Glow for Consumers (Public access)
Last updated: 6 June 2017
1. Basic Terms
You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display may be able to be viewed by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.
We will make every effort to provide your feedback and questions to Glow business users and will protect your identity from them unless you explicitly request that we provide your information as part of your request.
You may use the Services only if you can form a binding contract with Glow and are not a person barred from receiving services under the laws of Australia or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
1.1 Private use
1.2 Single account
You are only permitted to hold, at any one point in time, one Glow account managed through your profile. Glow accounts may not be shared by several persons, and each person is only entitled to a single account.
Breach of this Term will result in, but is not limited to, suspension or deletion of your account(s). If you are found to be in breach of our Terms we reserve the right to no obligation to renew, review or remove any restrictions placed upon your account.
The Services, and nature thereof, that Glow provides are always evolving in form and may change from time to time without prior notice to you. In addition, Glow may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Glow on the Services are subject to change. In consideration for Glow granting you access to and use of the Services, you agree that Glow and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
2. Privacy and Passwords
You are responsible for safeguarding the password that you choose to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords that use a combination of upper and lower case letters, numbers and symbols with your account. Glow cannot and will not be liable for any loss or damage arising from your failure to follow the above recommendations.
3. Content on the Services, and Restrictions on Content
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted by the user via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive, including possible links posted by other users of the Glow platform. under no circumstances will Glow be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services, third parties, or broadcast elsewhere.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Glow’s computer systems, or the technical delivery systems of Glow’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Glow (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate Agreement with Glow (NOTE: scraping the Services without the prior consent of Glow is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
4. Your Rights
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). From time to time business users to our service may request us to publish your feedback, comments and images to their social media accounts including to Facebook, Twitter and LinkedIn, among others. By using Glow you accept that your name will be linked to the data that you provide on our Services. Your name and associated public comments may be visible to other users of our Services (and connected services) when using these features.
You agree that this license includes the right for Glow to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organisations or individuals who partner with Glow for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
Such additional uses by Glow, or other companies, organisations or individuals who partner with Glow, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services other than the rewards offered at the time of Content submission.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Glow will not be responsible or liable for any use of your Content by Glow in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
5. Your License To Use the Services
Glow gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Glow as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Glow, in the manner permitted by these Terms.
6. Glow Rights
All right, title, and interest in and to the Services (excluding Content provided by users) are, and will, remain the exclusive property of Glow and its licensors. The Services are protected by copyright, trademark, and other laws of both Australia and foreign countries. Nothing in the Terms gives you a right to use the Glow name or any of the Glow trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Glow, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
7. Copyright Policy
Glow respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorised to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorised to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Glow will also terminate a user’s account if the user is determined to be a repeat infringer. If you want to let us know about a potential copyright infringement please contact us with as much detail as you can provide via care.glowfeed.com.
8. Fair Usage and Rewards
8.1 Fair Usage
Glow will not tolerate the use of offensive, threatening, illegal or pornographic language, material or comments through its Services. Any users deemed in breach of this Term will be subject to a Fair Usage review process that may result in account restriction, removal and a ban from access to our Services, and your details may be passed to the relevant authorities if deemed appropriate. Please respect the people you connect with using Glow.
Rewards may be offered by Glow, its users, charity partners and rewards partners at any time to you through the Services. When such rewards are made available to you Glow will act as the intermediary for such rewards. From time to time these rewards may require you to access other websites, links and businesses to redeem such rewards. In such cases, you do so entirely at your own risk. Glow accepts no responsibility for the quality, value or terms associated with such rewards. If you receive a reward from a third party as a result of the Services, any questions, concerns or issues you have resulting from the delivery of that reward must be directed to the third party named as the providing party in the reward. If you believe you have been treated unfairly by any third party and have been unable to resolve your issue please contact us via care.glowfeed.com.
Glow offers monthly rewards to entrants who complete market research exercises associated with Glow stickers on consumer products. These rewards change each month, and you will only be eligible for the prize awarded in the month you entered the Glow rewards.
To be eligible to receive the reward you must have purchased the product the market research survey references, and proof of purchase may be required in order to redeem your prize. Furthermore, entrants who have not verified their email will not be eligible to redeem a prize, nor will respondents who enter the competition more than once. There is strictly one entry per month per respondent allowed.
The reward will equal up to, and not exceeding, a total of AUD250 per winning respondent. The dollar value is not guaranteed and the winning respondent in no way requires, or is eligible, for compensation to match this amount if their corresponding prize does not equal the total prize offered. Glow may offer rewards in other currencies where prizes are offered outside of Australia.
