Last Updated: May 16, 2022
These Terms govern your access to and use of the content and services we provide through or for glowiyLoo.com (collectively, “Content” or “Services”). Please read these Terms carefully before accessing or using our Services or Content. By accessing or using any part of our Services or Content, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish via the Services or Content from time to time (collectively, the “Agreement”). You also agree that we may automatically change, update, or add on to our Services or Content, and this Agreement will apply to any changes.
1. Who’s Who
glowiyLoo or glowiyLoo.com can be named as “We'' or “Us” later on. “You” means any individual or entity using our Services or Content. If you use our Services on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using our Services you're accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us. Please see below to determine which entity your Agreement is with, which depends on where you reside and which Services you use. We use the term “Designated Countries” to refer to Australia, Canada, Japan, Mexico, New Zealand, Russia, and all countries located in Europe (including the UK and ROI).
2. Content
The contents of the Services, such as text and information obtained from glowiyLoo, and other material contained on the website, apps, newsletter, and products (“Content”) are for informational purposes only. The Content and Services are not intended to be a substitute for professional treatment, diagnosis or medical advice. Please consult your physician or health care provider with any questions you may have regarding a medical condition mentioned on this site. The Content and Services may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Content or Services.
The Contents and Services are intended solely for personal, non-commercial use by the users of the Services and may not be used except as permitted in these Terms of Use. You may share the Content via email through the use of the “Share” link. You may download or copy the Content and other downloadable materials displayed on the Services for your personal use. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading, sharing, or copying. Except as noted above, you may not reproduce, republish, publish, upload, post, transmit, distribute (including by email), publicly display, modify from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, the Services, or any related software without the prior written consent of glowiyLoo or the owner of specific material. Nothing contained on the Content or Services grants or should be construed as granting any license or right to use, implied or otherwise, any trademarks, trade names, service marks, trade dress, or copyrighted or other proprietary material displayed on these Contend and Services without the prior written consent of glowiyLoo or the owner of specific material. Third-party trade names, product names, and logos contained in these Websites may be the trademarks or registered trademarks of their respective owners.
The information presented on or through the Content and Services is made available solely for general information purposes. We may update the Content, but it is not necessarily complete or up to date. Any of the material on the Services may be out of date at any day or time, and We are under no obligation to update that material.
3. Minimum Age Requirements
Our Services and Content are not directed to children. You’re not allowed to access or use our Services or Content if you’re under the age of 13 (or 16 in Europe). If you register as a user or otherwise use our Services or Content, you represent that you’re at least 13 (or 16 in Europe). You may use our Services or Content only if you can legally form a binding contract with us. In other words, if you’re under 18 years of age (or the legal age of majority where you live), you can only use our Services under the supervision of a parent or legal guardian who agrees to the Agreement.
4. Responsibility of Visitors and Users
We haven’t reviewed, and can’t review, all of the content (like text, photo, video, audio, code, computer software, items for sale, and other materials) posted to or made available through our Services by users or anyone else (“Content”) or on websites that link to, or are linked from, our Services. We’re not responsible for any use or effects of Content or third-party websites. So, for example:
We don’t have any control over third-party websites.
A link to or from one of our Services does not represent or imply that we endorse any third-party website.
We don’t endorse any Content or represent that Content is accurate, useful, or not harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.
You’re fully responsible for the Content available on your website, and any harm resulting from that Content. It’s your responsibility to ensure that your website’s Content abides by applicable laws and by the Agreement.
We aren’t responsible for any harm resulting from anyone’s access, use, purchase, or downloading of Content, or for any harm resulting from third-party websites. You’re responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
Any Content that’s for sale through any of our Services is the seller’s sole responsibility, so you must look solely to the seller for any damages that result from your purchase or use of Content.
We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.
Please note that additional third-party terms and conditions may apply to Content you download, copy, purchase, or use.
5. Feedback
We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we're free to use them without any restriction or compensation to you.
6. General Representation and Warranty
Our mission is to make the web a better place. We encourage you to express yourself freely, subject to a few requirements. In particular, you represent and warrant that your use of our Services:
Will be in strict accordance with the Agreement;
Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);
Will not be for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
Will not infringe or misappropriate the intellectual property rights of Automattic or any third party;
Will not overburden or interfere with our systems or impose an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion;
Will not disclose the personal information of others;
Will not interfere with, disrupt, or attack any service or network;
Will not be used to create, distribute, or enable material that is, facilitates, or operates in conjunction with, malware, spyware, adware, or other malicious programs or code;
Will not involve reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the Services or any related technology that is not open source; and
Will not involve renting, leasing, loaning, selling, or reselling the Services or related data without our consent in writing.
