TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT
CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE.
IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR
PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE.
IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND
CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES.
THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 6/24/2020.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the
“TOS”) is a legally binding agreement that shall govern the
relationship with our users and others which may interact or interface with GlowArtAz LLC, also known as GlowArtAz and PuDuoResin
located at 7014 E Golf Links Rd #175, Tucson, Arizona 85730 and our
subsidiaries and affiliates, in association with the use of the PuDuoResin website, which includes https://puduoresin.com,
(the “Site”) and its Services, and https://glowartaz.com which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an e-commerce
website which has the following description:
GlowArtAz is the official home of
PuDuo Resin. We are an e-commerce site for glow in
the dark and resin supplies.
Any and all visitors to our site, despite whether they are
registered or not, shall be deemed as “users” of the herein contained
Services provided for the purpose of this TOS. Once
an individual register’s for our Services, through the
process of creating an account, the user shall then be considered a
“member.”
The user and/or member acknowledges and agrees that the
Services provided and made available through our website and applications,
which may include some mobile applications and that those applications may be
made available on various social media networking sites and numerous other
platforms and downloadable programs, are the sole property of GlowArtAz LLC. At its discretion, GlowArtAz
LLC may offer additional website Services and/or products, or update, modify or
revise any current content and Services, and this Agreement shall apply to any
and all additional Services and/or products and any and all updated, modified
or revised Services unless otherwise stipulated. GlowArtAz
LLC does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end
user and/or member, acknowledge, accept and agree that GlowArtAz
LLC shall not be held liable for any such updates, modifications, revisions,
suspensions or discontinuance of any of our Services and/or products. Your
continued use of the Services provided, after such posting of any updates,
changes, and/or modifications shall constitute your acceptance of such updates,
changes and/or modifications, and as such, frequent review of this Agreement
and any and all applicable terms and policies should be made by you to ensure
you are aware of all terms and policies currently in effect. Should you not
agree to the updated, revised or modified terms, you must stop using the
provided Services forthwith.
Furthermore, the user and/or member understands,
acknowledges and agrees that the Services offered shall be provided “AS
IS” and as such GlowArtAz LLC shall not assume
any responsibility or obligation for the timeliness, missed delivery, deletion
and/or any failure to store user content, communication or personalization
settings.
REGISTRATION
To register and become a “member” of the Site,
you must be at least 18 years of age to enter into and form a legally binding
contract. In addition, you must be in good standing and not an individual that
has been previously barred from receiving GlowArtAz’s
Services under the laws and statutes of the United States or other applicable
jurisdiction.
When you register, GlowArtAz may
collect information such as your name, e-mail address, birth date, gender,
mailing address, occupation, industry and personal interests. You can
edit your account information at any time. Once you register with GlowArtAz and sign in to our
Services, you are no longer anonymous to us.
Furthermore, the registering party hereby acknowledges,
understands and agrees to:
- furnish
factual, correct, current and complete information with regards to yourself as
may be requested by the data registration process, and
- maintain
and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all
times.
If anyone knowingly provides any information of a false,
untrue, inaccurate or incomplete nature, GlowArtAz
LLC will have sufficient grounds and rights to suspend or terminate the member
in violation of this aspect of the Agreement, and as such refuse any and all
current or future use of GlowArtAz LLC Services, or
any portion thereof.
It is GlowArtAz LLC’s priority to
ensure the safety and privacy of all its visitors, users and members,
especially that of children. Therefore, it is for this reason that the parents
of any child under the age of 13 that permit their child or children access to
the GlowArtAz website platform Services must create a
“family” account, which will certify that the individual creating the
“family” account is of 18 years of age and as such, the parent or
legal guardian of any child or children registered under the “family”
account. As the creator of the “family” account, s/he is thereby
granting permission for his/her child or children to access the various
Services provided, including, but not limited to, message boards, email, and/or
instant messaging. It is the parent’s and/or legal guardian’s responsibility to
determine whether any of the Services and/or content provided are
age-appropriate for his/her child.
PRIVACY POLICY
Every member’s registration data and various other personal
information are strictly protected by t h e GlowArtAz
LLC Online Privacy Policy (see the full Privacy Policy at
https://glowartaz.com/privacy-policy/). As a member, you
herein consent to the collection and use of the information provided, including
the transfer of information within the United States and/or other countries for
storage, processing or use by GlowArtAz LLC and/or
our subsidiaries and affiliates.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole authorized
user of your account. You shall be responsible for maintaining the secrecy and
confidentiality of your password and for all activities that transpire on or
within your account. It is your responsibility for any act or omission of any
user(s) that access your account information that, if undertaken by you, would
be deemed a violation of the TOS. It shall be your responsibility to notify GlowArtAz LLC immediately if you notice any unauthorized
access or use of your account or password or any other breach of security. GlowArtAz LLC shall not be held liable for any loss and/or
damage arising from any failure to comply with this term and/or condition of
the TOS.
