Glow Platform (Research Management Website)
Last updated: 18th March 2020
Your access to and use of the Portal Service are conditioned on your acceptance of, and compliance with, these Terms. By accessing or using the Portal Service you agree to be bound by these Terms.
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 Portal Service and for any activities or actions under your password, whether your password is with our Portal 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
Users are responsible for any harm resulting from surveys, questions, options, media files, text and other content (“Content”) that is created, used and stored on their accounts. 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 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; 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 Platform 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 Triggered Payments
Survey responses (“Survey Transactions”) captured on the Platform Service accrue as a unpaid charges (“Unpaid Usage”) on the User’s account at the time of consumption in order to reduce the payment frequency for the user. Survey Transactions continue to accrue until either the account billing threshold (“Billing Threshold”) is reached or the monthly subscription usage cycle (“Monthly Billing Cycle”) occurs – whichever happens first. The Monthly Billing Cycle commences on (or around) the date on which user’s subscription commences. When one of these events occurs an invoice is generated and, for accounts with credit cards associated with them, a credit card payment equal to the total services accrued is immediately triggered (“Triggered Payment”). The amount that is currently accrued on the account is visible to users by looking at the Upcoming Invoices tab in the Billing part of the Glow account menu.
2.3 Payment processing by Platform Service Type
There are several types of Platform Service (“Service Types”) that may be purchased. These are currently:
- Plan Subscriptions – Subject to a minimum subscription period of 1 calendar month, unless indicated separately at the time of Purchase. These are processed for Payment at the start of each Billing Cycle.
- Response Transactions – Survey responses (and associated settings) are indicated to have fees associated with their use. These include channels such as Glow’s integrated consumer panel. Where a user selects these channels or settings, the usage will accrue until the Billing Threshold is met or a new Billing Cycle commences, at which point a Payment will be triggered (account managed clients excepted).
- Research Support – Some Users may access paid Research Support services through the platform through their Plan. Research Support is charged to the account immediately the service has been delivered.
- Service Bundles – From time to time Glow makes Service Bundles available for Purchase via the platform. When purchased, the user’s account is credited with the balance displayed in the Service Bundle at the time of purchase.
- Reports – Glow hosts a store containing reports, some of which are available for purchase. Report purchases are available to users with a credit card, and will be charged in full at the time of Purchase.
2.4 Credit Balance
If your Glow account receives a Credit, it will be visible in your Account > Billing section of the Glow Platform. This credit (“Credit Balance”) can be acquired in three ways:
- Through the purchase of a Service Bundle on the platform (or via your account manager)
- Through Plan Subscription credit applied to your account through a monthly billing cycle
- By a manual override initiated by our support team (in the case of refunds or rebates)
The following Service Types can be consumed by your account Credit Balance:
- Response Transactions
- Research Support
When these Service Types are consumed any existing Credit Balance will be debited before further charges are processed for payment. Credit Balance may not be transferred for other currencies or cash at any time.
2.5 Account Credit Rollover and Expiry
Glow will roll your Account Credit from one Billing Cycle to the next as long as your paid Plan is maintained continuously. We may, without refund or reimbursement, cancel some or all of the Credit Balance on your account immediately if:
- You are in breach of our Terms and Conditions
- You allow your paid Plan to lapse to a free plan (for example, if your Credit Card details are not kept up to date)
- You elect to downgrade your subscription to a free Plan
2.6 Service Pricing, Promotions and Availability
Glow reserves the right to change the price of Platform Services at any time before a purchase is made. Where possible we will contact you in advance of changes to changes in Platform Service pricing. We agree not to change the price for services for which service delivery has commenced, such as during Response Transaction data capture or Research Support provision. If we do elect to change our published pricing we will do so in such a manner that allows you to review updated Service Pricing before purchasing services.
The pricing charged for all Platform Services will be the current price published on the Glow platform at the time of purchase.
2.7 Payment & Refunds
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. Purchase fees are not refundable.
2.8 Subscription Purchases and Plans
Certain Purchases are subject to a minimum subscription term (“Billing Period”). The minimum subscription period is one calendar month, unless separately indicated at the time of Purchase.
