Terms of Service (ToS)
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purpose of this Terms of Service:
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Account means a unique account created for and by You to access our Service or parts of our Service.
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Application means the software program provided by the Company downloaded by You on any electronic Device, named Gluo
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Company (also referred to as "the Company", "We", "Us" or "Our") refers to Gluo.
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Country refers to country in which Gluo is seated, which for Gluo is Belgium.
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Device means any Device that can access the Service such as a computer, a cellphone, a digital tablet, a Samsung smart fridge, etc.
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Personal Data is any information that relates to an identified or identifiable individual, to find out how we treat Your privacy click here.
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Service refers to the Application.
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Materials refers to the contents and functionalities provided only by Us. Content uploaded, created and managed by Users of the Application does not fall within this category.
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You means the individual accessing or using our Services.
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User means any individual just like You accessing or using our Services.
You
We allow You to temporarily download a copy of one or more Materials acquired from or on this Service for personal, non-commercial viewing or using only. This is a grant of a license, not a transfer of title. Under this license You may not:
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Modify or copy the Materials You downloaded. Any Material downloaded from this Service will be kept in it's original state.
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Use for commercial purposes or public display. Any Material downloaded from this Service can only be used and viewed by You. You will not share or sell anything acquired from this Service, not in it's original state nor in a modified stage (that would go against the previous term).
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Reverse engineer the Materials acquired from the Service. You are not allowed to copy or abuse anything contained within Your downloaded copies.
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Remove any copyright or other proprietary notations from Your downloaded Materials. You will not transfer or "mirror" the Materials to any other Service or Application.
Not following our conditions or not acting as stated above allows the Service to terminate any and all offending User accounts. Upon account termination, Your viewing right will also be terminated and You should destroy any and all downloaded Materials in Your possession whether it is in printed or electronic format. Otherwise legal actions will be taken.
You as a User
By using this Application, You represent and warrant that the following conditions are followed upon:
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All registration information You submit is true, accurate, current and complete.
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You will maintain the accuracy of such information and promptly update such registration if necesarry.
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You must be 13 years old or older and at least the age of Digital Consent in Your country. If you are younger than the required age, but 13 or older, You need parental consent to use Gluo.
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You are not a minor in the jurisdiction in which You reside, or if a minor, You have received parental permission to use this Service.
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You will not create or own more than 5 accounts.
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You will not access this Application through automated or non-human means, whether through a bot, script, or other automated processes.
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You will not use our Service for any illegal or unauthorized purpose; and Your use of this Service will not violate any applicable law or regulation.
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You will not harrass, bully or abuse any of our Users.
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You will not collect, upload, transmit, display or distribute any content that goes in against our Content Policy.
User content
Content provided by You or other Users. "User Content" means any and all information and content that any User or You, submits to this Service. You are exclusively responsible for Your User Content. You bear all risks associated with use of Your User Content. You hereby certify that Your User Content does not violate our Content Policy. Because You alone are responsible for Your User Content, You may expose Yourself to liability.
Usage rights to Your User Content. By posting to Our Application you grant Our Application the permission to distribute, and publicly display your uploaded content if You do decide to not post privately. You acknowledge that when You post anything to the Application You are aware that other Users from around the globe can come in touch with Your content. We cannot be held responsible for what other Users do with your uploaded content, unless they use it to break anything else mentioned in these Terms of Service.
Usage right to other Users their Content. You will not redistribute, download or sell anything You find on the Application unless given permission for by the User owning the piece of content.
Feedback and suggestion utilasation and rights. If You provide the Company with any feedback or suggestions regarding Our Services, You hereby assign the Company all rights to Use such Feedback. You agree that the Company has the rights to use and potentionally monitize such Feedback and related information in any manner it believes appropriate.
Content Policy
The following terms constitute our "Content Policy". You agree to not use this Service to collect, upload, transmit, display or distribute any content that may go against the following terms:
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Content that violates any third-party right or any intellectual property or proprietary right.
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Content that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic or obscene.
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Content patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or that is harmful to minors in any way.
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Content that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
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Content that contains, redirects to or approves software intended to damage or alter a computer system or data.
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Content that contains junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages.
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Content that contains promotional or advertising material that do not follow the Advertising Policy
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Content that contains or requests information or data regarding other Users without their consent.
We reserve the right to review any User Content if public and private User Content if reported. We resereve the right to investigate and/or take appropriate action against You in our sole discretion if You violate this Content Policy or any other provision of these Terms or otherwise create liability for Us or any other person. Such action may include removing or modifying Your User Content, terminating Your Account, and/or reporting You to law enforcement authorities.
Advertising Policy
The following terms constitute our "Advertising Policy". You agree to not use this Service to upload, transmit, display or distribute any advertising or promotional materials that may go against the following terms:
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Advertisements that promote anything that may go against the previously mentioned Content Policy.
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Advertisements that don't contain any information. You are required to put some information as to what You are promoting or advertising.
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Unpaid advertisements will not mention or claim to be approved or accepted by Us or anyone related to the Company. Your advertisement will at all times be Yours and You will make sure that other Users know this.
