEEK ADVICE FROM A QUALIFIED PROFESSIONAL. WE DO NOT MAKE ANY REPRESENTATIONS REGARDING, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED, OR DISTRIBUTED IN ANY BETA FEATURES, THE SERVICES, THE SITE, THE APPS OR AVAILABLE THROUGH LINKS IN THE FOREGOING. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SITE, THE APPS, THE SERVICES AND ANY BETA FEATURES. WE DO NOT GUARANTEE OR WARRANT THAT THE BETA FEATURES, THE SERVICES, THE SITE, THE APPS, OR MATERIALS THAT MAY BE DOWNLOADED FROM THE FOREGOING DO NOT CONTAIN VIRUSES, WORMS, "TROJAN HORSES," OR OTHER DESTRUCTIVE MATERIALS. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS, Glow, its affiliates, and their directors, officers, managers, employees, shareholders, agents, and licensors: (I) SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE PLATFORM OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SITE, THE APPS, THE SERVICES, ANY BETA FEATURE SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE FOREGOING DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM. Limitation of Liability in Certain States CERTAIN STATE LAWS IN THE UNITED STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE LIMITATIONS ON WARRANTIES MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
If you have any questions about this Agreement, please contact us via email at email@example.com or regular mail at the following address:
Glow Technologies, Inc
240 2nd Avenue S, #300
Seattle, WA 02139
Copyright 2020 Glow Technologies, Inc. All rights reserved.