Glow’s Platform Services offer differing levels of feature access (“Plans”). Glow reserves the right to add, remove and change the features that are available to users of different Plans at different times.
By selecting a Plan, or instructing us to modify, downgrade or upgrade your plan, you agree that:
- You will fully pay the Plan fees relating to the Billing Period (usually monthly or annually)
- You will not be eligible for refunds for partial Billing Periods, or for not using the Platform Services sufficiently during any Billing Period
- You will pay your outstanding balance for any other services that you have elected to use during any Billing Period, including (but not limited to) response services and support services.
Failure to settle your outstanding balance on your Glow account for any BIlling Period may result in:
- Your account being suspended or downgraded
- Data and Content stored on your account being made unavailable to you to access
- Permanent loss of information on and relating to your account
By adding the details of a Company or entity, you accept that the Company or entity in question will be liable and bound by law to settle outstanding balances relating to your usage of Platform Services and and other services that you may order from Glow from time to time. Glow reserves the right to pursue unpaid balances relating to your account through:
- The Company or entity through which you setup your account, as denoted by the information provided and maintained in your account (both current and previous information), or;
- You, personally, if acting independently
You can see the current balance of your Glow account, along with details about your plan through the ‘account’ menu in the Glow platform.
2.9 Automatic Renewal of Subscription Purchases
Unless you notify Glow before the end of the applicable Billing Period that you want to cancel or modify your subscription, your Plan or subscription will automatically renew for a further period. 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.
2.10 Subscription Cancellations
Subscription Purchases via Automatic Renewal can be cancelled by contacting us at least five business days prior to the renewal. Your subscription will remain active until the end of the subscription period.
3. Contracting Entity
3.1 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 all services 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, of Suite 1-3 Hop Exchange, 24 Southwark St, London SE1 1TY, United Kingdom.
- Governing Law. Those terms are governed by the laws of England and Wales (without regard to its conflicts of laws provisions).
- Value Added Tax (“VAT”) may be charged in addition for Platform Services purchased and/or delivered in the UK. Glow UK Hub Ltd is registered to collect VAT from customers with VAT registration number GB 270943591.
- 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
4.2 Data Services Credit Promotion
Any Data Services Credit offered as a part of a promotion is limited to one offer per user. After 30 days Glow reserves the right to remove any unused credit on an account. Free Data Services Credit is eligible to be used for response data collection and research support services. Free Data Services Credit cannot be used to pay for any Glow Plan subscriptions.
5. Content Definitions and Use
5.1 Respondent Profile Data
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 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 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 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 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 (“Response Transactions”)
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.
The data captured, analysed and stored in your Glow account falls under a separate pricing model from your Plan subscription. Response Transactions comprise a combination of responses captured:
- Using links sent to your own databases (“Self-Targeted”) databases
- Through Glow’s APIs with third party (“Panel”) response providers.
Every Response Transaction (Self-Targeted and Panel) captured in Glow is charged at a standard rate based on the type, length of survey and other configuration settings that are selected before capturing data. You can review the price for any response prior to capturing data on the Platform Service, and are asked to confirm before cost is incurred on your account. Data that is captured through Glow is billable as part of the Billing Cycle into which it falls. You can see current usage in the billing section of your account, using our support widget or by asking your Account Manager for a usage summary.
5.3.1 Response Transactions – Data Ownership
All Response Transactions captured by you through Glow’s Platform Service belongs to you, or the owner of the account you use. If you manage the account, you may use it freely for as long as you have an account. If your Plan lapses, Glow may delete your Survey Transactions after 90 days. Glow offers options for exporting your Survey Transactions 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 Transactions you agree not to copy, reverse engineer, misrepresent, sell or claim the content to be yours without prior written permission to do so.
Glow takes no responsibility for the quality, implied opinions, statistics, or use of data that is captured through its platform. By using the platform you agree that Content provided by survey respondents is captured at your own risk.
5.3.2 Using Panels in Glow to capture Response Transactions (“Panel Integrations”)
Glow builds and maintains Panel Integrations with a number of third party panel providers to improve the value provided to users of its Platform Service. In some cases Glow provides a simple interface that enables users to target respondents based on the personal information help by these third party Panels.
