Gloria Terms of Service
Last Updated November 20, 2017
IF THE INDIVIDUAL ENTERING INTO THIS AGREEMENT IS DOING SO ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, SUCH INDIVIDUAL REPRESENTS THAT HE OR SHE HAS THE REQUISITE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH SUCH ENTITY’S ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH GLORIA IS LIMITED TO BEING A SERVICE USER, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF GLORIA FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF GLORIA.
Through our App, we offer you a "Digital Wardrobe," through which we photograph your Wardrobe, organize it in an online directory and make the photographs of your wardrobe available to you for viewing on our App so that you can easily identify and access your wardrobe and from it style outfits.
1. Use of the Services.
Who Can Use the Services?
You may use the Services only if you can form a legally binding contract with Gloria, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. By registering to use the Services (including by downloading or using the App), you represent and warrant that you are 18 years of age or older; if not, then you are prohibited from using any of our Services and you should not use the Services. The Services are not available to any Users previously removed from the Services by Gloria.
In order to use the Services, you will need to create an account which includes a unique username and a password. You are solely responsible for maintaining the security of your user account, and for all activities that occur under the account and any other actions taken in connection with your account. You agree to notify us immediately of any unauthorized use of your password and/or account, or any other breaches of security of which you become aware. We will not be responsible for any losses, liabilities or damages arising out of any unauthorized use of your computer, mobile device, or other computing device and/or account.
Compliance With Laws.
You represent and warrant to us that:
you have the authority to bind yourself (or any organization or other entity on whose behalf you purport to act) to these Terms;
your use of the Services will be solely for purposes that are permitted by these Terms;
your use of the Services will not infringe or misappropriate the Intellectual Property Rights (as defined below) of any third party; and
your use of the Services will comply with all applicable laws, rules, and regulations, and with all of our policies.
2. Online Services.
Subject to your compliance with these Terms, including without limitation, payment of all fees under your account, Gloria shall photograph your Wardrobe, and display the Photos to you under your Gloria account.
Some areas of the Site and App may allow Users to provide or upload content such as profile information, photos of wardrobe, descriptions of wardrobe, personal notes, comments, questions, and other content or information (collectively, “User Content”). You are solely responsible for the content of, and any harm resulting from, any User Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that content. Any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. We are not responsible for any public display or misuse of your User Content.
You may not, and agree not to, post User Content that: may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; may create a risk of any other loss or damage to any person or property; seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; may constitute or contribute to a crime or tort; contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; contains any information or content that is illegal or violates or infringes a third party’s Intellectual Property Rights (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
Gloria believes, in its sole discretion, violates these provisions.
For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, rights of privacy, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
Representations and Warranties in Connection With Your User Content.
In connection with your User Content, you represent, warrant and covenant to Gloria as follows:
You have the right to post all User Content you submit, and have fully complied with any third-party licenses relating to User Content;
You have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Site and these Terms, and each such person has released you from any liability that may arise in relation to such use;
Your User Content and Gloria’s use thereof as contemplated by these Terms and the Services will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights;
Gloria may exercise the rights to your User Content granted under these Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise; and
To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
Gloria takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Site. You shall be solely responsible for your User Content and the consequences of posting or publishing it. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Gloria shall not be liable for any damages you allege to incur as a result of User Content.
User Content License Grant.
By posting any User Content in the App, you hereby grant, and you represent and warrant that you have all rights necessary to grant, and do hereby grant, to Gloria and its successors a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, adapt, distribute, syndicate, publicly perform, publicly display, make derivative works of and otherwise exploit all such User Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services and Gloria’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Site and Services (and derivative works thereof) in any media formats and through any media channels. You also agree that Gloria has the right to elect not to accept, post, store, display, publish or transmit any User Content in our sole discretion.
You agree that these rights and licenses include a right for Gloria to make such User Content available to, and pass these rights along to, others with whom Gloria has contractual relationships related to the provision of the Services, solely for the purpose of providing such services, and to otherwise permit access to or disclose your User Content to third parties if we determine such access is necessary to comply with our legal obligations.
