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GLOBESPINNING TERMS OF SERVICE

Thank you for using Globespinning! Globespinning, Inc. operates the mobile application and the website located at http://www.globespinning.com (together, the “Service).  Please read these terms carefully and contact us at info@globespinning.com if you have questions. By accessing or using our Service, you agree to be bound by these Terms and by our Privacy Policy.

We reserve the right to modify this agreement at any time. Your continued use of the Services following any such modifications constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the Services immediately.

Basic Terms:

  • You must be at least 13 years old to use the Service.
  • You agree to not use the account of another Member at any time or to disclose your password to any third party.
  • You agree to notify us if you suspect any unauthorized use of your account.

Content/Activity Prohibited

Globespinning allows you to post content, including photos, comments, links, and other materials. Anything that you post or otherwise make available on our Products is referred to as “User Content.” You retain all rights in, and are solely responsible for, the User Content you post to Globespinning.

You grant Globespinning and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute your User Content on Globespinning solely for the purposes of operating, developing, providing, and using the Globespinning Products. Nothing in these Terms shall restrict other legal rights Globespinning may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.

The following are examples of the kind of content that is illegal or prohibited to post on, through or in connection with the Services.  We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision. Prohibited content includes, but is not limited to:

  • Content that contains nudity, violence, is discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive
  • Solicits or is designed to solicit personal information from anyone under 18
  • Content that publicly posts information that poses or creates a privacy or security risk to any person
  • Content that promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous
  • Content that constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work
  • Content that involves a photograph of another person that you have posted without that person’s consent
  • Content that involves commercial activities and/or sales without prior written consent from Globespinning
  • Content that involves the transmission of spamming

 

We may, but have no obligation to remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use.

You are solely responsible for your interaction with other users, third party developers or any other parties with whom you interact through the Service, whether online or offline. You agree that Globespinning is not responsible or liable for the conduct of any user.  Globespinning reserves the right, but has no obligation to monitor or become involved in disputes between you and other users.  Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.

Use By Members:

The Services are for the personal use of Members and may only be used for direct commercial purposes if they are specifically endorsed or authorized by Globespinning. We reserve the right to remove commercial content in our sole discretion. Illegal and/or unauthorized use of the Services, including, without limitation, collecting User information by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Services, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized data collection or solicitation may be removed without notice or explanation and may result in termination of Membership privileges. We reserve the right to take appropriate legal action for any illegal or unauthorized use of the Services.

Termination:

We reserve the right, in our sole discretion, to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. Furthermore, we reserve the right, in our sole discretion, to reject, refuse to post or remove any posting (including, without limitation, comments between you and other Users), or to deny, restrict, suspend, or terminate your access to all of any part of the Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect, without limitation.

You may terminate or deactivate your account at any time, or remove user content. Globespinning may retain your user content for a reasonable period of time for backup, archival, or audit purposes.  Furthermore, Globespinning and its users may retain and continue to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through Globespinning.

Copyright Policy:

Globespinning respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. It is Globespinnings policy to terminate, in appropriate circumstances, the membership of repeat infringers. If you believe your work has been copied and posted on or through the Service in a way that constitutes copyright infringement, please contact us at info@globespinning.com

Third-Party Links, Sites and Services:

Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Globespinning. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Globespinning, you do so at your own risk and you agree that Globespinning will have no liability arising from your use of or access to any third-party website, service, or content.

Disclaimers:

Globespinning takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

Globespinning is not responsible for any damage, injury or loss caused by users of the services or by any of the programming associated with or utilized in the services. User content does not necessarily reflect the opinions or policies of Globespinning.

The Globespinning parties do not represent or warrant that the service will be error free or uninterrupted; that defects will be corrected; or that the service or the server that makes the service available is free from any harmful components, including, without limitations, viruses. You acknowledge that your use of the service is at your own risk.

Under no circumstances will the Globespinning parties be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) That are directly or indirectly related to: (A) The service; (B) The Globespinning content; (C) User content; (D) Your use of, inability to use, or the performance of the service; (E) Any action taken in the connection with copyright or other intellectual property owners; (F) Any errors or omissions in the service’s operation; or (G) any damage to any user’s computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including without limitation, damages for lost or deleted photographs, loss profits, loss of goodwill, loss of data, accuracy of results, or computer failure or malfunction.

Feedback you provide:

Globespinning values your feedback. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Globespinning does not waive any rights to use similar or related Feedback previously known to Globespinning, or developed by its employees, or obtained from sources other than you.

Limitation of Liability

IN NO EVENT SHALL GLOBESPINNING BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF GLOBESPINNING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GLOBESPINNING’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO GLOBESPINNING FOR THE SERVICES.

Disputes

The Agreement shall be governed by, and construed in accordance with, the laws of the State of Washington, without regard to its conflict of law provisions. You and Globespinning agree to submit to the exclusive jurisdiction of the state and federal courts located in King County, Washington, to resolve any dispute arising out of the Agreement or the Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.

Indemnity

You agree to indemnify and hold Globespinning, its subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, directors, agents, partners, employees and volunteers, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement, arising from a breach of this Agreement or any breach of your representations and warranties set forth in this Agreement, or any Content that you post on, through or in connection with the Services.