Welcome to GlimpzIt! GlimpzIt offers GlimpzIt customers ("Customers") an opportunity to ask questions, prompt users, or start conversations ("Conversations") and share opinions with other GlimpzIt users (both individuals and entities) who want to develop new products and services, improve existing offerings, acquire marketing content or just simply want to learn from the valuable experiences and input of others.
We also want to make your busy life easier. That's why, in addition to creating a great service that saves you money, we have translated our Terms of Service into plain English so you can save time and quickly understand what you are signing up for.
These Terms of Service (as it may be amended from time to time, this "Agreement") is a legal agreement between you ("you," "your") and SocialGlimpz, Inc. ("GlimpzIt," "we," "our" or "us") that you accept by your use of the Site (as defined below), our mobile applications, our proprietary Platform and related services (collectively, the "Service"). GlimpzIt provides the Services to you through our website located at www.GlimpzIt.com (together with any related websites that are developed by GlimpzIt, the "Site"), our mobile applications, our proprietary platform and related services, subject to the terms and conditions of this Agreement.
We reserve the right, at our sole discretion, to change or modify portions of this Agreement at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date this Agreement was last revised. You may read a current, effective copy of this Agreement at any time by selecting the "Terms of Service" link on the Site. We will also notify you of any material changes either through a pop-up notice, e-mail or through other reasonable means. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revision to which you are bound. If you do not agree to abide by this or any future Terms of Service, do not use or access (or continue to use or access), browse or use the Service.
Your Registration Obligations:
Member Account, Password and Security:
You are solely responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify GlimpzIt of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. GlimpzIt will not be liable for any loss or damage arising from your failure to comply with this Section or for that manner any provision of this Agreement.
By using the Service, you agree to comply with any applicable laws, regulations or policies relating to product endorsement, if applicable, including without limitation the FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising (located here: http://www.ftc.gov/os/2009/10/091005revisedendorsementguides.pdf). By using the Service, you agree that you have read and will comply with such guidelines, if applicable.
GlimpzIt does not offer, manufacture or provide the Customer products or services. GlimpzIt is not responsible in any way for any such products or services connected with the Customers and/or the Conversations.
Modifications to Service:
GlimpzIt reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that GlimpzIt will not be liable to you or to any third party for any modification, suspension or discontinuation of the Service.
General Practices Regarding Use and Storage:
You acknowledge that GlimpzIt may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that Conversations, data or other content will be retained by the Service and the maximum storage space that will be allotted on GlimpzIt's servers on your behalf. GlimpzIt may delete any User Content (as defined below), including any responses to Conversations, at any time and for any reason in its sole discretion. You agree that GlimpzIt has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Service. You acknowledge that GlimpzIt reserves the right to terminate accounts that violate the terms of this Agreement or are inactive for an extended period of time. You further acknowledge that GlimpzIt reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
The Service may include certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the "Mobile Services"). To the extent you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding the Service by text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
Conditions of Use
You are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("content") that you submit, upload, post, publish or display (hereinafter, "post") or email or otherwise transmit or use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by GlimpzIt. GlimpzIt reserves the right to investigate and take appropriate legal action against anyone who, in GlimpzIt's sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your internal business use and may not be used for direct commercial endeavors.
Special Notice for International Use; Export Controls:
Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
User Content Submitted or Posted to the Service
You are solely responsible for the content and other materials you submit or post on or through the Service or the Site or transmit to or share with other users or recipients, including, without limitation, responses to Conversations (collectively, "User Content"). You will not submit or post any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By submitting or posting any User Content you hereby grant and will grant GlimpzIt, any applicable Customer and its and their affiliated companies, a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, publicly display, transmit, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service, the promotion, advertising, or marketing thereof and marketing and research analysis by GlimpzIt and Customers, or the Customer products or services, and for social purposes, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site, the Service, the Conversations or any Customer product ("Submissions"), provided by you to GlimpzIt are non-confidential and GlimpzIt and the Customers will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that GlimpzIt and/or the Service may delete User Content or prevent User Content from being shared in connection with the Service. You acknowledge that once you have uploaded or otherwise provided User Content to the Service, you may not request that such User Content be deleted or removed.
You acknowledge and agree that GlimpzIt may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce this Agreement; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of GlimpzIt, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree that you are solely responsible for your interactions with any other user in connection with the Service and GlimpzIt will have no liability or responsibility with respect thereto. GlimpzIt reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
You agree that GlimpzIt, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for no reason or any reason, including, without limitation, for lack of use or if GlimpzIt believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. GlimpzIt may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that GlimpzIt may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that GlimpzIt will not be liable to you or any third party for any termination of your access to the Service.