Glow accepts no responsibility on behalf of our third party providers for any shortfall in the number of responses that are captured through its Platform Service. Our pricing is based on the number of responses (or partial responses or screen outs) that you receive. If you experience any difficulties in capturing responses through a Glow Panel please contact us through the Chat widget and our team will do their best to assist you with your issue.
When you use Glow’s Panel Integrations you agree that, unless you have express written permission from Glow to do so, you will not:
- Attempt to capture any personal information from a respondent to your survey, including name, email, phone number, address, social media profile or any other personally identifiable information (PII)
- Attempt to invite, advertise or encourage a survey respondent to any other service or platform during or after completion of the survey
- Insert links that take the respondent out of Glow’s survey experience
- Engineer or attempt to engineer any user experience bypasses that may result in Glow’s survey experience being interrupted or corrupted
Detection of any of the above terms may result in immediate suspension of your account and a loss of access to your data. You agree that by using Glow you will be liable for damages incurred as a result of any breach to these terms.
5.4 Published Content (Reports and Kits)
Definition: Survey Transactions, Filter Sets, commentary, documents (including how-to-guides, methodologies, approaches and files), survey templates (“Survey Kits”) copyrighted materials and other Intellectual Property bundled for use by Glow users and published in the Reports section of the Platform Service.
If you purchase or use Published Content you agree not to copy, reverse engineer, misrepresent, sell or claim the content to be yours.
If you create Published Content for sale to other users on Glow you assign Glow a perpetual, royalty-free license to promote and sell the Published Content on your behalf in all territories in which Glow operates. If your Published 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 Published Content on Glow.
5.5 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.
5.8. 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 or the Platform Service. 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.
5.9. 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 email@example.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.
5.10. Intellectual Property – Glow Brand
The Platform Service and its original Content (excluding Survey Content and Survey Transactions provided by users), features and functionality are and will remain the exclusive property of Glow and its licensors. The Platform Service is protected by copyright, trademark, and other international laws. 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 Platform Service following the posting of any changes to this agreement constitutes acceptance of those changes. Glow may also, in the future, offer new Service Types, Features and Content through the website (including, the release of new tools and resources). Such new Service Types, 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 Platform Service 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 Platform 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 Platform Service, 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 term breach. 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. By using Glow’s technologies you agree to be bound to the terms of this Agreement.
Glow Public Sites (Public and Survey Response Websites)
Last updated: 18 March 2020
Your access to and use of the Services are conditioned on your acceptance of, and compliance with, these Terms. By accessing or using the Services you agree to be bound by these Terms.
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.
1.1 Private use
You are not permitted to accept these Terms or use the Services on behalf of a company, organisation, government, or other legal entity. These terms relate only to Glow Services that are available in the public domain, including our marketing websites and survey response website(s).
1.2 Provision of Services
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 passwords, if you create one. 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 public visitors using our 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, Content that has been mislabeled or is otherwise deceptive, including possible links posted by users of Glow’s Platform Services. 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
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 personal data you provide to us, or to third party platforms and systems that we interface with, may be linked to the data that you provide when using our Services.
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 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 third parties. You understand that Content you submit through its Services may be syndicated, broadcast, distributed, or published. If you do not have the right to submit Content for such uses then you may be liable to its rightful owners or licensees for damages. 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 to submit any Content that is transferred using Glow’s Services.
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. Nothing in these Terms gives you a right to use the Glow name or any of the Glow trademarks, logos, domain names, and other distinctive brand features without written permission to do so.
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 may also terminate access to its Services to visitors or users at its sole discretion. If you want to let us know about a potential copyright infringement please contact us with as much detail as you can provide via firstname.lastname@example.org.
8. Content Quality and Rewards
8.1 Content Quality
Glow works best when the Content provided through its Services are accurate, timely and honest (quality).We ask that the information you provide via our Services is of high quality in order for us to be able to provide users of our various Platform Websites with clean and valuable interactions. Deliberate and repeated failure to provide quality information in relation to any of our Services will result in possible restrictions of access to our Services.
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.
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, or are eligible for, 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.
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 while you use Glow’s public websites.
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.
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.