If you elect to use any third-party service or application that is integrated with our Online Service, you also agree that the licenses granted to Gloria in the preceding paragraph shall apply to User Content that is submitted or uploaded through such third-party service or application. We do not assume any responsibility for, or liability on account of, the actions or omissions of such third-party applications or service providers. Third-party applications (and the policies, terms and rules applicable thereto) may be modified, suspended or terminated at any time. Gloria shall have no liability with respect to any such modification, suspension or termination. You are responsible for ensuring that your use of the Services in connection with any third-party application complies with all agreements, policies, terms and rules applicable to such third-party application.
3. Code of Conduct.
You may not, and agree not to, use the Online Service to transmit any content (including text, software, images, or other information) that:
is unlawful or promotes unlawful activities;
defames, harasses, abuses, threatens, or incites violence towards any individual or group;
is pornographic, discriminatory, or otherwise victimizes or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
is spam, is machine- or randomly-generated, constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
contains or installs any viruses, worms, malware, Trojan horses, or other content that is designed to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of Gloria or any third party;
infringes any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights;
impersonates any person or entity, including any of our employees or representatives; or
violates the privacy of any third party.
In addition, you may not, and agree not to:
use any data mining, scraping, crawling, or similar data gathering methods to access or obtain information through any means that Gloria has not purposely made available through the Services; attempt to gain unauthorized access to any data or feature of the Services, or any other systems or networks connected to the Services or to any Gloria server;
probe, scan or test the vulnerability of the Services or any network connected to the Services;
copy, distribute, or disclose any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”;
attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services;
take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure;
upload viruses, worms, or other software agents through the Services;
collect or harvest any personally identifiable information, including account names, from the Services;
use the Services for any commercial solicitation purposes;
impersonate another person or otherwise misrepresent your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; or
bypass the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.
You acknowledge and agree that any liability, loss or damage that occurs as a result of any User interactions that you input or receive through your use of the Services is solely your responsibility. At our discretion, we, or technology we employ, may monitor and/or record your interactions with the Services.
4. Gloria’s Rights in Connection with the Service.
While you own the User Content you upload or submit using our Online Service (subject to third-party rights), you acknowledge and agree that Gloria (or our licensors) own all right, title and interest in and to the Services, including, without limitation, all software comprising a part of the Services that is hosted on our servers and all software deployed by you or a third party to enable you to use the Services (the “Software”).
Intellectual Property Rights.
In agreeing to these Terms, you also agree that the Services and Software, including all Intellectual Property Rights therein, are protected by one or more of copyright, trademark, patent, trade secret and other laws, regulations and treaties, in addition to these Terms. In particular, you agree to not modify, create derivative works of, decompile, reverse engineer or otherwise attempt to extract source code from any Software, unless (and only to the extent) you are expressly permitted to do so under applicable law or an applicable open source license or we give you express written permission to do so.
Right to Modify the Service.
We retain the right, in our sole discretion, to implement new elements as part of and/or ancillary to the Services and any Software, including changes that may affect the previous mode of operation of the Services. We expect that any such modifications will enhance the overall Services, but it is possible that you may not agree with us, and we shall have no liability in relation thereto. We also reserve the right to establish limits to the nature or size of storage available to you, the number of transmissions and messages, the nature or size of any index or library information, the nature of, or your continued ability to access or distribute, your User Content and other data, and impose other limitations at any time, with or without notice.
You also acknowledge that a variety of Gloria actions may impair or prevent you from accessing your User Content or using the Services at certain times and/or in the same way, for limited periods or permanently, and agree that Gloria has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Gloria Content or User Content. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Services.
Right to Engage Third Parties.
Right to Use Third-Party Software.
Gloria may from time to time include as part of the Services computer software supplied by third parties, which is utilized by permission of the respective licensors and/or copyright holders on the terms provided by such parties. Gloria expressly disclaims any warranty or other assurance to you regarding such third-party software.
