1. Acceptance of Terms
2. Use and Restrictions
The Sites may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older, and who are not barred from using the Sites under applicable laws.
All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the "Marks") that appear on the Sites are owned by Glassybaby or by such Marks' respective owners. You may reference each Mark to identify accurately Glassybaby (or the Mark’s owner, if not Glassybaby) as the Mark’s owner and the source of the goods and/or services that the Mark identifies. You may not otherwise display or reproduce the Marks without securing Glassybaby’s prior written consent, and you may not remove or otherwise modify any trademark notices from any Content. The Marks are protected by trademark, trade dress and various other intellectual property rights and unfair competition laws.
GLASSYBABY, GLASSYBABY ONE OF A KINDNESS, GLOW WITH THE FLOW, SOFT POWER, GOOD NEWS HUES, DOWNRIGHT UPLIFTING, SPLENDOR IN THE GLASS, ILLUMINATING STORIES, GLOW FROM WITHIN, COLORFUL LANGUAGE, and FOR GOODNESS SAKE are trademarks or registered trademarks of Glassybaby. All other Marks are property of their respective owners.
5. Your Account
In order to purchase products or services through the use of the Sites, you must establish an account with Glassybaby. You are solely responsible for: (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the Sites that occur under your account or your account password.
6. Electronic Communications
You consent to receive electronic communications from Glassybaby either in the form of email sent to you at the email address listed on your account or by communications posted on the Sites. You acknowledge and agree that any electronic communication in the form of such email or posting on the Sites shall satisfy any legal requirement that such communication be in writing.
You further agree that you will not upload, post or otherwise make available on the Sites any material protected by copyright, trademark, patent, trade secret or any other intellectual property or proprietary right without the express permission of the owner thereof, and that you bear the burden of determining whether any such material is protected by any such right or owned by any other person or entity. You shall be solely liable for damage resulting from your account, or any infringement of copyrights, trademarks, or other intellectual property, publicity, privacy or proprietary rights, or any other harm resulting from any Submission that you make.
You represent and warrant that: (i) you own all Submissions posted by you on or through the Sites or otherwise have the right to grant the Licenses to Glassybaby set forth in this section; and (ii) your Submission is accurate and not misleading; and (iii) the posting of your Submissions on or through the Sites does not violate the privacy, publicity, intellectual property, contract or any other rights of any person or entity or violate any applicable law, rule, regulation or order. You agree to pay for all royalties, fees, damages and any other monies owing to any person by reason of any Submissions posted by you to or through the Sites. When submitting Submissions to or otherwise using the Sites and/or the services, you agree not to, without limitation:
- use the Sites in a manner that uses technology or other means to access the Sites, or other content that is not authorized by Glassybaby;
- use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of Content, goods or services;
- attempt to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- take any action that imposes or may impose (in Glassybaby’s sole discretion) an unreasonably or disproportionately large load on Glassybaby’s infrastructure;
- attempt to gain unauthorized access to Glassybaby’s computer network or user accounts;
- encourage conduct that would constitute a criminal offense, or that gives rise to civil liability;
- attempt to damage, disable, overburden, or impair Glassybaby’s servers or networks;
- fail to comply with applicable third party terms;
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Use language, images or other content that Glassybaby in its sole discretion deems insensitive, offensive, or otherwise inappropriate or inconsistent with the tone and image that Glassybaby chooses to maintain in connection with its brand, company and Sites;
- Discuss or incite illegal activity;
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);
- Post anything that exploits children or minors or that depicts cruelty to animals;
- Post any copyrighted materials, trademarks, or other intellectual property without the express permission from the owner of such intellectual property;
- Post any person’s name, likeness, voice or biographical information without the express permission from such person (or if that person is a minor, from that person’s parent or legal guardian);
- Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation;
- Use any robot, spider, scraper or other automated means to access the Sites; and
- Alter the opinions, goals, profiles, Content or comments posted by others on the Sites.
This list of prohibitions provides examples and is not complete or exclusive. Glassybaby reserves the right in its sole discretion to: (a) terminate your access to your account; (b) terminate your ability to post to the Sites (or the services); and (c) refuse, delete, modify, edit or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Glassybaby determines is inappropriate or disruptive to the Sites or to any other user of the Sites and/or services, or inconsistent with the tone, image and or message(s) that Glassybaby wished to maintain in connection with its brand, company and Sites. Glassybaby may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Glassybaby's discretion, Glassybaby will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Sites or on the Internet.
Glassybaby takes no responsibility and assumes no liability for any Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Glassybaby is only a forum and is not liable for any statements, representations, or Submissions provided by its users in any public forum or personal home page.