CONDUCT
As a user or member of the Site, you herein acknowledge,
understand and agree that all information, text, software, data, photographs,
music, video, messages, tags or any other content, whether it is publicly or
privately posted and/or transmitted, is the expressed sole responsibility of
the individual from whom the content originated. In short, this means that you
are solely responsible for any and all content posted, uploaded, emailed,
transmitted or otherwise made available by way of the GlowArtAz
Services, and as such, we do not guarantee the accuracy, integrity or quality
of such content. It is expressly understood that by use of our Services, you
may be exposed to content including, but not limited to, any errors or
omissions in any content posted, and/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 by GlowArtAz.
Furthermore, you herein agree not to make use of GlowArtAz LLC’s Services for the purpose of:
- uploading,
posting, emailing, transmitting, or otherwise making available any content that
shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or
which is hateful, and/or racially, ethnically, or otherwise objectionable;
- causing
harm to minors in any manner whatsoever;
- impersonating
any individual or entity, including, but not limited to, any GlowArtAz officials, forum leaders, guides or hosts or
falsely stating or otherwise misrepresenting any affiliation with an individual
or entity;
- forging
captions, headings or titles or otherwise offering any content that you
personally have no right to pursuant to any law nor having any contractual or
fiduciary relationship with;
- uploading,
posting, emailing, transmitting or otherwise offering any such content that may
infringe upon any patent, copyright, trademark, or any other proprietary or
intellectual rights of any other party;
- uploading,
posting, emailing, transmitting or otherwise offering any content that you do
not personally have any right to offer pursuant to any law or in accordance
with any contractual or fiduciary relationship;
- uploading,
posting, emailing, transmitting, or otherwise offering any unsolicited or
unauthorized advertising, promotional flyers, “junk mail,”
“spam,” or any other form of solicitation, except in any such areas
that may have been designated for such purpose;
- uploading,
posting, emailing, transmitting, or otherwise offering any source that may
contain a software virus or other computer code, any files and/or programs
which have been designed to interfere, destroy and/or limit the operation of
any computer software, hardware, or telecommunication equipment;
- disrupting
the normal flow of communication, or otherwise acting in any manner that would
negatively affect other users’ ability to participate in any real time
interactions;
- interfering
with or disrupting any GlowArtAz LLC Services,
servers and/or networks that may be connected or related to our website,
including, but not limited to, the use of any device software and/or routine to
bypass the robot exclusion headers;
- intentionally
or unintentionally violating any local, state, federal, national or
international law, including, but not limited to, rules, guidelines, and/or
regulations decreed by the U.S. Securities and Exchange Commission, in addition
to any rules of any nation or other securities exchange, that would include
without limitation, the New York Stock Exchange, the American Stock Exchange,
or the NASDAQ, and any regulations having the force of law;
- providing
informational support or resources, concealing and/or disguising the character,
location, and or source to any organization delegated by the United States
government as
a “foreign terrorist organization” in accordance
to Section 219 of the Immigration Nationality Act;
- “stalking”
or with the intent to otherwise harass another individual; and/or
- collecting
or storing of any personal data relating to any other member or user in
connection with the prohibited conduct and/or activities which have been set
forth in the aforementioned paragraphs.
GlowArtAz LLC herein reserves the
right to pre-screen, refuse and/or delete any content currently available
through our Services. In addition, we reserve the right to remove and/or delete
any such content that would violate the TOS or which
would otherwise be considered offensive to other visitors, users and/or
members.
GlowArtAz LLC herein reserves the
right to access, preserve and/or disclose member account information and/or
content if it is requested to do so by law or in good faith belief that any
such action is deemed reasonably necessary for:
- compliance
with any legal process;
- enforcement
of the TOS;
- responding
to any claim that therein contained content is in violation of the rights of
any third party;
- responding
to requests for customer service; or
- protecting
the rights, property or the personal safety of GlowArtAz
LLC, its visitors, users and members, including the general public.
