A. By using and/or visiting this website (collectively, including all content and functionality available through the GlitterMents.com domain name, the “GlitterMents Website”, or “Website”), you signify your agreement to
(1) these terms and conditions (the “Terms of Service”),
(2) GlitterMents’s privacy notice, which can be found at
http://www.GlitterMents.com/privacy-policy
If you do not agree to any of these terms, the GlitterMents privacy notice, please do not use the GlitterMents Website.
B. We will attempt to notify you when major changes are made to these Terms of Service, but you should periodically review the most up-to-date version http://www.GlitterMents.com/terms-of-service/). GlitterMents may, in its sole discretion, may at any time revise or modify these Terms of Service and policies at any time. You agree to be bound by such revisions or modifications. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
A. These Terms of Service shall apply to all users of the GlitterMents Website, including users who are also contributors of image content, information, and other materials or services on the Website. The GlitterMents Website includes all aspects of GlitterMents, including but not limited to GlitterMents channels, GlitterMents “Embedded Content,”, GlitterMents RSS feeds, and the GlitterMents “Image Submission Service.”
B. The GlitterMents Website may contain links to third party websites that are not owned or controlled by GlitterMents. GlitterMents has no control over, and accepts no responsibility for the content, policies, or practices of any such third party websites. In addition it is understood that GlitterMents will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve GlitterMents from any and all liability arising from your use of any third-party website. We encourage you to be aware when you leave the GlitterMents Website and to read the privacy policy of any third-party website that you visit.
A. In order to access some features of the Website, users of the site will have to create a GlitterMents account. You may never use or share another users account without the express permission of GlitterMents. When creating your account, we require you to provide us with accurate and complete user information. You are solely responsible for the activity that occurs on your account, and your account password must be kept secure. If you believe that your password may have been shared or discovered, or that security on your account may have been compromised, you must notify GlitterMents immediately.
B. GlitterMents will not be liable for losses caused by any unauthorized use of your account. However you may be liable for the losses of GlitterMents or others due to such unauthorized use.
GlitterMents hereby grants you permission to access and use the Website as set forth in these terms of service, provided that:
A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without GlitterMents’s express written consent.
B. You agree not to alter or modify any part of the Website, including but not limited to GlitterMents’s embeddable content, RSS feeds, or API content and it’s related technologies.
C. You agree not to access User Submissions (defined below) or GlitterMents Content through any technology or means other than the image playback pages of the Website itself, GlitterMents Embeddable content, or other explicitly authorized means GlitterMents may deem appropriate.
D. You agree not to use the Website, including GlitterMents Embeddable Content, RSS Feeds, or API content, for any commercial use, without the prior written consent of GlitterMents. Prohibited commercial uses include any of the following actions taken without GlitterMents’s express written consent:
E. Prohibited commercial uses do not include:
F. If you use GlitterMents Embeddable content, RSS Feeds or API content on your website, you must include a prominent attribution and link back to the GlitterMents website on the pages containing the content and you may not modify, build upon, or block any portion of GlitterMents content in any way.
G. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that is deemed to be sending more request messages to the GlitterMents server in a manner that is not deemed to be ‘unreasonable’ by GlitterMents. This means in a manner that a human visitor cannot reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the following, GlitterMents grants the operators of public search engines for the sole purpose of creating searchable public indices, permission to use spiders to copy and index materials from the site. GlitterMents reserves the right to revoke these exceptions in specific cases.
You agree not to collect or harvest any personally identifiable information, including account names, email addresses, or IP addresses from the Website. You agree not to use the communication systems provided by the Website (e.g. comments, email) for any commercial purposes.
H. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations.
I. GlitterMents reserves the right to discontinue any part of the GlitterMents Website at any time.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the GlitterMents Website.
A. The content on the GlitterMents Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, images, interactive features and the related image “content” and the trademarks, service marks and logos contained therein (”Marks”), are owned by or licensed to GlitterMents, subject to copyright and other intellectual property rights under the law.