Each month, out of all total respondents entered into the Glow Rewards for that month, only two respondents will be selected as recipients of the reward. These respondents will be selected at random during the second week of each month for the previous month’s prize draw period. Winning prize recipients will be notified via the email they provided of their winning entry, and will be required to respond to this email within 14 days of receipt. Failure to respond to this email in the allotted time period will result in a complete forfeit of the reward. The reward will then go to the next randomly drawn respondent and the same process will apply with the same fourteen day time period to respond. Any reward recipient who forfeits their prize by failure to adhere to these terms and conditions will have no grounds to demand any kind of remuneration or compensation.
Glow takes no responsibility for the ability to redeem, or failure to redeem within the stated time period, the reward connected to the third party company providing the product or service. Glow also takes no responsibility for the terms and conditions related to the reward connected to the third party company providing the product or service.
9.Disclaimers and Limitations of Liability
Please read this section carefully since it limits the liability of Glow and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Glow Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions and territories do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. The Services are Available “AS-IS”
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, GLOW DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Glow makes no warranty and disclaims all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Glow or through the Services, will create any warranty not expressly made herein.
B. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GLOW SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, USE, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
10. Ending These Terms
The Terms will continue to apply until terminated by either you or Glow as follows:
You may end your legal Agreement with Glow at any time for any reason by deactivating your accounts and discontinuing your use of the Services. You do not need to specifically inform Glow when you stop using the Services. If you stop using the Services without deactivating your accounts, your accounts may be deactivated due to prolonged inactivity after 12 months of inactivity.
We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 3, 4, 6, 8, 9, 10 and 11.
Nothing in this section shall affect Glow’s rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 1.
11. General Terms
A. Waiver and Severability
The failure of Glow to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
B. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of Victoria, Australia, without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Melbourne, Victoria, Australia, and you consent to the jurisdiction of and venue in such courts and waive any objection to this as an inconvenient forum.
C. Entire Agreement
We may revise these Terms from time to time, the most current version will always be on our website. If the revision, in our sole discretion, is material we will notify you via the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by Glow, which is owned and operated by Engagement Innovation Pty Ltd. If you have any questions about these Terms, please contact us via care.glowfeed.com.
Glow Pro (Business Access)
Last updated: 08 August 2017
1.1 Your Account
If you create or register for an online account with Glow, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to anyone. If you need others to access the same account as you we can arrange for additional users to be added (fees apply). You must immediately notify Glow of any unauthorised use of your account or any other breaches of security. Glow will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
1.2 Responsibility of Users
If you use an account, you are entirely responsible for the content of, and any harm resulting from, that content. That is the case regardless of whether the content in question constitutes text, graphics, an audio file, or computer software. By making content available, you represent and warrant that:
- the downloading, copying and use of the content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the content;
- you have fully complied with any third-party licenses relating to the content, and have done all things necessary to successfully pass through to end users any required terms;
- the content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other accounts and web sites, and similar unsolicited promotional methods;
- your account is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your account’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of content that includes computer code, accurately categorised and/or described the type, nature, uses and effects of the materials, whether requested to do so by Glow or otherwise.
Without limiting any of those representations or warranties, Glow has the right (though not the obligation) to, in Glow’s sole discretion (i) refuse or remove any content that, in Glow’s reasonable opinion, violates any Glow policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Glow system to any individual or entity for any reason, in Glow’s sole discretion. Glow will have no obligation to provide a refund of any amounts previously paid in these circumstances.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card details, your billing address, your shipping information and your location. You represent and warrant that:
- you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that
- the information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, an error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
2.2 General Terms
By selecting a Purchase you agree to pay Glow the fees indicated for that service. Payments will be charged on a pre-pay basis, unless agreed separately, on the day of Purchase and will cover the use of that service as indicated at the point of purchase. Certain Purchases are subject to a minimum subscription period, in each case indicated at the time of Purchase. Purchase fees are not refundable.
2.3 Automatic Renewal of Purchases
Unless you notify Glow before the end of the applicable subscription period that you want to cancel a Purchase, your Purchase will automatically renew and you authorise us to collect the then-applicable annual or monthly subscription fee for such Purchase (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Purchases can be cancelled at any time, however minimum cancellation terms may apply depending on the service Purchased. It is your responsibility to ensure you understand the terms of each service to which you subscribe.