GlowArtAz LLC herein reserves the
right to include the use of security components that may permit digital
information or material to be protected, and that such use of information
and/or material is subject to usage guidelines and regulations established by GlowArtAz LLC or any other content providers supplying
content services to GlowArtAz LLC. You are hereby
prohibited from making any attempt to override or circumvent any of the
embedded usage rules in our Services. Furthermore, unauthorized reproduction,
publication, distribution, or exhibition of any information or materials
supplied by our Services, despite whether done so in whole or in part, is
expressly prohibited.
INTERSTATE COMMUNICATION
Upon registration, you hereby acknowledge that by using
https://glowartaz.com to send electronic communications, which would include,
but are not limited to, email, searches, instant messages, uploading of files,
photos and/or videos, you will be causing communications to be sent through our
computer network. Therefore, through your use, and thus your agreement with
this TOS, you are acknowledging that the use of this Service shall result in
interstate transmissions.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply
with all local rules relating to online conduct and that which is considered
acceptable Content. Uploading, posting and/or transferring of software,
technology and other technical data may be subject to the export and import
laws of the United States and possibly other countries. Through the use of our
network, you thus agree to comply with all applicable export and import laws,
statutes and regulations, including, but not limited to, the Export
Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html),
as well as the sanctions control program of the United States (http://www.treasury.gov/resourcecenter/sanctions/Programs/Pages/Programs.aspx). Furthermore,
you state and pledge that you:
- are
not on the list of prohibited individuals which may be identified on any
government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm)
nor a member of any other government which may be part of an export-prohibited
country identified in applicable export and import laws and regulations;
- agree
not to transfer any software, technology or any other technical data through the use of our network Services to any
export-prohibited country;
- agree
not to use our website network Services for any military, nuclear, missile,
chemical or biological weaponry end uses that would be a violation of the U.S.
export laws; and
- agree
not to post, transfer nor upload any software, technology or any other
technical data which would be in violation of the U.S. or other applicable
export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
GlowArtAz LLC shall not lay claim
to ownership of any content submitted by any visitor, member, or user, nor make
such content available for inclusion on our website Services. Therefore, you
hereby grant and allow for GlowArtAz LLC the below
listed worldwide, royalty-free and nonexclusive licenses, as applicable:
- The
content submitted or made available for inclusion on the publicly accessible
areas of GlowArtAz LLC’s sites, the license provided
to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or
publicly display said Content on our network Services is for the sole purpose
of providing and promoting the specific area to which this content was placed
and/or made available for viewing. This license shall be available so long as
you are a member of GlowArtAz LLC’s sites, and shall
terminate at such time when you elect to discontinue your membership.
- Photos,
audio, video and/or graphics submitted or made available for inclusion on the
publicly accessible areas of GlowArtAz LLC’s sites,
the license provided to permit to use, distribute, reproduce, modify, adapt,
publicly perform and/or publicly display said Content on our network Services
are for the sole purpose of providing and promoting the specific area in which
this content was placed and/or made available for viewing. This license shall
be available so long as you are a member of GlowArtAz
LLC’s sites and shall terminate at such time when you elect to discontinue your
membership.
- For
any other content submitted or made available for inclusion on the publicly
accessible areas of GlowArtAz LLC’s sites, the
continuous, binding and completely sub-licensable license which is meant to
permit to use, distribute, reproduce, modify, adapt, publish, translate,
publicly perform and/or publicly display said content, whether in whole or in
part, and the incorporation of any such Content into other works in any
arrangement or medium current used or later developed.
Those areas which may be deemed “publicly
accessible” areas of GlowArtAz LLC’s sites are
those such areas of our network properties which are meant to be available to
the general public, and which would include message boards and groups that are
openly available to both users and members. However, those areas which are not
open to the public, and thus available to members only, would include our mail
system and instant messaging.
CONTRIBUTIONS TO COMPANY WEBSITE
GlowArtAz LLC provides an area
for our users and members to contribute feedback to our website. When you
submit ideas, documents, suggestions and/or proposals
(“Contributions”) to our site, you acknowledge and agree that:
- your
contributions do not contain any type of confidential or proprietary
information;
- GlowArtAz shall not be liable or under any obligation to
ensure or maintain confidentiality, expressed or implied, related to any
Contributions;
- GlowArtAz shall be entitled to make use of and/or disclose
any such Contributions in any such manner as they may see fit;
- the
contributor’s Contributions shall automatically become the sole property of GlowArtAz; and
- GlowArtAz is under no obligation to either compensate or
provide any form of reimbursement in any manner or nature.