5. Pricing and Changes.
By using the Services or other paid services or products that Gloria may provide from time to time, you agree to our pricing and payment terms, as we may update them from time to time. Gloria may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in these Terms.
By agreeing to these Terms, you are giving us (or a third-party payment processor working on our behalf) permission to charge your on-file credit card, debit card, or other approved methods of payment for fees that you owe Gloria. Depending on the transaction, we may charge you on a one-time or automatically, on a recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Site or Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Gloria at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
Unless otherwise specified upon enrollment, for recurring charges, your payment method will be authorized for up to a month for the applicable Services account type and on a monthly basis thereafter until you cancel your account in accordance with this Section 8. You represent and warrant that you have all necessary rights relating to the provided payment instrument to authorize Gloria to make such charges. Your use of the Services may be suspended if we are unable to charge such payment instrument for any reason or if your account is otherwise past due. The fees applicable to your account may be subject to modification from time to time pursuant to notice (which may be given via e-mail) provided by us at least thirty (30) days in advance of the payment date for which the modification would be effective. You may at any time cancel your account as set forth below if you do not agree to any modified fees. All fees must be paid in U.S. dollars (or such other currency(ies) which may be accepted by Company from time to time, as indicated at the time of payment) and are non-refundable.
YOU MAY CANCEL YOUR ACCOUNT AT ANY TIME BY CONTACTING SUPPORT AT HELLO@GOGLORIA.COM.
6. Mobile App.
To use the Mobile App you must have a compatible mobile device. Gloria does not warrant that the Mobile App will be compatible with your mobile device. Gloria hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to use a compiled code copy of the Mobile App for one Gloria account on one mobile device owned or leased solely by you, for your personal use. You may not:
modify, disassemble, decompile or reverse engineer the Mobile App, except to the extent that such restriction is expressly prohibited by law;
rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile App to any third party or use the Mobile App to provide time sharing or similar Sites for any third party;
make any copies of the Mobile App;
remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile App, features that prevent or restrict use or copying of any content accessible through the Mobile App, or features that enforce limitations on use of the Mobile App; or
delete any copyright or other proprietary rights notices on the Mobile App.
You acknowledge that Gloria may from time to time issue updated versions of the Mobile App, and (if supported by and enabled on your applicable mobile device) may automatically electronically update the version of the Mobile App that you are using on your mobile device. These Terms (as they themselves may be updated) apply to all such updates. Any third-party code that may be incorporated in the Mobile App is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile App or any copy thereof, and Gloria (or its licensors) retain all right, title, and interest in the Mobile App (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void. Gloria reserves all rights not expressly granted under these Terms.
Mobile App from iTunes.
If you are using the Mobile App on an Apple, Inc. (“Apple”) iOS device, the foregoing license is further limited to use permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. Any use of the Mobile App other than for private, non-commercial use is strictly prohibited. You hereby acknowledge and agree that Apple: (i) is not a party to this Agreement; (ii) has no obligation whatsoever to furnish any maintenance or support services with respect to the Mobile App; (iii) is not responsible for addressing claims by you or any third party relating to the Mobile App, including any product liability claims, claims under consumer protection laws or claims under any other law, rule or regulation; (iv) has no responsibility to investigate, defend, settle or discharge any claim that the Mobile App or use thereof infringes any third party intellectual property rights; and (v) and its subsidiaries are each a third party beneficiary of these Terms with the right to enforce its terms against you directly.
7. Our Proprietary Rights.
Except for your User Content and User Content belonging to other Users, the Site and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, trademarks, copyrights, photographs (including Belongings Photos), audio, videos, music (“Gloria Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Gloria and its licensors (including other Users who post User Content to the Site). Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Gloria Content or third-party User Content. Use of the Gloria Content for any purpose not expressly permitted by these Terms is strictly prohibited.