7. Copyright Infringement and DMCA Policy
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe any Content violates your copyright, please see our Digital Millennium Copyright Act (“DMCA”) Policy and send us a notice.
8. Intellectual Property
The Agreement doesn’t transfer any glowiyLoo or third-party intellectual property to you, and all right, title, and interest in and to such property remains (as between glowiyLoo and you) solely with glowiyLoo. glowiyLoo.com, glowiyLoo and other trademarks, service marks, graphics, and logos used in connection with our websites or Services are trademarks or registered trademarks of glowiyLoo (or glowiyLoo’s licensors). Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Using our Services doesn’t grant you any right or license to reproduce or otherwise use any glowiyLoo or third-party trademarks.
9. Third-Party Services
While using the Services, you may enable, use or purchase products provided or manufactured by a third party or yourself (“Third-Party Services”).
If you use any Third-Party Services, you understand that:
Third-Party Services aren’t vetted, endorsed, or controlled by glowiyLoo.
Any use of a Third-Party Service is at your own risk, and we won’t be responsible or liable to anyone for Third-Party Services.
Your use is solely between you and the respective third party (“Third Party”) and is governed by the Third Party’s terms and policies.
Some Third-Party Services may request or require access to your data — or to your visitors’ or customers’ data — through things like pixels or cookies. If you use the Third-Party Service or grant them access, the data will be handled in accordance with the Third Party’s privacy policy and practices, which you should carefully review before you use any Third-Party Services. Third-Party Services may not work appropriately with our Services and we may not be able to provide support for issues caused by any Third-Party Services.
If you have questions or concerns about how a Third-Party Service operates or need support, contact the Third Party directly.
In rare cases we may at our discretion, suspend, disable, or remove Third-Party Services from the website.
10. Changes
We may update, change, or discontinue any aspect of our Services at any time. Since we’re constantly updating our Services, we sometimes have to change the legal terms under which they’re offered. The Agreement may only be modified by a written amendment signed by an authorized executive of glowiyLoo, or if glowiyLoo posts a revised version. We’ll let you know when there are changes: we’ll post them here and update the “Last Updated” date, and we may also post on one of our blog. Your continued use of our Services after the new terms take effect will be subject to the new terms, so if you disagree with the changes in the new terms, you should stop using our Services.
11. Termination
We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) reclaim your username or website’s URL due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any the Agreement or any glowiyLoo policy, or is in any way harmful or objectionable, (iii) ask you to make adjustments, restrict the resources your website uses, or terminate your access to the Services, if we believe your website’s storage or bandwidth usage burdens our systems (which is rare and typically only occurs when a website is used for file sharing or storage), or (iv) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any fees previously paid. You can stop using our Services at any time, or, if you use a Paid Service, you can cancel at any time, subject to the Fees, Payment, and Renewal section of these Terms.
12. Disclaimers
Our Services are provided “as is.” Automattic and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Automattic, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
13. Jurisdiction and Applicable Law
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services that are not otherwise subject to arbitration (as indicated below) will be the state and federal courts located in Los Angeles County, California.
14. Arbitration Agreement
In the event of any dispute, claim, question, or disagreement arising from or relating to this Agreement or the breach thereof, the parties shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. All claims or controversies arising out of or relating to this Agreement, or to the Services hereunder, including discrimination on the basis of race, sex, sexual orientation, age, national origin, ancestry, color, religion, marital status, status as a veteran of the Vietnam era, physical or mental disability, medical condition, or any other basis prohibited by law, shall be settled exclusively by final and binding arbitration in accordance with the Rules of the American Arbitration Association. This includes all claims whether arising in tort or contract and whether arising under statute or common law. Arbitration shall be conducted before an arbitrator who is a member of the National Academy of Arbitrators and selected from the American Arbitration Association’s Labor Panel. The arbitrator shall have exclusive jurisdiction to determine the arbitrability of any claim. The arbitrator shall not have the right to add to, subtract from, or modify any of the terms of this Agreement, nor shall the arbitrator have the power to determine any matter reserved to glowiyLoo.com discretion hereunder.
The arbitration shall take place in Los Angeles, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees. Only the arbitrator, not a judge or jury, will decide that dispute.
15. Limitation of Liability
In no event will glowiyLoo, or its suppliers, partners, or licensors, be liable (including for any third-party products or services purchased or used through our Services) with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to glowiyLoo under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. glowiyLoo shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
16. Indemnification
You agree to indemnify and hold harmless glowiyLoo, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, Content that you post, and any ecommerce activities conducted through website.
17. Translation
These Terms were originally written in English (US). We may translate these terms into other languages, and in the event of a conflict between a translated version of these Terms and the English version, the English version will control.
18. Miscellaneous
The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between glowiyLoo and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Automattic may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.
This Terms of Use have been partially adapted from https://automattic.com
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