We reserve the right to review any User Content if public and private User Content if reported. We resereve the right to investigate and/or take appropriate action against You in our sole discretion if You violate this Advertising Policy or any other provision of these Terms or otherwise create liability for Us or any other person. Such action may include removing or modifying Your User Content, terminating Your Account, and/or reporting You to law enforcement authorities.
Third-Party Links and Advertisements
The Application may contain links to third-party websites and Services, and/or display advertisements for third-parties. When correctly used such Third-Party Links and Advertisements will follow Our Advertising Policy. You use all Third-Party Links and Advertisements at Your own risk, and should apply a suitable level of caution and discretion in doing so when the Third-Party Links and Advertisements are not directly provided by us. When You click on any of the Third-Party Links and Advertisements, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices.
We cannot be held responsible for activities on other platforms. Each site You visit from our Service is solely responsible for any and all of its own User Content. Because we do not control User Content for other companies, You acknowledge and agree that we are not responsible for any User Content, whether provided by You or by others. You agree that We will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between You and any other site or site user, we are under no obligation to become involved.
Cookies
Cookies; like many other websites, this Service makes use of 'cookies'. These cookies are used to store essentional information including but not limited to session-IDs, security requirements and temporary stored items such as content informational and content identifiable information. We don't store personal information or use 'cookies' to profile You as a mean to sell User Data. The items stored in your 'cookies' are essentional and required for the Application to operate as it should.
Liability
To the maximum extent permitted by law, in no event shall this Company or our suppliers be liable to You or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these Terms or Your use of, or incapability to use the Application even if the Company has been advised of the possibility of such damages. Access to and use of the site is at Your own discretion and risk, and You will be solely responsible for any damage to Your Device or computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to You for any damages arising from or related to this agreement, will at all times be limited to a maximum of fifty U.S. dollars (u.s. $50). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to You.
Account Termination. Subject to this Section, these Terms will remain in full force and effect while You use the Site. We may suspend or terminate Your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of Your rights under these Terms, Your Account and right to access and use the Site will terminate immediately. You understand that any termination of Your Account may involve deletion of Your User Content associated with Your Account from our live databases. We will not have any liability whatsoever to You for any termination of Your rights under these Terms.
Copyright Policy
This Service respects the intellectual property of others and asks that the users (You) of this Service do the same. In connection with the Service, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing Materials and for the termination of users of our online Site who are repeated infringers of intellectual property rights, including copyrights. If You believe that one of our users is, through the use of the Service, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
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Your physical or electronic signature.
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Identification of the copyrighted work(s) that You claim to have been infringed.
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Identification of the material on our Services that You claim is infringing and that You request us to remove; sufficient information to permit us to locate such material.
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Your address, telephone number, and e-mail address.
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A statement that You have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law.
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A statement that the information in the notification is accurate, and under penalty of perjury, that You are either the owner of the copyright that has allegedly been infringed or that You are authorized to act on behalf of the copyright owner.
General
You agree to indemnify and hold Company and its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third-party due to or arising out of (a) Your use of the Site, (b) Your violation of these Terms, (c) Your violation of applicable laws or regulations or (d) Your User Content. Company reserves the right to assume the exclusive defense and control of any matter for which You are required to indemnify us, and You agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.
You hereby release and forever discharge the Company and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site.
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify You by sending an email and a notification on the Application. Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of any notice. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate Your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of Your contract with the Service and affects Your rights.
Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms or the use of any product or Service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to You and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: Belgium Antwerpen, more address will be coming here. After the Notice is received, You and the Company may attempt to resolve the claim or dispute informally. If You and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association, an established alternative dispute resolution provider that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of Your residence, unless You reside outside of the United States, and unless the parties agree otherwise. If You reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants You an award that is greater than the last settlement offer that the Company made to You prior to the initiation of arbitration, the Company will pay You the greater of the award or $2,500.00. Each party shall bear its own costs and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits. If You or the Company pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations and within any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities of You and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon You and the Company.
Waiver of Jury Trial. The parties hereby waive their constitutional and statutory rights to to to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less expensive than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between You and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, You and the Company waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
Confidentiality. All aspects of the arbitration proceeding shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Survival of Agreement. This Arbitration Agreement will survive the termination of Your relationship with Company.
Small Claims Court. Nonetheless the foregoing, either You or the Company may bring an individual action in small claims court.
Emergency Equitable Relief. Anyhow the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Netherlands County, California, for such purposes.
Electronic Communications. The communications between You and Company use electronic means, whether You use the Site or send us emails, or whether Company posts notices on the Site or communicates with You via email. For contractual purposes, You (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to You electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.
Your Privacy. Please read our Privacy Policy.
Entire Terms. These Terms constitute the entire agreement between You and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and Your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by You without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
Disclaimers
The site is provided on an "as-is" and "as available" basis, and Company and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make not guarantee that the site will meet Your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to You.
Copyright/Trademark Information. Copyright ©. All rights reserved. All trademarks, logos and Service marks displayed on the Site are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.