INDEMNITY
All users and/or members herein agree to insure and hold GlowArtAz LLC, our subsidiaries, affiliates, agents,
employees, officers, partners and/or licensors blameless or not liable for any
claim or demand, which may include, but is not limited to, reasonable attorney
fees made by any third party which may arise from any content a member or user
of our site may submit, post, modify, transmit or otherwise make available
through our Services, the use of GlowArtAz Services or your connection with these Services,
your violations of the Terms of Service and/or your violation of any such
rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate,
duplicate, copy, trade, sell, resell nor exploit for any commercial reason any
part, use of, or access to GlowArtAz’s sites.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that GlowArtAz
LLC may set up any such practices and/or limits regarding the use of our
Services, without limitation of the maximum number of days that any email,
message posting or any other uploaded content shall be retained by GlowArtAz LLC, nor the maximum number of email messages that
may be sent and/or received by any member, the maximum volume or size of any
email message that may be sent from or may be received by an account on our
Service, the maximum disk space allowable that shall be allocated on GlowArtAz LLC’s servers on the member’s behalf, and/or the
maximum number of times and/or duration that any member may access our Services
in a given period of time. In addition,
you also agree that GlowArtAz LLC has absolutely no
responsibility or liability for the removal or failure to maintain storage of
any messages and/or other communications or content maintained or transmitted
by our Services. You also herein acknowledge that we reserve the right to
delete or remove any account that is no longer active for an extended period of time. Furthermore, GlowArtAz
LLC shall reserve the right to modify, alter and/or update these general
practices and limits at our discretion.
Any messenger service, which may include any web-based
versions, shall allow you and the individuals with whom you communicate with
the ability to save your conversations in your account located on GlowArtAz LLC’s servers. In this manner, you will be able
to access and search your message history from any computer with internet
access. You also acknowledge that others have the option to use and save
conversations with you in their own personal account on https://glowartaz.com.
It is your agreement to this TOS which establishes your consent to allow GlowArtAz LLC to store any and all communications on its
servers.
MODIFICATIONS
GlowArtAz LLC shall reserve the
right at any time it may deem fit, to modify, alter and or discontinue, whether
temporarily or permanently, our service, or any part thereof, with or without
prior notice. In addition, we shall not be held liable to you or to any third party
for any such alteration, modification, suspension and/or discontinuance of our
Services, or any part thereof.
TERMINATION
As a member of https://glowartaz.com, you may cancel or
terminate your account, associated email address and/or access to our Services
by submitting a cancellation or termination request to glowartaz.com.
As a member, you agree that GlowArtAz
LLC may, without any prior written notice, immediately suspend, terminate,
discontinue and/or limit your account, any email associated with your account,
and access to any of our Services. The cause for such termination,
discontinuance, suspension and/or limitation of access shall include, but is
not limited to:
- any
breach or violation of our TOS or any other incorporated agreement, regulation
and/or guideline;
- by
way of requests from law enforcement or any other governmental agencies;
- the
discontinuance, alteration and/or material modification to our Services, or any
part thereof;
- unexpected
technical or security issues and/or problems;
- any
extended periods of inactivity;
- any
engagement by you in any fraudulent or illegal activities; and/or
- the
nonpayment of any associated fees that may be owed by you in connection with
your https://glowartaz.com account Services.
Furthermore, you herein agree that any and all
terminations, suspensions, discontinuances, and or limitations of access for
cause shall be made at our sole discretion and that we shall not be liable to
you or any other third party with regards to the termination of your account,
associated email address and/or access to any of our Services.
The termination of your account with https://glowartaz.com
shall include any and/or all of the following:
- the
removal of any access to all or part of the Services offered within
https://glowartaz.com;
- the
deletion of your password and any and all related information, files, and any
such content that may be associated with or inside your account, or any part
thereof; and
- the
barring of any further use of all or part of our Services.
ADVERTISERS
Any correspondence or business dealings with, or the
participation in any promotions of, advertisers located on or through our
Services, which may include the payment and/or delivery of such related goods
and/or Services, and any such other term, condition, warranty and/or
representation associated with such dealings, are and shall be solely between
you and any such advertiser. Moreover, you herein agree that GlowArtAz LLC shall not be held responsible or liable for
any loss or damage of any nature or manner incurred as a direct result of any
such dealings or as a result of the presence of such advertisers on our
website.