4. Contracting Entity
4.1 Who you are contracting with
Unless otherwise specified in relation to a particular Service, the Services are provided by, and you are contracting with, Glow Australia Operations Pty Ltd;
Glow Australia Operations Pty Ltd. For any Service provided by Glow Australia Operations Pty Ltd, the following provisions will apply to any terms governing that Service:
- Contracting Entity. References to “Glow”, “we”, “us”, and “our” are references to Glow Australia Pty Ltd, located at 675 Victoria Street, Richmond, Victoria, Australia.
- Governing Law. Those terms are governed by the laws of the State of Victoria, Australia (without regard to its conflict of laws provisions).
- Jurisdiction. Except if prohibited by applicable law, each party submits to the exclusive jurisdiction of the state courts located in Melbourne, Victoria, and the federal courts located in Canberra, Australian Capital Territory with respect to the subject matter of those terms.
Glow UK Hub Ltd. For users residing in the UK, the services are provided by Glow UK Ltd. The following provisions will apply to any terms governing that Service:
- Contracting Entity. References to “Glow”, “we”, “us”, and “our” are references to Glow UK Hub Ltd, located at 4 St. George’s Yard, Farnham, Surrey, United Kingdom.
- Governing Law. Those terms are governed by the laws of England and Wales (without regard to its conflicts of laws provisions).
- Jurisdiction. Except if prohibited by applicable law, in relation to any legal action or proceedings to enforce those terms or arising out of or in connection with those terms, each party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales.
4.1 Rewards, Contests, Sweepstakes and Promotions
5. Content Definitions and Use
5.1 Standard User Profiles
Definition: Data relating to an individual or group of individual public users that is volunteered by public users to support user segment analysis and reporting in your Glow Pro account.
This Content is owned exclusively by Glow and is provided to you subject to your adherence to these terms. It is provided to you on an anonymous basis when you request it to be captured from your audience with relation to Survey Content. Glow is under no obligation to provide Standard User Profiles to Glow Pro users and may, at its absolute discretion, remove this Content from the Platform and Survey Response Data for any reason and at any time without notice.
5.2 Survey Content
Definition: The questions, images, user flow, logic and other copyrighted materials relating to the structure of surveys that are undertaken on the platform by Glow public users.
This Content belongs to the Glow Pro Account by which it was created. If you created the Survey Content, you may use it freely for as long as you have a Glow Pro account. If your account lapses, Glow may delete your Survey Content after 90 days. If you purchase or use other people’s Survey Content you agree not to copy, reverse engineer, misrepresent, sell or claim the content to be yours. If your Content contains abusive, pornographic, illicit data, malware, viruses, malware or any other content that Glow believes is in contravention to these terms we may remove it permanently and without warning without compensation.
5.3 Survey Response Data
Definition: The question responses, images, private messages and other data provided through the platform by Glow public users in the course of using Survey Content.
This Content belongs to the Glow Pro account that captured the responses. If you manage the account, you may use it freely for as long as you have an account. If your account lapses, Glow may delete your Survey Response Data after 90 days. Glow offers options for exporting your Survey Response Data at any time (automated). You may export your data on demand but agree that, in cases where you have captured any data that is deemed ‘personal data’ that you will adhere to the privacy and data storage laws, guidelines and standards that apply to you. Glow accepts no responsibility for abuse or misuse of personal data relating to your account. If you purchase or use other people’s Survey Response Data you agree not to copy, reverse engineer, misrepresent, sell or claim the content to be yours without prior written permission to do so.
5.4 Analysis Packs
Definition: The Survey Response Data, Filter Sets, commentary, documents (including how-to-guides, methodologies, approaches and files), copyrighted materials and other Intellectual Property bundled for use by Glow Pro users.
If you purchase or use Analysis Packs you agree not to copy, reverse engineer, misrepresent, sell or claim the content to be yours. If you create Research Kits for sale to other users on Glow Pro you assign Glow a perpetual, royalty-free license to promote and sell the Content on your behalf in all territories in which Glow operates. If your Content contains abusive, pornographic, illicit data, malware, viruses, malware or any other content that Glow believes is in contravention to these terms we may remove it permanently and without warning without compensation. Please contact your local office to discuss the sale of proprietary Analysis Packs on Glow.
5.5 Research Kits
Definition: The Survey Content and supporting documents (including how-to-guides, methodologies, approaches and files), images, copyright and other Intellectual Property bundled for use by Glow Pro users.