Intellectual Property Rights
Service Content, Software and Trademarks:
You acknowledge and agree that the Service may contain content ("Service Content") that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by GlimpzIt, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. All technology, intellectual property and software underlying the Service or distributed in connection therewith (such as mobile applications) is the property of GlimpzIt, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by GlimpzIt.
The GLIMPZIT name and logo are trademarks and service marks of GlimpzIt (collectively the "GlimpzIt Trademarks"). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not be GlimpzIt or be affiliated with or connected to GlimpzIt. Nothing in this Agreement or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of GlimpzIt Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of GlimpzIt Trademarks will inure to our exclusive benefit.
Third Party Material:
Under no circumstances will GlimpzIt be liable in any way for any content posted by you, any user, third parties or at the direction of such users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any Conversations, content or endorsements posted, emailed or otherwise transmitted via the Service. You acknowledge that GlimpzIt does not pre-screen content, but that GlimpzIt and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. As a result, GlimpzIt makes no representations about the accuracy, reliability, completeness or timeliness of any User Content. Without limiting the foregoing, GlimpzIt and its designees will have the right to remove any content that violates this Agreement or is deemed by GlimpzIt, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
GlimpzIt respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify GlimpzIt of your infringement claim in accordance with the procedure set forth below.
GlimpzIt will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to GlimpzIt's Copyright Agent at info@GlimpzIt.com (Subject line: "DMCA Takedown Request"). You may also contact us by mail or facsimile at:
To be effective, the notification must be in writing and contain the following information:
If you believe that your User Content that was removed (or to which access was disabled) in connection with a DMCA Takedown Request is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to submit and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received by the Copyright Agent, GlimpzIt will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy:
In accordance with the DMCA and applicable law, GlimpzIt has adopted a policy of terminating, in appropriate circumstances and at GlimpzIt's sole discretion, users who are deemed to be repeat infringers. GlimpzIt may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. GlimpzIt has no control over such sites and resources and GlimpzIt is not responsible for and does not endorse in any way such sites and resources. You further acknowledge and agree that GlimpzIt will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that GlimpzIt is not liable for any loss or claim that you may have against any such third party.
Third Party Services
In addition, GlimpzIt is not responsible for the accuracy, availability or reliability of any products, information, content, goods, data, opinions, advice or statements made available in connection with third party services and/or posted by GlimpzIt users. As such, GlimpzIt is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party service. GlimpzIt enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation by GlimpzIt.
Indemnity and Release
You agree to release, indemnify and hold GlimpzIt and its affiliates and their officers, employees, directors, shareholders/owners and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of this Agreement or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GLIMPZIT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
GLIMPZIT MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL ENDORSED BY OTHERS OR PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liabilities
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GLIMPZIT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GLIMPZIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL GLIMPZIT'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Most customer concerns can be resolved quickly and to the customer's satisfaction by emailing customer support at info@GlimpzIt.com. In the unlikely event that our customer care team is unable to resolve a complaint you may have (or if GlimpzIt has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration, mediation, or small claims court instead of in courts of general jurisdiction. Arbitration, which is often cheaper, faster and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award. Also, in any arbitration under this arbitration provision in which you seek less than $25,000 in damages, GlimpzIt will pay reasonable attorneys' fees should you prevail. GlimpzIt will not seek attorneys' fees from you. However, if you initiate an arbitration in which you seek more than $25,000 in damages, the payment of attorneys' fees will be governed by the AAA Rules (as defined below). Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.
GlimpzIt and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
References to "GlimpzIt", "you", and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or devices under this or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and GlimpzIt are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in the interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to GlimpzIt should be addressed to SocialGlimpz, Inc., 33 Longview Court, San Francisco, CA 94131 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If GlimpzIt and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or GlimpzIt may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by GlimpzIt or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or GlimpzIt is entitled.
The arbitration will be governed by the Commercial Arbitration Rules, Expedited Procedures, and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of the arbitration provision. Unless GlimpzIt and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. GlimpzIt will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the AAA Rules. However, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.
The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND GLIMPZIT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and GlimpzIt agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Notwithstanding any provision in this Agreement to the contrary, we agree that if GlimpzIt makes any future change to this arbitration provision (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Questions? Concerns? Suggestions?
Please contact us at info@GlimpzIt.com to report any violations of this Agreement or to pose any questions regarding this Agreement or the Service.
Date of Last Revision: June 25, 2015