LINKS
Either GlowArtAz LLC or any third
parties may provide links to other websites and/or resources. Thus, you
acknowledge and agree that we are not responsible for the availability of any
such external sites or resources, and as such, we do not endorse nor are we
responsible or liable for any content, products, advertising or any other
materials, on or available from such third party sites or resources.
Furthermore, you acknowledge and agree that GlowArtAz
LLC shall not be responsible or liable, directly or indirectly, for any such
damage or loss which may be a result of, caused or allegedly to be caused by or
in connection with the use of or the reliance on any such content, goods or
Services made available on or through any such site or resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that GlowArtAz LLC’s Services and any essential software that
may be used in connection with our Services (“Software”) shall
contain proprietary and confidential material that is protected by applicable
intellectual property rights and other laws. Furthermore, you herein
acknowledge and agree that any Content which may be contained in any advertisements
or information presented by and through our Services or by advertisers is
protected by copyrights, trademarks, patents or other proprietary rights and
laws. Therefore, except for that which is expressly permitted by applicable law
or as authorized by GlowArtAz LLC or such applicable
licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute,
transmit, broadcast, publicly perform and/or created any plagiaristic works
which are based on GlowArtAz LLC Services (e.g.
Content or Software), in whole or part.
GlowArtAz LLC herein has granted you personal, non-transferable and non-exclusive rights
and/or license to make use of the object code or our Software on a single
computer, as long as you do not, and shall not, allow any third party to
duplicate, alter, modify, create or plagiarize work from, reverse engineer,
reverse assemble or otherwise make an attempt to locate or discern any source
code, sell, assign, sublicense, grant a security interest in and/or otherwise
transfer any such right in the Software. Furthermore, you do herein agree not
to alter or change the Software in any manner, nature or form, and as such, not
to use any modified versions of the Software, including and without limitation,
for the purpose of obtaining unauthorized access to our Services. Lastly, you
also agree not to access or attempt to access our Services through any means
other than through the interface which is provided by GlowArtAz
LLC for use in accessing our Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- THE
USE OF GLOWARTAZ LLC SERVICES AND SOFTWARE ARE AT THE SOLE RISK
BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN
“AS IS”
AND/OR “AS AVAILABLE” BASIS. GLOWARTAZ LLC AND
OUR SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS
EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND
WHETHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY
IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
- GLOWARTAZ
LLC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) GLOWARTAZ
LLC SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii)
GLOWARTAZ LLC SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED,
TIMELY,
SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE
OBTAINED
FROM THE USE OF THE GLOWARTAZ LLC SERVICES OR SOFTWARE WILL
BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY
INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR
OBTAINED
BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR
EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE
CORRECTED.
- ANY
INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY
WAY OF GLOWARTAZ LLC SERVICES OR SOFTWARE SHALL BE ACCESSED
BY
YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL
BE SOLELY
RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND
CAUSES OF
ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR
INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY
LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR
MATERIAL.
- NO
ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT
MAY BE OBTAINED BY YOU FROM GLOWARTAZ LLC OR BY WAY OF OR
FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THE TOS.
- A
SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE
WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR
WHILE
USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A
PREVIOUSLY
UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS
WHO
HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY.
SHOULD YOU,
ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC
CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY
OF THE
FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS,
ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY
INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT
GLOWARTAZ LLC
AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE,
INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING, BUT
NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF
ANY PROFITS,
GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES,
EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY
OCCUR, AND RESULT FROM:
- THE
USE OR INABILITY TO USE OUR SERVICE;
- THE
COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
- UNAUTHORIZED
ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
- STATEMENTS
OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
- AND
ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
RELEASE
In the event you have a dispute, you agree to release GlowArtAz LLC (and its officers, directors, employees,
agents, parent subsidiaries, affiliates, co-branders, partners and any other
third parties) from claims, demands and damages (actual and consequential) of
every kind and nature, known and unknown, suspected or unsuspected, disclosed
and undisclosed, arising out of or in any way connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive
or request any such news, messages, alerts or other information from our
Services concerning companies, stock quotes, investments or securities, please
review the above Sections Warranty Disclaimers and Limitations of Liability
again. In addition, for this particular type of information,
the phrase “Let the investor beware” is appropriate. GlowArtAz LLC’s content is provided primarily for
informational purposes, and no content that shall be provided or included in
our Services is intended for trading or investing purposes. GlowArtAz
LLC and our licensors shall not be responsible or liable for the accuracy,
usefulness or availability of any information transmitted and/or made available
by way of our Services, and shall not be responsible
or liable for any trading and/or investment decisions based on any such
information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE
EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR
INCIDENTAL OR
CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE
LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY
NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless
otherwise expressly provided in this TOS, that there shall be no third-party
beneficiaries to this agreement.