If you purchase or use Research Kits you agree not to copy, reverse engineer, misrepresent, sell or claim the content to be yours. If you create Research Kits for sale to other users on Glow Pro you assign Glow a perpetual, royalty-free license to promote and sell the Content on your behalf in all territories in which Glow operates. If your Content contains abusive, pornographic, illicit data, malware, viruses, malware or any other content that Glow believes is in contravention to these terms we may remove it permanently and without warning without compensation. Please contact your local office to discuss the sale of proprietary Research Kits on Glow.
5.6 Other Intellectual Property
Definition: All documents, approaches, how-to-guides, and other materials provided to you by Glow and its partners through the course of your use of Glow in combination with your projects or operations.
Where you encounter documents produced by Glow or its partners, other users or publishers containing trademarks, copyright symbols or other claims to intellectual property, via the Glow websites or connected services and websites, you agree not to breach the rights of the party presenting such a claim or mark. If you believe your own intellectual property is at risk, please contact us directly.
5.7 Responsibility of Website Visitors
Glow has not reviewed, and cannot review, all of the materials or content posted through its service, and cannot therefore be responsible for that material’s content, use or effects. By operating the service, Glow does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. While we make every effort to minimise the risk of abuse, the system may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Glow may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Glow disclaims any responsibility for any harm or offence resulting from the use of the system.
5.2. Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which glowfeed.com links, and that link to glowfeed.com. Glow does not have any control over those non-Glow websites and webpages, and is not responsible for their contents or their use. By linking to a non-Glow website or webpage, Glow does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Glow disclaims any responsibility for any harm resulting from your use of non-Glow websites and webpages.
5.3. Copyright Infringement
As Glow asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by glowfeed.com violates your copyright, you are encouraged to send the details of your dispute via care.glowfeed.com. Glow will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material, within 10 business days. Glow will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Glow or others. In the case of such termination, Glow will have no obligation to provide a refund of any amounts previously paid to Glow or its partners or affiliates.
5.4. Intellectual Property – Glow Brand
The Service and its original Content (excluding Survey Content and Survey Response Data provided by users), features and functionality are and will remain the exclusive property of Glow and its licensors. The Service is protected by copyright, trademark, and other laws of both Australia and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Glow. Where they are used, they must follow our brand guidelines. For more information about using our brand, please contact your account representative.
This agreement does not transfer from Glow to you any Glow or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Glow, Glowfeed, glowfeed.com, the Glow logo, all other trademarks, service marks, graphics and logos used in connection with Glow are trademarks or registered trademarks of Glow or Glow’s licensors. Other trademarks, service marks, graphics and logos used in connection with the website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Glow or third-party trademarks.
6 General Terms
Glow reserves the right, at its sole discretion, to modify or replace any part of this agreement at any time. It is your responsibility to check this agreement online periodically for changes, and we will make every effort to inform you with sufficient notice in advance of such changes occurring. Your continued use of or access to the website following the posting of any changes to this agreement constitutes acceptance of those changes. Glow may also, in the future, offer new Services, Features and Content through the website (including, the release of new tools and resources). Such new Services, Features and Content shall be subject to the terms and conditions of this agreement and may be subject to additional costs for Users.
Glow may terminate your access to all or any part of the website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this agreement or your Glow account (if you have one), you may simply discontinue using the website. Notwithstanding the foregoing, if you have a paid subscription account, such account can only be terminated by Glow if you materially breach this agreement and fail to cure such breach within thirty (30) days from Glow’s notice to you thereof; provided that Glow can terminate the service immediately as part of a general shut down of our service. All provisions of this agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
6.3. Disclaimer of Warranties
The service is provided “as is”. Glow 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 Glow nor its suppliers and licensors, makes any warranty that the service or its functional components will be error free or that access thereto will be continuous or uninterrupted. You understand that you use Glow at your own discretion and risk.
6.4. Limitation of Liability
In no event will Glow, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:
- any special, incidental or consequential damages;
- the cost of procurement or substitute products or services;
- for interruption of use or loss or corruption of data; or
- for any amounts that exceed the fees paid by you to Glow under this agreement during the twelve (12) month period prior to the cause of action. Glow shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
6.5. General Representation and Warranty
You agree to indemnify and hold harmless Glow, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the system, including but not limited to your violation of this agreement.
This agreement constitutes the entire agreement between Glow and you and may only be modified by a written amendment signed by an authorised executive of Glow, or by the posting by Glow of a revised version. If any part of this agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Glow may assign its rights under this agreement without condition. This agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.