These prohibitions do not require Glassybaby to monitor, police or remove any Submissions or other information submitted by you or any other user.
8. License to Use Your Content and Feedback
In addition, if you provide any request, suggestion, or feedback to us regarding the functionality and performance of the Sites and/or any other product or service made available through the Sites, you hereby assign to Glassybaby all right, title, and interest in and to such request, suggestion, or feedback, and Glassybaby will have the right to use, implement, and modify such request, suggestion, or feedback without any payment or restriction. To the extent any of the foregoing rights cannot be assigned to us, you hereby grant to Glassybaby a perpetual, worldwide, non-exclusive, royalty-free, irrevocable right and license to use, display, reproduce, publish, distribute, archive, modify, integrate and/or translate your request, suggestion, and feedback, in whole or in part, in any media now known or developed in the future. This assignment and license will allow Glassybaby to use your feedback to improve the Sites and/or any other product or service made available through the Sites, and maintain Glassybaby’s ownership and control of the Sites, the products and the services made available through the Sites. If you do not want to assign or license your requests, suggestions, and feedback to Glassybaby as described in this paragraph, DO not provide Glassybaby with any request, suggestion, or feedback.
You represent and warrant that you have all legal, moral and other rights that may be necessary to grant Glassybaby the license described in the preceding paragraph. You agree that you will not make any claims against Glassybaby based on any allegations that any activities or alleged omissions within the Sites, whether or not by or condoned by Glassybaby, infringe any intellectual property rights associated with your content. You acknowledge and agree that Glassybaby has the right (but not obligation), in its sole discretion, to refuse to publish or to remove or block access to any content you submit or provide to the Sites at any time and for any reason, with or without notice.
Any Content offered or posted on the Sites is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, Glassybaby reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through the Sites, at any time and from time to time.
11. Links to Third Party Websites
The Sites may contain links to websites and other resources operated by third parties other than Glassybaby. Such links are provided solely as a convenience to you. Glassybaby does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. The inclusion of links to such websites on the Sites does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.
12. Warranties and Disclaimer
IN ADDITION, THE SITES MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. GLASSYBABY THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GLASSYBABY RESERVES THE RIGHT TO CANCEL OR REFUSE TO ACCEPT ANY ORDER PLACED BASED ON INCORRECT PRICING OR AVAILABILITY INFORMATION. WE APOLOGIZE FOR ANY INCONVENIENCE.
IN ADDITION, IF AN ITEM BECOMES UNAVAILABLE FOR WHATEVER REASON AFTER AN ORDER IS ACCEPTED, GLASSYBABY MAY TERMINATE THE ORDER BY GIVING YOU WRITTEN NOTICE. IN SUCH EVENT, GLASSYBABY WILL CONTACT YOU TO ARRANGE FOR A REFUND OR PROVISION OF CREDIT AGAINST FUTURE PURCHASE. AGAIN, WE APOLOGIZE FOR ANY INCONVENIENCE.
13. Limitation of Liability
GLASSYBABY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITES, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Certain laws do not allow limitations on implied warranties or conditions, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.
14. Copyright and Trademark Infringements
Glassybaby respects the intellectual property rights of others, and we ask you to do the same. Glassybaby may, in appropriate circumstances and at our discretion, terminate service and/or access to the Sites for users who infringe the intellectual property rights of others. Glassybaby will respond to allegations of copyright infringement or other violations in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. §512. The DMCA provides a means for you to notify us concerning alleged copyright infringement. When we receive a valid DMCA notice, we will respond under this process by taking down the allegedly offending content. We will then take reasonable steps to contact its owner so that they may file a counter-notification. If we receive a valid counter-notification, we may restore the original content at issue, unless you notify us that you have filed legal action seeking a court order restraining the alleged infringer from continuing the allegedly infringing conduct.
If you believe that your copyrighted work is being infringed by material that appears on our Sites, please provide Glassybaby’s designated agent (address appears below) the following information that the DMCA requires:
- A description or identification of the copyrighted work that you claim to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
- A description of where the allegedly infringing material is located at Glassybaby’s web site
- Information reasonably sufficient to permit Glassybaby to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- Your statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright trademark owner, its agent, or the law.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Glassybaby’s agent for notice of claims of copyright or trademark infringement on the Sites can be reached as follows:
Attention: Bill Cummings
3406 East Union Street
Seattle, WA 98122
Please also note that for purposes of Section 512(f) of the U.S. Copyright Act, any person who knowingly misrepresents that material or activity is infringing may be subject to liability.
15. Governing Law