2. Glority may revise this Terms from time to time. Using Website after any revised Terms has been posted will constitute your acceptance of the revised Terms.
3. . The Website is owned and operated by Glority. The content, visual interfaces, information, graphics, design, compilation, computer code, products, software, algorithms, services, and all other elements of the Website that are provided by Glority (“Glority Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. For clarity, Glority Materials do not include any User Content (defined below) or content from third party sites, whether Website provides a link to them or not. All Glority Materials contained on Website are the copyrighted property of Glority or affiliated companies and/or third party licensors. All trademarks, service marks, and trade names are proprietary to Glority or its affiliates and/or third party licensors. Except as expressly authorized by Glority, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, decompile, disassemble, reverse engineer, create derivative works from, or otherwise make unauthorized use of Glority Materials.
4. As a condition of your use of the Website, you will not use Website for any purpose that is unlawful or prohibited by these Terms. Access to Glority Materials and the Website from territories where their contents are illegal is strictly prohibited. Users are responsible for complying with all local rules, laws, regulations and policies, including, without limitation, rules about intellectual property rights, the internet, technology, data, email, and/or privacy.
Any use by User of any of Glority Materials other than for private use is prohibited.
You will not use the Website in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use of the Website. You will not take any action that imposes an unreasonable or disproportionately large load on Glority’s infrastructure. You will not intentionally interfere with or damage the operation of the Website or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code. You will not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Website, features that prevent or restrict the use or copying of any content accessible through the Website, or features that enforce limitations on the use of the Website. You will not attempt to gain unauthorized access to the Website, or any part of it, other accounts, computer systems or networks connected to the Website, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website. You will not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website. You agree neither to modify the Website in any manner or form, nor to use modified versions of the Website, including (without limitation) for the purpose of obtaining unauthorized access to the Website.
Website may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website. You will not utilize framing techniques to enclose any trademark, logo, or other Glority Materials without our express written consent. You will not use any meta tags or any other “hidden text” utilizing Glority’s name or trademarks without our express written consent.
You will not deep-link to the Website and will promptly remove any links that Glority finds objectionable in its sole discretion. You will not use any Glority logos, graphics, or trademarks as part of the link without our express written consent.
You will not send junk mail to other users of the Website, including, but not limited to unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
5. Your Content.
a. Prohibited Content. You shall not use the Website to create, upload, download, copy, publish or propagate any images, sounds, videos, data, text, information or any other materials or content (collectively, “Content”) that: (a) violates any rule, law, regulation or policy; (b) harms national interests, endangers national security or divulges national secrets; (c) incites ethnic or racial discrimination or hatred; (d) undermines the social stability; (e) contains obscenity, sexual connotation, pornography, gambling, violence, murder, or terror; (f) insults or defames others or infringes others’ lawful rights and interests; or (g) contains abusive or threatening information.
b.License to Your Content. You hereby grant Glority a worldwide, non-exclusive, irrevocable, royalty-free, fully-paid, perpetual, sublicensable (through multiple tiers), fully transferable license to use, distribute, reproduce, create derivative works from, publish, translate, publicly perform and publicly display any Content that you upload or publish to the Website (collectively, “Your Content”), in any format or medium now known or later developed for any purpose. Glority can use Your Content in the App and in Glority’s other products or services, and can transfer the license or authorization of using such information and content to its related companies and cooperation partners with no need to obtain your consent again. Glority reserves the right to display advertisements and sponsorships in connection with Your Content.
Glority has the right to remove, at its sole discretion and without notice to you, Your Content if it infringes others’ rights and interests. Glority has the right to suspend or terminate access to the Website to any user who uses the Website in violation of copyright law or other intellectual property law. All liabilities for damage for any claim for rights raised by the said third party shall be assumed by you, not by Glority, and you shall compensate for all losses and damages Glority incurs arising therefrom, including but not limited to economic losses and business losses.
c. Representation and Warranty. You represent, warrant and covenant that at all times: (i) the Your Content does not infringe any third party’s intellectual property, right of reputation, right of name, right of privacy, moral rights and other lawful rights and interests; (ii) you own or have the necessary licenses, rights, consents and permissions for your use of the Your Content in connection with the Website and Glority’s use of the Your Content pursuant to Section 8(b).
6. . Glority uses many techniques to identify you when you register for and/or access, browse, use or subscribe to the Website. This verification is only an indication of increased likelihood that your identity is correct. You authorize Glority, directly or through third parties, to make any inquiries Glority considers necessary to validate your registration.
7. The Website may include links to other websites or services solely as a convenience to users (“Linked Sites”). Glority does not endorse any Linked Sites or the information, material, products or services contained on Linked Sites or accessible through Linked Sites. Furthermore, Glority makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. Access and use of linked sites, including the information, material, products, and services on linked sites or available through linked sites, is solely at your own risk.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website are solely between you and such advertiser. You agree that Glority will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
Glority may make changes to or discontinue any of the content or services available on the Website at any time, and without notice. The content or services on the Website may be out of date, and Glority makes no commitment to update these materials.
8. THIS WEB SITE AND ALL INFORMATION AVAILABLE ON OR ACCESSED THROUGH THIS SITE ARE PROVIDED TO YOU ON AN “AS IS” BASIS. WITHOUT LIMITING ANY OTHER PROVISION OF THIS SECTION AND IN ADDITION TO ALL OTHER PROVISIONS OF THIS SECTION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GLORITY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO WEBSITE. GLORITY MAKES NO WARRANTY THAT WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. GLORITY DOES NOT MAKE ANY WARRANTY OR REPRESENTATION AS TO THE USE OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF WEBSITE. YOU ACKNOWLEDGE THAT WEBSITE MAY BE SUBJECT TO OPERATING ERRORS OR DEFECTS INCLUDING, BUT NOT LIMITED TO LOSS OF DATA, DELAYS, NON-DELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS. NO SUCH EVENT SHALL CONSTITUTE A BREACH OF THIS OR ANY OTHER CONTRACT ON THE PART OF GLORITY, EVEN IF CAUSED BY THE NEGLIGENCE OR GROSS NEGLIGENCE OF GLORITY OR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR SUBCONTRACTORS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
9. You agree to indemnify and hold Glority, and its suppliers and partners, harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Website, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. Glority reserves the right, at our own expense, 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.
10. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL GLORITY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR THE INABILITY TO USE GLORITY MATERIALS ON WEBSITE, WEBSITE ITSELF, OR ANY OTHER INTERACTIONS WITH GLORITY, EVEN IF GLORITY OR A GLORITY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, GLORITY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL GLORITY’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF WEBSITE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED TO YOU BY THIRD PARTIES OTHER THAN GLORITY AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE WEBSITE.
a. For all disputes arising out of or relating in any way to the Website, you must first send a written description of your claim to Glority LLC to allow us an opportunity to resolve the dispute. You and Glority LLC each agree to negotiate your claim in good faith. If we still cannot resolve the dispute you may request arbitration if your claim or dispute cannot be resolved within 60 days. Please read this section carefully. It affects your legal rights. It provides for resolution of disputes through individual arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of the Terms.
b. By using the Website, you agree that the statutes and laws of the United States without regard to conflicts of laws principles, will apply to all matters relating to use of the Website. If we are unable to commence arbitration, you agree that any litigation shall be subject to the exclusive jurisdiction of the state or federal courts in New York, NY and shall be subject to the laws of New York without giving effect to any principles of conflicts of law.
a. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of these Terms shall not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
b. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
c. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Glority without restriction.
d. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
e. These Terms are the entire agreement between you and Glority relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to these Terms made by Glority as set forth in Section 4.
f. YOU AND GLORITY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.