You may choose to or we may invite you to submit feedback, comments, suggestions, error identifications, or ideas about the Services, including without limitation about how to improve the Services, or our other services or products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Gloria under any fiduciary or other obligation, and that we are free to exploit the Feedback and related information in any manner we deem appropriate on a worldwide, perpetual basis without any compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Gloria does not waive any rights to use similar or related ideas previously known to Gloria, or developed by its employees, or obtained from sources other than you.
8. Disclaimer of Warranties.
THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GLORIA OR THROUGH THE SITE OR IN CONNECTION WITH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, GLORIA, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SITE OR SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT (INCLUDING GLORIA CONTENT) DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES.
GLORIA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE GLORIA SITE OR STORAGE SERVICES OR ANY WEBSITE OR SERVICE HYPERLINKED TO THE SITE, AND GLORIA WILL NOT BE A PARTY TO OR MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
SOME JURISDICTIONS MAY NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold Gloria and its affiliated companies, and each of their agents, licensors, officers, managers, directors, employees and contractors (collectively, the “Gloria Entities”), harmless from any claims, losses, damages, liabilities, costs and expenses, including reasonable attorney’s fees, (any of the foregoing, a “Claim”) arising out of or relating to your use or misuse of the Services (or the use or misuse of the Services by anyone using your user name and password), violation of these Terms or infringement, misappropriation or violation of the Intellectual Property Rights or other rights of any other person or entity, your Belongings, User Content (or anything else you submit in connection with the Services), Transfer Agreements or use or misuse (including in connection with the Item Transfer Service and the Rental Service) of other Users’ Belongings, provided that the foregoing does not obligate you to the extent the Claim arises out of Gloria’s willful misconduct or gross negligence. Gloria 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. Limitation of Liability.
Exclusive Remedy for Loss or Damage.
By agreeing to these terms, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law that may relate to waiver of unknown claims, including the provision of California Civil Code § 1542 (which provides that, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR”).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE GLORIA ENTITIES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES. UNDER NO CIRCUMSTANCES WILL THE GLORIA ENTITIES BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GLORIA HEREBY DISCLAIMS ANY LIABILITY AND RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES (EXCEPT AS EXPRESSLY PROVIDED IN THE GLORIA SHIELD PROTECTION SERVICE); (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. EXCEPT AS EXPRESSLY PROVIDED IN THE GLORIA SHIELD PROTECTION SERVICE, IN NO EVENT SHALL THE GLORIA ENTITIES BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO GLORIA HEREUNDER IN THE TWELVE (12) MONTHS PRIOR TO THE DATE THE LAST CAUSE OF ACTION AROSE OR $100, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF GLORIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Services are controlled and operated from facilities in the United States. Gloria makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. All materials found on the Services are solely directed to individuals, companies, or other entities located in the United States.
You may terminate these Terms at any time by notifying us of the termination by sending an email to email@example.com. Upon termination of your account for any reason or no reason, you continue to be bound by these Terms with respect to your actions and transactions occurring prior to such termination.
Upon termination of these Terms for any reason all of your rights and licenses to the Online Service shall terminate, effective immediately, and all the unpaid fees shall become due and payable.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without Gloria’s prior, written consent, but may be freely assigned by Gloria without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Changes to the Agreement.
Gloria may make modifications, deletions and/or additions to these Terms (“Changes”) at any time. Changes will be effective: (i) thirty (30) days after we provide notice of the Changes, whether such notice is provided through the Services user interface, is sent to the e-mail address associated with your account or otherwise; or (ii) when you opt-in or otherwise expressly agree to the Changes or a version of these Terms incorporating the Changes, whichever comes first. If you do not agree to any future Terms and have an active subscription to the Services, please notify us within 10 days of the effectiveness of the revised Terms for a prorated refund of the applicable subscription fees.
Entire Agreement; Severability.
This Agreement constitutes the entire agreement between you and Gloria concerning the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect, except that in the event of the unenforceability of the Class Action Waiver, the entire Arbitration Agreement shall be unenforceable.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Gloria’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org