Content on the Website is provided to you AS IS for your informational and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the express written consent of the respective owners. GlitterMents reserves all rights not expressly granted in and to the Website and the Content.
B. You may access User Submissions solely:
“Sharing” means a contemporaneous digital transmission of an graphical work via the Internet from the GlitterMents Service to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Images for any purpose or in any manner other than Streaming is expressly prohibited. User Images are made available “as is.”
C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the GlitterMents Service. User Comments are made available “as is”, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the GlitterMents Service or otherwise as prohibited under this Agreement.
D. You may access GlitterMents Content, User Submissions and other content only as permitted under this Agreement. GlitterMents reserves all rights not expressly granted in and to the GlitterMents Content and the GlitterMents Service.
E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the GlitterMents Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the GlitterMents Website or the Content therein.
G. You understand that when using the GlitterMents Website, you will be exposed to User Submissions from a variety of sources, and that GlitterMents is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against GlitterMents with respect thereto, and agree to indemnify and hold GlitterMents, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
A. As a GlitterMents account holder you may submit image content (”User Images”) and textual content (”User Comments”). User Images and User Comments are collectively referred to as “User Submissions.” You understand that whether or not such User Submissions are published, GlitterMents does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize GlitterMents to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to GlitterMents, you hereby grant GlitterMents a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the GlitterMents Website and GlitterMents’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the GlitterMents Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the GlitterMents Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Images terminate within a commercially reasonable time after you remove or delete your User Images from the GlitterMents Service. You understand and agree, however, that GlitterMents may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant GlitterMents all of the license rights granted herein.
E. You further agree that you will not, in connection with User Submissions, submit material that is offensive within the confines of international and local law.
F. GlitterMents does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and GlitterMents expressly disclaims any and all liability in connection with User Submissions. GlitterMents does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and GlitterMents will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. GlitterMents reserves the right to remove Content and User Submissions without prior notice. GlitterMents is in no way responsible for filtering or controlling User Submissions. Users who have posted content which is not suitable for all audiences are fully responsible for the content they have submitted to the GlitterMents service.
A. GlitterMents will terminate a User’s access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
B. GlitterMents reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. GlitterMents may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (”DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
GlitterMents’s designated Copyright Agent to receive notifications of claimed infringement is: Michael Matthews email: glitterments@gmail.com. For clarity, only DMCA notices should go to the Copyright Agent.
You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
YOU AGREE THAT YOUR USE OF THE GLITTERMENTS WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, GLITTERMENTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. GLITTERMENTS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR 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 GLITTERMENTS WEBSITE. GLITTERMENTS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE GLITTERMENTS WEBSITE OR ANY HYPERLINKED WEBSITE OR WEBSITE FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND GLITTERMENTS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
YOU AGREE THAT YOUR USE OF THE GLITTERMENTS WEBSITE SHALL BE AT YOUR SOLE RISK. IN NO EVENT SHALL GLITTERMENTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GLITTERMENTS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT GLITTERMENTS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Those who access or use the GlitterMents Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless GlitterMents, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the GlitterMents Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the GlitterMents Website.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the GlitterMents Website is not intended for children under 13. If you are under 13 years of age, then please do not use the GlitterMents Website.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by GlitterMents without restriction.
You agree that: (i) the GlitterMents Website shall be deemed solely based in the United Kingdom; and (ii) the GlitterMents Website shall be deemed a passive website that does not give rise to personal jurisdiction over GlitterMents, either specific or general, in jurisdictions other than the UK. These Terms of Service shall be governed by the internal substantive laws of the UK, without respect to its conflict of laws principles. Any claim or dispute between you and GlitterMents that arises in whole or in part from the GlitterMents Website shall be decided exclusively by a court of competent jurisdiction located in the UK. These Terms of Service, together with the Privacy Notice at http://www.GlitterMents.com/privacy-policy and any other legal notices published by GlitterMents on the Website, shall constitute the entire agreement between you and GlitterMents concerning the GlitterMents Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and GlitterMents’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. GlitterMents reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the GlitterMents Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND GLITTERMENTS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE GLITTERMENTS WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS FOREVER BARRED.