NOTICE
GlowArtAz LLC may furnish you
with notices, including those with regards to any changes to the TOS, including
but not limited to email, regular mail, MMS or SMS, text messaging, postings on
our website Services, or other reasonable means currently known or any which
may be herein after developed. Any such notices may not be received if you
violate any aspects of the TOS by accessing our Services in an unauthorized manner.
Your acceptance of this TOS constitutes your agreement that you are deemed to
have received any and all notices that would have been delivered had you
accessed our Services in an authorized manner.
TRADEMARK INFORMATION
You herein acknowledge, understand and agree that all of the GlowArtAz LLC
trademarks, copyright, trade name, service marks, and other GlowArtAz
LLC logos and any brand features, and/or product and service names are
trademarks and as such, are and shall remain the property of GlowArtAz LLC. You herein agree not to display and/or use
in any manner the GlowArtAz LLC logo or marks without
obtaining GlowArtAz LLC’s prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE &
PROCEDURES
GlowArtAz LLC will always respect
the intellectual property of others, and we ask that all of
our users do the same. With regards to appropriate circumstances and at its
sole discretion, GlowArtAz LLC may disable and/or
terminate the accounts of any user who violates our TOS and/or infringes the
rights of others. If you feel that your work has been duplicated in such a way
that would constitute copyright infringement, or if you believe your
intellectual property rights have been otherwise violated, you should provide
to us the following information:
- The
electronic or the physical signature of the individual that is authorized on
behalf of the owner of the copyright or other intellectual property interest;
- A
description of the copyrighted work or other intellectual property that you
believe has been infringed upon;
- A
description of the location of the site which you allege has been infringing
upon your work;
- Your
physical address, telephone number, and email address;
- A
statement, in which you state that the alleged and disputed use of your work is
not authorized by the copyright owner, its agents or the law;
- And
finally, a statement, made under penalty of perjury, that the aforementioned
information in your notice is truthful and accurate, and that you are the
copyright or intellectual property owner, representative or agent authorized to
act on the copyright or intellectual property owner’s behalf.
The GlowArtAz LLC Agent for
notice of claims of copyright or other intellectual property infringement can
be contacted as follows:
Mailing Address:
GlowArtAz LLC
Attn: Copyright Agent
7014 E Golf Links Rd #175
Tucson, Arizona 85730
Telephone: 5202376045
Email:
[email protected]
CLOSED CAPTIONING
BE IT KNOWN, that GlowArtAz LLC
complies with all applicable Federal Communications Commission rules and
regulations regarding the closed captioning of video content. For more
information, please visit our website at https://glowartaz.com.
GENERAL INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and GlowArtAz LLC and shall govern the use of our Services,
superseding any prior version of this TOS between you and us with respect to GlowArtAz LLC Services. You may also be subject to
additional terms and conditions that may apply when you use or purchase certain
other GlowArtAz LLC Services, affiliate Services, thirdparty content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and GlowArtAz LLC with regard to the TOS that the relationship
between the parties shall be governed by the laws of the state of Arizona
without regard to its conflict of law provisions and that any and all claims,
causes of action and/or disputes, arising out of or relating to the TOS, or the
relationship between you and GlowArtAz LLC, shall be
filed within the courts having jurisdiction within the County of Pima, Arizona
or the U.S. District Court located in said state. You and GlowArtAz
LLC agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the
exercise of jurisdiction over the parties by such courts and to venue in such
courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should GlowArtAz LLC
fail to exercise or enforce any right or provision of the TOS, such failure
shall not constitute a waiver of such right or provision. If any provision of
this TOS is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to the
parties’ intentions as reflected in the provision, and the other provisions of
the TOS remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is
non-transferable and any rights to your ID and/or contents within your account
shall terminate upon your death. Upon receipt of a copy of a death certificate,
your account may be terminated and all contents
therein permanently deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of
any statute or law to the contrary, any claim or action arising out of or
related to the use of our Services or the TOS must be filed within 1 year(s)
after said claim or cause of action arose or shall be forever barred.
VIOLATIONS
Please report any and all violations of this TOS to GlowArtAz LLC as follows:
Mailing Address:
GlowArtAz LLC
7014 E Golf Links Rd #175
Tucson, Arizona 85730
Telephone: 520-237-6045
Email:
[email protected]
